TERMS OF SERVICE

TERMS OF USE

This site (the “Site”) is operated by Loan Spot dba Blue Mountain Loans and its affiliates (collectively, “Blue Mountain Loans” or “we” or “us”). By accessing or using this Site (or any part thereof), you agree to be legally bound by the terms and conditions that follow (the “Terms of Use”) as we may modify them from time to time. The terms of use apply to your use of this site, including any applications made by you or offers from Blue Mountain Loans. They constitute a legal contract between you and Blue Mountain Loans and by accessing or using any part of the Site you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms of Use. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Use, you may not use the Site. Notwithstanding anything to the contrary herein, if you and Blue Mountain Loans have entered into a separate written agreement that covers your use of a service, the terms and conditions of such agreement shall control with respect to such service to the extent they are inconsistent with these Terms of Use.

Definitions

“Site” refers to the online lending site owned by Loan Spot dba Blue Mountain Loans.

“Blue Mountain Loans” refers to Loan Spot dba Blue Mountain Loans, a wholly owned subsidiary of Kashia Services, a wholly owned and operated economic arm and instrumentality of the Kashia Band of Pomo Indians of the Stewarts Point Rancheria, a federally recognized Indian tribe.

“Products” are services offered and sold on the Site, including but not limited to, consumer installment loans.

License and Site Access

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Blue Mountain Loans, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws. Blue Mountain Loans grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Blue Mountain Loans or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Blue Mountain Loans sole discretion. Blue Mountain Loans strictly prohibits any other use of any content available through the Site, including but not limited to:

  1. any downloading, copying or other use of the content or the Site for purposes competitive to Blue Mountain Loans or for the benefit of another vendor or any third party;
  2. any caching, unauthorized linking to the Site or the framing of any content available on the Site;
  3. any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, Sites or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
  4. any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
  5. using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
  6. any action that imposes or may impose (in the sole discretion of Blue Mountain Loans) an unreasonable or disproportionately large load on Blue Mountain Loans infrastructure, or damage or interfere with the proper working of our infrastructure.

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Blue Mountain Loans. Blue Mountain Loans reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Blue Mountain Loans neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Blue Mountain Loans. Termination of your access or use will not waive or affect any other right or relief to which Blue Mountain Loans may be entitled, at law or in equity.

Services

The information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively, the “Content”) are proprietary to Blue Mountain Loans and its licensors and are protected by copyright and other U.S. and international intellectual property rights, laws and treaties. The Content includes proprietary databases (the “Database”) of borrowers, lenders, and financial data which, by way of example, include information, text, photographic and other images and data contained therein (collectively, the “Information”) and the proprietary organization and structures for categorizing, sorting and displaying such Information, and the related software (“Software”). The Site, Content, Database, Information, Software and any portion of the foregoing, including any derivatives, successors, updates or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the “Site”.

Prohibited Uses

The Site is for personal and non-commercial use. You shall not, (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Site, or (b) modify or create derivative works of any portion of the Site.

Notwithstanding anything to the contrary herein, you shall not:

  1. Access or use any portion of the Site if you are a direct or indirect competitor of Blue Mountain Loans, nor shall you provide, disclose or transmit any portion of the Site to any direct or indirect competitor of Blue Mountain Loans (by way of example, a “direct or indirect competitor” of Blue Mountain Loans includes, but is not limited to, persons that make online loans, and employees, independent contractors and agents of such persons);
  2. Use or distribute any Information from the Site, including Information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or Site;
  3. Modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Site, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Site;
  4. Use, reproduce, publish or compile any portion of the Site for the purpose of selling or licensing any portion of the Site or making any portion of the Site publicly available;
  5. Upload, post, e-mail or otherwise transmit any information, data, text, software, photographs, images, graphics, or other content to or through the Site, or use any portion of this Site in a manner, that:
    • is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive or otherwise objectionable;
    • infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party;
    • constitutes unlawful advertising or fraudulent, unfair or deceptive practices, “spam,” or any other form of unlawful solicitation, including any non-solicitation law, which, with limited exceptions, prohibits anyone from knowingly selling, giving or receiving, for the purpose of selling or offering for sale any property or service to persons listed therein, any list of names and addresses contained in or derived from public records;
    • contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Site or servers or networks connected thereto or the activities of other users of the Site or of any computer software or hardware or telecommunications equipment; or
    • you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
  6. Impersonate any person or entity, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Site; or
  7. Use any portion of the Site to encourage or engage in illegal activity, stalk or harass another person, or violate these Terms of Use or any applicable local, state, national or international law, rule, regulation or ordinance, including without limitation, state and local real estate practice, spam or privacy laws.
Termination

You acknowledge and agree that Blue Mountain Loans may interrupt or terminate or block your access to the Site or portions thereof at any time. In the event that occurs, you shall cease using any portion of the Site, permanently delete or destroy all portions of the Site within your possession, custody or control, and, upon written request from Blue Mountain Loans, certify, in writing, your compliance with this provision.

Eligibility

You may use the Site only in compliance with these Terms of Use and all applicable Tribal and federal laws, rules and regulations. By using the site, you warrant you are at least 18 years of age or older. The Site is not available to any Users previously removed from the Site by Blue Mountain Loans. Blue Mountain Loans reserves all rights not expressly granted under these Terms of Use. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Use is void.

Information about You

When you use the Site, Blue Mountain Loans collects both personally and non-personally identifying information about you and your use of the Site. Such information includes (a) what you intentionally submit to us while using the Site, including, for example, by filling out an application or other forms with your contact information or by logging in with your User ID and password, and (b) information that may be collected automatically while you use the Site, including, for example, your IP address, your IP host, session duration, and “click stream” data that tracks user activity in the Site.

We generally use or disclose the information we collect through the Site to conduct research on and to improve the Site, to perform customer service and support, to fulfill your requests for services, and to provide you with information regarding our services, including service-related announcements.

Blue Mountain Loans takes steps to protect the security of the personally identifiable information we collect including, for example, physical, electronic, and procedural safeguards.

Although the Site can technically be viewed by children, we do not knowingly request personally identifiable information from them nor does the Site publish content that is targeted to children. No information should be submitted to or posted at the Site by visitors under 18 years of age.

If you have a further question, please notify us by e-mail at service@bluemountainloans.com or by calling 833-289-6600. We will do our best to look into your request and respond promptly.

Links; Framing

Linking to any page of the Site other than to https://bluemountainloans.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Blue Mountain Loans. Any web site or other device that links to Blue Mountain Loans or any page available therein is prohibited from (a) replicating the Site, (b) using a browser or border environment around the Site, (c) implying in any fashion that Blue Mountain Loans or any of its affiliates are endorsing it or its Sites, (d) misrepresenting any state of facts, including its relationship with Blue Mountain Loans or any of its affiliates, (e) presenting false information about Blue Mountain Loans or services, and (f) using any logo or mark of Blue Mountain Loans or any of its affiliates without express written permission from Blue Mountain Loans. Except as set forth in the preceding sentence, or as otherwise authorized by Blue Mountain Loans in writing, links to the Site is prohibited. The Site may include links to other sites, some of them operated by Blue Mountain Loans and some of them operated by third parties. Under no circumstances shall Blue Mountain Loans be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site, or is linked to from this Site, or any services that may be offered through such web sites. Blue Mountain Loans has not necessarily reviewed any or all of the content of such other web sites, and we disclaim responsibility for the content and services available therein. Different terms and conditions may apply to your use of any linked sites. It is your responsibility to review any such terms and conditions in connection with your use of any such sites. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party.

No Warranties

None of Blue Mountain Loans, its parent, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “Blue Mountain Loans Parties”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Site and the Blue Mountain Loans. Parties disclaim liability for errors or omissions in the Site.

This Site and all of the content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Site. Blue Mountain Loans Parties do not warrant that the Site 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 this Agreement.

Blue Mountain Loans Parties may discontinue or make changes in the Site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and the Blue Mountain Loans Parties do not undertake any obligation or responsibility to update or amend any such information. Blue Mountain Loans Parties reserve the right to terminate any or all Site offerings or transmissions without prior notice to you. This Site could contain technical inaccuracies or typographical errors. Use of this Site is at your own risk.

Cookies

Some areas of this Site may use and require that your computer accept “cookies.” Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. Cookies make it possible and easier for you to access and use certain areas of this Site. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to visit certain areas of the Site.

Trademarks

The Site may employ various trademarks and service marks of Blue Mountain Loans and of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Ownership

You acknowledge that Blue Mountain Loans and its licensors have and shall retain exclusive ownership of all proprietary rights in or to the Site, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights, and trade secrets. This is a license agreement and not an agreement for sale. You shall have no right or interest in any portion of the Site except the right to use the Site as set forth in these Terms of Use. You acknowledge that the Software, Database, Content, Information, and Site constitute the valuable property and confidential copyrighted information of Blue Mountain Loans and its licensors (collectively, the “Proprietary Information”). You agree to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, (b) not challenge Blue Mountain Loans and its licensor’s ownership of (or the validity or enforceability of their rights in and to) the Proprietary Information, and (c) not remove, conceal, obliterate or circumvent any copyright or other notice or license, use or copying technological measure included in the Site. You shall be liable for any violation of the provisions of these Terms of Use by your employees, Independent Contractors, affiliates and agents and for any unauthorized use of the Site by such persons.

NOTICE — U.S. Government Rights/Commercial Technical Data and Software Unpublished, Rights Reserved Under the Copyright Laws of the United States

This Site contains commercial technical data and computer software that have been privately developed and are normally vended commercially under a license or lease agreement restricting their use, and disclosure. In accordance with FAR 12.211, 12.212, 27.405(b)(2) and 52.227-19 and DFARS 227.7202, 227.7102 and 252.227-7015, as well as other applicable supplemental agency regulations, use, disclosure and dissemination of this commercial technical data and computer software are governed strictly in accordance with Blue Mountain Loans commercial license agreements, including these Terms of Use.

Governing Law

These Terms of Use and your use of this Site shall be governed by the laws of the Kashia Band of Pomo Indians of the Stewarts Point Rancheria and applicable Federal law.

Limitation of Liability

Under no circumstances will Blue Mountain Loans 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 Site or any third-party site to which this site 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 Blue Mountain Loans or representatives thereof, are advised of the possibility of such damages, losses or expenses. Blue Mountain Loans Parties are not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this Site is to stop using the Site. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof

Your Liability

If you cause a technical disruption of the Site, you agree to be responsible for any and all liabilities, costs, and expenses (including reasonable attorneys’ fees and costs of enforcement) arising from or related to that disruption. Upon your breach of any term of these Terms of Use, Blue Mountain Loans remedies shall include any damages and relief available at law or in equity as well as interruption and/or termination of your access to the Site or any portion thereof and permanent deletion or destruction of all portions of the Site within your possession, custody or control. If Blue Mountain Loans retains any third party to obtain any remedy to which it is entitled under these Terms of Use, Blue Mountain Loans shall be entitled to recover all costs, including attorney’s fees or collection agency commissions, Blue Mountain Loans incurs.

Indemnity

You agree to indemnify, defend, and hold harmless the Blue Mountain Loans Parties from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your (and your users’) use of the Site, content submitted, misuse of any portion of the Site, or your violation of these Terms of Use. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. Blue Mountain Loans and any third party involved in creating, producing, or delivering the Site reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not, in any event, settle any such matter without the written consent of Blue Mountain Loans and any such third party.

Modifications to Site; Changes to these Terms

Blue Mountain Loans is continuously updating and changing the Site and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Blue Mountain Loans shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any part thereof). Additionally, we reserve the right, in our complete, sole, absolute, and unmitigated discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to the Site and these Terms of Use. Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes.

Miscellaneous

These Terms of Use contain the entire understanding of the parties with respect to the Site and supersede any prior oral or written statements and documents with respect to such subject matter; provided that these Terms of Use do not supersede any written license agreement between the parties. Your obligations hereunder are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) these Terms of Use or any portion hereunder, in whole or in part, without the prior written consent of Blue Mountain Loans. In the event any portion of these Terms of Use not being of a fundamental nature is held to be invalid, illegal or unenforceable, such part shall be deemed severed from these Terms of Use without invalidating the remaining provisions of these Terms of Use or affecting the enforceability of such remaining provisions. If a provision is held to be invalid, illegal or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. No waiver by Blue Mountain Loans of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at that time or a waiver of that or any other right, term, or provision of these Terms of Use at any other time. These Terms of Use apply to your use of the Site and not to any other areas, including, without limitation, Blue Mountain Loans research activities. Headings are for reference only. All notices to Blue Mountain Loans pertaining to these Terms of Use must be in writing, and sent via e-mail to service@bluemountainloans.com or by registered or certified mail, return receipt requested Loan Spot dba Blue Mountain Loans, Attn: Legal Department, PO Box 11781, Santa Rosa, CA 95406.

Force Majeure

The Website contains functionalities and services that allow sending, delivering or receiving information between users, which may be relayed or carried through Blue Mountain Loans, public, third parties’ or other networks, systems, servers, websites or applications (e.g. telephone and cellular networks, email servers etc.) (“Third Parties’ Network”). The Third Parties’ Networks are not controlled by Blue Mountain Loans in any way and Blue Mountain Loans shall not be responsible for the performance, availability, functionality, quality or reliability of any of the Third Parties’ Networks or the information sent, delivered, relayed, carried or received through the Third Parties’ Networks. Notwithstanding anything herein, Blue Mountain Loans does not warrant or guarantee that the information sent, relayed, carried or delivered through these Third Parties’ Networks will reach its destination or its correct address or recipient or that the details of the recipient or sender are correct or accurate. Blue Mountain Loans shall not be liable for, and excused from, any failure to deliver or perform, or for any delay in delivery or performance, due to causes beyond its reasonable control, after exercising its best commercially reasonable efforts to remedy any such failure or delay, including without limitation any government actions, fire, work stoppages, civil disturbances, interruptions of power or communications to Blue Mountain Loans or any facilities used by or for Blue Mountain Loans failure of internet, hosting, telecommunications, or other services to Blue Mountain Loans or facilities used by or for Blue Mountain Loans natural disasters, acts of God, or acts of terrorism or war.

Privacy

We care about the privacy of our Users. Our Privacy Policy is incorporated herein by this reference. By using the Site, you are consenting to have your personal data collected, used, transferred to and processed in the United States in accordance with our then-current Privacy Policy

Procedure for Making Notification of Claims of Copyright Infringement

Blue Mountain Loans and its affiliates respect the intellectual property of others, and we ask those posting or transmitting any content to or through the Site to respect copyright law. It is the policy of Blue Mountain Loans to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use this Site by individuals or entities that repeatedly submit infringing content in violation of these Terms of Use. If you believe that your work has been copied and is available on this Site or our other online services in a way that constitutes copyright infringement, you may notify Blue Mountain Loans according to the notice requirements of the Digital Millennium Copyright Act. Pursuant to 17 U.S.C. Section 512. Blue Mountain Loans DMCA registered agent can be reached via e-mail service@bluemountainloans.com or by certified mail, return receipt requested, to Loan Spot dba Blue Mountain Loans, Attn: Registered Agent, PO Box 11781, Santa Rosa, CA 95406.

Blue Mountain Loans is a brand of Loan Spot, 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, a sovereign federally recognized Indian tribe located in the United States. Loan Spot is licensed by the Kashia Lending Commission and its operations are subject to federal and Tribal consumer financial protection laws.

Blue Mountain Loans installment loans are not available to residents of all states and state availability may change from time to time without notice. Currently, residents of Arkansas, Connecticut, Massachusetts, Maryland, New York, Pennsylvania, Vermont, Virginia, District of Columbia and West Virginia are not eligible to receive a loan from Blue Mountain Loans.

Loans that are approved and accepted by 6 p.m. Pacific Time Monday - Friday, excluding bank holidays, for funding to a debit card, may be funded as soon as the same day. Loans that are approved and accepted, after 6 p.m. Pacific Time Monday-Friday, excluding bank holidays, as well as all loans approved and accepted for funding via ACH, are typically funded the following business day. Note that errors in your application, particularly with bank routing and account numbers, may impact our ability to fund and cause delays. In some cases, a customer service representative may contact you to verify your information before we can finalize and approve your loan. The maximum loan amount for your initial loan is $1,200. Not everyone will be eligible for, or approved for the maximum loan amount. We provide complete disclosures of APR, fees and payment terms in your consumer Loan Agreement.

You acknowledge that by completing and submitting a website application that you are applying for a Loan. We verify applicant information through national databases such as, but not limited to, Clarity, Experian, TransUnion, FactorTrust, DataX, and Equifax and we may pull your credit in order to determine your eligibility and ability to repay.

PLEASE NOTE: This is a very expensive form of borrowing. Blue Mountain Loans installment loans are designed to assist you in meeting your short-term borrowing needs and are not intended to be a long-term financial solution. Blue Mountain Loans does not charge prepayment penalties. Prompt repayment of your loan will reduce the overall cost associated with borrowing and is strongly recommended.

By providing a phone number and checking the box on the “Get Started” form, you are consenting to be contacted by SMS text message from Blue Mountain Loans. Consent to message is not required to utilize Blue Mountain Loans services. Message frequency may vary. Message & data rates may apply. Reply STOP to opt-out of further messaging. Reply HELP for more information. See our Privacy Policy and Terms of Service.