Terms and Conditions

Please review these Terms and Conditions and our Privacy Policy, which constitute your agreement with regard to your use of Greenwave Finance’s (“GWF”) website at greenwavefinance.com and any other site operated by GWF (each referred to as a “Site”). By using the Site, you expressly agree to be bound by these Terms and Conditions and may not use the Site.

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY OR ANY OTHER COURT PROCEEDING, OR CLASS ACTION OF ANY KIND.

USE LICENSE

GWF grants you permission to view and use the Site on an “as is” and “as available” basis for your own personal, noncommercial use, provided you agree to and accept without modification all notices and terms and conditions set forth in this agreement. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use the Site. You may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from the. Your use of the site constitutes your agreement and acceptance without modification of the notices and terms and conditions set forth herein. In addition, as a condition of your use of the site, you represent and warrant to GWF that you will not use the site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. GWF makes no representations regarding the content available on the Site or its continuing availability or the continual availability or “up-time” of the Site.

TRANSACTIONS

Advertised transactions on the Site may constitute all or a part of a lease-purchase agreement, or in specified states, a lease agreement with an option to purchase; a customer rental-purchase agreement; a rent-to-own agreement; or a customer lease-purchase agreement (collectively “Transaction”). Transactions are not available in WY, WI, MN, VT, or NJ. Retailer participating locations only. When entering into a Transaction, you will not own any merchandise until the total amount due to acquire ownership is paid in full or you exercise your Early Buyout purchase option. Ownership is optional. Some restrictions apply. MATERIALS MADE AVAILABLE ON THE SITE ARE INTENDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL REPRESENTATIONS OR ADVICE. CONSULT YOUR ATTORNEY FOR LEGAL COUNSEL.

PERSONAL DATA

WE MAY, SUBJECT TO AND IN ACCORDANCE WITH OUR PRIVACY POLICY FOR MARKETING AND OTHER PURPOSES, COLLECT, PROCESS AND TRANSMIT CERTAIN DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING THE SITE OR DURING A PHONE CONSULTATION. BY USING THE SITE, YOU AGREE TO SUCH DATA BEING SO USED AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO OTHERS WHETHER OR NOT WITHIN THE UNITED STATES IN ACCORDANCE WITH OUR PRIVACY POLICY AND UNDER APPLICABLE PRIVACY AND DATA PROTECTION LEGISLATION. Information on how and what type of data, if any, is held about you can be in our Privacy Policy or by contacting us.

COPYRIGHT

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may download one copy of material displayed on the Site (“Content”), if needed, on one computer for your personal, non-commercial use only, but in doing so, you may not remove or amend any trademark, copyright or other proprietary notice. Viewing the Site may create a copy of GWF materials or “cookies” in your electronic device’s random access memory and/or in your hard drive and/or proxy server. All materials contained on the Site are protected by copyright, and are owned or controlled by GWF or the party credited as the provider of the Content. You must abide by any and all additional copyright notices, information, or restrictions contained in any Content obtained from the Site.

CONTENT USE

Apart from the limited use of Content specified above, you may not modify, copy, distribute, republish or upload any Content unless you obtain the prior written consent of GWF. No intellectual property or other rights are transferred to you through your use of the Site. We strive to provide up-to-date and accurate Content on the Site; however, we expressly disclaim any representations or warranties with regard to the Content on the Site. We expressly reserve the right to make changes to the Content at any time and/or the availability of any feature, database, page, materials, product information and/or pricing on the Site at any time without notice or liability.

USER WARRANTY

BY using the Site, you agree that: (a) you will not upload, post or transmit to, distribute, or otherwise publish through the Site any materials that (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least 18 years old.

NO CONFIDENTIALITY

You acknowledge that transmissions to and from the Site may not be confidential and any communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. GWF is not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to GWF or an e-mail sent by GWF to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose, including but not limited to, repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law.” You acknowledge that by submitting communications to GWF, no confidential, fiduciary, contractually implied, or other relationship is created between you and GWF other than pursuant to these Terms and Conditions and any subsequent written agreement entered into with GWF exists.

NO WARRANTIES

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS, AS AVAILABLE” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. GWF AND ITS' SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY ANY SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, GWF AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GWF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GWF AND ITS' AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL GWF BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, GWF ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

INDEMNIFICATION

By using the Site, you agree to indemnify, defend and hold GWF, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants, including without limitation, attorneys’ fees and costs. You agree to cooperate as fully as reasonably required in the defense of any claim. GWF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Greenwave.

LINKS

The may contain links to Sites owned or operated by parties other than GWF. Such links are provided for your reference only. GWF does not control outside Sites and is not responsible for their content. GWF’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does GWF’s inclusion of the links imply that GWF is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

TEXTS

GWF may send text messages to you. You can unsubscribe from these messages at any time by texting "STOP" to the number you received the message from. We will send you a reply message to confirm that you have been unsubscribed. You may resume your subscription at any time. If at any time you forget what keywords are supported, just text "HELP" to recieving number. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. Message frequency will vary by account. As always, message and data rates may apply for any messages sent to you from us and to us from you. The following carriers are supported by our system: Verizon Wireless, AT&T, Sprint, T-Mobile®, Boost, Virgin Mobile USA and Metro PCS. Carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

SUSPENSION OR TERMINATION OF ACCESS

GWF has the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms and Conditions. In addition, GWF has a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights. In the event that GWF suspends or terminates your access to and/or use of the Site, you will continue to be bound by the Terms and Conditions that were in effect as of the date of your suspension or termination.

GENERAL

You agree that this agreement and your use of the Site are governed by the laws of the State of Utah, USA. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) SCOPE OF THE ARBITRATION AGREEMENT.

Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and GWF agree that any legal dispute or claim between you and GWF arising out of, relating to or concerning the and/or this agreement, any communications between you and GWF, or your participation in any other program or service provided by GWF, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. However, either you or GWF may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and GWF, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

INFORMAL DISPUTE RESOLUTION.

Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to GWF at 3940 Traverse Mountain Blvd, Suite 200, Lehi, UT 84043, Attn: Legal Department, or (2) to you at the postal address on file with GWF. Both you and GWF agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT.

You may opt out of this Arbitration Agreement within the first 30 days after making use of the site and/or participating in a program or service of GWF. You also may opt out of this Arbitration Agreement within 30 days after GWF notifies you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to GWF at support@greenwavefinance.com or by sending a letter to 3940 Traverse Mountain Blvd, Suite 200, Lehi, UT 84043, Attn: Legal Department. You should include your printed name, mailing address, and the words “Reject Arbitration.”

GOVERNING LAW AND OTHER TERMS.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of Utah will govern without regard to principles of choice or conflicts of law. GWF will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.

You agree that GWF may at any time change the terms, conditions and notices under which the Site is offered. Such changes will be effective when posted. By continuing to use the Site after GWF posts any such changes, you accept the terms and conditions as modified. GWF reserves the right to make changes to, or to suspend or discontinue (temporarily or permanently), the site or any portion of the site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

You agree that no joint venture, partnership, employment or agency relationship exists between you and GWF as a result of this agreement or your use of the. GWF’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of GWF’s right to comply with law enforcement requests or requirements relating to your use of the site or information provided to or gathered by GWF with respect to such use.

The communications between you and GWF via the use electronic means, whether you visit the site or send GWF an email, or whether GWF posts notices on the site or communicates with you via email. For contractual purposes, you consent to receive communications from GWF in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that GWF provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

These Terms and Conditions, the Privacy Statement located on our Site, and any other written agreement entered into by you with GWF constitute the entire agreement between you and GWF with respect to the Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GWF with respect to the Site. Any alleged waiver of any breach of this agreement will not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by GWF in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by GWF in printed form.

If any provision of these terms and conditions is found to be illegal or unenforceable, the remainder of these terms and conditions shall continue to be fully valid, binding, and enforceable. These terms and conditions are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these terms and conditions may only be invoked or enforced by you or GWF.


Last Updated: September, 2020