Terms of Service

1.Agreement and acceptance

These Terms of Service (the "Terms") are a legal agreement between you and The Day Company LLC, a Washington limited liability company with a mailing address at 100 N Howard St Ste R, Spokane, WA 99201. They govern your use of the Service. We have operated since March 2023.

1.1 How you accept

You accept these Terms by checking a box on one of our forms that refers to them and submitting the form, which is your electronic signature under the federal E-SIGN Act (15 U.S.C. § 7001) and applicable state electronic-transactions laws. You also accept them by using the Website. If you don't agree, don't use the Service.

1.2 Eligibility

You must be at least 18 and located in the United States. Our homeowner service is built for Illinois homeowners in ComEd and Ameren Illinois service territories; if you use the Website from somewhere else, these Terms still apply to your use. By submitting property information, you confirm that you own the property or are authorized by the owner to submit it.

1.3 Business users

If you use the Service for a business, for example to apply as a partner or to buy requests, you accept these Terms for yourself and for that business, and you confirm you're authorized to do so. A separate written agreement governs that business relationship, and it controls if it conflicts with these Terms.

1.4 Privacy

Our Privacy Policy explains how we collect, use, share, and sell personal information, including the cookies, pixels, and session recording we use, and the choices you have. It describes our practices and isn't part of this contract, but disputes about it are covered by Section 13. You can opt out of sales and sharing at any time on our Do Not Sell or Share My Personal Information page.

2.Key terms and how to read these Terms

2.1 Key terms

"The Day Company," "we," "us," and "our"

The Day Company LLC.

"You"

The person using the Service and, under Section 1.3, any business that person represents.

"Service"

The Website and our eligibility checks, surveys, tools, communications, and related services.

"Website"

theday.company and all of its pages, forms, surveys, and tools.

"Eligibility Check"

Our free questionnaire about whether a solar and battery review makes sense for a home. It isn't a credit application, a quote, or a purchase.

"Request"

The information you submit through one of our homeowner eligibility checks or surveys, including your contact details and answers.

"Partner"

The one company that receives a request: an installation partner, a request buyer, or a matching company, as described in Section 5 of our Privacy Policy.

"Installation partner"

A solar installation company that receives a request after you agree to an appointment we arrange.

"Request buyer"

A company, such as an installer, dealer, or solar sales company, that buys a request on an exclusive basis.

"Matching company"

A company that connects homeowners with service providers and has agreed in writing to pass each request it receives from us to one participating provider and no one else.

"Consent Record"

Our record of how and when you submitted a form, the consent text and disclosures you saw, and your selections.

"Day Company Parties"

The Day Company and its members, managers, employees, independent contractors, and agents.

"Claim"

Any dispute, claim, or controversy, whether based on contract, tort, statute, regulation, or any other legal theory, and whether it exists now or arises later.

2.2 How to read these Terms

• The summary and the headings are for convenience only. They don't limit or change the numbered sections, which control.
• "Including," "such as," and "for example" mean "including without limitation." Examples illustrate; they don't limit.
• When these Terms say we "may" do something, that is a right we have, not a promise that we will do it.
• The singular includes the plural, and the plural includes the singular.
• If these Terms conflict with a separate written agreement between you and us, that agreement controls for its subject (Section 1.3). If these Terms conflict with the Privacy Policy about how we handle personal information, the Privacy Policy controls on that subject.
• These Terms are written in English. Any translation is for convenience, and the English version controls.
• Section 17.2 explains what happens if a court holds any part of these Terms unenforceable. Section 13 has its own rules (Sections 13.8 and 13.12).

3.Changes to these Terms

We may change these Terms going forward only. For material changes, we'll give at least 30 days' notice, by email where we have your address and by a notice on the Website, before the changes apply to you. New users accept the current Terms when they submit a form or start using the Service.

Your existing rights are protected. No change applies to a Claim that arose, or that either side had notice of, before the change took effect. Any material change to Section 13 gives you a new 30-day window to opt out of arbitration (Section 13.9). Continuing to use the Service after a change takes effect means you accept it going forward. Earlier versions are archived and available on request.

4.What we are, and what we aren't

What we are. The Day Company is an independent Illinois solar and battery information resource and lead-generation service. We publish sourced, dated information; run free eligibility checks; and send each homeowner request to one Partner, which pays us. Our business model is described in plain English on our About page.

What we aren't. We aren't a solar installer, contractor, seller, designer, engineer, manufacturer, lender, insurer, or utility, and we don't perform home repair or remodeling. We sell homeowners no goods or services, prepare no quotes, and aren't a party to any purchase, lease, power-purchase, or financing agreement you sign with anyone. We don't give tax, legal, financial, or engineering advice. For example, the federal residential clean energy credit (26 U.S.C. § 25D) doesn't apply to expenditures made after December 31, 2025, and how any incentive applies to you is a question for your own tax professional.

No affiliation. We aren't affiliated with, endorsed by, or acting for ComEd, Ameren Illinois, the Citizens Utility Board, Illinois Shines, the Illinois Power Agency, the Illinois Commerce Commission, Illinois Solar for All, the IRS, PJM, or MISO. Utility and program names identify service territories and public programs only. We aren't an Illinois Shines Approved Vendor, we don't administer any incentive program, and we don't guarantee the availability, capacity, or value of any program, block, rebate, or credit.

5.How the Service works

When you submit the Eligibility Check: (a) your answers go to our team; (b) we may send your request to one Partner, never more than one, and never to a second Partner once one has it; and (c) if your home isn't a fit, we tell you so. Answers from a survey you don't finish stay with our team and are never sent to a Partner. Nothing you submit obligates you to buy anything, switch suppliers, or sign anything.

Your information must be accurate and yours to give. You agree that everything you submit is true and current; that the property is one you own or are authorized to represent; and that the phone number and email address are your own or ones you're authorized to use. Submitting someone else's contact information without their permission, or submitting false information, is a material breach of these Terms (Section 12.3).

6.Calls and texts

6.1 Your consent

Our surveys include an unchecked consent box. By checking it and submitting, you sign electronically and give your prior express written consent for The Day Company to call and text you about solar and batteries for your home at the number you provided, including texts sent with automated technology, even if your number is on a federal, state, or company do-not-call list. Message frequency varies, and message and data rates may apply. Consent isn't a condition of any purchase.

6.2 How we contact you

6.3 A Partner's own contact

A Partner can't rely on your consent to us to call a number on a do-not-call list or to contact you with automated technology. Each Partner is responsible for its own calls and messages.

6.4 Revoking consent

Reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any text; use the unsubscribe link in any email; tell us on any call; email [email protected]; or tell us any other reasonable way. We honor revocations right away where we can, and never later than 10 business days after we receive them. Details are in Section 13 of our Privacy Policy.

6.5 Consent Records

We keep Consent Records for at least five years. We may show the Partner that received your request when and how you submitted it, only so it can confirm the request is genuine.

7.Appointments and Partners

Appointments. In-home reviews happen only after you agree to them, at the time you choose. No one comes to your door unannounced. You control access to your home, and either side may reschedule or cancel.

Partners are independent companies. Partners, and any provider a matching company passes your request to, aren't our employees or agents. Their conduct, statements, pricing, products, system designs, quotes, financing, contracts, workmanship, and warranties are their own responsibility. Any agreement you sign is between you and that company, or its financing providers, including any cancellation rights that apply to in-home sales under the law of your state. We aren't a party to it, and Claims about it should go to that company. Nothing in this section limits any right you have that can't be waived.

8.Calculators, estimates, and content: no guarantees

Our calculators produce illustrative estimates only, built from assumptions you control. They aren't quotes, savings guarantees, production forecasts, or promises of payback or return, and they don't include system price, financing, taxes, or incentives. Your real numbers depend on your home, roof, usage, system design, and final terms with whoever you buy from.

We work hard to keep published figures sourced, dated, and accurate. Our sourcing rules are public at Editorial Standards, and you can report errors through Corrections. But rates, tariffs, incentives, and programs change, sometimes quickly. Every figure is current only as of its stated review date, and we don't warrant that any content is complete, current, or error-free. Check current rates with your utility or the Citizens Utility Board before you make decisions.

9.Acceptable use, intellectual property, and AI

9.1 Using the Service

You agree to use the Service lawfully and for its intended purpose. You won't interfere with or disrupt the Service; probe, scan, or test its security; bypass access controls; harvest data about other users; submit malicious code; use bots or other automated means to submit forms; submit a request for anyone without their permission; or use the Service to send unlawful communications. Submissions made to manufacture legal claims rather than to use the Service are unauthorized use.

9.2 Our content and marks

The Website's content, design, code, text, and graphics, and the "The Day Company" name and marks, are owned by us or our licensors and protected by intellectual-property law. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes.

9.3 Indexing, citation, and AI

We want to be cited. Good-faith crawling, indexing, caching, retrieval, and quotation of the Website's public pages by search engines and AI assistants, to generate answers that attribute or link to theday.company and consistent with our robots.txt, is welcome and permitted. What isn't permitted: using Website content to train, fine-tune, or develop any machine-learning or artificial-intelligence model, or systematically reproducing, scraping, or redistributing the Website's content wholesale. Permission to crawl or index is a limited license for indexing and citation only; it doesn't include permission to train.

9.4 Copyright complaints and repeat infringers

If you believe content on the Website infringes your copyright, send a notice that meets 17 U.S.C. § 512(c)(3) to our copyright agent: Copyright Agent, The Day Company LLC, 100 N Howard St Ste R, Spokane, WA 99201, [email protected]. If content you posted was removed and you believe that was a mistake, you may send a counter-notice that meets 17 U.S.C. § 512(g)(3). We remove infringing content when appropriate and, in appropriate circumstances, block repeat infringers from the Service.

9.5 Enforcement

We may remove content, refuse requests, and suspend or block access for anyone who violates this Section 9 or misuses the Service.

10.Reviews, feedback, and testimonials

Your right to review us is untouchable. Nothing in these Terms restricts, penalizes, or discourages your ability to post honest reviews of our Service anywhere, consistent with the Consumer Review Fairness Act (15 U.S.C. § 45b). We never offer payment, discounts, or anything of value in exchange for a review, and we never ask anyone to make a review positive.

How we handle reviews on our site. Every review goes through the same process, whatever its star rating or tone. We may decline or remove a review only if we can't confirm it comes from a real customer, or if it contains personal information, profanity, threats, unlawful content, or nothing about our service. We don't hold back or delay reviews because they're negative.

If you send us a review, feedback, or a testimonial, you confirm that it reflects your honest opinion and real experience, and you grant us a non-exclusive, royalty-free license to use, reproduce, and display it, with your first name, last initial, and city, and any likeness or voice you included, in connection with the Service. This is your written consent under the Illinois Right of Publicity Act (765 ILCS 1075). If you change your mind, email [email protected] and we'll stop future uses.

11.Disclaimers of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. Section 15 explains how this section applies in New Jersey and other states.

12.Limitation of liability and responsibility for false submissions

12.1 Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) EXCEPT FOR AMOUNTS OWED UNDER SECTIONS 12.3 AND 12.4, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING FROM OR RELATING TO THE SERVICE; AND (B) THE DAY COMPANY PARTIES' TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.

12.2 What this section doesn't do

Nothing in these Terms limits or excludes liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by negligence, or limits, excludes, or modifies any right or remedy you have under a consumer-protection or other statute that can't be limited by agreement, including the Illinois Consumer Fraud and Deceptive Business Practices Act and the New Jersey Consumer Fraud Act. These limits are an essential basis of the bargain between you and us, and they apply even if a remedy fails of its essential purpose.

12.3 Responsibility for false submissions

If you submit someone else's contact information without their permission, or submit false information, and someone sues us because of it, you'll reimburse our reasonable costs of that lawsuit, including reasonable attorneys' fees, to the extent the law allows. This never applies to a claim you bring against us, never covers our own conduct, and doesn't limit any right you have that can't be waived.

12.4 Business users

If you use the Service for a business, you and that business will indemnify the Day Company Parties against third-party Claims, including actions by government authorities, arising out of or relating to your unlawful use of the Service or your breach of these Terms, including reasonable attorneys' fees, to the extent the law allows.

13.Dispute resolution: arbitration agreement and class-action waiver

13.1 Agreement to arbitrate

You and The Day Company agree that any Claim arising out of or relating to these Terms, the Service, the Website, our communications with you (including calls and texts), our collection, use, sharing, or sale of personal information, or your relationship with us will be resolved by binding individual arbitration, except as Section 13.2 provides. This includes Claims involving any of the Day Company Parties, and Claims against the Partner that received your request arising from that Partner's contact with you about it. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs this Section 13, which survives the end of your relationship with us.

13.2 What isn't covered

• Small claims. Either side may bring an individual Claim in small claims court in the county where you live or in Spokane County, Washington, at the filing party's choice. If the case is transferred or appealed out of small claims court, either side may then require arbitration.
• Intellectual property and unauthorized access. Either side may ask a court for injunctive or other equitable relief for infringement or misuse of intellectual property or unauthorized access to the Service.
• Sexual assault and sexual harassment disputes. Consistent with 9 U.S.C. §§ 401–402, at your election this arbitration agreement and any joint-action waiver don't apply to a dispute alleging sexual assault or sexual harassment, and a court, not the arbitrator, decides whether that applies.
• Public injunctive relief. Nothing in these Terms waives a right to seek public injunctive relief that can't be waived. If a Claim for public injunctive relief can't lawfully be arbitrated or waived, that Claim, and only that Claim, will be decided by a court after arbitration of all arbitrable Claims is complete.

13.3 Talk to us first

Before starting an arbitration, the side with a Claim will send the other a written notice that includes its name, contact information, a description of the Claim, and the relief it wants: to us at [email protected] or our mailing address in Section 18, and to you at the contact information you gave us. For 30 days after the notice, both sides will try in good faith to resolve the dispute, including by phone or video conference if either side asks. All limitations periods are paused during this time. An arbitration may be filed only after this process is complete.

13.4 Rules and administrator

The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, as in effect when the arbitration is filed (available at adr.org). If the AAA is unavailable or declines, National Arbitration and Mediation (NAM) will administer it under its comparable consumer rules; if neither can serve, a court will appoint an arbitrator under 9 U.S.C. § 5.

13.5 Fees and costs

Your filing fee is capped at the amount set by the AAA's consumer fee schedule, and we'll pay the other AAA administrative and arbitrator fees that schedule assigns to us. We won't seek our attorneys' fees or costs from you in arbitration unless the arbitrator finds your Claim was frivolous or brought for an improper purpose. The arbitrator may award you attorneys' fees and costs wherever the law provides for them.

13.6 Format and location

The arbitration will be decided on the documents or by videoconference unless the arbitrator decides an in-person hearing is necessary. If so, it will take place somewhere reasonably convenient for you, consistent with the AAA's consumer rules. You won't be required to travel to Washington.

13.7 The arbitrator's authority

The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court decides (a) whether the class-action waiver in Section 13.8 is enforceable, (b) whether the sexual-assault and sexual-harassment provision in Section 13.2 applies, and (c) whether a Claim qualifies for small claims court. The arbitrator may award the same individual relief a court could, including damages, injunctive or declaratory relief for you individually, and attorneys' fees where the law provides, and must follow these Terms and the law. On either side's request, the arbitrator will issue a written, reasoned decision. Judgment on the award may be entered in any court with jurisdiction.

13.8 Class-action waiver

YOU AND THE DAY COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Claims will be arbitrated only on an individual basis, and the arbitrator may not consolidate Claims or preside over any form of class or representative proceeding without every party's written consent. If a court holds this waiver unenforceable for a particular Claim, Section 13 won't apply to that Claim alone, which will proceed in court under Section 14 after all other Claims are arbitrated, and this waiver stays fully enforceable for every other Claim.

13.9 Your 30-day right to opt out

You may reject this arbitration agreement, with no penalty and no effect on the rest of these Terms, by emailing [email protected] with the subject line "Arbitration Opt-Out," or by writing to The Day Company LLC, Attn: Legal, 100 N Howard St Ste R, Spokane, WA 99201, within 30 days after you first accept these Terms, or within 30 days after we notify you of a material change to this Section 13. Include your name, phone number, and a statement that you opt out of arbitration. If you accepted an earlier version, our notice of this version starts a new 30-day window.

13.10 Coordinated filings

If 25 or more similar arbitration demands are filed by or with the help of coordinated counsel, the AAA's Mass Arbitration Supplementary Rules apply, including global mediation and a Process Arbitrator. After that, the demands will proceed in staged batches: each side may select up to ten (10) demands per batch to go forward individually, while the rest wait, with all filing deadlines and limitations periods paused. Safety valve: any claimant whose demand has waited more than 240 days after batching begins may choose, by written notice, to have their individual arbitration go forward right away, or to withdraw it and file in court under Section 14, with the pause preserved. Nothing in this section limits the AAA's authority under its own rules, including over fees and administration.

13.11 Confidentiality

Both sides will keep arbitration filings, proceedings, and awards confidential, except as needed to enforce or challenge an award, pursue or defend legal rights, or comply with the law. Nothing in these Terms stops you from making truthful reports to any government agency or regulator, or from posting honest reviews (Section 10).

13.12 If part of this section is unenforceable

Except as Section 13.8 provides for the class-action waiver, if any part of this Section 13 is held unenforceable, that part is severed, and the rest of Section 13 still applies.

14.Governing law and venue

Washington law governs these Terms, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 13, and nothing in these Terms takes away the protection of any consumer-protection law of your state that can't be waived by contract.

For any Claim that Section 13 doesn't send to arbitration, or that it allows in court, exclusive venue is the state or federal courts in Spokane County, Washington, and both sides consent to personal jurisdiction there, except for small-claims cases under Section 13.2, and except that you may bring a consumer Claim in your home state where its law requires that. TO THE EXTENT THE LAW ALLOWS, BOTH SIDES WAIVE TRIAL BY JURY IN ANY COURT CASE. This jury waiver doesn't apply in states that don't allow it before a dispute arises, including California and Georgia.

15.State-specific terms

New Jersey residents. Sections 11 (Disclaimers of warranties), 12 (Limitation of liability and responsibility for false submissions), and 17.8 (Time to bring Claims) don't apply to you to the extent New Jersey law doesn't allow them, including under the New Jersey Consumer Fraud Act and the Truth-in-Consumer Contract, Warranty and Notice Act. Nothing in these Terms limits your rights under those laws.

California residents. Under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210. The jury waiver in Section 14 doesn't apply to you.

Georgia residents. The jury waiver in Section 14 doesn't apply to you.

Illinois residents. Nothing in these Terms waives your rights under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505).

16.Accessibility

We want everyone to be able to use the Website. We aim to meet the Web Content Accessibility Guidelines (WCAG) 2.2 at Level AA, and we keep improving. If anything on the Website is hard to use, email [email protected] and we'll get you the information another way.

17.General terms

17.1 Entire agreement; no reliance

These Terms, together with any separate written agreement under Section 1.3, are the entire agreement between you and us about the Service, and they replace earlier discussions and, once this version applies to you (Section 3), earlier versions. The Privacy Policy describes our practices and isn't part of this contract, except that Section 13 covers disputes about it. You agree you haven't relied on any statement that isn't in these Terms, provided that nothing in this section limits any right you have that can't be waived, including with respect to fraud.

17.2 Severability

Except as Sections 13.8 and 13.12 provide, if any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent allowed, and the rest of these Terms stays in full effect.

17.3 Third-party beneficiaries

The Partner that received your request may enforce Section 13 for Claims arising from its contact with you about that request. The Day Company Parties may enforce Sections 11, 12, and 13. Otherwise, these Terms create no rights in any third party.

17.4 Assignment

We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of assets, and any successor is bound by them. You may not assign these Terms.

17.5 No waiver

If we don't enforce a provision, that isn't a waiver of it.

17.6 Notices

We may send notices to the email address, phone number, or mailing address you gave us, or post them on the Website. Except where these Terms allow a different method, such as the email opt-out in Section 13.9, legal notices to us go to [email protected] and to our mailing address in Section 18.

17.7 Electronic communications and signatures

You agree to receive agreements, disclosures, and notices from us electronically, and that your electronic acceptance has the same force as a handwritten signature. You may ask for a paper copy of these Terms by email.

17.8 Time to bring Claims

Any Claim relating to the Service must be brought within one (1) year after it accrues. This limit doesn't apply to Claims under any statute, or where the law requires a longer period for a Claim; in those cases, the period the law sets applies.

17.9 Events beyond our control

We aren't responsible for delay or failure caused by events beyond our reasonable control.

17.10 Changes to the Service; suspension

We may modify, suspend, or discontinue any part of the Service at any time, and we may suspend or end your access if you violate these Terms or misuse the Service. This section concerns the Service itself; changes to these Terms are governed only by Section 3.

17.11 Paid services

If we ever offer a paid service, it will come with its own terms, which you'll see before you pay.

17.12 Survival

Sections 2, 5 (your accuracy promise), 6.5, 9, 10, 11, 12, 13, 14, 15, and 17 survive any termination of these Terms or your use of the Service.

18.Contact

Questions about these Terms, legal notices, and arbitration opt-outs: The Day Company LLC. Email: [email protected]. Mail: The Day Company LLC, Attn: Legal, 100 N Howard St Ste R, Spokane, WA 99201, United States. General questions: [email protected].

How to cite: The Day Company LLC, "Terms of Service," effective October 1, 2026, https://theday.company/tos.

Changelog · last updated October 1, 2026 · 3 updates

• October 1, 2026 — Updated to match how requests are handled today: one Partner per request (an installation partner, a request buyer, or a matching company) and a consent box that names The Day Company only. Added key terms and reading rules; business-user terms; responsibility for false submissions; state-specific terms for New Jersey, California, Georgia, and Illinois; accessibility, copyright repeat-infringer, and paid-services terms; review rules that are the same for every star rating; a plain-language arbitration notice; and arbitration coverage for privacy disputes, the Day Company Parties, and the Partner that received a request. Legal contact moved to [email protected]. Existing users get 30 days' notice and a new arbitration opt-out window.
• July 24, 2026 — Rewritten: plain definitions; contact provisions matched to practice (human-placed calls, appointment-reminder texts, no artificial or AI voice); consumer indemnification removed; prospective-only amendments with 30 days' notice; arbitration carve-outs, a coordinated-filing safety valve, and a renewed opt-out; venue with home-state protections.
• July 12, 2026 — Prior comprehensive update.

Earlier versions are available on request.