Last Modified: December 22, 2023
PLEASE READ FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS OF USE” OR “TERMS”) CAREFULLY BEFORE ACCESSING OR USING OUR ONLINE ACCOUNT APPLICATION AND ACCOUNT PORTALS, OR ANY PRODUCT, SERVICE, DATA OR INFORMATION IN THE INDEXLOANS.COM WEBSITE. THESE TERMS INCLUDE AN ARBITRATION PROVISION WITH CLASS ACTION AND JURY TRIAL WAIVERS.
Thank you for visiting IndexLoans.com, a website operated by Index Loans LLC (“Index”). The following Terms are a legal agreement between you (referred to as "you" or “your”) and Index, its parent, subsidiaries and affiliates (collectively referred to as “our”, “us” or “we”). These Terms set forth the terms and conditions for your use of our website, IndexLoans.com including any subdomain thereof (the “Website”).
By accessing or using our Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you acknowledge that you have read, understood, accept and agree to be bound by these Terms and to comply with all applicable laws and regulations, regardless of whether or not you are a registered user of this Website. These Terms include any terms and conditions referenced and incorporated into these Terms by hyperlink and any other legal notices or terms located on particular pages of the Websites. These Terms form an essential basis of the agreement between you and us.
By accessing or using our Website, you acknowledge the terms and practices set forth in our Privacy Policy, which although incorporated herein by reference is not a contract and does not create any contractual rights or obligations, except to the extent required by law.
ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS. IT IS YOUR RESPONSIBILITY AS THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THESE TERMS BEFORE PROCEEDING TO USE OR ACCESS THIS WEBSITE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS WITHOUT LIMITATION OR EXCLUSIONS, THEN PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR OUR PRODUCTS OR SERVICES, AND YOU MUST EXIT THIS WEBSITE IMMEDIATELY.
The loan products and services we offer through our Website have specific agreements containing terms and conditions. The specific agreements you enter with us with respect to any loan products and services provided through our website will control the respective loan products and services specified in these agreements.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes to these Terms are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both:
To be eligible to access and use our Website products and services, you must at a minimum:
Although you may use parts of our Website without registering, certain functionalities or areas of the Website, including our online application and account portals, will require you to register and create a username and password. In order to access such portions of our Website and specific content, product and services, you may be asked to provide certain registration details or other information. Each customer is only permitted to register for one account. You agree not to register for multiple accounts with our Website unless Index has explicitly authorized you to do so in writing.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit, or logout, from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Your account on the Website may include personal and sensitive information, including personally identifiable information and financial information. You are solely responsible for: (i) authorizing, monitoring, controlling access to and maintaining the confidentiality of your username and password, (ii) informing us, in writing, of any need to deactivate a username due to security, confidentiality or other concerns, and (iii) any charges or damages that may be incurred by use of your username and password, for any reason, until such time as you tell us to deactivate your account or other such notification that your account has been compromised or such other unauthorized use. We are not liable for any harm related to any authorized or unauthorized use of your username or password.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of our Terms of Use.
It is a condition of your access and use of the Website that all the information you provide on the Website, including in the application and in your account, is correct, current, and complete. You certify that the information you provide to us through the Website, including in connection with an online application, the registration of your account, or access and use of any our products and services, is correct, current, and complete. You agree that you will maintain and update such information regularly.
You also agree to provide us any information or documentation reasonably requested by us to verify your identity and other information provided by you. You understand and agree that we or our agents may contact third parties to verify such information, including consumer reporting agencies, in order to determine your eligibility to access and use our Website or for credit products and services from Index. You authorize us to share any information we collect about you with third-party sources or service providers to help us with these verification procedures.
You agree that all information we collect, including information you provide to register your account, as part of the online application or through the use of any interactive features on the Website, is governed by our Privacy Policy.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, source code, text, data, articles, models, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Index, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to access and use the Website, products and services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
The term “Index Loans” and Index logo are trademarks and service marks of Index Loans LLC. You must not use such marks without the prior written permission of Index. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
We respect the intellectual property rights of others, and we ask our users to do the same. If you believe, in good faith, that any materials on the Website infringe your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1988 (“DMCA”) by sending Index's designated copyright agent with the following information in writing: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may contact Index's designated copyright agent for notification of claimed copyright infringement by e-mail at legal@indexloans.com and include “Notice of Copyright Infringement” in the subject line, or by regular mail to:
Attention: Notice of Copyright Infringement
Index Loans LLC
Legal Department
7621 West 63rd Street
Summit, Illinois 60501
It is often difficult to determine if intellectual property rights have been violated. Upon receipt of any notice, we will take whatever action that we deem appropriate in our sole discretion, including, request additional information before we remove any allegedly infringing material and/or removal of the challenged material from the Website.
While using our Website, you agree to comply with all applicable laws, rules and regulations, in addition to these Terms. We reserve the right to terminate your access to or use of the Website, or any product or service if you fail to comply with any such law, regulation or rule or these Terms.
You also agree not to use, or to assist or enable any others to use our Website, your account or any of our products and services for any unlawful or fraudulent activity, including, but is not limited to any of following:
Violations of system or network security may result in termination of your account and civil or criminal liability.
This Website may contain links to websites controlled, owned, and operated by third parties (the "third-party websites"). Index cannot control and has no responsibility for the accuracy or availability of information provided on the third-party websites. You acknowledge that use of any third-party websites is governed by the terms of use for those third-party websites. Links to third-party websites do not constitute an endorsement or recommendation by Index of such third-party websites or the content, products, advertising or other materials presented on such third-party websites, but are only for your convenience and you access them at your own risk. Such third-party websites may have a privacy policy different from that of our Website, and the third-party websites may provide less security than this Website. We are not responsible for the content of any third-party websites, we do not make any warranties or representations, express or implied, regarding the content, or the accuracy of such content, on any third-party websites, and we shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such third-party websites or otherwise.
To allow you full access and use of our products and services, we use third-party service providers to gather data from your employer and financial institutions. By using our products and services, you grant us and these third-party service providers, the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution and personal employment information from your employer. You acknowledge that use of any third-party service provider is governed by the terms of use for those third-party service providers websites. You acknowledge that we will share certain information with these third-party service providers to facilitate the connections. You agree to your personal and financial information and personal employment information being transferred, stored, and processed by these service providers in accordance with these third-party service providers privacy policies.
To allow you full access and use of our products and services, we need to collect information about your payroll account transactions and settings, your income, salary, and wage information, and information from documents such as your paystubs, W-2s, W-4s, and 1099s ("Income Information") and your name, job title, employer name, start date, end date, and other employment details ("Employment Information"). You will be able to use at no cost one of our third-party service providers through our Website to log-in to your employer's payroll provider and connect it with us, by using the services the third-party service provider. When you link your employer through our third-party service provider, you acknowledge and agree that the third party servicer provider: (i) will access and transmit your Income Information and Employment Information from your payroll provider to us and (ii) pursuant to your instructions, may also change the account that receives your direct deposit. You authorize us to access or collect Income Information and Employment Information from your payroll provider in accordance with our Privacy Policy.
By using our third-party service provider to connect your payroll provider to us, you represent and warrant to us and to our third-party service providers that you are the legal owner of the payroll provider account, that you have the right to disclose your login credentials for such payroll provider account if needed, and that you have the right to grant the authorizations in this Section 12 to transmit your Income Information and Employment Information from your payroll provider to us. You acknowledge that the services provided by our third-party service providers are provided “as is” and for general informational purposes only. You acknowledge that we and our third-party service providers are not responsible and are not liable for any acts, errors, or omissions by the payroll provider, or for the accuracy, completeness, availability or timeliness of the information provided by such payroll provider, or for any decisions we make using the information provided.
To allow you full access and use of our products and services, you need to have, maintain and link an external eligible bank account maintained at a third-party financial institution (“Bank Account”) to your account with us. You will be able to use, free of charge, one of our third-party service providers through our Website to log-in and link your Bank Account with us, by using the services the third-party service provider (“Linked Account”). You authorize us to access or collect certain financial data from each of your Linked Accounts, including without limitation, account balances, transaction dates, the merchants involved, the transaction types and amounts, other information, data, passwords, or other content (collectively, “Transaction Data”) in accordance with our Privacy Policy.
By linking any Linked Account, you represent and warrant to us and to our third-party service provider that you are the legal owner of the Linked Account, that you have the right to disclose your login credentials for such Linked Account if needed, and that you have the right to grant the authorizations in this Section 12 with regard to such Linked Account. You acknowledge that the services provided by our third-party service providers are provided “as is” and for general informational purposes only. You acknowledge that we and our third-party service providers are not responsible and are not liable for any acts, errors, or omissions by the financial institutions at which you maintain your Linked Account(s), or for the accuracy, completeness, availability or timeliness of the information provided by such institutions, or for any decisions we make using the information provided.
For our loan products and services, you understand that by clicking to accept or agree to the Terms of Use or submitting an application through the Website, you are applying for credit from Index, and you are providing written instructions to Index, under the Fair Credit Reporting Act (FCRA), authorizing Index to obtain information from your consumer report or other information from consumer reporting agencies to determine your prequalification or approval for credit from Index. You authorize us to access or collect your consumer report or other information from consumer reporting agencies in accordance with our Privacy Policy.
You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers and other subscriber and device details, if available, to Index and its third-party service providers for the duration of our business relationship, solely for identity verification and fraud avoidance. You authorize us to access or collect all such information from your wireless operator. You acknowledge that we will collect and store such information in accordance with our Privacy Policy.
Your use of the products and services on this Website may be monitored by us, and the resultant information may be used by us for our internal business purposes or in accordance with the rules of any applicable laws. In addition, we have the right to:
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you acknowledge all actions taken by us with respect to your information in accordance with our Privacy Policy.
This Website is not intended for use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Website no solicitation is made by us to any person to use the Website in jurisdictions where: (i) the products and services provided by the Website are prohibited by law, or (ii) where we are not licensed to provide the products and services offered by the Website. Our Website, products and services are intended to be made available only to individuals who are legal residents of the states in the U.S. where Index is authorized or licensed, See - States & Licenses. Nothing on our Website shall be considered a solicitation to provide products or services to any person that is not a legal resident of the States & Licenses, or to any non-U.S. persons, or shall subject us to non-U.S. laws or regulations.
By accepting our Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including, through your account on our Website, SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send a message via text. In the event that a customer service representative calls, instead of the automatic telephone dialing system, that customer service representative may leave a message on your answering machine or voice mail. If you are in default of your obligations to us, you authorize us to call you at work or home using numbers you have provided to us, or at other numbers you have provided to us or we have obtained for you, to leave a message with a person or voice mail service stating our name and phone number, to text you, to write you at home and to acquire location information about you from others. You further agree that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that we will have no liability for such charges or liable to you for any such calls.
You further consent to the recording and monitoring, for quality assurance training, risk management and/or collection purposes, of any call that you place to us (or our affiliates) or that we (or our affiliates) place to you.
You are notified that information sent by electronic mail may not be completely confidential not only because of certain aspects of electronic transfer, but also because others may have access to the computer or e-mail address to which the electronic mail response is sent. Although we try to protect information you send us, we cannot guarantee that information sent over the internet is completely confidential. There are certain aspects of internet usage, your computer and your links to the internet we cannot control. Therefore, transmission of information to us on the internet must be undertaken at your own risk.
By accepting our Terms of Use, you understand that you are communicating with us electronically and consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices to your account on our Website. 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 to the extent permissible by law. By submitting your email to us, you agree that we may send emails to you for the purpose of advising you of changes or additions to our Website, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law.
INDEX, ITS PARENT, SUBSIDIARIES AND AFFILIATES, OR ITS OTHER AGENTS, AND THIRD-PARTY SERVICE PROVIDERS OR ANY OF THE FORGOING PARTIES RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDER, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "INDEX PARTIES") DO NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS WEBSITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES Of ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. THE INDEX PARTIES DO NOT WARRANT THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. THE INDEX PARTIES MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY. THE INDEX PARTIES RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE PRODUCTS AND SERVICES WITHOUT PRIOR NOTICE TO YOU. THIS WEBSITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND US.
EXCEPT AS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL THE INDEX PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE WEBSITE OR ANY THIRD-PARTY WEBSITES TO WHICH THIS WEBSITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF INDEX PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
THE INDEX PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE INDEX PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE LESSER OF: (I) THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE, OR (II) THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree that no client, advisory, fiduciary or professional relationship is created, implied or established between you and us and that you agree and understand that no person or entity is, in connection with this Website, engaged in rendering accounting, debt management, investment, securities, tax, legal advice or consulting opinions and that you will consult appropriate licensed professionals for opinions and advice relating to the specific facts, laws and roles which may apply in your specific case in connection with your access and use of this Website and our products and services.
You agree to indemnify, defend and hold harmless Index Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys'` fees and costs, incurred by the Index Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Website, or (ii) your use of the Website in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Index Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Index. You further agree to indemnify and hold harmless Index Parties from any claim arising from a third party'`s use of information or materials of any kind that you post to the Website.
Failure by Index to enforce any of its rights under these Terms of Use shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
This Website is located in the State of Illinois with regard to the access and use of the Website. These Terms of Use and access and use of this Website shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. You agree to the personal jurisdiction and venue in the state and federal courts in Cook County, Illinois, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your access and use of this Website.
PLEASE READ CAREFULLY THE PROVISIONS OF THIS SECTION 23 AGREEMENT TO ARBITRATION OF CLAIMS (ALSO REFERRED TO HEREINAFTER AS THE “ARBITRATION PROVISION”). THIS ARBITRATION PROVISION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS ARBITRATION PROVISION CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (HEREINAFTER "CLASS ACTION").
ARBITRATION REPLACES THE RIGHT TO GO TO COURT. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. PURSUANT TO THIS ARBITRATION PROVISION YOU ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OR TO FILE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION SUBJECT TO THE LIMITED EXCLUSIONS BELOW.
In this Section 23 (also referred to hereinafter as the “Arbitration Provision”), reference to "Index" "our," "we," or "us" includes, Index its present or future affiliates or subsidiaries, and any persons or entities, including agents or employees, related to Index or its present or future affiliates or subsidiaries. The term “affiliates” are the following business entities - Index’s past, present, and future parent company, subsidiary companies, and sister companies, including each of those companies predecessors, successors, and assignees.
EXCEPT AS SPECIFIED IN THIS ARBITRATION PROVISION, YOU AND INDEX AGREE THAT ANY “COVERED CLAIM” (DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING BILATERAL ARBITRATION. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS OTHERWISE QUALIFY FOR SMALL CLAIMS COURT AND AS LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL, I.E., NON-CLASS OR NON-REPRESENTATIVE, BASIS.
You and Index agree that these Terms of Use affect interstate commerce and the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Arbitration agreement and govern all questions as to whether a Covered Claim is subject to arbitration.
For the purposes of this Arbitration Provision, the term “Covered Claim” is intended to be broadly interpreted, to the broadest possible meaning permitted by law, and includes the following claims or disputes, whether based in contract, tort, statute, equity, or any other legal theory:
A Covered Claim is subject to arbitration regardless of when it arose, whether it is before the date of these Terms of Use or any prior contract between Index and you (such as claims relating to advertising or disclosures or claims involving predecessors), or whether the claim arises after the termination of these Terms of Use. This arbitration provision shall survive the termination of any loan or agreement between Index and you. In the event of a conflict between this arbitration provision and one in any loan or agreement between Index and you that you entered into before accepting these Terms of Use, this arbitration provision shall govern. This Arbitration Provision does not prevent you from bringing your Covered Claim to the attention of any federal, state, or local government agency or law enforcement.
This Arbitration Provision also covers claims brought by or against “your third parties” and “Index’s third parties”.
Your third parties consist of: (i) any co-owners of your accounts, (ii) any authorized or unauthorized users or beneficiaries of your accounts or loans, and (iii) each of the persons’ referenced in the preceding (i) and (ii) assignees, heirs, trustees, agents, or other representatives.
Index’s third parties consist of: (i) its employees, officers, agents, or directors, its corporate affiliates, any entities which provided insurance in connection with this or any previous transactions between you and Index, (ii) any third parties that assigned loans or other agreements to Index, (iii) any third party that provides you any product or service which you receive with the assistance or involvement of Index, (iv) any third party that participates in efforts to collect a debt owed under any loan or agreement made by or assigned to Index, (v) any other third party providing services to or contracting with Index or any of Index’s third parties, and (vi) any of the employees, officers, agents, directors, affiliates, predecessors, successors, or assigns of such third parties.
Notwithstanding anything herein to the contrary, either you or Index also have the option to bring an individual lawsuit in small claims court or equivalent court, so long as the action qualify and remains in that court and is not removed or appealed to a court of general jurisdiction and advances only on an individual, i.e., non-class or non-representative, basis. If these limitations on removal or appeal of small claims court actions are unenforceable, the dispute instead shall be arbitrated. Neither you nor Index shall be deemed to have waived any arbitration rights by the fact of having exercised any self-help workout options, judicial remedies of garnishment, or previously filing different claims in small claims court. In addition, disputes over whether a claim or dispute can or must be arbitrated, including disputes over the scope, validity and enforceability of this Arbitration Provision, or any issues arising from or relating to the arbitrability of any Covered Claims or certain provisions of this Arbitration Provision have been violated are for a court to decide. Nothing in this Arbitration Provision precludes you from bringing issues to the attention of federal, state, or local agencies or law enforcement.
After the Notice containing all of the information required above is received, within 60 days either party may request a conference to discuss informal resolution of the dispute (“Informal Resolution Conference”). If timely requested, the Informal Resolution Conference will take place at a mutually agreeable time by telephone or videoconference. You and an Index representative must both personally participate in a good-faith effort to resolve the dispute informally without the need to proceed with arbitration. Any counsel representing you or Index also may participate. The requirement of personal participation in an Informal Resolution Conference may be waived only if both you and Index agree in writing and to the extent of such agreement.
EXCEPT AS OTHERWISE STATED IN THIS ARBITRATION PROVISION, YOU AND INDEX WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. INSTEAD, YOU AND INDEX AGREE TO HAVE ALL DISPUTES RESOLVED BY ARBITRATION. ARBITRATION PROCEEDINGS ARE TYPICALLY MORE LIMITED, MORE EFFICIENT, AND LESS COSTLY THAN PROCEEDINGS COURT. ARBITRATION PROCEEDINGS ARE ALSO SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN ANY LITIGATION BETWEEN YOU AND INDEX OVER WHETHER TO VACATE OR ENFORCE AN ARBITRATION AWARD, YOU AND INDEX WAIVE ALL RIGHTS TO A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE. YOU AND INDEX WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN COURT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. UNLESS BOTH YOU AND INDEX AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND INDEX AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF). THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS.
Only if Index and you do not reach an agreement to resolve the claim during the Informal Resolution Period, an arbitration proceeding shall be commenced by filing a demand for arbitration (“Arbitration Demand”) that contains the information set forth in the Notice, the additional requirements in this Section 23.F, and all information additionally required by the American Arbitration Association (“AAA”). The Arbitration Demand shall be filed with the AAA, with a copy to the Index Notice Address (if demand is made by you), or to Your Notice Address (if demand is made by us).
The Arbitration Demand must be accompanied by a signed certification of completion of the Informal Dispute Resolution Process and be personally signed by you (and your attorney, if you are represented) if you are initiating arbitration, or by an Index representative (and our attorney, if we are represented) if we are initiating arbitration. By signing the arbitration demand, you or Index (and the parties respective attorneys, as applicable) certify to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (i) the Arbitration Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on the parties and their counsel.
If your arbitration proceeding is part of a mass arbitration filing, Section 23.K contains additional requirements for commencing arbitration.
The arbitration will be conducted under the Consumer Arbitration Rules of the AAA (the “AAA Rules”) in effect at the time arbitration is started, as modified by this Arbitration Provision, and will be administered by the AAA. The AAA Rules are available online at www.adr.org/Rules. If the AAA is not available or unwilling to administer arbitrations consistent with this Arbitration Provision or you object to the AAA for good cause, the parties shall attempt in good faith to select another arbitration provider that is agreeable to all parties. If the parties cannot agree on another arbitration provider, they shall jointly petition a court to appoint an administrator that will administer the arbitration consistent with this Arbitration Provision.
The AAA maintains lists of approved arbitrators. The AAA will provide you and Index a list of seven possible arbitrators. Each of the possible arbitrators must be a lawyer with at least 10 years’ experience or a retired judge. You and Index will each have an opportunity to strike a total of three arbitrators from that list. You will make the first strike, and then Index and you will alternate in making strikes after that. After the last strike, the remaining person shall then serve as arbitrator.
The AAA charges certain fees in connection with arbitration proceedings. You may have to bear some of these fees; however, if you are not able to pay your share of those fees or think they are too high, Index will consider any reasonable request made in good faith to bear those fees, so long as you have fully complied with the requirements of this Arbitration Provision for any arbitration you initiate. Index will also bear any costs it is required to bear by law or by the terms of any other agreement with you. Notwithstanding the foregoing, if Index is required to pay the consumer portion of the arbitration fee for this Arbitration Provision to be enforceable, then it shall pay the required consumer portion of the arbitration. The provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.
You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may negotiate with the AAA for reduced fees and costs and for streamlined procedures designed to reduce the costs and increase the efficiencies of arbitration.
The arbitration may award relief (including, but not limited to, damages, restitution, and declaratory and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If, after exhaustion of all appeals, any of the waivers or prohibitions in this Arbitration Provision on non-individualized relief, class, representative, private attorney general claims and consolidation is found to be unenforceable as to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
You have the right to opt out of this Arbitration Provision by sending written notice of your decision to opt out to Index Notice Address within 30 days of first accepting these Terms of Use. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, (iii) your account number, if you have one, and (iv) a clear statement that you want to opt out of the Arbitration Provision contained in the Terms of Use and specify the last modified date for such Terms of Use, which is stated at the top of the Terms of Use page.
Notwithstanding any provision in this Arbitration Provision to the contrary, you and Index agree that if Index makes any future change to this Arbitration Provision (other than a change to the Index Notice Address), you may reject any such change by sending Index written notice with 30 days of the change to the Index Notice Address. This is not an opt-out or a rejection of Arbitration Provision altogether. By rejecting any future change, you are agreeing that we will arbitrate any Covered Claim in accordance with this version of the Arbitration Provision.
Except as specifically provided in this Arbitration Provision, if any part or parts of this Arbitration Provision is found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Provision shall continue in full force and effect. This Arbitration Provision will survive the termination of your relationship with Index.
These Terms of Use comprise the entire agreement between you and us relating to your use and access of our Website, and supersede all prior agreements and negotiations, whether oral or written. These Terms of Use supersedes any previous terms of use to which you and Index may have been bound. There are no other agreements, understandings, promises or conditions, oral or written, express or implied, concerning the subject matter of these Terms of Use, except as set forth in these Terms of Use. Notwithstanding the foregoing, these Terms of Use do not supersede or amend (and will not take precedence over) any signed written agreement between you and Index with respect to the subject matter of that signed written agreement, unless otherwise set forth in that signed written agreement.
We reserve the right in our sole discretion to terminate, restrict, or suspend the Website, service, access or information from you at any time for any reason without prior notice or liability.
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If you are married: (1) you confirm that any loan application that you make is made on behalf of your marriage or family; (2) no provision of a marital property agreement, a unilateral statement under s. 766.59 or a court decree under s. 766.70 adversely affects the interest of the creditor unless the creditor, prior to the time credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred; (3) you understand and agree that we will provide a copy of any loan agreement to your spouse for his or her information.
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