Terms of Use

Last Updated: 03.26.2025

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. PLEASE KNOW THAT BY ACCESSING OUR WEBSITE, USING THE SERVICES, OR BY CLICKING ON ANY BOX OR ICON ON OUR WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND THE ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE WEBSITE OR ANY SERVICES, AND YOU MUST DISCONTINUE YOUR USE OF OUR WEBSITE AND OUR SERVICES.

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Introduction

These Terms govern your access to and use of the website for AFS-FTC (d/b/a “Uplift Loans”) (“we,” “us,” “our,” or “Uplift Loans”), including all information, services, and resources provided on or through our website www.upliftloans.com (the “Site”). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. General Conditions

1.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements in your jurisdiction in order to use our Site and services.

1.2 Use of Site; Account Services

You agree to use the Site in accordance with all applicable Tribal, state, and federal laws and regulations. You may not use the Site for any unlawful or prohibited purpose. The list below illustrates the types of Services available from an Account (“Account Services”):

• Accepting and reviewing your loan application;
• Reviewing your credit history;
• Reviewing your loan balance, transaction history, and payoff amount;
• Providing information related to your loan;
• Accepting payments related to your loan; and
• Requesting or accepting an extension, refinance, or new loan.

As the owner and operator of the Site, we reserve the right to change the Account Services from time to time.

1.3 Account Registration

To access certain Account Services or apply for a loan, you may be required to create an account with us. You agree to provide accurate, current, and complete information when creating an account and to keep this information updated. By using an Account, you represent and warrant that the email address you provided in your loan application is used and accessible by only you. You also acknowledge and agree to the statements listed below.

• You must safeguard your Account credentials and device so that others cannot conduct unauthorized activity on your Account.
• You may not sell, transfer, or assign your Account to others.
• You must notify us within 7 days if you change your email address on your Account.
• You must notify us immediately if you see unauthorized activity on your Account or if the security of your Account Credentials or Device has been compromised.

We reserve the right to suspend or terminate your Account if any of the Account information you provide is inaccurate, outdated, incomplete, or in violation of the Terms. The Terms will continue to apply until or unless your Account is closed

1.4 Account Security

You are responsible for maintaining the confidentiality of your account login information and for all activities under your account. You agree to notify us immediately of any unauthorized use of your account.

1.5 Site Security

By using the Site, you agree to avoid attempting or taking any of the following actions:

We use industry-standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your NPI. However, it is your responsibility to protect the security of your Account Credentials and Device. Additionally, please note that the e-mails and other communications you send to us through the Site are not encrypted.

2. Loan Services

2.1 Services and Application Process

From the Site, we make or arrange consumer loans and provide related consumer financial services. By submitting a loan application through the Site, you authorize us to review your financial information, including credit history, to determine your eligibility for a loan. Loan products are available only to consumers who are the age of majority and have a valid social security number (“SSN”). By using the Site, you represent and warrant that you are at least age 18 and that you have a valid SSN. The Site is not directed at children under the age of 13. We do not knowingly collect personal information from any child under the age of 13 on the Site.

2.2 Loan Terms

If approved for a loan, the terms, including the interest rate, repayment schedule, and any applicable fees, will be provided to you in a separate agreement that you must sign before the loan is disbursed. These loan terms may vary depending on the type of loan and your financial profile.

2.3 Loan Repayment

You agree to repay any loans, fees, or charges in accordance with the terms of the loan agreement that you enter in with us. Failure to repay a loan as agreed may result in penalties, fees, or legal action.

3. Privacy and Data Security

3.1 Privacy Policy

By using the Site, you consent to the collection, use, and sharing of your personal information as outlined in our Privacy Policy. We are committed to protecting your personal information and taking reasonable steps to secure it. Our Privacy Policy discloses how we collect, share, and protect your non-public personal information (“NPI”). You have the right to opt-out of our practices for collecting and sharing NPI. To exercise that right, you may contact either our customer service department or the opt-out page specified in the Privacy Notice.

3.2 Data Accuracy

You agree to provide accurate and complete information when applying for a loan or using any services on the Site. We are not responsible for any errors or issues caused by inaccurate information provided by you.

4. Prohibited Activities

4.1 Restricted Uses

You may not use the Site to:

• Engage in fraudulent or illegal activities.
• Distribute malware or harmful software.
• Interfere with the operation of the Site or access data or services in an unauthorized manner.
• Use the Site for any purpose that violates any laws, regulations, or third-party rights.

4.2 Termination of Access

We reserve the right to suspend or terminate your access to the Site at any time, for any reason, including if we believe you have violated these Terms or engaged in any illegal or harmful conduct.

5. Disclaimers and Limitations of Liability

5.1 No Warranty

The information and Services provided on the Site are provided “as is,” without warranties of any kind, either express or implied. We do not guarantee that the Site will be error-free, secure, or free from viruses.

5.2 Limitation of Liability

To the fullest extent permitted by law, Uplift Loans shall not be liable for any indirect, incidental, special, or consequential damages arising from or in connection with your use of the Site or services, even if we have been advised of the possibility of such damages.

6. Governing Law

These Terms are governed by and construed in accordance with the laws of the Rosebud Sioux Tribe of the Rosebud Indian Reservation, a federally recognized sovereign American Indian tribe in South Dakota (“Tribe”) and applicable federal law, without regard to the laws of any state or other jurisdiction, including the conflict of laws rules of any state. By accessing or using the Site, you agree to be bound by applicable Tribal and federal law, and in the event of a bona fide dispute between you and us related to these Terms or any Services, any arbitration conducted pursuant to the terms of these Terms shall be governed by tribal law, federal law and the Federal Arbitration Act (9 U.S.C. §§ 1-16).  Copies of relevant Tribal law may be obtained by calling (855) 786-7726 or by writing to us at P.O. Box ___________.

7. Sovereign Immunity and Preservation of Sovereign Immunity

These Terms and all related Services and Account Services are being provided to you to us as an economic development arm and instrumentality of the Tribe. The Tribe is a federally recognized Indian Tribe and enjoys sovereign immunity. Nothing in these Terms constitutes a waiver of the Tribe’s sovereign immunity and the Tribe’s immunity is fully preserved and is not waived either in whole or in part by these Terms and the Tribe expressly maintains all rights, titles, privileges, and immunities, to which the Tribe is entitled. To protect and preserve the rights of the parties, no person may assume a waiver of sovereign immunity. No waiver of the Tribe’s immunity is or can be made except by express written declaration of the Tribe’s Tribal Council specifically authorizing a waiver for the matter in question. No such waiver has been made with respect to either your acceptance of these Terms or use of the Services (except to the limited extent described in the Arbitration Provision below). As set forth below, the Tribe expressly preserves its sovereign immunity, and you may not assert any claims against the Tribe. As an economic development arm and instrumentality of the Tribe, we are entitled to sovereign immunity to the same extent as the Tribe. We do not have the authority to waive sovereign immunity of any third parties, including, but not limited to, Rosebud Economic Development Corporation or the Tribe. Consequently, no legal action may be brought in any court against us, the Tribe, or any of our officers, directors, employees, or agents acting in their official capacity without express written consent. To encourage resolution of consumer complaints, however, a complaint may be submitted by you or on your behalf pursuant to our voluntary dispute resolution procedure and mandatory arbitration provision as described below.

8. Waiver of Jury Trial and Arbitration Provision

PLEASE READ THE FOLLOWING CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.

WE, AS A WHOLLY OWNED ECONOMIC DEVELOPMENT ARM AND INSTRUMENTALITY OF THE TRIBE (AS DEFINED HEREIN), AND OUR DIRECTORS, OFFICERS, AND EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR AUTHORITY, ARE NOT SUBJECT TO SUIT IN ANY COURT IN ANY JURISDICTION, OR ANY OTHER FORUM, ABSENT A WAIVER OF SOVEREIGN IMMUNITY. In order to resolve any past, present, or future dispute that we cannot resolve to your satisfaction informally or as set forth in the above voluntary dispute resolution provision, we consent to a limited waiver of sovereign immunity as expressly authorized by our Tribal Council in the Tribal Credit Code set forth below, which is expressly limited by the binding Arbitration Provision in these Terms. Any such dispute shall be resolved by binding arbitration under the Consumer Arbitration Rules (“The Consumer Rules”) of the American Arbitration Association (“AAA”) (1-800-778-7879; www.adr.org). All parties to such dispute will be governed by the rules and procedures of the American Arbitration Association applicable to consumer disputes, to the extent those rules and procedures do not contradict either the law of the Tribe, applicable federal law, the Federal Arbitration Act (9 U.S.C. §§ 1-16), or the express terms of these Terms or this Arbitration Provision, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the American Arbitration Association (https://www.adr.org). Any appeal will be governed by the arbitration organization's rules and procedures applicable to consumer disputes, to the extent that those rules and procedures do not contradict either the law of the Tribe, applicable federal law, or the express terms of these Terms. Regardless of the outcome of the arbitration, we will be solely responsible to pay your initial filing fees. This limited waiver is strictly limited to individual arbitration claims set forth below and judicial actions to enforce such individual arbitration awards as strictly limited herein.

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

Notice: Any party to a dispute, including you, us and/or related third parties, may send the other party or parties 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, the arbitration shall occur before the American Arbitration Association (https://www.adr.org). You and we agree that the arbitrator appointed must have a minimum of five years of active practice or other equitable, relevant professional experience in American Indian Law unless the arbitration organization is unable to provide any arbitrators with such experience. The party receiving notice of arbitration shall respond in writing by certified mail, return receipt requested within 20 calendar days. All parties to such dispute will be governed by the rules and procedures of the American Arbitration Association applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of these Terms, this Arbitration Provision, including the limitations on the arbitrator below, applicable federal law or our Tribal Code. You may obtain a copy of the rules and procedures by contacting the American Arbitration Association (https://www.adr.org).

Regardless of who demands arbitration, we will advance your portion of the expenses associated with the arbitration, including the filing, administrative, hearing and arbitrator’s fees (“Arbitration Fees”). Throughout the arbitration, each party shall bear his, her, or its own attorneys’ fees and expenses, such as witness and expert witness fees, except as expressly provided in this Arbitration Provision. The arbitrator shall apply applicable substantive law consistent with the Governing Law set forth above, and the Federal Arbitration Act, 9 U.S.C. §§1-16 (“FAA”) and applicable statutes of limitation and shall honor claims of privilege recognized at law. The arbitration hearing will be conducted in the county of your residence unless you agree to a different location. In conducting the arbitration proceeding, the arbitrator shall not apply any state rules of civil procedure or evidence. If the arbitrator renders a decision or an award in your favor resolving the dispute, the arbitrator shall award you reasonable attorneys’ fees. Regardless of whether the arbitrator renders a decision or an award in your favor resolving the dispute, you will not be responsible for reimbursing us for your portion of the Arbitration Fees. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator’s award may be filed with any court having competent jurisdiction.

You and we expressly acknowledge and agree that this Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA.  You and we expressly agree that if any provision of this Arbitration Provision is held invalid, the remainder of this Arbitration Provision shall remain in effect.

WAIVER OF JURY TRIAL: BY USING THIS SITE, YOU ARE AGREEING TO THE TERMS OF THIS ARBITRATION PROVISION, YOU HEREBY AGREE AND ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR AGAINST A RELATED THIRD PARTY.

CLASS-ACTION/REPRESENTATIVE WAIVER: BY USING THIS SITE, YOU ARE AGREEING TO THE TERMS OF THIS ARBITRATION PROVISION, YOU HEREBY AGREE AND ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO PURSUE OR PARTICIPATE IN REPRESENTATIVE CLAIMS AND YOU THEREFORE WILL NOT BE ALLOWED 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. 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

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 survives the termination of the relationship between you and us, and continues in full force and effect. This Arbitration Provision survives any 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.

You acknowledge and agree that by USING THIS SITE:

• NO RIGHT TO COURT RESOLUTION: YOU ARE WAIVING YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES. YOUR RIGHT TO FILE SUIT IN COURT AGAINST US FOR ANY CLAIM OR DISPUTE REGARDING THESE TERMS IS LIMITED BY THIS PROVISION AND SOVEREIGN IMMUNITY.

WAIVER OF JURY TRIAL: YOU ARE WAIVING ANY RIGHT YOU MAY OTHERWISE HAVE TO A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR AGAINST A RELATED THIRD PARTY.

CLASS-ACTION/REPRESENTATIVE WAIVER:  YOU ARE WAIVING ANY RIGHT YOU MAY HAVE TO PURSUE OR PARTICIPATE IN REPRESENTATIVE CLAIMS AND YOU THEREFORE WILL NOT BE ALLOWED 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. 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.

RIGHT TO OPT OUT: If you do not want this Arbitration Provision to apply to you, you must send us a signed notice within thirty (30) calendar days after you submit your loan application with us. You must send the notice in writing (and not electronically) to AFS FTC d/b/a Uplift Loans, Attn: Arbitration Opt-Out: AFS-FTC, P.O. Box 101114, Fort Worth, TX 76185.  You must provide your name and address and state that you “opt out” of this Arbitration provision.

PLEASE TAKE THE TIME TO CAREFULLY REVIEW THESE TERMS AND THE WAIVER OF JURY TRIAL AND ARBITRATION PROVISION. IF YOU HAVE QUESTIONS, PLEASE CONTACT CUSTOMER SERVICE AT 1(888)747-9091.

By using this Site, you acknowledge and agree that you have read and understand all of the terms of these Terms, including the part entitled “Waiver of Jury Trial and Arbitration Agreement.”

9. Use of Cookies

“Cookie” means the small data files transferred by a website to your computer's hard drive. Cookies are typically classified as either “session” cookies or “persistent” cookies. Session cookies do not stay on your computer after you close your browser. Persistent cookies remain on your computer until you delete them or until they expire. Generally, web browsers automatically accept cookies by default. But you can usually stop or limit cookie acceptance by adjusting the preferences on your browser. In some instances, stopping or limiting cookies may render some site features unavailable or prevent the site from displaying properly.

We and our service providers may send and receive cookies when you use the Site or other sites that are “powered by” a third party on our behalf or that display our advertisements (“Cookie Sites”). Cookie Sites use cookies when you register an account, make purchases, request information, or personalize site settings.

If you accept the Cookies used on a Cookie Site, then you authorize the Cookie Site operator to use information about you or your browsing preferences to personalize your browsing experience or customize your product offers. You can stop or limit cookie acceptance on a Cookie Site by adjusting the preferences on your browser. This action will typically not prevent you from fully navigating the Cookie Cite.

1. Mobile Application

If you access our Site or your Account using an application on your Device (a “Mobile App”), then your use of that Mobile App is subject to the terms and conditions imposed by the persons listed below.

It is your responsibility to review a Mobile App Venue’s terms and conditions and to determine what usage rules apply to your use of a Mobile App (the “Usage Rules”). These Usage Rules may depend on the Mobile App Venue, your Device, and your method for downloading the Mobile App.

The Account features available from a Mobile App (“Mobile App Services”) may be more limited than the Account features available when you access your Account from your personal computer. Additionally, we make no representation or warranty that any Mobile App will be compatible with any specific mobile Device or operating system or with any hardware, software, or equipment installed or used on your mobile Device.

When you download or use a Mobile App on your Device, you are responsible for the fees your carrier charges for your use of its wireless network. The functionality of a Mobile App will depend on the connection and speed of the wireless network. During a time of poor connection or speed, a financial transaction you attempt to conduct from a Mobile App may be affected. Please contact our customer support department to verify whether an attempted transaction has been completed.

You acknowledge and agree that we and our affiliates, agents, and assignees are not liable to you for any financial or other loss you may sustain by failing to complete a financial transaction with us on a Mobile App, whether that failure was caused by compatibility or inoperability problems, wireless network outages, or some other issue.

Finally, although your use of a Mobile App is subject to the Usage Rules, your use of the Account will continue to be subject to the Terms of Use. The Terms of Use govern your use of the Account no matter how you access the Account, whether from a Mobile App or from a personal computer.

10. Changes to Terms

We reserve the right to modify or update these Terms at any time. Any changes will be posted on this page with an updated “Last Updated” date. Your continued use of the Site after such changes constitutes your acceptance of the revised Terms.

1. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

AFS FTC d/b/a Uplift Loans

Attn: Customer Service

P.O. Box 101114

Fort Worth, TX 76185

Email:  customerservice@upliftloans.com

By accessing and using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.