⚠️ Important Notice

These Terms of Service contain important legal information about your rights and obligations. By accessing our website, applying for a loan, or accepting a loan offer from Arrowhead Advance, you agree to be bound by these Terms of Service. Please read them carefully before proceeding.

If you do not agree with these terms, you should not use our website or services. Your specific loan terms will be provided in your individual Loan Agreement, which you must review and accept before receiving funds.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "borrower") and Wakpamni Lake Community Corporation d/b/a Arrowhead Advance ("Arrowhead Advance," "we," "us," or "our").

Agreement to Terms

By accessing our website, creating an account, submitting a loan application, or accepting a loan offer, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with:

  • Our Privacy Policy
  • Your individual Loan Agreement (if you receive a loan)
  • Any additional disclosures or agreements provided during the application or loan process

Tribal Law Governs

By accepting these Terms and entering into a loan agreement with us, you expressly agree that the law of the Oglala Sioux Tribe governs this relationship, NOT state law. This means that state consumer lending laws, including state usury laws and interest rate caps, do not apply to your loan.

🚨 Critical Acknowledgment

You acknowledge and understand that you are entering into a transaction governed by tribal law and that state consumer protection laws, including state interest rate limits, do not apply. You are voluntarily choosing to borrow under tribal law jurisdiction.

2. Eligibility Requirements

To apply for and receive a loan from Arrowhead Advance, you must meet all of the following requirements:

Age and Legal Status

  • Be at least 18 years of age (19 in Alabama and Nebraska)
  • Be a U.S. citizen or permanent resident
  • Have a valid Social Security Number
  • Possess a valid government-issued photo identification

Financial Requirements

  • Have a regular source of income (employment, self-employment, benefits, or other verifiable income)
  • Have an active checking or savings account in your name that has been open for at least 60 days
  • Demonstrate ability to repay the loan based on your income and existing obligations

Contact and Verification

  • Provide a working phone number and valid email address
  • Provide accurate and truthful information in your application
  • Consent to verification of your information through third-party sources

State Eligibility

We do not offer loans in all states. State eligibility will be verified during the application process. Residents of certain states may be prohibited from receiving loans due to legal restrictions.

⚠️ Military Members

If you are an active duty member of the military or a covered dependent under the Military Lending Act (MLA), specific protections and rate limitations apply to your loan. You must disclose your military status during the application process.

No Guarantee of Approval

Meeting these eligibility requirements does not guarantee loan approval. Each application is evaluated individually based on creditworthiness, income verification, and other factors. We reserve the right to deny any application at our discretion.

3. Tribal Law and Jurisdiction

This section contains critical information about the legal framework governing your relationship with Arrowhead Advance.

Tribal Entity Status

Arrowhead Advance is operated by Wakpamni Lake Community Corporation (WLCC), which is wholly owned by the Wakpamni Lake Community, a local tribal government within the Oglala Sioux Tribe. The Oglala Sioux Tribe is a federally recognized sovereign nation.

Governing Law

These Terms and any loan agreement between you and Arrowhead Advance are governed exclusively by:

  • The Tribal Credit Code of the Wakpamni Lake Community Corporation
  • The laws and regulations of the Oglala Sioux Tribe
  • Applicable federal law

State laws, including state consumer lending laws, usury laws, and interest rate caps, DO NOT apply to loans made by Arrowhead Advance.

Tribal Sovereign Immunity

As an entity of a federally recognized tribal government, Arrowhead Advance operates under tribal sovereign immunity. This immunity is recognized by the U.S. Constitution and federal law. Tribal sovereign immunity means that the tribe and its entities cannot be sued in state or federal court without the tribe's consent or express Congressional authorization.

Jurisdiction and Venue

Any disputes arising from these Terms or your loan agreement are subject to the exclusive jurisdiction of the Oglala Sioux Tribe. You agree that:

  • Disputes will be resolved according to tribal law and procedures
  • Tribal courts or designated tribal forums have exclusive jurisdiction
  • You waive any objection to tribal jurisdiction
  • State and federal courts lack jurisdiction over disputes with Arrowhead Advance, subject to the terms of any arbitration agreement

🚨 Acknowledgment Required

By accepting these Terms and any loan from Arrowhead Advance, you explicitly acknowledge and agree that:

  • Tribal law governs your loan, not state law
  • State interest rate limits do not apply
  • Dispute resolution occurs under tribal jurisdiction
  • You understand the implications of borrowing under tribal law
  • You are voluntarily entering into this agreement

Obtaining the Tribal Credit Code

You may request a copy of the Tribal Credit Code of the Wakpamni Lake Community Corporation by emailing coderequest@WLCCCompliance.com. We encourage you to review the tribal laws governing your loan.

4. Loan Agreement Terms

If your loan application is approved, you will receive a specific Loan Agreement that contains the individual terms of your loan.

Individual Loan Agreement

Your Loan Agreement will specify:

  • Principal Amount: The amount you are borrowing
  • Annual Percentage Rate (APR): The cost of your loan expressed as a yearly rate
  • Finance Charges: The total amount of interest and fees you will pay
  • Payment Schedule: The frequency, amount, and due dates of your payments
  • Term Length: The duration of your loan
  • Total of Payments: The total amount you will pay over the life of the loan
  • Fees: Any applicable fees including origination, late payment, or NSF fees

Review and Acceptance

You must carefully review your Loan Agreement before accepting it. By electronically signing or otherwise accepting your Loan Agreement, you:

  • Acknowledge that you have read and understood all terms
  • Agree to repay the loan according to the specified schedule
  • Authorize automatic payment withdrawals from your designated bank account
  • Accept the APR and all fees disclosed in the agreement
  • Agree that tribal law governs the loan

Electronic Signatures

You agree that electronic signatures have the same legal effect as handwritten signatures. Your electronic acceptance of loan documents constitutes a binding agreement.

No Interest Rate Cap

You acknowledge that tribal lending law does not impose limits on interest rates or fees that may be charged. APRs for our loans typically range from 200% to 400% or higher, significantly exceeding rates available from traditional banks and rates permitted under many state laws.

⚠️ High Cost of Credit

Loans from Arrowhead Advance have high APRs and should only be used for short-term financial needs. You will pay significantly more in interest and fees than you borrow in principal. Consider alternatives before accepting a high-cost loan.

5. Repayment Obligations

Payment Requirements

When you accept a loan, you agree to repay the full amount borrowed plus all interest and fees according to the payment schedule in your Loan Agreement. Payment obligations include:

  • Making all scheduled payments on time
  • Maintaining sufficient funds in your designated bank account on payment due dates
  • Notifying us immediately if you change banks or close your account
  • Contacting us if you anticipate difficulty making a payment

Automatic Payments (ACH Authorization)

By accepting your loan, you authorize Arrowhead Advance to automatically withdraw payments from your designated bank account via ACH (Automated Clearing House) on scheduled payment dates. You agree that:

  • Automatic payment is a condition of your loan
  • Payments will be withdrawn on the scheduled dates without additional notice
  • You will maintain adequate funds in your account for each payment
  • You may not revoke ACH authorization while any amount remains due on your loan

Payment Allocation

Payments are applied in the following order:

  1. Outstanding fees (late fees, NSF fees, etc.)
  2. Accrued interest
  3. Principal balance

Prepayment

You may pay off your loan early at any time without prepayment penalty. Early payoff may reduce the total interest charges. Contact us for a current payoff amount, which includes principal balance plus interest accrued through the payoff date.

Returned Payments

If a scheduled payment is returned due to insufficient funds, a closed account, or any other reason:

  • You will be charged an NSF (non-sufficient funds) fee as specified in your Loan Agreement
  • You remain obligated to make the payment
  • We may attempt to process the payment again
  • Your account may be subject to late fees and collection activity

💡 Payment Tips

To avoid missed payments and fees:

  • Set calendar reminders for payment dates
  • Monitor your bank balance before due dates
  • Keep your contact information current so we can reach you
  • Contact us immediately if circumstances change

6. Fees and Charges

In addition to interest, your loan may be subject to various fees. All fees will be disclosed in your Loan Agreement before you accept the loan.

Origination Fees

A one-time origination fee may be charged when your loan is funded. This fee is included in your APR calculation and clearly disclosed in your Loan Agreement.

Late Payment Fees

If a scheduled payment is not received by the due date, a late payment fee may be charged. The specific fee amount is disclosed in your Loan Agreement and typically ranges from $25 to $50.

NSF/Returned Payment Fees

If a payment is returned by your bank due to insufficient funds or any other reason, an NSF fee will be charged. This fee typically ranges from $35 to $50 and is disclosed in your Loan Agreement.

No Prepayment Penalty

We do not charge a fee for paying off your loan early. However, you remain responsible for all interest that has accrued through the payoff date.

Additional Fees

Other fees may apply as disclosed in your Loan Agreement, including but not limited to:

  • Stop payment fees if you request to stop a scheduled payment
  • Paper statement fees if you request physical statements
  • Account maintenance fees as applicable

Fee Disclosure

All fees are clearly disclosed before you accept your loan. You will not be charged any fees that were not disclosed in your Loan Agreement.

7. Default and Collections

What Constitutes Default

You will be in default of your loan if:

  • You fail to make a scheduled payment within the grace period (if any)
  • You provide false or misleading information in your application
  • You file for bankruptcy
  • You close your bank account without providing alternative payment arrangements
  • You violate any other material term of your Loan Agreement

Consequences of Default

If you default on your loan, we may:

  • Declare the entire loan balance immediately due and payable
  • Report the default to credit bureaus, which will negatively impact your credit score
  • Charge additional late fees and interest
  • Engage in collection activities as permitted by law
  • Assign or sell your debt to a collection agency
  • Take legal action to collect the debt
  • Offset amounts owed against any amounts we owe you

Collection Activities

We may attempt to collect past-due amounts through:

  • Phone calls, emails, and written correspondence
  • Third-party collection agencies
  • Attorneys or legal representatives
  • Credit bureau reporting

All collection activities will comply with applicable federal laws, including the Fair Debt Collection Practices Act (FDCPA) where applicable, and tribal law.

Collection Costs

If your account is placed with a collection agency or attorney for collection, you may be responsible for collection costs, including attorney's fees and court costs, to the extent permitted by law.

⚠️ Avoid Default

If you are experiencing difficulty making payments, contact us immediately at (888) 459-1315. We may be able to work with you to find a solution. Ignoring payment problems will only make the situation worse and result in additional fees and credit damage.

8. User Responsibilities

When you use our services, you agree to the following responsibilities:

Accurate Information

  • Provide truthful, accurate, and complete information in your application
  • Update your information promptly if it changes
  • Not misrepresent your identity, income, employment, or any other material fact

Account Security

  • Keep your account login credentials secure and confidential
  • Not share your account access with others
  • Notify us immediately if you suspect unauthorized account access
  • Be responsible for all activity that occurs under your account

Communication

  • Maintain current contact information (address, phone, email)
  • Respond to our communications in a timely manner
  • Check your email and account messages regularly
  • Notify us immediately of any changes to your contact information or bank account

Legal Compliance

  • Use our services only for lawful purposes
  • Comply with all applicable laws and regulations
  • Not use our services if you are prohibited from doing so by law

Financial Responsibility

  • Only borrow what you can afford to repay
  • Understand the terms of your loan before accepting it
  • Budget for loan payments in addition to your other obligations
  • Seek help if you experience financial difficulty

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Fraud and Misrepresentation

  • Providing false, inaccurate, or misleading information
  • Using someone else's identity or information
  • Creating multiple accounts under different identities
  • Submitting fraudulent documents or information

Unauthorized Access

  • Attempting to gain unauthorized access to our systems or other users' accounts
  • Bypassing security measures or authentication procedures
  • Using automated scripts or bots to access our services

System Interference

  • Interfering with the proper functioning of our website or services
  • Transmitting viruses, malware, or other harmful code
  • Overloading or disrupting our servers or networks

Improper Use

  • Using our services for any illegal purpose
  • Harassing, threatening, or abusing our staff or other users
  • Attempting to manipulate or game our application or approval process
  • Reverse engineering or attempting to extract source code from our website

Payment Avoidance

  • Closing bank accounts to avoid payment obligations
  • Filing stop payment orders without valid legal basis
  • Intentionally providing invalid banking information

🚨 Consequences of Prohibited Activities

Engaging in prohibited activities may result in immediate termination of your account, acceleration of any outstanding loan balance, reporting to law enforcement, legal action, and permanent ban from our services. Fraud may also result in criminal prosecution.

10. Website Use and License

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for their intended purposes, subject to these Terms. This license does not include any right to:

  • Resell or make commercial use of our services
  • Download or copy content except as necessary for personal use
  • Make derivative works based on our services
  • Use data mining, robots, or similar automated tools

Website Availability

While we strive to maintain continuous service, we do not guarantee that our website will be available at all times. We may experience downtime due to:

  • Scheduled maintenance and updates
  • Technical difficulties or server issues
  • Forces beyond our control

We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time without notice.

Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of these external sites. Your use of third-party websites is at your own risk and subject to their terms and policies.

11. Intellectual Property

All content, features, and functionality on our website are owned by Wakpamni Lake Community Corporation, Arrowhead Advance, or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Trademarks

"Arrowhead Advance" and our logo are trademarks of Wakpamni Lake Community Corporation. You may not use these trademarks without our prior written permission.

Copyright

All text, graphics, logos, images, and software on our website are protected by copyright. You may not reproduce, distribute, modify, or create derivative works without express permission.

Restrictions

You agree not to:

  • Copy, reproduce, or download website content except for personal, non-commercial use
  • Modify or create derivative works based on our content
  • Use our trademarks or branding without permission
  • Remove or alter copyright notices or attribution

12. Disclaimers and Warranties

AS-IS Basis

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy, reliability, or completeness of information
  • Uninterrupted or error-free service
  • Security of information transmitted through our website

No Financial Advice

Information provided on our website is for general informational purposes only and does not constitute financial, legal, or professional advice. You should consult with appropriate professionals before making financial decisions.

Third-Party Content

We are not responsible for the accuracy or reliability of any third-party content, links, or services accessible through our website.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARROWHEAD ADVANCE, WAKPAMNI LAKE COMMUNITY CORPORATION, AND THEIR OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages arising from your use of or inability to use our services
  • Damages resulting from unauthorized access to your account
  • Errors, mistakes, or inaccuracies in content
  • Personal injury or property damage resulting from your use of our services
  • Any damages arising from third-party conduct or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Arrowhead Advance, Wakpamni Lake Community Corporation, the Oglala Sioux Tribe, and their respective officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of our website or services
  • Your violation of these Terms
  • Your violation of any law or regulation
  • Your violation of any rights of any third party
  • Any false or misleading information you provide
  • Your failure to repay your loan obligations

This indemnification obligation survives the termination of these Terms and your relationship with Arrowhead Advance.

15. Dispute Resolution and Arbitration

Tribal Jurisdiction

Any dispute, claim, or controversy arising out of or relating to these Terms or your loan agreement shall be subject to the exclusive jurisdiction of the Oglala Sioux Tribe and resolved in accordance with tribal law.

Arbitration Agreement

You and Arrowhead Advance agree that any dispute shall be resolved through binding arbitration conducted under the rules established by the Oglala Sioux Tribe, rather than through court litigation.

By agreeing to arbitration, you waive your right to have disputes resolved in court and your right to a jury trial.

Arbitration Procedures

  • Arbitration shall be conducted by a neutral arbitrator appointed pursuant to tribal procedures
  • The arbitrator's decision shall be final and binding
  • The arbitrator shall apply tribal law to resolve disputes
  • Each party shall bear their own costs unless otherwise determined by the arbitrator

Class Action Waiver

YOU AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. Neither you nor we may participate in a class action or class-wide arbitration for any claims covered by these Terms.

Exceptions to Arbitration

Notwithstanding the above, either party may bring an action in tribal court to:

  • Seek injunctive or equitable relief
  • Enforce intellectual property rights
  • Collect a debt through tribal or federal debt collection procedures

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to us within 30 days of accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement. Opting out of arbitration does not affect any other terms of this agreement.

📋 Tribal Complaint Hotline

Before initiating arbitration or other formal proceedings, we encourage you to contact our customer service team to attempt to resolve the dispute informally. If your issue remains unresolved, you may contact the Wakpamni Lake Community Consumer Complaint Tribal Hotline at 1-800-677-3860 (Monday - Friday, 9 AM - 5 PM MST).

16. Termination

Termination by You

You may terminate your relationship with Arrowhead Advance by:

  • Paying off any outstanding loan balance in full
  • Closing your account by contacting customer service
  • Ceasing to use our website and services

Termination does not relieve you of any payment obligations under an existing loan agreement.

Termination by Us

We reserve the right to suspend or terminate your access to our services at any time, with or without cause, with or without notice, including but not limited to:

  • Violation of these Terms
  • Fraudulent activity or suspected fraud
  • Failure to meet eligibility requirements
  • Abusive behavior toward staff
  • Any reason at our sole discretion

Effect of Termination

Upon termination:

  • Your license to use our website and services immediately ceases
  • All outstanding loan balances become immediately due and payable
  • We may delete your account and associated data
  • Provisions that by their nature should survive termination shall survive, including payment obligations, indemnification, limitation of liability, and dispute resolution

17. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the "Last Updated" date at the top of these Terms
  • Post the revised Terms on our website
  • For material changes, provide additional notice via email or prominent website notification

Acceptance of Changes

Your continued use of our services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree with the modified Terms, you must stop using our services and close your account.

Existing Loans

Changes to these Terms do not affect the terms of any existing Loan Agreement you have with us. Loan Agreements remain governed by the terms in effect when you accepted the loan.

18. Miscellaneous Provisions

Entire Agreement

These Terms, together with your individual Loan Agreement (if applicable), our Privacy Policy, and any other agreements or disclosures provided, constitute the entire agreement between you and Arrowhead Advance regarding your use of our services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including to:

  • Affiliated entities
  • Third-party servicers
  • Purchasers of our loan portfolio
  • Successors in interest

No Third-Party Beneficiaries

These Terms are for the benefit of you and Arrowhead Advance only. No third party has any right to enforce any provision of these Terms.

Force Majeure

We shall not be liable for any delay or failure to perform our obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, governmental actions, or technical failures.

Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

Electronic Communications

By using our services, you consent to receive electronic communications from us, including emails, texts, account notifications, and electronically posted notices. You agree that electronic communications satisfy any legal requirement that communications be in writing.

19. Contact Information

If you have questions about these Terms of Service, please contact us:

Questions About Terms?

Our team is here to help clarify any questions you have

Hours:
Monday - Friday
9 AM - 5 PM MST

Mailing Address

Arrowhead Advance
Attn: Legal Department
Wakpamni Lake Community Corporation
[Physical Address]
[City, State ZIP]

Tribal Information

For information about tribal lending regulations:
Email: coderequest@WLCCCompliance.com

For complaints not resolved through customer service:
Wakpamni Lake Community Consumer Complaint Tribal Hotline
Phone: 1-800-677-3860
Hours: Monday - Friday, 9 AM - 5 PM MST