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.
Binding Agreement. You acknowledge and agree that this agreement is between you and EnergyHub. To participate in the Program (defined below), Participants must be at least 18 years of age and agree to these official terms and conditions ("Terms"). Because these Terms form a legally binding agreement with respect to the Program, please read them carefully. If you do not agree to the Terms, you are not eligible to participate in the Program. Your application for the Program and your electronic acceptance thereof constitutes your agreement to be bound by these Terms. Notwithstanding the foregoing, you will not become a Participant in the Program until your application has been accepted and approved by Sponsor. You are entering this Program on a voluntary basis.
About the Smart Energy Program ("Program"). Customers whose applications to participate in the Program are accepted by Sponsor ("Participants", "you", and "your") and who fully comply with these Terms may receive a reward, as described below ("Reward").
Sponsor. The Program is provided by EnergyHub, Inc., 41 Flatbush Avenue, Suite 400A, Brooklyn, NY 11217, a Delaware corporation ("Sponsor" or "EnergyHub"). Sponsor is a subsidiary of Alarm.com Incorporated (“Alarm.com”).
Other Definitions. In the context of these Terms,
Application Consent. Customers of Program Parties who submit applications to participate in the Program ("Applicants") authorize:
Participation Consent. Participants authorize:
Reward. Participants enrolled in the Program are eligible for bill credits for their participation in the Program. Customers enrolled during the summer months will earn a daily capacity payment of $0.3275 from June 1 through September 30 of each year. If a customer enrolls in the Program after June 1 or disenrolls prior to September 30, the payment will be prorated, based on the summer season days during which customer was actively enrolled in the Program. For more information on the Program, please visit https://pages.email.sce.com/SCESmartBonus/ and https://www.sce.com/tnc/smart-energy-program-terms-and-conditions. Because a number of factors determine how your home uses electricity, Sponsor cannot promise that your participation in the Program will result in Bill Credits. Sponsor may also be compensated by Utility for your participation in the Program.
The Program Sign-Up Bonus. SCE offers a one-time sign-up bonus of $75 to customers who enroll in the Program (the “Enrollment Bonus”). The Enrollment Bonus is provided to Participants, in the form of a bill credit, following successful enrollment. To qualify for the Enrollment Bonus, the following conditions apply:
Energy Events. An “Energy Event” is a call for electricity demand reduction issued by SCE. Energy Events will be declared by SCE 20 minutes prior to the start of an energy event. You may monitor SCE’s declaration of Energy Events for the Smart Energy Program at https://www.sce.openadr.com/dr.website/scepr-event-status-resi.jsf by looking under SCE’s program name, Smart Energy Program.
The Participation Bill Credit and Enrollment Bonus are provided solely by SCE. EnergyHub bears no responsibility for any Bill Credits, Enrollment Bonus, or other incentives or rebates. You acknowledge that EnergyHub is facilitating your ability to earn the Bill Credits and Enrollment Bonus, but EnergyHub is not providing you any compensation or other financial benefit, and your permissions to EnergyHub are not contingent on receipt or amount of the incentives or rebates. EnergyHub makes no promise of any incentive or rebate amount – your Bill Credit amount will depend on your enrollment in the Program.
How To Apply. Eligible Participants can apply to participate in the Program by visiting https://my.radiothermostat.com/rtcoa/enroll/sce. Sponsor may accept or reject an Applicant's application in its sole discretion. All entries become the property of Sponsor.
How To Withdraw. Once confirmed as a Participant, Participants can withdraw from the Program by emailing email@example.com or contacting SCE directly at (800) 655-4555. Withdrawing will not affect the other services provided by Sponsor to you. By withdrawing, you may render yourself ineligible to receive a Reward or other compensation from Sponsor, participate in the Program in the future, or participate in other programs offered by Sponsor.
Program Termination. Sponsor's ability to offer the Program is contingent on receiving certain approvals and acceptances from electric utilities and electricity grid governing bodies, including the applicable Utility. Should Sponsor fail to obtain such approvals and acceptances or if the Program is declared unlawful, the Program will be terminated, and Participants may not receive any Reward or other compensation. In the event of such termination, Sponsor will provide notice posted of such termination at www.energyhub.com.
Participant Termination by Sponsor. Sponsor 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, the Official Rules applicable to a Reward, applicable law, your Utility declares you ineligible, if your account with EnergyHub is no longer in good standing, or for any other reason. If you enroll in a conflicting energy program through EnergyHub or Utility, Sponsor may terminate your participation in the Program without liability and without notice.
Changes in Your Electricity Costs. Sponsor is not responsible for any changes in your electricity costs during the Program.
System Testing. In addition to the specific periods listed below, Sponsor may adjust your thermostat at any time for general system testing and maintenance. You will not receive a Reward or any other compensation for such adjustments.
Eligibility. Potential Participants who meet the following criteria may apply to participate in the Program:
Program Period. The Program will run throughout the year. You will be automatically re-enrolled annually at the Sponsor's discretion or unless you terminate your participation, subject to the then-current Terms for the Program.
Participation Requirements. Participant agrees during the duration of the Program to:
Adjustment Window. Participant's enrolled thermostat(s) may be adjusted:
Adjustment Frequency. Historically, there have been approximately 12 Energy Events per year under the Program. The total number of hours that can be called in a calendar year is 180 hours. However, there is no limit to the number of Energy Events per year or the number of adjustments. Notwithstanding the foregoing, there is no limit to the adjustments for system testing, as described above.
Adjustment Details. Participant agrees to allow Sponsor to control his or her thermostat to reduce demand during the Program Period by increasing the current setpoint or scheduled target temperature setpoint by up to 4 °F to temporarily reduce normal operating patterns in order to reduce electrical demand. The change is measured relative to the setpoint of your thermostat at the beginning of an adjustment period and the setpoint defined by the programmed thermostat schedule as set with the Service. Your thermostat may be adjusted even if the thermostat is in hold mode at the start of an event.
Opting Out of an Adjustment. Participant may opt out of an adjustment at any time from your thermostat or through components of the Service, such as the web portal and smartphone applications. However, at Utility’s discretion, you may be removed from Program for overriding all energy events dispatched in a calendar year, when such overrides consistently occur within the first hour of events.
Other Terms and Conditions.
Information. Participant represents and warrants that the information Participant provides while applying for and during the course of the Program is accurate and agrees to promptly notify Sponsor if any changes occur.
Conduct. By applying for the Program, Participant agrees to comply with and be bound by the Terms, any Official Rules applicable to a Reward and any other additional Program information provided to you during the Program. Failure to comply with these Terms may result in your disqualification from the Program. You further agree to comply with and be bound by the decisions of the Sponsor regarding your eligibility to participate, which are final and binding in all respects. Sponsor reserves the right in its sole discretion to disqualify any Participant it finds to be: (1) tampering or attempting to tamper with the operation of the Program; or (2) violating the Terms, conditions of use, or Terms of any of Program Parties' property or service. Any false information provided within the context of the Program by any Participant is a violation of these Terms and may result in the immediate disqualification of a Participant.
General Conditions. This Program is governed by the laws of the State of California. All federal, state and local laws and regulations apply. As a condition of participating in the Program, Applicants and Participants 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 Program, shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys' fees, and entrant further waives all rights to have damages multiplied or increased. The Program Parties are not responsible for any typographical or other error in the printing of the offer or administration of the Program. The Sponsor's failure to enforce any term of these Terms shall not constitute a waiver of that provision.
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 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) TYPOGRAPHICAL OR OTHER ERRORS IN THE PRINTING OF THE PROGRAM MATERIALS OR THE OFFERING OR ANNOUNCEMENT OF ANY REWARD, (II) ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE, (III) FAILURE OF ANY APPLICATION TO BE RECEIVED BY SPONSOR 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, (V) DAMAGE TO ANY COMPUTER (SOFTWARE OR HARDWARE) RESULTING FROM PARTICIPATION IN THE PROGRAM, (VI) THEFT OR DESTRUCTION OF, TAMPERING WITH, UNAUTHORIZED ACCESS TO, OR ALTERATION OF APPLICATIONS AND/OR PROGRAM APPLICATION INFORMATION, OR (VII) ENTRIES WHICH 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 KEEP THE PROGRAM PARTIES INDEMNIFIED AT ALL TIMES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES THAT ARISE FROM OR ARE RELATED TO ANY ACT, DEFAULT OR OMISSION BY YOU AND/OR A BREACH OF ANY WARRANTY BY YOU AND/OR TO ANY ACT, DEFAULT OR OMISSION BY YOU UNDER THESE TERMS INCLUDING WITHOUT LIMITATION RESULTING FROM OR IN RELATION TO ANY BREACH, NONOBSERVANCE, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE, PURSUANT TO THESE TERMS BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE PROGRAM PARTIES HARMLESS FROM ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE PROGRAM AND/OR USE OR ACCEPTANCE OF ANY REWARD OTHER THAN FOR: (1) DEATH OR PERSONAL INJURY ARISING AS A RESULT OF SPONSOR'S NEGLIGENCE OR BREACH OF CONTRACT; OR (2) THE PROGRAM PARTIES' OR UTILITY'S FRAUDULENT MISREPRESENTATION OR SPONSOR'S DELIBERATE BREACH OF CONTRACT. THE PROGRAM PARTIES 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.
Release. You hereby release, hold harmless, and indemnify the Program Parties from any liability, claims, demands, cause of action, damages, or expenses resulting from: 1) any release of information to EnergyHub pursuant to these Terms; 2) EnergyHub’s use of information obtained and managed as described in this Agreement; and 3) from any actions taken by EnergyHub pursuant to these Terms.
Third Parties. The Program Parties are not responsible for the policies, actions, or inactions of others that might prevent the Participant from entering, participating, or claiming a Reward. All Participant applications are subject to review by and require approval from Sponsor.
Severability. 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.
Terms Modifications. You agree that Sponsor has the right to make changes to these Terms at any time. Sponsor 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 https://my.radiothermostat.com/rtcoa/terms/sce/rtcoa-sce.html. Your continued participation in the Program constitutes your agreement to the changed Terms.
Entire Agreement. These Terms, together with any Official Rules applicable to a Reward, constitutes the entire agreement between Sponsor and a Participant relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.
Authorization to Receive Customer Information
By submitting this Agreement, you also give EnergyHub and SCE the following permissions:
I declare under penalty of perjury under the laws of the State of California that I am the customer of record for the service account provided.
I certify that EnergyHub has authority to act on my behalf and request the release of information for the account listed above and perform the specific acts and functions listed above.
I understand that SCE reserves the right to verify any authorization request submitted before releasing information or taking any action on my behalf.
I understand that SCE will provide the eligibility information requested above to EnergyHub to the extent available, at no charge to me.
I authorize SCE to release the confirmation of eligibility on my account to EnergyHub who is acting on my behalf regarding the matters listed above. I hereby release, hold harmless, and indemnify SCE from any liability, claims, demands, cause of action, damages, or expenses resulting from: 1) any release of information to EnergyHub pursuant to this Authorization; 2) the unauthorized use of this information by EnergyHub and 3) from any actions taken by EnergyHub pursuant to this authorization.
My authorization is given for the period commencing with the date of execution until I cancel this authorization, whichever comes first. I understand that I may cancel this authorization at any time by contacting SCE at (800) 655-4555.