TERMS OF SERVICE
theday.company — Last Updated: June 12, 2026
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND LIMITATIONS ON LIABILITY (SECTIONS 8 AND 12) THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 12.8.
Welcome to theday.company (the “Website”), owned and operated by The Day Company LLC, a Washington limited liability company (the “Company,” “we,” “us,” or “our”). These Terms of Service (the “Terms” or this “Agreement”), together with our Privacy Policy (incorporated by reference), govern your access to and use of the Website and the products and services provided through or in connection with the Website (collectively, the “Service”).
1. ACCEPTANCE OF TERMS; ELIGIBILITY
By accessing the Website, interacting with our advertisements, submitting any information through the Website, scheduling an assessment, or otherwise using the Service, you agree to be bound by these Terms and the Privacy Policy. If you do not agree, do not use or access the Service. You represent that you are at least eighteen (18) years of age, reside in the United States, and have the legal capacity to enter into this Agreement. If you submit a property for assessment, you represent that you are a legal owner of that property or are acting with the express authorization of all legal owners.
2. CHANGES TO THESE TERMS
We may update these Terms from time to time. When we do, we will post the revised Terms on the Website and update the “Last Updated” date above. Changes are effective upon posting, and your continued use of the Service after posting constitutes acceptance of the revised Terms. Material changes to the arbitration provision in Section 12 will not apply retroactively to disputes that arose before the change.
3. DEFINITIONS
To ensure clarity, the following terms used on the Website, in our advertisements, and in our communications are defined as follows:
“Field Engineer,” “Designated Site Assessor,” or “Dispatch Coordinator” are proprietary internal titles for sales and marketing personnel of the Company or of independent Fulfillment Partners. These individuals are not state-licensed structural engineers, municipal utility workers, or government agents.
“Secure Dispatch Portal,” “Sector: IL-GRID,” or “Grid Allocation” are proprietary branding and internal operational designations used to organize our scheduling system. They do not denote any connection to, or operation of, any municipal, state, or federal government portal or system.
“Provisionally Approved” or “Initial Clearance” means a preliminary marketing determination based solely on self-reported information (such as zip code and estimated roof shading). It does not guarantee financial qualification, incentive or tax credit eligibility, program funding, or utility interconnection.
“Site Authorization Protocol” means our internal business requirement that all legal property owners be present before an in-home presentation is conducted or system design materials are released.
“Structural Assessment,” “Electrical Review,” or “Panel Verification” means a preliminary, non-invasive visual review and photographic data collection performed for the sole purpose of preparing a preliminary solar system design and sales proposal. It is not a certified home inspection, licensed architectural survey, municipal code compliance check, or licensed structural or electrical engineering service.
“2026 Illinois Solar Program,” “Capacity Block,” “State Funding,” or “Illinois Shines” refer to publicly available, state-administered incentive structures (such as the Illinois Adjustable Block Program) and federal tax credits. The Company is a private, independent entity. The Company does not administer these programs and does not hold, distribute, or guarantee the allocation of any government funds.
“Offset Calculation” or “Custom Offset Report” means a mathematical estimate of potential future utility bill reductions based on historical usage data and estimated solar production. It is a preliminary modeling tool only and is not a guarantee of system performance, financial savings, or future utility rates.
“Route Locking” or “Finalized Schedule” are internal operational designations used to manage scheduling and travel efficiency. They refer to the Company’s private scheduling capacity and do not denote a government-mandated deadline or a loss of state-administered benefits.
“Validation Failure” means a situation in which a property review cannot be completed due to missing documentation (such as utility bills) or the absence of required decision-makers.
“Fulfillment Partner” means an independent third-party solar sales, installation, financing, or related company that may receive your information, contact you, conduct assessments, or provide products or services in connection with your request. Fulfillment Partners are independent businesses and are not employees, agents, partners, or joint venturers of the Company.
4. NATURE OF THE SERVICE; INDEPENDENT MARKETING COMPANY
4.1 What We Are. The Website is an independent, for-profit online marketing, lead generation, assessment routing, and data processing service. The Company connects homeowners who express interest in solar with independent Fulfillment Partners, and may share, license, transfer, or sell the information you submit to Fulfillment Partners and service providers for that purpose, as described in Section 5.5 and the Privacy Policy.
4.2 Not a Government Entity. The Company is not affiliated with, endorsed by, or acting on behalf of the federal government, the State of Illinois, the Illinois Power Agency, the Department of Energy, ComEd, Ameren, or any other utility or municipal entity. References in our advertising to programs, subsidies, funding, or incentives refer to publicly available tax credits, incentive programs, net metering policies, or third-party programs — not funds distributed by the Company.
4.3 Not an Installer, Lender, Utility, or Advisor. The Company does not manufacture or install solar equipment, perform credit analysis, make lending decisions, supply electricity, guarantee utility rates, act as an energy service company, or provide tax, legal, or financial advice.
4.4 No Guarantees. The Company does not guarantee that any user will qualify for any financing, incentive, tax credit, program allocation, or utility offset. Final qualification, pricing, and eligibility are determined solely by Fulfillment Partners, lenders, utilities, program administrators, and your individual circumstances, including your tax liability.
4.5 Incentive and Cost Estimates. Marketing materials may reference federal and state incentives — including the federal Investment Tax Credit and Illinois Shines program incentives — and may include estimated dollar figures or statements that incentives may cover or offset certain installation costs. All such statements are estimates of potential value only. Any statement that incentives “cover” or “offset” installation or labor costs refers to the estimated combined value of available incentives relative to particular project cost components and is an estimate, not a promise of a free system or of any payment to you. Incentive values are not cash payments from the Company; they depend on your individual tax liability, system size and cost, program funding availability, and approval by third parties. Consult a qualified tax professional to determine your actual eligibility.
4.6 Incentive Volatility. State and federal incentives are subject to legislative change, funding exhaustion, and regulatory adjustment without notice. The Company does not guarantee the availability of any incentive amount or program block at the time of your assessment. Any stated offer expiration reflects the Company’s private scheduling capacity and market conditions, not a government deadline.
5. CONSENT TO BE CONTACTED; SMS PROGRAM; DATA SUBMISSION
5.1 Express Written Consent. By submitting your telephone number through any form on the Website, clicking a submission button, or otherwise registering or requesting an assessment, you provide your prior express written consent to receive marketing and informational calls and text messages from The Day Company LLC and its Fulfillment Partners and marketing partners (a current list is available at [INSERT PARTNERS PAGE URL]) at the telephone number you provided, including calls and texts made or delivered using an automatic telephone dialing system, an artificial, prerecorded, or AI-generated voice, or other automated technology, and to receive emails at the email address you provided. Your consent is not a condition of purchasing any property, goods, or services.
5.2 Do-Not-Call Registries; Telemarketing Rules. You agree that your submission constitutes an inquiry, an application, and your express agreement in writing to be contacted for purposes of the Telemarketing Sales Rule, 16 C.F.R. Part 310, the Telephone Consumer Protection Act, and applicable state telemarketing laws, and that the Company and its Fulfillment Partners may contact you even if your telephone number appears on any federal, state, or internal do-not-call list.
5.3 Revoking Consent. You may revoke your consent at any time by replying STOP to any text message, by emailing [email protected], or by any other reasonable means. Revocation will be honored within the time required by applicable law and will not affect the lawfulness of contact occurring before revocation takes effect.
5.4 SMS / Mobile Program Terms. If you opt in to receive SMS/text messages, you agree to receive recurring automated promotional and personalized text messages from or on behalf of the Company. Message frequency varies. Message and data rates may apply. Reply STOP to cancel and HELP for help, or email [email protected]. Mobile carriers are not liable for delayed or undelivered messages.
5.5 Data Submission and Sharing. If you submit utility bills, usage graphs, credit range estimates, property photographs, or other materials to the Company via web form, email, or SMS, you authorize the Company to collect, process, store, and use that information, and to share, license, transfer, or sell it to Fulfillment Partners and service providers, for the purposes of evaluating your request, preparing offset estimates and system designs, and connecting you with solar providers, all as further described in the Privacy Policy.
5.6 Electronic Signature. You agree that your electronic submission constitutes your electronic signature under the federal E-SIGN Act and applicable state law, and you consent to receive disclosures, notices, and communications from us electronically.
5.7 Automated Systems Acknowledgment. You acknowledge that the Company uses automated systems and artificial intelligence to assist with scheduling, routing, communication formatting, and data processing, and that your interactions with the Service may be processed by such systems.
5.8 User-Provided Data Warranty. You represent and warrant that all information and materials you provide are authentic, accurate, and complete. The Company’s estimates rely entirely on the data you provide. Any Offset Calculation or Custom Offset Report is a simulation only, and the Company is not responsible for discrepancies caused by utility rate changes, weather variation, equipment performance, or inaccurate data you provide.
6. IN-HOME ASSESSMENTS; FULFILLMENT PARTNERS; ASSUMPTION OF RISK
6.1 Authorization to Enter. By scheduling an on-site assessment, dispatch window, or consultation through the Service, you authorize representatives of the Company or of independent Fulfillment Partners to enter and visually inspect the exterior and relevant interior areas of the submitted property during the scheduled window for the purpose of preparing a preliminary solar design and proposal.
6.2 Independent Fulfillment Partners. Assessments, consultations, proposals, financing, sales, and installations may be conducted or provided by independent Fulfillment Partners. Fulfillment Partners are independent businesses. They are not employees, agents, partners, or joint venturers of the Company, and the Company does not supervise or control their work. To the maximum extent permitted by law, the Company is not responsible or liable for the acts, omissions, statements, representations, products, services, pricing, financing terms, installations, or workmanship of any Fulfillment Partner, and any claim relating to a Fulfillment Partner must be brought against that Fulfillment Partner.
6.3 Assumption of Risk; Release. You assume the ordinary risks associated with permitting a site visit, and, to the maximum extent permitted by applicable law, you release and hold harmless the Company and its owners, members, officers, employees, and contractors from claims for property damage, personal injury, or trespass arising out of a site visit you scheduled, except to the extent caused by the Company’s own gross negligence or willful misconduct. Nothing in this Section releases any Fulfillment Partner from responsibility for its own conduct.
6.4 Verification of Authority. By participating in a Site Authorization Protocol, you represent and warrant that all legal owners of the property are present and that any information provided or agreements reached are made with the full knowledge and consent of all parties holding a legal interest in the property.
6.5 Scheduling Commitment. By confirming a dispatch window, you acknowledge that professional resources are allocated to reach your property. The Company reserves the right to deprioritize or decline further service to any user who fails to provide access to the property or fails to ensure all decision-makers are present during a confirmed window.
7. NO WARRANTIES
THE SERVICE, THE WEBSITE, AND ALL CONTENT, REPORTS, ESTIMATES, AND MATERIALS PROVIDED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. THE COMPANY DOES NOT WARRANT ANY OUTCOME, QUALIFICATION, SAVINGS, INCENTIVE VALUE, OR THE PERFORMANCE OF ANY FULFILLMENT PARTNER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; TO THAT EXTENT, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND — INCLUDING WITHOUT LIMITATION LOSS OF PROPERTY VALUE, FINANCIAL LOSS, OR LOST SAVINGS — ARISING OUT OF OR RELATING TO THE SERVICE, ANY SITE VISIT, ANY FULFILLMENT PARTNER, OR ANY UTILITY OR PROGRAM ADMINISTRATOR, REGARDLESS OF THE FORM OF ACTION; AND (B) THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU PAID TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; TO THAT EXTENT, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, successors, and their respective owners, members, officers, employees, and contractors from and against any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from: (a) your breach of these Terms; (b) inaccurate, false, or unauthorized information or materials you submit; (c) your violation of any law or the rights of any third party; or (d) your misuse of the Service.
10. PROHIBITED CONDUCT
You agree not to: submit speculative, incorrect, misleading, false, or fraudulent information; submit a property you do not own or lack authority to submit; impersonate any person or entity; use any automated means — including bots, spiders, scrapers, or scripts — to access or interact with the Website; interfere with the operation or security of the Service; or use the Service for any unlawful purpose.
11. INTELLECTUAL PROPERTY; REPORTS
The Website, its content, branding, operational designations, and systems, and all Custom Offset Reports, system designs, and related materials provided to you, are the proprietary property of the Company or its licensors. Reports and designs are provided for your personal, non-commercial use in evaluating solar options for your own property. You may not reproduce, distribute, sell, or commercially exploit any Company materials, and you may not use the Company’s proprietary materials or referral process to broker, resell, or commercially redirect referrals. Nothing in this Section limits your right to obtain quotes or services from any provider of your choosing.
12. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
12.1 Informal Resolution First. Before filing any arbitration or other proceeding, you and the Company agree to attempt in good faith to resolve any dispute informally. Either party may initiate this process by sending a written notice describing the dispute and the relief sought to the other party (for the Company: [email protected] or the mailing address in Section 13.8). If the dispute is not resolved within thirty (30) days after the notice is received, either party may proceed as set forth below.
12.2 Binding Arbitration. Except as provided in Sections 12.5 and 12.6, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, our advertising, our communications with you, or your data shall be resolved by final and binding arbitration before a single arbitrator administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall take place in the county where you reside, or remotely by telephone, video, or written submissions, as provided by the AAA rules. Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules, and the Company will pay all such fees the rules require it to pay. The Federal Arbitration Act governs the interpretation and enforcement of this Section 12.
12.3 Delegation. The arbitrator has exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this arbitration provision, except that only a court may decide disputes concerning the Class Action Waiver in Section 12.4.
12.4 Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. If this Class Action Waiver is held unenforceable as to a particular claim, then the entirety of this Section 12 (other than this sentence and Section 12.7) shall be null and void as to that claim, which shall proceed in court as provided in Section 12.7.
12.5 Small Claims and Equitable Relief Exceptions. Either party may bring an individual claim in small claims court in the county where you reside if the claim qualifies. The Company may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, Confidential Information, or the security of the Service.
12.6 Coordinated Filings. If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against the Company by or with the assistance of the same or coordinated counsel, you and the Company agree that the demands shall be resolved in staged proceedings: counsel for the claimants and the Company shall each select ten (10) demands to proceed first as bellwether arbitrations, while the remaining demands are held in abeyance and all applicable limitations periods are tolled. Following the bellwether resolutions, the parties shall engage in a global mediation before further demands proceed. This Section is intended to promote efficient resolution and applies notwithstanding anything in the AAA rules to the contrary.
12.7 Backup Forum; Jury Waiver. If, and only to the extent that, a claim is found not subject to arbitration, such claim shall be brought exclusively in the state or federal courts located in Spokane County, Washington — except where applicable law requires that a consumer claim be brought in the state where you reside, in which case it shall be brought in that state — and EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.8 Your Right to Opt Out. You may reject this arbitration provision and Class Action Waiver by sending written notice to [email protected] or the mailing address in Section 13.8 within sixty (60) days after you first submit information through the Website. Your notice must include your name, your telephone number(s), and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.
12.9 Governing Law. These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles, except that (a) the Federal Arbitration Act governs this Section 12, and (b) you retain any non-waivable rights and remedies available to you under the mandatory consumer protection laws of the state where you reside or where the submitted property is located.
12.10 Time Limit on Claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE OR BE FOREVER BARRED.
13. GENERAL PROVISIONS
13.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior understandings on that subject.
13.2 Severability. If any provision of these Terms is held invalid or unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect, except as expressly provided in Section 12.4.
13.3 No Waiver. The Company’s failure to enforce any provision is not a waiver of its right to do so later.
13.4 Assignment. You may not assign these Terms. The Company may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
13.5 Survival. Sections 3 through 13 survive any termination of your use of the Service.
13.6 Termination of Access. The Company may suspend or terminate your access to the Service at any time, with or without cause or notice.
13.7 Force Majeure. The Company is not liable for any failure or delay caused by events beyond its reasonable control.
13.8 Contact. The Day Company LLC — Email: [email protected] — Mailing Address: 12829 E Alder Creek Rd, Coeur D Alene, Idaho 83814