Legal Items

Austin Energy

CUSTOMER AGREEMENT FOR AUSTIN ENERGY POWER PARTNER THERMOSTAT PROGRAM ADMINISTERED THROUGH NEST’S RUSH HOUR REWARDS PROGRAM

Updated June 5, 2018. For users that enrolled prior to June 5, 2018, please click here if you would like a copy of the previous Nest Rush Hour Rewards Agreement for Austin Energy Customers.

The Austin Energy Power Partner™ Thermostat Program (the “Program”), provided by Austin Energy and offered by EnergyHub, Inc., uses your Nest thermostat and allows Nest’s servers to remotely inform your Nest thermostat of the existence of an Austin Energy demand response event, causing the Nest thermostat automatically to change the temperature setpoint in your home. These events are referred to on your Nest thermostat as “Rush Hour Rewards” events. You may override this temperature setpoint simply by turning your Nest thermostat to a different temperature or using the Nest website or mobile application. Austin Energy, EnergyHub, and Nest may be referred to jointly as “Program Parties.”

Overview

To participate in the Program, you must be at least 18 years of age and agree to this agreement. This is a legally binding agreement with respect to the Program. By submitting this agreement, you agree to be bound by all terms and conditions of this agreement, and you give Program Parties permission to enroll you in the Program pursuant to the terms and conditions of this agreement. You will not be enrolled in the Program until your application has been accepted and approved by Austin Energy. Any additional Nest thermostats installed at your utility service address will be automatically enrolled in the Program.

Incentive(s)

If Austin Energy approves your application, and in its sole discretion finds that you are eligible to participate, Austin Energy will provide you with an enrollment payment (“Incentive”), issued in the name of the utility account holder with application acceptance. The Incentive is provided solely by Austin Energy. Neither Nest nor EnergyHub bear any responsibility for the Incentives. You acknowledge that your permissions granted under this agreement to the Program Parties are not contingent on receipt or amount of the Incentives.

Program Terms

You are participating in the Program on a voluntary basis. If you no longer wish to participate in the Program, you may cancel at any time by contacting Austin Energy, Nest, or EnergyHub at the phone or email address in the Program Details below. By cancelling your participation in the Program, you may become ineligible to receive future incentives or participate in Austin Energy programs.

By accepting this agreement, you agree to the following:

  • You authorize Austin Energy to schedule events affecting your Nest thermostat to reduce electrical demand, and you authorize Nest to remotely inform your Nest thermostat to change the temperature setpoint in your home at the scheduled time without any manual intervention by you.
  • You agree that Austin Energy may contact you by e-mail, mail, or telephone if, for any reason, Austin Energy needs to verify connectivity or customer status, administer surveys, and/or present additional offers.
  • You agree to use reasonable efforts to maintain network connectivity to your Nest thermostat through an internet service provider.
  • The Program Parties and their respective contractors and/or agents may collect and exchange certain information related to your Austin Energy account, identity, your energy usage, operational data (such as temperature set-point, fan status, heating or cooling mode, compressor and fan runtimes, and opt-in or opt-out status), Nest thermostat, and any decision to opt out of the Program solely for the purposes of administering the Program and evaluating the comprehensive impact of Nest and EnergyHub products and/or services.
  • Austin Energy and EnergyHub may summarize the results of the Program in publicly available studies, provided that any data or information included in such studies will be aggregated and anonymized such that you cannot be individually identified.
  • If EnergyHub ceases to be an approved provider of Austin Energy, Austin Energy may assign this agreement to another Program-approved provider under the same terms of this agreement to perform the functions described herein.
  • You are responsible for maintaining the Nest thermostat, including, but not limited to, making any warranty claims covered by the manufacturer.
  • If you remove or cause your thermostat to be removed from the Program or exchange or upgrade your thermostat within two years of receiving an Incentive, you may be enrolled in the Program but will not be eligible for a Program Incentive.
  • You agree to provide access to (i) your service address to Austin Energy and/or Austin Energy’s contractors to verify installation of your Nest thermostat and (ii) energy use data collected by Austin Energy electric meter to evaluate Program performance.
  • You acknowledge that Nest’s administration of the Program is subject to the Nest Terms of Service, privacy policies, and other policies on Nest’s website (https://nest.com/legal).
  • You acknowledge that EnergyHub’s administration of the Program is subject to the EnergyHub Terms of Use, privacy policies, and other policies on EnergyHub’s website (http://www.energyhub.com/privacy-policy).

General Conditions

This agreement is governed by the laws of the State of Texas. All federal, state and local laws and regulations apply. The Program Parties and their respective affiliates, agents, directors, officers, employees, successors, and assigns are not responsible for any typographical or other error in the printing of the offer or administration of the Program. The Program Parties’ failure to enforce any term of this agreement shall not constitute a waiver of that provision. As a condition of participating in the Program, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with the Program, shall be resolved individually, without resort to any form of class action. In any such dispute, you hereby waive all rights to claim or be awarded, punitive, incidental or consequential damages, including attorneys' fees, and you further waive all rights to have damages multiplied or increased.

LIMITATIONS OF LIABILITY

NEITHER AUSTIN ENERGY NOR ENERGYHUB WILL BE LIABLE IN ANY MANNER WHATSOEVER FOR THE OPERATION OF THE NEST THERMOSTAT OR FOR ITS PERFORMANCE OR NON-PERFORMANCE OR FOR THE PERFORMANCE OR NON-PERFORMANCE OF YOUR AIR CONDITIONING SYSTEM OR COSTS ASSOCIATED WITH THE AIR CONDITIONING SYSTEM’S ENERGY USAGE. YOU ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE PROGRAM PARTIES FROM ANY AND ALL LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE OR EXPENSE ARISING OUT OF OR RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR USE OR ACCEPTANCE OF ANY INCENTIVE. THE PROGRAM PARTIES HAVE NO LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE INCURRED AS A RESULT OF OR IN CONNECTION WITH A PARTICIPANT'S PARTICIPATION IN THE PROGRAM.

Termination by the Program Parties

The Program Parties each reserve the right to terminate this Agreement and not enroll you, or terminate your enrollment, in the Program at any time and without liability upon notice via email to the email associated with your Nest account at the time of your enrollment, if you do not satisfy the eligibility requirements, you violate this Agreement or applicable law, Austin Energy declares you ineligible, your account with Nest is no longer active, you enroll in a conflicting energy program through EnergyHub or Nest, or any other reason.

DISCLAIMER

THE PROGRAM PARTIES AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCORRECT OR INACCURATE PROGRAM APPLICATION INFORMATION, AND ASSUME NO RESPONSIBILITY FOR (I) ANY CONTENT, SOFTWARE, HARDWARE, THERMOSTATS, PRODUCTS OR OTHER MATERIALS PROVIDED, MANUFACTURED, DEVELOPED OR CREATED BY A THIRD PARTY; (II) ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE, (III) FAILURE OF ANY APPLICATION TO BE RECEIVED BY THE PROGRAM PARTIES DUE TO TECHNICAL PROBLEMS, TELEPHONE SERVICE PROBLEMS, PRINTING ERRORS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, (IV) COMMUNICATIONS LINE, HARDWARE AND/OR SOFTWARE FAILURES, (V) DAMAGE TO ANY COMPUTER (SOFTWARE OR HARDWARE) RESULTING FROM PARTICIPATION IN THE PROGRAM, OR (VI) THEFT OR DESTRUCTION OF, TAMPERING WITH, UNAUTHORIZED ACCESS TO, OR ALTERATION OF APPLICATIONS AND/OR PROGRAM APPLICATION INFORMATION).

Entire Agreement

This agreement constitutes the entire agreement between the Program Parties and you relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.

Program Details

For Customers enrolled prior to June 5th: CUSTOMER AGREEMENT FOR AUSTIN ENERGY POWER PARTNER THERMOSTAT PROGRAM ADMINISTERED THROUGH NEST’S RUSH HOUR REWARDS PROGRAM

Thank you for your interest in the Rush Hour Rewards Program, a service offered by Nest Labs, Inc. (“Nest”).

The Austin Energy Power Partner™ Thermostat Program (the “Program”), provided by Austin Energy and offered by EnergyHub, Inc., uses your Nest thermostat and allows Nest’s servers to remotely inform your Nest thermostat of the existence of an Austin Energy demand response event, causing the Nest thermostat automatically to change the temperature setpoint in your home. These events are referred to on your Nest thermostat as “Rush Hour Rewards” events. You may override this temperature setpoint simply by turning your Nest thermostat to a different temperature or using the Nest website or mobile application. Austin Energy, EnergyHub, and Nest may be referred to jointly as “Program Parties.”

Overview

To participate in the Program, you must be at least 18 years of age and agree to this agreement. This is a legally binding agreement with respect to the Program. By submitting this agreement, you agree to be bound by all terms and conditions of this agreement, and you give Program Parties permission to enroll you in the Program pursuant to the terms and conditions of this agreement. You will not be enrolled in the Program until your application has been accepted and approved by Austin Energy. Any additional Nest thermostats installed at your utility service address will be automatically enrolled in the Program.

Incentive(s)

If Austin Energy approves your application, and in its sole discretion finds that you are eligible to participate, Austin Energy will provide you with an enrollment payment (“Incentive”), issued in the name of the utility account holder with application acceptance. The Incentive is provided solely by Austin Energy. Neither Nest nor EnergyHub bear any responsibility for the Incentives. You acknowledge that your permissions granted under this agreement to the Program Parties are not contingent on receipt or amount of the Incentives.

Program Terms

You are participating in the Program on a voluntary basis. If you no longer wish to participate in the Program, you may cancel at any time by contacting Austin Energy, Nest, or EnergyHub at the phone or email address in the Program Details below. By cancelling your participation in the Program, you may become ineligible to receive future incentives or participate in Austin Energy programs.

By accepting this agreement, you agree to the following:

  • You authorize Austin Energy to schedule events affecting your Nest thermostat to reduce electrical demand, and you authorize Nest to remotely inform your Nest thermostat to change the temperature setpoint in your home at the scheduled time without any manual intervention by you.
  • You agree that Austin Energy may contact you by e-mail, mail, or telephone if, for any reason, Austin Energy needs to verify connectivity or customer status, administer surveys, and/or present additional offers.
  • You agree to use reasonable efforts to maintain network connectivity to your Nest thermostat through an internet service provider.
  • The Program Parties and their respective contractors and/or agents may collect and exchange certain information related to your Austin Energy account, identity, your energy usage, operational data (such as temperature set-point, fan status, heating or cooling mode, compressor and fan runtimes, and opt-in or opt-out status), Nest thermostat, and any decision to opt out of the Program solely for the purposes of administering the Program and evaluating the comprehensive impact of Nest and EnergyHub products and/or services.
  • Austin Energy and EnergyHub may summarize the results of the Program in publicly available studies, provided that any data or information included in such studies will be aggregated and anonymized such that you cannot be individually identified.
  • If EnergyHub ceases to be an approved provider of Austin Energy, Austin Energy may assign this agreement to another Program-approved provider under the same terms of this agreement to perform the functions described herein.
  • You are responsible for maintaining the Nest thermostat, including, but not limited to, making any warranty claims covered by the manufacturer.
  • If you remove or cause your thermostat to be removed from the Program or exchange or upgrade your thermostat within two years of receiving an Incentive, you may be enrolled in the Program but will not be eligible for a Program Incentive.
  • You agree to provide access to (i) your service address to Austin Energy and/or Austin Energy’s contractors to verify installation of your Nest thermostat and (ii) energy use data collected by Austin Energy electric meter to evaluate Program performance.
  • You acknowledge that Nest’s administration of the Program is subject to the Nest Terms of Service, privacy policies, and other policies on Nest’s website (https://nest.com/legal).
  • You acknowledge that EnergyHub’s administration of the Program is subject to the EnergyHub Terms of Use, privacy policies, and other policies on EnergyHub’s website (http://www.energyhub.com/privacy-policy).

General Conditions

This agreement is governed by the laws of the State of Texas. All federal, state and local laws and regulations apply. The Program Parties and their respective affiliates, agents, directors, officers, employees, successors, and assigns are not responsible for any typographical or other error in the printing of the offer or administration of the Program. The Program Parties’ failure to enforce any term of this agreement shall not constitute a waiver of that provision. As a condition of participating in the Program, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with the Program, shall be resolved individually, without resort to any form of class action. In any such dispute, you hereby waive all rights to claim or be awarded, punitive, incidental or consequential damages, including attorneys' fees, and you further waive all rights to have damages multiplied or increased.

LIMITATIONS OF LIABILITY

NEITHER AUSTIN ENERGY NOR ENERGYHUB WILL BE LIABLE IN ANY MANNER WHATSOEVER FOR THE OPERATION OF THE NEST THERMOSTAT OR FOR ITS PERFORMANCE OR NON-PERFORMANCE OR FOR THE PERFORMANCE OR NON-PERFORMANCE OF YOUR AIR CONDITIONING SYSTEM OR COSTS ASSOCIATED WITH THE AIR CONDITIONING SYSTEM’S ENERGY USAGE. YOU ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE PROGRAM PARTIES FROM ANY AND ALL LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE OR EXPENSE ARISING OUT OF OR RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR USE OR ACCEPTANCE OF ANY INCENTIVE. THE PROGRAM PARTIES HAVE NO LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE INCURRED AS A RESULT OF OR IN CONNECTION WITH A PARTICIPANT'S PARTICIPATION IN THE PROGRAM.

Termination by the Program Parties

The Program Parties each reserve the right to terminate this Agreement and not enroll you, or terminate your enrollment, in the Program at any time and without liability upon notice via email to the email associated with your Nest account at the time of your enrollment, if you do not satisfy the eligibility requirements, you violate this Agreement or applicable law, Austin Energy declares you ineligible, your account with Nest is no longer active, you enroll in a conflicting energy program through EnergyHub or Nest, or any other reason.

DISCLAIMER

THE PROGRAM PARTIES AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCORRECT OR INACCURATE PROGRAM APPLICATION INFORMATION, AND ASSUME NO RESPONSIBILITY FOR (I) ANY CONTENT, SOFTWARE, HARDWARE, THERMOSTATS, PRODUCTS OR OTHER MATERIALS PROVIDED, MANUFACTURED, DEVELOPED OR CREATED BY A THIRD PARTY; (II) ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE, (III) FAILURE OF ANY APPLICATION TO BE RECEIVED BY THE PROGRAM PARTIES DUE TO TECHNICAL PROBLEMS, TELEPHONE SERVICE PROBLEMS, PRINTING ERRORS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, (IV) COMMUNICATIONS LINE, HARDWARE AND/OR SOFTWARE FAILURES, (V) DAMAGE TO ANY COMPUTER (SOFTWARE OR HARDWARE) RESULTING FROM PARTICIPATION IN THE PROGRAM, OR (VI) THEFT OR DESTRUCTION OF, TAMPERING WITH, UNAUTHORIZED ACCESS TO, OR ALTERATION OF APPLICATIONS AND/OR PROGRAM APPLICATION INFORMATION).

Entire Agreement

This agreement constitutes the entire agreement between the Program Parties and you relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.

Program Details