Sweet Fruit of Solar, LLC

TERMS AND CONDITIONS OF USE

(THIS IS IMPORTANT — PLEASE READ)

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Sweet Fruit of Solar, Fruit of Solar, Apricot Solar, and/or any of their affiliates, to include digital or downloadable resources, or enter any online private forums operated by Sweet Fruit of Solar, Fruit of Solar, Apricot Solar, and/or any of their affiliates (for any purpose), whether on a website hosted by Sweet Fruit of Solar, Fruit of Solar, Apricot Solar, and/or any affiliate or a third-party website such as an online platform or social media platform such as facebook.com (collectively “the Services”).

If you do not agree with these TOU, you may not use the Services. By accessing this website, you accept these terms and conditions. Do not continue to use Sweet Fruit of Solar if you do not agree to all the terms and conditions stated on this page.

As used in these TOU, the term “Releasees” is defined to include the following: (i) Sweet Fruit of Solar, Fruit of Solar, Apricot Solar, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers or representatives.

You must be at least 18 years old to use this website or any services provided herein. By using this website, you represent and warrant that you are at least 18 years of age. If you are not 18 years old, you must cease using this website immediately .

1. The Program

As part of the Program, you will receive the services outlined on the web page where you register or listed in your portal. The Company may modify the services and elements included in the Program from time to time, in its sole discretion, in order to provide updated content and materials, respond to member feedback, or improve the Program.

The Company reserves the right to offer additional Program elements occasionally for any subgroup of participants. These additional Program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional Program elements is at the sole discretion of the Company.

2. Information Provided

You agree to provide accurate and up-to-date information to the best of your knowledge as requested by the Sweet Fruit of Solar, including but not limited to questionnaires, ownership records, estimator tools, phone conversations or in person meetings. If you provide information that is inaccurate or outdated, or if Sweet Fruit of Solar reasonably suspects that such information is inaccurate or outdated, Sweet Fruit of Solar may reject your Estimate Request and suspend or terminate your access to this website. Additionally, if you do not provide accurate information, Sweet Fruit of Solar and its affiliated partners reserve the right to refuse service or request additional fees.

You agree not to submit any material that violates any law or the rights of any third party, or that is unreliable, incomplete, inaccurate, obscene, libelous, defamatory, or otherwise objectionable. Although Sweet Fruit of Solar does not control the material provided by you or other members of the website, we reserve 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 violates the standards set forth in these Terms of Service, and you hereby waive all legal or equitable rights or remedies you may have against Sweet Fruit of Solar and hold Sweet Fruit of Solar harmless with respect thereto.

Sweet Fruit of Solar, LLC offers solar products and services, including installation and maintenance. We use AI to enhance customer experience, but it is not guaranteed to be 100% accurate.

3. Confidentiality

We may ask for your information when you register for services. Please view our privacy policy for information on how your information is used.

Company is not legally bound to keep your information confidential. Nevertheless, the Company agrees to keep all information about your solar request confidential within the Program (other than where you give your consent for us to share your information, as outlined in Intellectual Property Rights), except when disclosure is required by law, for example, if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others.

Confidential information does not include information that:

(a) was in the Company’s possession before you participated in the Program;

(b) is generally known to the public or in your circle of friends and family and co-workers, or

(c) the Company may be required by law to disclose.

You may use a screen name or pseudonym instead of your actual name for your participation in group workshops and public posts on the Company website and in third-party forums operated by the Company.

You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

You agree you will not share any recorded calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.

4. Intellectual Property Rights

a. Ownership of the Content

The words, videos, voice and sound recordings, materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Company for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.

You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website or in our Content at any time for any reason.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, the Company may make that during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.

You grant the Company permission to use Your Material in anonymized form, for example, a screenshot of a post with your name and/or image grayed out, or examples of issues you may have shared without any identifying details, and acknowledge the Company may do so without any prior request for your consent.

Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected]

Suppose the Company grants you permission. In that case, you agree to use the specific Content that the Company allows and only in the ways the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to stop using such Content immediately and to take whatever actions as the Company may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.

5. Your Conduct

The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup, without first receiving approval from the Company. You agree not to market, promote, or sell products or services to Program participants unless you are authorized or requested to do so by the Company.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

You are responsible for Your Material and any liability resulting from any material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment or participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, obscene, or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time. You are strictly forbidden from the following:

Harassing, fighting with, or being disrespectful to other participants

Causing damage to any Company website or third-party forums operated by the Company

Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity

Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software

Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes

Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

Sharing private and proprietary information from other participants with anyone else

Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

The Company does its best to create a safe and welcoming space for all participants; however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.

The Company, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.

6. Personal Responsibility, Assumption of Risk, Release, Disclaimers

a. You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.

b. The Program and Content provide information and education only and do not provide any financial or legal services or advice. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer,or financial advisor. You are responsible for your own financial and legal decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.

c. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.

e. Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.

f. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. We may share or post affiliate links, which means that we may receive a commission, at no cost to you, if you make a purchase using these links.

g. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

h. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT