OG&E Option to Connect
Terms and Conditions
Welcome to OG&E’s Option to Connect (the “Program”). The Program is offered by
Oklahoma Gas and Electric Company (“OG&E”) and is implemented by Open Access
Technology International Inc. (“Sponsor”). These Terms of Use (these “Terms”) are a legal
agreement between you, OG&E and Sponsor governing your participation in the Program.
By applying to or participating in the Program, you represent and warrant that you meet the
eligibility criteria described in this agreement and that all information you provide in
connection with your participation in the Program is true, accurate, current and complete.
If you do not agree to these Terms, you may not participate in the Program.
In the case of inconsistencies between these Terms and information included in any other
materials related to the Program (e.g., promotional materials and mailers), these Terms
will always govern and take precedence. These Terms are in addition to, and are not
replaced by, any terms and conditions provided by the manufacturer of your enrolled
device(s) (the “Manufacturer”). OG&E reserves the right, in its sole discretion, to modify, to
cap, or to discontinue the Program at any time.
Eligibility and Participation. To participate, you must be an OG&E residential customer
residing in the state of Oklahoma, have one or more qualified devices, and maintain your
enrolled devices as necessary to allow OG&E and the Sponsor to remotely communicate
with and adjust them in connection with the Program (including implementing any
necessary updates and maintaining any necessary communications connections) to
participate in the Program. If you have two or more thermostats in your household, you are
not eligible to receive duplicate Incentives. You can apply to participate through your
Manufacturer or at the program website: OGE.com/connect.
Program Data. By participating in the Program, you hereby authorize OG&E, Manufacturer
and Sponsor to (1) collect, use and exchange Program Data for the purposes of
determining your eligibility for the Program and operating the Program; to (2) compile,
analyze and share Program Data for the purposes of complying with applicable law and
regulatory requests, and to improve the Program; and (3) make conclusions about the
Program, your Program Data and any related information (the “Findings”) and to
summarize and publish materials about the Program, Program Data, and the Findings,
provided that any such public use of Program Data will only use anonymized data which
does not specifically identify you. Program Data means data related to your identity, your
participation in the program, your energy use (and energy production), your OG&E account
(including billing information), and information about your enrolled devices. OG&E will
protect your Program Data consistent with its then-current privacy policy:
https://www.oge.com/web/portal/hidden/footerlinks/privacy-policy.
Device Management. As part of this Program, Sponsor may automatically make changes
to your enrolled devices without any manual intervention by you. These changes may
include device mode, setpoint, or other settings and, in the case of thermostat devices,
may include or be preceded by “pre-cool” or “pre-heat” periods as applicable, when a
current or scheduled set temperature is temporarily changed in anticipation of an
adjustment. For certain types of enrolled devices, change may occur even if the enrolled
device is set to “hold” or a similar setting. At any time, you may override these changes by
manually adjusting your enrolled device to a different setting or as otherwise enabled by
the Manufacturer. At any time, you can discontinue participation in the Program to
discontinue further changes to your enrolled devices by calling (888) 209-2948 or
connect@oge.com. None of OG&E, Sponsor, nor Manufacturer are responsible for your
electricity costs, or any changes thereto, during your participation in the Program.
Incentives. In connection with the Program, OG&E may offer certain rebates, offers or
other incentives (“Incentives”). OG&E reserves the right to determine qualification for
Incentives in its sole discretion. Failure to participate in the Program for its entire duration
or overriding automatic Device management on a regular basis may disqualify you from
Incentives. Current incentives can be found at OGE.com/connect.
Costs. Neither OG&E nor Sponsor is responsible for providing the systems necessary to
participate in the Program, or your electricity costs, or any changes thereto, during your
participation in the Program.
No Warranty; Disclaimer. YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE DISCRETION AND RISK. THE PROGRAM IS OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. OG&E AND SPONSOR EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE PROGRAM, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES FOR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR NON MISAPPROPRIATION OR INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY) AND ANY WARRANTIES OR CONDITIONS ARISING UNDER ANY OTHER LEGAL REQUIREMENT. OG&E AND SPONSOR MAKE NO WARRANTIES THAT THE OPERATION OF THE PROGRAM, OR THE DEVICE, WILL BE UNINTERRUPTED OR ERRORFREE.
Limitation of Liability. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SPONSOR OR OG&E BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THE PROGRAM, EVEN IF SPONSOR OR OG&E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM OR WITH ANY OF THESE TERMS, OR FEEL SPONSOR OR OG&E HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE PROGRAM.
Indemnification. You agree to indemnify, and hold OG&E and Sponsor, their officers,
directors, employees, affiliates, and agents armless from and against any and all actions,
claims, liabilities, damages, losses, and expenses, including without limitation reasonable
attorney’s fees and costs, arising out of or in any way connected with your participation in
the Program, including in regard to installation, operation, and disposal of equipment (and
related materials) covered herein and any liability from incidental or consequential
damages.
Termination. OG&E or Sponsor may terminate the Program, or your participation in the
Program, at any time, with or without cause, by providing you with written notice of such
termination, which may be via email. You may terminate your participation in the Program
at any time by calling (888) 209-2948 or connect@oge.com. Upon termination, all rights
granted to you by these Terms will immediately cease, including eligibility for any
Incentives. OG&E and Sponsor are not liable to you or any third party for termination of the
Program or your participation in the Program.
Survival. Any suspension, termination or cancellation of the Program will not affect your
obligations under these Terms which by their sense and context are intended to survive
such suspension, termination or cancellation.
Applicable Law and Dispute Resolution. These Terms are governed by the laws of the
State of Oklahoma, without giving effect to any conflict of laws or principles that may
require the application of the law of another jurisdiction. If you believe that OG&E has not
adhered to these Terms, please contact us by e-mail at connect@oge.com. We will do our
best to address your concerns. If you feel that your complaint has been addressed
incompletely, we invite you to let us know for further investigation. If you and OG&E are
unable to reach a resolution to your dispute, you and OG&E will settle the dispute
exclusively under the rules of the American Arbitration Association (www.adr.org) at its
Oklahoma City, Oklahoma office. Any election to arbitrate by one party will be final and
binding on the other. You acknowledge and agree that You and the Company are each
waiving the right to participate as a plaintiff or class member in any purported class action
or representative proceeding. Further, unless both you and OG&E otherwise agree in
writing, an arbitrator may not consolidate more than one person’s claims and may not
otherwise preside over any form of class or representative proceeding. Regardless of any
statute or law to the contrary, any claim or cause of action arising out of or related to the
Program or these Terms must be brought, if at all, within one year from the accrual of the
claim or cause of action or be forever barred.
Consent and Capacity. You are over 18 years of age and have the necessary legal capacity
to execute this agreement and have received the necessary consents and approvals from
the owner(s) or occupant(s) of any premises where the Program will be provided. You are
solely responsible for any failure to receive necessary consents and approvals. You must
have one or more compatible devices, maintain an OG&E account in good standing, and
maintain your enrolled devices as required by the Manufacturer (including implementing
any necessary updates and maintaining any necessary communications connections) to
participate in the Program. Your participation is completely voluntary, and you can decide
to withdraw at any point in the Program.
Entire Agreement and Modifications. These Terms are the entire and exclusive
agreement between OG&E or Sponsor and you regarding the Program and supersede and
replace any prior agreements regarding the same. OG&E or Sponsor may modify these
Terms at any time and will notify you of material modifications using the email address we
have on record. You can also find the most recent version of these Terms here:
https://www.oati.com/solutions/smart-energy/smart-thermostat/. Your continued
participation in the Program signifies your acceptance of any modified Terms.
Assignment. These Terms will be binding on you, OG&E, Sponsor, and their respective
successors and assigns. You may not assign these Terms or assign any rights or delegate
any obligations hereunder, in whole or in part, whether voluntarily or by operation of law,
without the prior written consent of OG&E and Sponsor. Any purported assignment or
delegation by you without the appropriate prior written consent of OG&E will be null and
void.
Severability and Waiver. In the event that any provision in these Terms is held to be invalid
or unenforceable, the remaining provisions will remain in full force and effect. The failure
of OG&E to enforce any right or provision of these Terms will not be deemed a waiver of
such right or provision.
Communications. By participating in this Program, you agree to receive emails from
Sponsor or OG&E or their partners at the email address provided for this Program. These
emails may contain information about OG&E’s products and services; other energy related
products, services and Programs; as well as energy related legislative and environmental
issues. You may opt out of receiving these emails at any time by contacting OG&E at (888)
209-2948 or connect@oge.com; however, it may take up to 10 days for your opt-out
request to take effect.