Terms & Conditions

Agreement to these Terms

By using solar.com (the "Website"), you agree to these Terms of Use that can be accessed in the "Terms, Conditions, and Privacy" section on the Website. If you do not wish to agree to the Terms of Use, please refrain from using the Website.

This Website is provided to assist end users ("End Users") in the process of purchasing and receiving applicable installation services for electrification products that include, but are not limited to: solar energy systems, energy storage systems, electric vehicle charging systems, heat pump water heaters, and community solar enrollment ("Electrification Products"). Additional Electrification Products may be added to the Website from time to time. The Website collects End User information, determines the availability of the Electrification Products desired by the End User, generates quotes or competitive bids for the purchase and/or installation of such Electrification Products, and provides End User support as applicable in the process of receiving installation services for such Electrification Products. This Website is provided solely for current and potential End Users to interact with Electrum and may not be used for any other purpose, or used or reproduced by any other person or entity. The use of automated dial-in, inquiry, or screen-scraping devices, programs, or applications to obtain information through this Website is strictly prohibited.

YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS, CONDITIONS AND NOTICES SET FORTH BELOW (COLLECTIVELY, THE "TERMS OF USE"). BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. TO THE EXTENT YOU RESERVE AND BUY ANY PRODUCTS OR SERVICES ON THIS WEBSITE OR THROUGH ANY ELECTRUM SERVICE, YOU AGREE THAT THE TERMS OF USE SHALL APPLY TO ALL SUCH TRANSACTIONS. PLEASE READ THE TERMS OF USE CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF USE IN ENTIRETY, PLEASE DO NOT USE THIS WEBSITE OR ANY OF THE SERVICES PROVIDED BY THE WEBSITE. BE SURE TO RETURN TO THIS PAGE PERIODICALLY TO REVIEW THE MOST CURRENT VERSION OF THE TERMS OF USE.

1. Information You Provide

You agree to provide accurate and current information as prompted by the Solar.com questionnaire and estimating tool form. If you provide information that is inaccurate or not current, or Solar.com has reasonable grounds to suspect that such information is inaccurate or not current, Solar.com may reject the Estimate Request and suspend or terminate your use of this Website. In addition, if you do not provide accurate information, Solar.com and its affiliated partners reserve the right to refuse service or to request additional fees.

You agree not to submit any material that violates law or the rights of any third party or that is unreliable, incomplete, inaccurate, obscene, libelous, defamatory or otherwise objectionable. While Solar.com does not and cannot control any material provided by you or the Website's other Members, Solar.com reserves the right to reject or remove any such material at any time with or without reason. You understand and acknowledge that you may be exposed to data and information that is inaccurate or that otherwise violates any of the standards set forth in these Terms of Service, and you hereby waive all legal or equitable rights or remedies you may have against Solar.com and hold Solar.com harmless with respect thereto.

2. Appropriate Use of Website

You agree that you shall not: (a) send spam or other unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, fraudulent, misrepresentative or otherwise unlawful material, or material that is subject to third party proprietary or intellectual property rights (unless you have express written and legally valid permission from their rightful owner); (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Website, or the materials contained thereon; (e) attempt to gain unauthorized access to the Website or the Solar.com system; (f) restrict or attempt to restrict or inhibit any other visitor from using the Website; (g) use the Website for any unlawful purpose; (h) express or imply that any statements you make are endorsed by Solar.com, without Solar.com's prior written consent; (i) "Frame" or "mirror" any part of the Website without Solar.com's prior written authorization; (j) harvest or collect information about Website visitors without their express consent; (k) direct link, inline link, deep link or otherwise hyperlink any page of the Website other than the home page; or (l) page-scrape, robot, spider, hack, password mine or use any automatic or manual program or process to access or use the Website or its content.

Any attempted improper use or an attempt by you or on your behalf to deliberately damage or corrupt the Website or to use the Solar.com system or other services provided by Solar.com on the Website in violation of the above may violate criminal and civil laws. Should such an attempt be made, Solar.com, reserves the right to prosecute and seek damages from you to the fullest extent of the law.

3. Changes to the Website and Services

The content of this Website, including without limitation the pricing, information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated from time to time without notice. Solar.com reserves the right to change any service offered, the features of any service offered, or these Terms of Service and Solar.com's policies, at any time. Solar.com may discontinue, suspend or modify the Website at any time, and Solar.com may block, terminate or suspend your and any user's access to the Website at any time for any reason in its sole discretion, even if access continues to be allowed to others.

4. Links to other Websites

Links on the Website allow you to visit and do business with third parties or affiliated partners of Solar.com. Neither these third party or affiliated partner sites nor the companies to whom they belong are controlled by Solar.com. Solar.com makes no representations or warranties concerning the information provided or made available on such third party sites.

5. Installer Partners

Through its rigorous membership requirements process, which is designed to ensure that its installer partners ("Installer Partners") are reliable and responsible members of the Electrum installer network, Electrum has made every effort to determine the quality and acceptability of the products and services offered by its Installer Partners. However, Electrum does not make any representations or warranties regarding the correctness, performance or quality of any services provided by the Installer Partners. You should independently research and assess the risks that may be involved in accessing and using any software or services before purchasing or using such software or services.

THE THIRD PARTY PROVIDERS OF SERVICES AND EQUIPMENT ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ELECTRUM. ELECTRUM ASSUMES NO LIABILITY WHATSOEVER FOR SUCH THIRD PARTY'S GOODS, SERVICES OR EQUIPMENT, INCLUDING LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SERVICE PROVIDER. ELECTRUM IS NOT RESPONSIBLE FOR INJURY, DAMAGE, DEATH, ACCIDENT OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, ACTS OF GOVERNMENT, WEATHER, TERRORISM, ACT OF GOD, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR CAUSES BEYOND ELECTRUM'S CONTROL.

6. Price

For transactions made through Electrum and unless specified otherwise, the price you are shown at checkout is the price you will be charged based on the specifications of your purchase. Changes to the specifications (e.g. purchase method, change in finance situation after checkout) may result in changes to the price.

7. Billing, Payments, and Fees

You authorize Electrum to charge you directly for any deposits, fees, or charges if applicable and agreed upon by you in writing.

8. Advocate Referrals

Electrum offers all End Users the ability to become an advocate ("Advocate") and refer individuals to purchase Electrification Products. Upon reaching milestones specific to each Electrification Product, the Advocate and the individual that purchased the Electrification Product may be eligible for compensation from Electrum. The terms and conditions of the Advocate program are subject to change from time to time and can be found at https://pickmysolar.com/advocates/.

9. Disclaimer of Warranties; Limitation of Liability

USE OF THE WEBSITE AND ITS SERVICES ARE AT YOUR SOLE RISK. ELECTRUM DOES NOT WARRANT THE RELIABILITY, COMPLETENESS OR ACCURACY OF THE WEBSITE, ITS SERVICES OR ANY MATERIALS ON THE WEBSITE. THE WEBSITE, ITS SERVICES AND ANY MATERIALS ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY), ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

ELECTRUM'S TOTAL LIABILITY TO YOU (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE WEBSITE, ITS SERVICES OR ANY MATERIALS ON THE WEBSITE SHALL BE NO MORE THAN THE AMOUNT OF FEES PAID BY YOU TO ELECTRUM. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ELECTRUM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA). WITHOUT LIMITING THE FOREGOING, ELECTRUM SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (1) YOUR INABILITY TO ACCESS OR USE THE WEBSITE AND ITS SERVICES AS THE RESULT OF ANY EVENT BEYOND THE REASONABLE CONTROL OF ELECTRUM (INCLUDING, WITHOUT LIMITATION, ANY PROGRAMMING ERROR, ANY VIRUS OR ANY DELAY OR FAILURE OF THE PERFORMANCE OF THE INTERNET) OR (2) ANY MATERIALS PROVIDED BY THE MEMBERS.

SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU HAVE ACCEPTED THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AS PART OF A BARGAIN WITH RESPECT TO THE PRICING OF ELECTRUM'S SERVICES PROVIDED ON THE WEBSITE AND UNDERSTAND THAT THE PRICING WOULD BE HIGHER IF ELECTRUM WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.

10. Intellectual Property Rights

The Website involves the use of a computer system comprising content that is protected by copyright, trademark, trade secret, patent or other intellectual property rights laws. Electrum retains all right, title and interest, including, without limitation, all intellectual property rights, in and to such content, and any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof). You shall not take any action to jeopardize, limit or interfere in any manner with Electrum's ownership of and rights with respect to the Website and the content, or any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof), and all intellectual property rights in and to each of the foregoing. You shall not directly or indirectly modify, translate, decompile, disassemble or otherwise reverse engineer, or determine or attempt to determine the source or executable code, or protocols of the computer programming, or create any derivative works based upon the content, and you shall not permit, authorize or assist anyone else to do so.

11. Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Solar.com infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. section 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

(11.1) Your physical or electronic signature. (11.2) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works. (11.3) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. (11.4) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). (11.5) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. (11.6) A statement that the information in the written notice is accurate. (11.7) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is: Pick My Solar Corp. dba Electrum, 525 S. Hewitt Street, Los Angeles, CA 90013, Email: hello@electrum.co, Phone: 888-454-9979.

12. Indemnification

You agree to indemnify, defend and hold harmless Solar.com, its affiliates, and their respective directors, officers and employees from and against all claims, actions, demands, losses, liabilities, penalties, judgments, damages, costs and expenses (including reasonable attorneys' fees and costs) resulting from (a) your access or use of the Website and its services and your account, whether or not authorized, (b) any and all material submitted by you to the Website and/or Solar.com, (c) your breach of any covenant, representation or warranty contained in these Terms of Service, and (d) your negligent or willful acts or omissions.

13. Text Messaging (SMS) Program

By providing your mobile phone number, you agree that Pick My Solar Corp. dba Electrum ("Solar.com") and its authorized service providers may contact you at that number by text (SMS) message for account, verification, and transactional purposes relating to the services you request, including one-time passcodes and login codes, account updates, project and appointment notifications, and customer support. Providing your number for these purposes is your consent to receive such service messages.

You will receive recurring marketing or promotional text messages only if you separately opt in by providing your prior express written consent (for example, by affirmatively checking a dedicated marketing-consent checkbox). Consent to receive marketing texts is not a condition of purchasing any goods or services, and marketing messages are sent using automated technology. Message frequency varies and message and data rates may apply.

You may opt out of text messages at any time by replying STOP, UNSUBSCRIBE, or CANCEL to any message, and you may reply HELP for assistance or contact us at hello@solar.com or 888-454-9979. Opting out of marketing messages will not affect service or transactional messages that are necessary to provide services you have requested. Your carrier is not liable for delayed or undelivered messages. How we handle your mobile information is described in our Privacy Policy; we do not sell or share mobile opt-in information with third parties for their marketing purposes.

14. Privacy Policy

You may access the Solar.com Privacy Policy governing the use of information acquired from you through this Website.

15. Export

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you access the Website, including laws regarding access, use, export and import of any Content. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law.

16. Miscellaneous

(16.1) Electrum reserves the right to change these Terms of Service in whole or in part, at any time with or without notice. Such changes shall be effective when posted on the Website, and your continued access or use of the Website and its services shall be considered acceptance of such changes.

(16.2) Any contract or agreement for services that you may enter into by accessing and using this Website is solely between you and the other party listed on the contract. Electrum is not a party to any such contract or agreement, has no obligations under any such contract or agreement, and expressly disclaims all liability whatsoever arising out of, or in connection with, any such contract or agreement.

(16.3) No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use. These Terms of Use constitute the entire agreement between you and Electrum, and supersede all other written and oral communications or agreements, with regard to the Website and its services.

(16.4) Any waiver of these Terms of Use by Electrum shall only be effective if in a writing signed by an authorized officer of Electrum. Electrum's failure to act with respect to a breach of these Terms of Use by you or others does not waive Electrum's right to act with respect to subsequent or similar breaches.

(16.5) The Website is controlled, operated and administered by Electrum from its offices in Los Angeles, California. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. Any claim or cause of action by you against Electrum with respect to your access or use of the Website and its services or your account shall be brought in the federal or state courts of California within one (1) year after the claim or cause of action arises. Accessing or using the Website shall constitute effective execution and delivery by you of these Terms of Use. In any dispute between Electrum and you relating to this Website or the services provided through the Website, the prevailing party will be entitled to attorneys' fees, costs and expenses.

(16.6) Without limiting any other remedy under law, in equity or pursuant to these Terms of Service, you acknowledge and agree that Electrum shall be entitled to seek injunctive relief or other equitable relief for any breach of these Terms of Use.

(16.7) If any provision of these Terms of Use is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.

(16.8) The Content of the Website is protected by United States and international copyright, trademark and other laws. Electrum does not convey to anyone, through allowing access to the Website, any ownership rights in the Website or in any Content appearing on or made available through the Website. By furnishing information on this Website, Electrum does not grant any licenses to any copyrights, patents or any other intellectual property rights.