Terms and Conditions

The Gan Eden Group, doing business as The Gan Eden Group, owns and operates this website. The Gan Eden Group is a subsidiary agency of Wakpamni Lake Community Corporation, an arm and entity organized under and governed by the laws of the Oglala Sioux Tribe of the Pine Ridge Reservation. The Gan Eden Group provides and maintains this website for your information, conditioned on your acceptance, without modification, of these Terms of Use ("Terms"). By accessing and using this website, you accept and agree to the following terms and conditions without limitation. Please see the section on SMS Disclosures and Terms below for terms and conditions that specifically apply to SMS and text messaging.

NOTICE: Short term lending products provide the cash needed to meet an immediate short-term cash flow problem. It is not a solution for longer term financial problems for which longer term financing may be more appropriate. You may want to discuss your financial situation with a non-profit financial counseling service in your community.

RESTRICTIONS

You must be 18 years or older and be a legal resident of the US to submit a loan request at The Gan Eden Group website. You agree not to use this website or any content contained in it for any illegal or inappropriate activities.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this website and your purchase or use of any products or services through The Gan Eden Group. The Gan Eden Group may (but is not required to) investigate any actual or perceived violations of law and may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. You agree to cooperate fully with any investigation. Violations of these Terms or the Privacy Policy could result in criminal or civil penalties.

INTELLECTUAL PROPERTY

The trademarks, titles, characters, trade names, graphics, designs and other properties, including all software, text and images appearing on this site are protected intellectual properties owned by The Gan Eden Group, its licensees, or other third parties who have authorized use of such properties on this website. The Gan Eden Group grants you permission to view and make copies of pages related to any loan you have with The Gan Eden Group. The Gan Eden Group reserves all other rights in and to this website and its contents. Except for the limited purpose stated above, you may not distribute, display, transmit or disseminate any documents, pages, images, materials or content from this Website without the prior written consent of The Gan Eden Group. Except as expressly provided on this website, nothing contained on this website shall be construed as conferring to you or any other third party any right or license under any trademark, copyright or other intellectual property right.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

The Gan Eden Group uses commercially reasonable efforts to ensure that the information on this website is accurate, but cannot guarantee such accuracy. The Gan Eden Group makes no representations regarding the use or results of any content on this website as to its accuracy, reliability or any other matter. NEITHER The Gan Eden Group NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE. EVERYTHING ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. These exclusions and limitations are applied to the fullest extent permitted by law.

PRIVACY

The Gan Eden Group's Privacy Policy, incorporated herein by this reference, is applicable to any data supplied through this website. The Privacy Policy sets out your rights and The Gan Eden Group's responsibilities regarding your personal information. The Gan Eden Group will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that The Gan Eden Group, in its sole discretion, may modify its Privacy Policy and that your use of this website after such changes are posted is your acceptance of such changes. If you do not want to be bound by changes to the Privacy Policy, you must terminate use of this website.

SECURITY

The Gan Eden Group utilizes secure technology to protect your personal information but absolute protection cannot be guaranteed nor can The Gan Eden Group guarantee that information will not be intercepted or decrypted by others. The Gan Eden Group accepts no responsibility for such interception or decryption.

PASSWORDS

You are responsible for safeguarding the password you use to access this website and for any activities or actions taken under your password. The Gan Eden Group will not be liable for any loss or damage arising from your failure to comply with this paragraph.

LAW AND VENUE

By using this website, you consent to the laws and jurisdiction of the Oglala Sioux Tribe as it relates to your use of this website. The Oglala Sioux Tribe is a federally recognized Indian Tribe, and as such, the Tribe and its chartered companies (including The Gan Eden Group) are not subject to civil suit in any forum whatsoever absent an express waiver of sovereign immunity. You agree that any legal action brought against The Gan Eden Group shall be governed by the laws of the Oglala Sioux Tribe without regard to conflict of law principles and that the sole jurisdiction and venue for any litigation arising from your use of this website shall be the in the tribal courts of the Oglala Sioux Tribe. These Terms are governed by and construed in accordance with the laws of the Oglala Sioux Tribe without regard to conflict of law provisions. Neither your use of this website nor anything contained in these Terms shall be construed or deemed a waiver, impliedly or otherwise, of sovereign immunity.

MODIFICATION

The Gan Eden Group reserves the right to modify these Terms from time to time. Your use of this website after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions.

INDEMNIFICATION

By using this website, you agree to indemnify and hold The Gan Eden Group, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use or attempted use of this website.

VIOLATION OF THE TERMS OF USE

By using this website, you understand and agree that The Gan Eden Group may, at its sole discretion and without prior notice, terminate your access to this website, to any services offered on this website, and may delete any data you have posted or uploaded to this website.

MISCELLANEOUS

All rights not expressly granted are reserved to The Gan Eden Group. The headings used in these Terms are intended for convenience only and shall not affect the construction and interpretation of these Terms. The Gan Eden Group's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of such or any future provision or right. If any provision of these Terms is held invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms, which shall remain in full force and effect. These Terms and the Privacy Policy constitute the entire agreement and understanding between the parties with respect to the subject matter contained herein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof.

CONTACT INFORMATION:

WLCC Lending GEG d/b/a The Gan Eden Group
PO Box 71, #1 Wakpamni Lake Housing
Batesland, SD 57716
clientservices@theganedengroup.com

UNITED STATES MILITARY AND DEPENDENTS

If you are a resident of the United States we ask that you provide the following information to us in connection with your loan:

I AM NOT a member of the military or the spouse/dependent of a military member. Specifically, I AM NOT, or I AM NOT the spouse or dependent of, a regular or reserve member of the Army, Navy, Marine Corps, Air Force, or Coast Guard, serving on active duty under a call or order that does not specify a period of 30 days or fewer, or serving on Active Guard and Reserve Duty. (Dependents include the members spouse, child under the age of eighteen years old or any individual for whom the member provided more than one-half of their financial support for 180 days preceding todays date.)

-OR-

I AM a member of the military or the spouse/dependent of a military member. Specifically, I AM, or I AM the spouse or dependent of, a regular or reserve member of the Army, Navy, Marine Corps, Air Force, or Coast Guard, serving on active duty under a call or order that does not specify a period of 30 days or fewer, or serving on Active Guard and Reserve Duty. (Dependents include the members spouse, child under the age of eighteen years old or any individual for whom the member provided more than one-half of their financial support for 180 days preceding todays date.)

WE DO NOT OFFER LOANS IN EVERY STATE

The Gan Eden Group does not lend in every state. Our states of operation may change without notice. Please check back periodically to see if we are doing business in your state.

DISCLOSURES

If we extend credit to a consumer, we will consider the bank account information provided by the consumer as eligible for us to process payments against.

Loan applications fully verified and approved by 5pm Eastern Time are typically funded the next business day excluding bank holidays. Some loans may be eligible for same day funding.

Refinancing of your loan may be possible but is not automatic. Refinancing the loan rather than paying the debt in full when due will require the payment of additional charges.

Late fees and non-sufficient funds/returned item fees may apply as described in your Loan Agreement. The Gan Eden Group will never charge you any "hidden fees" not fully disclosed in the Loan Agreement or the Loan Cost & Terms. If you do not make a payment on time we will attempt to contact you via one or more authorized methods. We adhere to the principles of the federal Fair Debt Collection Practices Act (FDCPA). Because we may report your payment history to one or more credit bureaus, late or non-payment of your loan may negatively impact your credit rating. If you fail to repay your loan in accordance with its terms, we may place your loan with or sell your loan to a third-party collection agency or another company that acquires and/or collects delinquent consumer debt.

SMS DISCLOSURES AND TERMS

This Short Message Service ("SMS") Disclosure ("SMS Disclosure") is in addition to (and in in lieu of) the above Terms, and applies to each account you have with The Gan Eden Group for which you have elected to receive SMS messages. "SMS Notifications" means any SMS (short message or text message) communication from The Gan Eden Group to you pertaining to your Account, including, but not limited to, account or payment information, promotions, due date reminders, delinquent accounts, coupons and other marketing materials.

HOW TO UNSUBSCRIBE

You may withdraw your consent to receive SMS Notifications by texting STOP to the message you receive. You may also withdraw your consent by calling The Gan Eden Group at 1.855.888.0133. At The Gan Eden Group's sole discretion, The Gan Eden Group may treat your provision of an invalid mobile phone number, or the subsequent malfunction of a previously valid mobile phone number, as a withdrawal of your consent to receive SMS Notifications. The Gan Eden Group will not impose any fee to process the withdrawal of your consent to receive SMS Notifications. Any withdrawal of your consent to use SMS Notifications will be effective only after The Gan Eden Group has a reasonable period of time to process your withdrawal.

FOR HELP ON SERVICES

To request additional information, text HELP to the message you receive or contact The Gan Eden Group by telephone at 1.855.888.0133.

HOW TO UPDATE YOUR RECORDS

It is your responsibility to provide The Gan Eden Group with a true, accurate and complete mobile number and to maintain and update promptly any changes in this information. You can update your mobile number by calling The Gan Eden Group at 1.855.888.0133 or through email to clientservices@theganedengroup.com.

HARDWARE AND SOFTWARE REQUIREMENTS

To receive SMS Notifications that The Gan Eden Group makes available to you, you must have a SMS?capable mobile phone; an active mobile phone account with a communication service provider that offers SMS services; and sufficient storage capacity on your mobile phone.

COMMUNICATIONS IN WRITING

All SMS Notifications in electronic format shall be considered given "in writing" to the extent allowed by law.

CHARGES

There is no service fee charged by The Gan Eden Group for SMS Notifications, but you are responsible for any and all charges, including without limitation fees associated with text messaging imposed by your communications service provider. Consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill.

OTHER IMPORTANT TERMS

You agree that The Gan Eden Group may send any SMS notifications through your communication service provider in order to deliver them to you. You agree to provide a valid mobile phone number for these services. You further agree to indemnify, defend and hold The Gan Eden Group, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement. SMS Notifications are provided for your convenience only.

The Gan Eden Group will not be liable for losses or damages arising from any delay in delivery or disclosure of account information to third parties by your communication service provider.

The Gan Eden Group may modify or terminate its SMS or text messaging services from time to time, for any reason and without notice, including the right to terminate SMS or text messaging with or without notice, without liability to you, any other user or any third party. The Gan Eden Group reserves the right to modify this SMS Disclosure from time to time without notice. It is your obligation to review this SMS Disclosure from time to time so that you are aware of any changes.

You agree and consent to be contacted by The Gan Eden Group, its subsidiaries, affiliates, officers, agents and other partners and employees (including without limitation subsequent creditors, loan servicing companies and third-party collectors) through the use of email, and/or telephone calls and/or SMS and/or text messages to your cellular, home or work phone numbers, as well as any other phone number you have provided in conjunction any loan from The Gan Eden Group, including the use of automatic telephone dialing systems, auto-dialers, or an artificial or pre-recorded voice.