Terms of the Website Use

 

In these Terms of Website Use (the "Terms"), the words "You" and "Your" mean the visitor. The words “Big Picture Loans,” "We", "Us", and "Our", mean Big Picture Loans, LLC. Big Picture Loans is a wholly owned subsidiary of Tribal Economic Development Holdings, LLC, a wholly owned and operated economic arm and instrumentality of the Lac Vieux Desert Band of Lake Superior Chippewa Indians ("Tribe"), created for the benefit of the Tribe and operating pursuant to Tribal law. Big Picture Loans is licensed and regulated by the Tribal Financial Services Regulatory Authority, an independent regulatory body of the Tribe. Big Picture Loans operates in accordance with the Lac Vieux Desert Band of Lake Superior Chippewa Indians Tribal Consumer Financial Services Regulatory Code ("Code"). A complete copy of the Code can be found at Tribal Consumer Financial Services Regulatory Code.pdf.

PLEASE CAREFULLY REVIEW THESE TERMS BEFORE USING THIS WEBSITE (the "Site"). BIG PICTURE LOANS REQUIRES THAT ALL VISITORS TO OUR SITE ADHERE TO THE FOLLOWING TERMS. BY ACCESSING THE SITE, YOU AGREE TO AND ACCEPT THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, 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 the Terms, at any time. It is Your sole responsibility to check the 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 Tribal, federal, state, or local law, regulation, rule or ordinance or that could give rise to any civil or criminal liability.

Information Provided on the Site

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 may be 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 the 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 on the Site will not infringe rights of third parties. While Big Picture Loans uses reasonable efforts to include accurate and up-to-date information on 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.

General Description of My Account Features

My Account is a service available to Big Picture Loans’ customers. You may use My Account to apply for a new loan or make one-time or recurring payments on Your loan. If Your loan is in delinquent status some of these features may not be available to You.

Copies of Documents. You may print any page from My Account or print or download any electronic notice or communication We provide to You in Our Site if You satisfy the hardware, software and other requirements described in the Consent to Electronic Communications and the Terms. You may request a paper copy of the Terms or any recurring payment authorization by contacting Us at 1-800-584-4880 or at Support@BigPictureLoans.com. We will provide the copies to You free of charge.

Using My Account for loans in Current Status.

a. Full Prepayment. You can prepay this loan in full before its maturity date without penalty and doing so may reduce the Finance Charges You owe under this Agreement. If You prepay in full during any installment period, You will be required to pay the interest accrued until the payment’s effective date but may reduce the Finance Charges detailed in Your Loan Agreement. The payment amount will also include, any missed payment and fees due. If You decide to prepay in full, You must contact Us to get the payoff amount as the payoff balance changes based on when You pay off Your loan, and Your payment history.

b. Partial Prepayment. You can make a partial payment towards Your current amount due under Your Payment Schedule only if Your account is in current status. To process a partial prepayment, Your prepayment request must be received AT LEAST 2 business days before Your current Due Date. This amount will be applied to Your current amount due. Your partial prepayment will be applied first to interest, and then to principal. If the partial prepayment amount satisfies Your current amount due, then Your current scheduled payment will not be processed. If the partial prepayment amount is less than the amount due on Your Payment Schedule, the difference between the partial prepayment and the amount due under Your Payment Schedule will be debited on Your Due Date. If the partial prepayment amount is more than the amount due on Your Payment Schedule, the difference between the partial prepayment and the amount due under Your Payment Schedule will be applied towards Your principal balance.

c. Principal Prepayment. You can make payments towards Your principal balance only if Your account is in current status. A payment towards Your principal balance is in addition to the amount You are required to pay according to Your Payment Schedule. Your principal payment can be processed on or before Your Due Date. To process a principal payment on Your current Due Date the payment request must be received AT LEAST 2 business days before Your current due date.

Using My Account for loans in Delinquent Status. If Your loan is in delinquent status some of these features may not be available to You. You may be able to authorize a one-time or recurring payment in any amount that is at least $5.00. We will debit Your bank account in the amount that You authorize. You promise that You have the authority to authorize Us to debit the scheduled payment(s) from the bank account You have chosen.

Insufficient Funds. Funds must be available in Your bank account when an ACH debit is processed. If a scheduled payment fails because Your bank account has insufficient funds, You are not relieved of Your responsibility to timely pay any amount then due in accordance with the terms and conditions of Your Agreement and may incur additional fees.

Revocation of Payments. You may terminate or revoke a payment by contacting Us in writing at Support@BigPictureLoans.com or by phone at 1-800-584-4880 or by fax to 1-800-688-8706. Revocations will be processed in the order in which they are received. Big Picture Loans cannot stop a payment in process. Revocations must be received at least three (3) business days prior to when You wish to terminate the authorization to allow for sufficient processing time. We cannot stop a payment in process.

Fees for Use of My Account. Right now, We will not charge You any monthly or payment transaction fees to use My Account.

Accuracy of Information. You represent and agree that all information You provide to Us regarding My Account is true, correct and complete. You agree not to misrepresent Your identity or Your authority to view statements and other information or to schedule an electronic payment using My Account. You represent and agree that You are responsible for any harm or damages resulting from Your sharing of Your My Account information with third parties.

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. 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.

Website Privacy

It is the policy of Big Picture Loans to respect the privacy of its users. In using the Site You recognize and accept that We may disclose and transfer any information that You may provide Us or that may be generated in Your use of the Site: (1) to comply with legal requirements or procedures or if We have a legal right to disclose it; (2) to protect and defend the rights or property of Big Picture Loans; (3) to comply with these Terms; (4) to any person or entity as You may authorize Us to do so; or (5) as permitted by Big Picture Loans’ PRIVACY NOTICE, which applies to Your use of this Site, and its terms are made a part of the Terms by 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 MEMBERS, AFFILIATES, 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' SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS SITE OR ITS CONTENT.

Indemnity

By using the Site, You agree to defend, indemnify, and hold harmless Big Picture Loans, its members, affiliates, directors, officers, employees, agents, contractors, successors and assigns (“Big Picture Loans Indemnified Parties”) 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 Indemnified Parties 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 Indemnified Parties reserve the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.

Sovereign Lender

This Site is made available to You by Big Picture Loans at its office on Tribal land. Because Big Picture Loans is an arm of the Tribe, You may be limited in what claims, if any, You may be able to assert against both the Tribe and Us. To encourage resolution of consumer complaints as well as provide an authorized method of dispute resolution for consumers, pursuant to Section 9 of the Code, all complaints lodged, filed, or otherwise submitted by You or on Your behalf must follow the Tribal Dispute Resolution Procedure, as described herein.

Preservation of Sovereign Immunity

It is the express intention of the Tribe and Big Picture Loans, operating as an economic arm-of-the-tribe, to fully preserve, and not waive either in whole or in part, exclusive jurisdiction, sovereign immunity, and any other rights, titles, privileges, and immunities, to which they are entitled. To protect and preserve the rights of the parties, no person may assume a waiver of immunity exists except by express written resolution of the Tribe's Tribal Council specifically authorizing such a waiver as required by Article XIII of the Tribe’s Constitution specifically for the matter in question.

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). By using this Site You represent and warrant to Big Picture Loans that You are at least 18 years of age.

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.

 

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. In order to receive electronic communications, you will need a working connection to the Internet. Your browser must support the Secure Sockets Layer (SSL) protocol and (at least) 128 bit encryption. SSL provides a secure channel to send and receive data over the Internet through HS encryption capabilities. Microsoft Internet Explorer 10 or above, Mozilla Firefox 28 or higher, or equivalent software support this feature. You will also need a printer connected to your computer to print disclosures/notices. We do not provide ISP services. You must have your own Internet Service Provider.

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 support@bigpictureloans.com or by phone at 1.800.584.4880.

08/28/18 

 

 
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