As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: silent
No provision on this field was extracted from the captured text.
Company’s fee promise
Reviewed category: right-to-elect-to-pay-where-required
if applicable arbitration rules or laws require NETCREDIT to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then NETCREDIT will have the right to elect to pay the fees and costs and proceed to arbitration.
Fee or cost shifting against the consumer
Reviewed category: prevailing-party-fees
In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief (including attorneys’ fees).
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
then both you and NETCREDIT agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. NETCREDIT’s notice to you will be sent to you based on the most recent contact information that you provide us. However, if no such information exists or if such information is not current, then we have no obligation under this sub-Section to send such notice. ... For a period of sixty (60) days from the date of receipt of notice from the other party, NETCREDIT and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or NETCREDIT to resolve the Dispute or Excluded Dispute on terms with respect to which you and NETCREDIT, in each party’s sole discretion, are not comfortable. ... If NETCREDIT is unable to resolve a Dispute as set forth in the section above within sixty (60) days of receipt of the notice, then either party may submit the Dispute to formal arbitration in accordance with this sub-Section.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party.
Small-claims carve-out
Reviewed category: limited-by-venue-or-condition
Notwithstanding the foregoing, either party may bring qualifying claim of Disputes in small claims court, subject to the Section Federal and State Courts in Cook County, IL below. ... Except to the extent that arbitration is required in Forums for Alternative Dispute Resolution Section above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Cook County, Illinois.
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: consent-required-for-changes
We may, from time to time, make modifications, changes or additions to these Terms. You agree that your continued use of the Site or Services following the posting of such changes is your acceptance of such changes. ... This Section can only be amended by mutual agreement.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
The Site is owned and operated by CNU Online Holdings, LLC and its subsidiaries and affiliates operating under the NetCredit brand (collectively, “NETCREDIT,” “Company,” “we,” “our,” or “us”). These Terms govern your use of the Site and any of the products and services made available via the Site (“Services”). ... If any controversy, allegation, or claim arises out of or relates in any way to the Site, the Services, Content, Submissions or these Terms (collectively, “Dispute”)
Confidentiality of the arbitration
Reviewed category: confidentiality-rules-referenced-not-stated
THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES
Shortened limitations period
Reviewed category: shortened-to-1-year
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSE OR IT WILL BE FOREVER BARRED.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to the Arbitration sub-Section above holds that this restriction is unconscionable or unenforceable, then the agreement in the Forums for Alternative Dispute Resolution Section above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to the Section directly below.
Counsel or representation restrictions
Reviewed category: expressly-permits-representation
All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.