Legal Items

Cooperative Rewards

RUSH HOUR REWARDS PROGRAM AGREEMENT FOR COOPERATIVE REWARDS MEMBERS

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

Nest’s Rush Hour Rewards Program allows you to participate in a program for residential customers using your Nest thermostat called “Cooperative Rewards” (the “Program”) sponsored by your electric cooperative (each, a “Cooperative”). Participating Cooperatives are:

  • Clay Electric Cooperative
  • Central Florida Electric Cooperative
  • Glades Electric Cooperative
  • Peace River Electric Cooperative
  • SECO Energy
  • Suwannee Valley Electric Cooperative
  • Talquin Electric Cooperative
  • Tri-County Electric Cooperative
  • Withlacoochee River Electric Cooperative

The Program is managed by EnergyHub, Inc. (“EnergyHub”) a third-party provider of demand response programs, under contract with your Cooperative. As part of the Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest thermostat of the existence of a Rush Hour Rewards event, causing the Nest thermostat automatically to change the temperature setpoint in your home on that day without any manual intervention by you. At any time that you desire, you may override this temperature setpoint simply by turning your Nest thermostat to a different temperature or using the Nest website or mobile application.

Your agreement to these terms (“Agreement”) gives Nest, EnergyHub, and your Cooperative permission to access and use your energy usage information, to enable the Rush Hour Rewards Program and for EnergyHub and your Cooperative to enroll you in the Program, pursuant to the terms and conditions below. Any additional Nest thermostats installed at your Cooperative service address will be automatically enrolled in the Rush Hour Rewards Program.

Nest’s administration of the Rush Hour Rewards Program is subject to the Nest Terms of Service, privacy policies, and other policies on Nest’s website (http://www.nest.com/legal), and applicable laws and regulations.

Eligibility Requirements

The Rush Hour Rewards Program is available to residential electric members of a Cooperative who meet certain eligibility requirements. In order to participate, you must: (1) be a Cooperative residential electric service account holder; (2) have a wireless network at your Cooperative service address that supports the 802.11 protocol; (3) have an active Nest account linked to your Nest thermostat; (4) agree to the terms and conditions set forth in this Agreement; and (5) agree to the terms and conditions set forth at https://nest.energyhub.net/nest/terms/cooperative-rewards/cooperative-rewards.html (the “EnergyHub Terms and Conditions”).

In addition, (1) if the Rush Hour Rewards Program is offered in the summer season, in order to participate in the Rush Hour Rewards Program during the summer season you must have an installed, operable Nest thermostat controlling an air conditioning unit, at your Cooperative service address; and (2) if the Rush Hour Rewards Program is offered in the winter season, in order to participate in the Rush Hour Rewards Program during the winter season you must have an installed, operable Nest thermostat controlling a heat pump at your Cooperative service address.

Incentive(s)

Cooperative account holders may be eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in the Program. Incentives will be provided pursuant to the applicable Cooperative offer and the automatic enrollment of additional Nest thermostats will not result in additional Incentives.

The Incentives are provided solely by your Cooperative. Neither Nest nor EnergyHub bears any responsibility for the Incentives. You acknowledge that Nest and EnergyHub are facilitating your ability to earn Incentives, but Nest and EnergyHub are not providing you any compensation or other financial benefit, and your permissions to Nest and EnergyHub are not contingent on receipt or amount of the Incentives. Neither Nest nor EnergyHub makes any promise of any specific Incentive amount. Your Cooperative reserves the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

Nest may share certain information (including, but not limited to, your name, email address, service address, Cooperative account number, Nest thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with your Cooperative and EnergyHub, and/or each of their third party contractors or agents to verify that you are eligible to participate in the Rush Hour Rewards Program, implement the Rush Hour Rewards Program, and to evaluate the comprehensive energy impact of the Nest thermostat and other Nest products and services. In addition, Nest may share with EnergyHub and your Cooperative your decision to opt out of the Rush Hour Rewards Program or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in the Program.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest and/or EnergyHub may terminate this Agreement and not enroll you, or terminate your enrollment, in the Rush Hour Rewards Program 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 Rush Hour Rewards Program on a voluntary basis.

You agree to participate in the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (http://www.nest.com/legal) and applicable laws and regulations.

You agree to the EnergyHub Terms and Conditions https://nest.energyhub.net/nest/terms/cooperative-rewards/cooperative-rewards.html.

You release and hold harmless Nest, EnergyHub, and your Cooperative from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program.

This Agreement is effective upon your submitting this Agreement and will continue until you or Nest cancels your participation. You may cancel participation at any time during the program by calling Nest at (855) 469-6378.