Legal Items

Nolin RECC

Rush Hour Rewards Program Agreement for Nolin RECC Members

Thank you for your interest in the Rush Hour Rewards Program, a service offered by Nest Labs, Inc. (“Nest”). Rush Hour Rewards is a partner program to the Nolin Rural Electric Cooperative Corporation (“Nolin RECC”) $impleSaver program.

Through an agreement between East Kentucky Power Cooperative (“EKPC”), on behalf of Nolin RECC, and Nest, Nest’s Rush Hour Rewards Program allows you to participate in a program for Nolin RECC residential members 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 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”) gives Nolin RECC and/or EKPC permission to enroll you in the Rush Hour Rewards Program, pursuant to the terms and conditions below. Any additional Nest Learning Thermostats installed at your Nolin RECC 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 applicable laws and regulations, and pursuant to Nolin RECC’s Direct Load Control Program tariff approved by the Kentucky Public Service Commission.

Eligibility Requirements

The Rush Hour Rewards Program is available to Nolin RECC residential electric members who meet certain eligibility requirements. In order to participate, you must: (1) be a Nolin RECC electric service account holder with an installed, operable Nest Learning Thermostat controlling a residential-grade air conditioning unit at the Nolin RECC service address; (2) have an 802.11 wireless network at the Nolin RECC 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.

Incentive(s)

Nolin RECC account holders are eligible to earn annual incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in the Rush Hour Rewards Program. Incentives will be provided pursuant to the Nolin RECC’s Direct Load Control Program tariff approved by the Kentucky Public Service Commission. Automatic enrollment of additional Nest Learning Thermostats may not result in additional Incentives.

The Incentives are provided solely by Nolin RECC. 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. Nolin RECC and EKPC reserve the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

Nolin RECC and/or EKPC may 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, energy consumption and billing data, billing records, billing history, and rate information. Your credit card, checking account, or similar payment information will not be shared by Nolin RECC or EKPC with Nest.

Nest may share with Nolin RECC and/or EKPC certain information (including, but not limited to, your name, email address, service address, Nolin RECC account number, Nest Learning Thermostat serial number, activation date, Nest account status, HVAC system runtime data, temperature set-points, and related details) 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, Nest may share with Nolin RECC and/or EKPC 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.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest, EKPC or Nolin RECC may terminate this Agreement and not enroll you, or terminate your enrollment, in the Rush Hour Rewards Program if you do not satisfy eligibility requirements or you breach this Agreement. You are participating in 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 (https://nest.com/legal) and applicable laws and regulations, and pursuant to Nolin RECC’s Direct Load Control Program tariff approved by the Kentucky Public Service Commission.

You release and hold harmless Nest, EKPC and Nolin RECC from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program, except to the extent caused by the negligent or willful misconduct of Nest, EKPC or Nolin RECC, as applicable.

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.