Legal Items

Orange & Rockland

Nest Rush Hour Rewards Agreement for Orange & Rockland Customers

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

Nest’s Rush Hour Rewards allows you to participate in a summer demand response program (the “Direct Load Control Program” or the “Program”) of Orange & Rockland Utilities, Inc. (“O&R”). The Program will enable O&R to help its customers save energy and money while also allowing O&R to evaluate energy savings achieved as a result of the Program as well as assess customer engagement in and overall satisfaction with the Program. The Program will continue until such time as O&R no longer administers it. During Rush Hour Rewards events, Nest’s servers will automatically inform your Nest® Learning Thermostat™ of the existence of an O&R demand response event, which may cause the Nest Learning Thermostat to change the temperature set-point for the air conditioner in your home on that day. At any time that you desire, you may override this temperature set-point simply by turning your Nest Learning Thermostat to a different temperature or by using your mobile/Web client to do the same.

Your agreement to these terms (“Agreement”) gives Nest permission to enable Rush Hour Rewards and access, use and collect your energy usage information, and gives O&R permission to enroll you in its Direct Load Control Program. Events are triggered based on a variety of factors and you may not receive all possible events or any particular event.

Eligibility Requirements

Rush Hour Rewards is available to O&R residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be an O&R residential electric service account holder with an installed, operable Nest Learning Thermostat controlling a cooling system at an O&R service address; (2) have an 802.11 wireless network at that O&R service address; (3) agree to the terms and conditions set forth in this Agreement; and (4) be over the age of 18 and have obtained any necessary consents to enter into this Agreement (e.g. from a landlord, if the terms of your lease or other agreement so provide).

Incentives

O&R account holders are eligible to earn incentive payment(s) or other reward(s) (“Incentives”) for enrolling and/or continued enrollment in Rush Hour Rewards and the Program.

Program Participation

By accepting this Agreement, you agree and certify that:

The information you provide for enrollment and as a part of your Nest account is truthful, and that you meet the minimum eligibility requirements. Nest or O&R may terminate your participation in Rush Hour Rewards and the Program (or reject your enrollment in these programs) if the information you submit as part of this Agreement is not true, if you do not satisfy eligibility requirements, or for any other reason. You are using Rush Hour Rewards and participating in the Program on a voluntary basis. If you are dissatisfied with the Program, or if you no longer wish to grant the authorizations provided herein, you may un-enroll at any time by calling Nest at: 1-855-469-6378.

During your participation in Rush Hour Rewards, Nest’s servers may remotely inform your Nest Learning Thermostat to implement Rush Hour Rewards on certain days. This may cause a change in the temperature set-point for the air conditioner in your home. Any such adjustment will occur without any manual intervention by you. Again, at any time that you desire, you may override this temperature set-point.

The Incentives are provided solely by O&R. Nest bears no responsibility for Incentives. You acknowledge that Nest is facilitating your ability to claim Incentives, but Nest is not providing you any compensation or other financial benefit, and the terms of this Agreement are not contingent upon your receipt of payment or the amount of the payment. O&R reserves the right to seek further information to verify your eligibility to receive Incentives.

You agree to use Rush Hour Rewards only in compliance with the policies and agreements referenced in this Agreement and on the Nest website (https://nest.com/legal), as well as all applicable local, state, national, and international laws, rules and regulations. You also agree that your participation in the Program is subject to O&R’s Privacy Policy, as set forth on the O&R website (http://www.oru.com/privacypolicy/). You release and hold harmless Nest and O&R from any and all liability, claim, demand, cause of action, damage or expense arising out of or resulting from your participation in Rush Hour Rewards and the Program.

This Agreement is effective upon your accepting this Agreement online and will continue until you, Nest or O&R cancels your participation, provided that any permissions or releases granted hereunder shall survive cancellation with respect to activities occurring prior to the time of such cancellation. Rush Hour Rewards is a summertime program that may continue each year for so long as Nest, O&R, or you do not terminate your participation.

Authorization to Receive Customer Information

By submitting this Agreement, you give Nest and O&R the following permissions:

I allow O&R and Nest to share between them certain information (including, but not limited to, my name, email address, service address, O&R account number, information about my energy usage and billing rates, Nest Learning Thermostat serial number, activation date, runtime data, set-points, and related details) to verify that I am eligible to participate in Rush Hour Rewards and the Program, to confirm my enrollment in Rush Hour Rewards and the Program, and to evaluate the comprehensive energy impact of the Nest Learning Thermostat, and to allow Nest to evaluate and improve its products and services. I agree that Nest and O&R may review and analyze my energy usage and electric bill information for program purposes and may exchange conclusions with each other and publish results based on those conclusions, provided that Nest and O&R treat all such data in accordance with their respective privacy policies.

Nest will administer the Rush Hour Rewards in accordance with the Nest Terms of Service, Privacy Statement and other policies on Nest’s website (http://www.nest.com/legal), and applicable laws and regulations.

Authorization is given for the period commencing with the date of execution until I cancel this authorization or the Program ends, whichever comes first.

I declare under penalty of perjury that I am the customer of record for the service account provided.

I understand that O&R reserves the right to verify any authorization request submitted before releasing information or taking any action on my behalf.