1. Scope and Applicability

Please review the following Terms of Service (“Terms”) concerning your use of www.solaracessenergy.com (“Site”). The Terms are a binding contract between you and SRSC RE LLC dba SolarAccess Energy (“we,” “us,” “our,” “SolarAccess Energy”). By accessing the Site, and accessing, using, or downloading any materials from the Site, you agree to follow and be bound by these Terms and our Privacy Notice and California Disclosures and Privacy Policy (collectively “Privacy Policies”).

SolarAccess Energy reserves the right to update or modify these Terms at any time and without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Site. Each instance of access or use of the Site will serve as acceptance of the updated Terms.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE SERVICES OF SOLARACCESS ENERGY.

   2. Our Service

SolarAccess Energy services contracts for the purchase of energy services generated by solar panels which may be combined with battery energy storage systems, and the related system operation, maintenance, and repair (collectively the “Service”).

The Site includes instructions for accessing the Service and completing a transaction, which may include one or more of the following steps: (i) you provide requested biographical information; (ii) you create a unique password; (iii) you respond to a series of questions which allow us to confirm your identity; (iv) making monthly payments; and (v) submitting repair requests.

If at any time you have questions about the Site or the Service, you can reach us via e-mail to support@sa.energy or by telephone at (844) 588-9525.

Although SolarAccess Energy attempts to provide accurate information on the Site, it assumes no responsibility for the accuracy of the information. SolarAccess Energy may change the Service at any time without notice. SolarAccess Energy may periodically make changes to the Site.

   3. Communication

SolarAccess Energy will communicate with you in a variety of different ways, including, but not limited to email, telephone, fax, voicemail, letters sent by post, text and SMS messaging, and in person. Some communications occur through multiple channels. Such communications are confidential and only intended for you. By using our Service, you acknowledge the following communications-related practices.

Consent to Calls: By engaging with our Site and obtaining our Service, you agree that in order for us to service your account or collect any amount you owe, you agree that we may contact you by phone, text or email. We are permitted to use any address, telephone number, or email address that you or any of your authorized representatives or agents have provided to us. You, your authorized representatives, and your agents agree to provide accurate and current contact information and only give us phone numbers and email addresses that belong to you. Text messages may include, but are not limited to, reminders, notifications, and collection communications.

When you give us a telephone number, you are providing your express consent permitting us (and any party acting on our behalf) to contact you at the telephone number you provide. We may call you and send you text messages. You agree that we may leave prerecorded or artificial voice messages. You also agree that we may use automatic telephone dialing systems in connection with call or text messages sent by us to any telephone number you give us, even if the telephone number is a mobile phone number or other communication service for which you or the subscriber is charged.

Recording & Monitoring of Communications: As described herein, your communications with us via our Service and/or our Site, email, and telephone may be recorded and/or monitored by us and our vendors. By using such communication method you are consenting to the recording and/or monitoring of the same.

   4. Your Representations, Obligations, and Consent

Registration: By creating an online account with SolarAccess Energy, you acknowledge that you are over the age of 18, and that the information you provide to us is accurate, complete, and current. You agree to provide us with a license (to the extent legally necessary) to utilize your data and information in order to complete the Service.

Please review our Privacy Policies. By accessing or using the Site, you agree to our Privacy Policies, and you understand that when using the Site and/or Service, you will be asked to provide certain personal information which may be sensitive, such as your email address, legal name, country of residence, zip code, your physical address, telephone number(s), applicable payment data and information. You agree to be liable to us for any inaccurate information, and if your information changes, you agree to update it with us as soon as practical.

Confidentiality and Security: You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether you authorized it or not. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. SolarAccess Energy reserves the right to immediately suspend your use of our Site in the event of actual or suspected unauthorized use of your account.

You agree and acknowledge that you have the sole responsibility and liability for providing or obtaining, securing (by using appropriate virus-detecting software) and for maintaining, any electronic device you use to access the Site or Service, such as a traditional computer such as a desktop or laptop computer; or a mobile device such as a tablet computer or smartphone (an “Access Device”) electrical power, telephone and or internet services, etc.

Applicable Laws: You acknowledge that the Service may be subject to various state and federal laws. You understand and agree that both you and SolarAccess Energy intend for any applicable laws to apply to the fullest extent possible to validate SolarAccess Energy ability to conduct business with you by electronic means. Disputes over this Site shall be covered by applicable laws in the State of California.

YOU AGREE THAT YOU WILL NOT:

• Misuse the Site or the Service;
• Attempt to hack, disable, upload or infect our Site with viruses or other harmful code;
• Provide or upload intentionally inaccurate, incomplete, fraudulent; deceptive materials, or materials that you do not own, license, or have the right to use;
• Reverse engineer, disassemble, decompile, modify or otherwise attempt to derive source code, architecture, structure, or other elements of our software, Site; or
• Upload lewd or obscene materials; engage in conduct that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, or obscene.

SOLARACCESS ENERGY RESERVES THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, OR REMOVE OR EDIT CONTENT, IN OUR SOLE DISCRETION. SOLARACCESS ENERGY WILL HAVE THE RIGHT TO TERMINATE YOUR ACCESS TO AND/OR USE OF THE SITE IMMEDIATELY IF YOU BREACH ANY OF THESE TERMS.

   5. SolarAccess Energy’s Representations and Obligations

SolarAccess Energy agrees to use commercially reasonable efforts to: (a) provide the Service in a professional and workmanlike manner; (b) follow our Privacy Policies, and (c) maintain industry-standard security measures to protect the Service.

SolarAccess Energy, the SolarAccess Energy logo(s), and the Site are all property of SolarAccess Energy. Other trademarks, product names and SolarAccess Energy names or logos used on this Site are the property of their respective owners. All images, graphics, text and other content used in connection with the Site are protected by trademark, copyright and other proprietary laws and treaty provisions. You may not download (except where invited), reproduce, modify, publish, distribute, transmit, transfer, sell or modify any portion of this Site without our express written authorization.

   6. Disclaimer By SolarAccess Energy

This Site and the Service ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE SPECIFICALLY NOTED HEREIN, SOLARACCESS ENERGY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICE AND IMPLEMENTATION OF THE SERVICE ARE PROVIDED “AS IS” AND SOLARACCESS ENERGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

   7. SolarAccess Energy’s Limitation of Liability

IN NO EVENT SHALL SOLARACCESS ENERGY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS, LOST DATA, OR LOST PROFITS, OR FOR ANY MATTER BEYOND SOLARACCESS ENERGY’S REASONABLE CONTROL.

   8. Indemnification by You

YOU AGREE, TO THE EXTENT PERMISSIBLE BY LAW, TO BE LIABLE TO SOLARACCESS ENERGY FOR, AND INDEMNIFY AND HOLD HARMLESS SOLARACCESS ENERGY AND ITS AFFILIATES AGAINST THIRD PARTIES FOR ANY BREACH OF THESE TERMS.

   9. Miscellaneous Terms and Conditions

These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

SolarAccess Energy’s obligations under these Terms are subject to existing laws and legal process and nothing contained in these Terms is in derogation of SolarAccess Energy’s right to comply with law enforcement requests or requirements relating to a user's use of the Site, the Service, or any information provided to or gathered by SolarAccess Energy.

A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

   10. Arbitration Clause / Class Action Waiver

The following arbitration provisions significantly affect Your rights in any dispute with us. Please read the following disclosures and the arbitration provision that follows carefully before you use our Services and/or website.

1. If either you or we choose, any dispute between you and us will be decided by arbitration and not in court.
2. If such dispute is arbitrated, you and we will give up the right to a trial by a court or a jury trial.
3. You agree to give up any right you may have to bring a class action lawsuit or class arbitration, or to participate in either as a claimant, and you agree to give up any right you may have to consolidate your arbitration with the arbitration of others.
4. The information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit.
5. Other rights that you and/or we would have in court may not be available in arbitration.

Any claim or dispute, whether in contract, tort, statute, or otherwise (including any dispute over the interpretation, scope, or validity of this provision, arbitration section or the arbitrability of any issue), between You and SolarAccess Energy, or any of our shareholders, employees, agents, contractors, webhosts, web designers, administrators, successors, or assigns (each a “Third Party Beneficiary”), which arises out of or relates to our Services, this website, mobile application, the data provided to us, the data held by us, alleged improper data exfiltration or sharing, subscriptions, or any resulting transaction or relationship arising out of your access to our website (including any such relationship with third parties who do not agree to this contract) shall, at the election of either you, us, or a third party beneficiary, be resolved by a neutral, binding arbitration and not by a court action. Notwithstanding the above, this arbitration clause does not require arbitration of a claim or dispute for public injunctive relief under California law. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. The arbitrator may not preside over a consolidated, representative, class, collective, public injunctive relief, or private attorney general action. You expressly waive any right you may have to arbitrate a consolidated, representative, class, collective, public injunctive relief, or private attorney general action. The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, or by any other organization that you may choose, subject to our or a third-party beneficiary’s approval. You may get a copy of the rules of the American Arbitration Association by visiting its website at www.adr.org.

The arbitrator shall be an attorney or retired judge and shall be selected in accordance with the applicable rules. The arbitrator shall apply the law in deciding the dispute. The arbitration hearing shall be conducted in the federal district in which You reside in California or, if You do not reside in California, in the federal district for the United States District Court for the Central District of California. If you demand arbitration first, you will pay the claimant’s initial arbitration filing fees or case management fees required by the applicable rules up to $125, and we will pay any additional initial filing fee or case management fee. We will pay the whole filing fee or case management fee if we demand arbitration first. We will pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours, unless the chosen arbitration provider’s rules require we pay more. The arbitrator shall decide who shall pay any additional costs and fees. Nothing in this paragraph shall prevent you from requesting that the applicable arbitration entity reduce or waive your fees, or that we or a third-party beneficiary voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim.

Your access to our Services, the Site, and providing of data to us in connection with same evidences a transaction involving interstate commerce. Any arbitration under this agreement shall be governed by the Federal Arbitration Act (9 USC 1, et seq.). Judgment upon the award rendered may be entered in any court having jurisdiction.

If any clause within this arbitration section, other than clause 3 or any similar provision dealing with class action, class arbitration or consolidation, is found to be illegal or unenforceable, that clause will be severed from this arbitration section, and the remainder of this arbitration section will be given full force and effect. If any part of clause 3 or any similar provision dealing with class action, class arbitration or consolidation is found to be illegal or unenforceable, then this entire arbitration section will be severed and the remaining provisions of this agreement shall be given full force and effect as if the arbitration section of this agreement had not been included in these Terms. In no event shall an arbitrator be authorized to resolve a claim or dispute or make awards or grant relief exceeding the limitations in clause 3 or any similar provision on class actions, class arbitrations, or consolidation.