If you submit an application with Pomo One the information you share with Pomo One will be shared with participating lenders in its network. If the lender accepts your application and approves you for credit, those credit terms will be set by that lender. Consequently, it is important that you read the lender’s credit terms carefully before you agree to them.
1. Our Relationship with You
1.1 The company. Pomo One is a marketing and information services company that is a wholly-owned economic development arm of a federally recognized Indian tribe, the Habematolel Pomo of Upper Lake (the “Tribe”). It operates the “Lend Wallet™” website and smart phone App to pair participating lenders with consumers seeking a credit product such as a short term unsecured consumer loan.
1.4 Trademarks. “Pomo One,” our logos, trademarks, service marks, trade names, and URLs associated with Pomo One and/or the Materials (collectively, “Trademarks”) are the property of Pomo One, and may not be copied, imitated, used or adopted, in whole or in part, except with the prior written permission of Pomo One (which consent rests in the sole and unfettered discretion of Pomo One). All other trademarks, registered trademarks, product names and company names or logos that may be mentioned in the website or smart phone App are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the written permission of the applicable trademark owner.
2. Eligibility and Sharing Personal Information
2.1 Eligibility.To be eligible for our Services, you must (i) be a resident of the United States; (ii) have full legal capacity to enter into a contract; and (iii) be an individual at least 18 years old. You further represent and warrant to us that when you provide personal information to us you are providing your own personal information so that we may share it with participating lenders and you are not acting on behalf of, or for the benefit of, anyone else.
2.3 Consent To Receive Text Messages/SMS/MMS. By providing us with your telephone number, you are also authorizing Pomo One to communicate with you via telephone and/or text messaging/SMS/MMS. You acknowledge that some phone charges may apply for text messaging/SMS/MMS, and that you are solely responsible for such charges. You have the right to opt-out of any of these communications methods at any time. To opt-out of receiving text messages/SMS/MMS from Pomo One, you can provide us of your desire to opt-out via e-mail at privacy@PomoOne.com or via U.S. mail by sending the request to: Pomo One, 635 East Highway 20 “M”, Upper Lake, California 95485.
2.4 Repeated Lender Search. If we are unable to locate a suitable lender for you immediately, we may offer you the option in which we continue to search for a suitable for up to twenty-four (24) hours and then notify you if we identify such a lender. If you consent to this repeated search option, you are also authorizing us to provide your personal information to potential lenders for this additional period of time.
3. Term; Survival
4. Restricted Activities
4.1 Restricted Activities.In connection with your use of our website(s), our smart phone App and/or the Services, or in the course of your interactions with Pomo One, or its agents or affiliates, you will not:
Breach any applicable law, statute, contract, or regulation;
Infringe Pomo One’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Act in a manner that is obscene, defamatory, libelous, unlawfully threatening or unlawfully harassing;
Provide false, inaccurate or misleading Information;
Fail to provide us with further information about you that we may reasonably request;
Receive what we reasonably believe to be potentially fraudulent or unauthorized funds;
Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
Use an anonymizing proxy;
Conduct your activities or use the Services in a manner that results in or may result in complaints, Disputes, Claims, fees, fines, penalties and other liability to Pomo One;
Undertake activity that does or may present to us a credit or fraud risk, a sudden increase in exposure, or a significant or otherwise detrimental level of exposure (as Pomo One Marketing, Inc. reasonably believes based on the information available to it);
Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
- Use our smart phone App in any manner other than as intended by Pomo One;
Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the Pomo One website(s) and/or smart phone App without our or any applicable third party’s written consent;
Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
Allow your use of the Service to present to Pomo One a risk of non-compliance with Pomo One’s regulatory obligations (including, without limitation, where we cannot verify your identity).
5. Your Liability – Actions We May Take
5.1 Actions by Pomo One.If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Pomo One, third parties, or you from fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- We may, at any time and without liability, suspend, block, limit, close or cancel your right to use the Services.
- We may request information from you or otherwise update inaccurate Information you provided us;
- We may refuse to provide our Services to you in the future;
- We may take legal action against you.
In addition, and without limiting the generality of the foregoing, you agree that you will indemnify and hold harmless the Pomo One Indemnitees from and against liabilities arising from all claims, actions, losses, liability, damages, costs and expenses (including reasonable attorneys’ fees and expenses) related to or arising from any loan-related products and/or any financial products or services provided to you by a third party, and/or any transactions entered into by you with a third party.
You agree that Pomo One may recover amounts you owe it through any legal means available to it.
6.1 Contact Pomo One.If a dispute arises between you and Pomo One, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Pomo One regarding our Services may be reported to Customer Service online via the “Email Us” link on the “Contact Us” page at any time. You may also contact us via the procedures in the smart phone App.
6.2 Disputes. We will follow and you agree to follow our policy of arbitrating all disputes, including the scope and validity of this Arbitration Provision. In general, binding arbitration is a process in which persons with a dispute waive their rights to file a lawsuit in a court and waive their rights to have a jury trial. Instead, the parties agree to submit their disputes to a neutral third person (an “arbitrator”) for a decision. Arbitration proceedings are private and less formal than court proceeding. Each party to a dispute has an opportunity to present their evidence to the arbitrator regarding the dispute. After considering each party’s evidence and arguments, the arbitrator then issues a final and binding decision resolving the dispute. As part of agreeing to arbitrate any dispute, you explicitly waive any right you may have to participate in any class action against us.
6.3 Preservation of Sovereign Immunity: Pomo One is an economic arm, instrumentality, and corporation owned by the Tribe. The Tribe is a federally-recognized Tribe and enjoys governmental sovereign immunity. 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 the Tribe and Us. Any complaint must be submitted by you or on your behalf to us as described below. It is the express intention of the Tribe and Us operating as an economic arm of the Tribe, to fully preserve, and not waive either in whole or in part, sovereign governmental immunity, and any other rights, titles, privileges, and immunities, to which we and the Tribe are entitled. To protect and preserve the rights of the parties, no person may assume a waiver of sovereign immunity.
THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
2. You acknowledge and agree that by entering into this Arbitration Provision:
a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
(b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and(c) 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 FILED AGAINST US AND/OR RELATED THIRD PARTIES.
3. All disputes including any Representative Claims against Us and/or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
4. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association (1-800-778-7879) http://www.adr.org or JAMS (1-800-352-5267) http://www.jamsadr.com. In the event AAA or JAMS is unavailable to provide arbitration services, the parties shall select a substitute arbitrator by mutual agreement. If no agreement can be reached by the parties, a substitute arbitrator shall be appointed by the Federal District Court for the Northern District of California pursuant to the Federal Arbitration Act. Pomo One agrees to allow appointment of an arbitrator by the above-named court only, does not grant jurisdiction to the court for any other purpose, and expressly retains all rights and privileges. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your decision to select an arbitration organization. If you fail to notify us, then we have the right to select an arbitration organization. The parties to such dispute will be governed by the laws of the Habematolel Pomo of Upper Lake and such rules and procedures used by the applicable arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision or the law of the Habematolel Pomo of Upper Lake, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above or by visiting their websites.
You have the right to request that arbitration take place within thirty (30) miles of Your residence or some other mutually agreed upon location, provided, however, that such election to have binding arbitration occur somewhere other than on Tribal land shall in no way be construed as a waiver of sovereign immunity or allow for the application of any other law other than the laws of the Habematolel Pomo of Upper Lake.
5. Regardless of who demands arbitration, we will advance your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator’s fees (“Arbitration Fees”) at your request. Throughout the arbitration, each party shall bear his or her own attorneys’ fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive Tribal law consistent with the Federal Arbitration Act (FAA), and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. If allowed by statute or applicable law, the arbitrator may award statutory damages and/or reasonable attorneys’ fees and expenses. If the arbitrator renders a decision or an award in your favor resolving the dispute, then you will not be responsible for reimbursing Us for Your portion of the Arbitration Fees, and We will reimburse you for any Arbitration Fees You have previously paid. If the arbitrator does not render a decision or an award in Your favor resolving the dispute, then the arbitrator shall require You to reimburse Us for the Arbitration Fees We have advanced less any Arbitration Fees You have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator’s award is final and binding and not appealable.
6. All parties shall retain the right to enforce an arbitration award before the applicable governing body of the Habematolel Pomo of Upper Lake Tribe (“Tribal Forum”). Both You and We expressly consent to the jurisdiction of the Tribal Forum for the sole purposes of enforcing the arbitration award. The Tribe does not waive sovereign immunity. Both You and We expressly agree that any such enforcement to be made against Pomo One shall be made solely against Pomo One and no other entity or arm of the Tribe or the Tribe itself. If the arbitrator renders a decision or an award it can be enforced through the Tribal Forum or through enforcement with the Federal District Court for the Northern District of California pursuant to the Federal Arbitration Act. Pomo One agree to enforcement of an arbitrator’s decision or award in the Tribal Forum or in the above-named court only, does not grant jurisdiction to the court for any other purpose, and expressly retains all rights and privileges.
7. This Arbitration Provision is made pursuant to a transaction involving both interstate commerce and Indian commerce under the United States Constitution and other federal and tribal laws. Thus, any arbitration shall be governed by the FAA and subject to the laws of the Habematolel Pomo of Upper Lake. If a final non appealable judgment of a court having jurisdiction over this transaction finds, for any reason that the FAA does not apply to this transaction then our agreement to arbitrate shall be governed by the laws of the Habematolel Pomo of Upper Lake.
8. This Arbitration Provision is binding upon and benefits You, Your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits Us, Our successors and assigns, and related third parties. This Arbitration Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration 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. If any of this Arbitration Provision is held invalid, the remainder shall remain in effect.
6.4 No Waiver.Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
6.5 Limitations of Liability. IN NO EVENT WILL POMO ONE, ITS AFFILIATED AND CONTROLLING ENTITIES, ITS DIRECTORS, EMPLOYEES, AGENTS OR OTHER PERSONS WHO ACT ON BEHALF OF POMO ONE AND/OR WHO ENTER INTO CONTRACTS WITH POMO ONE, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA (EVEN IF POMO ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, SMART PHONE APP OR SERVICES, THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR SMART PHONE APP, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM POMO ONE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO POMO ONE’S RECORDS, PROGRAMS OR WEBSITE. YOU ASSUME THE ENTIRE LIABILITY FOR THE SELECTION AND USE OF THE POMO ONE WEBSITE, SMART PHONE APP AND SERVICES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF POMO ONE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, SMART PHONE APP, AND SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO POMO ONE FOR ACCESS TO OR USE OF THE WEBSITE, SMART PHONE APP OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
7. No Warranty; Entire Agreement
You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Pomo One Services.
POMO ONE PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE WEBSITE, SMART PHONE APP OR THE MATERIALS. THE WEBSITE, SMART PHONE APP AND MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. POMO ONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE, SMART PHONE APP, AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. POMO ONE DOES NOT REPRESENT OR WARRANT THAT MATERIALS OR THE WEBSITE AND SMART PHONE APP ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE POMO ONE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND SMART PHONE APP SAFE, POMO ONE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SMART PHONE APP OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Pomo One reserves the right to change any and all content contained in the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Pomo One.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
- “Calendar Year” means 1 January to 31 December inclusive in any year.
- “Days” means calendar days.
- “Information” means any confidential and/or personally identifiable information or other information related to you, including but not limited to the following: name, email address, post/shipping address, phone number and financial information.
- “Services” means the products, services, portals, smart phone App, and websites offered or available to you by Pomo One.
- “Pomo One website(s)” means any URL through which we provide the Services to you.
- “Policy” or “Policies”means any Policy or other agreement between you and Pomo One that you entered into on the Pomo One website(s), or in connection with your use of the Services.
- “Policy Update”means a prior notice of Changes that Pomo One may make available to you in writing.