Terms of Use

1. Website Purpose

Surge is a clean energy infrastructure firm connecting power demand, project development, capital alignment, and operational execution. The website provides general information about Surge, our services, insights, experience, areas of focus, and ways to contact or work with us.

The website may include information related to solar power, storage and resilience, EV charging, energy efficiency, utility bill audits, community solar, utility-scale development, capital alignment, power procurement, partner relationships, energy policy, grid constraints, and other clean-energy infrastructure topics.

Website content is provided for general informational purposes only. Nothing on the website creates a binding offer, commitment, project approval, financing commitment, engineering recommendation, legal opinion, tax advice, investment advice, or professional services engagement.

2. Eligibility

The website is intended for users who are at least 18 years old. By using the website, you represent that you are at least 18 and have the legal capacity to agree to these Terms.

3. No Professional Advice

The content on the website is provided for general informational purposes. It should not be relied upon as legal, financial, tax, engineering, technical, investment, interconnection, utility, regulatory, or procurement advice.

Clean-energy projects are fact-specific and may depend on site conditions, utility rules, permitting requirements, incentive eligibility, financing terms, engineering analysis, tax treatment, legal documentation, and third-party approvals. You should consult appropriate professional advisors before making decisions based on website content.

4. No Guarantee of Results

Surge may discuss potential project pathways, development strategies, capital structures, incentive considerations, partner relationships, or operational approaches. However, we do not guarantee project approval, interconnection, permitting, financing, tax credit eligibility, energy savings, incentive qualification, cost reduction, construction completion, or any other particular result unless expressly stated in a separate written agreement signed by Surge.

5. Third-Party Partners and Providers

Surge may work with or refer opportunities to third-party contractors, EPCs, developers, capital providers, consultants, vendors, manufacturers, service providers, utilities, or other parties.

Unless expressly agreed in writing, Surge is not responsible for third-party services, products, representations, warranties, pricing, proposals, engineering, installation work, financing decisions, credit approvals, permitting decisions, interconnection outcomes, utility actions, or regulatory determinations.

Any engagement with a third party may be subject to separate terms, conditions, qualifications, contracts, and approvals.

6. Website Forms and Communications

The website may allow you to submit inquiries, project information, partner information, career interest, or other messages.

By submitting information through the website, you represent that the information is accurate to the best of your knowledge and that you have the right to provide it. You authorize Surge to review, use, and respond to the submission, and to share it internally or with appropriate partners or advisors as reasonably necessary to evaluate or respond to the opportunity.

Submitting a form does not create a client relationship, contractor relationship, partnership, financing relationship, employment relationship, or other binding engagement with Surge.

7. Intellectual Property

The website and its content, including text, graphics, logos, icons, images, layouts, designs, page structure, visual identity, and other materials, are owned by Surge or its licensors and are protected by intellectual property laws.

You may view and use the website for your own lawful, informational, and internal business purposes. You may not copy, reproduce, distribute, modify, publish, display, create derivative works from, scrape, or exploit website content for commercial purposes without prior written permission from Surge.

All Surge names, marks, logos, slogans, and related branding are trademarks or service marks of Surge or its affiliates. You may not use them without prior written permission.

8. Acceptable Use

You agree not to use the website:

• in violation of any applicable law or regulation;
• to submit false, misleading, confidential, infringing, unlawful, or harmful information;
• to impersonate any person or entity;
• to interfere with the website’s operation or security;
• to attempt unauthorized access to any system, account, server, or database;
• to introduce viruses, malware, or harmful code;
• to scrape, crawl, harvest, or copy website content using automated means without permission;
• to use the website in a way that burdens, damages, disables, or impairs it; or
• to engage in conduct that could harm Surge, website users, partners, vendors, or third parties.

9. Careers and Independent Contractor Opportunities

The website may include information about careers, contractor opportunities, partner roles, or ways to work with Surge. Such information is for general informational purposes and does not guarantee employment, engagement, compensation, commission eligibility, territory rights, project assignments, or any other opportunity.

Any employment, contractor, advisor, partner, or sales-related relationship with Surge must be governed by a separate written agreement.

10. Links to Third-Party Websites

The website may contain links to third-party websites, platforms, tools, publications, or resources. These links are provided for convenience only. Surge does not control and is not responsible for third-party content, policies, security, products, services, or practices.

Your use of third-party websites is at your own risk and subject to their terms and privacy policies.

11. Disclaimer of Warranties

The website and all content are provided on an “as is” and “as available” basis. Surge makes no warranties or representations of any kind, express or implied, regarding the website or its content.

To the fullest extent permitted by law, Surge disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and uninterrupted operation.

We do not warrant that the website will be error-free, secure, uninterrupted, current, complete, or free of viruses or harmful components.

12. Limitation of Liability

To the fullest extent permitted by law, Surge and its owners, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, partners, and advisors will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages arising from or related to your use of, or inability to use, the website or its content.

This includes damages for lost profits, lost revenue, lost business, lost savings, lost data, loss of goodwill, business interruption, or reliance on website information, even if Surge has been advised of the possibility of such damages.

To the fullest extent permitted by law, Surge’s total liability for any claim arising out of or relating to the website or these Terms will not exceed one hundred dollars ($100).

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Surge and its owners, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, partners, and advisors from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• your use of the website;
• your violation of these Terms;
• your violation of any law or third-party right;
• information you submit through the website; or
• your misuse of website content.

14. Changes to the Website

We may update, modify, suspend, or discontinue any part of the website at any time without notice. We are not obligated to keep any website content current or available.

15. Changes to These Terms

We may update these Terms from time to time. The updated version will be indicated by a revised “Last updated” date. Your continued use of the website after changes are posted means you accept the updated Terms.

16. Governing Law

These Terms and any dispute arising out of or relating to the website will be governed by the laws of the State of Iowa, without regard to conflict-of-law principles.

17. Dispute Resolution

Before filing a claim, you agree to first contact Surge at hello@usesurge.com and provide a reasonable description of the dispute and the relief sought. We will attempt to resolve the issue informally.

Any claim arising out of or relating to the website or these Terms must be brought within one year after the claim accrues, unless applicable law requires a longer period.

18. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy and any other policies expressly referenced on the website, constitute the entire agreement between you and Surge regarding your use of the public website.

Separate written agreements may govern other services, platforms, projects, contractor relationships, partnerships, or business engagements with Surge.

20. Contact

Questions about these Terms may be directed to: