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APS

Rebate Redemption Tool Agreement for Arizona Public Service (APS) Customers

This Rebate Redemption Tool is provided by Nest Labs, Inc. (“Nest”) and allows you to participate in a rebate program for residential customers offered by Arizona Public Service Company (“APS” or the “Utility”) and implemented by EnergyHub, Inc. (collectively with its respective affiliates, agents, directors, officers, employees, successors and assigns, “EnergyHub”), and apply for a rebate for your Nest Thermostat (“Rebate”).

Your agreement to these terms and conditions (“Agreement”) gives Nest permission to access, use and share the certain information with EnergyHub and/or the Utility, including information you submit to the Rebate Redemption Tool, to enable EnergyHub and/or the Utility to verify your eligibility for the Rebate, pursuant to the terms and conditions below.

Nest will provide the Rebate Redemption Tool in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/legal) and applicable laws and regulations. In addition, you agree to comply with the Utility’s program terms as set forth in the Program Details below, including the applicable Rebate and eligibility requirements.

Eligibility Requirements

The Rebate is available to Utility residential customers who meet certain eligibility requirements. In order to participate, you must, at a minimum: (1) be a Utility residential electric service account holder; (2) have an active Nest account linked to your Nest Thermostat; (3) have Wi-Fi connection at your Utility service address sufficient to communicate that your Nest Thermostat has been successfully activated and paired to Nest’s services; (4) have activated your Nest Thermostat in the timeframe set forth in the Program Details below; and (5) agree to the terms and conditions set forth in this Agreement. This Agreement will become effective upon acceptance. Any permissions or releases granted hereunder shall survive cancellation or termination of this Agreement with respect to activities occurring prior to the time of such cancellation or termination.

Rebates(s)

Rebates will be provided pursuant to the applicable Utility offer as set forth in the Program Details below.

The Rebates are provided solely by the Utility. EnergyHub and Nest bear no responsibility for the Rebates. You acknowledge that Nest and EnergyHub are facilitating your ability to claim Rebates, but Nest and EnergyHub are not providing you any compensation or other financial benefit, and your permissions to Nest are not contingent on receipt or amount of the Rebates. Nest and EnergyHub make no promise of any specific Rebate amount. The Utility and/or EnergyHub reserve the right to seek further information to verify your eligibility for the Rebates.

Agreement

By submitting this Agreement, you agree that:

EnergyHub, Nest, the Utility and their respective agents may share between them certain information (including, but not limited to, your name, email address, service address, APS account number, Nest Thermostat serial number, activation date, Nest account status, other information submitted by you in the Rebate Redemption Tool, and related details) to verify that you are eligible for the Rebate.

EnergyHub, Nest, and/or the Utility (i) are authorized to send you emails and other notifications related to your application for the Rebate; and (2) may collect your personal information or data in order to verify your eligibility for the Rebate, as permitted by law and in accordance with their respective privacy policies, and that if they cannot collect the required information or data to verify your eligibility for the Rebate, you may not be eligible for the Rebate. Each of EnergyHub, the Utility and Nest will protect your personal information and usage data consistent with this Agreement and their respective then-current privacy policies.

EnergyHub, Nest, and/or the Utility may send you emails and other notifications related to surveys about the Utility’s Smart Thermostat Program (the “Program”) and to share your responses to such surveys among themselves. Such surveys may include questions about topics such as your experience in the Program and your willingness to participate in future energy saving programs.

EnergyHub, Nest, the Utility and their respective agents may exchange certain information related to your identity and your participation in the program, solely for the purposes of verifying your eligibility for, and ensuring your receipt of, the Rebate.

EnergyHub, the Utility, and their respective agents may exchange certain information related to your identity, your energy usage, and your participation in the program for the purposes of administering the Program.

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.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest, the Utility or EnergyHub may terminate this Agreement and not approve your application for a Rebate if you are not truthful in the information you submit as part of this Agreement, if you do not satisfy eligibility requirements, or for any other reason. You are using Nest’s Rebate Redemption Tool and applying for a Rebate on a voluntary basis.

You agree to use the Rebate Redemption Tool in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/legal) and applicable laws and regulations.

YOU ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW. You release and hold harmless Nest, the Utility and EnergyHub from any liability, claim, demand, cause of action, damage or expense resulting from (1) your use of the Rebate Redemption Tool; (2) any release of information to EnergyHub, Nest or the Utility pursuant to this Agreement; (3) the use of any information in accordance with the terms of this Agreement; (4) any actions taken by EnergyHub, Nest or the Utility pursuant to this Agreement; and (5) your participation in the Program.

General Conditions.

This Agreement is governed by the laws of the State of New York. All federal, state and local laws and regulations apply. EnergyHub, Nest, Utility, 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. EnergyHub’s, Utility’s, or Nest’s 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. Further, 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.

ENERGYHUB, NEST, UTILITY, 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 THE REBATE REDEMPTION TOOL OR THE PROGRAM.

Changes.

You agree that Nest and EnergyHub have the right to make changes to this Agreement at any time. Nest and EnergyHub will make reasonable efforts to notify you of such changes, and you can review the most current version of this Agreement at any time at website address set forth below in the “Program Details” paragraph. Your acceptance of the Rebate constitutes your agreement to the changed Terms.

Entire Agreement.

This Agreement constitutes the entire agreement between EnergyHub, Nest, the Utility and you relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.

Program Details.

  • Utility name: Arizona Public Service Company
  • Utility website address: www.aps.com/thermostats
  • Rebate amount: $75 one-time rebate for each eligible Nest Thermostat; up to five (5) rebates per customer
  • Program name: APS Smart Thermostat Program
  • Additional eligibility terms: You must be a current APS residential customer on the date you submit your application; You must have an eligible thermostat connected and controlling your central air conditioning unit at the address for service under your APS account
  • Required date for activation of your Nest Thermostat: Your Nest Thermostat(s) must have been activated between August 5, 2016 and December 31, 2017 in order to be eligible for the rebate
  • The Program application for enrollment is available at the following website address: https://nest.com/energy-partners/aps/
  • Program Period: The Program will run for the period of August 5, 2016 through, and including, December 31, 2017.
  • These Program Terms are available at the following website address: https://nest.com/-apps/energy-partners/aps/terms.html

This Agreement is effective upon your submitting this Agreement.