Last modified: August 27, 2020
IMPORTANT- THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THE TERMS AND CONDITIONS (THE “AGREEMENT”) SET FORTH BELOW GOVERN YOUR USE OF THE FIND THE ORIGIN SERVICES (THE “SERVICE”) AVAILABLE AT https://exploreorigin.com (THE “PLATFORM”) AND/OR PURCHASE OF OUTINGS. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND FIND THE ORIGIN INC (“ORIGIN”, “WE” OR “US”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE SERVICE, THE PLATFORM AND THE OUTINGS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SERVICE, THE PLATFORM, OR ANY INFORMATION ON OR RELATED TO THIS SERVICE OR PLATFORM. BY CLICKING THE BOX TO USE THE SERVICE OR USING THIS SERVICE, THE PLATFORM AND/OR ANY OUTINGS AVAILABLE ON OR THROUGH THIS SERVICE, YOU AGREE TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
The Platform enables users to book outings and tours provided by third parties (individually a “Service Provider,” collectively “Service Providers”) on the Service. Service Providers may require You to agree to additional terms with them directly and Your Booking is contingent upon You agreeing to accept any terms, conditions, rules and restrictions imposed by the Service Provider.
BY USING THE PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
- License Grant. Origin provides digital content and products through this Service. Certain information, documents, products and services provided on and through this Service, including content, logos, and images (together, the “Materials”) are provided to You by Origin and are the copyrighted and/or trademarked work of Origin or Origin’s licensors or Service Providers. Materials do not include Submissions which include reviews (as further defined below in the Submissions Section).
Origin grants You a limited, personal, non-exclusive and non-transferable license to use this Service and the Platform and to use and display the Materials solely for Your personal use. Except for the license set forth in the preceding license grant above, there are no implied rights. You will not access the Platform through automated means of any nature, or upload any viruses or malicious code to the Platform. You will not take any actions when using the Platform that could disable, overburden or impair the functionality of the Platform. This limited license terminates automatically, without notice to You, if You breach any of this Agreement. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Materials. Except as stated herein, You acknowledge that You have no right, title or interest in or to this Service, the Platform, or Materials.
We may offer updates of the Platform and change the Platform or content available on the Platform, from time to time, for feature enhancement, security or other purposes. We reserve the right to cease providing the Platform and any of the Services at any time.
- License Restrictions. You shall not:
- copy any part of the Platform, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, or the Platform;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform; or
- use any part of the Platform in violation of any applicable laws, regulations or rules.
- Reservation of Rights. You acknowledge and agree that the Platform is provided under license, and not sold, to You. You do not acquire any ownership interest in the Platform under this Agreement, or any other rights thereto other than to use the Platform in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Origin and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to You in this Agreement.
- Services Origin Provides. The Platform only enables connections between users and Service Providers for the fulfillment of certain Outings. Origin is not responsible for the performance or communications between users and Service Providers, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Outings arranged between users and Service Providers, nor the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any users or Service Providers, or of any ratings provided by users or Service Providers with respect to each other. Origin makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the services requested or services provided by, or the communications of or between, users and Service Providers identified through the Platform, whether in public, private, or offline interactions or otherwise. The Service Providers, not Origin, are solely responsible for honoring any Outings reserved through our Service.
- Access and Use of Origin Services. To access the Platform or some of the Materials, You may be asked to provide certain registration details or other information and sign up for a user account using the available interfaces on the Platform. It is a condition of Your use of the Platform that all the information You provide on the Services or through the Platform is correct, current, and complete. If You choose, or are provided with, a username, password, or any other information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Services, the Platform, or portions of it using Your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of this Agreement.
- No Responsibility, Endorsement or Guarantee for Service Providers. Origin does not deliver, and is not responsible for the advice or services of any Service Provider. Service Providers are not employees or agents of Origin and Origin is not an agent of any Service Provider. Origin does not sponsor, endorse, recommend or approve any Service Provider who offers Outings through the Platform. While we try to confirm that Service Providers meet certain requirements, we cannot and do not represent or warrant that any Service Provider is licensed, qualified, insured or capable of performing any service. Origin is not responsible for any action or inaction of any Service Provider. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by Origin. Origin makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the information regarding the Outings requested or services provided by, or the communications of or between Users identified through the Platform, where in public, private, or offline interactions or otherwise.
- Interactive Features; Prohibited Uses. The Platform may contain reviews, ratings, chat areas, forums, communities and/or other message or communication areas (“Interactive Features”) that allow You to post, submit, publish, display, or transmit reviews, photos, content or materials (“Submission(s)”). You may only use such Interactive Features to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Platform, You should not share Your personal contact information with other users outside the Platform. Without limitation, You may only use the Platform for lawful purposes and in accordance with this Agreement. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm users in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate Origin, a Origin employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Origin or other users of the Platform or expose them to liability.
- To advertise or offer to sell and goods or services for any commercial purpose through the Platform which are not relevant to the Services offered through the Platform.
- Post or request an Outing that requires a You to (i) purchase or obtain gift cards or money orders, (ii) provide ridesharing or other peer-to-peer transportation services, or (iii) otherwise engage in activity that is illegal or deemed dangerous, harmful, or otherwise inappropriate by Origin in its sole discretion.
- To solicit for any other business, website or service, or otherwise contact users for employment, contracting or any purpose not related to the use of the Platform as set forth herein.
Additionally, You agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform or Materials is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
- Submissions. Any Submission You post to the Platform will be considered non-confidential and non-proprietary, including but not limited to, information provided on reviews, comments and messages made on the Platform, or information contained in descriptions for Outings. By providing any Submission on the Platform, You grant Origin and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, copy, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that You own or control all rights in and to such Submissions and have the right to grant the license granted above to us and our affiliates and services providers, and each of their and our respective licensees, successors, and assigns. You understand and acknowledge that You are responsible for any Submissions You submit or contribute, and You, not Origin, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Submissions posted by You or any other user of the Platform.
- Service Providers. You acknowledge and agree that each Service Provider sets its own cancellation policy as set forth in the listing for an Outing and any additional terms made a condition of an Outing, these terms are a legally binding service contract (the “Outing Agreement”) between the Service Provider and You only. Any terms of an Outing Agreement are between Service Provider and You and do not expand Origin’s obligations or restrict Origin’s rights under this Agreement. You agree that Origin is not a party to any Outing Agreement and the formation of an Outing Agreement will not, under any circumstance, create an employment or other service relationship between Origin and You or between Origin and the Service Provider, nor will it create an employment relationship between You and the Service Provider. Origin’s role is restricted solely to acting as a limited payment collection agent for the Service Provider to facilitate payment on behalf of the Service Provider through the Platform in respect of any service they perform such as an Outing. In acting as the limited payment collection agent for particular service on the Platform, Origin disclaims any other agency or authority to act on behalf of a Service Provider, and assumes no liability or responsibility for any acts or omissions of the Service Provider, either within or outside of the Platform. IF YOU WANT TO REQUEST A REFUND OR A CANCELLATION FOR AN OUTING, YOU MUST CHECK THE TERMS OF YOUR OUTING AGREEMENT AND REQUEST THE REFUND OR CANCELLATION FROM THE SERVICE PROVIDER. ORIGIN IS NOT RESPONSIBLE FOR, AND IS NOT OBLIGATED, TO PROVIDE ANY REFUNDS.
SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS, OR FRANCHISEES OF ORIGIN. ORIGIN DOES NOT PERFORM OUTINGS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM OUTINGS. CLIENT HEREBY ACKNOWLEDGES THAT ORIGIN DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A SERVICE PROVIDER’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE SERVICE PROVIDERS AND THE OUTINGS IN ANY MATTER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE.
- Billing and Payment.
- Payment Details. Service Providers are responsible for setting prices and availability for Outings through the Platform which will be used by You to select and confirm the Outing (a “Confirmation”). You are responsible for paying the fees described in any Confirmation for each Outing which will be collected and processed by a third party payment processor. You agree to the terms provided by our payment processor and authorize Origin to send instructions to the financial institution that issued Your card to take payments from Your card account in accordance with the terms of Your agreement us. Fees include (i) the pricing terms for the Outing agreed and provided by a Service Provider and (ii) our service fees and any cancellation fees, if applicable (collectively, “Outing Payment”). Outing Payments and fees must be paid through the Platform as indicated on the Platform. At the time that You book an Outing, You authorize Origin or a third party payment processor on its behalf, to (a) obtain a pre-authorization via Your payment method for the total fees or (b) charge Your payment method a nominal amount, not to exceed one US dollar ($1) and to later charge You the full amounts for the Outing Payment. Notwithstanding the foregoing, a Service Provider may require different payment terms than those set forth above and/or require that You pay an initial deposit that will be applied towards the Outing Payment. The payment details You provide for processing the initial deposit (or for making other payments to us or the Service Provider) will be retained by our third party payment processor and will be used to automatically charge Your payment method for the remaining balance of the Outing Payment at such time as determined by the Service Provider in its sole discretion.
- Confirmation; Procedure. When You or Service Provider receives confirmation through the Platform or via email that an Outing has been accepted or booked, You automatically authorize the third party payment provider to process the fees as described in any Confirmation. You may be charged a cancellation fee if an Outing is booked (or accepted) but cancelled before the scheduled time for performance. Origin reserves the right (but not the obligation), in its sole discretion, upon request from a You, or upon notice of any fraud, unauthorized charges or other misuse of the Platform, to (i) place a hold on any Outing Payment, or (ii) refund or provide credits, or arrange for the third party payment provider to do so.
- Other Costs; Insurance. All payments and fees, including Outing Payments are exclusive of any transportation, materials, entry, insurance or other fees and all such costs shall be additional at the expense of You or Service Provider, as the case may be. At the expense and discretion of You or Service Provider, the parties may individually or together procure and maintain insurance coverage for Outings. This section shall not be construed in any manner as restricting or limiting the liability of either party for any obligations imposed under this Agreement (including but not limited to, any provisions requiring a party to indemnify, defend, and hold harmless Origin under this Agreement).
- Cancellations. The Service Provider’s cancellation policy will apply to any cancellation. Your ability to receive a refund for the fees and other amounts charged to You will depend upon the terms of the Service Provider’s cancellation policy and, in some cases, no refund may be issued. Except as provided herein, the fees are non-refundable. Details regarding refunds and cancellation policies of the Service Provider are available in the listing for the Outing, the Outing Agreement or from the Service Provider. If a Service Provider cancels a confirmed Outing made via the Service, it is at the Service Provider’s discretion and the Service Provider’s responsibility to issue a refund of the fees for such Outing within a commercially reasonable time of the cancellation.
- Electronic Communications.
By agreeing to this Agreement, You agree that all communications from us relating to Your use of or access to the Platform may be provided or made available to You electronically by email, “in-Platform” messaging or by posting a communication on the Platform. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of Your interactions and transactions with us and our agents concerning Your Platform usage and access.
- Your Representations and Warranties. You represent and warrant that:
- You are 18 of years of age or older or are at least of the legally required age in the jurisdiction in which You reside, and are otherwise capable of entering into a binding agreement,
- You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that You will so abide; Where You enter into this Agreement on behalf of a company or other organization, You represent and warrant that You have the authority to act on behalf of that entity and to bind that entity to this Agreement;
- You will respect the privacy, property and data protection rights of users and that You will not record any Outing or any interaction by or with any You and/or Origin in connection with the Platform without the prior written consent of Origin and/or the relevant user, as applicable;
- when using or accessing the Platform, You will act in accordance with any applicable local, state, national, or international law or custom and in good faith; and
- You do not have any motivation, status, or interest which Origin may reasonably wish to know about in connection with the Platform, including without limitation, for any investigative, journalistic, or unlawful purpose.
- Indemnity. You agree to indemnify and hold Origin and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Origin or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party or governmental entity or agency: (i) that Your use of this Service or the use of this Service by any person using Your user name and/or password (including without limitation, Your participation in the posting areas or, Your Submissions or purchases) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party; (ii) arising out of Your fraud, willful misconduct or gross negligence; (iii) arising out of Your breach of this Agreement; or (iv) arising out of Outings that You purchase or participate in, and any disputes with a Service Provider.
- Geographic Restrictions. The Platform and the Services are based in the state of Colorado in the United States and provided for access and use only by persons located in the United States. You acknowledge that You may not be able to access all or portions of the Platform and the Services outside of the United States, and that access to Materials may not be legal by certain persons or in certain countries. If You access the Materials from outside the United States, You are responsible for compliance with local laws.
- Notification. Origin respects the intellectual property rights of others, and we require You to do the same when interfacing with the Platform and Services.
Origin may, in appropriate circumstances and at our discretion, terminate service and/or access to this Platform for users who infringe or repeatedly infringe the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please provide Origin’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit Origin to locate the material.
- Information sufficient to permit Origin to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Origin’s agent for notice of claims of copyright or trademark infringement on this Platform can be reached as follows:
Find The Origin Inc.
Attn: DMCA Agent
PO Box 5368
San Jose, CA 95150
Email: [email protected]
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If You are a user who posted allegedly infringing material and who received notification to that effect from Origin, You may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult Your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, for any judicial district in which Origin may be found, and that You will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.
- Such written notice should be sent to our designated agent as follows:
Find The Origin Inc.
Attn: DMCA Agent
PO Box 5368
San Jose, CA 95150
Email: [email protected]
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Third-Party Materials. The Platform may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising and descriptions of Outings by Service Providers (“Third-Party Materials”). Third-Party Materials do not include Submissions. You acknowledge and agree that Origin is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Origin does not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties’ terms and conditions.
- Term and Termination.
- The term of Agreement commences when You first use the Platform and will continue in effect until terminated by You or Origin as set forth in this Section 13.
- You may terminate this Agreement by ceasing use of the Platform and the Services.
- Origin may terminate this Agreement at any time, for any reason or for no reason, with or without notice. In addition, this Agreement will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this Agreement.
- Upon Termination:
- all rights granted to You under this Agreement will also terminate; and
- You must cease all use of the Platform.
- Termination will not limit any of Origin’s rights or remedies at law or in equity.
- User Disputes. We understand that occasionally disputes may arise between or among our users. In the event a dispute initiated by either You or a Service Provider cannot be resolved independently, You hereby agree at Origin’s request, to participate with good faith, to the extent You are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Origin or a neutral third-party mediator or arbitrator selected by Origin. Notwithstanding the foregoing, You agree that Origin is under no obligation to become involved or impose resolution in any dispute between or among users or any third party.
- Assumption of Risk; Disclaimer; Releases;
- Voluntary Assumption of the Risk. YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES CONTEMPLATED IN OUTINGS MAY BE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES SUSTAINED MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS BY THIRD PARTIES. YOU ACKNOWLEDGE THAT BY VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED YOU HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE.
YOU AGREE THAT ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER KNOWN OR UNKNOWN, ARE YOUR SOLE RESPONSIBILITY AND YOU ASSUME ALL RELATED RISKS.
- Disclaimer. THE PLATFORM, MATERIALS, THIRD-PARTY MATERIALS, SUBMISSIONS AND SERVICES ARE PROVIDED TO USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ORIGIN, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ORIGIN PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
ORIGIN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE OUTINGS OR THE DESCRIPTIONS OF OUTINGS ON THE PLATFORM.
REVIEWS DISPLAYED ON THE PLATFORM ARE INTENDED AS ONLY GENERAL GUIDELINES, AND ORIGIN DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Releases. You (acting for Yourself, and for all of Your heirs, agents, affiliates, representatives, and successors) hereby fully and forever waive, release, hold harmless, promise not to sue, and discharge all Released Persons from any and all Claims that You have or may have against any Released Person arising out of in any way related to Your use of the Platform and Services. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases.
- “Claims” means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (i) any of the products purchased through this Platform, including any of the related information and/or (ii) Your use of any of the foregoing.
- “Released Persons” means, collectively, Origin and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns.
- Outings. The quality of services requested through the Platform and use of the Services is entirely the responsibility of the Service Provider that provides the Outing to You. Origin under no circumstances accepts liability in connection with and/or arising from the Outings or the services provided by the Service Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Service Provider, and You hereby release Origin from all liability and claims arising from the foregoing. Any complaints about the services or the Outings provided by the Service Provider should therefore be submitted to the Service Provider.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ORIGIN OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE MATERIALS AND SERVICES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU ON THE PLATFORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ORIGIN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Arbitration And Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Origin agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to this Agreement, You agree to resolve any and all disputes with Origin as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Origin’s support department at [email protected]. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Origin support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Origin will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Origin will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for Your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If You are a resident of the United States, arbitration may take place in the county where You reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Colorado, United States of America, and You and Origin agree to submit to the personal jurisdiction of any federal or state court in Boulder County, Colorado in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
CLASS ACTION WAIVER: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Origin AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-DAY RIGHT TO OPT OUT: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address You use on Origin) written notice of Your decision to opt out to Origin —Attn: Legal; [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of Your first use of the Services; otherwise, You shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt out of these arbitration provisions, Origin will not be bound by them.
Changes to This Section: Origin will provide thirty (30) days’ notice of any changes to this section by posting on the Platform, sending You a message, or otherwise notifying You when You are logged into Your account. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to You.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after You began using the Services.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of Your account or cessation of use of the Platform, Service or the Products.
- Miscellaneous. Origin may change this Agreement from time to time by providing thirty (30) days prior notice either by emailing the email address associated with your account or by posting a notice at www.exploreorigin.com. You can review the most current version of this this Agreement at any time at www.exploreorigin.com. The revised Agreement will become effective thirty (30) days after Origin posts or sends you notice of such changes, and if you use the Services after that date, your use will constitute acceptance of the revised Agreement. If any change to this Agreement is not acceptable to you, your only remedy is to stop using the Services and send a cancellation email to [email protected]. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any delays in or failure of performance of Origin shall not constitute a default hereunder or give rise to any claims for damages if, to the extent that, and for such period that, such delays or failures of performance are caused by any events beyond the reasonable control of Origin including, without limitation, any of the following specific occurrences: acts of God or the public enemy, acts of terrorism, pandemics, epidemics, labor strikes, expropriation or confiscation of facilities, compliance with any unanticipated duly promulgated governmental order, acts of war, rebellion or sabotage or damage resulting therefrom, fires, floods, explosion, or riots. You may not assign, transfer or sublicense without the prior written consent of Origin, but Origin may assign or transfer this Agreement, in whole or in part, without restriction. Any attempted assignment or transfer of this Agreement by the parties in contravention of the foregoing shall be null and void. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all amendments must be in writing signed by both parties, except as otherwise provided herein. Origin’s failure to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right. The failure of Origin to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing.
- California Residents.
If You are a California resident, You may have this Agreement mailed to You electronically by sending a letter to [email protected] with Your email address and a request for the Agreement. In addition, under California Civil Code Section 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 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.