ARCADIA POWER TERMS OF SERVICE

  1. Agreement; Introduction to Website & Services

    These terms of service (“Terms”) form a binding, enforceable contract between you and Arcadia Power and govern your use of www.arcadiapower.com and the Services offered and provided through the Website and other of our websites, mobile and tablet applications, phone, mail, and social media sites.

    By browsing, registering for, accessing, or using any of the Services, you acknowledge that you have read, understood, and agree to be bound and abide by these Terms, including any additional guidelines referenced in these Terms such as our Privacy Policy. If at any time you do not agree to these Terms, you do not have permission to use the Website and you must immediately terminate your use of the Services.

    Arcadia Power reserves the right to change the Terms or modify any features of the Services at any time at its sole discretion. Arcadia Power will notify you of any significant changes to our prices, terms, and conditions, however, you are expected to check this page frequently so you are aware of any changes. Any changes to the Terms will be effective immediately. The most current version of the Terms (along with its effective date) will be linked from the homepage on the Website. Your continued use of the Services following any updates to the Terms will be deemed acceptance of the updated Terms.

  2. Definitions

    1. “Account” or “Arcadia Power Account” means an account that a User creates on the Website or through other means in order to register for use of certain Services.

    2. “Arcadia Power,” “we,” “us” or “our” means Arcadia Power, Inc. and its subsidiaries or assigns.

    3. “Arcadia Power Bill” means the bill you receive from Arcadia Power that includes Fees for Wind Energy Renewable Energy Certificates and any additional Fees for the Services.

    4. “Autopay Program” is when payment is deducted through your Payment Method automatically.

    5. “Business Day” is every Monday through Friday, excluding statutory holidays in the USA.

    6. “Consolidated Bill Pay” means the Service of receiving one energy bill that combines amounts due pursuant to your Utility Account(s) with your Arcadia Power Bill.

    7. “Evergreen Bill Pay” means the method for paying your Arcadia Power bill if you are not enrolled in Consolidated Bill Pay.

    8. “Fee” means the amount due to Arcadia Power for use of the Services.

    9. “Force Majeure” means circumstances beyond Arcadia Power’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.

    10. “Linked Sites” means a third party website available through our Website.

    11. “Payment Account” is the permitted account you designate from which your Arcadia Power Bill payment will be deducted through your Payment Method, including your checking account or credit card account.

    12. “Payment Method” means a permitted payment method used to fund a transaction through the Services, including but not limited to ACH, credit or debit cards.

    13. “Personal Information” means any personally identifiable information concerning a User, including but not limited to the following: name, email address, billing/shipping address, phone number, and credit or debt card number.

    14. “Services” means all our products and services and any other features, technologies and/or functionalities offered by us on the Website or through any other means.

    15. “Processing Date” is the date on which your Payment Method is debited or charged, and the payment begins processing.

    16. “User,” “you” or “your” means you and any other person or entity using the Service.

    17. “Utility” means a third-party electric provider or distribution company from which the User receives electricity.

    18. “Utility Account” means a User’s account with his or her Utility.

    19. “Utility Account Credentials” means User’s Utility Account username, password, and/or account number, and/or any other necessary credentials to access User’s Utility Account.

    20. “Utility Account Information” means a User’s personal customer information, Utility usage information, Utility bill amounts due, and any other information that may be necessary to provide the Services.

    21. “Utility Account Notice” means communications sent to the User from their Utility that include notices regarding disconnection, past due bills, tariff or rate changes, commercial offers, or other information the Utility wishes to communicate to the User.

    22. “Utility Statement” means the bill or statement for the User’s use of electricity and any other related utility good or service.

    23. “Website” means www.arcadiapower.com (https://www.arcadiapower.com), including all subpages and successor pages.

    24. “Wind Energy Renewable Energy Certificates” means the Renewable Energy Certificates bought by Arcadia Power on your behalf.

  3. Arcadia Power Services

    3.1 Wind Energy Renewable Energy Certificates

    Arcadia Power purchases wind energy renewable energy certificates on your behalf from certified wind energy producers to offset your energy consumption. Arcadia Power Wind Energy is Green-e Energy certified and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions.

    Your purchase of Renewable Energy Certificates (RECs) supports renewable electricity production in the region of generation. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your electricity service you are using and receiving the benefits of that renewable electricity. Your REC purchase also helps build a market for renewable electricity. Increased demand for, and generation of, renewable electricity helps reduce conventional electricity generation in the region where the renewable electricity generator is located. It also has other local and global environmental benefits, which may include emitting little or no regional air pollution or carbon dioxide. The RECs in Arcadia Power Wind Energy are verified and certified by Green-e Energy, and Arcadia Power is required to disclose the quantity, type and geographic source of each certificate. Please see the Product Content Label for this information. Green-e Energy also verifies that the renewable energy certificates are not sold more than once or claimed by more than one party. For information on Green-e Energy please visit its website, www.green-e.org.

    The RECs in Arcadia Power Wind Energy are verified and certified by Green-e Energy and Arcadia Power is required to disclose the quantity, type and geographic source of each certificate. Please see the product content label below for this information. Green-e Energy also verifies that the RECs are not sold more than once or claimed by more than one party. For information on Green-e Energy please visit its website, www.green-e.org.

    2017 Product Content Label1

    Arcadia Power Wind Energy is a Renewable Energy Certificate (REC) product and does not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For more information, see https://www.arcadiapower.com/terms.

    Arcadia Power Wind Energy matches 50% or 100% of your electricity usage dependent on the plan. In 2017, Arcadia Power Wind Energy is made up of the following renewable resources.

    Green-e Energy Certified New2 Renewables in Arcadia Power Wind Energy Generation Location
    -Wind 100% National
    TOTAL 100% National

    1. These figures reflect the renewables that we have contracted to provide. Actual figures may vary according to resource availability. We will annually report to you before August 1 of next year in the form of a Historical Product Content Label the actual resource mix of the RECs you purchased.

    2. New Renewables come from generation facilities that first began commercial operation within the past 15 years. This product includes generation from a facility that is approved under a strict set of criteria as repowered and that is approved for extended use by Green-e Energy.

    3. Eligible hydroelectric facilities are defined in the Green-e Energy National Standard (http://www.green-e.org/standard) and include facilities certified by the Low Impact Hydropower Institute (LIHI) (www.lowimpacthydro.org) or EcoLogo (www.ecologo.org); and facilities comprised of a turbine in a pipeline or a turbine in an irrigation canal.

    For comparison, the current average mix of resources supplying the US includes: Coal (33%), Nuclear (20%), Oil (1%), Natural Gas (33%), Hydroelectric (6%), Other Renewables (7%), and Other Gases (<1%). (From EIA Net Generation By Energy Source, January 26, 2017).

    For specific information about this REC product, please contact Arcadia Power at 866-526-0083, or at www.arcadiapower.com.

    Green e certificate Arcadia Power Wind Energy is Green-e Energy certified, and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org.




    Price, Terms, and Conditions

    Green e certificate

    Arcadia Power Wind Energy is Green-e Energy certified and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. Green-e Energy requires companies to provide their customers with this notice of Price, Terms and Conditions of service. Arcadia Power Wind Energy is a Renewable Energy Certificate (REC) product and does not include electricity, which is provided by your local utility and may or may not be included in your bill from Arcadia Power. Renewable electricity generation is tracked through RECs, and so by matching RECs with your electricity service, you are using renewable energy. You may cancel your agreement to purchase Arcadia Power Wind Energy from Arcadia Power by calling or emailing customer service at the contact below. Arcadia Power Wind Energy is a renewable energy certificate (REC) product and does not contain electricity. A REC represents the environmental benefits of 1 megawatt-hour of renewable energy that can be paired with electricity. For more information, see arcadiapower.com/terms. For more information about Green-e Energy, write Green-e Energy, 1012 Torney Ave, 2nd Floor. San Francisco, CA 94129 or log onto www.green-e.org.

    Company:

    Arcadia Power

    Whom should I contact for more information?

    Call: 1-866-526-0083,
    E-mail: customercare@arcadiapower.com,
    Website: arcadiapower.com
    Address: 1146 19th St NW Washington DC, 20036 Washington, DC 20037

    How will I be billed?

    You will receive monthly statements via email, and you can login to your account at myenergy.arcadiapower.com to view current and past statements.

    How will my bill be calculated?

    Arcadia Power charges a flat rate per kWh depending on your state, which can be found at http://faq.arcadiapower.com. For customers enrolled at 100%, your bill will be calculated based on your actual monthly kWh usage as reported in your local utility bill multiplied by your clean energy rate. For customers who choose equal billing, your bill will remain the same each month based upon an agreed upon kWh amount selected at enrollment. For all customers, the price of RECs is in addition to your local utility charges for electricity. There is a $5 minimum monthly charge for customers enrolled at 100%. For customers enrolled at 50%, there is no charge for Arcadia Power Wind Energy Renewable Energy Certificates.

    Will my rates change over time?

    Your rate is fixed. Arcadia Power will notify you if your rate changes or if there are other significant changes to our prices, terms, and conditions.

    What sources will be used in my certified product?

    100% Wind, see our Product Content Label for further details

    What other fees might I be charged?

    Payments via credit card are assessed a 3% processing fee; payment via checking account has no fee

    If I want to stop using Arcadia Power, what is the early termination fee?

    There is no termination fee if you decide to stop purchasing Arcadia Power Wind Energy Renewable Energy Certificates.

    2015 Historical Product Content Label1

    Arcadia Power Wind Energy is a renewable energy certificate product (REC) and does not contain electricity, which is provided by your local utility and may or may not be included in your bill from Arcadia Power. A REC represents the environmental benefits of 1 megawatt-hour of renewable energy that can be paired with electricity. Renewable electricity generation and use are tracked through RECs, and so by matching RECs with your electricity service you are using renewable energy.

    For more information, see arcadiapower.com/terms.

    Arcadia Power Wind Energy matches 100% of your electricity usage (or the percentage of your usage selected at enrollment not less than 25% or 100 kWh), and in 2015 it was made up of the following resources.

    Green-e Energy Certified New2 Renewables in Arcadia Power Wind Energy Generation Location
    -Wind 100% IA, KS, ND, OK, OR, SD, TX, WA
    TOTAL 100% IA, KS, ND, OK, OR, SD, TX, WA

    1. These figures reflect the resource mix of the RECs delivered to Arcadia Power's Wind Energy customers in 2015.

    2. New Renewables come from generation facilities that first began commercial operation within the past 15 years or less.

    For comparison, the current average mix of energy sources supplying the US includes: Coal (44.77%), Natural Gas (23.97%), Nuclear (19.56%), Large Hydroelectric (6.17%), Wind (2.29%), Biomass (1.36%); Oil (1.02%), Other Fossil (0.35%), Other Renewables (0.4%), and Unknown (0.12%). (from EPAs EGrid2014)

    The average home in the United States used 909 kWh per month. [Source: U.S. EIA, 2013]

    For specific information about this REC product, please contact Arcadia Power at 866-526-0083, or at www.arcadiapower.com.

    Green e certificate Arcadia Power Wind Energy is Green-e Energy certified, and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org.






    Arcadia Power reserves the right to cancel, change, or modify any REC contract or program at its discretion.

    3.2 Your Relationship with Your Utility

    Arcadia Power does not supply electricity. By using the Services, you acknowledge and agree that Arcadia Power is acting only as an intermediary and is not a party to any transaction between you and your Utility. Accordingly, Arcadia Power assumes no responsibility and will have no liability of any kind whatsoever in respect to your dealings with your Utility including with regards to electric supply delivery, payments, notices, and the proper and timely delivery of goods or services by your Utility. Arcadia Power in no way endorses, recommends, and/or bears any responsibility or liability for any products, services, statements, made by your Utility. Statements and opinions of your Utility are not representative of Arcadia Power or its business partners.

    Arcadia Power is not liable for the accuracy of your Utility Statement. Any discrepancies or disputes regarding the accuracy of your Utility Statement must be addressed with your Utility directly. You understand and agree that any Utility Statement provided to you through the Services may be delayed or prevented by a variety of factors. We use commercially reasonable efforts to provide Statements in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any Statement. You also agree that Arcadia Power will not be liable for any delays, failure to deliver, or misdirected delivery of any Statement; for any errors in the content of a Statement; or for any actions taken or not taken by your or any third party in reliance on a Statement.

    Arcadia Power assumes no responsibility, and will not be liable, for your failure to take any action or inaction with respect to your Utility Account(s) or your failure to receive any information with respect to any Utility Account(s). You agree to hold Arcadia Power harmless should your Utility fail to deliver your Utility Statement(s). You are responsible for ensuring timely payment of all Utility Statements.

    These Terms do not alter any liability or obligations that currently exist between you and your Utility. You agree that your relationship with your Utility is governed solely by the agreement(s) with your Utility.

    3.3 Your Liability

    You are responsible for all fees, costs, expenses, fines, penalties, and other liabilities incurred by Arcadia Power, yourself, or a third-party caused by or arising out of your breach of these Terms and/or your use of the Services. You agree to reimburse Arcadia Power or a third-party of any and all such liability.

    3.4 System Availability

    Arcadia Power will use commercially reasonable efforts to make the Services available at all times except for: (a) planned downtime, or (b) any unavailability due to Force Majeure. Planned downtown and routine maintenance and updates may result in temporary unavailability of the Services. We will have no liability to you or any third party in respect of your inability to access the Services at any time.

  4. Payment

    4.1 Consolidated Bill Pay

    By using the Services, you agree to enroll in our Consolidated Bill Pay program. Arcadia Power will access your Utility Account on a regular basis and combine your Utility Statement charges with your Arcadia Power Bill for Wind Energy charges, if any, and send you one Consolidated Bill. You understand and agree that you will directly pay Arcadia Power each month for your total Consolidated Bill and that we will facilitate payment of your Utility as your agent and on your behalf. Arcadia Power will send you a notification three (3) days before the payment will be deducted from or charged to your Payment Account.

    4.2 Evergreen Bill Pay

    Arcadia Power may not offer Consolidated Bill Pay for customers using certain Utilities. If Arcadia Power does not offer Consolidated Bill Pay, you agree that we will enroll you in our Evergreen Bill Pay program. With Evergreen Bill Pay, Arcadia Power will access your Utility Account, calculate your average kilowatt usage, and assess your Wind Energy Renewable Energy Certificate charge, if any, based on your average kilowatt usage. By enrolling in the Evergreen Bill Pay, you are authorizing and ordering us to initiate automatic deductions or charges based on the Autopay Program instructions you have specified. The payment will be deducted on the date specified by you during Evergreen Bill Pay enrollment. Arcadia Power will send you a notification three (3) days before the payment will be deducted from your Payment Account.

    4.3 Monthly Recurring Payments

    By choosing Consolidated Bill Pay or Evergreen Bill Pay to pay your Arcadia Power Bill you authorize and order Arcadia Power to have your Payment Method debited or charged for the amount noted on your monthly Consolidated or Evergreen Bill. You understand that this authorization and order will remain in effect until you cancel it in writing, and you agree to notify Arcadia Power of any changes in your account information or termination of this authorization and order at least fifteen (15) days prior to the next billing date. If the above noted payment date does not fall on Business Day, you understand that the payment may be executed on the next Business Day. You understand that because this is an electronic transaction, these funds may be withdrawn from your account each period as soon as the above noted transaction date.

    You agree to receive the notice required by 12 C.F.R. § 1005.10(d)(2) only if the difference between your current Consolidated or Evergreen Bill (“Bill”) and your previous Bill falls outside of a specific range as defined herein. For business customers, your Bill must be $5,000 greater than the previous month’s Bill. For residential customers, your Bill must be (1) $1,000 greater than the previous month’s Bill and (2) 150% variant greater than the average of your previous six-months Bills. However, if you are a residential customer who has solar power and has an annual “true-up” with your Utility company, your Bill must be $5,000 greater than the previous month’s Bill.

    In the case of a transaction being rejected for non-sufficient funds or declined credit you understand that Arcadia Power may at its discretion attempt to process the charge additional times within thirty (30) days. Arcadia Power is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) charged to you by your financial institution from your failure to maintain a balance in the Payment Account or have available credit in the Payment Method that is sufficient to process our payment. Arcadia Power reserves the right to charge you for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) assessed to Arcadia Power that result from your failure to maintain a balance or credit in the Payment Account that is sufficient to process your payment.

    You acknowledge that the origination of payment transactions to the Payment Account must comply with the provisions of U.S. law. You will not dispute Arcadia Power’s recurring billing with your financial institution, bank or credit card company so long as the transaction corresponds to the terms indicated in these Terms.

    Transaction fees may apply for credit card and ACH bank debit payments.

    4.4 Electronic Consent Regarding Recurring Payment Authorization

    Scope of Consent. You acknowledge and agree that by accepting these recurring payment terms and conditions in Sections 4.1, 4.2 and 4.3 of these Terms (“Recurring Payment Terms”), you consent to receive a copy of your payment authorization for recurring monthly payments in electronic form only instead of receiving a paper copy. This consent applies only to recurring payment authorizations as to which we are required to provide you with a written copy under applicable law.

    No Withdrawal of Consent. We cannot process your online recurring payment authorization unless you are willing to receive, in electronic form only, a copy of the Recurring Payment Terms that we are required to provide to you in writing under applicable law. Once you have accepted the Recurring Payment Terms, you cannot withdraw your consent to receive your copy of the Recurring Payment Terms in electronic form. However, you will still be able to cancel your recurring payment authorization in accordance with Section 4.6 of the Recurring Payment Terms.

    Paper Copy. If you wish to obtain a paper copy of your recurring payment authorization, you may do so by printing the Recurring Payment Terms yourself or by calling us at 866-526-0083 to request a paper copy. We may charge you a reasonable service charge for the delivery of a paper copy of the Recurring Payment Terms so long as we disclose our then current service charge to you at the time of your request for a paper copy.

    4.5 Delivery of Funds

    We will use reasonable efforts to facilitate your payments properly. Arcadia Power makes no guarantees, warranties, representations or commitments regarding when payments will reach your Utility. You understand and agree that any timeline provided by Arcadia Power regarding payments is an estimate only. Arcadia Power cannot be held responsible for any fees, penalties, or late payment interest charged to you by your Utility or any third party as a result of a delay in payment.

    Arcadia is not responsible for any failure to complete or delay in completing any payment due to any of the following:

    • Your Payment Account does not contain sufficient funds or your Payment Method does not have available credit to complete the payment or the charge is rejected or returned by your bank or financial institution;
    • The payment processing center is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
    • Your Utility rejects or returns the payment for any reason;
    • Your equipment, software or any communications link is not working properly;
    • You have provided us with incorrect information about your Utility;
    • Your Utility mishandles or delays handling or posting any payment;
    • Circumstances beyond our control (for example, Force Majeure) that prevent or delay the payment from being completed;
    • You have not provided us with the correct bank account or credit card information; and/or
    • Your payment was sent to an unintended Utility.

    If we facilitate a payment for an incorrect amount, we will use commercially reasonable efforts to recover the incorrect payment from your Utility. If we can recover the incorrect payment that was charged to you, we will return the amount of the incorrect payment to you. If not, we will notify you of that fact and you will be responsible to make appropriate arrangements with your Utility to receive a refund of the credit or have it applied against future balances.

    4.6 Canceling Scheduled Payments

    You may cancel a payment without penalty at any time up to three (3) Business Days prior to the Processing Date. Once Arcadia Power has begun processing a payment it cannot be canceled.

  5. Utility Account

    5.1 Access

    You authorize Arcadia Power to retrieve, on your behalf as your agent, your Utility Account Information that is maintained online by your Utility. By submitting your Utility Account Information, you certify and confirm that you are entitled to disclose this Utility Account Information and that you are an authorized user of your Utility Account. Arcadia Power makes no effort to review your Utility Account Information for accuracy.

    To allow Arcadia Power to retrieve your Utility Account Information, you understand that you must provide Arcadia Power with your Utility Account Credentials. You acknowledge that Arcadia Power may need to periodically change or update your Utility Account Information and Utility Account Credentials in order to use the Services. You agree to allow Arcadia Power to make such changes to your Utility Account(s) on your behalf and as your agent including, but not limited to, changes to your login information, your email address, and your account security questions. You represent, warrant, acknowledge, and agree that you are solely responsible for the accuracy of your Utility Account Credentials.

    You acknowledge that Arcadia Power may also need to modify or update your Utility Statement delivery preferences in order to provide Consolidated Bill Pay, which could include modifying your e-billing or auto payment preferences.

    You agree to notify Arcadia Power of any changes to your Utility Account Information or Utility Account Credentials. By providing Arcadia Power with your Utility Account Credentials, you certify that you or another member of your household or small business owns the Utility Account(s) associated with your home or business.


    You acknowledge and agree that when Arcadia Power is accessing and retrieving your Utility Account Information from third-party sites, Arcadia Power is acting as your agent, and not as the agent for or on behalf of the third-party.

    5.2 Notices

    You authorize Arcadia Power to receive Utility Account Notices on your behalf and you understand and agree that we may not pass along any or all of these Notices to you. You agree that Arcadia Power shall not be liable for any delays, failure to deliver, or misdirected delivery of any Utility Account Notice.

    5.3 Identity Verification

    You authorize Arcadia Power, directly or through third parties, to make any inquires we consider necessary to verify your identity. This may include asking for you further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources. If you cannot verify your identity, Arcadia Power reserves the right to deny you use of the Services.

  6. Fees & Promotions

    6.1 Fees

    You understand and agree that payments facilitated by Arcadia Power may incur a Fee. This Fee will be included on your Arcadia Power Bill. The Fee may vary, depending upon factors, including but not limited to your Utility, the Payment Method, and promotions run by Arcadia Power. The Fee is subject to change at any time and will be disclosed to you prior to payment submission.

    6.2 Promotions

    From time to time, and in its sole discretion, Arcadia Power may chose to offer discounts, rebates, or other promotions. Such promotions are available for new, first-time Arcadia Power customers only. Customers who already have an Arcadia Power account are not eligible for discounts, rebates, or other promotions.

  7. Actions by Arcadia Power

    7.1 Account Closure, Termination of Service, or Limited Account Access

    If we have reason to believe that you have broken these Terms, we may take various actions to protect Arcadia Power, a third party, or you from fees, costs, expenses, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

    • We may close, suspend, or limit your access to your Account or the Services;
    • We may update inaccurate information you provided us;
    • We may refuse to provide the Services to you in the future;
    • Arcadia Power may close, suspend, or limit your access to your Account or Services; and
    • We may take legal action against you.

    Arcadia Power, in its sole discretion, reserves the right to terminate access to its Website, to your Account, or to the Services for any reason and at any time upon notice to you.

    If we close your Account or terminate your use of the Services for any reason, we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate in our sole discretion.

  8. Your Privacy

    Your use of the Services is also governed by our Privacy Policy. By using the Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy (arcadiapower.com/privacy). You further agree that you are licensing your Utility Account Information to Arcadia Power for the purpose of providing the Services. Arcadia Power may use and store the content in accordance with these Terms and our Privacy Policy.

  9. Confidentiality and Notices

    You agree and understand that you are responsible for maintaining the confidentiality and security of your password, which, together with your login ID e-mail address, allows you to access the Services. That login ID e-mail address and password constitute your “Registration Information.” We recommend you do not use the same password for other online accounts, such as an online banking account. In order for the Services to function effectively, you must keep your Utility Account Credentials and Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. If you become aware of any unauthorized use of your Utility Account Credentials or Registration Information, you agree to notify Arcadia Power as soon as reasonably possible at the e-mail address privacy@arcadiapower.com


    Our information collection and use policies with respect to the privacy of such Account Information, Utility Account Credentials, and Registration Information are set forth in the Privacy Policy, which is incorporated herein by reference for all purposes.


    By providing us with your email address and phone number, you agree to receive all required notices electronically, to that email address, or through live calls, texts, and/or robocalls to your phone number. It is your responsibility to update or change that address, as appropriate. Email notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our Website, accessible through any standard, commercially available Internet browser.

  10. Compliance with Applicable Laws

    When you access or use the Services, you are required to comply with all applicable laws and any other conditions or restrictions in any written or online notice from Arcadia Power (including these Terms). As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. The Services are offered for your personal and non-commercial use only, and Arcadia Power does not grant you any express or implied rights to access or use the Services for any other purpose.


    Without limiting the generality of the foregoing, you agree not to:

    • Impersonate any person or entity, whether actual or fictitious, or falsely state or otherwise misrepresent your affiliation with any person or entity;
    • Interfere with any other users’ rights to privacy and publicity, including by harvesting or collecting information from or about users;
    • Upload or otherwise transmit any communication, software, or materials that contain a virus or is otherwise harmful to Arcadia Power or its users’ computers or systems; or
    • Engage in “spidering,” “screen scraping,” “database scraping,” harvesting of email addresses, wireless address, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from Arcadia Power, including without limitation any information residing on any server or database connected to the Services.
  11. Intellectual Property of Arcadia Power and Its Licensors

    11.1 Copyright

    Our Website (including, but not limited to, text, images, photographs, graphics, user interface, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such content) is protected under the copyright laws of the United States and other countries. Arcadia Power owns all copyrights in our Website or its third-party suppliers and licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of our Website, except that you may make use of the content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the content.

    11.2 Trade and Service Mark Rights

    All rights in the company names, trade names, logos, service marks, and slogans of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Arcadia Power or its third-party suppliers and licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials is expressly prohibited, and nothing stated or implied on our Website confers on you any license or right under any trademark of Arcadia Power, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of Arcadia Power, please contact Arcadia Power at info@arcadiapower.com.

  12. Notice of Infringement

    Arcadia Power respects the intellectual property rights of others, and requires that Users do the same. If you believe in good faith that your work has been reproduced or is accessible on our Website in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide Arcadia Power with the following information in writing:

    • Identification of the copyrighted work or other intellectual property claimed to have been infringed;
    • Identification of the allegedly infringing material, reference, or link that is to be removed and information reasonably sufficient to permit Arcadia Power to locate the material, reference, or link;
    • Your name, address and daytime telephone number, and an e-mail address if available, so that Arcadia Power may contact you if necessary;
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
    • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

    Please note that due to security concerns, e-mail attachments will not be accepted. Any notice of infringement submitted electronically with an attachment will not be received or processed.


    Upon receipt of a notice of claimed infringement (or any statement in conformity with 17 U.S.C. § 512(c)(3)), Arcadia Power will expeditiously remove or disable access to the allegedly infringing content. Arcadia Power may terminate the service privileges of users who repeatedly infringe the copyrights or other intellectual property rights of others.

  13. Third-Party Content and Links to Third-Party Websites

    You may be able to link from our Website to certain Linked Sites. This includes links from advertisers, sponsors, and small business partners that may use our logo(s) as part of a co-branding relationship. You acknowledge and agree that Arcadia Power has no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates or partners of ours, and you rely on the same at your own risk. Links to such websites or resources do not imply any endorsement by Arcadia Power of such websites or resources or the content, products, or services available from such websites or resources. Such Linked Sites are not under our control, and links to other websites are provided solely for the convenience of users. You acknowledge that when you leave our Website by any means, including, but not limited to, when you click on a link that leaves our Website, the website you will land on is not controlled by us and different terms of use and privacy policies apply. If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policy.

  14. Disclaimer of Warranties

    YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Arcadia Power expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

    Arcadia Power makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.

  15. Limitation of Liability

    You expressly understand and agree that Arcadia Power will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if Arcadia Power has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to your account information; (iv) statements or conduct of any third party on the Services; (v) late or never received Statements or Notices, or (vi) any other matter relating to the Services. In no event will Arcadia Power’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid Arcadia Power in the last six (6) months, or, if greater, one hundred dollars ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Services or with these terms, your sole and exclusive remedy is to discontinue use of the Services.

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARCADIA POWER DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONAL INFORMATION (as defined in the Privacy Policy).

  16. Indemnification

    You agree to release, indemnify, and hold harmless Arcadia Power, its affiliates, and its and their respective officers, employees, directors, members, and agents from any and all losses, damages, costs, expenses (including reasonably attorneys’ fees), rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, your connection to the Services, your use of products or services obtained by or through Linked Sites, your violation of these Terms, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

  17. Arbitration of Claims

    Any claim that you might have against Arcadia Power must be resolved through binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules and must be brought within one (1) year of the claim arising.

    Any arbitration hearing will be held in Washington, D.C. You understand and agree that you will arbitrate with Arcadia Power in your individual capacity, not as a representative or member of a class. Your claim may not be joined with the claim of any other person, and there will not be authority for any dispute to be arbitrated on a class-action basis. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to any claim that all or any part of these Terms is void or voidable.

    Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award.

  18. No Waiver

    The failure of Arcadia Power to enforce any provisions of these Terms or respond to a breach by you or other parties will not in any way waive its right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.

  19. Miscellaneous

    19.1 Choice of Law and Forum

    These Terms are governed by, and must be construed in accordance with, the laws of the District of Columbia. In the event Arcadia Power brings a claim against you, you agree to submit to the exclusive jurisdiction of the federal or local courts located in Washington, D.C.

    19.2 Integration and Severability

    Unless otherwise specified herein, the Terms constitute the entire agreement between you and Arcadia Power and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.


Effective Date: June 27, 2016