Legal Items

United CS

Summer Rush Hour Rewards PROGRAM Agreement for United Members

Thank you for your interest in the Summer Rush Hour Rewards Program, a service offered by Nest Labs, Inc. (“Nest”).

Nest’s Summer Rush Hour Rewards Program allows you to participate in a program for residential customers offered by United Electric Cooperative Services, Inc. (“United”) called “Rush Hour Rewards” using your Nest Learning Thermostat. As part of the Summer Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest Learning Thermostat of the existence of a United Rush Hour Rewards event, causing the Nest Learning 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 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 Summer Rush Hour Rewards Program and for United to enroll you in Rush Hour Rewards, pursuant to the terms and conditions below. Any additional Nest Learning Thermostats installed at your United service address will be automatically enrolled in Rush Hour Rewards.

Nest will administer the Summer 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.

Eligibility Requirements

The Summer Rush Hour Rewards Program is available to United residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a United residential electric service account holder in good standing with an installed, operable Nest Learning Thermostat controlling an air conditioning unit at the service address of the United account; (2) have an 802.11 wireless network at the United service address; (3) have an active Nest account linked to your Nest Learning Thermostat; and (4) agree to the terms and conditions set forth in this Agreement.

Incentive(s)

United 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 United offer.

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

Agreement

By submitting this Agreement, you agree that:

United 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 United with Nest.

Nest may share certain information (including, but not limited to, your name, email address, service address, United account number, Nest Learning Thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with United to verify that you are eligible to participate in the Summer Rush Hour Rewards Program and to evaluate the comprehensive energy impact of the Nest Learning Thermostat. In addition, Nest may share with United 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.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or United may terminate this Agreement and not enroll you, or terminate your enrollment, in the Summer 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 Summer Rush Hour Rewards Program on a voluntary basis.

You agree to participate in the Summer 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 release and hold harmless Nest and United from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Summer Rush Hour Rewards Program.

This Agreement is effective upon your submitting this Agreement and will continue until you, United, or Nest cancels your participation. You may cancel participation at any time during the program by calling Nest at (855) 469-6378.