Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you and Blue Mountain Loans, a brand of Loan Spot, regarding your use of our website and services.

1.1 Who We Are

Blue Mountain Loans is a brand name of Loan Spot. Loan Spot is a wholly owned subsidiary of Kashia Services, a wholly owned economic arm and instrumentality of the Kashia Band of Pomo Indians of the Stewarts Point Rancheria ("Tribe"), a federally recognized sovereign Indian tribe located in the United States.

1.2 Scope of Agreement

These Terms apply to:

• Use of the Blue Mountain Loans website (bluemountainloanusa.com)
• Submission of loan applications
• All loan agreements and transactions
• Communications with Blue Mountain Loans
• All services we provide

1.3 Additional Terms

In addition to these Terms, your loan will be governed by:

• Your Loan Agreement: The specific terms of your individual loan
• Privacy Policy: How we collect and use your information
• Tribal and Federal Law: Applicable laws governing our operations

2. Tribal Sovereignty and Applicable Law

2.1 Tribal Sovereign Immunity

Loan Spot is a wholly owned subsidiary operating as an economic arm of the Kashia Band of Pomo Indians of the Stewarts Point Rancheria, a federally recognized sovereign Indian tribe. As such, Loan Spot operates under tribal sovereign immunity.

2.2 Governing Law

These Terms and any loan agreements are governed by:

• Tribal Law: Laws and regulations of the Kashia Band of Pomo Indians
• Federal Law: Applicable federal laws and regulations, including federal consumer protection laws
• Tribal-State Relations: To the extent applicable and not preempted

2.3 Licensing and Regulation

Loan Spot is licensed by the Kashia Lending Commission. Our operations are subject to oversight by the Kashia Lending Commission and compliance with federal consumer financial protection laws.

2.4 State Law Limitations

Due to our status as a tribal lender, state laws that would otherwise apply to consumer lending may not apply to loans made by Blue Mountain Loans. However, we voluntarily comply with certain federal consumer protection standards, including the Federal Equal Credit Opportunity Act.

3. Eligibility Requirements

To apply for and receive a loan from Blue Mountain Loans, you must meet all of the following eligibility requirements:

3.1 Age and Legal Capacity

• Be at least 18 years of age (or the age of majority in your state of residence)
• Have the legal capacity to enter into a binding contract
• Not be under any legal disability that would prevent contract formation

3.2 Citizenship and Residency

• Be a U.S. citizen or permanent resident
• Have a valid Social Security Number
• Reside in a state where we offer services (see State Availability)
• Have lived at your current address for at least 90 days

3.3 Financial Requirements

• Have a regular source of income
• Earn at least $1,000 gross monthly income
• Have an active checking account that has been open for at least 90 days
• Bank account must be in your name
• Not be currently in bankruptcy proceedings

3.4 Contact Requirements

• Have a valid email address
• Have a working phone number where you can be reached
• Be able to receive electronic communications

3.5 State Restrictions

Blue Mountain Loans is not available to residents of the following states:

• Arkansas (AR)
• Connecticut (CT)
• Massachusetts (MA)
• Maryland (MD)
• New York (NY)
• Pennsylvania (PA)
• Vermont (VT)
• Virginia (VA)
• District of Columbia (DC)
• West Virginia (WV)

State availability may change without notice.

3.6 Misrepresentation

4. Loan Terms and Conditions

4.1 Loan Amounts

We offer installment loans ranging from $500 to $5,000. Your approved loan amount will depend on:

• Your creditworthiness
• Income and debt-to-income ratio
• Whether you are a first-time or returning customer
• State regulations

Note: First-time borrowers typically receive lower initial loan amounts, often $500-$1,200.

4.2 Interest Rates (APR)

Annual Percentage Rates (APR) range from 59.99% to 299.99%, depending on:

• Credit history and score
• Loan amount and repayment term
• Income verification
• Overall risk assessment

4.3 Repayment Terms

Repayment terms range from 3 to 18 months, with monthly payment schedules. Available terms depend on your loan amount:

• 3 months (typically for $500-$1,000 loans)
• 6 months (common for $1,000-$2,000 loans)
• 9 months (typical for $1,500-$2,500 loans)
• 12 months (standard for $2,000-$4,000 loans)
• 18 months (available for $3,000-$5,000 loans)

4.4 Loan Agreement

If your application is approved, you will receive a Loan Agreement that includes:

• Principal loan amount
• Your specific APR
• Finance charge (total interest)
• Monthly payment amount
• Number of payments
• Total amount you will repay
• Payment due dates
• All applicable fees
• Prepayment rights
• All terms and conditions

You must carefully review and electronically sign your Loan Agreement to receive funds.

4.5 Right to Cancel

You may have the right to cancel your loan after signing, subject to tribal and federal law. Specific cancellation rights and timeframes will be disclosed in your Loan Agreement. Contact us immediately if you wish to cancel.

5. Application Process

5.1 Application Submission

By submitting a loan application, you:

• Certify that all information provided is true, accurate, and complete
• Authorize us to verify the information you provide
• Consent to credit checks and use of consumer reporting agencies
• Authorize us to contact you by phone, email, and text message
• Agree to receive electronic communications

5.2 Credit Authorization

By applying, you authorize Blue Mountain Loans to:

• Obtain your credit reports from credit bureaus including Clarity Services, Experian, TransUnion, FactorTrust, DataX, and Equifax
• Verify your identity through third-party services
• Verify your bank account information
• Verify your employment and income
• Contact references you provide

These inquiries may appear on your credit report and may temporarily affect your credit score.

5.3 Decision Process

We use automated underwriting systems to evaluate applications. Decisions are typically made within 5-10 minutes. In some cases, additional manual review or verification may be required.

5.4 No Guarantee of Approval

Submitting an application does not guarantee approval. We reserve the right to deny any application for any lawful reason, including but not limited to:

• Failure to meet eligibility requirements
• Inability to verify information
• Insufficient income
• Poor credit history or active defaults
• Recent bankruptcy
• Suspicion of fraud

5.5 Adverse Action Notice

If your application is denied, you will receive an Adverse Action Notice explaining the reasons for denial and your rights under federal law, including the right to obtain a free credit report.

6. Repayment Obligations

6.1 Payment Authorization

By accepting a loan, you authorize Blue Mountain Loans to automatically withdraw payments from your designated bank account on scheduled due dates. This authorization remains in effect until the loan is paid in full or you revoke it in writing.

6.2 Payment Schedule

Payments are due monthly on the same date each month. Your first payment is typically due 2-4 weeks after loan funding. All payment dates are specified in your Loan Agreement.

6.3 Payment Processing

You must ensure sufficient funds are available in your account at least one business day before the payment due date. Payments are typically withdrawn on the due date or the next business day if the due date falls on a weekend or holiday.

6.4 Failed Payments

If a payment fails due to insufficient funds (NSF) or other reasons:

• You will be charged an NSF fee of $30
• Your bank may charge additional overdraft or NSF fees
• We may attempt to re-present the payment
• The failed payment will be considered late if not received within 15 days
• Late fees will apply after the 15-day grace period
• The default will be reported to credit bureaus

6.5 Late Payments

If a payment is more than 15 days late, you will be charged a late fee of $25 or 5% of the payment amount, whichever is greater.

6.6 Early Repayment

6.7 Partial Payments

We may accept partial payments at our discretion, but acceptance does not waive our right to collect the full amount due or to charge late fees.

6.8 Payment Application

Payments are applied in the following order:

1. Late fees and NSF fees
2. Accrued interest
3. Principal balance

7. Fees and Charges

7.1 Origination Fee

A one-time origination fee may be charged when your loan is funded. The amount varies by loan size and will be disclosed in your Loan Agreement before you sign.

7.2 Late Payment Fee

$25 or 5% of the payment amount (whichever is greater) if payment is received more than 15 days after the due date.

7.3 NSF/Returned Payment Fee

$30 for each payment returned by your bank due to insufficient funds or for any other reason.

7.4 No Hidden Fees

We do not charge:

• Application fees
• Prepayment penalties
• Early payoff fees
• Monthly service fees
• Standard payment processing fees (for ACH)

7.5 Third-Party Fees

You may incur fees from third parties, such as overdraft fees from your bank. We are not responsible for third-party fees.

8. Default and Collections

8.1 Events of Default

You will be in default if:

• You fail to make any required payment
• You provide false or misleading information
• You file for bankruptcy
• You close your bank account without providing alternative payment arrangements
• You breach any other term of your Loan Agreement

8.2 Consequences of Default

If you default on your loan:

• The entire unpaid balance may become immediately due and payable
• We may accelerate the loan (demand full payment)
• Additional collection costs may be added to your balance
• Your default will be reported to credit bureaus
• We may refer your account to a collection agency
• We may pursue legal action to collect the debt
• You may be responsible for collection costs, attorney fees, and court costs

8.3 Credit Reporting

We report payment activity to one or more credit bureaus. Late payments, defaults, and collections will negatively impact your credit score and may remain on your credit report for up to 7 years.

8.4 Collection Activities

We may:

• Contact you by phone, email, text, and mail to collect past-due amounts
• Contact references you provided
• Engage third-party collection agencies
• Report the debt to collection agencies and credit bureaus
• Pursue legal remedies available under tribal and federal law

9. Arbitration Agreement

9.1 Agreement to Arbitrate

You and Blue Mountain Loans agree that any dispute, claim, or controversy arising out of or relating to these Terms, your loan, or our services will be resolved by binding arbitration rather than in court, except as provided below.

9.2 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the rules of a recognized arbitration organization. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

9.3 Exceptions to Arbitration

The following disputes are not subject to arbitration:

• Individual claims in small claims court
• Actions to enforce intellectual property rights
• Actions for injunctive relief

9.4 No Class Actions

YOU AGREE THAT DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

9.5 Costs of Arbitration

Each party will bear their own costs of arbitration unless otherwise required by law. If you prevail in arbitration, we will reimburse your filing fees and arbitrator costs.

9.6 Right to Opt Out

You have the right to opt out of this arbitration agreement by sending written notice to us within 30 days of accepting these Terms. Your notice must include your name, address, and loan account number (if applicable), and must state that you opt out of the arbitration agreement.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating arbitration or any legal action, you agree to first contact us to attempt to resolve the dispute informally. Contact us at:

• Phone: (877) 689-7747
• Email: disputes@bluemountainloanusa.com
• Mail: Blue Mountain Loans, Disputes Department, PO Box 11781, Santa Rosa, CA 95406

10.2 Venue and Jurisdiction

To the extent not subject to arbitration, any legal action must be brought in the tribal court of the Kashia Band of Pomo Indians or, if tribal court jurisdiction is not available, in federal court.

10.3 Limitation Period

Any claim or action arising from these Terms or your loan must be brought within one (1) year of when the claim arose, or it will be permanently barred.

11. Website Use

11.1 License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our website for the purpose of applying for loans and managing your account.

11.2 Prohibited Activities

You agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Interfere with website operation or security
• Use automated systems (bots, scrapers) to access the website
• Transmit viruses, malware, or harmful code
• Impersonate another person or entity
• Collect information about other users
• Reverse engineer any aspect of the website

11.3 Intellectual Property

All content on our website, including text, graphics, logos, and software, is owned by Blue Mountain Loans or its licensors and protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without written permission.

11.4 User Accounts

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of unauthorized access

12. Electronic Communications

12.1 Consent to Electronic Delivery

By using our services, you consent to receive all communications, disclosures, and documents electronically, including:

• Loan agreements and amendments
• Payment confirmations
• Account statements
• Privacy policies
• Collection notices
• Legal notices

12.2 Communication Methods

We may communicate with you via:

• Email
• Text messages (SMS)
• Phone calls
• Online account portal
• U.S. Mail

12.3 Text Message Consent

By providing your phone number and checking the authorization box on our application, you consent to receive text messages from us, including payment reminders and account notifications. Message and data rates may apply. Reply STOP to opt out.

12.4 Updating Contact Information

You must keep your contact information current. Failure to receive communications due to outdated contact information does not relieve you of your obligations.

13. Privacy and Data Protection

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• We collect personal and financial information to process your application
• We use 256-bit SSL encryption to protect your data
• We share information with service providers and as required by law
• We do not sell your personal information
• You have rights to access, correct, and delete your information

For complete details, please review our Privacy Policy.

14. Disclaimers and Warranties

14.1 Website "As Is"

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14.2 No Guarantee of Availability

We do not guarantee that:

• The website will be available at all times or error-free
• Defects will be corrected
• The website is free of viruses or harmful components
• Results from use of the website will be accurate or reliable

14.3 Third-Party Links

Our website may contain links to third-party websites. We do not endorse or take responsibility for third-party content, products, or services.

14.4 Financial Advice Disclaimer

We do not provide financial, legal, or tax advice. Information on our website is for informational purposes only. You should consult with appropriate professionals before making financial decisions.

15. Limitation of Liability

15.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE MOUNTAIN LOANS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF OUR SERVICES.

15.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAID TO US IN THE SIX MONTHS PRECEDING THE CLAIM.

15.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

16. Modifications to Terms

16.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website.

16.2 Notice of Changes

We will notify you of material changes by:

• Updating the "Last Updated" date
• Posting a notice on our website
• Sending email notification to registered users

16.3 Acceptance of Changes

Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using our services.

16.4 Existing Loans

Changes to these Terms will not affect the terms of loans already in effect. Existing loans are governed by the Loan Agreement signed at origination.

17. Termination

17.1 Termination by You

You may terminate your relationship with us at any time by:

• Paying your loan in full
• Closing your online account
• Ceasing to use our services

17.2 Termination by Us

We may terminate or suspend your access to our services at any time, with or without cause, including if:

• You breach these Terms
• You provide false information
• We suspect fraud or illegal activity
• Required by law or regulatory action

17.3 Effect of Termination

Upon termination:

• Your right to use our services ends immediately
• You remain liable for all outstanding loan obligations
• Sections of these Terms that by their nature should survive (including arbitration, limitation of liability, and governing law) will continue in effect

18. General Provisions

18.1 Entire Agreement

These Terms, together with your Loan Agreement and Privacy Policy, constitute the entire agreement between you and Blue Mountain Loans regarding use of our services.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.4 Assignment

You may not assign or transfer these Terms or your loan without our written consent. We may assign our rights and obligations under these Terms without your consent.

18.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

18.6 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

18.7 Contact Information

For questions about these Terms, contact us at:

• Phone: (877) 689-7747
• Email: legal@bluemountainloanusa.com
• Mail: Blue Mountain Loans, Legal Department, PO Box 11781, Santa Rosa, CA 95406-1781