Terms & Conditions

UPDATED: July 31, 2018

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE EFOA IN CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING “TERMS AND CONDITIONS.” CLICKING ONTO WEB PAGES BEYOND THE WEBSITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY Email OR FAX. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.

WEBSITE OWNERSHIP: This website is owned and operated by the tribal lending agency of Rosebud Lending, a subsidiary of the Rosebud Economic Development Corporation, an economic development arm and entity of the Rosebud Sioux Tribe, a sovereign nation located within the United States of America and operating within the Tribe’s reservation. Rosebud Lending does business as ZocaLoans., which is referred to as “ZocaLoans” or “we” or “us” or “our.”

PERMITTED USE: You agree that:

1. Your use of this website is subject to and governed by these Terms and Conditions;
2. You will only access or use this website and transact business with us if you are at least 18 years old;
3. You will comply with and be bound by these Terms and Conditions as they appear on this website each time you access and use this website;
4. Each use of this website by you indicates and confirms your assent and agreement to be bound by these Terms and Conditions;
5. These Terms and Conditions are a legally binding agreement between you and ZocaLoans that will be enforceable against you.

ZocaLoans reserves the right at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

You agree that you will not use or attempt to use this website for any purpose other than conducting consumer lending and finance related business with ZocaLoans as a bona fide client of ZocaLoans; you may not use or attempt to use this website or any part of this site for any purpose:

1. that interferes with or induces a breach of the contractual relationships between ZocaLoans and its employees;
2. that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
3. that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications;
4. that transmits any harmful or disabling computer codes or viruses; that harvests Email addresses from this site;
5. that transmits unsolicited Email to this site or to anyone whose Email address included the domain name under on this website;
6. that interferes with our network services or attempts to gain unauthorized access to our network services;
7. that impairs or limits our ability to operate this website or any other person's ability to access and use this website; and/or
8. that uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting consumer lending and financing related business with ZocaLoans as a bona fide client of ZocaLoans;
9. that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
10. that dilutes or depreciates the name and reputation of ZocaLoans or any of its affiliates.

USE OF INFORMATION AND MATERIALS: The information and materials contained in these pages and the Terms and Conditions and descriptions that appear are subject to change at any time and without notice to you. Unauthorized use of ZocaLoanss’ websites and systems including but not limited to unauthorized entry into ZocaLoanss’ systems, misuse of passwords, misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by ZocaLoans and/or its affiliates.

COPYRIGHT AND TRADEMARKS: Copyright in the pages and in the screens displaying the pages, and in the information and material thereon and in their arrangement is owned by SkyFinancial unless otherwise indicated.

The Sky is the Limit and our logo design are trademarks and service marks of ZocaLoans and are used and registered throughout the United States. ZocaLoans and its subsidiaries also claim rights in certain other trademarks and service marks contained in these web pages.

You acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any web page content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, modify, adapt, reverse engineer or frame in any other web page, any web page content on these pages.

TESTIMONIALS: You acknowledge and agree that all testimonials submitted to ZocaLoans will become and remain our exclusive property, even if the provision of these Terms and Conditions are later modified or terminated. This means that you irrevocably grant to ZocaLoans the unrestricted right, now and in the future, without notice, compensation or other obligation to you or any other person, to use your statement, image, likeness, as they may be used, in any medium, in connection with any advertisement or for any other publicity purpose. You further agree that ZocaLoans may use any percentage of your testimonial, image, likeness and/or works in any way that it sees fit and may exclude your name or use a fictitious name herein.

LINKS: This site may contain links to websites controlled by or offered by third parties and non-affiliates of ZocaLoans. ZocaLoans hereby DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEB SITE. BY CREATING A LINK TO A THIRD PARTY WEB SITE, ZOCALOANS DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR IS ZOCALOANS LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF ZOCALOANS AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE ZOCALOANS SITE.

USER IDS AND PASSWORDS: Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website. You agree to notify ZocaLoans immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

COOKIES: "Cookies" are small data files transferred by a website to your computer's hard drive. ZocaLoans or its service providers send cookies when you surf our site or sites where ZocaLoans ads appear, make purchases, request or personalize information, or register yourself for certain services. Accepting the cookies used on our site, sites that are "powered by" another company on ZocaLoans’s behalf, or sites where our ads appear may give us access to information about your browsing preferences, which we may use to personalize and enhance your experience. Cookies are typically classified as either "session" cookies or "persistent" cookies. Session cookies do not stay on your computer after you close your browser. Persistent cookies remain on your computer until you delete them or they expire.

Generally, web browsers automatically accept cookies by default. You may prevent cookies or selectively accept cookies by adjusting the preferences in your browser. If cookies are not accepted, there may be some features of our site that will not be available and some Websites may not display properly. In most instances, however, a customer may refuse a cookie and still be able to navigate our website without issue.

A web browser is usually set to accept cookies automatically but can be changed to decline them. Information on how to adjust cookie preferences (e.g., preventing your browser from accepting new cookies, etc.) are located in the help and support section of your browser. In most cases, a visitor may refuse a cookie and still fully navigate our Website.

ZocaLoans does not store passwords or any other information about a visitor in a cookie that would identify them, locate them, and determine their preferences or their financial activity. Aggregated customer information may help us assess the performance of its website and develop strategies to maximize utility. This information may be provided to other companies, including but not limited to third party advertisers. This information does NOT include any personal details that can be used to identify individuals.

PRIVACY: For information on how ZocaLoans uses and protects the personal information you may provide through this website, please visit Privacy Policy.

ELECTRONIC DISCLOSURES: When you visit www.zocaloans.com or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to the website, about any of our products or services, or for such other purposes as we deem appropriate and permissible. Please make sure to review the Consent to Electronic Disclosures on this website.

COMMUNICATIONS WITH ZOCALOANS: Please DO NOT USE this website, chat, or email to communicate any time-sensitive instructions that are in any way related to or affect your loan, loan application or closing. Such instructions may not be honored. All transactions conducted on this website, chat or via email must be confirmed by us in writing to be accepted and binding upon us.

Loan approvals: all loan approvals, pre-qualifications, pre-approvals, and the like are only made by ZocaLoans in writing. Approvals, pre-qualifications and pre-approvals are conditional in accordance with their terms except as specifically provided for in writing and signed by ZocaLoans.

ACH Micro-Deposits: By applying for credit, you authorize us to initiate micro-deposit credit transfers to your bank account, as defined in your Loan Agreement so we can confirm that your account is open and active. If at any time you wish to revoke this authorization, you must contact us at support@zocaloans.com.

Consumer Reports: By applying for credit, you authorize us to obtain consumer reports about you now or in the future as long as you owe us money. We may report information about your performance under any loan agreement to credit reporting agencies. Late payments, missed payments and defaults may be reported. This may negatively impact your ability to receive loans or advances from other companies or to write checks.

Identity Verification: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. As a result, under our customer identification program, we must ask for your name, street address, mailing address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

ADDITIONAL TERMS: Certain sections or pages on this site may contain separate terms and conditions which are in addition to these terms and conditions. Additionally, other products or services offered by ZocaLoans, including those available through this site, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions. You agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers. In the event of a conflict, the additional terms and conditions will govern for those sections or pages or products.

AGREEMENT TO PROVIDE ACCURATE INFORMATION: In making a loan inquiry, application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current and complete information upon which ZocaLoans may rely.

YOUR COOPERATION NEEDED: ZocaLoans generally begins processing your application (which may include ordering an appraisal, credit report, title commitment and other necessary items) upon the submission of a full and complete application. If you submit an application, you agree to cooperate in the application process (including submitting all required documentation in a timely manner) and if needed, to obtain information ZocaLoans may need from third parties such as your bank, employer, current mortgage company, etc. In addition, you agree to notify ZocaLoans of any changes in any information submitted in connection with your application.

REASONABLE EFFORTS: While ZocaLoans will use all of its reasonable efforts to have your application fully processed on or before any anticipated closing date, some process are not under our control. For instance, ZocaLoans cannot be responsible for delays in loan approval due to: the untimely receipt of required documentation or any other matters beyond ZocaLoans’s reasonable control.

NO WARRANTY: THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". ZOCALOANS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

LIMITATION OF LIABILITY: IN NO EVENT WILL ZOCALOANS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, 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 ZOCALOANS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

GOVERNING LAW: The laws of the Rosebud Sioux Tribe (“Tribal Law”) will govern these Terms and Conditions, without regard to the laws of any state or other jurisdiction, including the conflict of laws rules of any state. You agree to be bound by Tribal Law, and in the event of a bona fide dispute between you and us, Tribal Law shall exclusively apply to such dispute.

SOVEREIGN IMMUNITY: These Terms and Conditions and this web site, together with any related documents are being submitted by you to us as a sovereign enterprise, an economic development arm and instrumentality of the Community which shares in the governmental sovereign immunity of the Tribe. Because we and the Tribe are entitled to sovereign immunity, you will be limited as to what claims, if any, you may be able to assert against us. To encourage resolution of consumer complaints, any complaint may be submitted by you or on your behalf to arbitration as described below.

PRESERVATION OF SOVEREIGN IMMUNITY: It is the express intention of the Community and us operating as an economic arm of the Community, to fully preserve, and not waive other than as expressly provided in this Agreement, our sovereign governmental immunity from suit, and any other rights, titles, privileges, and immunities, to which we or the Community are entitled. To protect and preserve the rights of the parties, no person may assume a waiver of sovereign immunity. No waiver is or can be made except by express written declaration of the Community’s governing Council specifically authorizing a waiver for the matter in question. Except as pertaining to a single, potential arbitration between you, as an individual consumer, and us, no such waiver has been made with respect to these Terms and Conditions or your use of this web site.

SEVERABILITY: You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.

ARBITRATION PROVISION:

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MUST BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION OR SIMILAR COLLECTIVE OR CONSOLIDATED PROCEEDINGS. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND THE ARBITRATOR’S DECISION IS FINAL AND BINDING. ARBITRATION PROCEEDINGS ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.

INDIVIDUAL CONSUMER ARBITRATION. Our goal is to use individual consumer arbitration as an efficient and cost-effective means of resolving any Dispute (as defined below). Both you and us have the right to seek resolution of any Dispute by submitting a demand for arbitration to Judicial Arbitration and Mediation Services, Inc. (JAMS) (www.jamsadr.com), or the American Arbitration Association (AAA) (www.adr.org), at the option of the party requesting arbitration. Disputes also may be referred to another arbitration organization if you and we agree in writing.

ARBITRATION PROCEDURES. Any arbitration shall proceed only under the streamlined, expedited, consumer or small-dollar commercial rules of the selected arbitration organization in effect when the arbitration claim is filed and as provided in this Arbitration Provision. However, if those rules conflict with this Agreement, then this Agreement shall control. To keep costs low, you may utilize telephonic or internet hearings available through the selected arbitration organization. Alternatively, if you chose, the arbitration hearing may conducted in your county of residence or any other location that you and we mutually agree is reasonably convenient. We adhere to and follow the Consumer Due Process Protocol of the AAA, which can be found at: http://www.adr.org/, and the JAMS Minimum Standards of Procedural Fairness for consumer arbitrations, which can be found at http://www.jamsadr.com/rules-consumer-minimum-standards. The arbitration panel shall consist of a single arbitrator chosen by the selected arbitration organization who shall be knowledgeable of the subject matter of the Dispute. No mediation shall be required. The arbitrator shall apply the laws of the Rosebud Sioux Tribe that govern this Agreement. Any arbitration award may be enforced in the courts of the Rosebud Sioux Tribe, or by our governmental regulator [spell out].

LIMITED WAIVER OF SOVEREIGN IMMUNITY FOR INDIVIDUAL CONSUMER ARBITRATION. Rosebud Lending LZO D/B/A/ ZocaLoans provides a limited waiver of sovereign immunity for the single and specific arbitration between you, individually, and us.

NO CLASS ACTIONS OR CONSOLIDATED ACTIONS. There shall be no right or ability for any Disputes to be arbitrated or litigated on a class-wide or collective basis. Similarly, the claims of more than one person may not be arbitrated or litigated jointly or consolidated with any other individual’s claims. ANY ARBITRATION OF ANY DISPUTE UNDER THIS AGREEMENT SHALL BE AN INDIVIDUAL CONSUMER ARBITRATION ONLY; NO CLASS ACTION ARBITRATION AND NO COURT ADJUDICATION WHATSOEVER SHALL BE AVAILABLE.

DISPUTE DEFINED. The word “Dispute” is given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to this Arbitration Provision, (“this Provision”), the validity and scope of this Provision and any claim or attempt to set aside this Provision; (b) all U.S. federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to this Agreement, the information you gave us before entering into this Agreement, including your customer information application, and/or any past loan agreements between you and us; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or federal constitution, statute or regulation; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against the Tribe, us and/or any of our employees, agents, directors, officers, governors, managers, members, parent company or affiliated entities (collectively, “related third parties”), including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (“Representative Claims”); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you.

All Disputes, including any Representative Claims against us and/or related third parties, shall be resolved by arbitration as provided in this Provision only on an individual basis with you. Any party to a Dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their Dispute and setting forth the subject of the Dispute along with the relief requested

THIS PROVISION IS BINDING. This Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Provision is binding upon and benefits the Tribe, the Community, us, our successors and assigns, and related third parties. This Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing.

THIS ARBITRATION PROVISION MEANS THAT:

YOUR RIGHT TO FILE SUIT AGAINST US FOR ANY CLAIM OR DISPUTE REGARDING THIS AGREEMENT IS LIMITED BY THIS PROVISION AND SOVEREIGN IMMUNITY; YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION FILED AGAINST US AND/OR RELATED THIRD PARTIES.

IF YOU ARE NOT COMFORTABLE DOING BUSINESS WITH A SOVEREIGN ENTERPRISE NOT SUBJECT TO SUIT IN ANY FORUM OTHER THAN THE INDIVIDUAL CONSUMER ARBITRATION ALLOWED UNDER THIS AGREEMENT, THEN DO NOT EXECUTE THIS AGREEMENT.