Terms and Conditions

These terms and conditions (“Terms and Conditions”) are provided on behalf of Deer Creek Lending and its partners (“we”, “us”, “our”). By accessing or using deercreeklending.com, including any pages thereof (the “Site”), you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions, regardless of whether you are a registered user of our products or services (each a “Service” collectively, referred to as “Services”). If you do not agree to these Terms and Conditions, you should not access or use the Site or Services. In the event of a conflict between these Terms and Conditions and a specific agreement that governs a loan or other financial product (such as a Loan Agreement), the terms of the specific agreement will control as it relates to that product or service.

We may modify these Terms and Conditions from time to time. Updates to these Terms and Conditions will become effective immediately upon posting on this Site. We encourage you to review these Terms and Conditions regularly to remain informed of any updates. Your continued use of the Site following the posting of changes will constitute your understanding and acceptance of the revised Terms and Conditions.

This Site is intended solely for users who are 18 years of age or older, and any registration or use of the Site by anyone under 18 is unauthorized and in violation of these Terms and Conditions. By using the Site, you represent you are 18 or older and that you agree to abide by these Terms and Conditions. If you violate any of these Terms and Conditions, or violate any other agreement with us, we may terminate your registration and/or prohibit you from using or accessing our Services or the Site.

You may have the opportunity to register for an account and apply for a loan through the Site. When doing so, you agree to provide information that is current, complete, and accurate. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to reject or cancel your account registration, reject any application you have submitted, terminate any agreement we have with you, and restrict your future use of the Site and our Services. We reserve the right to decline any application for a loan in accordance with our underwriting policies, eligibility requirements, and applicable law.

To access certain Services, you will be required to register and create an account on the Site. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you become aware of any unauthorized use of your password or account, please contact us immediately. Access to certain portions of the Site may require you to log in using your registered credentials.

By submitting information or content through the Site, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such information in connection with providing our Services, subject to the terms of our Privacy Policy. We have the right to review, delete, edit, modify, reformat, excerpt, or translate any of your contact information. You are solely responsible for the content and information you make available through or in connection with our Services. You agree that you will not post or transmit any false, misleading, unlawful, or harmful information in connection with the Services.

All the information and content posted on the Site or privately transmitted through the Site or via other means in connection with our Services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omissions in any information or content posted by a user.

You agree to abide by all applicable laws and regulations in your use of the Site and our Services. In addition, you agree that you will not do any of the following:

• Register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
• Provide false, misleading, or fraudulent financial information, misrepresent your identity, or attempt to circumvent our underwriting procedures;
• Post or make available content constitutes libel, slander, copyright or trademark infringement, violates privacy rights, or is otherwise unlawful;
• Post content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, objectionable in any way, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type;
• Post unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
• Use Site information to send unwanted messages;
• Impersonate any person or entity, or misrepresent your age, affiliation, or identity;
• Post personal or financial information of any third party without authorization;
• Solicit personal information from minors or use any Site content for commercial or unlawful purposes;
• Attempt to damage, disable, overburden, impair, or bypass security of the Site or our Services;
• Harvest or collect users’ contact information using automated scripts or other methods;
• Post material containing viruses or malicious code intended to disrupt software, hardware, or telecommunications.

All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, “Content”), other than User Content, are the property of the Iipay Nation of Santa Ysabel, a federally recognized sovereign American Indian tribe in Santa Ysabel, California (“Tribe”) and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners, or other respective  owners and are protected, without limitation, pursuant to copyright, trademark, and other applicable laws. No Content (other than your own User Content) may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast, or circulated to any third party without our express prior written consent. Violations may result in termination of access and/or legal action.

“Deer Creek Lending” and all related logos (collectively, the “Trademarks”) constitute our trademarks or service marks. Other company, product, and service names and logos used and displayed on this Site may also be trademarks or service marks owned by us or third parties. You may not use, copy, display, distribute, modify, or reproduce any of the Trademarks on the Site without prior written authorization. Use of any of the Trademarks as part of a link to or from any site is strictly prohibited unless we provide advance written consent. In addition, all page headers, custom graphics, button icons, scripts, and other visual or functional elements on the Site constitute our service marks, trademarks, and/or trade dress. You may not copy, imitate, or otherwise use these elements without our express prior written consent. Any questions regarding Trademarks, or the ownership of marks or logos on the Site should be directed to us for clarification.

All right, title, and interest in and to the Website, its content, our Services, the technology related to our Services, and any derivative or content created from the foregoing, are the exclusive property of the Tribe, Deer Creek Lending, or our licensors.

If you believe that any material on the Site infringes a copyright that you own or control, you may submit a written notification to us via customerservice@deercreeklending.com or mail to 21977 Hwy 79 - 657, Santa Ysabel, CA 92070. Your notification should include the following information:

• A statement confirming that you are the owner or authorized to act on behalf of the owner of the copyrighted work;
• Identification of the copyrighted work(s)you claim have been infringed;
• Identification of the material on the Site that you claim is infringing, including sufficient information to allow us to locate the material;
• Your contact information, including a valid email address; and
• A statement that the information in your notification is accurate and that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.

The Site may contain links to third-party websites for informational purposes or as a convenience to users. We do not control, endorse, or assume responsibility for the content, privacy practices, security measures, or terms and conditions of any linked third-party websites. Before providing any personal or financial information on a third-party website, we recommend you review that site’s privacy policy and terms of use.

The collection, use, and disclosure of personally identifiable information (“PII”) through the Site and our Services are governed by our Privacy Policy. By using the Site and our Services, you acknowledge and agree to the terms outlined in the Privacy Policy, which can be accessed here.

The Site and our Services are provided on an “as is” basis without any express, implied, or statutory representations or warranties. Any estimates, examples, or illustrative information provided on the Site may differ from actual amounts. We reserve the right to correct any errors that we identify, including errors in calculating loan rates, fees, or APR. If such error affects your loan, we will notify you and provide you the corrected information. You agree to provide any additional consent reasonably necessary to implement such corrections.

ALTHOUGH WE WILL USE REASONABLE EFFORTS TO PROVIDE AN ACCURATE SITE/SERVICES, ALL ASPECTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND THIRD-PARTY SUPPLIERS (COLLECTIVELY, THE “PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, TO THE SITE, SERVICES, ANY DOCUMENTATION PROVIDED OR MADE AVAILABLE TO YOU, AND ANY OTHER SERVICES AND RELATED MATERIALS AND/OR SERVICES PROVIDED TO YOU BY ANY OF THE PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (I) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND WORKMANLIKE EFFORT; (II) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR SERVICES OR ANY ASPECT THEREOF; (III) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (IV) THE SITE OR SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY PARTY; AND (V) THAT ACCESS TO OR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND/OR SERVICES IS AT YOUR OWN RISK AND THE PARTIES MAKE NO WARRANTIES. THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS AND CONDITIONS.

You agree that all access to and use of the Site, its content, and the Services is at your own risk. Neither we nor any third party involved in creating, producing, or delivering the Site or Services shall be liable for any direct, indirect, special, consequential, or punitive damages arising from your use of, or reliance on, the Site or Services, including any errors, omissions, or inaccuracies.

WE WILL NOT BE HELD LIABLE FOR ANY DEFECTS, FAULTS, INTERRUPTIONS, OR DELAYS IN THE OPERATION OR TRANSMISSION OF SERVICES, OR ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE OR SERVICES. TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES SHALL BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN CONNECTION WITH THE SITE OR SERVICES, THESE TERMS AND CONDITIONS, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT, OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend and hold us harmless from and against any and all third-party actions, suits, claims and/or demands and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), to the extent arising out of or relating to: (i) your submitted content; (ii) violation of applicable law; (iii) your negligence or willful misconduct; (iv) your use or misuse of the Services or Site; (v) your breach of these Terms and Conditions. You are required to reasonably cooperate in the defense of any such claim or demand. To the extent permitted by applicable law, we and any third party involved in creating, producing or delivering the Site or Services reserve the right, at our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not, in any event, settle any such matter without our prior written consent and any such third party.

1. We reserve the right, in addition to any other remedies available to us, to terminate, discontinue, suspend, or restrict the Service, your account/profile, or your ability to access, visit, or use the Service or any portion thereof, or the Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit, or use the Service or any portion thereof, or the Agreement, we reserve the right, in addition to our other remedies, to reassign, or allow another user to use, your password or User ID.
2. If your account/profile or access to the Service is terminated, suspended, or restricted, by you or by us, copies of information related to your account/profile or Content or User Content you have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service, may continue to be retained and remain viewable by us, our licensors, vendors, service providers, or other third parties, to the extent permitted by applicable law. We have no obligation to retain, store, or provide you with any such information except as required under applicable law. Provisions of this Agreement that, by their nature, should survive termination will remain in effect.

1. The communications between you and us, and/or you and any other user or third party utilizing the Service, generally  use electronic means, whether you access, visit, or use the Service, send messages, or whether we, other users, or other third parties post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us, other users, and/or other third parties using the Service in electronic form, including but not limited to e-mail; and (b) agree that all notices, documents, disclosures, and other communications that we, other users, and/or other third parties provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so, applies to all of your interactions and transactions with us, other users, and/or other third parties utilizing the Service.
2. You understand and agree that joining the Service may include receiving certain communications from us, other users, and/or third parties using the Service, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile, and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.
3. By providing your phone number, you agree to receive calls and/or texts for marketing purposes, or servicing and informational purposes related to your account, from Deer Creek Lending and its authorized representatives (including, but not limited to and any subsidiaries, affiliates and assigns.) This consent is not required to obtain goods or services from Deer Creek Lending. Message and data rates may apply.
4. Deer Creek Lending does not knowingly or purposefully engage in the direct selling of customer phone numbers or other related short code data for the purposes of direct third-party marketing to Deer Creek Lending customers without customers’ express consent, including for the purpose of direct marketing campaigns banned by carriers and/or other similar campaigns.

You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit, and/or use the Service via your Device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content or User Content for use with the Service (collectively, the "Mobile Participants"). We do not represent, warrant, or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other Devices, or via all carriers and service plans, or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that:

• The Agreement is between us and you; the Mobile Participants are not parties to the Agreement;
• The Mobile Participants and their parents, subsidiaries, and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you;
• The license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant's applicable usage rules;
• Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service;
• In the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service);
• Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs, or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and
• In the event of any third-party claim that the Service or your possession, access, visitation, and/or use of the Service, infringes such third party's intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement, and/or discharge of such claim.

1. The Service is based in the United States. It is not designed, customized, or intended for, or directed to, any other country. Those who choose to access, visit, and/or use the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, or guarantee that the Service, or any merchandise, products, services, and/or Content or User Content available on or through the Service, are appropriate, available, or legal in any particular geographic location.
2. In any dispute between us, your sole remedy is to stop using your account/profile and/or the Service. This includes any dispute related to or arising out of:
   • Rules, restrictions, limitations, terms, and/or conditions that apply to the Service, whether listed in this User Agreement, posted at various points in the Service, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules;
   • Any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices;
   • Any Content or User Content available on or through the Service, or any edits, deletions, additions, or other changes thereto;
   • Your ability or inability to access, visit, and/or use portions of the Service, or the Service as a whole, or features, functionality, and/or Content or User Content available on or through the Service.
3. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. If we have a dispute that we are unable to resolve, you and Deer Creek Lending agree to confidential, binding arbitration using J.A.M.S. You may send a demand for arbitration to customerservice@deercreeklending.com. The applicable rules of the arbitration forum you select will apply. You are giving up your right to a trial by jury or class action or similar relief. You have all other rights and remedies under applicable law. We will not object if you wish to use small claims court. An arbitration administrator and arbitrator may waive or reduce its fees for financial hardship. The arbitration will occur at J.A.M.S. office at 8401 N. Central Expressway, Dallas, TX 75225.
4. You have the right to reject this arbitration agreement, in which event neither you nor we will have the right to require arbitration of any disputes. Rejection of this arbitration agreement will not affect any other aspect of this Agreement or your interactions with the Service. In order for you to reject this arbitration agreement, we must receive a signed writing ("Rejection Notice") from you within 30 calendar days of the day you first visit the Deer Creek Lending site and receive notice of the Agreement, stating that you reject the arbitration agreement. The Rejection Notice must include your name, address, and Customer Number, and must be mailed to us at: Deer Creek Lending Attn: Legal Department 21977 Hwy 79 - 657, Santa Ysabel, CA 92070 by mail, return receipt requested. Upon receipt of your Rejection Notice, and if requested by you, we will refund your postage cost. If you reject this arbitration agreement, that will not constitute a rejection of any other arbitration agreement between you and us.
5. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate to prevent or correct violations and enforce this User Agreement. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under this User Agreement.
6. You agree that, regardless of where you access, visit, and/or use the Service, all issues concerning the construction, validity, interpretation, and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States, in the particular State where the Service is headquartered in California, without regard to any principles of conflict of laws. Any disputes that are not arbitrated or otherwise result in court action will be resolved exclusively by a federal court located in the U.S. State where the Service is headquartered, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of the U.S. State where the Service is headquartered, and any other laws, the conflict will be resolved in favor of the laws of such U.S. State where the Service is headquartered. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) and shall not include any indirect, punitive, incidental, and/or consequential damages.
7. If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.

You agree and understand that this is your electronic signature. All electronic signatures are the legal equivalent of your manual/handwritten signature. You further agree your signature on this document and any subsequent documents is as valid as if you signed the document in writing. This is to be used in conjunction with the use of electronic signatures on all forms or webpages regarding any and all future documentation with a signature requirement, should you elect to have signed electronically.

Under penalty of perjury, your electronic signature, and all future electronic signatures, were signed by yourself with full knowledge and consent and are legally bound to the terms and conditions. To opt out of electronic signature, please call us at (877) 522-3337.

These Terms and Conditions shall be governed in all respects by the laws of the Iipay Nation of Santa Ysabel, a federally recognized sovereign American Indian tribe in California and applicable tribal and federal law.

Your obligations under these Terms and Conditions are binding on your successors, legal representatives, and permitted assigns. You may not assign or transfer (by operation of law or otherwise) your right to use the Site or Services or any aspect hereunder, in whole or in part, without our prior written consent.

Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing and signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default pursuant to the Agreement.

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

You may exercise the following rights, subject to legal limitations and applicable exceptions, via our Privacy Policy at deercreeklending.com/privacy-policy/ or by calling (877) 522-3337.

• Right to Know: You have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting the personal information, and the categories of third parties with whom we have shared or sold your personal information (“Categories Report”). You may also request information about the specific pieces of personal information we have collected about you (“Specific Pieces Report”).
• Right to Delete: You have the right to request that we delete personal information that we have collected from you.
• Right to Opt Out: You have the right to opt out of the sale of your personal information. To fully exercise the Right to Opt Out, you must submit an Opt-Out of Sale/Sharing request through customerservice@deercreeklending.com.

To the extent required by law, we will honor opt-out preference signals sent in a format commonly used and recognized by businesses, such as an HTTP header field or JavaScript object. We will process opt-out preference signals at the browser level.

Please contact us at (877) 522-3337 or customerservice@deercreeklending.com and/or mail us at 21977 Hwy 79 - 657, Santa Ysabel, CA 92070 with any questions regarding these Terms and Conditions.