ONE TERMS OF SERVICE
Effective as of April 9th, 2024
PLEASE READ THESE TERMS BEFORE USING THE SERVICES.
These ONE Terms of Service (the “Terms”) govern your access to and use of products and services offered by ONE Finance, Inc., and OneProgress Services LLC (collectively, “ONE," "us," "we," or "our") or by us through our bank partners and affiliates either now or in the future. Such products and services include (but are not limited to) any deposit product, credit product, debit card, and other financial service offered by or through ONE, as well as services offered through ONE under the ONE@Work brand (collectively, the “Services”). Services may be offered through the ONE website, the ONE mobile application, the ONE@Work mobile application or via a web based portal from a third party site (the ONE website, ONE mobile application, the ONE@Work mobile application and such portal collectively, the “ONE App”). Additionally, Services may be offered through a ONE Debit Card or a ONE Retail Card. Please read these Terms carefully before using the Services. By accessing, applying for, using the Services, or accessing the ONE App or the ONE@Work App, you agree that you have read, understood, and agree to be bound by these Terms, including the Arbitration Provision and Class Action Waiver, even if you do not obtain any product or Service from us.
IF YOU DO NOT AGREE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
By accepting these Terms, you also agree to the applicable Privacy Notice and Policy, which also govern your access to and use of the Services and which are incorporated by reference into these Terms.
ARBITRATION NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 10 BELOW FOR MORE INFORMATION.
AUTHORIZATION TO CONTACT YOU BY TELEPHONE: BY PROVIDING US WITH A TELEPHONE NUMBER, YOU EXPRESSLY AUTHORIZE ONE AND ITS AFFILIATES, AGENTS, AND INDEPENDENT CONTRACTORS TO DELIVER OR CAUSE TO BE DELIVERED TELEPHONE CALLS OR TEXT MESSAGES, INCLUDING THROUGH THE USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM OR ARTIFICIAL OR PRERECORDED VOICE, INCLUDING CALLS OR TEXTS MADE FOR ADVERTISING PURPOSES OR THAT CONSTITUTE TELEMARKETING, TO THE TELEPHONE NUMBER YOU PROVIDE US, PROVIDED THAT WE WILL NOT SHARE YOUR PHONE NUMBER WITH THIRD PARTIES FOR THEIR OWN MARKETING PURPOSES. MESSAGE, DATA, AND CALL RATES MAY APPLY. TO OPT OUT AT ANY TIME, REPLY “STOP”. RECEIVING THESE CALLS OR TEXTS IS NOT REQUIRED AS A CONDITION TO MAINTAIN A ONE ACCOUNT; YOU CAN HAVE A ONE ACCOUNT EVEN IF YOU OPT OUT.
Additionally, we may contact you with service-related information, questions about your use of the Services, Account information. After you text STOP to us, we will send you a text message to confirm you have been unsubscribed. After this, you will no longer receive marketing messages by text. If you are experiencing issues, you can reply with the keyword “HELP” for more assistance, or you can get help directly at (855) 830-6200.
Message and data rates may apply to both non-marketing and marketing-related messages. Carriers are not liable for delayed or undelivered messages. Messaging frequency varies.
Text messages sent from ONE’s short code numbers
You are opting into our one-time passcode (OTP) program. We will send you a message from 663687 to confirm your signup. OTPs will contain a one-time verification code. Message and data rates may apply. Message frequency varies. Text “HELP” for help. Text “STOP” to cancel. After you send the message” STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from this number. If you want to receive messages again, text “START” to 663687 and we will start sending messages to you again.
When you opt into our text-to-apply program, we will send you a message from 663277 to confirm your sign up. Text-to-apply messages will include a link to start your application. Message and data rates may apply. Message frequency varies. Text “HELP” for help. Text “STOP” to cancel. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from this number. If you want to receive messages again, opt-in as you did the first time and we will start sending messages to you again.
The Services may provide general information about products and services offered by ONE or third parties through the ONE App. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described on the Services at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. Although we try to provide accurate and timely information on the Services, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on the Services.
The copyrights in all the Services’ content, including but not limited to all music, images, screens, icons, text, software, logos, expressions, and ideas (collectively, the “Content”), are owned by us and/or third parties. Except as provided below, none of the Content may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without our prior written permission or that of the copyright owners. Unauthorized use of any Content may violate copyright laws, patent laws, trademark laws, the laws of privacy and publicity, and/or various communication regulations and statutes.
The Services may contain links to sites provided by third-party providers, such as social media websites and product partners. Such linked sites are not under the control of ONE, and ONE is not responsible for the content of any linked site or any link contained in a linked site. These links are being provided for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms and conditions established by the operator of that website. The fact that we provide a link to a website does not mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website's owners or sponsors.
To access our Services, you will need a working connection to the internet via a web browser or an app on your computing device for which you are responsible for all costs, expenses, and fees. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the Services may not be available for your use. We minimize the periods of time during which the Services are unavailable. You agree that we shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Services, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Services caused directly or indirectly, in whole or in part, by your computing device, your inability to establish a connection to the internet, your internet service provider, or capacity or other limitations or constraints of the internet.
The Services are not intended for use by persons residing outside of the United States and its territories or who are in any country or other jurisdiction where such use would be contrary to applicable laws or regulations. We may restrict your access to the Services during times you are in a country or other jurisdiction for which use of the Services would be prohibited or would, in our discretion, present risk to ONE. You are responsible for compliance with all local laws. By offering information, products, or services via the Services, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.
To obtain ONE Services, you must be 18 years or older. However, we may offer certain Services to applicants who are 16 years or older as part of programs offered through partnerships.
You are solely responsible for (i) maintaining the security of your computer(s) or device(s) used for accessing the Service or on which the ONE App has been installed; and (ii) the confidentiality of your account information, including your access credentials. You are solely responsible for any and all activity that occurs under your user account as a result of your sharing this information or failing to keep this information secure and confidential, except as otherwise provided by law. You agree to notify us immediately of any unauthorized use of your user account, or any other breach of security.
We may at any time, with or without cause, and without prior notice to you, deny you access to the Services. We may terminate any Service in whole or in part at any time without prior notice to you. Unless we specify otherwise, the termination of a Service will not affect any applications you have submitted in connection with such Service or any existing transactions you have entered into with us through such Service.
Your use of the Services is limited to the intended function of the Services. Unauthorized use of the Services and related systems, including but not limited to unauthorized entry into any of our systems or misuse of any information posted on the Services, is strictly prohibited. You are prohibited from using the Services in any manner that:
● Constitutes a commercial use other than for your own personal use;
● Accesses data that is not intended for you;
● Invades the privacy of, obtains the identity of, or obtains any personal information about any other user of the Services;
● Probes, scans, or tests the vulnerability of the Services or our network or breach security or authentication measures without proper authorization;
● Attempts to interfere with services to any user, host, or network or otherwise attempts to disrupt our business, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
● Sends unsolicited mail, including promotions and/or advertising of products and services;
● Is unlawful, fraudulent, or deceptive;
● Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
● Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
● Violates the Terms or any other policies or agreements that you enter into with us;
● Attempts to reverse engineer, disassemble, decompile or decipher the App or the Services, or software making up the App and Services;
● Navigates or searches the App or Services with any tool, software, agent, engine, or other means (including bots, avatars, intelligent agents, or spiders);
● Fails to comply with applicable third-party terms; or
● Constitutes any other inappropriate conduct, as determined by us in our sole discretion.
If you violate any provision of these Terms, your permission to use the Services will terminate. Additionally, we, in our sole discretion may terminate your user account or suspend or terminate your access to the Services at any time, with or without notice.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you apply for certain Services, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. If all required documentation or information is not provided, ONE may be unable to open an Account or establish a relationship with you.
Use of our Services may involve the collection and/or use of financial Transaction Data. When you use our Services you may give us access to collect your financial data from your other accounts, for example payments into and out of such accounts including the date, time, amount, merchant or beneficiary details, or ATMs associated with the transaction or we may receive financial data from financial institutions from which you have obtained and use their products or services through the ONE App (collectively “Transaction Data”).
Transaction Data from Financial Institutions.
When you obtain and use products or services from ONE that are issued or supported by third-party financial institutions that make their products or services available to you through the ONE App, you acknowledge that these financial institutions may disclose, and where applicable you expressly authorize and consent to the disclosure of, any Transaction Data to ONE that arises from your application for and use of such products or services, to be used by ONE for any permitted use described in the ONE Privacy Policy.
Subject to the ONE Privacy Policy, you grant ONE, its affiliates, service providers, and partners a license to use Transaction Data for the Services and to provide, operate, administer, develop, and improve the Services. ONE and the service providers may use, modify, display, distribute, and create new material using the Transaction Data to provide Services to you. ONE and the service providers may also use, sell, license, reproduce, aggregate, distribute, and disclose Personal Nonidentifying Information that is derived through your use of the Services. Personal Nonidentifying Information means information about a person and that person’s characteristics or activities that has been stripped of any information used to identify or contact such a person. Personal Nonidentifying Information may include, for example, a person’s demographic profile, financial profile, city of residence, or other non-identifying characteristics. By submitting the Transaction Data, you automatically agree and represent that the owner of the Transaction Data has, without payment of any fees or time limit, expressly agreed that ONE and the service providers may use the Transaction Data for the purposes set out above. As used herein, Service Provider shall mean those third parties with whom we have a contract to help provide, operate, administer, develop, and improve the Services.
By using the Services, you authorize us and our service providers to access third party sites, servers, or documents on your behalf, to retrieve information to register for accounts requested by you, or otherwise use the information to provide the Services to you.
To the extent permitted by applicable law, under no circumstances will ONE be liable in any way for any Transaction Data, including any errors or omissions, modification, loss, or deletion of any Transaction Data, or any damage incurred as a result of the use of or reliance upon any Transaction Data.
ONE reserves the right to retain, remove, delete, or modify any or all of the Transaction Data at any time, subject to applicable regulatory retention requirements, without prior notice and in its sole discretion for any reason or no reason.
Shared Pocket Transaction Data.
ONE demand deposit account-owners may provide, or be provided with, access to shared pockets, which make it possible to share pockets for depositing, withdrawing, and borrowing funds. By creating and adding someone to a shared pocket, you authorize that person to access funds and information associated with the shared pocket. In addition, as the creator of a shared pocket, you agree to share all information relating to that pocket (including all the transaction history about the shared pocket from the time you created it).
Linked Account Data.
We use third-party service providers to process and authorize your payment and to facilitate ownership of account transfers. By using our Services, you are authorizing us and our third-party service provider(s) to debit your account using your selected payment method. ONE will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence by ONE, ONE will not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or using the Services. You represent and warrant that the information you provide to ONE on any forms or during account registration is true and accurate and you have the necessary rights to the information you provide.
If you submit an email address to us through the Services, we may use your email address to communicate with you electronically. Email is not secure and you understand that there are risks associated with communicating via email, including the possibility of unauthorized access, failure to receive emails because they have been misdirected or sent to a spam folder, and your inability to access email due to power outages, hardware, or software malfunctions or failures of your computing device, or matters affecting the internet or your access to the internet. For security reasons, we may not be able to respond to certain email requests.
You authorize us to send you push notifications to communicate with you. You can opt out of receiving push notifications through your device settings. Note that opting out of receiving push notifications may impact your use of the Services.
We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. Although we use administrative, technical, and physical security measures designed to protect your account and other personal information, the internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the internet are absolutely secure or that a third party will not be able to access or intercept such payment information. We are not responsible for any electronic virus or viruses that you may encounter as you use the internet. We suggest that you routinely scan your devices using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
We are committed to stopping fraud and reserve the right to take all reasonable measures to detect and prevent it. For security purposes, we may view, monitor, and record activity on the Services without notice or permission from you. Any information obtained by monitoring, viewing, or recording may be subject to review by law-enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Services. We will also comply with court orders involving requests for such information. Actual or attempted fraud or other unauthorized use of the Services may result in criminal and/or civil prosecution and immediate termination of your right to use the Services.
To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions using the Services. Use of unique login information may be required to access certain portions of the Services. You acknowledge that your login information is unique, and that it must be kept private and confidential to protect the security of your account. You agree not to give or make available your login information to any unauthorized individual. If you believe your login information has been compromised, lost, or stolen; someone has attempted to use your account; or your account has been accessed by someone other than yourself, you must notify us immediately using the contact information below this section. If you lose or forget your login information, contact us immediately. If you fail to notify us, you may be liable for all unauthorized activity on your account. You can notify us by telephone (toll-free) at: 1-855-830-6200.
One Pay Service Overview
One Pay allows you to store virtual representations of credit and debit cards (collectively referred to as “Cards”). One Pay enables you to pay for purchases using Cards at select merchants, or within select apps or websites, for the purchase of goods and services. Some products or services may not be eligible for purchase using One Pay, based on merchant restrictions. These products and services may include but are not limited to: tobacco, alcohol, firearms, optical or photo products and services, or products requiring a service agreement such as wireless, automotive, or financial products. You may not use One Pay to withdraw cash, make transfers between your accounts, or make peer-to-peer payments. There is no fee for using the One Pay Service. One Pay and certain features of One Pay may only be available in select regions and with select card issuers, payment networks, merchants, and other third parties. Cards supported by One Pay may change from time to time.
One Pay Eligibility
In addition to the requirements listed in Section 2 of these Terms, if you do not have a product offered by ONE where you have provided personal information to ONE, you will need to provide some details to ONE. This may include your name, a valid phone number, an email address, and your address.
One Pay Authorized Usage
One Pay is intended for your personal use and you may only add Cards to One Pay which are in your name or for which you are an authorized user. If you are adding a corporate Card to One Pay, you represent and warrant that you are doing so with the authorization of your employer and you are authorized to bind your employer to these Terms as of the date that you add the Card to One Pay and on each date that you use the Card representing such Card to make a transaction.
You agree not to use One Pay for illegal or fraudulent purposes, or any other purposes which are prohibited by these Terms. You also agree to use One Pay in accordance with all applicable laws and regulations. If your access to or use of One Pay is prohibited by applicable law, you are not authorized to access or use One Pay. We are not responsible if you access or use One Pay in any manner that violates applicable law. If we discover usage that violates these Terms or applicable law, we may discontinue your access to One Pay and exercise any other of rights under these Terms or applicable law.
Use of One Pay
Cards added to One Pay are associated with your ONE App credentials. When you add or remove Cards from One Pay, the change may appear on other devices using your ONE App credentials.
You agree not to interfere with or disrupt any Services (including accessing One Pay through automated means), or any servers or networks connected to Services, or any policies, requirements, or regulations of networks connected to Services (including any unauthorized access to, use, or monitoring of data or traffic thereon).
Scope of the One Pay Service
In addition to these Terms, your use of the Cards loaded into One Pay is governed by the terms of the cardholder agreements you have in place with the relevant issuers of the Cards. For Cards not issued through ONE, ONE does not process payments and has no control over, and is not responsible for, any payments, chargebacks, returns, refunds, funds transfers, rewards, value, discounts, access, identity verification, or other activity that may arise out of your use of One Pay. For all Cards, including those issued through ONE, ONE is not responsible for orders and order fulfillment that may arise out of your use of One Pay. Please see your cardholder agreement for additional details.
If there is any conflict between these Terms and your cardholder agreement with the relevant issuer, these Terms will govern your relationship with ONE, and your cardholder agreement will govern your relationship with the relevant issuer. You agree that ONE is not a party to any of your agreements with the relevant issuers, nor is ONE responsible for: (i) the content, accuracy, or availability of any Cards, purchases, transactions, funds transfers, orders, order fulfillment, receipts, or other activities while using One Pay, including without limitation those made by other individuals with whom you have shared your Cards or have access to your One Pay credentials; (ii) the issuance of credit or accessing eligibility for credit; (iii) activities of relevant issuers, merchants, app developers, or other third parties related to your use of One Pay; (iv) decisions made by an issuer, merchant, or other third party in connection with adding a Card to One Pay; (v) your membership or participation in any merchant or partner program; or (vi) any accrual or redemption of rewards or stored value in connection with your Cards. For all disputes or questions about your Cards or associated transactions, please contact your relevant issuer or the applicable merchant, app developed, or other third party. For questions regarding One Pay, please contact ONE through the chat functionality in the ONE App.
One Pay Reward Offers
On occasion, you may receive offers associated with certain transactional usage in One Pay. Redemption of offers and any associated rewards may require that you open a deposit account through ONE. The terms of any offer or reward redemption is governed by the One Pay Rewards Terms and Conditions.
One Pay Security
One Pay stores virtual representations of your Cards and should be protected as you would protect your physical wallet, debit cards, and credit cards. You are solely responsible for maintaining the security of your One Pay account and any devices used to access One Pay, including any associated passcodes, passwords, biometric credentials, and any other authentication credentials used in connection with One Pay or other Services or your devices (collectively referred to as “Credentials”).
You agree that you will not authorize or allow anyone else to use your Services, Credentials, or any device used to access One Pay (e.g., by providing your One Pay or device passcode, or otherwise providing any of your Credentials to another individual) or to, by any means, make payments, receive or redeem rewards, or make other transactions with Cards in your One Pay account. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO USE OR HANDLE YOUR DEVICE OR TO ACCESS ONE PAY EXCEPT AS LIMITED BY APPLICABLE LAW.
If a device used to access One Pay is lost or stolen, you should contact the issuer of your Cards, or ONE in the case of a Card issued by ONE, in order to prevent unauthorized access to your Cards stored within One Pay. If you report or ONE suspects fraudulent or abusive activity, you agree to cooperate with ONE in any investigation and to use any fraud prevention measures we prescribe.
In connection with certain Products, we may provide you with the opportunity to receive a credit monitoring service. The credit monitoring service is supported by data and services from TransUnion®, and includes your VantageScore® 4.0 (or future similar score provided by TransUnion®). As part of our credit monitoring service, you agree that we may provide you with updates regarding changes to your consumer report and important notifications related to your credit profile, which we may do via the ONE App, push notifications, emails or text messages.
The credit monitoring service is intended to furnish you with information that you may not otherwise have readily available to you. You understand that you are authorizing us to obtain such information at any time and use per your “written instruction” in your Consumer Report Authorization and as described in this Terms and Conditions for as long as the services are provided to you. All features of the credit monitoring service may not be available to you if you have limited or no credit bureau data or if we cannot verify your identity. We may cancel your participation if you do not login for 6 consecutive months and we reserve the right to modify or eliminate the credit score monitoring service at any time.
While you may receive credit score monitoring information from ONE, you should know that by law, you also have the right to free credit reports from AnnualCreditReport.com or by calling 877-322-8228. By law, you may obtain one free credit report from each of the three national consumer reporting agencies (Experian Information Solutions, Inc., Equifax Inc., and TransUnion) during any twelve-month period. For more information, go to www.consumerfinance.gov/learnmore.
The credit monitoring service is provided for educational and informational purposes only. We are not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act and we do not provide “credit repair” services or advice or assistance regarding “rebuilding” or “improving” your credit. We make no representation that we will improve or attempt to improve your credit record, history, or rating. There are various types of credit scores, and lenders use a variety of different types of credit scores to make lending decisions. The credit score you may receive is based on the VantageScore 4.0 model (or future similar score provided by TransUnion®) and may not be the credit score model used by your lender. VantageScore is a registered trademark of VantageScore, LLC.
THE SERVICES’ CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THE SERVICES, OR FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY INFORMATION PROVIDED ON THE SERVICES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY EMAIL OR OTHER ELECTRONIC MEANS OR RECEIVING EMAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE SERVICES, THE INTERNET, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES OR THE INTERNET.
WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY US OR AFFILIATED WITH US.
You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the Services in violation of these Terms or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.
If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the Notification must include substantially the following:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), the Designated Agent for Claimed Infringement shall be contacted by calling (toll-free) at 855-830-6200. If you do not comply with the above requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Services infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
This Arbitration Provision does not apply to any credit card or other product that constitutes “consumer credit” under the Military Lending Act (or its implementing regulations) that you may obtain from or through us if you are a Covered Borrower under the Military Lending Act at the time you obtain such product. |
THIS ARBITRATION PROVISION AFFECTS YOUR RIGHTS. PLEASE READ IT CAREFULLY BEFORE AGREEING TO THIS AGREEMENT. EXCEPT AS OTHERWISE NOTED, CAPITALIZED TERMS HAVE THE MEANING SPECIFIED IN THIS AGREEMENT.
Except as otherwise explicitly provided in this Arbitration Provision, ONE and any bank, financial institution, service provider, or other entity with which ONE partners, together with their parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns and any of these entities’ employees, officers, directors and agents and their successors, assigns, affiliates and service providers (collectively, the “Transaction Parties”) and you can elect to resolve any past, present or future dispute or claim (“Dispute”) arising from or relating in any way to the Services, these Terms or any agreement governing the Services or the relationships between you and/or Transaction Parties resulting therefrom, by binding arbitration under the Consumer Arbitration Rules (the “Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court. (Solely for purposes of this Arbitration Provision, the term Transaction Parties also includes any third party providing any goods and/or services in connection with the Services on behalf of a Transaction Party, if that third party is named as a defendant along with a Transaction Party in a single proceeding.)
Except as otherwise explicitly provided in this Arbitration Provision, “Dispute” broadly includes, without limitation: any claims based in contract, statute, ordinance, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims and third-party claims; federal, state and local claims; and claims which arose before the date of your obtaining the Services, including, but not limited to, any dispute or claim arising before the date you obtained the Services or agreed to these Terms.
The Federal Arbitration Act (“FAA”) and federal arbitration law apply to this Arbitration Provision. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court in an individual case and must apply and follow applicable substantive law, consistent with the FAA, and the terms of this Agreement and any agreement governing a product or service provided by ONE. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. As in court, the arbitrator can impose sanctions on any represented party or counsel permitted under AAA Rules, Federal Rule of Civil Procedure 11(b), or other applicable federal or state law. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
Either you or a Transaction Party can initiate arbitration. Regardless of who elected arbitration or how arbitration was elected (such as by filing a motion to compel arbitration in court), the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If the AAA cannot or will not administer the arbitration in accordance with this Arbitration Provision, another administrator will be selected by agreement of the parties or, if there is no agreement, by a court with jurisdiction. Any arbitration administered by the AAA will be governed by the Consumer Rules in effect on the date the arbitration is filed, and the AAA’s Procedures for the Resolution of Disputes through Document Submission (“Document Submission Procedures”). (For more information about the AAA and its rules, you may contact the AAA at American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y 10271, 1-800-778-7879, www.adr.org). The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees and AAA does not waive them (after you have submitted any necessary information to request waiver), a Transaction Party will pay all arbitration administrative and arbitrator fees and expenses.
The arbitration may be conducted solely based on written submissions, by telephone or videoconference, or by in-person hearing, as the arbitrator deems appropriate.
You and the Transaction Parties agree that any Disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Arbitration Provision. In addition any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits; but if that action is transferred, removed or appealed to a different court, arbitration can be elected.
Even if all parties have opted to litigate a Dispute in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision.
Notwithstanding any of the foregoing, disputes or controversies about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about these Terms or your agreements governing any product or service provided by ONE or with Transaction Parties as a whole are for an arbitrator and not a court to decide.
CLASS ACTION WAIVER: You and the Transaction Parties each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law: (a) no arbitration will be joined or consolidated with any other (except for multiple arbitrations pertaining to the same Account); (b) there is no right or authority for any Dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Transaction Parties and/or you individually.
SURVIVAL OF ARBITRATION PROVISION AND CLASS ACTION WAIVER: If any portion of the Arbitration Provision is inconsistent with the Consumer Rules or with these Terms or any other agreements governing any product or service provided by ONE or with Transaction Parties, this Arbitration Provision shall govern. This Arbitration Provision shall survive the closure of your Account, termination of any product or service provided by ONE, termination of any agreement into which you enter with a Transaction Party and any withdrawal or denial of or determination on any application for an Account; and, further, you understand and agree that this Arbitration Provision applies not only to these Terms but also to any subsequent agreement (including without limitation any agreement governing any product or service) into which you enter with a Transaction Party.
If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, except that: (A) If there is a final judicial determination (after all appeals) that the Class Action Waiver cannot be enforced as to a particular claim or a particular request for relief, then that claim or request for relief will be decided by a court after all other claims and requests for relief are arbitrated. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court after any individual claims (such as claims seeking monetary relief) are arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. The parties acknowledge and agree that under no circumstances will a claim for public injunctive relief be arbitrated.
Arbitration of Coordinated Claims: If 25 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel (regardless of whether the cases are pursued simultaneously), all of the cases must be resolved in staged proceedings. You agree to this process even though it might delay the arbitration of your claim. In the first stage, claimants’ counsel and ONE will each select up to 25 cases (50 cases total) to be filed in arbitration and resolved individually by separate arbitrators (if there are fewer than 50 cases, claimants’ counsel and ONE will each select up to half of the total number of cases). If feasible, arbitrators will be from the respective claimants’ home states. In the meantime, no other cases may be filed or proceed in arbitration. Nor may the AAA accept, administer, or demand payment for fees for other arbitrations; provided, however, that the preceding two sentences shall not apply to any claimant not associated with or represented by the same or coordinated counsel. After the first stage is completed, the parties shall engage in a single mediation of all remaining cases, and ONE shall pay the mediation fee. If the parties cannot agree how to resolve all of the remaining cases after the mediation, the parties will repeat the process of filing up to 50 cases to be resolved individually by separate arbitrators, followed by mediation. If any claims remain after the second stage, the process will be repeated until all cases are resolved, with four differences. First, a total of 100 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of claimants’ counsel. If this subsection applies to a notice of Dispute, any statute of limitations or contractual limitations period applicable to the listed claims and requests for relief will be tolled from the time the first cases are selected for bellwether proceedings until the claimant’s notice of Dispute is selected for a staged proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this Section, including the power to enjoin the filing or prosecution of arbitrations or assessment or collection of related fees. If there is a final judicial determination that the staging process in this subsection is not enforceable, then the cases may be filed in arbitration, but the payment of AAA and arbitrator fees will be assessed as arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.
RIGHT TO OPT OUT: If you do not want this Arbitration Provision and Class Action Waiver to apply, you must contact us by calling (toll-free) at 855-830-6200 or writing to us at One Finance, Inc., P.O. Box 513717, Los Angeles, CA 90051 within 30 calendar days of the date on which you electronically sign these Terms. To opt out, you must send to ONE your name, mailing and email address, phone number, and a statement personally signed or electronically signed by you that you want to opt out of arbitration. Opting out will not affect the other provisions of these Terms or any other agreement governing a product or service provided by ONE or with a Transaction Party. If you do not opt out, you will be bound by this Arbitration Provision and Class Action Waiver in these Terms and any other agreement governing a product or service provided by ONE or with a Transaction Party.
WAIVER OF RIGHT TO TRIAL BY JURY - WE AND YOU ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND US (INCLUDING ANY TRANSACTION PARTY) KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR RELATIONSHIP WITH ONE OR ANY TRANSACTION PARY. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION AND CLASS ACTION WAIVER PROVISION SET FORTH IN THE NEXT SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.
ONE is committed to providing accessible banking services to the public. If you seek a reasonable accommodation, encounter a question with a feature or function, or have other accessibility-related feedback, please contact us toll-free at 1-855-830-6200 and request to speak with our Accessibility Coordinator. We make no guarantees of being able to make changes beyond those required by law. Our products may contain experiences or links hosted by third party providers. We do not make any representations with regard to the accessibility of such experiences and are not able to remediate accessibility barriers presented by such experiences.
These Terms and their enforcement shall be governed by the laws of the State of California, without regard to any conflict or any choice of law provision, and shall ensure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. To the extent that any dispute arising under these Terms is not arbitrated, you consent to the exclusive jurisdiction of, and agree that such dispute may be resolved by, courts located in Sacramento County, California or the U.S. District Court for the Eastern District of California, Sacramento Division. If we are successful in any such action, suit or judicial proceeding, you agree that we shall be entitled to recover to the extent permitted by law, our reasonable attorneys’ fees and court costs.
No failure, omission, or delay on our part to exercise any right under these Terms will preclude any other further exercise of that right or other right under these Terms.
If any terms in these Terms (excluding the Arbitration Provision) change due to applicable law or is declared invalid by order of a court, the remaining terms of these Terms will not be affected, and these Terms (excluding the Arbitration Provision) will be interpreted as if the invalid terms had not been placed in these Terms. The headings in these Terms are intended only to help organize these Terms.
You may not assign your rights or delegate your duties under these Terms.
You agree that we may from time to time amend all or any part of these Terms, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through the Services and changing the features and functionality to the Services. We will notify you electronically of any change to these Terms as required by applicable law. Any such changes shall take effect as soon as they are posted on the Services (or, if we provide advance notice of the change, on the date specified in any such notice). Your use of the Services after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should also review these Terms periodically for any changes. Notwithstanding any provision of these Terms or of any other agreement governing the Services or with a Transaction Party to the contrary, we will not amend the Arbitration Provision in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision in its entirety.
If you have any questions about these Terms, please contact us by Telephone (toll-free) at: 1-855-830-6200.
For California Customers:
A married applicant may apply for a separate account.
For Ohio Customers:
The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.