Rush Hour Rewards Program Agreement for Sawnee EMC 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 (the “Program” or “Rush Hour Rewards Program”) allows you to participate in a program for Sawnee EMC (the “Utility”) offered by EnergyHub 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 Rush Hour Rewards event, causing the Nest 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 Thermostat to a different temperature or using the Nest website or mobile application. You should not use back-up generation during a Rush Hour Rewards event.
“EnergyHub” means EnergyHub, Inc. and its respective affiliates, successors and assigns.
“Program Parties” means EnergyHub and the Utility, together with their respective affiliates, successors, and assigns, as well as and Nest and its successors, and assigns.
To participate in the Program, you must be at least 18 years of age and agree to this Rush Hour Rewards Program Agreement, including the requirements set forth in the Program Details below (this “Agreement”). Because this Agreement forms a legally binding agreement with respect to the Program, please read them carefully. By submitting this Agreement, you agree to be bound by all terms and conditions of this Agreement. If you do not agree to this Agreement, you are not eligible to participate in the Program and should not submit this Agreement. Notwithstanding the foregoing, you will not be enrolled in the Program until your application has been accepted and approved by EnergyHub. This Agreement will become effective upon your acceptance and will continue until cancelled or terminated as described below.
By submitting this Agreement, you give Nest permission to access and use your energy usage and billing information, to enable the Rush Hour Rewards Program and for EnergyHub (a third party provider who manages demand response programs) to enroll you in the Rush Hour Rewards Program, pursuant to the terms and conditions of this Agreement. Any additional Nest Thermostats installed at your Utility 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 (http://www.nest.com/legal) and applicable laws and regulations.
You may be eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or remaining enrolled in the Rush Hour Rewards Program. Incentives will be provided pursuant to the applicable Utility offer and the automatic enrollment of additional Nest Thermostats may not result in additional Incentives.
The Incentives are provided solely by the Utility. Neither Nest nor EnergyHub bear any responsibility for the Incentives. You acknowledge that Nest and EnergyHub are facilitating your ability to earn Incentives, but neither Nest nor EnergyHub are providing you any compensation or other financial benefit, and your permissions to Nest are not contingent on receipt or amount of the Incentives. Neither Nest nor EnergyHub make any promise of a specific Incentive amount. The Program Parties reserve the right to seek further information to verify your eligibility for the Incentives. In addition, the Utility reserves the right to substitute a reward of equivalent value for the Incentive described above at the Utility’s discretion without liability to you.
You can find more details about the Program, including Incentives and dispatch parameters for Rush Hour Rewards events, at the website set forth in the Program Details below.
How To Apply.
You can apply to participate in the Program by visiting the website set forth below in the Program Details. EnergyHub and/or the Utility may accept or reject your application in its/their sole discretion.
Cancellation or Withdrawal.
This Agreement is effective upon your submission of this Agreement and will continue until you, EnergyHub or Nest cancels your participation. You are participating in the Program on a voluntary basis. If you are dissatisfied with the Program, if you no longer wish to grant the authorizations provided herein, or otherwise decide you do not want to participate in the Program, once you enrolled, you may cancel your participation in the Program at any time during the term of the Program by (1) emailing EnergyHub at the email address set forth in the Program Details below, or (2) calling Nest at the phone number set forth in the Program Details below. By withdrawing, you may render yourself ineligible to receive an Incentive, participate in the Program in the future, or participate in other programs offered by the Program Parties. Upon any cancellation, withdrawal or termination, any permissions or releases granted hereunder shall survive cancellation or termination with respect to activities occurring prior to the time of such cancellation or termination.
EnergyHub’s and Nest’s ability to offer the Program is contingent on receiving certain approvals and acceptances from electric utilities and electricity grid governing bodies, including the Utility and other governing bodies as set forth in the Program Details below. If such approvals and acceptances are not obtained or if the Program is declared unlawful, the Program will be terminated, and you may not receive any Incentive. In the event of such termination, Nest or EnergyHub will provide you with notice of such termination.
Termination by the Program Parties.
The Program Parties each reserve the right to terminate this Agreement and not enroll you, or terminate your enrollment, in the Program at any time and without liability upon notice via email to the email associated with your Nest account at the time of your enrollment, if you do not satisfy the eligibility requirements, you violate this Agreement or applicable law, the Utility declares you ineligible, your account with EnergyHub is no longer in good standing, you enroll in a conflicting energy program through EnergyHub or Nest, or any other reason. You acknowledge that you are using Nest’s Rush Hour Rewards Program on a voluntary basis.
Changes in Your Electricity Costs.
The Program Parties are not responsible for any changes in your electricity costs during the Program.
By submitting this Agreement, you agree to the following:
Nest is authorized to remotely inform your Nest Thermostat of the existence of a Rush Hour Rewards event, causing your Nest 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 Thermostat to a different temperature or using the Nest website or mobile application.
The Program Parties are authorized to send you emails and other notifications related to your application for, and enrollment and participation in, the Program, including about your enrollment status and Program-related adjustments to your thermostat settings.
The Program Parties may send you emails and other notifications related to surveys about the Program and to share your responses to such surveys among themselves. Such surveys may include questions about topics such as your experience in the Program and your willingness to participate in future energy saving programs.
EnergyHub and the Utility 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 EnergyHub or the Utility with Nest.
The Program Parties and their respective agents (including the demand response provider) may exchange certain information related to your identity and your energy usage, solely for the purposes of administering the Program.
The Program Parties may share with each other your decision to opt out of Rush Hour Rewards or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in Rush Hour Rewards.
EnergyHub may summarize the results of the Program in publicly available studies, provided that any data or information included in such studies will be aggregated and anonymized such that you cannot be individually identified.
You will participate in the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (http://www.nest.com/legal) and applicable laws and regulations.
By applying for the Program and submitting this Agreement, you represent and warrant that the information you provided for enrollment and as a part of your application is truthful and that you meet the eligibility requirements above, and agree to promptly notify Nest if any changes occur. Any of the Program Parties may cancel or terminate your participation in the Program (or reject your enrollment) if the information you submit as part of your application is not true, if you do not satisfy the eligibility requirements, or for any other reason.
By submitting this Agreement, you agree to comply with and be bound by this Agreement and any other additional Program information provided to you during the Program as well as all applicable local, state, national, and international laws, rules and regulations. Failure to comply with this Agreement may result in your disqualification from the Program. You further agree to comply with and be bound by the decisions of the EnergyHub regarding your eligibility to participate, which are final and binding in all respects. EnergyHub reserves the right in its sole discretion to disqualify you from the Program if: (1) you tamper or attempt to tamper with the operation of the Program; or (2) you violate this Agreement. Any inaccurate or false information provided within the context of the Program by you is a violation of this Agreement and may result in your immediate disqualification from the Program and forfeiture of any Incentive.
This Agreement is governed by the laws of the State of New York. All federal, state and local laws and regulations apply. The Program Parties and their respective affiliates, agents, directors, officers, employees, successors, and assigns are not responsible for any typographical or other error in the printing of the offer or administration of the Program. The Program Parties’ failure to enforce any term of this Agreement shall not constitute a waiver of that provision. As a condition of participating in the Program, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with the Program, shall be resolved individually, without resort to any form of class action. In any such dispute, you hereby waive all rights to claim or be awarded, punitive, incidental or consequential damages, including attorneys' fees, and you further waive all rights to have damages multiplied or increased.
You waive all rights to trial in any action or proceeding instituted in connection with this Agreement and/or the Program. Any controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York and judgment on the arbitration award may be entered into any court having jurisdiction.
THE PROGRAM PARTIES AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCORRECT OR INACCURATE PROGRAM APPLICATION INFORMATION, AND ASSUME NO RESPONSIBILITY FOR (I) ANY CONTENT, SOFTWARE, hardware, thermostats, products or other materials provided, MANUFACTURED, DEVELOPED OR CREATED BY A THIRD PARTY; (II) TYPOGRAPHICAL OR OTHER ERRORS IN THE PRINTING OF THE PROGRAM MATERIALS OR THE OFFERING OR ANNOUNCEMENT OF ANY INCENTIVE, (III) ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE, (IV) FAILURE OF ANY APPLICATION TO BE RECEIVED BY THE PROGRAM PARTIES DUE TO TECHNICAL PROBLEMS, TELEPHONE SERVICE PROBLEMS, PRINTING ERRORS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, (V) COMMUNICATIONS LINE, HARDWARE AND/OR SOFTWARE FAILURES, (VI) DAMAGE TO ANY COMPUTER (SOFTWARE OR HARDWARE) RESULTING FROM PARTICIPATION IN THE PROGRAM, (VII) THEFT OR DESTRUCTION OF, TAMPERING WITH, UNAUTHORIZED ACCESS TO, OR ALTERATION OF APPLICATIONS AND/OR PROGRAM APPLICATION INFORMATION, OR (VIII) APPLICATIONS THAT ARE LATE, LOST, STOLEN, DAMAGED, ILLEGIBLE, AND/OR UNINTELLIGIBLE (OR ANY COMBINATION THEREOF).
LIMITATIONS OF LIABILITY.
YOU ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO HOLD HARMLESS the Program Parties FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES THAT ARISE FROM OR ARE RELATED TO ANY ACT, BREACH, DEFAULT OR OMISSION BY YOU, WHETHER NEGLIGENT OR OTHERWISE, UNDER THIS AGREEMENT OR IN CONNECTION WITH THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS the Program Parties FROM ANY AND ALL LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE OR EXPENSE ARISING OUT OF OR RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR USE OR ACCEPTANCE OF ANY INCENTIVE OTHER THAN FOR: (1) DEATH OR PERSONAL INJURY ARISING DIRECTLY OUT OF OR RESULTING DIRECTLY FROM A PROGRAM PARTY’S NEGLIGENCE OR BREACH OF CONTRACT; OR (2) the Program Parties’ FRAUDULENT MISREPRESENTATION OR WILLFUL MISCONDUCT. The Program Parties HAVE NO LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE INCURRED AS A RESULT OF OR IN CONNECTION WITH A PARTICIPANT'S PARTICIPATION IN THE PROGRAM.
If any provision(s) of this Agreement are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
You agree that (i) the Program Parties have the right to make changes to the Program Details below at any time. The Program Parties will make reasonable efforts to notify you of such changes, and you can review the most current version of the Program Details at any time at the website address set forth in the Program Details below. Your continued participation in the Program constitutes your agreement to the changed Program Details.
This Agreement constitutes the entire agreement between the Program Parties and you relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.
Utility website address: https://www.sawnee.com/content/smart-savers
Reward amount: $36 one-time bill credit per thermostat enrolled, plus up to $36 per thermostat for participating in subsequent program years.
Program Eligibility Requirements: In order to participate in the Program, for the duration of the Program you must: (1) have a residential electric service account with the Utility with an installed, operable Nest Thermostat controlling an air conditioning unit that you own, at your Utility service address; (2) have an 802.11 wireless network at your Utility service address; (3) have an active Nest account linked to your Nest Thermostat; (4) agree to the terms and conditions set forth in this Agreement; (5) assist EnergyHub’s and Nest’s support personnel in troubleshooting and resolving connectivity and other Nest Thermostat-related issues.
The Program application for enrollment is available at the following website address: https://www.nest.com/energy-partners/sawnee
Nest contact information: 855-4MY-NEST.
EnergyHub contact information: firstname.lastname@example.org
Program Period: The Program began April 1, 2016 and will continue until Sawnee EMC or EnergyHub terminates the Program, provided that your participation in the Program may be terminated as specified in these Terms. Your enrollment will auto-renew annually unless and until you withdraw by contacting EnergyHub or Nest. You must apply by June 15, 2018 in order to participate in the 2018 program season.
The Program Terms are available at the following website address: https://nest.com/legal/energy-partner/sawnee