SIMPLY SOLAR WEBSITE TERMS OF USE

Effective Date: June 3, 2026

Last Updated: June 3, 2026

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE, A CLASS-ACTION WAIVER, A JURY-TRIAL WAIVER, A CONSENT TO ELECTRONIC COMMUNICATIONS AND CALL/CHAT MONITORING AND RECORDING, AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR LEGAL RIGHTS. SEE SECTIONS 11 AND 13.

These Website Terms of Use (the “Terms”) are a binding agreement between you (“you,” “your”) and Simply Solar California, Inc. and its affiliates (“Simply Solar,” “we,” “us,” “our”). The Terms govern your access to and use of the websites located at simplysolar.com, dealer.simplysolar.com, and any related subdomains, pages, applications, tools, and services we own and operate (collectively, the “Site”).

By accessing or using the Site, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Site.

1. Eligibility

The Site is intended for users who are at least 18 years old and located in the United States. By using the Site, you represent and warrant that you meet these requirements and that you have the authority to enter into these Terms on behalf of yourself or any entity you represent.

2. License and Acceptable Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use, or for legitimate business communications with Simply Solar. You agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
  • Copy, modify, distribute, sell, lease, or create derivative works of any portion of the Site.
  • Reverse engineer or attempt to extract the source code of any software underlying the Site.
  • Use any robot, scraper, spider, crawler, or other automated means to access the Site or extract data from it.
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Site, its servers, or its networks.
  • Submit false, misleading, or fraudulent information or impersonate any person or entity.
  • Upload or transmit viruses, malware, or any code designed to disrupt, destroy, or limit the functionality of any system.
  • Use the Site to harass, abuse, defame, or otherwise harm any person.

3. User Communications and Submissions

If you submit information to us through the Site, including through forms, surveys, chat tools, or appointment requests, you represent and warrant that the information is accurate and that you have the right to share it. You grant Simply Solar a perpetual, worldwide, royalty-free, sublicensable license to use, store, reproduce, and modify your submissions for the purpose of operating the Site, communicating with you, and providing the Services.

4. Intellectual Property

All content on the Site, including text, graphics, logos, images, audio clips, video, software, code, and the selection, arrangement, and look and feel of the Site, is owned by Simply Solar or its licensors and is protected by U.S. and international intellectual-property laws. You may not use the Simply Solar name, logo, or other trademarks without our prior written consent.

The Site may contain links to and embeds from third-party websites and services, including financing partners, Solaros, ReferralRock, social-media platforms, Google, and Meta. Simply Solar does not control these third-party services and is not responsible for their content, privacy practices, or terms of service. Your interactions with third parties are governed by their respective terms and policies.

6. Electronic Communications

By submitting your contact information through the Site, calling us, or otherwise contacting Simply Solar, you consent to receive electronic communications from us, including communications by email, SMS, MMS, push notifications, automated dialing systems, and prerecorded or artificial-voice messages, at any phone number or email address you provide. Consent to receive marketing communications is not a condition of purchasing any products or services.

Message and data rates may apply. Message frequency varies. You may opt out of marketing text messages at any time by replying STOP, and you may opt out of marketing emails by following the unsubscribe instructions in any marketing email. Opting out of marketing communications will not affect transactional or service-related communications.

7. Call Recording, Chat Logging, and Session Replay (CIPA Notice)

NOTICE OF RECORDING AND MONITORING. Simply Solar and its service providers may record, monitor, transcribe, log, and store communications between you and Simply Solar, including phone calls, SMS and MMS messages, live-chat sessions, video calls, voicemails, and interactions with our Site, for quality, training, customer-service, compliance, fraud-prevention, dispute-resolution, and business-improvement purposes. By placing or accepting a call from Simply Solar, by sending us a text or chat message, or by continuing to use the Site after notice of recording, you consent to such recording, monitoring, transcription, and storage by Simply Solar and its service providers, including third-party platforms.

If you do not consent, do not call us, do not respond to our calls, and do not use the chat, SMS, or recorded features of the Site. You may contact us by mail or email to communicate with us in a non-recorded medium.

Our Site may also use cookies, pixels, tags, session-replay tools, heatmaps, analytics scripts, and similar technologies, including tools provided by Google, Meta (Facebook), Nextdoor, LinkedIn, and other vendors. These technologies are used as described in our Privacy Policy and are subject to your cookie-consent choices. By accepting non-essential cookies through our cookie banner or by enabling the relevant categories in the Cookie Preferences menu, you consent to the use of these technologies, including any associated disclosure of your interactions with the Site to the relevant vendors. Where required by California law (including CIPA, Penal Code §§ 631 and 632.7), this notice and your continued use of the Site constitute consent for the recording and contemporaneous transmission of your communications with our Site to our service providers acting on our behalf as extensions of Simply Solar.

8. Mobile Messaging Program Terms

If you provide a mobile telephone number to Simply Solar, you consent to receive transactional and marketing SMS and MMS messages from Simply Solar at that number, including messages sent using an automatic telephone dialing system or prerecorded or artificial voice technology, regardless of whether the number is on any do-not-call list. Consent is not a condition of purchasing any goods or services. Message frequency varies. Message and data rates may apply. To opt out, reply STOP. For help, reply HELP. Carriers are not liable for delayed or undelivered messages.

9. Disclaimers

THE SITE AND ALL CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLY SOLAR DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Nothing in these Terms limits or modifies the warranty that may apply to any solar or battery installation or service you purchase from Simply Solar under a separate written agreement.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLY SOLAR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE.

IN NO EVENT WILL THE TOTAL LIABILITY OF SIMPLY SOLAR FOR ALL CLAIMS RELATING TO YOUR USE OF THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (US$100), EXCEPT TO THE EXTENT THIS LIMITATION IS PROHIBITED BY APPLICABLE LAW.

11. Mandatory Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND SIMPLY SOLAR TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF.

11.1 Agreement to Arbitrate

Except for the matters described in Section 11.5, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Site, or our communications with you (including any TCPA, CIPA, CCPA, common-law privacy, wiretap, or pen-register claim, and any claim about cookies, pixels, call recording, chat tracking, or SMS messages) will be resolved by binding individual arbitration administered by JAMS pursuant to its applicable rules, and not in court.

11.2 Class-Action Waiver

YOU AND SIMPLY SOLAR AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

11.3 Jury-Trial Waiver

YOU AND SIMPLY SOLAR WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE BETWEEN YOU AND SIMPLY SOLAR, WHETHER ARBITRATED OR (TO THE EXTENT PERMITTED) LITIGATED.

11.4 Arbitration Procedure

The arbitration will be conducted in the county where you reside, or another mutually agreed location, by a single neutral arbitrator. The arbitrator may award the same individual remedies (including injunctive relief on an individual basis) that a court could. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

11.5 Exceptions

Either party may bring (a) an action for emergency injunctive relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or trade secrets, and (b) an individual action in small-claims court for any claim within that court’s jurisdiction.

11.6 Right to Opt Out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@simplysolar.com within 30 days of first agreeing to these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other portion of these Terms.

12. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Simply Solar and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any rights of a third party, and (d) any false, misleading, or fraudulent information you submit through the Site.

13. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Except for disputes subject to arbitration under Section 11, you and Simply Solar consent to the exclusive jurisdiction and venue of the state and federal courts located in Sonoma County, California.

14. Termination

We may suspend or terminate your access to the Site, in whole or in part, at any time and without prior notice, for any reason. Sections that by their nature should survive termination will survive, including Sections 4, 9, 10, 11, 12, 13, and 16.

15. Changes to These Terms

We may modify these Terms at any time by posting updated Terms on the Site and revising the “Last Updated” date above. Your continued use of the Site after the effective date of any update constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Site.

16. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements you enter into with Simply Solar, constitute the entire agreement between you and Simply Solar regarding the Site. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of that or any other provision. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.

17. Contact

Simply Solar California, Inc.

Attn: Legal Department

Email: legal@simplysolar.com

Phone: (707) 285-7037

Mailing Address: 1740 Corporate Circle Petaluma, CA 94954

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