Smart Savings Rewards Program Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY. THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW.
Welcome to the Smart Savings Rewards Program!
About the Program. Participants ("Participants", "Customer" or "you") whose applications to participate in the Program are accepted by ThinkEco Inc. (“ThinkEco”) and the utility named below (“Utility”), and who fully comply with these official terms and conditions (“Terms”) will receive a reward from the Utility in the form set forth below in the “Program Details” paragraph ("Reward"). EnergyHub, ThinkEco and the Utility will be collectively referred to as the “Program Parties” throughout these Terms.
Why should I participate in the Program? If you are accepted to participate in the program named below in the “Program Details” paragraph (the “Program”), the Program will enable Utility to help customers save energy and money while also allowing the Program Parties to evaluate energy savings achieved as a result of the Program.
Binding Agreement. To participate in the Program and in addition to any other requirements described below in the “Program Details” paragraph, Participants must be at least 18 years of age and agree to these Terms. Because these Terms form a legally binding agreement with respect to the Program, please read it carefully. If you do not agree to these Terms, you are not eligible to participate in the Program. Your application for the Program or your written acceptance thereof constitutes your agreement to these Terms. Notwithstanding the foregoing, you will not become a "Participant" in the Program until your application has been accepted and approved by the Program Parties. These Terms become effective upon acceptance and will continue until you or one of the Program Parties cancels or terminates your participation, provided that 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.
Application Consent. By submitting an application and accepting these Terms, you give the Program Parties the following permissions:
- Program Parties and their respective agents may send you emails and other notifications related to your application to participate in the Program;
- Program Parties may share between them any information necessary to confirm your enrollment in the Program and operate the Program; and
- Program Parties may enroll you in the Program.
Participation Consent. Participant authorizes:
- The Program Parties to automatically adjust your smartAC thermostat, as required by the Program at times indicated by Utility (as described below) or for general system testing purposes;
- Program Parties and their respective agents to send you emails, text/SMS and other notifications related to the Program, including about your enrollment status and Program-related adjustments to your smartAC kit settings;
- Program Parties to send you emails, text/SMS messages and other notifications related to surveys about the Program and to share your responses to such surveys between 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;
- Program Parties to collect your energy usage information and review and analyze such usage information and electric bill information for purposes of fulfilling their obligations under the Program and applicable law, improving the Program and as otherwise permitted by applicable law, and to exchange conclusions with each other and publish results based on those conclusions, provided that the Program Parties treat all such data in accordance with their respective privacy policies;
- Program Parties and their respective agents to exchange data related to your identity and your service account status with Utility, solely for the purposes of fulfilling their obligations under the Program; and
- EnergyHub and Utility to summarize the results of the Program in publicly-available studies, provided that any data included in such studies will be anonymized such that you are not individually identifiable.
- ThinkEco to verify the validity and active status of your credit card by charging, and crediting within seven (7) days, approximately $1.00 to the applicable card.
Eligibility Requirements. Potential Participants who meet the following criteria may apply to participate in the Program:
How To Apply. The Program application is available at the website address set forth below in the “Program Details” paragraph. The Program Parties may accept or reject a potential Participant's application in their sole discretion without any liability to Participant.
Participation Requirements. Participant agrees, for the duration of the Program and at Participant’s sole expense, to:
- Maintain the connection between your enrolled smartAC kit(s) and the Service;
- Maintain an active electric account with Utility for the Service address;
- Maintain (i.e., always on) internet service; and
- Assist Service support personnel in troubleshooting and resolving connectivity and other thermostat-related issues.
Reward. Participants are eligible to earn the Enrollment Reward and the Participation Incentive described below in the “Program Details” paragraph. The amounts of the Enrollment Reward and the Participation Incentive is determined solely by Utility. Neither EnergyHub nor ThinkEco bear any responsibility for determining the amount of the Enrollment Reward or the Participation Incentive. You acknowledge that EnergyHub is providing the Enrollment Reward on behalf of the Utility, but EnergyHub is not providing you any compensation or other financial benefit, and the enforceability of these Terms is not dependent upon your receipt of the Enrollment Reward or the Participation Incentive, or the amount of either the Enrollment Reward or the Participation Incentive. The Participation Incentive is provided solely by Utility. Program Parties reserve the right to seek further information to verify your eligibility to receive the Enrollment Reward or the Participation Incentive and to substitute a reward of equivalent value at Utility's sole discretion without liability to Participant.
How To Withdraw. You are participating in the Program on a voluntary basis. If you are dissatisfied with the Program, or if you no longer wish to grant the authorizations provided herein, you may withdraw from the Program at any time by contacting ThinkEco at the phone number set forth below in the “Program Details” paragraph. Withdrawing will not affect the other services provided to you by Utility. By withdrawing, you may render yourself ineligible to receive a Reward or other compensation, participate in the Program in the future, or participate in other programs offered by the Program Parties.
Information. By applying for the Program and accepting these Terms, you represent and warrant that the information you provided for enrollment and as a part of Participant’s service account is truthful and that you meet the eligibility requirements above, and agree to promptly notify EnergyHub if changes occur. 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. Participant agrees that information about Participant's service account, Service usage, and devices connected to Participant's service account, as well as information Participant provides while applying for the Program or that is related to the Program may be shared with other third-party entities necessary for purposes of ensuring compliance with Program objectives and analyzing data.
Program Termination Due to Third-Party Approvals. EnergyHub's and/or ThinkEco’s ability to offer the Program is contingent upon certain approvals and acceptances from the Utility. Should EnergyHub fail to obtain such approvals and acceptances, the Program will be terminated, and Participants may not receive any Reward or other compensation.
Participant Termination by Program Parties. The Program Parties reserve the right to terminate your participation in the Program at any time and without liability to Participant upon notice via email to the email address registered with ThinkEco or that you use to apply for the Program if you violate these Terms or applicable law, the Utility declares you ineligible or if your account with Utility is closed. If you enroll in a conflicting energy program through the Utility, ThinkEco may terminate your participation in the Program without liability and without notice to you.
Energy Consumption. The Program Parties are not responsible for any changes to your electricity costs incurred by you during or related to the Program.
Program Period. The Program will run for the period set forth below in the “Program Details” paragraph. You may be automatically re-enrolled in subsequent Program Periods at the Program Parties discretion, subject to the then-current Terms for the Program.
Adjustment Details. During Program events, ThinkEco’s servers will automatically inform your smartAC thermostat of the existence of a demand response event, which may cause the smartAC thermostat to change the temperature set-point for the room air conditioner in your home on that day. At any time that you desire, you may override this temperature set-point simply by changing the temperature on your thermostat remote or through components of the Service, such as the web portal and smartphone applications. Events are triggered based on a variety of factors and you may not receive all possible events or any particular event. Any such adjustment will occur without any manual intervention by you. You generally will be notified of an event; however, in an emergency, Utility may deploy an event without notice if deemed necessary to prevent outages. Again, at any time that you desire, you may override this temperature set-point. If you decide to opt out of an event you will lose your eligibility for the incentives associated with that particular event, as described below.
Governing Law. This Program is governed by the laws of New York. All federal, state and local laws and regulations apply. As a condition of participating in the Program, unless otherwise prohibited by law, applicants and Participants agree that any and all disputes that 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. Further, in any such dispute, under no circumstances will a Participant be permitted to obtain awards for, and each Participant hereby waives all rights to claim, punitive, incidental or consequential damages, including attorneys' fees, and Participant further waives all rights to have damages multiplied or increased.
No Recourse to Judicial or Other Procedures. To the fullest extent permitted by law, the rights to litigate, to seek injunctive relief, or to any other recourse to judicial remedy or any other procedure in case of disputes or claims resulting from or in connection with the Program are hereby excluded, and you expressly waive any and all such rights. Note, such waiver is not enforceable in all jurisdictions.
DISCLAIMER: THE PROGRAM PARTIES 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 REWARD, (III) ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE, (IV) FAILURE OF ANY APPLICATION TO BE RECEIVED BY THINKECO 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: PARTICIPANTS 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 AND THEIR RESPECTIVE AFFILIATES, AGENTS AND REPRESENTATIVES AT ALL TIMES FROM AND AGAINST ANY 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 THESE TERMS OR IN CONNECTION WITH THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS ENERGYHUB AND UTILITY, THEIR AFFILIATES AND THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS 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 REWARD OTHER THAN FOR: (1) DEATH OR PERSONAL INJURY ARISING DIRECTLY OUT OF OR RESULTING DIRECTLY FROM UTILITY’S OR ENERGYHUB’S NEGLIGENCE OR BREACH OF CONTRACT; OR (2) UTILITY’S OR ENERGYHUB’S FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. ENERGYHUB AND UTILITY 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.
smartAC Kit Additional Terms
- Each smartAC Kit provided to you will contain a modletⓇ (smart plug) to be installed on an AC unit and a smartAC thermostat, which together will connect to your home Wi-Fi network. After you install the smartAC Kits, you will be able to control and monitor your AC unit(s) using the internet and your computer or smart phone (iPhone or Android).
- You agree that you will exercise the same reasonable care over the smartAC Kit that you exercise over equipment that you own, and you will not purposefully damage or alter any of the smartAC Kit equipment provided to you.
- You will install the modletsⓇ you receive on an AC unit that you regularly use to cool your home and allow your smartAC Kit to be connected to the internet through your Wi-Fi system. Online and phone assistance will be provided to you to help you with your installation, at no cost, by ThinkEco, a company under contract with EnergyHub to provide this hardware, as well as customer service and other program administration services during the Program.
- If the smartAC Kit is not working (as indicated by your user account information), you may be contacted by ThinkEco (by phone, email, or other means) to have your equipment repaired or replaced. If you have a problem with any part of the smartAC Kit, you will promptly notify ThinkEco at 800-682-9819.
- If you have any questions about the Smart Savings Rewards program or the operation of any of the equipment, you will call ThinkEco customer service at 800-682-9819 or send an email to firstname.lastname@example.org.
- If at any time you decide to not participate in the Smart Savings Rewards program, or if you plan to move from the address where the smartAC Kit is installed during the Program period, you will contact ThinkEco customer service at 800-682-9819 to arrange to return the smartAC Kit equipment in good working condition.
- You understand that the confirmation of whether your smartAC Kit is communicating energy data is in the sole discretion of ThinkEco.
- If you do not set up the smartAC Kit or participate in the Program, you must return the smartAC Kit to ThinkEco within thirty-one (31) days of receipt (10 days after the set-up period). If you do not set-up your smartAC Kit within twenty-one (21) days of receipt, ThinkEco will send you a notice, via email, to remind you of your obligation to set-up or return the smartAC Kit. If within ten (10) days of ThinkEco’s emailing this notice (as reflected in its email records), you have not either (a) set-up your smartAC Kit; or (b) returned it to ThinkEco in good condition and working order, then the credit card that you provided during the enrollment process will be charged $96 per Kit. To return your smartAC Kit, you may use the return label that was included with your smartAC Kit shipment or contact ThinkEco customer service at 800-682-9819 to arrange to receive a return label for free shipment.
- Once you set up the smartAC Kit and participate in the Program, you will be able to keep the smartAC Kit(s) at no additional cost.
- At the completion of each season of the Smart Savings Rewards program, you will receive a follow-up survey to help ThinkEco gauge the program’s success and you agree to answer all questions accurately to the best of your ability.
Other Terms and Conditions.
- The Program Parties are not responsible for any typographical or other error in the printing of the offer or administration of the Program.
- The Program Parties are not responsible for the policies, actions, or inactions of others that might prevent the Participant from entering, participating, and/or claiming a prize or Reward in the Program.
- The Program Parties failure to enforce any term of these Terms shall not constitute a waiver of that provision or any other provision of these Terms.
- If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- You agree that the Program Parties has the right to make changes to these Terms 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 Terms at any time at the website address set forth below in the “Program Details” paragraph. Your continued participation in the Program constitutes your agreement to the changed Terms.
- These Terms constitute the entire agreement between the Program Parties and a Participant relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings with respect to such subject matter with the exception of the ThinkEco smartAC kit warranty included in your shipment.
- Program Name: Smart Savings Rewards
- Utility: the electric service provider with whom you hold an account, either NYSEG (http://www.nyseg.com/demandresponse) or RG&E (http://www.rge.com/demandresponse).
- Enrollment Award: A $20 Amazon™ e-gift card will be sent four (4) to six (6) weeks after you set up your equipment. The smartAC Kit must be successfully communicating with your Wi-Fi network and ThinkEco’s servers. The e-gift card will be sent to the email address you provided. We assume no responsibility for non-delivery if you change your email address from the one you provided when enrolling in the program.
- Participation Incentive: You can be asked to participate in up to fifteen (15) Temperature Adjustment Events during the Program Period. If all of your smartAC Kits are online and participate in an event, then you will receive a $5 credit on your electric bill. At any time that you desire, you may override the adjusted temperature set-point. If you decide to do so, you will not be eligible for the $5 credit described above. Events are called between May 1 and September 30. Event participation will be determined solely by ThinkEco and will be based on ThinkEco’s system for determining product registration and connectivity.
- Additional eligibility terms: Must be a residential or small-medium business electric customer of the Utility. Hourly Pricing customers are not eligible to participate in the Program.
- The Program application for enrollment for NYSEG and RG&E customers is available at the following website address: https://www.smartsavingsroomac.com/.
- Withdrawal email address: email@example.com.
- Withdrawal Phone Number: 800-682-9819
- Program Period: The Program will run from May 17, 2017 through, and including December 31, 2019. Your enrollment in the Program will begin when you are accepted and will auto-renew every calendar year unless and until you withdraw as described above.
- The Program Terms are available at the following website addresses: https://www.smartsavingsroomac.com/.
- Additional Program Information: The Program is operated in accordance with the Utility-approved tariffs and additional information is available on the applicable Utility’s website.