Legal Items

Puget Sound Energy

RUSH HOUR REWARDS PROGRAM AGREEMENT FOR PUGET SOUND ENERGY 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 Puget Sound Energy Inc. (“PSE”) using your Nest thermostat. As part of the Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest thermostat of the existence of a PSE Rush Hour Rewards Program event, causing the Nest thermostat automatically to change the temperature set-point in your home on that day without any manual intervention by you. At any time that you desire, you may override this temperature set-point 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 permission to access and use your energy usage and billing information, to enable the Rush Hour Rewards Program and for PSE to enroll you in the Rush Hour Rewards Program, pursuant to the terms and conditions below. Any additional Nest thermostats installed at your PSE 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 PSE residential natural gas customers who meet certain eligibility requirements. In order to participate, you must: (1) be a PSE residential natural gas service account holder; (2) have an 802.11 wireless network at the PSE service address; (3) have an active Nest account linked to your Nest thermostat; and (4) agree to the terms and conditions set forth in this Agreement.

In addition, (1) if the Rush Hour Rewards Program is offered by PSE 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 PSE service address; and (2) if the Rush Hour Rewards Program is offered by PSE 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 heating system which uses natural gas as the primary source of heat at your PSE service address.

Agreement

By submitting this Agreement, you agree that:

Nest may share certain information (including, but not limited to, your name, email address, service address, PSE account number, Nest thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with PSE and/or its third party contractors or agents to verify that you are eligible to participate in the Rush Hour Rewards PSE Agreement No. 4600008740 / Amendment No. Four (4) 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 PSE 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 expressly consent to the sharing of data described in this paragraph.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or PSE 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 PSE 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.