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SoCalGas

CUSTOMER AGREEMENT FOR SOUTHERN CALIFORNIA GAS’ SMART THERM PROGRAM ADMINISTERED THROUGH NEST’S RUSH HOUR REWARDS PROGRAM

Updated January 8th, 2019. For users that enrolled prior to January 8th, 2019, please click here if you would like a copy of the previous Nest Rush Hour Rewards Agreement for Southern California Gas 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 Southern California Gas Company (SoCalGas®) (the “Utility”) program for residential customers called the Smart Therm Program (the “Utility Program”) using your Nest thermostat. The Utility Program is managed by EnergyHub, Inc. (“EnergyHub”), a third-party provider of demand response programs, under contract with the Utility. 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.

Your agreement to these terms (“Agreement”) gives Nest, EnergyHub, and the Utility permission to access and use your energy usage information, to enable the Rush Hour Rewards Program and for EnergyHub and the Utility to enroll you in the Utility Program, pursuant to the terms and conditions below. Any additional Nest thermostats installed at your Utility service address will be automatically enrolled in the Rush Hour Rewards Program.

Nest’s administration of the Rush Hour Rewards Program is subject to the Nest Terms of Service, privacy policies, and other policies on Nest’s website (nest.com/legal), and applicable laws and regulations.

Eligibility Requirements

The Rush Hour Rewards Program is available to residential customers of the Utility who meet certain eligibility requirements. In order to participate, you must: (1) be a Utility residential service account holder; (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; and (5) agree to the terms and conditions set forth at https://mercury.energyhub.net/t/terms/socalgas/nest-socalgas.html (the “EnergyHub Terms and Conditions”).

In addition, if the Rush Hour Rewards Program is offered 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 natural gas furnace at your Utility service address.

Incentive(s)

Utility account holders may be eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in the Utility 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 bears any responsibility for the Incentives. You acknowledge that Nest and EnergyHub are facilitating your ability to earn Incentives, but Nest and EnergyHub are not providing you any compensation or other financial benefit, and your permissions to Nest and EnergyHub are not contingent on receipt or amount of the Incentives. Neither Nest nor EnergyHub makes any promise of any specific Incentive amount. The Utility reserves the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

Nest may share certain information (including, but not limited to, your name, email address, service address, Utility account number, Nest thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with the Utility and EnergyHub, and/or each of their third party contractors or agents to verify that you are eligible to participate in the Rush Hour Rewards 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 EnergyHub and the Utility 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 Utility Program.

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

You agree to the EnergyHub Terms and Conditions (available at https://mercury.energyhub.net/t/terms/socalgas/nest-socalgas.html).

You release and hold harmless Nest, EnergyHub, and the Utility 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.

For Customers enrolled prior to January 8, 2019: CUSTOMER AGREEMENT FOR SOCALGAS RUSH HOUR REWARDS PROGRAM ADMINISTERED THROUGH NEST’S RUSH HOUR REWARDS PROGRAM

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 SoCalGas (“SoCalGas”) called “SoCalGas Rush Hour Rewards” 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 SoCalGas 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.

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 SoCalGas to enroll you in SoCalGas Rush Hour Rewards, pursuant to the terms and conditions below. Any additional Nest thermostats installed at your SoCalGas 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 (nest.com/legal) and applicable laws and regulations.

Eligibility Requirements

The Rush Hour Rewards Program is available to SoCalGas residential gas customers who meet certain eligibility requirements. In order to participate,you must: (1) be a SoCalGas residential gas service account holder; (2) have an 802.11 wireless network at the SoCalGas service address; (3) have an active Nest account linked to your Nest thermostat; (4) have an installed, operable Nest thermostat controlling a heating system at your SoCalGas service address; and (5) agree to the terms and conditions set forth in this Agreement.

Incentive(s)

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

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

Agreement

By submitting this Agreement, you agree that:

SoCalGas 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 SoCalGas with Nest.

Nest may share certain information (including, but not limited to, your name, email address, service address, SoCalGas account number, Nest thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with SoCalGas and/or its third party contractors and/or agents to verify that you are eligible to participate in the Rush Hour Rewards Program, to implement the Rush Hour Rewards Program (including the provision of Incentives), and to evaluate the comprehensive energy impact of the Nest products and/or services. In addition, Nest may share with SoCalGas your decision to opt out of SoCalGas Rush Hour Rewards or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in SoCalGas Rush Hour Rewards.

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

You release and hold harmless Nest and SoCalGas 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.