Welcome to the Smart Savers NY Program ("Program"). By becoming a Participant of the Program, you may save energy and reduce stress on the grid in your electricity service area. By participating in the Program, you are eligible to receive the Reward described below, subject to these Terms and Conditions ("Terms"). To become a Participant in the Program, you must submit an application to, and have it accepted by EnergyHub and the Utility (as each is defined below).
YOU MUST BE AN EXISTING USER OF THE EMERSON SERVICE TO BECOME A PARTICIPANT. PLEASE READ THESE TERMS CAREFULLY. THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW.
Binding Agreement. By applying for the Program, you agree to comply with and be bound by these Terms. Notwithstanding the foregoing, you will not become a "Participant" (as defined below) in the Program until your application has been accepted and approved by the Sponsor and the Utility. 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 and the Utility 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 Sponsor 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 and forfeiture of any Reward.
About the Program. Applicants 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"). Participants may also help reduce the risk of blackouts and brownouts in their electricity service areas.
Sponsor. The Program is provided by EnergyHub, Inc., 41 Flatbush Avenue, Suite 400A, Brooklyn, NY 11217 ("Sponsor" or "EnergyHub").
Other Definitions. In the context of these Terms,
Application Consent. By submitting an application to enroll, you authorize the Sponsor Parties and their respective agents to:
Participation Consent. By submitting an application to enroll as a Participant, you authorize the Sponsor, Provider, and their respective agents to:
You also authorize the Sponsor Parties and their respective agents to:
Further, in accordance with Section 2C(B)(1) of the Uniform Business Practices for Distributed Energy Resource Suppliers (UBP-DERS) of the State of New York Public Service Commission, by submitting an application to enroll as a Participant, you authorize the Sponsor to:
This authorization shall be valid until the expiration of the Program Period. If you are automatically re-enrolled in the Program as described below in the "Program Period" section, this authorization will remain valid through the end of the then-current Program Period.
Eligibility. You may apply to become a Participant and participate in the Program if you meet the following eligibility criteria and do the following:
Program Period. The Program will run for the period of June 1, 2018 through and including September 30, 2018 (the "Program Period"). You may be automatically re-enrolled in subsequent Program Periods at Sponsor's discretion, subject to the then-current Terms for the Program.
Program Description. Participant agrees to allow Program Parties to control the Participant's thermostat to reduce electricity demand during the Program Period by increasing the then-current thermostat setpoint or scheduled target temperature setpoint by up to 4°F. Such adjustments are referred to as "Adjustment Events."
Participant may opt out of an Adjustment Event at any time directly from your thermostat by resetting it to the desired temperature, or through components of the Service, such as the web portal or smart phone application associated with the Service. Participants may opt out of the Program in its entirety via email.
Reward. As a Participant in the Program you are eligible to receive a gift card valued at $25, to be provided to you by Sponsor following the conclusion of the Program term. You must complete your application for the Program before 11:59:59 PM Eastern Time on April 30, 2018, and subsequently be accepted as a Participant by the Sponsor and Utility, in accordance with these Terms, in order to be eligible for a Reward.
How To Apply. You can apply to participate in the Program by clicking "Sign Me Up" on the Program webpage after signing into your Emerson web or mobile account. Sponsor and Utilities may accept or reject your application in their sole discretion. All entries become the property of Sponsor.
How To Withdraw. Once you are accepted as a Participant in the Program, you may withdraw by emailing smartsaversny-unenrollment@energyhub.com. Withdrawal will not affect the other services provided by the Sponsor Parties to you. By withdrawing, you may render yourself ineligible to receive the Reward, participate in the Program in the future, or participate in other programs offered by EnergyHub or Provider.
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, and applicable Utility. Should Sponsor fail to obtain such approvals and acceptances or if the Program is declared unlawful, the Program will be terminated along with the Reward. In the event of such termination, Sponsor will provide notice at www.energyhub.com.
Disqualification. Sponsor reserves the right to terminate your participation in the Program and Reward at any time and without liability upon notice to you via email if you violate these Terms or applicable law, and do not comply with any reasonable request from Sponsor or Provider in connection with this Program, if your Utility declares you ineligible for the Program, or if your account with Sponsor or Provider is no longer in good standing. If you enroll in a conflicting energy program through Sponsor, Provider, or your Utility, Sponsor may terminate your participation in the Program without liability and without notice.
Privacy Notice. By participating in the Program, you agree that the Sponsor Parties may collect your personal information or data and that if they cannot collect the required information or data, you may not be eligible to participate in the Program. Sponsor Parties will protect your personal information and usage data consistent with these Terms and each company's then-current privacy policy. Sponsor's privacy policy is located at: http://www.energyhub.com/privacy-policy
Changes in Your Electricity Costs. Sponsor and Provider are not responsible for any changes in your electricity costs during the Program.
Information. You represent and warrant to Sponsor that the information you provide to Sponsor while applying for and during the course of the Program is accurate and complete, and you agree to promptly notify Sponsor if any information you provided during your application for the Program has changed.
General Conditions. This Program is governed by the laws of the State of New York without regard to its applicable principles of conflicts of law. The Sponsor 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.
DISCLAIMER: THE SPONSOR PARTIES AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES 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 OR LOST.
LIMITATIONS OF LIABILITY: PARTICIPANT ASSUMES ALL RISK OF PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP THE SPONSOR PARTIES AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES 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, NON-OBSERVANCE, 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 SPONSOR PARTIES AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES 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 SPONSOR PARTIES' AND THEIR RESPECTIVE AFFILIATES', AGENTS', DIRECTORS', OFFICERS', AND EMPLOYEES' FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. THE SPONSOR PARTIES OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, OR EMPLOYEES 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.
Arbitration. If the you and the Sponsor do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration governed by the Federal Arbitration Act ("FAA"). You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved on an individual basis before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator's award.
No Class Action Procedure. Notwithstanding any of the foregoing or any other provision of these Terms, class arbitration is not permitted under any circumstance. You and the Sponsor agree that, by entering into this Agreement, THE PARTIES MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Court To Decide Disputes Regarding Nonavailability Of Class Action Procedure. Although the non-availability of any form of representative or class proceeding is clear from this Agreement, should any dispute arise regarding or relating to the existence, validity, enforceability, or interpretation of the Arbitration and No Class Action procedures provisions above, the federal court located in New York, New York shall have the sole and exclusive jurisdiction to hear and determine the issue.
Third Parties. The Sponsor Parties are not responsible for the policies, actions, or inactions of others that might prevent the Participant from entering, participating, or claiming a Reward.
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.
Assignment. These Terms will be binding on Sponsor and its successors and assigns, and Participant. Participant may not assign these Terms without the written consent of Sponsor whereas Sponsor may assign these Terms to any third party.
Changes to the Terms. Sponsor may modify these Terms at any time. We will notify you by email at the most current email address we have on record for you when we make any material changes to these Terms, and the effective date of the modified Terms, which will be after the date of our notice to you. Your continued participation in the Program thereafter signifies your acceptance to such modified Terms. The modified Terms will apply only to disputes that arise after the effective date of such modified Terms. We will also post the most current version of the Terms on our website: https://sensi.energyhub.net/ss/terms/smartsaversny/sensi-smartsaversny.html, and encourage you to check this site frequently.
Acceptance of Agreement. The use of an electronic signature process to accept and sign these Terms, including your indication of acceptance of these Terms by a click-through or click-wrap process presented on Sponsor's website, shall constitute effective execution and delivery of these Terms, and shall form a binding contract between you and the Sponsor.
Entire Agreement. These Terms constitute 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.