Member participant Nest agreement smart thermostat savings program
This Agreement is made by and between Piedmont Electric Membership Cooperative (“PEMC”) and Member to verify energy efficiency improvements resulting from the use of the Nest Wi-Fi thermostat and establish proof the Nest Wi-Fi thermostat is a viable demand side management device.
Member owner eligibility requirements:
The Member certifies or agrees:
1. Its premises have a compatible air-conditioner, heat pump or electric furnace that is in good working order.
2. To maintain the connection between the enrolled thermostat(s) to an Internet Service Provider via Wi-Fi connection.
3. To maintain an active account with PEMC throughout the duration of the program.
4. To assist support personnel in resolving connectivity or other issues relevant to the program.
5. To participate in monthly control events as the program is a demand control study.
6. To allow and permit PEMC and Nest to share load-specific data related to energy consumption and capacity of the Member account.
The Member agrees to allow PEMC in partnership with North Carolina Electric Membership Corporation (“NCEMC”), to adjust the temperature via the Nest utility portal. The thermostat setting will be adjusted up or down four degrees from the normal setting during monthly control events. A control event will have a duration no longer than four (4) hours. Control events will be restricted to no more than eight (8) events in any month.
Member owner energy consumption data:
The Member agrees to allow PEMC and Nest to provide detailed energy use data to NCEMC for their explicit use for this program prior to, during, and beyond the term of the Program.
There will be a $2.50 monthly credit to the member’s electric bill during June, July, August and September. As well as, an initial $50.00 member bill credit.
If the Member is not the Owner of the Premises, the Member must obtain Owner’s express authority to participate and allow the equipment to be installed at the Premises. By signing, the Member represents and warrants the Owner has read this Agreement, and understands and agrees to Member’s participation as outlined herein. Owner must also sign this Agreement.
The Member shall indemnify, defend and hold harmless PEMC, NCEMC, Nest, and any of their affiliates, contractors, officers, directors, employees, agents, successors, assigns and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses and expenses, (including reasonable attorneys’ fees and costs incurred to enforce this indemnity) arising out of the Member’s participation in this Agreement, except to the extent caused by the negligence or willful misconduct of any of the Indemnified Parties.
Warranty Disclaimer /Liability:
Except as expressly stated herein, PEMC makes no other representations, warranties or guarantees (including third-party warranties). In no event shall PEMC be liable to the Member for any special, indirect, incidental, penal, punitive or consequential damages of any nature in connection with the use of the Member’s Portal, equipment or participation in this program. To the fullest extent allowed by law and as part of the consideration for participation in this Agreement, the Member waives and releases PEMC, its affiliates and contractors, officers, directors, employees, agents, successors, assigns and representatives from all obligations (other than provision of the equipment) and for any and all liability or claims arising in connection with the equipment, the Member Portal, or any work, labor, or service provided by PEMC with full understanding Member agrees to look solely to the manufacturer of the equipment for any relief.
Nest Terms & Conditions
Thank you for your interest in the Rush Hour Rewards Program, a service offered by Nest Labs, Inc. (“Nest”).
Nest’s Rush Hour Rewards Program allows you to participate in a program for residential members offered by Piedmont Electric Membership Corporation (“Piedmont Electric”) using your Nest Learning Thermostat. As part of the Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest Learning Thermostat of the existence of a Rush Hour Rewards event, causing the Nest Learning Thermostat automatically to change the temperature setpoint 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 Rush Hour Rewards Program and for Piedmont Electric to enroll you in the Rush Hour Rewards Program, pursuant to the terms and conditions below. Any additional Nest Learning Thermostats installed at your Piedmont Electric service address will be automatically enrolled in the Rush Hour Rewards Program.
Nest will administer the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/legal) and applicable laws and regulations.
The Rush Hour Rewards Program is available to Piedmont Electric residential electric members who meet certain eligibility requirements. In order to participate, you must: (1) be a Piedmont Electric residential electric service account holder; (2) have an 802.11 wireless network at the Piedmont Electric 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.
In addition, (i) in order to participate in the Rush Hour Rewards Program during the summer season you must have an installed, operable Nest Learning Thermostat controlling an air conditioning unit at your Piedmont Electric service address; and (ii) in order to participate in the Rush Hour Rewards Program during the winter season you must have an installed, operable Nest Learning Thermostat controlling a heat pump or a heating system which utilizes electricity as the primary source of heat at your Piedmont Electric service address.
Piedmont Electric 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 Piedmont Electric offer and the automatic enrollment of additional Nest Learning Thermostats may not result in additional Incentives.
The Incentives are provided solely by Piedmont Electric. 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. Piedmont Electric reserves the right to seek further information to verify your eligibility for the Incentives.
By submitting this Agreement, you agree that:
Nest may share certain information (including, but not limited to, your name, email address, service address, Piedmont Electric account number, Nest Learning Thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with NCEMC to verify that you are eligible to participate in the Rush Hour Rewards Program and to evaluate the comprehensive energy impact of the Nest Learning Thermostat. In addition, Nest may share with Piedmont Electric 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 Piedmont Electric may terminate this Agreement and not enroll you, or terminate your enrollment, in the 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 Rush Hour Rewards Program on a voluntary basis.
You agree to participate in the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/legal) and applicable laws and regulations.
You release and hold harmless Nest, NCEMC, and Piedmont Electric from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program.
This Agreement is effective upon your submitting this Agreement and will continue until you or Nest cancels your participation. You may cancel participation at any time during the program by calling Nest at (855) 469‑6378.