Please read this agreement carefully. It sets forth the legally binding terms and conditions for your participation in the OneMain rewards program.
The OneMain and OneMain Financial family of companies (“OneMain”) offers OneMain Rewards (this “ Program ”), which is a rewards platform where eligible OneMain customers have an opportunity to accumulate Points (defined below) by participating in offered activities, subject to the terms and conditions set forth in this Terms of Service (these “Terms”). This Rewards Program is operated and administered on behalf of OneMain by a service provider, CrowdTwist, Inc. (“CrowdTwist”). As used in these Terms, the terms “we,” “us,” and “our” shall be deemed to collectively refer to both OneMain and CrowdTwist.
By accessing or participating in the Program, you accept and agree to be legally bound by these Terms, whether or not you sign-up as a Member (defined below) of the Program. If you wish to become a Member and participate in the Program, please read these Terms and indicate your acceptance to these Terms by following the instructions in the Program sign-up process. It is important that you review these Terms regularly. We may impose limits on certain features, activities, promotions or services and may restrict, suspend, terminate your access to the Program, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.
Each time you access and/or use the Program, you agree to be bound by and comply with these Terms and any Additional Terms (defined below). If you do not agree to these Terms, please do not participate in the Program. The business realities associated with operating the Program are such that, without the limitations that are set forth in these Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Program available to you.
Linkable Table of Contents
- Program Sign-Up
- Earning Points
- Member-Required Disclosures and Representations and Warranties
- Timing and Termination
- Content, Ownership, Limited License and Rights of Others
- Terms Applicable to User Content
- Member Disputes
- Code of Conduct
- Program and Content Use Restrictions
- OneMain Perks; Linked Sites; Advertisements; Dealings with Third Parties
- Designated Agent for Copyright Infringement Notification
- Procedure for Alleging Infringement of Other Intellectual Property
- Limitation on Liability
- Our Rights
- Dispute Resolution
- Waiver of Injunctive or Other Equitable Relief
- Update to Terms
- Communications, Notices and Customer Service
- General Provisions
1. Eligibility. To participate in the Program, you must be at the time of Program enrollment: (i) at least eighteen (18) years of age; (ii) a legal resident and physically located in one (1) of the following states in the United States (“ Participating States ”): Alabama, Arkansas, Arizona, California, Colorado, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia or Wyoming; and (iii) a OneMain customer in Good Standing. To be a customer in “ Good Standing ” means you are a OneMain customer: (a) who is not the subject of a bankruptcy petition or subject to the protection of an automatic stay or a discharge injunction in bankruptcy; (b) whose OneMainloan account is not more than eighty-nine (89) days delinquent and is not charged off; and (c) whose OneMain loan account has not been the subject of a collateral repossession, foreclosure, or other litigation. Once enrolled in the Program, you must remain a customer in Good Standing to continue to be eligible to participate in the Program.
If, during your participation in the Program, you move your residence to Alaska, Connecticut, Georgia, Kentucky, Ohio, or Wisconsin, then your participation in the Program will be frozen on the date of your move for a period of thirty (30) days and during such thirty (30) day period, you will no longer be eligible to earn Points but will have that thirty (30) day period to redeem your accumulated Points and after that thirty (30) day period expires, your participation in the Program automatically terminates and you will have no further right to participate in the Program or redeem your accumulated Points.
The Program is only offered to residents of Participating States. By way of example, but not by way of limitation, it is not offered to residents of the District of Columbia, states other than Participating States or, U.S. territories, or to non-U.S. residents, or where prohibited by law. If you are not eligible to participate, you are prohibited from participating in the Program (unless you obtain our prior written permission to participate). In order to access and use the Program, Members must have a Device (defined below) that is capable of accessing the Internet.
2. Program Sign-Up. To become a Program Member, eligible individuals may sign-up for this Program by clicking on the links and following the instructions in the online loan account management tool (referred to herein as “ Online Account ”). Enrolled persons will also have an account related to the Program (referred to herein as the “ Member Account ”) that is accessible through your Online Account. Individuals who sign-up for the Program and receive a Member Account are referred to in these Terms as, “ Members .” Participation in the Program constitutes Member’s full and unconditional agreement to these Terms and OneMain’s and CrowdTwist’s decisions, which are final and binding in all matters related to the Program. In order to earn Points or otherwise participate in certain Qualifying Activities (defined below) offered as part of the Program, Members may be required to provide access to their accounts at social networking sites (such as, for example, Twitter, Facebook, FourSquare and Instagram) and/or provide their mobile telephone number.
In connection with your Online Account and the Member Account, you agree that: (i) You will provide true, accurate, current, and complete information about yourself in connection with the sign-up process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) You are solely responsible for all activities that occur under your Online Account and Member Account – whether or not you authorized the activity; (iii) You are solely responsible for maintaining the confidentiality of your Online Account password and for restricting access to your Device so that others may not access the Program or your Member Account using your name, username, or password; (iv) You will immediately notify us of any unauthorized use of your Online Account, Member Account, password, or username, or any other breach of security by calling us at the following phone number: (800) 325-2146; and (v) You will not sell, transfer, or assign your Online Account or Member Account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your participation in the Program. We also reserve the more general and broad right to terminate your Online Account or Member Account or suspend or otherwise deny you access to either of them or their benefits – all in our sole discretion, for any reason, and without advance notice or liability.
3. Earning Points. The Program offers Members the ability to accumulate and redeem loyalty rewards points (“ Points ”), on an individual basis and solely for Member’s own Member Account. The Program is structured to offer certain benefits based on the Member’s current balance of “redeemable” Points (that is, Points that have not previously been redeemed) or “lifetime” Points (that is, all prior Points accumulated by Member, whether previously redeemed or not). From time to time, we may establish, at our sole discretion, activities pursuant to which Members may “earn” Points (“ Qualifying Activities ”). Examples of “Qualifying Activities” include, but are not limited to, joining the Program, sharing User Content (defined below) at the Program, visiting or watching a video, or engaging in certain specified activities related to social networks. Qualifying Activities may be added, discontinued or be made available again, at any time, and from time to time. Points may expire (and become non-redeemable) upon discontinuation of the Program. In such event, notice of termination and expiration of Points will be posted on the Program. Additionally, if you fail to log-in to your Member Account for any consecutive six (6) month period, your Points will automatically expire. Please note that we reserve the right to institute additional expiration dates for Points, as determined in our sole discretion. Actions (even if they are considered Qualifying Activities) taken prior to Program sign-up are not eligible to earn Points, except to the extent expressly indicated, if any. Points can be tracked in your Member Account, which can be accessed through your Online Account. Points are always subject to verification and eligibility determined by us, in our sole and absolute discretion.
We reserve the right, in our sole discretion, at any time during the duration of this Program, all as set forth in these Terms, to: (i) change the number of Points awarded, or to award no Points, for any particular Qualifying Activity, (ii) offer additional or new Qualifying Activities for a limited time or permanently, (iii) delete any or all means to earn Points, (iv) limit the number of times or frequency a Member may earn Points for engaging in a Qualifying Activity or engaging in the activity during a specific time period, and (v) offer Points earning opportunities to select groups of Members. Also, OneMain may offer Points for engaging in a Qualifying Activity under one set of rules for one promotion, and may opt not to offer Points for engaging in that same activity under a subsequent promotion. Once a Qualifying Activity has been successfully completed and verified, the corresponding number of Points will appear in your Member Account. For some Qualifying Activities, if you reverse your performance of such activity, the Points awarded to you for such activity may be removed from your redeemable total.
Each Member will be responsible for ensuring the accuracy of his/her Program Point totals. If a Member believes his/her Program Point total is not accurate, or that Points earned were not credited, please call us at the following phone number: (800) 325-2146 within six (6) days of the end of the applicable activity. Points subsequently determined, in the sole discretion of OneMain, to be invalid, will be removed from a Member’s Point accumulation total.
Any Points you earn by completing a Qualifying Activity are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the earning of rewards. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Points, which remain OneMain property at all times. Points have no “real world” value and are not redeemable for cash, transferable or assignable for any reason or otherwise by operation of law. Points have no purpose or use except in exchange for rewards (if any) offered via the Program. Accordingly, you may not purchase, sell, barter, or trade any Points, or offer to purchase, sell, or trade any Points or other virtual items. Any attempt to combine or transfer Points will result in disqualification from the Program and forfeiture of all Points in the Member Account. Points will not be valid unless earned in strict compliance with the requirements as established and intended by us, and Member shall not attempt to earn Points by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. OneMain reserves the right to take any other or additional action it deems appropriate, in its sole discretion, in the event that OneMain believes, in its sole discretion, that a Member (or Members) have violated these Terms. You agree to abide by OneMain’s final and binding decisions regarding the Program and your participation in it.
4. Member-Required Disclosures and Representations and Warranties. In connection with certain Qualifying Activities, from time to time, Members will receive access to OneMain content that is made available by us through the Program (“ Official Content ”), and, depending on your selected settings on Site Accounts, will include a request for permission to post that Official Content on Member’s behalf at various third party social sharing sites, such as facebook.com, twitter.com, instagram.com, or other sites or services we make available from time to time during the Program (the “ Approved Sites ”), which Approved Site accounts are registered by Member with the Program (“ Site Accounts ”). Each Member who submits or shares Official Content or User Content (defined below) on an Approved Site in connection with this Program is required by these Terms and by law to disclose anything of value that is received by the Member from OneMain or CrowdTwist as encouragement for the Member’s sharing of such content.
You acknowledge and agree that if any such disclosures are included by OneMain within any messaging that you share from the Program, you will not edit, alter or otherwise remove these disclosures from the message. You acknowledge that any failure to abide by the requirements set forth in the previous sentence may result in the termination of your Member Account and forfeiture of all your Points. Additionally, if you choose to share Member Content or otherwise disclose your participation in the Program on your own or if the share functionality does not auto-generate the required disclosures, you agree to include the following statements as part of any message that mentions or otherwise references the Program, the User Content, the Official Content, or OneMain: (i) solely, for Tweets® on the Twitter® platform, you agree to include the hashtags “#ad” and/or “#sponsored”; and (ii) in any other message posted on any other social media platform, site or blog, you agree to include the following statement directly below the message: “In exchange for sharing content about OneMain, I may earn points or entries into promotions as part of OneMain Rewards.” Sometimes, the OneMain content to be shared may already make clear that you are sharing it as part of the Rewards program, in which case you won’t need to make those disclosures yourself. Each social media sharing activity available in Rewards will instruct you whether or not you need to disclose your connection to the Rewards program and if so, how you should make such disclosures. Members agree and represent and warrant to the following statements:
- I will not post any information or content or conduct any activity that may violate, or which encourages the violation of, applicable local, state or federal laws or regulations and will promptly remove any such content upon request by OneMain or CrowdTwist.
- I will not post any information or content that may infringe any intellectual property or other right of any third party and will promptly remove any such third party content upon request by OneMain or CrowdTwist.
- I have read and will fully comply with the Federal Trade Commission’s (“ FTC’s ”) Endorsement and Testimonial Guides (“ Guides ”) (https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf) when talking or writing about OneMain. Further, and without limitation, I:
I will follow the guidance at https://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking.
- Will clearly and conspicuously disclose that I have received compensation and product and/or other incentive items from OneMain (as applicable) proximate to any mention by me of OneMain;
- Will not make any false, misleading or deceptive statement about OneMain’s products or services;
- Ensure that all my statements accurately reflect only my honest, current opinions and beliefs based on my personal experience;
- Will not purport to speak on behalf of OneMain; and
- Maintain my social media activities related to this Program in a manner appropriate for a family audience and will not be rude or abusive.
- I will strictly comply with all applicable Approved Site terms of service, membership agreements, privacy policies, and other similar applicable governing documents of any third-party sites, services or venues that I use in performing Program activities, including, without limitation, Twitter’s Terms of Service and Facebook’s Statement of Rights and Responsibilities.
- Rewards Generally. Once earned, Points will be deposited into your Member Account profile and can be used to acquire rewards such as merchandise, offers and other items of value from the Rewards section of the Program, while supplies last. From time to time, we may offer rewards for all Members who have achieved certain Point thresholds or engaged in certain Qualifying Activities, as described at the Program. The Rewards section of the Program will list the corresponding Point value required to redeem each item. Members must comply with individual item restrictions where indicated on the Rewards section of the Program. We may periodically modify the list of merchandise and other items available for Point redemption as well as the Points needed to receive a reward throughout the Program Period (defined below). All redemptions are subject to these Terms and all limitations or requirements on the Program. Qualifying Activities are likely to be available on a time-limited basis and, when they expire, may no longer be available.
- Redemption of Points. To spend/redeem your Points, navigate through the items listed on the Rewards section of the Program. You can choose any item still available for which you have accumulated sufficient Points for redemption. Click the image corresponding to the item you wish to redeem and follow the links and instructions to complete the redemption process. As part of the redemption process, you will receive a confirmation email. Emails will be sent to the email address associated with the Member’s Online Account. The total number of Points a Member can use to redeem an item at any given time is the total number of Points available in their Member Account at the time of redemption. Once a Member has ordered an item from the Rewards section of the Program, the order is final and the appropriate number of Points will be deducted immediately from their Member Account.
- Provide Accurate Information. Each Member is responsible for ensuring the mailing address, email address, phone number, and any other contact information associated with his/her Online Account is accurate and up to date. We are not responsible for non-receipt of an item shipped to the mailing address associated with a Member’s Online Account. Changes to Online Accounts, Member Accounts, or the information in them should only be made by the Member to whom such accounts belong.
- Points Redemptions are Final. All Points redemptions for items are final. Points will not be refunded or placed back in a Member’s quantity of redeemable Points for any reason after an order has been placed and merchandise may not be returned for any reason.
- Rewards with Limited Availability. Some items available in the Rewards section of the Program may be available in limited quantities, or for a limited time, and will be noted as such. Once the total available number of any such item have been claimed, or once the limited time to redeem such an item has expired, that item will be removed from the Rewards section of the Program. If there is a particular reward offered that you would like to receive, you should redeem your Points for that reward as soon as possible (once you have enough Points) because supplies or redemption time may be limited and the Program may be discontinued at any time in our sole discretion. Many rewards are awarded on a first-come, first-served and while-supplies-last basis. If you redeem your Points for a reward and we determine that the reward was unavailable, out of stock or for whatever reason cannot be provided to you, we will “refund” the Points that you exchanged for the reward.
- Forfeiture of Points. Any Points remaining in a Member Account days after the Program End Date (defined below) will be forfeited without compensation. The Points have no cash value and are only redeemable for items offered via the Program.
- Points Conversion. From time to time we may make items available in the Rewards section of the Program that will allow you to convert your accrued Points into rewards such as gift cards or similar items based on a pre-determined conversion ratio set by us. You understand and agree that we may set the Points conversion ratio for any such rewards in our sole and absolute discretion and we may change such conversion ratio at any time throughout the Program Period. The conversion ratio for Points into rewards may vary among retailers or rewards providers and all details regarding the specific conversion ratio applicable to a reward will be provided in the Rewards section of the Program. We also reserve the right to charge you an administrative fee such as a processing or handling fee when converting your Points to a form of gift card (or similar reward item) and you agree to pay any such amounts if requested by us at the time of Points redemption.
- Rewards Sweepstakes. From time to time, as part of the Program activities, OneMain may elect to conduct sweepstakes, some of which may be open for entry only to Members and others of which may be open to the general public (each a “ Sweepstakes ”). All Sweepstakes are subject to all rules, terms and conditions of the Sweepstakes, and described in the Official Rules that accompanies the Sweepstakes. Methods of entry into the various Sweepstakes will be detailed in the Official Rules.
- Release and Taxes. Members agree to sign an affidavit, release of liability, publicity release or similar agreement if requested by us prior to receiving your reward. Members are responsible for all applicable taxes, including income tax liability, associated with any item acquired under the Program. OneMain or CrowdTwist will issue an IRS Form 1099 to Members obtaining any item(s) with a combined total value equal to $600 or more in any single calendar year. Members obtaining any item(s) with a combined total value equal to $600 or more in any single calendar year will be required to provide his/her Social Security Number within the timeframe specified for tax reporting purposes prior to the shipment of the item(s). An IRS Form 1099-MISC will be issued to him/her for the total value of all items awarded for the tax year in which the item(s) are awarded.
- Other Terms Applicable to Rewards. Rewards, other than those which are digital in nature (which include any products or services that a Member can redeem Points for) are provided "as is" with no warranty or guarantee, either express or implied by us. Points are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. You cannot transfer Points nor have rewards sent to any third party. Points may not be redeemed with us for money or exchanged with any third party for money. The only way to use Points is to redeem them for Program rewards to be sent to yourself. Products made available as rewards may be refurbished products. Some rewards may have age eligibility requirements. We reserve the right to verify your eligibility qualifications prior to fulfilling a reward.
- Delivery of Rewards. Many rewards available through the Program will be fulfilled electronically, such as by digital gift card. Rewards which are electronic or digital in nature will be sent to the email address that you provided when you created, or last updated, your Online Account. Tangible rewards items will be mailed to your U.S. postal address that you provided when you created, or last updated, your Online Account. No rewards will be shipped to P.O. Boxes, APO (Army Post Office) or FPO (Fleet Post Office) addresses, or destinations outside the Participating States. Rewards shipped via postal mail will be shipped within approximately eight (8) to twelve (12) weeks from the date your order is processed, unless the Program states a different schedule or the particular reward you ordered is limited in quantity, backordered, or out of stock. We are not liable for any damages to, losses of or delays in any shipments. Rewards that are undeliverable for whatever reason (including because your Program information is incorrect) will not be re-sent and are forfeited, and the Points will not be refunded. The method used to transmit rewards to Members will be chosen by OneMain and will not be subject to variance at Member’s request.
6. Timing and Termination. The " Program Period " will begin on May 6, 2015 and will end on a date to be determined in OneMain’s sole and absolute discretion, which date shall be posted on the Program or sent to you via email (the " Program End Date "). OneMain makes no guarantee or representation as to the length of time during which the Program will be offered, and the Program could end at any time. OneMain reserves the right to cancel, modify, restrict, suspend or terminate this Program or any aspect or feature of the Program, including Points, and/or extend or shorten the current Program Period at any time without notice. After the Program End Date, Members will no longer be permitted to earn or redeem Points, all Points will expire and the Program will no longer be available, and no further liability will be owed by us to any Member.
These Terms will remain in full force and effect while you use the Program and/or are a Member. We may suspend or terminate your membership for any reason, at any time, including if you fail to remain a customer in Good Standing. If we suspend or terminate you because you have breached these Terms (including if you are no longer in Good Standing), you may either be terminated from the Program or otherwise be restricted by us from redeeming Points or earning more Points until such time (if ever) when we reinstate your membership (at our discretion). In the event that you are terminated as a Member, we may elect to immediately void all of your accumulated Points and, in such instance, you shall not be entitled to redeem Points for any items. Even after your participation is terminated, these Terms will remain in effect. We reserve the right, at our sole discretion, to pursue all of our legal remedies, including, but not limited to, deletion of your Online Account, Member Account, and submitted User Content, from the Program upon any breach by you of these Terms.
If you wish to discontinue your participation in this Program, please contact us at (800) 325-2146.
7. Content, Ownership, Limited License and Rights of Others.
- Content. The Program contains a variety of: (i) materials and other items relating to OneMain and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Program, and the compilation, assembly, and arrangement of the materials of the Program and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of OneMain and CrowdTwist (collectively, " Trademarks "); and (iii) other forms of intellectual property (all of the foregoing, collectively " Content ").
- Ownership. The Program (including past, present, and future versions) and the Content are owned or controlled by OneMain, CrowdTwist and/or our licensors and certain other third parties. All Content included on the Program is used with the permission of OneMain, such as text, graphics, logos, icons, images, and audio clips. All right, title and interest in and to the Content available on the Program is the property of OneMain or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
- Limited License. Subject to your strict compliance with these Terms and any Additional Terms, OneMain grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a " Device ") for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Program explicitly for you for use as part of or to be incorporated into your User Content (" OneMain Licensed Elements "), but only for such purposes as may be explicitly stated at the time that the OneMain Licensed Elements are made available on the Program; but we and our licensors and certain other third parties, as the case may be, retain ownership of such OneMain Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Sprinlgeaf’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or OneMain Licensed Elements, subject to certain Additional Terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Program for public or commercial purposes, including the text, images, audio, and video without OneMain’s written permission.
- Rights of Others. When using the Program, you must respect the intellectual property and other rights of OneMain and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. OneMain respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Program, then please see Section 13 and Section 14 below.
8. Terms Applicable To User Content.
- User-Generated Content.
- General. OneMain may now or in the future offer Members the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Program messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding OneMain Licensed Elements included therein, “User Content”). OneMain may allow you to do this through forums, blogs, message boards, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content.
In your communications with OneMain, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for vehicles, music, web sites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “ Unsolicited Ideas and Materials ”). Any Unsolicited Ideas and Materials you post on or send to us via the Program are deemed User Content and licensed to us as set forth below. In addition, OneMain retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. OneMain’s receipt of your Unsolicited Ideas and Materials is not an admission by OneMain of their novelty, priority, or originality, and it does not impair OneMain’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
- License to OneMain of Your User Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User Content, you hereby grant to OneMain, and you agree to grant to OneMain, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to OneMain to your User Content, you also hereby grant to OneMain, and agree to grant to OneMain, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 8(A)(iii).
- OneMain’s Exclusive Right to Manage our Venue. OneMain may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and OneMain may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party in connection with our operation of User Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including without limitation, the content restrictions set forth in the Code of Conduct. Such User Content submitted by you or others need not be maintained on the Program by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content in connection with the Program or elsewhere.
- Representations and Warranties Related to Your User Content. Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant OneMain the rights to it that you are granting by these Terms and any Additional Terms, all without any OneMain obligation to obtain consent of any third party and without creating any obligation or liability of OneMain; (b) the User Content is accurate; (c) the User Content does not and, as to OneMain’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms (including the Code of Conduct) or any Additional Terms, or cause injury or harm to any person.
- Enforcement. OneMain has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at OneMain’s cost and expense, to which you hereby consent and irrevocably appoint OneMain as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
9. Member Disputes. You are solely responsible for your interactions with other Members, whether online or offline. We are not responsible or liable for the conduct or content of any Member. OneMain reserves the right, but have no obligation, to monitor or become involved in disputes between you and other Members. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
10. Code of Conduct. You understand and agree that OneMain may review and delete any User Content that in the sole judgment of OneMain violates these Terms or which might be offensive, inconsistent with what is appropriate in our Program, illegal, or that might violate the rights, harm, or threaten the safety of Members. The following is a list of the kind of User Content that is prohibited on the Program. OneMain reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending User Content from the Program and terminating the membership of such violators. Content that violates the “Code of Conduct” includes, but is not limited to, User Content that:
Even though all of this is strictly prohibited, there is a small chance that Members might become exposed to such items and each Member further waives Member’s right to any damages (from any party) related to such exposure.
- is patently offensive, such as User Content that promotes racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person or any cursing, stalking, insuring comments, personal attacks or gossip;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or flooding;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays obscene, pornographic or sexually explicit material of any kind or is defamatory or slanderous;
- promotes any infringing, illegal, or other similarly inappropriate activity;
- impersonates any other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company;
- solicits personal information from anyone; and
- engages in commercial activities and/or sales without OneMain’s prior written consent, including, but not limited to, contests, sweepstakes, barter, advertising, and pyramid schemes.
Your participation in the Program is subject to these additional rules that are part of our Code of Conduct:
If you submit User Content that we reasonably believe violates this Code of Conduct, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Program. If you discover any content that you feel constitutes an alleged infringement of intellectual property rights, see Section 13 and Section 14 , below. 11. Program and Content Use Restrictions.
- Your User Content. All of your User Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears in the User Content, then you must also have their permission to submit such User Content to OneMain. (For example, if someone has taken a picture of you and your friend, and you submit that photo to OneMain as your User Content, then you must obtain your friend’s and the photographer’s permission to do so.)
- Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Program, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
- Don’t Damage the Site or Anyone’s Computers or Other Devices. Your User Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Program or any computer or other Device.
- Others Can See. We hope that you will use the Program to exchange information and content and have venue appropriate discussions with other members. However, please remember that the site pages of the Program may be public or semi-public and User Content that you submit in connection with the Program may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on public or semi-public spaces and take care when disclosing this type of information to others.
- Don’t Share Other Peoples’ Personal Information. Your User Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by OneMain.
- Program Use Restrictions. You agree that you will not: (i) use the Program for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) transmit any chain letters or junk email to other Members; (iii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iv) engage in any activities through or in connection with the Program that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to OneMain; (v) reverse engineer, decompile, disassemble, reverse assemble, or modify any site source or object code or any software or other products, services, or processes accessible through any portion of the Program; (vi) engage in any activity that interferes with a user’s access to the Program or the proper operation of the Program, or otherwise causes harm to the Program, OneMain, or other Members of the Program; (vii) interfere with or circumvent any security feature of the Program or any feature that restricts or enforces limitations on use of or access to the Program, the Content, or the User Content; or (viii) otherwise violate these Terms or any Additional Terms.
- Content Use Restrictions. You also agree that, in using the Program: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Program by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the OneMain Licensed Elements, if applicable); (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party application or websites, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of OneMain or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
- Availability of Program and Content. OneMain may immediately suspend or terminate the availability of the Program and Content (and any elements and features of them) in whole or in part for any reason, in OneMain’s sole discretion, and without advance notice or liability.
- Reservation of All Rights Not Granted as to Content and Program. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Program. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by OneMain and its licensors and other third parties. Any unauthorized use of any Content or the Program for any purpose is prohibited.
12. OneMain Perks; Linked Sites; Advertisements; Dealings with Third Parties.
- OneMain Perks. One feature integrated into the Program is OneMain Rewards Perks (“ Perks ”). Perks is currently operated by a third party, Next Jump, Inc. (“ Next Jump ”). Please be aware that when you enter Perks, you are leaving the Program and the OneMain website and are visiting a website that is owned and operated by Next Jump. When you participate in or visit the Perks site, Next Jump may collect information and other data from you, and it has its own policies and practices that apply to the Perks site. Next Jump has its own terms of service, if you choose to participate in Perks, and Next Jump may ask you to agree to the same. We are not responsible for the Next Jump policies or the practices of Next Jump. Be sure to review any available terms before otherwise interacting with Next Jump and exercise caution in connection with your use of the Perks site.
- Linked Sites; Advertisements. In addition to Perks, the Program may also contain other links to sites that are controlled by third parties (“ Linked Sites ”). Those Linked Sites are not controlled by OneMain, and Members acknowledge that OneMain is not responsible for the content of any such Linked Site or any link contained in a Linked Site. OneMain provides such links only as a convenience, and the inclusion of any link does not imply endorsement by OneMain of any Linked Site. OneMain does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, OneMain is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Sites. Finally, OneMain will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. OneMain disclaims all liability in connection therewith.
- Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Program (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). OneMain disclaims all liability in connection therewith.
13. Designated Agent for Copyright Infringement Notification.
- DMCA Notice. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“ DMCA ”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your copyright in a work has been violated in the Program, please notify our designated DMCA agent immediately at: DMCA@onemainfinancial.com, or by fax at: 812-468-5396; or by mail at OneMain General Services Corporation, 601 NW 2nd Street, Evansville, IN 47708 (Attn: DMCA Agent). DMCA Notices must be in writing and must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- The URL of the site and a description of where the material that you claim is infringing is located on that site that is reasonably sufficient to permit us to locate the material;
- Your full name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.
It is often difficult to determine if your copyright has been infringed. We may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting our other rights, we may, in appropriate circumstances, terminate a repeat infringer’s access to the Program.
- Counter-Notification. If access on the Program to a work that you submitted to us is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
- a legend or subject line that says: “DMCA Counter-Notification”;
- a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL from which the material was removed or access to it disabled);
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your full name, address, telephone number, e-mail address, and the username of your account;
- a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of Indiana), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
- your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed of disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Program. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
14. Procedure for Alleging Infringement of Other Intellectual Property. If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Program, then you may send us a written notice to the addresses set forth in Section 13 above that includes all of the following:
We will act on such notices in our sole discretion. Any user of the Program that fails to respond satisfactorily to us with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
- a legend or subject line that says: “Intellectual Property Infringement Notice”;
- a description of the intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Program on which the material appears);
- your full name, address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
- your electronic or physical signature.
15. Disclaimers. YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK.
THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, OneMain, CrowdTwist, their parent companies and each of their respective subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “ Program Parties ”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
- the Program (including the Content and the User Content);
- the functions, features, or any other elements on, or made accessible through, the Program;
- any products, services, or instructions offered or referenced at or linked through the Program;
- security associated with the transmission of your User Content transmitted to OneMain or via the Program;
- whether the Program or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
- whether the information (including any instructions) on the Program is accurate, complete, correct, adequate, useful, timely, or reliable;
- whether any defects to or errors on the Program will be repaired or corrected;
- whether your access to the Program will be uninterrupted;
- whether the Program will be available at any particular time or location; and
- whether your use of the Program is lawful in any particular jurisdiction.
except for any specific warranties provided herein or in additional terms provided by a program party, program parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
16. Limitation on Liability. UNDER NO CIRCUMSTANCES WILL ANY PROGRAM PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the Program (including the Content and the User Content);
- your use of or inability to use the Program, or the performance of the Service;
- any action taken in connection with an investigation by Program Parties or law enforcement authorities regarding your access to or use of the Program;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Program’s technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Program Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Program).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
except as may be provided in any additional terms, to the fullest extent permitted by applicable law, in no event will program parties’ total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the service and your rights under these terms, exceed an amount equal to the amount you have paid OneMain in connection with the transaction(s) that underlie the claim(s); provided, however, this provision will not apply if a tribunal with applicable jurisdiction finds such to be unconscionable. for purposes of clarity, the prior sentence does not expand or limit any express, written product warranty that is provided by OneMain or a manufacturer of a physical product.
17. Our Rights. OneMain reserves the right to modify, suspend, cancel or discontinue the Program, in whole or in part, for any reason, at its sole discretion, with or without notice to Members. OneMain may, among other things, withdraw, limit, modify, suspend or cancel any item and/or modify or regulate the Points, items or benefits you may have accrued. Each Member agrees that OneMain will not be liable to the Member or any third party for any modification or discontinuance of the Program. OneMain reserves the right to interpret and apply the policies and procedures communicated in these Terms. All determinations by OneMain, including determinations of eligibility, and proper authorization of Point and item redemption, shall be final and conclusive in each case. OneMain reserves the right to terminate any Member’s participation in the Program, to deny award of any item and/or terminate service if, in OneMain’s sole judgment, such Member has in any way violated these Terms.
18. Fraud Fraud or abuse relating to the registration process, providing of personal information, or redemption of items is a violation of these Terms. Users are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a Member’s password. Members agree to immediately notify OneMain of any unauthorized use of their Online Account or Member Account or any other breach of security known to them. The Program is a service provided to an individual Member, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate for anything other than individual use. OneMain reserves the right to terminate or suspend a Member’s participation in the Program and/or void a Member’s Points if any Member engages in fraudulent activity or otherwise uses this Program other than in accordance with these Terms and applicable law.
any attempt by any member or any other individual or entity to damage any web site or undermine the legitimate operation of the program is a violation of these terms. OneMain reserves the right to investigate any suspicious activity and to seek damages from any such person to the fullest extent permitted by law.
19. Dispute Resolution. Either OneMain, CrowdTwist or Member may choose that any claim or dispute between the parties or any claim, dispute, or controversy involving Member and any other party arising from or relating to these Terms or the Program, including, without limitation, the arbitrability of any claim or dispute and the validity and enforceability of this Mandatory Arbitration Provisions or the entire Terms, shall be resolved by BINDING ARBITRATION. However, neither OneMain, CrowdTwist nor Member may require arbitration of the other’s claims brought in a small claims court lawsuit strictly seeking a monetary recovery of no more than the court’s jurisdictional limit (including attorneys’ fees and costs), provided that no other relief is sought; but, OneMain, CrowdTwist or Member may elect arbitration of any amended claim, counterclaim, cross-claim or third-party claim seeking any relief other than monetary relief up to the jurisdictional limit (including attorneys’ fees and costs). A single arbitrator shall conduct arbitration, under the Federal Rules of Evidence and the American Arbitration Association (“ AAA ”) Consumer Arbitration Rules in effect at the time the claim is filed. To obtain rules and form, contact the AAA at 800.778.7879, www.adr.org/consumer (website), or email@example.com(E-Mail). OneMain agrees to pay any filing fee in excess of $200 and to pay any required deposit. OneMain agrees to pay the initial costs of arbitration up to a maximum of eight (8) hours of hearings. Any participatory hearing will take place in the county where Member lives unless OneMain, CrowdTwist and Member agree to another location. If AAA cannot or will not administer the arbitration, Member agrees to submit the claim to JAMS for proceedings conducted under JAMS’ Comprehensive Arbitration Rules. If both designated arbitration forums cannot or will not administer the arbitration, it remains OneMain’s, CrowdTwist’s and Member’s intent to arbitrate and to have appointed an arbitrator pursuant to 9 USC § 5. Member agrees not to participate in a representative capacity or as a member of any class of claimants pertaining to any claims or disputes covered by these Mandatory Arbitration Provisions. No arbitrator shall be allowed to conduct arbitration on a class-wide basis, and the arbitrator shall not be allowed to consolidate arbitration demands filed by OneMain’s other customers. However, if the previous sentence is found unenforceable, these entire Mandatory Arbitration Provisions shall be void. If any other term is unenforceable in these Mandatory Arbitration Provisions, the remaining terms are severable and enforceable to the fullest extent permitted by law. These Mandatory Arbitration Provisions shall be governed by the Federal Arbitration Act. By participating in the Program, Member agrees to the Mandatory Arbitration Provisions above. MEMBER UNDERSTANDS THAT MEMBER IS VOLUNTARILY WAIVING MEMBER’S RIGHT TO A JURY TRIAL OR JUDGE TRIAL FOR SUCH DISPUTES. These Terms and any Additional Terms will be governed by and construed in accordance with, and dispute will be resolved in accordance with, the laws of the State of Indiana, without regard to its conflicts of law provisions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST US, THEN YOU MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
20. Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF OneMain.
21. Indemnity. In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option) and hold us harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your User Content; (ii) your use of the Program and your activities in connection with the Program; (iii) your breach or anticipatory breach of these Terms or any Additional Terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the website and the Program; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) our use of the information that you submit to us (including your User Content) (all of the foregoing, “ Claims and Losses ”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of OneMain. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
22. Updates to Terms. These Terms (and, as applicable, Additional Terms), in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS. YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE PROGRAM OR VIA EMAIL (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted Terms of Service and any applicable Additional Terms each time you use the Program (at least prior to each transaction or submission). The revised Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the Rewards home page, and the e-mail you associated with your Online Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Program and related services.
23. Communications, Notices & Customer Service. By signing-up for the Program, you agree that: (i) we may give you notices of important matters by prominently posting notice on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses provided in your Online Account. These communications may include marketing communications about the Program as well as other promotional offers unrelated to the Program and you consent to receive these communications from us even if you previously indicated to us that you no longer wanted to receive U.S. mail or email communications from us. Your sign-up to the Program will serve as your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that you receive from us relating to the Program by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if you change your e-mail or mailing address by updating your Online Account.
If you have a question regarding using the Program, you may contact OneMain Customer Support by calling our toll-free number at 1-800-325-2146. You acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind.
24. General Provisions.
- Severability. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
- Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Investigations; Cooperation with Law Enforcement; Termination; Survival. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of its site’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any Additional Terms; and (vi) discontinue the Program, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms or any Additional Terms. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
- Assignment. We may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of OneMain.
- No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
- Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.