ONE@WORK AGREEMENT
Effective as of March 13, 2024
THIS AGREEMENT INCLUDES A JURY TRIAL WAIVER AND A BINDING
ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER.
PLEASE REFER TO SECTIONS 12 AND 13 BELOW FOR MORE INFORMATION.
TABLE OF CONTENTS
1. ONE@WORK AGREEMENT
2. YOUR INFORMATION AND REQUIREMENTS
3. THIRD-PARTY ACCOUNT INFORMATION
4. ONE@WORK SERVICES
5. CASH PICK-UP
6. PAYROLL DEDUCTION AUTHORIZATION; AUTHORIZATION TO CREDIT OR DEBIT YOUR BANK ACCOUNT
7. TERMINATION OF ONE@WORK ACCOUNT
8. DISCLAIMER OF WARRANTIES
9. NO LEGAL, TAX, OR FINANCIAL ADVICE
10. LIMITATION OF LIABILITY
11. INDEMNIFICATION
12. JURY TRIAL WAIVER
13. ARBITRATION PROVISION AND CLASS ACTION WAIVER
14. LICENSING, CONTACTING DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION
15. GENERAL ACCOUNT TERMS
16. CONTACTING US
1. ONE@WORK AGREEMENT
This ONE@Work Agreement is the contract between you, the person using the
ONE@Work Services (as defined below) (“you” or “your”), and ONE Finance, Inc.,
(“ONE”) that governs your use of ONE@Work Instapay, ONE@Work Save,
ONE@Work Spend and any other services offered now or in the future under the
ONE@Work brand, through the ONE@Work App or the ONE@Work website
(collectively the “ONE@Work Services” or “Services”). The ONE@Work Services are
further detailed in Section 4 of this Agreement.
If you apply for, create, log in to or use a ONE@Work Account, then you acknowledge
that you have read, understood, and agree to be bound by the terms of this Agreement
and to comply with all applicable laws and regulations.
The Services are a benefit program (“Program”) offered through your Employer
(“Employer”) as defined below. Accordingly, your Program may be tailored to provide
terms and conditions different from or additional to those contained herein, and to
provide a subset of Services rather than all of the Services set forth below. Any
additional or different terms and conditions and availability of Services based on your
Program will be set forth in an ONE@Work Agreement Addendum (“Addendum”). The
Addendum is incorporated into, supplements, and amends this Agreement. Any
reference to “ONE@Work Agreement” or “Agreement” herein means this Agreement
and the Addendum. In the event of a conflict between the Addendum and the
Agreement, the Addendum shall govern. Not all ONE@Work Account holders will be
able to access all Services at all times.
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This Agreement also refers to and includes the:
ONE Terms of Service
E-Sign Consent Agreement
ONE Privacy Policy
Current versions of these documents and this Agreement are available
at http://www.one.app/atwork/legal.
2. YOUR INFORMATION AND REQUIREMENTS
To access the ONE@Work Services, you must be an eligible employee of an Employer
who is a customer of ONE (“Employer”), and you must create an account with
ONE@Work (a “ONE@Work Account” or “Account”). Additionally, you must be a
legal resident of the United States, and you must be of legal age to form a binding
contract with ONE; however we may offer ONE@Work Services to those who are 16
years or older as part of programs offered through partnerships or per your employer’s
hiring practices.
You agree to provide accurate, current, and complete information—such as, but not
limited to, your name, phone number and email address—as may be prompted by any
registration forms available through the Services or otherwise requested by ONE (any
such information, “Account Information”). You further represent that you are a legal
owner of, and that you are authorized to provide us with, all Account Information and
other information necessary to facilitate your use of the Services. You certify, warrant,
and represent that the telephone number you have provided to us is your contact
number and not someone else’s. You represent that you are permitted to receive calls
and text messages at the telephone number you have provided to us. You agree to
promptly alert us whenever you stop using a telephone number.
In order to use certain Services, ONE may be required to verify your identity. By creating
an Account, you authorize us to make any inquiries we consider necessary to validate
your identity. Specifically, you authorize us to obtain information about you from time to
time from consumer reporting agencies, verification services, our affiliates, and other
third parties to verify your identity. If you do not respond to such inquiries or we cannot
verify your identity, we may refuse to allow you to use the Services.
Should any of your Account Information change, you agree that you will update this
information as soon as possible. To update your Account Information, you may go to the
“Profile” section of the Services, click on “App Settings,” and update your Account
Information accordingly. Should you believe or have reason to believe that any of your
Account Information has been compromised, or that another person is accessing your
ONE@Work Account through some other means, you agree to notify us as soon as
possible at [email protected].
You agree not to use the ONE@Work App or Services in any manner other than as
intended, or in any manner that violates the ONE Terms of Service. ONE reserves the
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right to take various actions against you if we believe you have engaged in activities
restricted by this Agreement or by laws or regulations, and ONE also reserves the right
to take action to protect ONE, other users, and other third parties from any liability, fees,
fines, or penalties. We may take actions including, but not limited to:
(i) updating information you have provided to us so that it is accurate;
(ii) limiting or completely closing your access to the App or the Services;
(iii) suspending or terminating your ability to use the App or the Services on an
ongoing basis;
(iv) taking legal action against you (but note that as explained in Section 4.c,
ONE will not take action against you for failure to repay an Instapay); or
(v) holding you liable for the amount of ONE’s damages caused by your violation
of this Agreement.
3. THIRD-PARTY ACCOUNT INFORMATION
To enable ONE to provide you the Services as outlined in this Agreement—such as
determining your income and expenses to provide you with a budgeting tool—you
authorize ONE to retrieve your bank account transaction history, account balance
information, wages, employment schedule, bills, as well as other information maintained
by third parties (“Third Parties”) with which you have employment—such as your
Employer—or financial account relationships, such as your bank (all such information is
collectively referred to as Third-Party Account Information”), which ONE may use in
accordance with the Privacy Policy. ONE works with one or more affiliated or unaffiliated
service providers to access this Third-Party Account Information. By using the Services,
you authorize ONE to access this information maintained by Third Parties, on your
behalf as your agent, and you expressly authorize such Third Parties to disclose your
information to us. ONE is not responsible for any errors or damages caused by these
companies.
By agreeing to this Agreement, you are also agreeing that you are responsible for
keeping your passwords and usernames for this Third-Party Account Information
secure, and for keeping those passwords and usernames up to date in the ONE@Work
App. ONE does not review the Third-Party Account Information for accuracy, legality, or
non-infringement, and ONE is not responsible for your Third-Party Account Information
or products and services offered by or on Third Party sites.
You acknowledge that any Third-Party Account Information that is displayed through the
Services will be the information we most recently accessed, and that this information
may not reflect pending transactions or other recent activity.
4. ONE@WORK SERVICES
ONE@WORK SERVICES ARE A VOLUNTARY BENEFIT PROGRAM. EMPLOYEES
ARE NOT REQUIRED TO PARTICIPATE IN THIS PROGRAM. IF YOU DO WISH TO
PARTICIPATE, THEN YOU MUST CREATE A ONE@WORK ACCOUNT TO UTILIZE
ANY OF THE SERVICES SET FORTH BELOW.
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As noted above, the ONE@Work Program offered through your Employer may be
tailored to provide a subset of the Services discussed below, rather than all of the
Services. Specific details about the services available to you will be set forth in the
Addendum.
A. ONE@Work Spend
ONE@Work Spend is a budgeting tool. ONE@Work Spend relies on both
historical and real-time transaction data from your linked bank account(s) held
at a United States depository financial institution, and time and attendance
and payroll information provided by your Employer. ONE@Work Spend then
uses this information to help you budget and manage your cash flow.
However, note that as further explained below in Section 9, ONE is not a
financial planner and does not offer legal, tax, or financial advice.
ONE@Work Spend relies upon data furnished by your personal financial
institution that may not reflect all account transactions. It is your responsibility
to ensure that ONE@Work Spend reflects all of your recent purchases
including pending charges to be posted.
B. ONE@Work Save
ONE@Work Save enables you to allocate a portion of each paycheck
towards your savings, which are held in through a ONE@Work Save Account
at an FDIC-insured partner bank. Use of ONE@Work Save may require that
you open a deposit account with a bank partner and/or be subject to a
separate user agreement between you and the bank partner. Depending on
the bank partner, your ONE@Work Save Account may have full deposit
account capabilities or may have several important limitations. Please review
your separate user agreement for clarification on the limitations, if any,
associated with your ONE@Work Save Account. You will always have at
least one option to access the funds in your ONE@Work Save Account
without a fee.
In accordance with your instructions, the funds you request to be saved will
be either deducted from your paycheck, or withdrawn from your personal
bank account where your paycheck is deposited. These transfers will be
made each payday. For more details on the deduction of funds from your
paycheck, see Section 6.
Depending on the type of ONE@Work Save Account, funds placed in your
ONE@Work Save Account may remain there until you instruct ONE to
transfer any or all of your funds from your ONE@Work Save Account to your
bank account. The transfer of the requested funds by ONE from your
ONE@Work Save Account generally will be made within two business days
of when the request is received. Funds also may be transferred from your
ONE@Work Save Account to your bank account without notice to you upon
the closure, cancellation, or termination of your Account as described below.
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C. Instapay
About Instapay: Instapay is a service that enables you to obtain access a
percentage of your earned but unpaid wages prior to payday (each advance
of wages is referred to as an “Instapay”). You repay an Instapay in one
payment that is automatically made on the payday immediately following the
date on which you take an Instapay. If you take multiple Instapays during a
pay period, they will all be repaid on the payday that corresponds to that pay
period. If you do not have enough funds on your paycheck to repay an
Instapay, you will automatically repay the Instapay in subsequent paychecks
or as allowed per your Program, as discussed below.
You request an Instapay in the ONE@Work App. When you request an
Instapay, we electronically communicate with your Employer to confirm your
up-to-date time-and-attendance and payroll information.
When you request an Instapay, you will select how you want to receive the
funds. Instapay funds may be available to you:
in your bank account instantly (usually within seconds, but up to 30
minutes) (“Instant Deposit”) (this may be subject to an expedited funds
fee);
in your bank account within 1 business day;
in your ONE Demand Deposit Account Checking Tab (usually within
seconds); or
by Cash Pick-Up at a Walmart Money Center, in which case your cash
usually is available for pickup within seconds after you submit your
Cash Pick-Up request, but may take up to 30 minutes before being
available. The Cash Pick-Up service is discussed in greater detail
below.
“Business days” are Mondays through Fridays, excluding holidays.
Instapays are provided in accordance with the applicable provisions of the
federal Electronic Fund Transfer Act 15 U.S.C. §§ 1693 et. seq., and the
regulations thereunder.
Instant Deposit: There are no fees for you to use ONE@Work Services.
However, ONE may charge an expedited funds fee if you choose to receive
your Instapay funds in your bank account instantly (usually within seconds,
but up to 30 minutes) via Instant Deposit, rather than choosing to receive your
funds in your bank account within 1 business day. Any expedited funds fee
that ONE might charge you are set forth in the Addendum, which will be
provided to you before your first Instapay request. The amount of any such
expedited funds fee will be clearly displayed to you in the App when you
request an Instapay and select your preferred delivery method.
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If we charge you an expedited funds fee and you receive your Instapay funds,
the fee is non-refundable.
Auto Instapay: Auto Instapay allows you to set up recurring Instapays. If this
service is available under your Program, the details of Auto Instapay will be
available in the authorization you sign when you set up Auto Instapay.
ONE’s Recourse in the Event of Non-Payment of an Instapay: This
Section sets forth the entirety of ONE’s recourse against you in the event that
an Instapay is not recovered. Any other recourse or remedies claimed by
ONE, including but not limited to, indemnities, limitations on liability, and
disclaimers of warranty described in this Agreement, do not apply to
non-payment of an Instapay. To the extent that any recourse-related provision
of this Agreement conflicts with this “ONE’s Recourse in the Event of
Non-Payment of an Instapay” Section, this Section shall control.
ONE warrants that: (i) it has no legal or contractual claim against you based
on a failure to repay an Instapay, and (ii) with respect to a failure to repay an
Instapay, ONE warrants it will not engage in any debt collection activities,
place the amount owed with or sell to a third party, or report your Early Wage
Access history or activity to a consumer reporting agency. However, if ONE
cannot recoup an Instapay repayment, you will be prohibited from obtaining
another Instapay from ONE until the outstanding Instapay has been repaid.
Moreover, ONE does not waive any rights regarding identity theft, fraudulent
activity, or other illegal activity, and ONE will pursue instances of fraud, such
as by taking legally permitted steps to recover Instapay disbursements that
were fraudulently obtained.
If your Instapay repayment is returned unpaid by your bank for reasons such
as insufficient funds, ONE does not apply or charge any fees. However, ONE
is not responsible for any overdraft fees, over-the-limit fees, or insufficient
fund charges (including finance charges, late fees, or similar charges) that
result from your failure to maintain a sufficient balance or available credit in
your bank account. ONE is not responsible for any overdraft fees,
over-the-limit fees, or insufficient fund charges (including finance charges, late
fees, or similar charges) that result from your failure to maintain a sufficient
balance or available credit in your bank account; however, ONE will be liable
for any fees you are charged for our error if we seek a payment in the wrong
amount or on a date before the date you authorized.
5. CASH PICK-UP
Cash Pick-Up allows you to receive your money as cash, instead of in your bank
account, by picking up your money at a Walmart Money Center through the
Direct2Cash service provided by Walmart. After you submit a Cash Pick-Up request,
your money is available to you for cash pickup usually within seconds, but up to 30
minutes.
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You may use the Cash Pick-Up service in a number of ways including: (i) to receive
your Instapay disbursement rather than through a funds transfer to your bank
account; or (ii) to withdraw cash from your ONE@Work Save funds, depending on
your bank partner. If you choose to receive a cash disbursement via Cash Pick-Up
under any of the scenarios listed above, you must request the Cash Pick-Up
disbursement in the ONE@Work App. The ONE@Work App will then provide you
with a claim code that you can redeem for cash at any Walmart Money Center by
presenting the claim code at a Walmart cash register. You will not be charged any
additional fees for receiving funds through Cash Pick-Up. Please note that to pick up
your cash, you will need a valid form of photo identification.
If you opt to receive funds via Cash Pick-Up, you will have 30 days to pick up your
cash at a Walmart store. If the funds are not picked up within 30 days, the Cash
Pick-Up will be canceled and those funds will be delivered back to your paycheck on
your next pay date. Please note that the Cash Pick-Up service is provided by
Walmart and its service providers, not ONE.
6. PAYROLL DEDUCTION AUTHORIZATION; AUTHORIZATION TO CREDIT OR
DEBIT YOUR BANK ACCOUNT
If you utilize any of the Services that require ONE to place funds into your bank
account—such as Instapay or a transfer of funds from the ONE@Work Save
Account to your bank account —then you authorize ONE to electronically credit your
bank account and place the funds into your account.
If your use of ONE@Work Services requires you to repay an Instapay, pay any
expedited funds delivery fees, transfer funds to the ONE@Work Save Account as
part of the ONE@Work Save service, or engage in any other such transaction, you
authorize your Employer to make deductions from your next scheduled paycheck to
make these transactions and transfer of funds. Your Program may require you to
instead engage in such transactions and transfer of funds through debits and
withdrawals from your bank account, in which case you authorize ONE to
electronically debit your bank account accordingly.
If you do not repay an Instapay or any expedited funds fee you may owe through a
payroll deduction or from your bank account, then ONE, your Employer, and any
other associated third party has no legal or contractual claim or remedy against you
based on your failure to repay. ONE, your Employer, and any other associated third
party will not engage in any debt collection activities. For deductions you authorize
Employer to make from your paycheck, and for debits you authorize ONE to make
from your bank account, you agree that these deductions and debits do not
constitute debt collection activities.
You also authorize your Employer to deduct from your paycheck, and you authorize
ONE to electronically debit and credit your bank account, as necessary to correct
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erroneous debits, credits, or payroll processing mistakes, including overpayments or
inaccurate deductions.
You can access your authorizations in the ONE@Work App by going to the Profile
section under “App settings.”
A. Payroll Deduction Authorization
Authorization: You acknowledge that, as applicable, the payroll deduction
authorization contained in this Section represents your written authorization
for payroll deductions as provided herein and will remain in full force and
effect until you notify ONE that you wish to revoke this authorization by
emailing [email protected]. YOU MUST NOTIFY ONE AT LEAST
THREE (3) BUSINESS DAYS BEFORE THE SCHEDULED PAYMENT
TRANSFER DATE IN ORDER TO CANCEL THIS AUTHORIZATION. When
you email, please include the name and telephone number associated with
your ONE@Work Account. Failure to provide correct and complete
information may make it impossible for ONE to stop withdrawal of the
preauthorized withdrawal.
You agree to indemnify and hold harmless ONE or your Employer from and
against any loss incurred as a result of its withdrawal of a payroll deduction
authorization (or failure to withdraw) if any of the information relied upon in
your request to stop payment is incorrect or incomplete. If you have followed
the instructions in this section to notify ONE of your desire to revoke your
authorization at least three (3) business days before the scheduled payroll
deduction date, ONE will be liable for your losses or damages directly caused
by our failure to stop any payroll deduction. If ONE does not receive notice at
least three (3) business days before the payroll deduction date, Employer
may attempt, in its sole discretion, to cancel the transaction. However,
Employer assumes no responsibility for its failure to do so.
Employer will not deduct expedited funds fees from a paycheck if doing so will
reduce your rate of pay below the minimum wage for the corresponding pay
period. If the expedited funds fees deduction would reduce your rate of pay
below the minimum wage for the corresponding pay period, this ONE@Work
Service may not be available to you.
Deductions from a paycheck as part of the Services you obtain from ONE are
solely for your benefit and convenience.
If your employment with Employer ends, you authorize Employer to deduct
any outstanding Instapays and expedited funds fees from your final paycheck,
if allowed by law.
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Insufficient Paycheck Funds: If you transfer funds through payroll
deductions, there may be instances in which your paycheck does not have
sufficient funds to repay an Instapay or to fulfill your ONE@Work Save
allocations.
Instapay: If your paycheck has insufficient funds to repay an Instapay,
then your Employer will deduct the unpaid portion of the Instapay out
of a subsequent paycheck per your authorization. You acknowledge
that subsequent deductions are not debt collection activities.
ONE@Work Save: If your paycheck has insufficient funds to fulfill your
ONE@Work Save allocation, then your Employer may either transfer
the available portion of funds, or your Employer may cancel the
ONE@Work Save allocation and no funds will be transferred to your
ONE@Work Save Account for that payday.
B. Authorization to Credit or Debit Your Bank Account
Authorization: You acknowledge that, as applicable, the electronic
authorization contained in this Section represents your written authorization
for automated clearinghouse (“ACH”) transactions to or from your bank
account as provided herein and will remain in full force and effect until you
notify ONE that you wish to revoke this authorization by emailing
[email protected]. YOU MUST NOTIFY ONE AT LEAST THREE (3)
BUSINESS DAYS BEFORE THE SCHEDULED PAYMENT TRANSFER
DATE IN ORDER TO CANCEL THIS AUTHORIZATION. When you email,
please include the name and telephone number associated with your ONE
Account. Failure to provide correct and complete information may make it
impossible for ONE to stop withdrawal of the preauthorized withdrawal.
You agree to indemnify and hold harmless ONE from and against any loss
incurred as a result of its withdrawal of a pre-authorized debit transaction from
your bank account if any of the information relied upon in your request to stop
payment is incorrect or incomplete. If you have followed the instructions in
this section to notify ONE of your desire to revoke your authorization at least
three (3) business days before the scheduled payment transfer date, ONE will
be liable for your losses or damages directly caused by our failure to stop any
pre-authorized transaction. If we do not receive notice at least three (3)
business days before the scheduled payment transfer date, we may attempt,
in our sole discretion, to cancel the transaction. However, we assume no
responsibility for our failure to do so.
You have the right to receive notice of any withdrawal that would vary in
amount from the previously scheduled date amount, but you agree that we
only need to notify you in advance if a particular debit from your bank account
would be more than $3,000. Our policy is that no single debit will exceed
$3,000, so we do not expect to provide you with advance notice of each
ongoing debit transfer from your bank account.
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You agree that the initiation and transmission of each debit and credit as
authorized in this Agreement will be subject to, and made in accordance with,
U.S. law and the NACHA Operating Rules that govern ACH transactions.
You warrant and represent to ONE that you have the right to authorize us to
charge and credit your bank account for payments due to us under this
Agreement. If you have a joint bank account, you represent and warrant that
you have the authority to (a) bind the absent accountholder; and (b) enter into
this Agreement independently. You agree to indemnify and hold ONE
harmless from any claims by any other owner of the bank account.
ONE is not responsible for any overdraft fees, over-the-limit fees, or
insufficient fund charges (including finance charges, late fees, or similar
charges) that result from your failure to maintain a sufficient balance or
available credit in your bank account sufficient to repay an Instapay or
ONE@Work Service allocation. However, if your Instapay payment or
ONE@Work Service allocation of funds is returned unpaid by your bank for
reasons such as insufficient funds, ONE does not apply or charge any fees.
You represent that you are capable of saving or otherwise storing a copy of
this electronic authorization for your records, and the credit and debit
transactions you request comply with applicable law.
Insufficient Bank Account Funds: There may be instances in which your
bank account does not have sufficient funds to repay an Instapay or to fulfill
your ONE@Work Save allocations.
Instapay: If your bank account has insufficient funds on the scheduled
pay date to repay an Instapay in full, then we will be unable to debit
your account to repay any portion of the Instapay on that pay date.
Under these circumstances, we will attempt to debit your bank account
a second time on or within two days before your next pay date. You
acknowledge that this second attempt to debit your bank account does
not constitute debt collection activities. If you still have insufficient
funds to repay the Instapay on the second attempted debit, then we
will no longer seek to debit your bank account, and you will not have to
repay the Instapay if you do not wish to, pursuant to Section 4 of this
Agreement; however, you will not be able to obtain any more Instapays
until you repay the unrecouped Instapay.
ONE@Work Save: In the event that ONE attempts to transfer funds
from your bank account to support ONE@Work Save allocations and
that bank account has insufficient funds on the scheduled pay date to
fulfill your allocations, then we may move only what funds are
available, or we may cancel the ONE@Work Save allocation and no
funds will be transferred to your ONE@Work Save Account for that
payday. There will be no second or any other subsequent attempt to
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debit your bank account to make up for this partial or canceled
allocation.
7. TERMINATION OF ONE@WORK ACCOUNT
You can close your ONE@Work Account at any time by emailing ONE at
[email protected], selecting “Delete your ONE@Work Account & Data” option
in the ONE@Work App or by contacting a ONE@Work specialist in the ONE@Work
App. If you have taken an Instapay that has not yet been repaid, you will not be able
to close your ONE@Work Account until any Instapays have been repaid. There is no
fee to close your ONE@Work Account.
Just like you have the right to cancel, we have the right to cancel your use of the
ONE@Work Services. We may terminate this Agreement or suspend or terminate
your access to or use of the Services for any reason at any time upon notice to you.
For example, this can happen if we find out you are using the Services in a way that
violates this Agreement. We will inform you of any such decision via email or in-app
notification. You agree that ONE will not be liable to you or any third-party for any
termination of your access to the Services.
Upon the cancellation, closure, or termination of your ONE@Work Account by you or
by us, upon your request, we may transfer the funds, if any, in your ONE@Work
Save Account to your bank account.
If you do not use the Services for a certain period of time, applicable law may require
us to report your funds in the ONE@Work Save Account with a bank partner as
unclaimed property. If this occurs, we may try to locate you at the address shown in
our records. If we are unable to locate you, we may be required to deliver any funds
in the ONE@Work Save Account with a bank partner to the applicable state as
unclaimed property. The specified period of time to report and deliver funds to a
state varies by state, but usually ranges between two and five years.
8. DISCLAIMER OF WARRANTIES
THE ONE@WORK APP AND THE SERVICES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY
LAW, ONE AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS, AND THEIR
RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE
“ONE PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, AS TO THE
CONTENT OR OPERATION OF THE SITE OR THE SERVICES. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR THE SERVICES IS AT
YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY
WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
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OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE ONE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, OR
GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY,
ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS
OF ANY OF THE INFORMATION OR CONTENT ON THE SITE, OR THE
SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR TITLE. THE ONE PARTIES MAKE NO
REPRESENTATION, WARRANTY, OR GUARANTEE THAT THAT THE
ONE@WORK APP OR THE SERVICES ARE FREE OF VIRUSES, BUGS,
DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN
DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS
INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the
extent that a jurisdiction places limits on the ability for a party to exclude warranties,
these exclusions exist to the extent permitted by law. Because of this jurisdictional
variance, some of the above exclusions may not apply to you.
9. NO LEGAL, TAX, OR FINANCIAL ADVICE
ONE DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR
FINANCIAL ADVICE THROUGH THE ONE@WORK APP OR THE SERVICES.
ONE IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER.
ONE@WORK SPEND IS INTENDED ONLY TO ASSIST YOU IN YOUR
FINANCIAL ORGANIZATION AND DECISION-MAKING. YOUR PERSONAL
FINANCIAL SITUATION IS UNIQUE, AND ANY INFORMATION OBTAINED
THROUGH OR SUGGESTED BY ONE@WORK SPEND IS INTENDED TO ONLY
TO ASSIST YOU IN YOUR FINANCIAL ORGANIAZATION, IS BROAD IN SCOPE,
AND MAY NOT BE APPROPRIATE FOR YOUR SITUATION. IF YOUR
EMPLOYER PROVIDES THE REQUIRED DATA TO US, ONE@WORK SPEND
FEATURES ALLOW YOU TO REVIEW THE HOURS YOU HAVE WORKED,
ANALYZE YOUR AVAILABLE BUDGET, AND OBTAIN A HOLISTIC
PERSPECTIVE OF YOUR FINANCES. ACCORDINGLY, BEFORE MAKING ANY
FINAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, YOU
SHOULD CONSIDER OBTAINING ADDITIONAL INFORMATION AND ADVICE
FROM YOUR ACCOUNTANT OR OTHER FINANCIAL ADVISERS WHO ARE
FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. SOME ONE@WORK
SERVICES RELY UPON DATA FURNISHED BY YOUR PERSONAL FINANCIAL
INSTITUTION THAT MAY NOT REFLECT ALL ACCOUNT TRANSACTIONS. IT IS
YOUR RESPONSIBILITY TO ENSURE THAT ONE@WORK SERVICES
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REFLECTS ALL OF YOUR RECENT PURCHASES INCLUDING PENDING
CHARGES TO BE POSTED.
10.LIMITATION OF LIABILITY
THE ONE PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY
CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER
WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS,
ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE
SERVICES, THE ONE MATERIALS, OR ANY CONTENT OR OTHER MATERIALS
ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, EVEN IF ONE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ONE
PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF
INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE SITE OR
THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS,
DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT,
REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR
ACCESS TO, OR USE OF, THE SITE OR THE SERVICES. IN NO EVENT WILL
THE ONE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
OR CAUSES OF ACTION EXCEED $1,000 (ONE THOUSAND UNITED STATES
DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE
SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
11. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold
harmless the ONE Parties from and against any and all claims, losses, expenses,
demands, or liabilities, including reasonable attorneys’ fees arising out of or relating
to:
(i) your access to, use of, or alleged use of the ONE@Work App or the
Services;
(ii) your violation of this Agreement or any representation, warranty, or
agreements referenced herein, or any applicable law or regulation;
(iii) your violation of any third party right, including without limitation any
intellectual property right, publicity, confidentiality, property, or privacy
right; or
(iv) any disputes or issues between you and any third party.
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We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you, and in such case, you agree
to cooperate with our defense of such claim. You shall cooperate as fully as
reasonably required in the defense of any such claim. You agree not to settle any
matter without the prior written consent of ONE.
12.JURY TRIAL WAIVER
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 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 PARTNER
BANK. 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.
13.ARBITRATION PROVISION AND CLASS ACTION WAIVER
A. Arbitration Provision
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 or financial institution 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 your Account or this Agreement or the relationships between you and
ONE 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 your Account 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,
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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
application for an Account, including, but not limited to, any dispute or claim
arising before the date you opened an Account or accepted this Agreement.
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, the ONE Terms of Service 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, as well as completing the procedures set forth
in paragraph 15.i. 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
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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 your Account, this Agreement, the ONE Terms of Service 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.
Courts also can decide any disputes or controversies about the validity,
enforceability, coverage or scope of Section 15(J) and its requirements.
B. 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.
C. Survival of Arbitration Provision and Class Action Waiver
If any portion of the Arbitration Provision is inconsistent with the Consumer
Rules, with this Agreement, or with the ONE Terms of Service or any other
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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 the ONE Terms of Service and this
Agreement 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:
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.
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.
D. 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;
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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.
E. Right to Opt Out
If you do not want this Arbitration Provision and Class Action Waiver to apply, you
must contact us through the methods set forth in Section 16 within 30 calendar
days of the date on which you electronically sign this Agreement to open your
Account. 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 this Agreement, the ONE 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 this Agreement, the ONE Terms and any other agreement
governing a product or service provided by ONE or with a Transaction Party.
14. LICENSING, CONTACTING DEPARTMENT OF FINANCIAL
PROTECTION AND INNOVATION
ONE FINANCE, INC. IS LICENSED BY THE CALIFORNIA
DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION
(“DFPI”). NOTWITHSTANDING THIS LICENSE, THE ONE@WORK
SERVICES ARE NOT APPROVED OR ENDORSED BY THE DFPI. YOU
ARE INVITED TO SHARE ANY COMMENTS OR CONCERNS ABOUT
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ONE FINANCE, INC. OR ITS PRODUCTS AND SERVICES WITH THE
DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION AT
(866) 275-2677 (TOLL-FREE) OR AT THE FOLLOWING URL:
HTTPS://DFPI.CA.GOV/FILE-A-COMPLAINT/.
15.GENERAL ACCOUNT TERMS
A. General Provisions
This Agreement is the entire understanding and agreement between you and
ONE. This Agreement supersedes any previous Terms of Service agreement,
User Agreement, Terms and Conditions agreement, or other agreement to which
you and ONE may have been bound. This Agreement will be binding on, inure to
the benefit of, and be enforceable against the parties and their respective
successors and assigns. Neither the course of conduct between parties nor trade
practice shall act to modify any provision of the Agreement. You may not assign
or transfer this Agreement or your rights hereunder, in whole or in part, by
operation of law or otherwise, without our prior written consent. We may assign
this Agreement or any of our rights or obligations under this Agreement at any
time without notice. We have the right to assign any of our rights hereunder
relating to an Instapay, including any expectations of payment with respect to an
Instapay or any rights to recoup (electronically or otherwise) funds payable in
connection with an Instapay, to any of our affiliates or a third-party, unless
inconsistent with Section 4. All rights not expressly granted herein are hereby
reserved. Headings are for reference purposes only and in no way define, limit,
construe, or describe the scope or extent of such section.
B. Amendments
We may at any time change or delete any term of this Agreement or add any new
terms to the Agreement. When required by law, we will give you notice before
the effective date of any such change, deletion, or addition that is adverse to you
in writing or by any other method permitted by law. If you are unwilling to agree to
such amendments, you have the right to discontinue using the ONE@Work
Services prior to the changes taking effect. Your continued use of the Services or
the ONE@Work App after the effective date of the change constitutes your
agreement to the amended Agreement. You can also access the most recent
version of this Agreement in the ONE@Work App.
ONE may terminate, suspend, change, or restrict access to all or any part of the
App or the Services without notice or liability.
C. Governing Law and Venue
Except for Section 13 which is governed by the Federal Arbitration Act, this
Agreement and all Claims are governed by the laws of the State of Delaware,
without regard to conflict-of-law rules.
D. Assignment
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To the extent permitted by applicable law, we may assign this Agreement without
obtaining your consent. You may not assign or transfer you’re the ONE@Work
Services, your ONE@Work Account, or this Agreement without our prior written
consent.
E. Survival
The following provisions of this Agreement shall survive termination of your use
or access to the App or the Services: the sections concerning:
Disclaimer of Warranties
Limitation of Liability
Indemnification
Dispute Resolution
Waiver,
General Provisions, and
Any other provision that by its terms survives termination of your use or
access to the ONE@Work App or the Services.
F. Severability
Subject if any provision of this Agreement is found to be invalid, unlawful, void, or
unenforceable by either an arbitrator or a court of competent jurisdiction, this
Agreement’s remaining provisions shall be enforced to the fullest extent possible,
and the remaining provisions of the Agreement shall remain in full force and
effect.
G. Waiver
You agree that if ONE does not enforce any of its legal rights or remedies under
this Agreement, or other legal rights or remedies ONE has under applicable laws,
this shall not be construed as a formal waiver of those rights or remedies or any
other rights in any way whatsoever.
H. Interpretation
The headings in this Agreement are for convenience or reference only and do not
govern the interpretation of the Agreement's provisions. Unless it would be
inconsistent to do so, words and phrases used in this Agreement shall be
construed so the singular includes the plural and the plural includes the singular.
I. Notice and Cure
Prior to initiating a lawsuit or arbitration regarding a legal dispute or claim relating
in any way to this Agreement or the Account (as more fully defined in the
Arbitration and Class Action Waiver provision, a Dispute”), the party asserting
the claim (the Claimant”) shall give the other party (the Defending Party”)
written notice of the claim (a Notice of Dispute”).
Any Notice of Dispute to you shall be sent by mail or email to the address for you
maintained in our records. Any Notice of Dispute to us shall be sent by mail to
ONE Finance, Inc., Attn: Notice of Dispute, P.O. Box 513717, Los Angeles, CA
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90051 (or such other address as we subsequently provide you). Any Notice of
Dispute must include: (i) your Account number; and (ii) the Claimant’s name,
mailing and email address, and phone number; and (iii) a description of the
nature and basis of the Dispute and the specific relief sought. The Notice of
Dispute must be personally signed by you if you are the Claimant or by our
representative if we are the Claimant. To safeguard your account, if you are
represented by an attorney, your Notice of Dispute must also include a signed
statement authorizing us to discuss your account and share your confidential
account information with your attorney.
Whoever sends the Notice of Dispute must give the other party 60 days after
receipt of a fully complete Notice of Dispute to investigate the claim. During that
period, either you or we may request an individualized discussion (by phone call
or videoconference) regarding settlement (“Informal Settlement Conference”).
You and we must work together in good faith to select a mutually agreeable time
for the Informal Settlement Conference (which can be after the 60-day period).
You and representative from ONE must personally participate, unless otherwise
agreed in writing. Your and our lawyers (if any) also can participate.
Any applicable statute of limitations or contractual limitations period will be tolled
for the claims and request relief in the Notice of Dispute during the Informal
Resolution Period,” which is the period between the date a complete Notice of
Dispute is received and the later of (i) 60 days later or (ii) the date the Informal
Settlement Conference is completed, if timely requested.
A lawsuit or arbitration asserting a Dispute cannot be commenced until after the
Informal Resolution Period has ended for that Claim. Section 13 has additional
requirements for commencing certain coordinated arbitrations. The requirements
of this Section are essential so that you and we have a meaningful opportunity to
resolve disputes informally. If any aspect of these requirements has not been
met, a court can enjoin the filing or prosecution of an arbitration or lawsuit. In
addition, unless prohibited by applicable law, the arbitration provider may not
accept or administer the arbitration, nor assess fees for such an arbitration.
J. Entire Agreement
This Agreement as well as the documents incorporated by reference herein
constitute the entire and sole agreement between you and us with respect to the
Account and supersedes all prior understandings, arrangements, or agreements,
whether written or oral, regarding the Account, provided however that to the
extent a customer obtains other products or services offered by us, such as a
previously obtained a Credit Line, those products or services may have additional
agreements that govern the terms of such product.
K. Business Days
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For purposes of these disclosures, ONE’s business days are Mondays through
Fridays, excluding holidays.
16.CONTACTING US
If you have questions regarding the Agreement or the practices of ONE, please
contact us by e-mail at [email protected] or by regular mail at ONE Finance,
Inc., P.O. Box 513717, Los Angeles, CA 90051, Attention: Legal & Compliance.
17.STATE-SPECIFIC DISCLOSURES
Certain state-specific requirements may apply to your loan based on your residency
as reflected in your address that you provided to us:
For Missouri customers:
The Missouri Division of Finance has jurisdiction over earned wage access services
performed by ONE. Customers can submit complaints about ONE’s earned wage
access services to the Missouri Division of Finance at
https://finance.mo.gov/consumers/ or by calling (573) 751-3242.
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