Spotloan Terms of Use

Welcome to Spotloan's Website (www.spotloan.com) (the “Site”). Please read these Terms of Use carefully and print a copy and/or retain this information electronically for future reference.  By accessing this Site, you agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, do not access this Site (www.spotloan.com).

If you obtain a loan from us, the loan and our relationship with you will be governed by the Loan Agreement, which you should read carefully.  If there is any inconsistency between the Loan Agreement and these Terms of Use, the Loan Agreement governs.  THE LOAN AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND JURY TRIAL WAIVER WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.

Site Content

BlueChip Financial d/b/a Spotloan (“Spotloan”) operates this Site to provide general financial information and information about Spotloan, and to facilitate the services provided by Spotloan.  As used throughout the Terms of Use, the term “Services” shall mean the online loan products offered by Spotloan, the Site, and any other features, downloads, content, and other services that may be available through the Site.  Spotloan offers its Services directly to borrowers through desktop or mobile devices through this Site.

We make no representation that materials on this Site are appropriate or available for use in other locations. Spotloan’s Services may not be available to residents of all states.

Your use of the Site warrants that you will not use it for any purpose that is unlawful or prohibited by these Terms of Use.  Although Spotloan attempts to ensure the accuracy and integrity of the information on the Site, it makes no representations, warranties, or guarantees as to the accuracy of the Site and its content.

Expensive Form of Credit

Spotloans are an expensive form of credit intended only for short-term financial needs.  Spotloans are designed to help you deal with emergencies such as rent, medical bills, car repairs, or expenses related to your job.  Spotloans are not intended to solve longer-term credit or other financial needs, and alternative forms of credit may be better for you.  These include borrowing from a friend or relative, using a credit card cash advance, taking out a personal loan, or using a home equity loan or savings.

Accessing Service from an Indian Reservation

Spotloan is a wholly owned economic arm and instrumentality of the Turtle Mountain Band of Chippewa Indians (the “Tribe”), a federally recognized Native American tribe.  Spotloan is organized under the laws of the Tribe.  The Tribe regulates financial services provided to anyone choosing to access such services from the Tribe’s jurisdiction, such as you, under the Turtle Mountain Band of Chippewa Tribal Lending Code, Title 43 (available at www.spotloan.com/faq).  Spotloan offers such services within the Tribe’s jurisdiction through a license issued by the Turtle Mountain Band of Chippewa Tribal Lending Regulatory Commission.  BY CHOOSING TO VISIT THE TRIBE’S JURISDICTION THROUGH THIS SITE AND ACCESS SERVICES OFFERED AND REGULATED UNDER THE TRIBE’S LAWS, YOU FREELY CONSENT TO THE TRIBE’S JURISDICTION REGARDING ALL ASPECTS OF YOUR USE OF THIS SITE AND ANY SPOTLOAN YOU MAY OBTAIN.

As an economic arm of the Tribe, Spotloan possesses sovereign immunity which will limit any actions, if any, you may bring in a dispute.

Use of Information in Connection with Submitting a Spotloan Application

If you use the Site to submit an application for a Spotloan consumer loan (an “Application”), all of the following applies.

Important Information about Procedures for Opening an Account.  To help the government fight the funding of terrorism and money laundering activities, Spotloan obtains, verifies and records information that identifies each person who opens an account.  You must give Spotloan your name, address, date of birth and, upon request, other information and documents, such as your driver’s license.

Spotloan may obtain a consumer credit report in connection with your Application and in connection with any updates or extensions of any credit product opened as a result of your Application.  If you ask, you will be informed whether or not such a report was obtained and, if so, the name and address of the agency that furnished the report.  You also understand and agree that Spotloan may also investigate your credit, employment and financial status with third-party data providers (including consumer reporting agencies and other non-traditional sources of data) in connection with reviewing and processing your Application, collecting amounts owing on Spotloan you may open, and for other legitimate purposes related to such transactions.  As a condition to processing your Application and as part of identity verification and fraud mitigation, you may be asked to enable and use your camera during the Application process.  Any photo(s) or video(s) of you will not be retained beyond the time frame reasonably necessary to process your Application except as may be required by applicable law, and any photo(s), video(s) or related information that may be retained will be held consistent with the Spotloan Privacy Policy (www.spotloan.com/privacy-policy).

Permission to Gather and Verify Data

Spotloan does not collect and store PII from Site users; any PII collected and received from you through your Application for our Services is submitted voluntarily by you.  You grant us a license to use the information you provide to us.  Spotloan is committed to the protection and security of information we collect from you and your PII that you provide us or that we obtain about you from third parties with your consent.  Spotloan has implemented administrative, technical, and physical safeguards to protect and secure your PII.  More information regarding PII and its use on our Site and in our Services can be found in our Privacy Policy (www.spotloan.com/privacy-policy).

You agree not to provide any user information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component.

Spotloan collects information from Site users, such as your browser type, operating system, access times, and pages viewed.  Information is also collected regarding the device used to access the website, such as a mobile device ID, model, manufacturer, and IP address of the mobile device.  None of this information is PII, and is collected primarily to maintain the security and operation of the services offered by Spotloan.

This Site uses Mouseflow (https://mouseflow.com), a third-party analytics tool, to track page content and click/touch, movement, scroll, and keystroke activity. You can opt-out at: https://mouseflow.com/opt-out/.

Consent to Communications

When you submit an Application and/or become a Spotloan customer, you agree that Spotloan may contact you using written, electronic, or verbal means. We may contact you regarding your Application or loan, to verify your identity and/or phone number, and on other loan-related matters. This consent includes, but is not limited to, contact by prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. You agree that Spotloan may use any email address or phone number you provide, including a number for a cellular phone or other wireless device, even if you incur message and data charges as a result.

SMS Terms and Conditions

By agreeing to receive text messages from Spotloan, you agree to the following SMS Terms and Conditions:

1. Message Frequency: Message frequency may vary per month but you will receive a maximum of 15 text messages per month from Spotloan. These messages will pertain to your loan application and other loan-related matters, including payment-reminders.
2. Opt-out: You can opt-out of receiving text messages at any time by replying “STOP” to any message you receive from Spotloan. Once you opt-out, you will no longer receive any text messages from us, except confirmation of your opt-out request.
3. Support: For support or assistance regarding text messages, reply with "HELP" or contact us at 888-681-6811.
4. Data and Message Rates: Standard message and data rates may apply to any messages received from Spotloan. Please refer to your mobile provider for details regarding your messaging and data plan.
5. Privacy: Spotloan is committed to protecting your privacy. Your information will only be used for the purposes of transactional messages regarding your loan application and your Spotloan, such as payment-related messages. We will not share your information with third parties for marketing purposes without your consent. Please refer to Spotloan’s Privacy Notice.
6. Modification of SMS Terms & Conditions: Spotloan reserves the right to modify or amend these SMS Terms & Conditions at any time. Any changes will be effective immediately upon posting the modified SMS Terms & Conditions in our Terms of Use.
7. Participating Carriers: Most carriers available in the U.S., including but not limited to,  AT&T, T-Mobile, Verizon Wireless, US Cellular, and C Spire. Message delivery is subject to the capabilities of your mobile carrier network and may not be guaranteed. Phone carriers are not liable for delayed or undelivered messages.
   

Terms and Conditions for the Use of this Site

The Terms of Use describe the terms and conditions of use of this Site by you, the website viewer, and your rights and responsibilities as a user.

We have the right to revise the Terms of Use without notice to you, and advise all users of the Site to visit this page frequently to review them.

We encourage you to review our Privacy Policy (www.spotloan.com/privacy-policy), as your agreement to the Terms of Use includes agreement to our Privacy Policy.  If you have any questions about our Privacy Policy, feel free to email us at [email protected].  Any conflict arising between our Terms of Use and our Privacy Policy shall be resolved by the Privacy Policy.

Permissions and Restrictions for the Use of this Site

Spotloan hereby grants to you a limited, non-exclusive, non-transferable right to access this Site. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), Spotloan does not knowingly collect or retain personally identifiable information (“PII”) from users under the age of thirteen (13). This Site and our Services are for users over the age of eighteen (18), subject to compliance with the Terms of Use and in accordance with applicable federal laws and the laws enacted by the Tribe. This Site is intended for use within the United States.

The contents of this Site, including without limitation, text, design, graphics, images, and other content (collectively, the “Content”) are owned by or licensed to Spotloan, its third party vendors, and/or other third parties. The Content is protected under copyright law. Your use of this Site provides limited access to view, download, and print the Content, solely in conjunction with your permitted use. No portion of this Site should otherwise be reproduced, stored, or transmitted by any means for any purpose.

Such unauthorized use will constitute a violation of copyright, trademark, and other laws.  Any copies of copyrighted or trademarked materials, or names obtained from this Site, should retain all copyright and proprietary notices and should not be used without permission.  Use of any Content on this Site does not grant ownership rights to such Content or to this Site.  You may not sell or modify Content or display Content for public or commercial use.

Unauthorized access to this Site and its Content via hacking is prohibited.  Additionally, restrictions to use of this Site include accessing or tampering with non-public areas of this Site or our systems, or the delivery of our systems or Services.  You may not interfere with the access of any Site user, host, or network related to this Site or the Services (e.g., sending viruses, overloading, flooding, spamming, mail-bombing) or attempt to tamper or change any Site-related software.  Any use of this Site or its Content not expressly permitted within the Terms of Use is a breach of the Terms of Use and may violate applicable federal laws and the laws of the Tribe.

Links and Third Parties

Our Site may contain links to websites owned by third parties.  Such sites are provided solely as resources and as a convenience to our users.  These links, and any associated content, are not intended to be an endorsement, recommendation, or referral for any website or third party, and we are not responsible nor do we make representation for any content, information, security practices, or privacy policies for these websites and/or third parties.  If you, as a user of our Site, decide to access any third party website using links from our Site, you do so at your own risk.  Site users are expected to independently assess whether information and resources from any website, including ours, will meet their needs.

If you are directed to this Site from a non-affiliated third-party, you acknowledge that Spotloan does not make any representations or warranties regarding any non-affiliated third-party, the content of their site, or any acknowledgements you make by using a non-affiliated third party’s site.

Limitations on Liability

SPOTLOAN SHALL NOT BE LIABLE TO ANY USER OF THIS SITE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ITS MATERIAL, OR ANY THIRD PARTY WEBSITES LINKED TO THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that your sole remedy to any problem with this Site, including errors from and inaccuracies within, is to cease using this Site and the Services offered.  Spotloan and any third party who promotes the Services or provides you with a link to this Site, shall not be liable for your use of this Site, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third party, or for any loss or damage of any kind incurred as a result of its use.

Disclaimer of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.  IN ADDITION, WE MAKE NO WARRANTY THAT THE SITE AND ITS SERVER ARE FREE FROM VIRUSES OR OTHER HARMFUL TECHNOLOGIES.

Spotloan makes every effort to ensure that the information contained in our correspondence, reports, on the website, and given verbally by our directors, officers, and staff is accurate to the best of our belief at the time the information is provided, but we cannot guarantee the accuracy of all such information in all circumstances and contexts.  You must check all correspondence between us, and promptly notify Spotloan if something appears to be wrong or not made in accordance with your instructions.

You acknowledge that from time to time you may not be able to access this Site, including without limitation when the Site is unavailable to allow for repairs, maintenance, or the introduction of new facilities or services.

You acknowledge and agree that Spotloan using the Site to provide its Services allows it to have complete authority, responsibility, supervision, and control over the provision of all such Services it offers.

Indemnification

You agree to indemnify and hold harmless Spotloan, its affiliates, owners, directors, officers, employees, agents, representatives and third parties, from and against any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use of or inability to use the Site, any user postings or transmissions, your violation of any of these Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  You further agree that you will cooperate fully in the defense of any such claims.  Spotloan reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate in asserting any available defenses.

Waiver and Severability

Any failure by Spotloan to enforce any right or provision of the Terms of Use shall not constitute a waiver of such rights or provisions.  Should any competent court or arbitrator find any provision herein as invalid or unenforceable, that provision will be enforced to the maximum extent permissible and any and all other provisions of the Terms of Use will remain in full force and effect.

These Terms of Use supersede any previous Terms of Use to which you and Spotloan may have been bound.

Jurisdiction and Choice of Law

YOU AGREE THAT THE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE TRIBE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW.  You agree and understand that any loan agreement offered by Spotloan becomes a binding contract with us only when we accept it at our offices on the Turtle Mountain Indian Reservation.  By entering into a loan agreement, you are availing yourself upon the jurisdiction of the Tribe and fully understand and consent that any loan agreement entered into is governed solely by United States federal law and the laws of the Tribe.  For purposes of these Terms of Use and this Site and under the federal Consumer Protection Act of 2010, the Tribe is considered a state.  YOU ACKNOWLEDGE AND AGREE THAT THE LAWS OF THE TRIBE WILL APPLY RATHER THAN THE LAWS OF YOUR STATE OR ANY OTHER STATE.

Neither this Jurisdiction and Choice of Law provision nor any other provision of these Terms of Use shall be construed to waive any your rights under U.S. federal law or shall prevent you from bringing any individual claim against us under U.S. federal law, subject to the arbitration provision in the Loan Agreement.