Terms of Use

By entering the Site or using the Mobile app, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use the Site or the Mobile App if you do not agree to be legally bound by these Terms. Please read these Terms carefully.

We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the Terms, the Site, or the Mobile app. By entering the Site or downloading the Mobile App you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

Please note that the Mobile App may not work on all mobile devices. Please see the Apple and Google Play app stores for more detail.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

The Site also offers job opening information and provides ways for you to apply for positions. You understand that nothing contained on the Site constitutes an offer of employment by Aptive.

If you create an account, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password or your account for any purpose. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site or Mobile App if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site or Mobile App.

You acknowledge and agree that information, and services available on the Site and Mobile app are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Aptive. Except as expressly authorized by Aptive, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, Mobile App, Content, or services. Without waiving any of the foregoing rights, you may print or download information from the Site or Mobile app for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information from the Site or Mobile App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Aptive is prohibited.

If you believe that any material on the Site or Mobile App infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:

Aptive Environmental, LLC Attn: DMCA 5132 North 300 West Suite 150 Provo, Utah 84604 Email address: [email protected] Phone number: (801) 852-5239

In your notice, please include:

• Your physical or electronic signature;

• Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;

• Identification of the material that you claim to be infringing, and where the material is located on the Site or in the Mobile App;

• Your address, telephone number, and email address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and

• A statement, under penalty of perjury, that the information in your notice is accurate.

If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.

The Site or Mobile app may let you submit material to us or to third parties: for example, you may be able to upload a photo, send us messages, or post a review about our services. In these Terms, we use “Submissions” to refer to any material of any kind that you submit to us or third parties through the Site or Mobile App, including text, files, images, photos, video, sounds and musical or literary works.

We are not responsible for the content of Submissions provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about Submissions, including as to their legality or accuracy.

We reserve the right, in our sole discretion, to refuse, remove, or edit any of your Submissions, or to restrict, suspend, or terminate your access to all or any part of the Site or Mobile App, and we may do this with or without giving you any prior notice.

We may link Submissions or parts of Submissions to other material, including material submitted by other users or created by us or third parties. We may use Submissions for our internal business purposes, for example, to examine trends or categories or to promote, market, or advertise our services. You acknowledge that we may indirectly commercially benefit from use of your Submissions.

Each time you make a Submission, you represent and warrant as follows:

(a) You own your Submission or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality, or rights under contract.

(b) Your Submission is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.

(c) Your Submission does not advertise any product or service or solicit any business.

(d) Your Submission does not identify any individual (including by way of name, address, picture, or video) under the age of 18 and if your Submission identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your Submission.

(e) You are not impersonating any other person.

(f) You will not collect usernames and/or email addresses of others for the purpose of sending unsolicited email.

(g) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.

(h) You will not engage in any automated use of the system, such as using scripts to alter our Content.

(i) You will not, without authorization, access, tamper with, or use non-public areas of the Site, Mobile App, our computer systems, or the technical delivery systems of our service providers.

(j) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Site, Mobile app, or any other component of our system or network or breach any security or authentication measures.

We are entitled to identify you to third parties who claim that their rights have been infringed by your Submission.

Submissions are not considered to be confidential. You agree not to make any Submission in which you have any expectation of privacy. We do not claim any ownership rights in Submissions; however, by making a Submission you hereby grant us an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submission, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify us and our Affiliates (as defined below) for all claims arising from or in connection with any claims to any rights in your Submission or any damages arising from your Submission.

YOU USE THE SITE AND MOBILE APP AT YOUR OWN RISK. THE SITE AND MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APTIVE AND ITS AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS (SUCH AS PESTROUTES LLC), VENDORS, AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).

YOU USE THE SITE AND MOBILE APP AT YOUR OWN RISK. THE SITE AND MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APTIVE AND ITS AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS (SUCH AS PESTROUTES LLC), VENDORS, AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER APTIVE NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR MOBILE APP.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Aptive may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Aptive’s liability will be the minimum permitted under such law.

You agree to defend, indemnify, and hold Aptive, our Affiliates, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees and costs) that arise out of or are related to your violation of these Terms or use of the Site or Mobile App.

Any controversy, claim or dispute arising out of or related to these Terms, the Site, the Mobile App, or your relationship with us (unless the controversy, claim, or dispute arises in connection with a services agreement between you and us which contains provisions governing the resolution of a dispute under such services agreement) including, but not limited to, alleged violations of state or federal statutory or common law rights or duties shall be solely and exclusively resolved according to binding arbitration as set forth in this section; however, disputes regarding the scope and enforceability of this arbitration provision shall be determined by a court, not an arbitrator. Also, individual small claims actions are not subject to this arbitration provision so long as they remain in small claims court. For purposes of this section, “we,” “us,” and “our” refer to Aptive and its Affiliates.

Unless you and we agree otherwise, the arbitration shall be administered and conducted by the American Arbitration Association (“AAA”) under is Consumer Arbitration Rules, if applicable, otherwise under its Commercial Arbitration Rules. These rules are found at www.adr.com. If the AAA cannot serve and you and we cannot agree on a substitute, a court with proper jurisdiction will select the arbitrator. The arbitrator will follow the applicable substantive law, including applying the Terms, and will apply the same statutes of limitation and privileges that a court would apply. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which will be governed by Constitutional standards employed by the courts) and injunctive, equitable, and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim). The arbitrator will have authority to award fees and costs of attorneys, witnesses, and experts to the extent permitted by the Terms, the arbitration administrator’s rules, or applicable law. Any arbitration hearing that you attend will take place at a location reasonably convenient to your residence.

Prior to filing an arbitration demand with the AAA, the aggrieved party will submit a written pre-demand arbitration notice to the other party identifying the aggrieved party including at least name, mailing address, email address, and phone number, stating the facts giving rise to the claim, and identifying the requested relief. The parties will engage in a good faith effort to resolve the dispute for a period of thirty (30) days (which may be extended by joint agreement of the parties) (the “Negotiation Period”). If the Negotiation Period expires without resolution of the dispute, the aggrieved party may proceed with filing the arbitration demand with the AAA.

The arbitrator will follow the applicable substantive law, including applying the Terms, and will apply the same statutes of limitation and privileges that a court would apply. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court as limited by these Terms including, without limitation, damages (which will be governed by Constitutional standards employed by the courts) and injunctive, equitable, and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim). The arbitrator will have authority to award fees and costs of attorneys, witnesses, and experts to the extent permitted by the Terms, the arbitration administrator’s rules, or applicable law. Any arbitration hearing that you attend will take place at a location reasonably convenient to your residence. If you and we agree, arbitration hearings may be conducted virtually.

IF A CLAIM IS ARBITRATED, YOU AND WE WAIVE ANY RIGHT TO A COURT OR JURY TRIAL. YOU AND WE ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS (THE “CLASS ACTION WAIVER”). NO ARBITRATOR SHALL HAVE AUTHORITY TO CONDUCT ANY ARBITRATION IN VIOLATION OF THIS PROVISION OR TO ISSUE ANY RELIEF THAT APPLIES TO ANY PERSON OR ENTITY OTHER THAN TO YOU AND/OR US INDIVIDUALLY.

The AAA charges fees to administer an arbitration proceeding and the arbitrator also charges fees. These arbitration costs will be paid by you and us in accordance with the applicable arbitration rules. We will always pay any fees or expenses that we are required to pay by law and the arbitration administrator’s rules or that we are required to pay for this arbitration provision to be enforced. Either you or we may request a panel of three (3) arbitrators, but in the absence of both parties’ agreement, the requesting party will be responsible for the cost of the additional arbitrators. Either you or we may request at any time prior to the hearing that the award be accompanied by a reasoned opinion. The award rendered by the arbitrator(s) will be final and binding on all parties, except that a party may within thirty (30) days of the original award request an appeal tribunal, constituted in the same number and by the same process as the initial arbitrator(s). The appealing party will be responsible for the filing fee and other arbitration fees and costs subject to award by the appeal tribunal under applicable law. The appeal tribunal will review all questions or law and fact under a clearly erroneous standard. The award of the appeal tribunal will be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”). Judgment may be entered on the award in any court having jurisdiction thereof. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this arbitration provision. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA. Before having recourse to arbitration, you and we agree to try in good faith to settle any controversy or claim by at least four (4) hours of mediation administered under the AAA Commercial Arbitration Rules with us agreeing to pay the costs of the mediation.

If twenty-five (25) or more demands for arbitration are made (i) involving common questions of law or fact and (ii) where the same law firm or group of law firms represent the claimants, then such demands will be coordinated pursuant to The AAA Supplementary Rules for Multiple Case Filings as modified by this paragraph. In such a circumstance, we and the group of claimants will each select five (5) demands, for a total of ten (10) demands, to be filed with AAA (collectively the “Test Demands”). Each of the Test Demands shall be assigned by AAA to a different arbitrator. Ninety (90) days after the date all Test Demands have been arbitrated and any appeals exhausted, any remaining demands subject to this paragraph may be filed with AAA in batches of twenty-five (25) demands selected by each of we and the group of claimants for a total of fifty (50) demands per batch. Thirty (30) days after the first batch of fifty (50) demands have been arbitrated and any appeals exhausted, the next batch may be filed with the process repeating until no further demands remain to be arbitrated. The parties agree that it is the intent of the parties that each demand will not be deemed filed with the AAA, or any AAA fees or costs incurred, until such demand is presented for individual resolution either as part of the Text Demands or a subsequent batch of demands.

This arbitration provision will survive the expiration or termination of the Terms. In the event of a conflict or inconsistency between this arbitration provision, on the one hand, and the applicable arbitration rules or other provisions of the Terms, on the other hand, this arbitration provision will govern. If any portion of this arbitration provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of this arbitration provision, except that (i) if the class action waiver is limited, voided, or found unenforceable, then this arbitration provision (except for this sentence) will be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the class action waiver; and (ii) if a claim is brought seeking public injunctive relief on behalf of third parties and a court determines that the restrictions in the class action waiver or elsewhere in this arbitration provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief or a class action be arbitrated.

Any matters submitted to a court for resolution shall be submitted to the state or federal courts of Salt Lake or Utah County, Utah and all parties agree to the personal jurisdiction thereof.

Our Privacy Policy is incorporated into these Terms. You acknowledge that the requesting URLs of the machine originating the request and the time of the request may be logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring. Aptive maintains exclusive control of access and right of access to this Site. You understand and agree that we reserve the right to revoke your access at any time without notice or cause of action for any reason whatsoever.

If you have any questions, complaints, or claims, please contact us at:

Aptive Environmental 5132 North 300 West Suite 150 Provo, Utah 84604 Email address: [email protected] Phone number: (801) 852-5239