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.
NON SCHEDULED PHONE PAYMENT
Non scheduled phone payments may result in a $1.50 fee.
Paying online will not generate this fee.
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
