Rush Hour Rewards Program Agreement for Texas 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 implemented by EnergyHub, Inc. (“EnergyHub”) and offered by a Participating Utility identified below (each, a “Participating Utility Program”) or the Electric Reliability Council of Texas (“ERCOT”) Emergency Response Service Weather Sensitive Load program (“Market Program”) using your Nest Thermostat. If you are eligible to enroll in the Rush Hour Rewards Program, EnergyHub will enroll you in the applicable Participating Utility Program or the Market Program in its sole discretion.
“Participating Utility” means one of the following:
- AEP Texas
- CenterPoint Energy, Inc.
- Oncor Electric Delivery Company
- Texas New Mexico Power Company
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 permission to access and use your energy usage and billing information, to enable and enroll you in the Rush Hour Rewards Program, pursuant to the terms and conditions below. Any additional Nest Thermostats installed at your 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.
The Rush Hour Rewards Program is available to Texas residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) have an installed, operable Nest Thermostat controlling an air conditioning unit at a service address located within the Market Program service territory or the Participating Utility service territory, as applicable (“Eligible Service Address”); (2) have an 802.11 wireless network at your Eligible Service Address; (3) have an active Nest account linked to your Nest Thermostat, which is installed at your Eligible Service Address; (4) agree to the terms and conditions set forth in this Agreement; and (5) complete your application for the Rush Hour Rewards Program before 11:59:59 PM Central Time on August 19, 2018. EnergyHub may accept or reject your application in its sole discretion. You 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.
By enrolling in the Rush Hour Rewards Program, you may be eligible to be entered into the “EnergyHub Win Free Electricity for a Year Promotion” (the “Promotion”) subject to the Official Rules available at https://enrollmythermostat.com/terms/rules-nest-ercot.html (the “Promotion Rules”). If you are eligible to be entered into the Promotion, following your enrollment in the Rush Hour Rewards Program and completion of your first Full Event (as defined in the Promotion Rules), EnergyHub will enter you into the Promotion.
The Promotion is provided solely by EnergyHub. Nest bears no responsibility for the Promotion. You acknowledge that Nest is facilitating your ability to enter into the Promotion, but Nest is not providing you any compensation or other financial benefit, and your permissions to Nest are not contingent on EnergyHub entering you into the Promotion. Nest makes no promise that you will be entered into the Promotion by EnergyHub. EnergyHub reserves the right to seek further information to verify your eligibility for entry into the Promotion.
Cancellation or Withdrawal.
This Agreement is effective upon your submission of this Agreement and will continue until you, EnergyHub or Nest cancels your participation. Once enrolled (as confirmed by EnergyHub), you may cancel your participation in the Rush Hour Rewards Program at any time by emailing EnergyHub at email@example.com or calling Nest at (855) 469-6378. By cancelling your participation in the Rush Hour Rewards Program, you may render yourself ineligible to be entered into the Promotion by EnergyHub, participate in the Rush Hour Rewards Program in the future, or participate in other programs offered by EnergyHub or Nest.
Termination by Energy or Nest.
EnergyHub and Nest each reserve the right to terminate this Agreement and not enroll you, or terminate your enrollment, in the Rush Hour Rewards Program at any time and without liability upon notice via email if you do not satisfy the eligibility requirements, you violate this Agreement or applicable law, or any other reason. You acknowledge that you are using Nest’s Rush Hour Rewards Program on a voluntary basis.
By submitting this Agreement, you agree to the following:
- EnergyHub, Nest, the applicable Participating Utility, and their respective agents, may share certain information (including, but not limited to, your name, email address, service address, event participation data, Nest Thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) to verify that you are eligible to participate in the Rush Hour Rewards Program, to determine your eligibility for Promotion entries, and to evaluate the comprehensive energy impact of the Nest Thermostat.
- EnergyHub, Nest, Utilities and their respective agents may exchange certain information related to your identity and your energy usage, solely for the purposes of administering the Program.
- Nest or EnergyHub may share with each other 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 Rush Hour Rewards.
- EnergyHub or the Participating Utilities may summarize the results of the Rush Hour Rewards 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 represent and warrant that (i) the information you provide while applying for and during the course of the Rush Hour Rewards Program is accurate and you agree to promptly notify EnergyHub if any changes occur; and (ii) you meet the minimum eligibility requirements.
By submitting this Agreement, you agree to comply with and be bound by this Agreement, the Nest Terms of Service, privacy policies and other policies on Nest’s website (http://www.nest.com/legal), other additional Rush Hour Rewards Program information provided to you, and applicable laws and regulations.
This Agreement is governed by the laws of the State of California. All federal, state and local laws and regulations apply. EnergyHub, Nest, 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 Rush Hour Rewards Program. EnergyHub’s or Nest’s failure to enforce any term of this Agreement shall not constitute a waiver of that provision. As a condition of participating in the Rush Hour Rewards 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 Rush Hour Rewards Program, shall be resolved individually, without resort to any form of class action.
Participants 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 California and judgment on the arbitration award may be entered into any court having jurisdiction.
ENERGYHUB, NEST, AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCORRECT OR INACCURATE RUSH HOUR REWARDS PROGRAM APPLICATION INFORMATION, AND ASSUME NO RESPONSIBILITY FOR (I) TYPOGRAPHICAL OR OTHER ERRORS IN THE PRINTING OF THE RUSH HOUR REWARDS PROGRAM MATERIALS OR THE OFFERING OR ANNOUNCEMENT OF ANY INCENTIVE PROMOTION, (II) ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE, (III) FAILURE OF ANY APPLICATION TO BE RECEIVED BY ENERGYHUB DUE TO TECHNICAL PROBLEMS, TELEPHONE SERVICE PROBLEMS, PRINTING ERRORS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, (IV) COMMUNICATIONS LINE, HARDWARE AND/OR SOFTWARE FAILURES, OR (V) DAMAGE TO ANY COMPUTER (SOFTWARE OR HARDWARE) RESULTING FROM PARTICIPATION IN THE RUSH HOUR REWARDS PROGRAM.
LIMITATIONS OF LIABILITY.
YOU ASSUME ALL RISK OF PARTICIPATION IN THE RUSH HOUR REWARDS PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD ENERGYHUB, NEST, AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES OR INJURY RESULTING FROM YOUR PARTICIPATION IN THE RUSH HOUR REWARDS PROGRAM. YOU ACKNOWLEDGE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ENERGYHUB NOR NEST WILL HAVE ANY LIABILITY ARISING UNDER OR RELATING TO THIS AGREEMENT FOR ANY punitive, incidental or consequential damages OF ANY NATURE.
Texas Consumer Protection Disclosures and Provisions.
The following disclosures are made and provisions are included in accordance with Public Utility Commission of Texas Substantive Rule §25.181, subsection (u) (the “Rule”).
(A) You have the right to a cooling-off period of three business days, in which this Agreement may be canceled. Additionally, you may opt out of the program at any time by emailing EnergyHub at firstname.lastname@example.org or calling Nest at (855) 469-6378;
(B) EnergyHub is the energy efficiency services provider for purposes of the Rule. Its street address is: 232 3rd Street, Suite C201, Brooklyn, NY 11215, and its telephone number is (718) 522-7051; no subcontractors will be performing any services at your home or business on behalf of EnergyHub in connection with the Rush Hour Rewards Program;
(C) Incentives are made available to EnergyHub programs funded by a Participating Utility or through the bidding of your load reduction in the ERCOT Emergency Response Service Weather-Sensitive Loads (ERS WSL) program; the amount of the incentive provided by these programs to EnergyHub varies between approximately $12/kW and $40/kW;
(D) The Incentives that will be provided to you will consist of the chance to enter into the sweepstakes described in this Agreement. Enrollement in the Rush Hour Rewards Program is not a condition for entering the sweepstakes. You may also enter the sweepstakes by submitting an entry by mail (a maximum of 8 entries is permitted) as described in more detail in the Promotion Rules.;
(E) EnergyHub does not measure or report to any Participating Utility the energy and peak demand savings from the energy efficiency measures associated with the Rush Hour Rewards Program;
(F) EnergyHub does not carry liability insurance to cover property damage to your property because EnergyHub will not enter onto your property as a part of the Rush Hour Rewards Program, and will not otherwise install anything onto your property;
(G) No payment will be due to you from EnergyHub, or from you to EnergyHub in connection with the services described in this Agreement; this Agreement does not constitute an installment sales agreement;
(H) EnergyHub is not part of or endorsed by the Public Utility Commission of Texas or the Utility; and
(I) If you wish to file a complaint, please contact your applicable Participating Utility, or contact EnergyHub and we will assist you in contacting your applicable Participating Utility; you may also contact the Office of Customer Protection of the Public Utility Commission of Texas (1-888-782-8477) or the Office of Attorney General’s Consumer Protection Hotline (1-800-621-0508).
We further inform you of the following, and you agree that:
(A) Given the nature and scope of the Rush Hour Rewards Program, there are no relevant work activities, completion dates, and terms and conditions that protect residential customers in the event of non-performance by EnergyHub;
(B) Waiver of consumer protection statutes, performance warranties, and false claims of energy savings and reductions in energy costs are prohibited;
(C) Your consumption data may be disclosed by your applicable Participating Utility to its contractors or agents for evaluation purposes; and
(D) If you wish to file a complaint to address performance issues by EnergyHub, please contact EnergyHub at email@example.com, (718) 522-7051, or 232 3rd Street, Suite C201, Brooklyn, NY 11215.
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.
This Agreement together the Nest Terms of Service, privacy policies and other policies on Nest’s website (http://www.nest.com/legal), constitutes the entire agreement between EnergyHub, Nest and you relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.