PLEASE READ THESE TERMS CAREFULLY. THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW.
Welcome to the LES Peak Rewards Program!
About the Program. Participants ("Participants", "Customer" or "you") whose applications to participate in the Program are accepted by EnergyHub and Lincoln Electric System. ("LES") and who fully comply with these official terms and conditions (“Terms”) will receive program incentives from the utility named below (“Utility”) in the form set forth below in the “Program Details” paragraph ("Incentive").
Why should I participate in the Program? The LES Peak Rewards Program will enable LES to better manage peak demand that typically occurs on the warmest weekday afternoons in the months of June-September. By participating in LES Peak Rewards, you are helping to reduce the amount of power generation required to meet demand and subsequently delaying the community’s need for investing in new power generation in the future.
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 LES. These Terms become effective upon acceptance and will continue until you, EnergyHub or LES 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 Emerson, EnergyHub and LES 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 LES 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:
Incentive. Participants are eligible to earn the Enrollment Incentive and the Participation Incentive described below in the “Program Details” paragraph. The amounts of the Enrollment Incentive and the Participation Incentive is determined solely by LES. EnergyHub and Emerson bears no responsibility for determining the amount of the Enrollment Incentive or the Participation Incentive. You acknowledge that EnergyHub is providing the Enrollment Incentive on behalf of the LES, 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 Incentive or the Participation Incentive, or the amount of either the Enrollment Incentive or the Participation Incentive. The Participation Incentive is provided solely by LES. LES and EnergyHub reserve the right to seek further information to verify your eligibility to receive the Enrollment Incentive or the Participation Incentive and to substitute a reward of equivalent value at LES’ 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 EnergyHub at the email address provided below in the “Program Details” paragraph. Withdrawing will not affect the other services provided to you by Emerson or LES. By withdrawing, you may render yourself ineligible to receive an Incentive or other compensation, participate in the Program in the future, or participate in other programs offered by EnergyHub or LES.
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 LES 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 LES. Should EnergyHub fail to obtain such approvals and acceptances, the Program will be terminated, and Participants may not receive any Incentive 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, LES 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 LES, EnergyHub may terminate your participation in the Program without liability and without notice to you.
Energy Consumption. None of Emerson, EnergyHub or LES are 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 LES’ discretion, subject to the then-current Terms for the Program.
Adjustment Details. During Program events, EnergyHub’s servers will automatically inform your thermostat of the existence of a demand response event, which may cause the thermostat to change the temperature set-point for the HVAC system in your home on that day. You may override this temperature set-point simply by turning your thermostat to a different temperature 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.
Governing Law. This Program is governed by the laws of New York and Nebraska. 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 that 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 ENERGYHUB OR UTILITY 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 AT ALL TIMES FROM AND AGAINST ANY AND ALL 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 THE PROGRAM PARTIES 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 EMERSON’S, UTILITY’S OR ENERGYHUB’S NEGLIGENCE OR BREACH OF CONTRACT; OR (2) THE PROGRAM PARTIES’ FRAUDULENT MISREPRESENTATION OR 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.
Other Terms and Conditions.