[YOU MUST BE AN EXISTING USER OF THE ENERGYHUB SERVICE TO ENTER THIS PROGRAM AGREEMENT WITH ENERGYHUB.] PLEASE READ THESE TERMS CAREFULLY. THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW.
Welcome to the APS Smart Thermostat Program!
About the Program. Participants ("Participants", "Customer" or "you") whose applications to participate in the Program defined below are accepted by EnergyHub, Inc. ("EnergyHub") and who fully comply with these official terms and conditions (“Terms”) will receive a reward from the utility named below (“Utility”) in the form set forth below in the “Program Details” paragraph ("Reward").
Why should I participate in the Program? If EnergyHub allows you 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 Utility and EnergyHub 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 EnergyHub. These Terms become effective upon acceptance and will continue until you, EnergyHub or Utility 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 EnergyHub and Utility the following permissions:
Participation Consent. Participant authorizes:
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. EnergyHub and/or Utility 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:
Reward. Participants are eligible to earn the Reward described set forth below in the “Program Details” paragraph. The Reward is provided solely by Utility. EnergyHub bears no responsibility for the payment. You acknowledge that EnergyHub is facilitating your ability to claim this payment, 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 Reward or the amount of the Reward. Utility reserves the right to seek further information to verify your eligibility to receive the Reward and to substitute a reward of equivalent value for the Reward described above at EnergyHub'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 emailing the EnergyHub at the email address set forth below in the “Program Details” paragraph. Withdrawing will not affect the other services provided to you by EnergyHub or 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 EnergyHub or Utility.
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. EnergyHub or Utility 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 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 EnergyHub. EnergyHub reserves 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 EnergyHub 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 EnergyHub is no longer in good standing. If you enroll in a conflicting energy program through EnergyHub or Utility, EnergyHub may terminate your participation in the Program without liability and without notice to you.
Energy Consumption. Neither EnergyHub nor Utility is 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 EnergyHub’s discretion, subject to the then-current Terms for the Program.
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: UTILITY AND/OR ENERGYHUB 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 ENERGYHUB 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 ENERGYHUB, UTILITY 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.
Other Terms and Conditions.