Legal Items

PGE

Rush Hour Rewards Program Agreement for Portland General Electric Customers

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 Portland General Electric (“PGE”) 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 Nest permission to access and use your energy usage and billing information, to enable the Rush Hour Rewards Program and for PGE to enroll you in the Rush Hour Rewards Program pursuant to the terms and conditions below. Any additional Nest Learning Thermostats installed at your PGE 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.

Eligibility Requirements

The Rush Hour Rewards Program is available to PGE residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a PGE residential electric service account holder; (2) have an 802.11 wireless network at the PGE service address; and (3) agree to the terms and conditions set forth in this Agreement.

In addition, (1) if the Rush Hour Rewards Program is offered by PGE 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 Learning Thermostat controlling an air conditioning unit, at your PGE service address; and (2) if the Rush Hour Rewards Program is offered by PGE 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 Learning Thermostat controlling a heat pump at your PGE service address.

Incentive(s)

PGE account holders are eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in Rush Hour Rewards. Incentives will be provided pursuant to the applicable PGE offer and the automatic enrollment of additional Nest Learning Thermostats may not result in additional Incentives.

The Incentives are provided solely by PGE. 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. PGE reserves the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

PGE 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, 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 PGE with Nest.

Nest may share certain information (including, but not limited to, your name, email address, service address, PGE account number, Nest Learning Thermostat serial number, activation date, runtime data, set-points, and related details) with PGE 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.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or PGE 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 (https://nest.com/legal) and applicable laws and regulations.

You release and hold harmless Nest and PGE 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.