TERMS OF USE

Effective: September 1st, 2018

These Terms of Use (“Terms”) govern the access or use, from within the United States and its territories and possessions, of Quativa Inc.’s applications, mobile apps, websites, content, products, and services (the “Services,” as more fully defined below in Section 3) by you, the user, and, to the extent applicable, the customers who you contact (collectively, the “User” or “you”) made available in the United States and its territories and possessions by Quativa Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Quativa”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND QUATIVA. In these Terms, the words “including” and “include” mean “including, but not limited to.”

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Quativa may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Quativa may amend the Terms from time to time. Amendments will be effective upon Quativa’s posting of such updated Terms at Sign In, via email or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Quativa changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Quativa written notice of your termination of your relationship with Quativa, which will result in your account being disabled.

Quativa’s collection and use of personal information in connection with the Services is described in Quativa’s Privacy Statements located at quativa.com/privacy-policy.

The Services comprise mobile applications and related services (each, an “Application”), which enable users to (i) manage customer data and schedule customer contact, (ii) create proposals for home improvement and solar panel usage, (iii) connect to utility usage information, (iv) compare finance options, (v) apply for finance credit, (vi) provide direct payment options, (vii) generate initial loan documents and home installation agreements, (viii) manage team members and statistics, and (ix) provide additional support services to sell solar panel products and/or services, including with third party providers of such services and goods, under agreement with Quativa or certain of Quativa’s affiliates (“Third Party Providers”). YOU ACKNOWLEDGE THAT YOUR ABILITY TO SELL SUCH PRODUCTS AND/OR SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH QUATIVA AS A PROVIDER OF SUCH PRODUCTS AND/OR SERVICES.

a. License.

Subject to your compliance with these Terms, Quativa grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Quativa and Quativa’s licensors.

b. Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Quativa; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

c. Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content that Quativa does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Quativa does not endorse such third party services and content and in no event shall Quativa be responsible or liable for any products or services of such third party providers. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

d. Ownership.

The Services and all rights therein are and shall remain Quativa’s property or the property of Quativa’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Quativa’s company names, logos, product and service names, trademarks or services marks or those of Quativa’s licensors.

a. User Accounts.

In order to use the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Quativa certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Quativa in writing, you may only possess one Account.

b. Customer Accounts.

While using the Services, you will have access to the personal information and payment information of customers to whom you sell products and/or services. You agree to abide by the terms of our Privacy Policy in regards to the personal information and payment information of such customers.

c. User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to purchase or attempt to purchase products and/or services using the Service. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

d. Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Quativa does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

a. DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUATIVA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, QUATIVA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. QUATIVA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

b. LIMITATION OF LIABILITY.

QUATIVA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF QUATIVA, EVEN IF QUATIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

QUATIVA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF QUATIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUATIVA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND QUATIVA’S REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY PROVIDERS.

THE SERVICES MAY BE USED BY YOU TO SELL SOLAR PANEL PRODUCTS AND/OR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT QUATIVA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SALES PERFORMED OR THE PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, QUATIVA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON QUATIVA’S CHOICE OF LAW PROVISION SET FORTH BELOW.

c. Indemnity.

You agree to indemnify and hold Quativa and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods sold through your use of the Services; (ii) your breach or violation of any of these Terms and/or the Privacy Policy; or (iii) your violation of the rights of any third party, including customers and Third Party Providers.

a. Claims of Copyright Infringement.

Quativa respects the intellectual property of others and asks that users of our Services do the same.  In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1.     your physical or electronic signature;
  2.     identification of the copyrighted work(s) that you claim to have been infringed;
  3.     identification of the material on our services that you claim is infringing and that you request us to remove;
  4.     sufficient information to permit us to locate such material;
  5.     your address, telephone number, and e-mail address;
  6.     a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7.     a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

b. Notice.

Quativa may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Quativa, with such notice deemed given when received by Quativa, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Quativa Inc.

c. General.

These Terms constitutes the entire agreement between you and the Company regarding your use of the Services, superseding any prior agreements between you and Quativa relating to the same.  These Terms shall be governed by the substantive laws of California, without regard to conflict of laws principles. Any claim or dispute between you and Quativa that arises from your use of the Services or any agreement between you and Quativa shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. You hereby expressly consent to the personal jurisdiction of the Federal and State courts located in Los Angeles County, California and waive any objections to the laying of venue in such courts. 

You may not assign these Terms without Quativa’s prior written approval. Quativa may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Quativa’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Quativa or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Quativa’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Quativa in writing.

d. Notice to California Residents.

Pursuant to California Civil Code Section 1789.3, users who reside in California are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us either via email at legal@quativa.com or via mail at 970 W 190th Street Suite 215, Torrance California 90502. Alternatively, users who are California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs either via mail at 1625 N. Market Blvd., Ste. N 112, Sacramento, CA 95834 or via telephone at either (800) 952-5210 or (916) 445-1254 (for users located in Sacramento, CA).

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