Legal Items

CoServ

RUSH HOUR REWARDS PROGRAM AGREEMENT FOR COSERV ELECTRIC 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 offered by Denton County Electric Cooperative, Inc. dba CoServ Electric (“CoServ”) using your Nest Learning Thermostat. As part of the Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest Learning Thermostat of the existence of a Rush Hour Rewards Program event, causing the Nest Learning 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 Learning Thermostat to a different temperature or using the Nest website or mobile application.

Your agreement to these terms (“Agreement”) authorizes CoServ to provide and gives Nest permission to access and use your energy usage and billing information for the Rush Hour Rewards Program and allow CoServ to enroll you in the Rush Hour Rewards Program pursuant to the terms and conditions below. Any additional Nest Learning Thermostats installed at your CoServ service address will be automatically enrolled in the Rush Hour Rewards Program. Nest will administer the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/legal) and all applicable laws and regulations.

Eligibility Requirements

The Rush Hour Rewards Program is available to CoServ residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a CoServ residential electric service account holder; (2) have an 802.11 wireless network at the CoServ service address; (3) have an active Nest account linked to your Nest Learning Thermostat; and (4) agree to the terms and conditions set forth in this Agreement and those as set forth at www.coserv.com/energy-solutions/demand-response/rush-hour-rewards (the “CoServ Terms and Conditions”). In addition, in order to participate in the Rush Hour Rewards Program, you must have an installed and operating Nest Learning Thermostat controlling an air conditioning unit, at your CoServ service address.

Incentive(s)

CoServ account holders are eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and continued enrollment in the Rush Hour Rewards Program. Incentives will be provided pursuant to the CoServ Terms and Conditions and the automatic enrollment of additional Nest Learning Thermostats may not result in additional Incentives. The Incentives are provided solely by CoServ. Nest bears no responsibility for the Incentives. You acknowledge that Nest is facilitating your ability to earn Incentives, but Nest is not providing you any compensation or other financial benefit, and your permissions to Nest are not contingent on receipt or amount of the Incentives. Nest makes no promise of any specific Incentive amount. CoServ reserves the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

You are authorizing CoServ to share information with Nest about your energy usage and associated account and billing data in order for Nest to evaluate and improve its products and services. Such information includes, but is not limited to, consumption and billing data, billing records, billing history, meter usage data, and rate information. Your credit card, checking account, or similar payment information will not be shared by CoServ with Nest.

You are authorizing Nest to share certain information (including, but not limited to, your name, email address, service address, CoServ account number, Nest Learning Thermostat serial number, activation date, Nest account status, runtime data, setpoints, and related details) with CoServ to verify that you are eligible to participate in the Rush Hour Rewards Program and to evaluate the comprehensive energy impact of the Nest Learning Thermostat. In addition, you authorize Nest to share with CoServ 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 Rush Hour Rewards Program.

You represent and warrant that the information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. You further agree that Nest or CoServ may terminate this Agreement, 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 whatsoever. You agree that 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 and subject to the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/legal), the CoServ Terms and Conditions, and applicable laws and regulations.

You release and hold harmless Nest and CoServ from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program. CoServ reserves the right to end the Rush Hour Rewards Program at any time.

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