Xcel Energy

Agreement

By submitting your application you agree that:

Your participation in the Xcel Energy Smart Thermostat Rebate Program is subject to Xcel Energy’s Rebate Terms & Conditions which are available at: http://www.xcelenergy.com/.

Nest Labs, Inc. (“Nest”) may share the information provided by you in your application (including, but not limited to, your name, email address, service address, Xcel Energy account number, Nest Learning Thermostat serial number, date application completed) with Xcel Energy for Xcel Energy to verify that you are eligible for the rebate payment and to process your application.

The rebate payment is provided solely by Xcel Energy. Nest bears no responsibility for the rebate payment. You acknowledge that 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 rebate payments. Nest makes no promise of any specific rebate amount.

The information you have provided as part of your application is truthful and you meet the minimum eligibility requirements. Xcel Energy reserves the right to refuse payment if you are not truthful in the information you submit as part of this application or if you do not satisfy eligibility requirements.

Nest is providing this Rebate Redemption Tool in accordance with, and your use of the Rebate Redemption Tool is subject to, 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 from any liability, claim, demand, cause of action, damage or expense resulting from your use of the Rebate Redemption Tool or participation in the Xcel Energy Smart Thermostat Rebate Program.