CONSENT TO ELECTRONIC DISCLOSURES

THIS E-SIGN CONSENT (“Consent”) CONTAINS IMPORTANT INFORMATION about the legal relationship between you and FORTIFI FINANCIAL, INC., and/or its subsidiaries, affiliates, successors and/or assigns, as applicable ("we," "us," "our," or "Fortifi"). "You," "your" or "Customer" refers to any individual who engages in financing offered by Fortifi. This Consent is written in English, and to the extent any translated versions of the Consent conflict with the English version of the Consent, the English version shall control.

READ THIS CONSENT IN FULL. BY EXECUTING THIS CONSENT, YOU ARE AGREEING TO EXECUTE DOCUMENTS AND CONTRACTS USING ELECTRONIC SIGNATURES AND, WHERE AVAILABLE BY LAW, ELECTRONIC NOTARIZATIONS AND TO FOREGO UTILIZING PEN-AND-INK SIGNATURES ON PAPER. ADDITIONALLY, UNDER THIS CONSENT, YOU ARE AGREEING TO RECEIVE COMMUNICATIONS AND DOCUMENTATION ELECTRONICALLY AND NOT ON PAPER.

1. Your Legal Rights:

You acknowledge and agree that your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN”), and that you and we both intend that ESIGN applies to our relationship to the fullest extent possible to validate our ability to conduct business with each other by electronic means.

2. Types of Electronic Communications You Will Receive:

You understand and agree that we may provide documents to you in electronic format and forego paper copies of documents, agreements, disclosures, notices, and other information and communications regarding your account(s), services and products, the use of our websites or our other electronic services, your relationship with us, and/or other programs, products or services that are or may be in the future made available to you (collectively, "Communications"). Such Communications may include, but are not limited to:

• This Consent and any updates to this Consent;
• The Financing Estimate and Disclosure
• The Right to Cancel
• Updates to agreements and disclosures, notices, and other materials and information regarding transactions;
• Communications required to be provided to you by law, including disclosures and information about your loan, servicing, or notifications regarding changes in loan servicer (if any), if you elected to finance your purchase;
• Online privacy notices and policies, consumer privacy notices and other privacy statements or notices (by posting such notices on our website);
• Certain tax statements or notices that we may be legally required to provide; and
• Certain information or forms that we request from you and ask you to submit electronically, such as tax documentation, W-9 forms, or other agreements.

3. Types of Communications You Will Receive in Paper Form:

We will not furnish paper copies unless you request them, except where we determine, in our sole discretion, we are required to deliver in paper form under applicable law or where we determine that you should receive Communications in paper rather than electronic form. If we determine paper copies should be provided, we will also determine, in our sole discretion, whether to deliver paper copies to you in-person at the closing of your loan, to mail them to your primary physical mailing address appearing in our records, or otherwise deliver them as required by law or any applicable governing agreement.

4. Obtaining Paper Copies:

You may request a paper copy of any legal document or required disclosure provided electronically by calling 1.858.345.2000, by e-mailing customerservice@fortifi.com, or by mailing a written request to FortiFi Customer Service, 12770 High Bluff Dr., Suite 260, San Diego, CA 92130. We reserve the right to charge a reasonable price to provide the paper copies that you request.

5. Hardware and Software Requirements:

You must have reasonable access to hardware and software that meets the minimum standards necessary in order to view and retain the electronic records we are providing. By agreeing to accept electronic documents, you understand and agree that you meet the following minimum requirements (which are subject to change):

• Operating Systems: Windows® 2000, Windows® XP, Windows® Vista; Mac OS® X.
• Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only).
• PDF Reader: Acrobat® or similar software may be required to view and print PDF files.
• Screen: Color monitor, with a resolution of 800 x 600 at minimum. Customer shall view all text on all documents at 100% magnification.
• Enabled Security Settings: Allow per session cookies.
• If you wish to view .pdf files on your mobile device, you will need software which enables the viewing of .pdf files such as the mobile version of Adobe Reader® or similar software.

If Communications sent to you by e-mail reference certain websites containing terms and conditions, you agree that you will review the content and that providing you with the website address constitutes provision of those terms and conditions via electronic means. We recommend that you print or download a copy of this Consent and all other Communications we furnish and retain them in a secure place.

6. Updating Your Contact Information:

You agree to maintain a valid e-mail address. If your e-mail address or other contact information changes, you agree to contact us immediately by telephone at or by e-mail to customerservice@fortifi.com.

7. How to Withdraw Your Consent:

You may withdraw your consent by telephone by calling 1.858.345.2000, by e-mailing customerservice@fortifi.com, or by mailing a written request to FortiFi Customer Service, 12770 High Bluff Dr., Suite 260, San Diego, CA 92130. You will not be charged a fee for withdrawal of your consent. We reserve the right, in our sole discretion, to terminate or change the terms and conditions on which we provide your account information electronically. We will provide you with notice of such changes as required by law. If you decide to withdraw your consent, that withdrawal will not affect the validity and enforceability of electronic documents that you executed or electronic communications provided to you before your withdrawal of consent.

ELECTRONIC SIGNATURES ARE BINDING AND ENFORCABLE. ELECTRONIC SIGNATURES DO NOT RELIEVE YOU FROM COMPLIANCE WITH THE TERMS OF A CONTRACT, INCLUDING BUT NOT LIMITED TO YOUR RESPONSIBILITY TO MAKE PAYMENTS DUE ON A LOAN.

Privacy Policy

This privacy policy ("Policy") describes how FortiFi, Inc. and its related companies ("Company") collect, use and share personal information of consumer users of our website at www.fortifi.com (the "Site") and our mobile applications that may be used by you or a contractor to collect your personal information when you apply for energy and water efficiency project financing (the “Application”). If you use the Application on a third-party’s device, such as a contractor’s tablet or other mobile device, some of the personal information we collect automatically may be the personal information of that third-party. This Policy also applies to any of our other websites or applications that post this Policy. This Policy does not apply to information that we collect offline or through any other means, including on any other websites that post different statements, and does not apply to any information collected by any third party, including through any other application or content that may link to or be accessible from the Site or Application.

CHILDREN UNDER THE AGE OF 18

Our Site and Application are not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Site or Application. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Site, Application, or through any of their respective features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us through the contact information below.

WHAT WE COLLECT

We get information about you in a range of ways

• Information You Give Us. We collect your name, home and mailing postal addresses, email address, phone number, fax number, username, password, social security number, date of birth, annual income, property type and a description of current or intended improvements, demographic information (such as your gender and occupation) as well as other information you directly give us on our Site or in our Application. We may also collect information from the records and copies of your correspondence, if you contact us on or through the Site or Application.
• Information We Get From Others. We may get information about you from other sources. We may add this to information we get from our Site or Application.
• Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Site or Application, we log information about the equipment you are using to access the Site or Application such as: the computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page or a screen, access times and information about your use of and actions on our Site or Application. This information may include personal information, or we may maintain it or associate it with personal information we collect from other ways or receive from third parties. This information helps us improve our Site and Application and deliver a more personalized service, including to estimate or audience size and usage patterns; store information about your preferences so we can customize our Site or Application according to your preferences; and recognize you when you return to our Site or Application.
• Cookies. We may log information using "cookies." Cookies are small data files stored in the memory of your device by a website or application. We may use both session Cookies (which expire once you close your web browser or exit the Application) and persistent Cookies (which stay on your computing device until you delete them) to provide you with a more personal and interactive experience on our Site or in our Application. This type of information is collected to make the Site or Application more useful to you and to tailor the experience with us to meet your special interests and needs. You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Site or Application. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site or open our Application.
• Web Beacons. Pages of our the Site, Application, and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit FortiFi, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Some content or applications on the Site or in the Application are served by third-parties, including content providers, service providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site or Application. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

USE OF PERSONAL INFORMATION

We use your personal information as follows:

• to present our Site, the Application, and their respective contents to you;
• to provide and deliver information, products, and services that you request from us;
• to fulfill any other purpose for which you provide it;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to notify you about changes to our Site or Application or any products or services we offer or provide though it;
• in any other way we may describe when you provide the information.
• to fulfill any other purpose for which you provide it.
• for any other purpose with your consent.

We may also use your information to contact you about our own goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data. For more information, see Choices About How We Use and Disclose Your Information.

SHARING OF PERSONAL INFORMATION

We may share personal information as follows:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business;
• We may share personal information with your consent. For example, you may let us share personal information with others for approving assessment contracts. This use will be subject to other’s privacy policies.
• We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
• We may share personal information for legal, protection, and safety purposes.
  
  
  • We may share information to comply with laws.
  • We may share information to respond to lawful requests and legal processes.
  • We may share information if we believe disclosure is necessary and appropriate to protect the rights and property of FortiFi, Inc., our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.
  • We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent

We may also share aggregated and/or anonymized data with others without restriction.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

• Promotional Offers From FortiFi. Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non- marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
• Tracking Technologies. You can typically remove and reject cookies from our Site with your browser settings, and you can typically remove and reject cookies from our Application with your system settings. Many browsers and mobile operating systems are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site or Application works for you.

ACCESSING AND CORRECTING YOUR INFORMATION.

You may contact us at the Contact Information below to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by deleting your account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

STATE-SPECIFIC RIGHTS.

The law in some states may provide you with additional rights regarding our use of personal information. To learn more about any additional rights that may be applicable to you as a resident of one of these states, please see the privacy addendum for your state that is attached to this Policy or see below.

Your California Privacy RightsAfter January 1, 2020, you have the additional rights described in the California Privacy Addendum.

STATE-SPECIFIC RIGHTS.

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

DATA SECURITY.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site or for use of certain parts of the Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us on our Site or through the Application. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or through the Application.

CHANGES TO OUR POLICY.

It is our policy to post any changes we make to our Policy on this page with a notice that the Policy has been updated on the Site’s home page and the Application’s home screen. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Site’s home page or the Application’s home screen. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site or opening the Application and this Policy to check for any changes.

CONTACT INFORMATION.

We welcome your comments or questions about this privacy policy. You may also contact us at our address:

FortiFi, Inc.

Or via email at info@fortifi.com

FortiFi Program Disclosures and Consent to Soft Credit Pull

By submitting this Application, I acknowledge and represent that I and any other owner(s) of the property which is the subject of this Application (the "Property") meet these qualifications and I authorize FortiFi Financial, Inc. to obtain a soft credit report for each of the property owner(s) and/or trustee(s) whose social security number is provided on this application to verify such representations.

• All property taxes and any other assessments levied on the Property are current and have not been delinquent for the preceding three (3) years or since I took ownership, whichever is shorter.
• All mortgage debt on the Property is current.
• There are no involuntary liens, including but not limited to construction liens, on the Property.
• No notices of default or other evidence of property-based delinquency have been recorded on the Property during the preceding three (3) years or since I took ownership, whichever is shorter.

I VERIFY THAT I HAVE READ AND UNDERSTAND THE ABOVE QUALIFICATIONS AND THAT ALL ARE TRUE.

By submitting this application, I hereby declare under penalty of perjury under the laws of the State of California all of the following:

That the information provided in this Application is true and correct as of the application date.

I have access to the Program Handbook.

I am applying to participate in the Program, have the authority, without the consent of any third party, to execute and deliver this Application, the Assessment Contract, and the various other documents and instruments referenced herein.

I VERIFY THAT I HAVE READ AND UNDERSTAND THE ABOVE STATEMENTS AND THAT ALL ARE TRUE.

By submitting this Application, I acknowledge the following:

I understand that the financing provided by the Program will be repayable through an assessment levied against the Property.

I understand that an assessment lien will be recorded by the Program against the Property in the office of the County Recorder upon completion of the project described in the Assessment Contract.

I understand that the property tax bill (which includes my assessments) for the Property will increase by the amount of these assessment installment payments as specified in the Assessment Contract.

I understand, as with all tax and assessment liens, this lien will be senior to all existing and future private liens against the Property, including mortgages, deeds of trust, and other security instruments.

I VERIFY THAT I HAVE READ AND UNDERSTAND THE ABOVE STATEMENTS AND THAT ALL ARE TRUE.

By submitting this Application, if approved for such Property Assessed Clean Energy financing My/Our contractor may share my/our personal information with FortiFi for financing purposes. FortiFi may share the information collected about me/us and my/our requested project with its financing parties and servicers in connection with approving financing and administering my/our PACE account.

FAIR CREDIT REPORTING ACT AUTHORIZATION IN ORDER TO EVALUATE YOUR APPLICATION FOR A PACE ASSESSMENT FORTIFI FINANCIAL, INC. REQUESTS AUTHORIZATION TO REQUEST CONSUMER CREDIT REPORTS FOR EACH PROPERTY OWNER FROM A CONSUMER REPORTING AGENCY.

In order to evaluate your application for a loan with FORTIFI FINANCIAL, INC. (“FortiFi”), we request authorization to request consumer soft credit reports for each property owner from a consumer reporting agency. Xactus, LLC is the consumer reporting agency that will prepare or assemble the soft credit reports for FortiFi. The physical address, email address and phone number for Xactus, LLC are 370 Reed Road Suite 100, Broomall, PA 19008; Disputes@xactus.com; 877-224-8107.

You understand that by clicking on the I AGREE button immediately following this notice, you are:

Asserting that each applicant and co-applicant(s) (referred to herein interchangeably as “Applicant”):

• Hereby provides “Written instructions” under the Fair Credit Reporting Act authorizing FortiFi to obtain information from such Applicant’s personal soft credit report or other information from a consumer reporting agency.
• Authorizes FortiFi to obtain such information solely to conduct a prequalification of the consumer loan application/ or to evaluate the application for a PACE assessment.
• Authorizes Fortifi to share a copy of each applicant’s personal credit report, information from a consumer reporting agency, or other information regarding FortiFi’s resulting credit decision with the contractor that Applicant selected to complete the project described in the Assessment Contract.

I/WE VERIFY THAT I/WE HAVE READ AND UNDERSTAND THE ABOVE STATEMENTS AND THAT IF THERE IS A CO-APPLICANT(S), EACH CO-APPLICANT AUTHORIZES THE FOREGOING.

Fair Credit Reporting Act Authorization

In order to evaluate your application for a loan with FORTIFI FINANCIAL, INC. ("Fortifi") for participation in Property Assessed Cleaan Energy (“PACE”) financing, we request authorization to request consumer credit reports for each borrower from a consumer reporting agency.

You understand that by clicking on the I AGREE button immediately following this notice, you are:

• Asserting that each applicant and co-applicant (referred to herein interchangeably as “Applicant”):
  • Hereby provides “Written instructions” under the Fair Credit Reporting Act authorizing Fortifi to obtain information from such Applicant’s personal credit report or other information from a consumer reporting agency.
  • Authorizes Fortifi to obtain such information solely to conduct a prequalification of the consumer loan application/ or to evaluate the application for a loan.
  • Acknowledges that each Applicant understands that Fortifi’s request for his or her consumer report may appear on the inquiries section of applicant’s consumer report, and therefore may result in a “hard inquiry,” which may affect applicant’s credit score.
  • Authorizes Fortifi to verify information in the application, and agrees that Fortify may contact third parties to verify any such information.
  • Authorizes Fortify to share a copy of each applicant’s personal credit report, information from a consumer reporting agency, or other information regarding Fortifi’s resulting credit decision with the contractor that Applicant selected to complete the project described in the Assessment Contract.
• Asserting that you understand, acknowledge, and agree that under the Fair Credit Reporting Act, any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses is subject to fine and imprisonment for not more than 2 years (or both).
• You agree to indemnify, defend and hold harmless Fortifi and each of its respective Affiliates, officers, employees, directors, partners, members, managers and agents (each an “Indemnified Party”) from and against any and all costs, expenses, losses, claims, damages, and liabilities incurred by such Indemnified Party to the extent that such cost, expense, loss, claim, damage, or liability arose out of, or was imposed upon, such Indemnified Party as a result of your breach of your assertion that each co-borrower has provided the express authority provided above.

NOTICE TO THE HOME LOAN APPLICANT

In connection with your application for a home loan [which includes a closed-end loan or establishment of an open-end loan for a consumer purpose that is secured by one to four units of residential real property], Fortifi must disclose to you the score that a credit bureau distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.

The credit score is a computer generated summary calculated at the time of the request and based on information a credit bureau or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.

Because the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.

If you have questions about your credit score or the credit information that is furnished to you, contact the credit bureau at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The credit bureau plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.

If you have questions, contact Fortifi.