Last updated: June 13, 2024
IMPORTANT: The section below titled “Dispute Resolution & Arbitration” requires you to arbitrate claims you may have against Origin Home and Energy ("Origin" or "we"), meaning you cannot bring claims against Origin in court, and confirms your agreement to a class action waiver in arbitration. It affects your legal rights. Please read it carefully.
Welcome to originhomeandenergy.com. These Terms of Service (the "Terms") are a binding legal agreement between you and Origin Home and Energy, regarding your use of our websites (including www.originhomeandenergy.com and www.myoriginhome.com), our mobile application (MyOrigin), and our services, including our services available through our online tools (the website and services are collectively referred to as the "Service"). Please read these Terms carefully.
In addition, when using certain features of the Service, such as any downloadable software applications and the Credit Tool that we make available, you also will be subject to any additional guidelines, terms, or agreements applicable to such features ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control.
We may periodically make changes to these Terms. By accessing or using the Service or downloading and installing the application, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree with any provision of these Terms, you must not use the Service.
The Service. Origin Home and Energy offers a straightforward and cost-effective option for homeowners seeking to transition to solar energy. Homeowners can request complimentary quotes for home solar solutions. Origin partners with leading PV panel installation companies to implement solar systems. Origin oversees system performance and provides comprehensive insurance along with a performance guarantee. The Service provides various features, including the ability to pay bills and monitor solar power system output.
Eligibility. To use the Service, you must be 18 years of age or older. Use of the Service is prohibited where prohibited by law. By accessing the Service, you confirm that any profile information you provide is accurate and truthful, and that you are at least 18 years old and capable of adhering to these Terms. The Service is not intended for individuals under the age of 18.
Account Registration. If you have entered into a Solar Power Purchase Agreement or Lease Agreement with Origin Home and Energy ("Origin Customer"), you must register for an online account to access certain features of the Service. You may need to provide billing or other information. By registering, you agree to (a) provide accurate and complete Registration Data; (b) safeguard any logins, passwords, or credentials provided to you for Service use; and (c) promptly update Registration Data and other information provided to us. Notify us immediately of any unauthorized account use or security breaches by emailing customercare@originhomeandenergy.com.
Payments by Origin Customers. You can utilize the Service to settle invoices from Origin, covering your monthly lease or electricity production charges, either estimated or actual. Origin reserves the right to impose or modify fees for specific Services at any time, with notice provided on the Service or otherwise. By opting to pay Origin invoices via the Service, you authorize Origin to charge or direct its third-party payment processors to charge the credit card, debit card, or bank account you've specified (which you affirm are authorized for use) for the chosen invoice amount in US dollars, including applicable taxes. If you opt for recurring payments, your credit card, debit card, or bank account will be automatically charged. To cease a recurring payment and avoid charges for the next period, you must cancel at least 7 days prior. Recurring payments can be canceled by emailing Origin at customercare@originhomeandenergy.com. Failure to receive payment may result in suspension of Service access, with all due amounts payable upon demand. Origin reserves the right to rectify any errors, even after payment has been initiated. You are responsible for any fees charged by your credit card issuer, bank, or financial institution, and must report billing discrepancies within 90 days to dispute them. All sales are final, and refunds will not be issued by Origin.
Promotions. As part of the Service, you may receive offers and specials from Origin or third parties via email or other means ("Promotions"). Promotions may expire and are subject to change without notice. Origin is not liable for Promotion legality or third-party ability to honor or conduct Promotions.
Use of Data. Depending on user settings and provided information, Origin may furnish Data to help monitor your home solar system, including system statistics, usage projections, or invoice data ("Data"). While indicative of system performance, Data does not strictly determine monthly invoice calculations. Some Data may not immediately post to the Service (e.g., system output). Data is for informational purposes only, and Origin does not verify its accuracy or accept liability for its use.
Credit Tool. Origin may offer a Credit Tool enabling you to obtain a credit report via a third party. By using the Credit Tool, you consent to Origin using your consumer report to evaluate Service feature eligibility.
Use Restrictions. You agree not to: (a) utilize the Service for commercial purposes unless expressly permitted by Origin through a separate agreement; (b) engage in "stalking" or harassment of any individual via the Service; (c) access, monitor, or copy Service content or information using automated means or manual processes without our written consent; (d) violate Service robot exclusion headers or bypass measures preventing or limiting access; (e) undertake actions imposing an unreasonable burden on our infrastructure; (f) integrate any part of the Service into another website without our prior written consent; or (g) knowingly or unknowingly breach any applicable law or regulation.
Interactive Services. The Service may feature interactive functions, such as social networking tools, forums, and message boards ("Interactive Services"). Users are solely responsible for their use of Interactive Services and should do so at their own risk. By using Interactive Services, you agree not to post, transmit, distribute, upload, or disseminate through the Service any prohibited content, including:
Material that, at our discretion, is deemed unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
Material that violates, or may cause us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
Material that infringes or may infringe upon any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party, or material that you do not have the right to make available;
Private or confidential information of any person or entity, including addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, trade secrets, or information subject to confidentiality obligations, or material that impersonates any person or entity, or misrepresents your affiliation with the Service or any other person or entity;
Material containing advertising, solicitation, links to commercial products or services, or political campaigning (unless expressly permitted in designated areas of the Service);
Comments referencing persons under 18 years of age;
Viruses, corrupted data, or other harmful files;
Material that, in our judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying the Interactive Services or other Service portions, or may expose us or our users to harm or liability.
ANY MATERIAL YOU UPLOAD TO PUBLIC OR COMMON AREAS OF THE SERVICE, INCLUDING PHOTOS OF YOURSELF OR YOUR HOME, MAY BE PUBLICLY AVAILABLE. IF YOU DON'T WANT MATERIAL TO BE ACCESSIBLE TO OTHERS, AVOID UPLOADING OR SUBMITTING IT TO PUBLIC AREAS. We assume no responsibility for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to such material. While we're not obligated to screen or monitor material, we reserve the right to remove, screen, or edit any material without notice.
By posting material on the Service, unless specified otherwise, you: (a) grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material worldwide in any media; (b) allow us and our affiliates to use the name you submit along with the material, if we choose; and (c) confirm that you own or control all rights to the material you post, or have the right to post it to the Service. You also represent that the material you supply won't violate these Terms, infringe upon any rights, cause harm, or create liability for us or third parties.
You accept that Origin Home and Energy may retain profile data, photos, and other content ("Content"), and, following its Privacy Policy, may disclose Content if compelled by law or if Origin Home and Energy reasonably believes it necessary to: (a) adhere to legal procedures; (b) enforce these Terms; (c) address claims of Content infringement; or (d) safeguard Origin Home and Energy, its users, or the public's rights, property, or safety.
Origin Home and Energy reserves the right to alter, suspend, or terminate, either temporarily or permanently, all or part of the Service at our discretion, without prior notice. Origin Home and Energy, its suppliers, or licensors will not be liable to you or any third party for such modifications, suspensions, or terminations of the Service.
Feedback. Any materials, such as comments, suggestions, or ideas, shared with us via email or other means ("Feedback"), are non-confidential. By providing Feedback, you grant Origin Home and Energy and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
Copyright Infringement. Origin Home and Energy respects the intellectual property rights of others and expects the same from you. We have a policy to revoke the access of those who violate the copyright rights of others. If you believe that your work has been posted on the Service in a manner that infringes copyright, please contact us at the address provided below and include the following information: (1) an electronic or physical signature of the authorized person acting on behalf of the copyright owner; (2) a description of the copyrighted work you claim has been infringed, with details of when the allegedly infringing material was displayed on the Service; (3) your address, phone number, and email; (4) a statement affirming that you believe in good faith that the disputed use is unauthorized by the copyright owner, its agent, or the law; and (5) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
If you believe that your user content, which was removed or disabled, is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice to the copyright agent. The counter-notice should include: (1) your physical or electronic signature; (2) identification of the removed or disabled content and its previous location; (3) a statement that you believe in good faith that the content was removed or disabled due to mistake or misidentification; (4) your name, address, telephone number, and email address; and (5) a statement consenting to the jurisdiction of the federal court in San Francisco, California. If a counter-notice is received, we may forward it to the original complainant and may replace or restore the removed content in 10 business days. Unless the copyright owner files a court action, the content may be restored at our discretion. Contact our designated agent at Origin Home and Energy, Attention: Intellectual Property Associate, or at customercare@originenergy.com
Trademarks. Origin Home and Energy, the Origin Home and Energy logo, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of Origin Home and Energy and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
Ownership. Origin Home and Energy, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
Third-Party Content. The Service provided by Origin Home and Energy may contain links to web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Privacy Policy. Origin Home and Energy collects registration and other information about you through the Service, when you choose to provide it to us, and automatically. Our collection and use of this information is described in the Privacy Policy available at http://www.originhomeandenergy.com/privacy-policy.
Indemnification. You will defend, indemnify, and hold harmless Origin Home and Energy, its subsidiaries, affiliates, partners, and third-party advertisers, as well as their respective directors, officers, agents, employees, licensors, and suppliers, from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
Disclaimer of Warranties. YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, ORIGIN HOME AND ENERGY AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ORIGIN HOME AND ENERGY DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF IMPLIED WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. WITHOUT LIMITING THIS SECTION, ORIGIN HOME AND ENERGY MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED IN THE SERVICE, INCLUDING ANY DATA. TECHNOLOGY CHANGES FREQUENTLY AND THEREFORE INFORMATION CONTAINED ON THE SERVICE MAY BE OUTDATED, INCOMPLETE, OR INCORRECT. ORIGIN HOME AND ENERGY DOES NOT ASSUME ANY RISK WHATSOEVER FOR YOUR USE OF THE SERVICE OR THE DATA CONTAINED ON THE SERVICE.
Limitation of Liability. To the fullest extent allowable by applicable law, neither Origin Home and Energy nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Origin Home and Energy or any supplier or licensor has been advised of the possibility of these damages), arising out of or relating to your access to or use of, or your inability to access or use, the service or any content. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. To the fullest extent allowable by applicable law, the maximum total liability of Origin Home and Energy and its suppliers and licensors to you for all claims under these terms, whether in contract, tort, or otherwise, is one hundred dollars ($100). Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
General Legal Notices. Origin Home and Energy's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. These Terms, including all Policies, constitute the entire agreement between you and Origin Home and Energy concerning the Service. These Terms supersede all prior agreements or communications between you and Origin Home and Energy regarding the subject matter of these Terms.
Dispute Resolution & Arbitration. Please carefully review this section as it may significantly impact your legal rights, including your right to initiate a lawsuit in court. These Terms are governed by the laws of the State of California, excluding conflict of laws principles. YOU AND ORIGIN HOME AND ENERGY AGREE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS THROUGH BINDING, BILATERAL ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. YOU ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AND ORIGIN HOME AND ENERGY AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO FOREGO THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER ORIGIN HOME AND ENERGY NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ORIGIN HOME AND ENERGY OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF ORIGIN HOME AND ENERGY AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS ONE HUNDRED DOLLARS ($100). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Consent to Electronic Communications. By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
General Legal Notices. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. These Terms, including all Policies, constitute the entire agreement between you and Origin Home and Energy concerning the Service. These Terms supersede all prior agreements or communications between you and Origin Home and Energy regarding the subject matter of these Terms.
Dispute Resolution & Arbitration. Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court. These Terms are governed by the laws of the State of California, excluding conflict of laws principles. YOU AND ORIGIN HOME AND ENERGY AGREE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS BY BINDING, BILATERAL ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AND ORIGIN HOME AND ENERGY AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
You and Origin Home and Energy agree that the arbitration will be conducted in San Francisco County, California, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
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