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Website Terms of Use

Revised 3.20.2014

PLEASE CAREFULLY REVIEW THESE TERMS OF WEBSITE USE BEFORE USING THIS SITE. BIG PICTURE LOANS REQUIRES THAT ALL VISITORS TO OUR WEBSITE (the "Site") ADHERE TO THE FOLLOWING TERMS OF WEBSITE USE. BY ACCESSING THE SITE YOU AGREE TO AND ACCEPT THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE USING THE SITE.

Big Picture Loans reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Website Use (the "Terms"), at any time. It is your sole responsibility to check these Terms periodically for any changes. Your continued use of the Site following the posting of changes will constitute your agreement with and acceptance of the changes.

You agree to use this Site for lawful purposes only. You are prohibited from using this Site or its content in a manner that would violate any applicable federal, state, local or Tribal law, regulation, rule or ordinance or that could give rise to any civil or criminal liability.

Information Provided on Website

The contents of this Site, including its look and feel (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under United States copyright, trademark and other intellectual property laws. The contents of the Site belong or are licensed to Big Picture Loans or its software or content suppliers. Big Picture Loans grants you the right to view and use the Site subject to these Terms. You may download or print a copy of information provided on the Site for your personal, non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Site, in whole or in part, for any other purpose, is expressly prohibited without our prior written consent. Big Picture Loans neither represents nor warrants that your use of materials displayed at the Site will not infringe rights of third parties. While Big Picture Loans uses reasonable efforts to include accurate and up-to-date information at the Site, we make no warranties or representations as to the Site's accuracy.

You understand that by posting materials on the Site or otherwise providing materials to Big Picture Loans, you are granting to Big Picture Loans a royalty-free, perpetual, irrevocable license to use this information in the course of offering our services. Furthermore, you understand that Big Picture Loans retains the right to reformat, excerpt or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom such content originated and that Big Picture Loans will not be liable for any errors or omissions in any content.

Site Security

As a condition of your use of this Site, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Big Picture Loans customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Big Picture Loans network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.

While Big Picture Loans uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. Big Picture Loans assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.

Privacy Disclosure

Big Picture Loans Loans's PRIVACY DISCLOSURE applies to your use of this Site, and its terms are made a part of these Terms by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, notwithstanding Big Picture Loans' efforts to protect such transmissions.

Linking

This site may contain links to sites maintained by third parties. Big Picture Loans is not responsible for the content of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any party who is associated with those sites. Please note that other websites and web pages linked to this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those websites and web pages when visiting them.

Disclaimers of Warranties

THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. ADDITIONALLY, BIG PICTURE LOANS DOES NOT WARRANT THAT THE SITE IS FREE FROM HARMFUL VIRUSES.

BIG PICTURE LOANS MAY AMEND OR MODIFY THE CONTENT OF THIS SITE WITHOUT NOTICE TO YOU OR ANY LIABILITY TO YOU. YOU USE THIS SITE AT YOUR OWN RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

Limitations of Liabilities

UNDER NO CIRCUMSTANCES WILL BIG PICTURE LOANS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF BIG PICTURE LOANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, ANY LINKED SITE, OR RESULTING FROM A DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, BIG PICTURE LOANS' MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE OR ITS CONTENT SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THE SITE.

Indemnity

By using the Site, you agree to defend, indemnify, and hold harmless Big Picture Loans from and against any and all losses, claims, damages, costs and expenses (including but not limited to reasonable legal and accounting fees) that Big Picture Loans may incur arising or resulting from your use of this Site, the content of the Site, or your breach of these Terms. Big Picture Loans reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Tribal Dispute Resolution Procedure

The Lac Vieux Desert Band of Lake Superior Chippewa Indians (“Tribe”) has established a Tribal Dispute Resolution Procedure to review and consider any and all types of complaints made by or on behalf of consumers arising out of the operation of its consumer financial services business (“Business”).  The Tribe values its customers and intends, at all times, to see that questions, concerns, issues, and/or complaints raised by consumer borrowers are addressed in a fair and orderly manner.  The Tribal Dispute Resolution Procedure is found at Section 9 of the Tribal Consumer Financial Services Regulatory Code, a copy of which may be found at  Tribal Consumer Financial Services Regulatory Code, or obtained upon request. The Tribe intends and requires, to the extent permitted by applicable law, for any complaint lodged, filed, or otherwise submitted by you or on your behalf to follow the Tribal Dispute Resolution Procedure. 

Under the Tribal Dispute Resolution Procedure, a consumer who, has already taken steps to resolve their complaint with the Business and who is dissatisfied with the determination of the Business, may seek administrative review of such decision by the Tribal Financial Services Regulatory Authority (“Authority”).  Any consumer seeking such administrative review must make a request in writing to the Authority, P.O. Box 249, Watersmeet, MI 49969, within ninety (90) days after receiving the Business’s  determination.  The Authority will investigate the facts and circumstances surrounding the consumer complaint and shall grant the consumer an opportunity to be heard either in person or by telephone within sixty (60) days after the Authority receives the consumer’s written request.  Consumers shall be provided notice of the date and time scheduled for the hearing by the Authority.  The consumer may be represented by legal counsel at the consumer’s own expense.  Within a reasonable time after an administrative review hearing the Authority shall issue a written decision and order regarding the consumer’s complaint.  A consumer may then appeal an Authority decision and order by filing a written petition for review with the Tribal Court within ninety (90) days after the Authority issued its decision and order.  Within a reasonable time after oral argument, the Tribal Court shall issue an opinion and order regarding the consumer’s complaint.  All opinions and orders of the Tribal Court shall be final and not subject to appeal.  Nothing within this Tribal Dispute Resolution Procedure shall be deemed or interpreted as a waiver of the sovereign immunity of the Tribe, or any wholly owned business entity operating as an economic arm of the Tribe, or any of their agents, principals, officers, employees or otherwise.

No Waiver of Sovereign Immunity

These Terms are being submitted to you by Big Picture Loans, LLC, P.O. Box 704, Watersmeet, MI 49969. Big Picture Loans is an economic development arm, instrumentality, and limited liability company of the Lac Vieux Desert Band of Superior Chippewa Indians. The Tribe is a federally-recognized Indian Tribe and enjoys governmental sovereign immunity. In its contract and dealings with you, the Tribe and Big Picture Loans intend to fully preserve, and not waive either in whole or in part, exclusive jurisdiction, sovereign immunity, or any and other rights, titles and privileges and immunities to which they are entitled.

Agreement to Pursue All Disputes Through the Tribal Dispute Resolution Procedure 
and Waiver of Jury Trial

All claims, demands, disputes or controversies between you and Big Picture Loans (its employees, officers, directors, members, agents or assigns), including disputes regarding the scope and validity of this section, and any loan you have had in the past, any loan you may now have, or any loan you may obtain in the future, shall be subject to the Tribal Dispute Resolution Procedure as provided above. If your loan application is approved and you enter into a loan agreement with us, this Tribal Dispute Resolution Procedure is incorporated into the loan agreement and made part thereof. You agree that YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY. This agreement shall apply to all claims, whether under common law or pursuant to Tribal, federal, state or local statute, regulation or ordinance, or for claims of fraud, misrepresentation or collection on the loan, and you specifically waive your right to bring, join or participate in any class action lawsuit in any federal court.

YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTE(S) BUT HAVE AGREED INSTEAD TO RESOLVE ANY DISPUTE(S) THROUGH THE TRIBAL DISPUTE RESOLUTION PROCEDURE.

Agreement to Not to Bring, Join or Participate in Class Actions

To the extent permitted by applicable Tribal and federal law, you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us, our employees, officers, directors, servicers and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay any attorneys' fees and court costs we might incur in seeking such relief.

Minors

This Site is not directed at children under the age of eighteen (18) and Big Picture Loans does not knowingly collect personal information at this Site from any child under the age of eighteen (18).

Content Submitted or Made Available for Inclusion at the Site

Big Picture Loans' policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, comments, questions or concepts that are offered or communicated to Big Picture Loans through this Site or otherwise shall become the property of Big Picture Loans and may be treated by Big Picture Loans as non-confidential and non-proprietary. Big Picture Loans shall have the unrestricted right to use and disclose such ideas, suggestions, know-how, comments, questions or concepts for any purpose without compensation or obligation to any party.

Conduct of Site Visitors

Although Big Picture Loans may from time to time monitor or review postings, transmissions, and the like on the Site (collectively, "Communication(s)"), Big Picture Loans is under no obligation to do so and assumes no responsibility or liability arising from the content of any Communications, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any Communication on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, rule or ordinance. Big Picture Loans retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing Big Picture Loans to disclose the identity of anyone posting any such information or materials.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Big Picture Loans shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers or promotions. It is also essential that users review the laws and regulations of the state they reside in prior to participating in any promotions advertised on this Site.

Notices

Big Picture Loans may give notice to its users by means of a general notice on this Site, email to a user's email address in our records, or by written communication sent by first class mail to a user's address in our records.

International Use

None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) to (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify Big Picture Loans against any all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.

Miscellaneous

If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion that is unlawful, void or unenforceable shall be stricken from these Terms. You agree that if Big Picture Loans does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Big Picture Loans has the benefit of under any applicable law), this will not be taken to be a formal waiver of Big Picture Loans' rights and that those rights or remedies will still be available to Big Picture Loans. All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of the Terms and the termination of the agreement(s) contained herein. These Terms represent the entire understanding and agreement between you and Big Picture Loans regarding your use of the Site and supersede all other previous agreements regarding same.

Contact

If you have any questions or concerns regarding this Site, please contact us by email at Legal@bigpictureloans.com or by phone at 1.800.584.4880.

 

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