PROGRAM TERMS AND CONDITIONS

Welcome to the SimpleSaver program (“Program”) provided by Kentucky’s Touchstone Energy Cooperatives (“Utility”).  By becoming a Participant of the Program, you may help reduce stress on the grid in your electric service area. By participating in the Program, you may be 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, Sponsor and the Utility (as each is defined below).

YOU MUST BE AN EXISTING USER OF THE VENDOR SERVICE TO BECOME A PARTICIPANT. PLEASE READ THESE PROGRAM TERMS AND CONDITIONS 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 and Conditions (“Terms”) even if your application is not accepted or approved by the Sponsor (as defined below) and the Utility. Failure to comply with these Terms may result in your disqualification from the Program. The decisions of the Sponsor and the Utility regarding your eligibility to participate are final and binding in all respects. Sponsor reserves the right in its sole discretion to disqualify any Participant in accord with the Disclaimer provision below. 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 Utility (“Participants”) and who fully comply with these Terms may receive the incentive set forth below (“Reward”) to be provided to you by Utility. To receive the Reward, you must be accepted as a Participant by the Sponsor and Utility and your participation must not be withdrawn or terminated. Participants may also help reduce stress on the electric grid.

Definitions. In the context of these Terms,

• The Program is provided by Open Access Technology International, Inc., 3660 Technology Dr NE, Minneapolis, MN 55418 (“Sponsor”).
• “Vendor” means the third party manufacturer or provider of the Participant’s thermostat.
• “Utility” means your utility, namely Kentucky’s Touchstone Energy Cooperatives.
• “Sponsor Parties” means Sponsor, Vendor, and Utility, their respective successors and assigns, and each of their respective affiliates, agents, directors, officers, and employees.
• “Device” means a device that can be monitored and controlled during the Program through the Vendor cloud platform or other communications pathway.

Application Consent by Participant. By submitting an application to enroll as a Participant, you authorize the Sponsor Parties to 1) collect and exchange data related to your identity, your opt-in or opt-out status, your energy usage and/or energy production, your Utility account, your electric bill, and operational data about your Devices (collectively, “Program Data”), solely for the purposes of determining your eligibility for the Program and operating the Program; 2) review and analyze all of your Program Data for the purposes of the Sponsor Parties fulfilling their obligations under the Program and applicable law, improving the Program and as otherwise permitted by applicable law, and to exchange conclusions with each other and publish results based on those conclusions, provided that they treat all such Program Data in accordance with their respective privacy policies; 3) automatically adjust your Devices, as required by the Program at times indicated by Utility (as described below) or for general system testing purposes; 4) send you emails, text messages, pre-recorded messages and other notifications related to the Program, including about your enrollment status and Program-related adjustments to your Devices; 5) send you emails, text messages, pre-recorded messages and other notifications related to surveys about the Program and to share your responses to such surveys among themselves; 6) summarize the results of the Program in publicly-available studies, provided that any Program Data included in such studies will be anonymous such that you are not individually identifiable.

Eligibility and Enrollment. You may apply to become a Participant and participate in the Program if you meet the following eligibility criteria and do the following:

• You must be at least 18 years of age;
• You must have one or more Devices that are compatible with and connected to the Vendor platform (“Service”) and compatible with the Program design;
• Maintain an active account in good standing on the Service and a continuous connection between your enrolled Devices and the Service;
• Assist Sponsor Parties’ support personnel in troubleshooting and resolving connectivity, firmware and other Device-related issues;

Any additional Devices installed as part of your Sponsor system at your Utility service address will be automatically enrolled in the Program and may also participate in Adjustment Events, as described below. Rewards will be provided pursuant to the applicable Utility offer and the automatic enrollment of additional Devices may not result in additional Rewards.

Program Period. The Program will run for the period set forth below in the Additional Program Details section (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 Devices during the Program Period. Such adjustments are referred to as “Adjustment Events.” Adjustment Events may change device mode, setpoint, or other settings, as applicable. For Devices that allow for temperature control, Adjustment Events may include or be preceded by “pre-cool” or “pre-heat” periods, wherein the then-current or scheduled target temperature setpoint is temporarily changed to prepare for the subsequent adjustment. For certain types of services offered by the Sponsor Parties, an Adjustment Event may occur even if the Device is in any kind of hold mode at the start of the Adjustment Event. Participant may opt out of an Adjustment Event at any time directly by adjusting his/her device.

How To Apply. You can apply to participate in the Program through your Vendor mobile app or at the Program enrollment website specified below. Sponsor and Utility may accept or reject your application in their sole discretion.

How To Withdraw. Once you are accepted as a Participant in the Program, you may withdraw by emailing the Sponsor contact address specified below or calling your Vendor. 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 Sponsor.

Program Termination. Sponsor’s ability to offer the Program is contingent on receiving certain approvals and acceptances from Utility, as well as the continuation of Utility’s funding for the Program and absent any regulatory orders or other decisions that may jeopardize the continuation of the Program. If such approvals and acceptances are withheld or withdrawn, or if the Program is declared unlawful or determined by a court or regulatory body to be discontinued or if Utility’s funding for the Program is reduced or discontinued in any way, the Program will be terminated along with the Reward. In the event of such termination, notice will be provided at https://togetherwesaveky.com/cooperatives/simple-saver/.

Disqualification. Sponsor or Utility may 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, if you do not comply with any reasonable request from a Sponsor Party in connection with this Program, if your Utility declares you ineligible for the Program, if your account with Vendor is no longer in good standing, or if you tamper with or attempt to tamper with a Device or do not maintain a continuous connection between your enrolled Device(s) and the Service. If you enroll in a conflicting energy program through Sponsor Parties, 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: https://togetherwesaveky.com/privacy-policy/.

Changes in Your Electricity Costs. Sponsor Parties 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’S FAILURE TO ENFORCE ANY TERM OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. THE SPONSOR 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 OR DEVICE (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) APPLICATIONS WHICH ARE LATE OR LOST, OR (VIII) ANY LOSS OF INCOME DUE TO DEVICE CONTROL. PARTICIPANT ASSUMES ALL RISK OF PARTICIPATION IN THE PROGRAM. PARTICIPANT ACKNOWLEDGES AND AGREES THAT UTILITY IS IN NO WAY RESPONSIBLE FOR AND DOES NOT IN ANY WAY WARRANT THE OPERATION OR FUNCTION OF THE DEVICE AND THAT ANY SUCH WARRANTY FOR THE DEVICE SHALL BE FROM THE MANUFACTURER OF SUCH DEVICE. FURTHER, PARTICIPANT AGREES THAT UTILITY IS IN NO WAY RESPONSIBLE FOR OR SHALL HAVE NO LIABILITY FOR ANY CLAIMS WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE OPERATION OR FAILURE OF ANY DEVICE.TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP THE SPONSOR 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE SPONSOR 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 SPONSOR PARTIES’ FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. THE SPONSOR 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. IF ANY PROVISION OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, ALL REMAINING PROVISIONS OF THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT. THESE TERMS WILL BE BINDING ON UTILITY, 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. 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.

These Terms constitute the entire agreement between Sponsor, Utility, and a Participant relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.

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, Utility 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. 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.

Changes to the Terms. Utility or 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 specified below 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 Vendor’s website, shall constitute effective execution and delivery of these Terms, and shall form a binding contract between you, Utility and the Sponsor.

Additional Program Details.

The Program Terms are available at the following website: https://togetherwesaveky.com/cooperatives/simple-saver

Utility Program website address: www.simplesaver.coop

Reward:

Enrollment incentive: Participants will receive a one-time $100 per thermostat after being accepted into the program. Participants who purchased their thermostat before March 2, 2019 may only be eligible for $10 per thermostat (up to 2 thermostats). Enrollment incentives will be administered within 60 days of your acceptance to the program.

Participation incentive: You will receive $20 per enrolled thermostat each year when stay enrolled through the summer season (May-September). Participation incentives will be administered on or near your October electric bill.

The Program application for enrollment is available at the following website address: https://nest.com/energy-partners/touchstonecooperatives

Sponsor contact address: KTECSimplesaver@oati.net

Program Period: 7/23/19 – 7/23/22

PROGRAM TERMS AND CONDITIONS

Welcome to the SimpleSaver program (“Program”) provided by Kentucky’s Touchstone Energy Cooperatives By becoming a Participant of the Program, you may help reduce stress on the grid in your electric service area. By participating in the Program, you may be 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, Sponsor and the Utility (as each is defined below).

YOU MUST BE AN EXISTING USER OF THE VENDOR SERVICE TO BECOME A PARTICIPANT. PLEASE READ THESE PROGRAM TERMS AND CONDITIONS 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 and Conditions (“Terms”) even if your application is not accepted or approved by the Sponsor (as defined below) and the Utility. Failure to comply with these Terms may result in your disqualification from the Program. The decisions of the Sponsor and the Utility regarding your eligibility to participate are final and binding in all respects. Sponsor reserves the right in its sole discretion to disqualify any Participant in accord with the Disclaimer provision below. 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 Utility (“Participants”) and who fully comply with these Terms may receive the incentive set forth below (“Reward”) to be provided to you by Utility. To receive the Reward, you must be accepted as a Participant by the Sponsor and Utility and your participation must not be withdrawn or terminated. Participants may also help reduce stress on the electric grid.

Definitions. In the context of these Terms,

• The Program is provided by Open Access Technology International, Inc., 3660 Technology Dr NE, Minneapolis, MN 55418 (“Sponsor”).
• “Vendor” means Emerson Electric Co.
• “Utility” means your utility, namely Kentucky’s Touchstone Energy Cooperatives.
• “Sponsor Parties” means Sponsor, Vendor, and Utility, their respective successors and assigns, and each of their respective affiliates, agents, directors, officers, and employees.
• “Device” means a device that can be monitored and controlled during the Program through the Vendor cloud platform or other communications pathway.

Application Consent by Participant. By submitting an application to enroll as a Participant, you authorize the Sponsor Parties to 1) collect and exchange data related to your identity, your opt-in or opt-out status, your energy usage and/or energy production, your Utility account, your electric bill, and operational data about your Devices (collectively, “Program Data”), solely for the purposes of determining your eligibility for the Program and operating the Program; 2) review and analyze all of your Program Data for the purposes of the Sponsor Parties fulfilling their obligations under the Program and applicable law, improving the Program and as otherwise permitted by applicable law, and to exchange conclusions with each other and publish results based on those conclusions, provided that they treat all such Program Data in accordance with their respective privacy policies; 3)  automatically adjust your Devices, as required by the Program at times indicated by Utility (as described below) or for general system testing purposes; 4) send you emails, text messages, pre-recorded messages and other notifications related to the Program, including about your enrollment status and Program-related adjustments to your Devices; 5) send you emails, text messages, pre-recorded messages and other notifications related to surveys about the Program and to share your responses to such surveys among themselves; 6) summarize the results of the Program in publicly-available studies, provided that any Program Data included in such studies will be anonymous such that you are not individually identifiable.

Eligibility and Enrollment. You may apply to become a Participant and participate in the Program if you meet the following eligibility criteria and agree to the following:

• You must be at least 18 years of age;
• You must have one or more Devices that are compatible with and connected to the Vendor platform (“Service”) and compatible with the Program design;
• Maintain an active account in good standing with Sponsor Parties on the Service and a continuous connection between your enrolled Devices and the Service;
• Assist Sponsor Parties’ support personnel in troubleshooting and resolving connectivity, firmware and other Device-related issues.

Program Period. The Program will run for the period set forth below (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 Devices during the Program Period.  Such adjustments are referred to as “Adjustment Events.” Adjustment Events may change device mode, setpoint, or other settings, as applicable. For Devices that allow for temperature control, Adjustment Events may include or be preceded by “pre-cool” or “pre-heat” periods, wherein the then-current or scheduled target temperature setpoint is temporarily changed to prepare for the subsequent adjustment. For certain types of services offered by the Sponsor Parties, an Adjustment Event may occur even if the Device is in any kind of hold mode at the start of the Adjustment Event. Participant may opt out of an Adjustment Event at any time directly by adjusting their device.

How To Apply. You can apply to participate in the Program through your Vendor web or mobile account or at the Program enrollment website specified below. Sponsor and Utility may accept or reject your application in their sole discretion.

How To Withdraw. Once you are accepted as a Participant in the Program, you may withdraw by emailing the Sponsor contact address specified below. 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 Sponsor.

Program Termination.  Sponsor’s ability to offer the Program is contingent on receiving certain approvals and acceptances from Utility, as well as the continuation of Utility’s funding for the Program and absent any regulatory orders or other decisions that may jeopardize the continuation of the Program. If such approvals and acceptances are withheld or withdrawn, or if the Program is declared unlawful or determined by a court or regulatory body to be discontinued or if Utility’s funding for the Program is reduced or discontinued in any way, the Program will be terminated along with the Promotion. In the event of such termination, notice will be provided at https://togetherwesaveky.com/cooperatives/simple-saver/.

Disqualification. Sponsor or Utility may terminate your participation in the Program and Promotion at any time and without liability upon notice to you via email if you violate these Terms, or applicable law, if you do not comply with any reasonable request from a Sponsor Party in connection with this Program, if your Utility declares you ineligible for the Program, if your account with Vendor is no longer in good standing, or if you tamper with or attempt to tamper with a Device or do not maintain a continuous connection between your enrolled Device(s) and the Service. If you enroll in a conflicting energy program through Sponsor Parties, 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:  https://togetherwesaveky.com/privacy-policy/.

Changes in Your Electricity Costs. Sponsor Parties 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 FLORIDA WITHOUT REGARD TO ITS APPLICABLE PRINCIPLES OF CONFLICTS OF LAW. THE SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. THE SPONSOR 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 OR DEVICE (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) APPLICATIONS WHICH ARE LATE OR LOST, OR (VIII) ANY LOSS OF INCOME DUE TO DEVICE CONTROL. 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 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE SPONSOR 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 SPONSOR PARTIES’ FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. THE SPONSOR 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.  IF ANY PROVISION OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, ALL REMAINING PROVISIONS OF THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT. THESE TERMS WILL BE BINDING ON UTILITY, 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. 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.

These Terms constitute the entire agreement between Sponsor, Utility and a Participant relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.

Arbitration. If 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. The costs of arbitration, including the fees and expenses of the arbitrator(s), shall be shared equally by the parties.  Each party shall bear its own costs and attorneys’ fees for preparing and presenting its case.  The parties shall mutually agree on the location of such arbitration.

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, Utility 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. 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 courts located in Florida shall have the sole and exclusive jurisdiction to hear and determine the issue.

Changes to the Terms. Utility or 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 specified below 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 the enrollment website, shall constitute effective execution and delivery of these Terms, and shall form a binding contract between you, Utility and the Sponsor.

Additional Program Details.

The Program Terms are available at the following website: https://togetherwesaveky.com/cooperatives/simple-saver

Utility Program website address: www.simplesaver.coop

Reward:

Enrollment incentive: Participants will receive a one-time $100 per thermostat after being accepted into the program. Participants who purchased their thermostat before March 2, 2019 may only be eligible for $10 per thermostat (up to 2 thermostats). Enrollment incentives will be administered within 60 days of your acceptance to the program.

Participation incentive: You will receive $20 per enrolled thermostat each year when stay enrolled through the summer season (May-September). Participation incentives will be administered on or near your October electric bill.

The Program application for enrollment is available at the following website address:  https://togetherwesaveky.com/cooperatives/simple-saver/

Sponsor contact address: KTECSimplesaver@oati.net

Program Period: 7/23/19 – 7/23/22

PROGRAM TERMS AND CONDITIONS

Welcome to the SimpleSaver program (“Program”) provided by Kentucky’s Touchstone Energy Cooperatives. By becoming a Participant of the Program, you may help reduce stress on the grid in your electric service area. By participating in the Program, you may be 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, Sponsor and the Utility (as each is defined below).

YOU MUST BE AN EXISTING USER OF THE VENDOR SERVICE TO BECOME A PARTICIPANT. PLEASE READ THESE PROGRAM TERMS AND CONDITIONS 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 and Conditions (“Terms”) even if your application is not accepted or approved by the Sponsor (as defined below) and the Utility. Failure to comply with these Terms may result in your disqualification from the Program. The decisions of the Sponsor and the Utility regarding your eligibility to participate are final and binding in all respects. Sponsor reserves the right in its sole discretion to disqualify any Participant in accord with the Disclaimer provision below. 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 Utility (“Participants”) and who fully comply with these Terms may receive the incentive set forth below (“Reward”) to be provided to you by Utility. To receive the Reward, you must be accepted as a Participant by the Sponsor and Utility and your participation must not be withdrawn or terminated. Participants may also help reduce stress on the electric grid.

Definitions. In the context of these Terms,

• The Program is provided by Open Access Technology International, Inc., 3660 Technology Dr NE, Minneapolis, MN 55418 (“Sponsor”).
• “Vendor” means the third party manufacturer or provider of the Participant’s thermostat.
• “Utility” means your utility, namely Kentucky’s Touchstone Energy Cooperatives.
• “Sponsor Parties” means Sponsor, Vendor, and Utility, their respective successors and assigns, and each of their respective affiliates, agents, directors, officers, and employees.
• “Device” means a device that can be monitored and controlled during the Program through the Vendor cloud platform or other communications pathway.

Application Consent by Participant. By submitting an application to enroll as a Participant, you authorize the Sponsor Parties to 1) collect and exchange data related to your identity, your opt-in or opt-out status, your energy usage and/or energy production, your Utility account, your electric bill, and operational data about your Devices (collectively, “Program Data”), solely for the purposes of determining your eligibility for the Program and operating the Program; 2) review and analyze all of your Program Data for the purposes of the Sponsor Parties fulfilling their obligations under the Program and applicable law, improving the Program and as otherwise permitted by applicable law, and to exchange conclusions with each other and publish results based on those conclusions, provided that they treat all such Program Data in accordance with their respective privacy policies; 3) automatically adjust your Devices, as required by the Program at times indicated by Utility (as described below) or for general system testing purposes; 4) send you emails, text messages, pre-recorded messages and other notifications related to the Program, including about your enrollment status and Program-related adjustments to your Devices; 5) send you emails, text messages, pre-recorded messages and other notifications related to surveys about the Program and to share your responses to such surveys among themselves; 6) summarize the results of the Program in publicly-available studies, provided that any Program Data included in such studies will be anonymous such that you are not individually identifiable.

Eligibility and Enrollment. You may apply to become a Participant and participate in the Program if you meet the following eligibility criteria and do the following:

• You must be at least 18 years of age;
• You must have one or more Devices that are compatible with and connected to the Vendor platform (“Service”) and compatible with the Program design;
• Maintain an active account in good standing on the Service and a continuous connection between your enrolled Devices and the Service;
• Assist Sponsor Parties’ support personnel in troubleshooting and resolving connectivity, firmware and other Device-related issues;
• You must not have a second separately metered service.

Program Period. The Program will run for the period set forth below in the Additional Program Details section (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 Devices during the Program Period. Such adjustments are referred to as “Adjustment Events.” Adjustment Events may change device mode, setpoint, or other settings, as applicable. For Devices that allow for temperature control, Adjustment Events may include or be preceded by “pre-cool” or “pre-heat” periods, wherein the then-current or scheduled target temperature setpoint is temporarily changed to prepare for the subsequent adjustment. For certain types of services offered by the Sponsor Parties, an Adjustment Event may occur even if the Device is in any kind of hold mode at the start of the Adjustment Event. Participant may opt out of an Adjustment Event at any time directly by adjusting his/her device.

How To Apply. You can apply to participate in the Program through your Vendor mobile app or at the Program enrollment website specified below. Sponsor and Utility may accept or reject your application in their sole discretion.

How To Withdraw. Once you are accepted as a Participant in the Program, you may withdraw by emailing the Sponsor contact address specified below. 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 Sponsor.

Program Termination. Sponsor’s ability to offer the Program is contingent on receiving certain approvals and acceptances from Utility, as well as the continuation of Utility’s funding for the Program and absent any regulatory orders or other decisions that may jeopardize the continuation of the Program. If such approvals and acceptances are withheld or withdrawn, or if the Program is declared unlawful or determined by a court or regulatory body to be discontinued or if Utility’s funding for the Program is reduced or discontinued in any way, the Program will be terminated along with the Reward. In the event of such termination, notice will be provided at https://togetherwesaveky.com/cooperatives/simple-saver/.

Disqualification. Sponsor or Utility may 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, if you do not comply with any reasonable request from a Sponsor Party in connection with this Program, if your Utility declares you ineligible for the Program, if your account with Vendor is no longer in good standing, or if you tamper with or attempt to tamper with a Device or do not maintain a continuous connection between your enrolled Device(s) and the Service. If you enroll in a conflicting energy program through Sponsor Parties, 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: https://togetherwesaveky.com/privacy-policy/.

Changes in Your Electricity Costs. Sponsor Parties 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’S FAILURE TO ENFORCE ANY TERM OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. THE SPONSOR 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 OR DEVICE (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) APPLICATIONS WHICH ARE LATE OR LOST, OR (VIII) ANY LOSS OF INCOME DUE TO DEVICE CONTROL. PARTICIPANT ASSUMES ALL RISK OF PARTICIPATION IN THE PROGRAM. PARTICIPANT ACKNOWLEDGES AND AGREES THAT UTILITY IS IN NO WAY RESPONSIBLE FOR AND DOES NOT IN ANY WAY WARRANT THE OPERATION OR FUNCTION OF THE DEVICE AND THAT ANY SUCH WARRANTY FOR THE DEVICE SHALL BE FROM THE MANUFACTURER OF SUCH DEVICE. FURTHER, PARTICIPANT AGREES THAT UTILITY IS IN NO WAY RESPONSIBLE FOR OR SHALL HAVE NO LIABILITY FOR ANY CLAIMS WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE OPERATION OR FAILURE OF ANY DEVICE.TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP THE SPONSOR 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE SPONSOR 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 SPONSOR PARTIES’ FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. THE SPONSOR 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. IF ANY PROVISION OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, ALL REMAINING PROVISIONS OF THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT. THESE TERMS WILL BE BINDING ON UTILITY, 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. 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.

These Terms constitute the entire agreement between Sponsor, Utility and a Participant relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.

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, Utility 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. 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.

Changes to the Terms. Utility or 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 specified below 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 the enrollment website, shall constitute effective execution and delivery of these Terms, and shall form a binding contract between you, Utility and the Sponsor.

Additional Program Details

The Program Terms are available at the following website: https://togetherwesaveky.com/cooperatives/simple-saver

Utility Program website address: www.simplesaver.coop

Reward:

Enrollment incentive: Participants will receive a one-time $100 per thermostat after being accepted into the program. Participants who purchased their thermostat before March 2, 2019 may only be eligible for $10 per thermostat (up to 2 thermostats). Enrollment incentives will be administered within 60 days of your acceptance to the program.

Participation incentive: You will receive $20 per enrolled thermostat each year when stay enrolled through the summer season (May-September). Participation incentives will be administered on or near your October electric bill.

The Program application for enrollment is available at the following website address:  https://togetherwesaveky.com/cooperatives/simple-saver/

Sponsor contact address: KTECSimplesaver@oati.net

Program Period: 7/23/19 – 7/23/22

PROGRAM TERMS AND CONDITIONS

Welcome to the SimpleSaver program (“Program”) provided by Kentucky’s Touchstone Energy Cooperatives. By becoming a Participant of the Program, you may reduce stress on the grid in your electricity service area. By participating in the Program, you may be 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, Sponsor and the Utility (as each is defined below).

YOU MUST BE AN EXISTING USER OF THE VENDOR 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, even if your application is not accepted or approved by the Sponsor (as defined below) and the Utility. Failure to comply with these Terms may result in your disqualification from the Program. The decisions of the Sponsor and the Utility regarding your eligibility to participate are final and binding in all respects. Sponsor reserves the right in its sole discretion to disqualify any Participant for, among other things: (1) tampering or attempting to tamper with the operation of the Program; or (2) violating these Terms or the terms and conditions of use 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 Utility (“Participants”) and who fully comply with these Terms may receive the incentive set forth below (“Reward”) to be provided to you by Utility. To receive the Reward, you must be accepted as a Participant by the Sponsor and Utility [and your participation must not be withdrawn or terminated]. Participants may also help reduce stress on the electric grid.

Definitions. In the context of these Terms,

• The Program is provided by Open Access Technology International, Inc., 3660 Technology Dr NE, Minneapolis, MN 55418 (“Sponsor”).
• “Vendor” means ecobee, Inc.
• “Utility” means your utility, namely Kentucky’s Touchstone Energy Cooperatives..
• “Sponsor Parties” means Sponsor, Vendor, and Utility, their respective successors and assigns, and each of their respective affiliates, agents, directors, officers, and employees.
• “Device” means a device that can be monitored and controlled during the program through the Vendor cloud platform or other communications pathway.

Application Consent by Participant. By submitting an application to enroll as a Participant, you authorize the Sponsor Parties to 1) collect and exchange data related to your identity, your opt-in or opt-out status, your energy usage and/or energy production, your Utility account, your electric bill, and operational data about your Devices (collectively, “Program Data”), solely for the purposes of determining your eligibility for the Program and operating the Program; 2) review and analyze all of your Program Data for the purposes of the Sponsor Parties fulfilling their obligations under the Program and applicable law, improving the Program and as otherwise permitted by applicable law, and to exchange conclusions with each other and publish results based on those conclusions, provided that they treat all such Program Data in accordance with their respective privacy policies; 3) automatically adjust your Devices, as required by the Program at times indicated by Utility (as described below) or for general system testing purposes; 4) send you emails, text messages, pre-recorded messages and other notifications related to the Program and other relevant programs, including about your enrollment status and Program-related adjustments to your Devices; 5) send you emails, text messages, pre-recorded messages and other notifications related to surveys about the Program and to share your responses to such surveys among themselves; 6) summarize the results of the Program in publicly-available studies, provided that any Program Data included in such studies will be anonymous such that you are not individually identifiable.

Eligibility and Enrollment. You may apply to become a Participant and participate in the Program if you meet the following eligibility criteria and do the following:

• You must be at least 18 years of age;
• You must have one or more Devices that are compatible with and connected to the Vendor platform (“Service”) and compatible with the Program design;
• Maintain an active account in good standing on the Service and a continuous connection between your enrolled Devices and the Service;
• Assist Sponsor Parties’ support personnel in troubleshooting and resolving connectivity, firmware and other Device-related issues.

Program Period. The Program will run for the period set forth below (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 Devices during the Program Period. Such adjustments are referred to as “Adjustment Events.” Adjustment Events may change device mode, setpoint, or other settings, as applicable. For Devices that allow for temperature control, Adjustment Events may include or be preceded by “pre-cool” or “pre-heat” periods, wherein the then-current or scheduled target temperature setpoint is temporarily changed to prepare for the subsequent adjustment. For certain types of services offered by the Sponsor Parties, an Adjustment Event may occur even if the Device is in any kind of hold mode at the start of the Adjustment Event. Participant may opt out of an Adjustment Event at any time directly by adjusting his/her device.

How To Apply. You can apply to participate in the Program at the program enrollment website specified below which may be amended from time to time. Sponsor and Utility may accept or reject your application in their sole discretion.

How To Withdraw. Once you are accepted as a Participant in the Program, you may withdraw by emailing the Sponsor contact address specified below. 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 Sponsor.

Program Termination. Sponsor’s ability to offer the Program is contingent on receiving certain approvals and acceptances from Utility. If such approvals and acceptances are withheld or withdrawn, or if the Program is declared unlawful, the Program will be terminated along with the Reward. In the event of such termination, notice will be provided at https://togetherwesaveky.com/cooperatives/simple-saver/.

Disqualification. Sponsor or Utility may 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, if you do not comply with any reasonable request from a Sponsor Party in connection with this Program, if your Utility declares you ineligible for the Program, if your account with Sponsor is no longer in good standing, or if you do not maintain a continuous connection between your enrolled Device(s) and the Service. If you enroll in a conflicting energy program through Sponsor Parties, 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: https://togetherwesaveky.com/privacy-policy/.

Changes in Your Electricity Costs. Sponsor Parties 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’S FAILURE TO ENFORCE ANY TERM OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. THE SPONSOR 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 OR DEVICE (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) APPLICATIONS WHICH ARE LATE OR LOST, OR (VIII) ANY LOSS OF INCOME DUE TO DEVICE CONTROL. 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 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE SPONSOR 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 SPONSOR PARTIES’ FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. THE SPONSOR 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. IF ANY PROVISION OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, ALL REMAINING PROVISIONS OF THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT. THESE TERMS WILL BE BINDING ON UTILITY, 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. 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.

These Terms constitutes the entire agreement between Sponsor, Utility and a Participant relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.

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, Utility 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. 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.

Changes to the Terms. Utility or 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 specified below 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 Vendor’s website, shall constitute effective execution and delivery of these Terms, and shall form a binding contract between you, Utility and the Sponsor.

Additional Program Details.

Version: 2021-05-27_ecobee T&Cs_EKPC SimpleSaver

Utility Program website: simplesaver.coop

Reward:

Enrollment incentive: Participants will receive a one-time $100 per thermostat after being accepted into the program. Participants who purchased their thermostat before March 2, 2019 may only be eligible for $10 per thermostat (up to 2 thermostats). Enrollment incentives will be administered within 60 days of your acceptance to the program.

Participation incentive: You will receive $20 per enrolled thermostat each year when stay enrolled through the summer season (May-September). Participation incentives will be administered on or near your October electric bill.

The Program application for enrollment is available through the ecobee mobile app on Android and iOS. Information related to the program and how to apply through the mobile app are available at the following website address: https://www.ecobee.com/simplesaver/

Sponsor contact address: KTECSimplesaver@oati.net

Program Period: 7/23/19 – 7/23/2022

The Program Terms are available at the following website: https://togetherwesaveky.com/cooperatives/simple-saver/

COOL REWARDS PROGRAM TERMS AND CONDITIONS

Welcome to the Burbank Water and Power Cool Rewards Program! The Cool Rewards Program (“Program”) allows you to participate in a program offered by Burbank Water and Power (“Utility”) through which you may receive incentives for your continued enrollment. Burbank Water and Power has contracted with Open Access Technology International, Inc. (“OATI”), a company that offers demand response management systems, to provide services allowing Burbank Water and Power to schedule and manage limited duration control of Smart Thermostat devices enrolled into the Program. By submitting your enrollment information for consideration for acceptance to participate in the Program you (“Member” or “You/Your”) acknowledge and confirm that You:

• Have read and understand these Burbank Water and Power Cool Rewards Program Terms and Conditions (“Terms and Conditions”) and Burbank Water and Power’s terms for participation in the Program,
• Have read, understand and agreed to OATI’s Terms and Conditions, as they may be updated from time to time, which are incorporated by reference as made available here: https://www.oati.com/Solution/Smart-Energy/Smart-Thermostat/OATI,
• Agree to allow Burbank Water and Power to remotely inform Your Smart Thermostat device of the existence of a demand response event designated by Burbank Water and Power (each, a “DR Event”), causing the device to automatically change the temperature setpoint in Your home without any manual intervention by You,
• Consent to share Your personal information with Burbank Water and Power and OATI solely for the purposes identified below,
• Remain responsible for maintenance, repair and replacement of the device system, at Your own expense,
• Agree to comply with all applicable laws, rules, codes and regulations; and
• Understand that the Program’s eligibility requirements and incentives may be modified or the Program may be terminated at any time and for any reason without notification.

General Information

The Program is a voluntary program made available by Burbank Water and Power to its residential electric members for the purpose of managing demand in the pursuit of lowering energy costs and increasing reliability. To determine if you qualify for the Program and apply for enrollment into the Program, visit https://burbankwaterandpower.com/cool-rewards.

Qualifying residential and small commercial electric members will have the opportunity to earn an incentive from Burbank Water and Power by allowing Burbank Water and Power to control the use of their central cooling unit (“Equipment”) through their qualifying smart thermostat between May 1st and October 31st when the demand for electricity is the highest (“Program Season”).

Incentive amount and description: Upon acceptance into the Program, BWP will provide a one-time $75 enrollment bill credit per connected thermostat. Qualifying residential electric customers will have the opportunity to earn an incentive from BWP by allowing BWP to control the use of their air conditioning unit (“Equipment”) through their qualifying smart thermostat between May 1^st and October 31^st when the demand for electricity is the highest (“Program Season”). For Your participation in the Program during the Program Season and full compliance with these Terms and Conditions BWP will provide you with the $50 participation bill credit per Program Season after the Program Season has ended. To be eligible for the $50 participation bill credit per connected thermostat for a particular program year, You must enroll by June 1^st and remain enrolled for the entire program season. BWP reserves the right to remove your participation incentive or program enrollment for any reason and at any time. By enrolling in this Program, You agree to give permission to BWP to analyze Your customer electric meter data in relation to program outcomes. DR Events may take place from May 1 through October 31, between 12 p.m. and 9 p.m. BWP may initiate up to 20 DR Events per summer, with a maximum of three DR Events per calendar week (one per day).

Below are important terms that You must understand and agree to in order to participate in the Program:

1. Eligibility: This is a voluntary program for Burbank Water and Power’s residential and small commercial electric customers. To be eligible for the Program, in addition to agreeing to these Terms and Conditions and any other requirements stated by Burbank Water and Power, You must: (1) have a residential or small commercial electric service account, in good standing, with Burbank Water and Power; (2) have an installed, operable, and compatible Smart Thermostat controlling Equipment, at Your service address; (3) own the property at Your service address or otherwise have secured permission to have installed and to operate the compatible Smart Thermostat controlling Equipment and (4) maintain Equipment as the primary cooling (or heating) control system(s) at Your service address.
2. Device Connectivity and Access for Burbank Water and Power: To participate in the Program, You must allow Burbank Water and Power access to control Your Smart Thermostat and Equipment. You are responsible for acquiring and maintaining: (i) a working and reliable internet connection and Wi-Fi network (if Smart Thermostat requires Wi-Fi) and other related equipment in Your home that is positioned to communicate reliably; (ii) an internet service provider (“ISP”); (iii) other system elements that may be specified as required by Burbank Water and Power or the manufacturer of any required equipment (i.e. smart phone apps and active accounts with Your Smart Thermostat’s manufacturer). You are responsible for all fees charged by the ISP in connection with participation in the Program. You agree to use best efforts to maintain and repair Your Equipment to keep it/them in satisfactory operating condition. You must satisfy these requirements for as long as You are in the Program, using best efforts to maintain connectivity of Your Smart Thermostat, and ensure it is online and able to be called upon during a DR Event. Your participation in the Program may be terminated in the event that Burbank Water and Power is unable to communicate with or access Your Smart Thermostat and communication or access is not restored within thirty (30) days. If communication or access is restored at a future date, You may opt back in if the Program is accepting new participants.
3. Program Modification or Termination: Burbank Water and Power may modify or terminate the Program for any reason including, but not limited to, change in regulations and/or not receiving approvals from electricity grid governing bodies; decision of Burbank Water and Power to modify or discontinue the Program; changes by the Smart Thermostat manufacturer(s) or discontinuance of support for the Program; and other such DR Events. If any of these happen, Burbank Water and Power will notify You. You may not receive further Program incentives after such termination of the Program.
4. Control of Device: You acknowledge and agree that Burbank Water and Power may control Your Smart Thermostat device(s) in Your home to remotely trigger a DR Event that will cause Your Smart Thermostat to automatically change the temperature set point on that day, without any manual intervention by You. You will have the ability to opt out of DR Event control and override any Burbank Water and Power control simply by adjusting Your Smart Thermostat to a different temperature or, where supported by Your Smart Thermostat manufacturer, by using the mobile or web application You regularly use with Your Smart Thermostat. Program DR Events may take place during the Program Season, between 12:00pm and 09:00pm. Burbank Water and Power may initiate a maximum of three DR Events per calendar week (one per day). Each DR Event may last up to, but not longer than, four hours.
5. Data Access: By submitting Your enrollment information for consideration to participate in the Program You authorize Burbank Water and Power and OATI and their respective agents, contractors, and service providers, to collect and share Your personal information or data related to Your enrollment and participation in the Program, which can include but is not necessarily limited to Your name, email address, service address, utility account number, thermostat serial number, activation date, Your enrollment information, statistics and data about Your energy use, any opt out decisions or actions by You, or other information related to Your participation in the Program. Any personal information or data collected by Burbank Water and Power and/or OATI during the course of the Program will be used only for administering or reporting on the Program pursuant to these Terms and Conditions. This information will be used by Burbank Water and Power for the administration, evaluation, and reporting on the Program in accordance with Burbank Water and Power’s Privacy Statement available at https://www.burbankwaterandpower.com/privacy. You agree that information about Your service account, energy usage, and devices connected to Your service account, as well as any information You provide while applying for the Program or that is related to the Program may be shared by Burbank Water and Power for the purpose of ensuring enrollment eligibility, compliance with Program requirements and analyzing program performance data. You consent to receive emails and other notifications sent by the Utility related to Your participation in the Program.

You authorize Burbank Water and Power to contact You by email and other means for items and issues related to the Program, including but not limited to, providing advanced notice when DR Events are scheduled to occur. You acknowledge and agree that Burbank Water and Power retains all rights to energy and demand savings resulting from the measures installed under this Program for the duration of the Program.

Burbank Water and Power may summarize or provide information about the results of the Program in publicly available studies or reports. In such case, data will be anonymized in a way that You cannot be individually identified. By signing up to participate in the Program, You consent to this information being accessed and provided to or by Burbank Water and Power and/or OATI and/or their respective agents, contractors, and service providers.

6. Enrollment & Term: Agreement with these Terms and Conditions shall be effective commencing on Your submission of enrollment information and continue in effect in perpetuity unless or until terminated by either party. Either party may terminate these Terms and Conditions for any reason by providing the other party written or verbal notice to the other party. Participation in the Program is voluntary and You may withdraw from the Program at any time. Withdrawal may render You ineligible to receive program incentives or future Program participation. You may provide written notice to Burbank Water and Power’s Sustainability, Marketing, and Strategy division at the following address: bwpconservation@burbankca.gov or Attn: Sustainability, Marketing, and Strategy 164 W Magnolia Blvd, Burbank, CA 91502.

If You violate these Terms and Conditions, Burbank Water and Power may immediately terminate Your participation in the Program, and may elect to disqualify You from eligibility for incentives and/or future participation in the Program.  Burbank Water and Power reserves the right to unilaterally remove You from the Program based upon level of participation (such as being offline for prolonged periods or for lack of participation) or for any other reason without liability or penalty.  A notice will be sent to you after they have been removed from the Program.

General Provisions: These Terms and Conditions are governed and construed and enforced in accordance with the laws of the State of California without regard to its choice of law provisions. These Terms and Conditions supersede any prior agreements and contain the entire agreement of the parties and all representations with respect to the subject matter hereto. Any prior correspondence, memoranda or agreements are replaced in total by these Terms and Conditions. The waiver of any of the rights or remedies arising pursuant to these Terms and Conditions on any occasion by any party shall not constitute a waiver of any rights or remedies in respect to any subsequent breach or default of the terms of these Terms and Conditions. As a condition of participating in this Program, You agree that all disputes that cannot be resolved amicably will be resolved individually, and will not be subject to class action or other similar process. You waive all rights or claims for incidental, punitive, consequential, or other special damages, including attorneys’ fees.

Liability: You assume all risk of participation in the program. In no event shall Burbank Water and Power nor any of its program implementation contractors or subcontractors be liable for any direct, indirect, special, punitive, incidental, or consequential damages to any persons or property resulting from or arising out of any use, repair, delay in repairing, replacement of, modification to, unavailability of, or status of the device system. Burbank Water and Power nor any of its program implementation contractors or subcontractors shall be responsible for any costs related to the repair, maintenance or replacement of Your device system.

Indemnification; Hold Harmless: You agree to indemnify, release and hold harmless the City of Burbank, including its Burbank Water and Power and its officers, employees, program implementation contractors and subcontractors (“Burbank Indemnitees”) for any liability, claim, demand, cause of action, injury, expense, or damage to any persons or property arising from their access and use of Your smart thermostat device or system, or caused by any breach of these terms and conditions by You, Your negligence or that of Your household members, agents, servants, employees, tenants, licensees, invitees, tenant’s invitees, or independent contractors. To the maximum extent permitted by law, you agree to hold Burbank Indemnitees harmless for any injury or damage caused or claimed to be caused by participation in the program for: (1) death or personal injury arising as a result of out of the Program; or (2) losses or claims arising or in connection with the Program. Burbank Water and Power has no liability to any participant for any loss, damage, costs or expense incurred as a result of or in connection with Your participation in the program.

SMART THERMOSTAT PROGRAM TERMS AND CONDITIONS

Welcome to the United Power Smart Rewards Program! The Smart Rewards Program (“Program”) allows you to participate in a program offered by United Power ( “Utility”) through which you may receive incentives for your continued enrollment. United Power has contracted with Open Access Technology International, Inc. (“OATI”), a company that offers demand response management systems, to provide services allowing United Power to schedule and manage limited duration control of Smart Thermostat devices enrolled into the Program.
By submitting your enrollment information for consideration for acceptance to participate in the Program you (“Member” or “You/Your”) acknowledge and confirm that You:

• Have read and understand these United Power Smart Rewards Program Terms and Conditions (“Terms and Conditions”) and United Power’s terms for participation in the Program,
• Have read, understand and agreed to OATI’s Terms and Conditions, as they may be updated from time to time, which are incorporated by reference as made available here: https://www.oati.com/Solution/Smart-Energy/Smart-Thermostat/OATI,
• Agree to allow United Power to remotely inform Your Smart Thermostat device of the existence of a demand response event, causing the device to automatically change the temperature setpoint in Your home without any manual intervention by You,
• Consent to share Your personal information with United Power and OATI solely for the purposes identified below,
• Remain responsible for maintenance, repair and replacement of the device system, at Your own expense, and
• Understand that the Program’s eligibility requirements and incentives may be modified or the Program may be terminated at any time and for any reason without notification.

General Information
The Program is a voluntary program made available by United Power to its residential electric members for the purpose of managing demand in the pursuit of lowering energy costs. To determine if you qualify for the Program and apply for enrollment into the Program, visit https://www.unitedpower.com/smart-rewards.

Qualifying residential electric members will have the opportunity to earn an incentive from United Power by allowing United Power to control the use of their central air conditioning unit (“Equipment”) through their qualifying smart thermostat between June 1st and September 30th when the demand for electricity is the highest (“Program Season”). Equipment does not include any type of window unit air conditioners.

For Your participation in the Program and full compliance with these Terms and Conditions United Power will provide You with a $30 bill credit per Program Season after the Program Season has ended.

Below are important terms that You must understand and agree to in order to participate in the Program:

General Provisions: These Terms and Conditions are governed and construed and enforced in accordance with the laws of the State of Colorado without regard to its choice of law provisions. These Terms and Conditions supersede any prior agreements and contains the entire agreement of the parties and all representations with respect to the subject matter hereto. Any prior correspondence, memoranda or agreements are replaced in total by these Terms and Conditions. The waiver of any of the rights or remedies arising pursuant to these Terms and Conditions on any occasion by any party shall not constitute a waiver of any rights or remedies in respect to any subsequent breach or default of the terms of these Terms and Conditions. As a condition of participating in this Program, You agree that all disputes that cannot be resolved amicably will be resolved individually, and will not be subject to class action or other similar process. You waive all rights or claims for incidental, punitive, consequential, or other special damages, including attorneys’ fees.

Eligibility: This is a voluntary program for United Power’s residential electric members. To be eligible for the Program, in addition to agreeing to these Terms and Conditions and anyother requirements stated by United Power, You must: (1) have a residential electric service account, in good standing, with United Power; (2) have an installed, operable, and compatible Smart Thermostat controlling Equipment, at Your service address; and (3) maintain Equipment as the primary cooling (or heating) control system(s) at Your service address.

Device Connectivity and Access for United Power: To participate in the Program, You must allow United Power access to control Your Smart Thermostat and Equipment. You are responsible for acquiring and maintaining: (i) a working and reliable internet connection and Wi-Fi network (if Smart Thermostat requires Wi-Fi) and other related equipment in Your home that is positioned to communicate reliably; (ii) an internet service provider (“ISP”); (iii) other system elements that may be specified as required by United Power or the manufacturer of any required equipment (i.e. smart phone apps and active accounts with Your Smart Thermostat’s manufacturer). You are responsible for all fees charged by the ISP in connection with participation in the Program. You agree to use best efforts to maintain and repair Your Equipment to keep it/them in satisfactory operating condition. You must satisfy these requirements for as long as You are in the Program, using best efforts to maintain connectivity of Your Smart Thermostat, and ensure it is online and able to be called upon during a program event. Your participation in the Program may be terminated in the event that United Power is unable to communicate with or access Your Smart Thermostat and communication or access is not restored within thirty (30) days. If communication or access is restored at a future date, You may opt back in if the Program is accepting new participants.

Program Modification or Termination: United Power may modify or terminate the Program for any reason including, but not limited to, change in regulations and/or not receiving approvals from electricity grid governing bodies; decision of United Power or its Board of Directors to modify or discontinue the Program; changes by the Smart Thermostat manufacturer(s) or discontinuance of support for the Program; and other such events. If any of these happen, United Power will notify You. You may not receive further Program incentives after such termination of the Program. In any event, United Power reserves the right to substitute an incentive of equal value to any described program participation incentive at United Power’s sole discretion at any time.

Control of Device: You acknowledge and agree that United Power may control Your Smart Thermostat device(s) in Your home to remotely trigger an event that will cause Your Smart Thermostat to automatically change the temperature set point on that day, without any manual intervention by You. You will have the ability to opt out of event control and override any United Power control simply by adjusting Your Smart Thermostat to a different temperature or, where supported by Your Smart Thermostat manufacturer, by using the mobile or web application You regularly use with Your Smart Thermostat. You understand that if You opt out or override an event’s control settings during five or more events per Program Season, You will forfeit Your incentives for that Program Season and may affect Your program eligibility. Program events may take place during the Program Season, between 12:00pm and 09:00pm. United Power may initiate a maximum of three events per calendar week (one per day). Each event may last up to, but not longer than, four hours.You authorize United Power to contact You by email and other means for items and issues related to the Program, including but not limited to, providing advanced notice when events are scheduled to occur.

Data Access: By submitting Your enrollment information for consideration to participate in the Program You authorize United Power and their respective agents, contractors, and service providers, to collect and share Your personal information or data related to Your enrollment and participation in the Program, which can include but is not necessarily limited to Your name, email address, service address, utility account number, thermostat serial number, activation date, Your enrollment information, statistics and data about Your energy use, any opt out decisions or actions by You, or other information related to Your participation in the Program. Any personal information or data collected by United Power during the course of the Program will be used only for administering or reporting on the Program pursuant to these Terms and Conditions. This information will be used by United Power for the administration, evaluation, and reporting on the Program in accordance with United Power’s Privacy Statement available at https://www.unitedpower.com/privacy. You agree that information about Your service account, energy usage, and devices connected to Your service account, as well as any information You provide while applying for the Program or that is related to the Program may be shared by United Power for the purpose of ensuring enrollment eligibility, compliance with Program requirements and analyzing program performance data. You consent to receive emails and other notifications sent by the Utility related to Your participation in the Program.United Power may summarize or provide information about the results of the Program in publicly available studies or reports. In such case, data will be anonymized in a way that You cannot be individually identified. By signing up to participate in the Program, You consent to this information being accessed and provided to or by United Power and/or their respective agents, contractors, and service providers.

Enrollment & Term: Agreement with these Terms and Conditions shall be effective commencing on Your submission of enrollment information and continue in effect in perpetuity unless or until terminated by either party. Either party may terminate these Terms and Conditions for any reason by providing the other party written or verbal notice to the other party. Participation in the Program is voluntary and You may withdraw from the Program at any time. Withdrawal may render You ineligible to receive program incentives or future Program participation. You may provide written notice to United Power’s Energy Programs & New Business Department at the following address: dl-newbusiness@unitedpower.com or 500 Cooperative Way, Attn: Energy Programs & New Business, Brighton, CO 80601.If You violate these Terms and Conditions, United Power may immediately terminate Your participation in the Program, and may elect to disqualify You from eligibility for incentives and/or future participation in the Program.

Liability: YOU ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. IN NO EVENT SHALL UNITED POWER NOR ANY OF ITS PROGRAM IMPLEMENTATION CONTRACTORS OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO ANY PERSONS OR PROPERTY RESULTING FROM OR ARISING OUT OF ANY USE, REPAIR, DELAY IN REPAIRING, REPLACEMENT OF, MODIFICATION TO, UNAVAILABILITY OF, OR STATUS OF THE DEVICE SYSTEM. UNITED POWER NOR ANY OF ITS PROGRAM IMPLEMENTATION CONTRACTORS OR SUBCONTRACTORS SHALL BE RESPONSIBLE FOR ANY COSTS RELATED TO THE REPAIR, MAINTENANCE OR REPLACEMENT OF YOUR DEVICE SYSTEM.

Indemnification: YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS UNITED POWER ITS PROGRAM IMPLEMENTATION CONTRACTORS AND SUBCONTRACTORS FOR ANY LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, INJURY, EXPENSE, OR DAMAGE TO ANY PERSONS OR PROPERTY ARISING FROM THEIR ACCESS AND USE OF YOUR SMART THERMOSTAT DEVICE OR SYSTEM, OR CAUSED BY ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU, YOUR NEGLIGENCE OR THAT OF YOUR HOUSEHOLD MEMBERS, AGENTS, SERVANTS, EMPLOYEES, TENANTS, LICENSEES, INVITEES, TENANT’S INVITEES, OR INDEPENDENT CONTRACTORS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD UNITED POWER AND ITS PROGRAM IMPLEMENTATION CONTRACTORS AND SUBCONTRACTORS HARMLESS FOR ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE PROGRAM FOR: (1) DEATH OR PERSONAL INJURY ARISING AS A RESULT OF UNITED POWER’S NEGLIGENCE OR BREACH OF CONTRACT; OR (2) UNITED POWER’S FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. UNITED POWER HAS NO LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM.

Thermostat Energy Management Program (TEMP) TERMS AND CONDITIONS

Welcome to the Trico Electric Cooperative (Trico) Thermostat Energy Management Program (TEMP)! The TEMP Program (“Program”) allows you to participate in a program offered by Trico Electric Cooperative, Inc. (“Trico” or “Utility”) through which you may receive incentives for your continued enrollment.

Trico has contracted with Open Access Technology International, Inc. (“OATI”), a company that offers demand response management systems, to provide services allowing Trico to schedule and manage limited duration control of Smart Thermostat devices enrolled into the Program.

By submitting your enrollment information for consideration for acceptance to participate in the Program you (“Member” or “You/Your”) acknowledge and confirm that You:

• Have read and understand this Agreement and Trico’s terms for participation in the Program;
• Have read, understand, and agreed to comply with the terms of the Demand Response Program – Thermostat Program Rider Agreement (www.Trico.coop), the applicable Trico tariff, Trico’s terms for participation in the Program, and Trico’s Rules, Regulations and Line Extension Policies all of which are incorporated by reference;
• Have read, understand and agreed to OATI’s Terms and Conditions, as they may be updated from time to time, which are incorporated by reference as made available here: https://www.oati.com/Solution/Smart-Energy/Smart-Thermostat/OATI;
• Agree to allow Trico to remotely inform your Smart Thermostat device of the existence of a demand response event, causing the device to automatically change the temperature setpoint in your home without any manual intervention by you;
• Consent to share your personal information with Trico OATI solely for the purposes identified below;
• Remain responsible for maintenance, repair and replacement of the device system, at your own expense; and
• Understand that the Program’s eligibility requirements and incentives may be modified or the Program may be terminated at any time and for any reason without notification.

General Information

The Program is a voluntary program made available by Trico to its residential and small commercial electric customers (as limited by and subject to the terms of the applicable Tariff and/or Rider, approved by the Arizona Corporation Commission) for the purpose of managing demand in the pursuit of lowering energy costs and providing cost-effective, sustainable energy solutions. To apply for enrollment into the Program, visit www.trico.coop.

Qualifying Members will have the opportunity to earn an incentive from Trico by allowing Trico to control the use of their smart thermostat through their qualifying smart thermostat between June 1^st and September 30^th when the demand for electricity is the highest.

For your participation in the TEMP Program and full compliance with these terms and conditions Trico will provide you with the incentives described in the applicable rate tariff and/or rider.

Below are important terms that you must understand and agree to in order to participate in the Program:

Eligibility: This is a voluntary program for Utility’s eligible electric customers. To be eligible for the Program, in addition to agreeing to this Agreement and any all applicable tariffs, riders, rules, terms and conditions, you must: (1) have an electric service account, in good standing, with Trico; (2) have an installed, operable, and compatible Smart Thermostat controlling your air conditioning units, at your service address (Trico shall have sole discretion to determine the number of thermostats that are eligible for incentives); and (3) maintain the air conditioning equipment and Smart Thermostat unit as the primary cooling control system(s) at your service address.

Trico shall have all rights described in the applicable tariff, rider, and rules, regulations and lines extension policies, as amended from time to time.

Device Connectivity and Access for Trico: To participate, you must allow Trico access to control your device. You are responsible for acquiring and maintaining: (i) a working and reliable internet connection and Wi-Fi network (if device requires Wi-Fi) and other related equipment in your home that is positioned to communicate reliably; (ii) an internet service provider (“ISP”) providing reliable service; (iii) other system elements that may be specified as required by Trico or the manufacturer of any required equipment (i.e. smart phone apps and active accounts with the smart thermostat manufacturer). You are responsible for all costs for the device, internet connection, system elements, and for all fees charged by the ISP in connection with participation in the Program. You agree to use best efforts to maintain and repair your Wi-fi, internet service, system elements, thermostat, and air conditioning equipment to keep it/them in satisfactory operating condition.

You must satisfy these requirements for as long as you are in the Program, using best efforts to maintain connectivity of your Smart Thermostat, and ensure it is online and able to be called upon during a Program event. Your participation in the Program may be terminated in the event that Trico is unable to communicate with or access your Smart Thermostat and communication or access is not restored within thirty (30) days. If communication or access is restored at a future date, you may opt back in if the program is accepting new participants and Trico approves, in its sole discretion.

Program Modification or Termination: Trico may modify or terminate the Program for any reason including, but not limited to, change in regulations and/or not receiving approvals from governing regulators; decision of a Utility’s Board to modify or discontinue the Program; Smart Thermostat Manufacturer changes or discontinuance of support for the Program; and other such events. If any of these happen, Trico will notify you. You may not receive further Program incentives after such termination of the Program. In any event, Trico reserves the right to substitute an incentive of equal value to any described program participation incentive at Trico’s sole discretion at any time.

Control of Device: You acknowledge and agree that Trico may control your Smart Thermostat device(s) in your home to remotely trigger an event that will cause your Smart Thermostat to automatically change the temperature set point (both up and down as described in the applicable Rider) on that day, without any manual intervention by you. You will have the ability to opt out of event control and override any Trico control by adjusting your Smart Thermostat to a different temperature or, where supported by your Smart Thermostat Manufacturer, by using the mobile or web application you regularly use with your Smart Thermostat. You understand that if you opt out or override an event’s control settings, you may affect your incentives or program eligibility. Program events may take place during the time periods identified in the Program rider, rate and/or tariff.

Events may be called from June 1 to September 30 (“Program Season”), under the following criteria:

For All Thermostats (Please review tariff and/or rider on Trico’s website www.trico.coop for any updates or changes)

• Maximum of four hours per Event
• Any day of the week including weekends and holidays
• One Event per day
• Thermostat may be increased up to four degrees above initial set point during the duration of each Event
• Thermostat may be lowered by three degrees up to one-hour prior to the called Event period
• Thermostat will be returned to its initial set point at the conclusion of the Event
• Events are identified and called in Trico’s sole discretion.

You authorize Trico to contact you by email, phone, text, push notification, and other means for items and issues related to the Program, including but not limited to, providing advanced notice when events are scheduled to occur. Trico shall have discretion to determine the method for notice.

Data Access, Usage and Sharing: By submitting your enrollment information for consideration to participate in the TEMP Program, You authorize Trico, OATI, and their respective agents, contractors, and service providers, to collect, review, and share your personal information or data related to your enrollment and participation in the Program, which can include but is not necessarily limited to your name, email address, service address, utility account number, thermostat serial number, activation date, your enrollment information, statistics and data about your energy use, any opt out decisions or actions by you, or other information related to your participation in the Program. Any personal information or data collected by Tricos or OATI during the course of the Program will be used for administering the Program, planning purposes, analysis, and reporting on the Program pursuant to this Agreement. This information will also be used by Trico and OATI for administration, evaluation, and reporting on the Program, and analyzing the need for other programs and options and verifying the size, scope and activity of the Program.

You agree that information about Your service account, energy usage, and devices connected to Your service account, as well as any information You provide while applying for the Program or that is related to the Program may be shared by the Utility and OATI for the purpose of ensuring enrollment eligibility, compliance with Program requirements and analyzing and reporting on program performance data. You consent to receive emails and other notifications sent by the Utility and OATI related to your participation in the Program.

The Utility and OATI may summarize or provide information about the results of the Program in publicly available studies or reports, including but not limited to reports to Trico’s balancing authority, market regulators, or other regulatory entities. In such case, data will be anonymized in a way that you cannot be individually identified. By signing up to participate in the Program, You consent to this information being accessed and provided to or by Trico, OATI, and/or their respective agents, contractors, and service providers.

Enrollment & Term: Agreement with these terms and conditions shall be effective commencing on your submission of enrollment information and continue in effect in perpetuity unless or until terminated by either party. Either party may terminate this Agreement for any reason by providing the other party written or verbal notice to the other party. Participation in the Program is voluntary and you may withdraw from the Program at any time. Withdrawal may render you ineligible to receive Program incentives or participate in the Program in the future. You may provide written notice to Trico at the following address: Trico Electric Cooperative PO Box 930 Marana, AZ 85653 and/or programs@trico.coop.

If you violate the terms and conditions of this Agreement, Utility may immediately terminate your participation in the Program, and may elect to disqualify you from eligibility for incentives and/or future participation in the Program.

Liability: YOU ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. IN NO EVENT SHALL TRICO (INCLUDING SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, INSURERS AND CONTRACTORS) NOR ANY OF THEIR PROGRAM IMPLEMENTATION CONTRACTORS OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO ANY PERSONS OR PROPERTY RESULTING FROM OR ARISING OUT OF ANY USE, REPAIR, DELAY IN REPAIRING, REPLACEMENT

OF, MODIFICATION TO, UNAVAILABILITY OF, OR STATUS OF THE DEVICE SYSTEM. TRICO NOR ANY OF THEIR PROGRAM IMPLEMENTATION CONTRACTORS OR SUBCONTRACTORS SHALL BE RESPONSIBLE FOR ANY COSTS RELATED TO THE REPAIR, MAINTENANCE OR REPLACEMENT OF YOUR THERMOSTATE, AIR CONDITIONING, WIFI, DEVICES OR DEVICE SYSTEM.

Indemnification: YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS TRICO (INCLUDING SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, INSURERS AND CONTRACTORS) THEIR PROGRAM IMPLEMENTATION CONTRACTORS AND SUBCONTRACTORS FOR ANY LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, INJURY, EXPENSE, OR DAMAGE TO ANY PERSONS OR PROPERTY ARISING FROM THEIR ACCESS AND USE OF YOUR SMART THERMOSTAT DEVICE OR SYSTEM, OR CAUSED BY ANY BREACH OF THIS AGREEMENT BY YOU, YOUR NEGLIGENCE OR THAT OF YOUR HOUSEHOLD MEMBERS, AGENTS, SERVANTS, EMPLOYEES, TENANTS, LICENSEES, INVITEES, TENANT’S INVITEES, OR INDEPENDENT CONTRACTORS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD TRICO (INCLUDING SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, INSURERS AND CONTRACTORS)  THEIR PROGRAM IMPLEMENTATION CONTRACTORS AND SUBCONTRACTORS HARMLESS FOR ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE PROGRAM FOR: (1) DEATH OR PERSONAL INJURY ARISING AS A RESULT OF THE UTILITY’S NEGLIGENCE OR BREACH OF CONTRACT; OR (2) THE UTILITY’S FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. THE UTILITY HAS NO LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM.

General Provisions: This Agreement is governed and construed and enforced in accordance with the laws of the State of Arizona without regard to its choice of law provisions. This Agreement supersedes any prior agreements and contains the entire agreement of the Parties and all representations with respect to the subject matter hereto. Any prior correspondence, memoranda or agreements are replaced in total by this Agreement. The waiver of any of the rights or remedies arising pursuant to this Agreement on any occasion by any Party shall not constitute a waiver of any rights or remedies in respect to any subsequent breach or default of the terms of this Agreement. As a condition of participating in this Program, You agree that all disputes that cannot be resolved amicably will be resolved individually, and will not be subject to class action or other similar process. You waive all rights or claims for incidental, punitive, consequential, or other special damages, including attorneys’ fees. To the extent permitted by law, any dispute arising in relation to this Agreement shall be subject to arbitration in accordance with the Arizona Revised Uniform Arbitration Act (ARS 12-3001 et seq.), with such arbitration to occur in Tucson, Arizona.

EnergySync Program

TERMS & CONDITIONS

All participants must be 18 years or older. These terms form a legally binding agreement with respect to the EnergySync Demand Response Program.   

You will not become a “Participant” in the Program until your application has been accepted and approved by TID. 

Participation is on a voluntary basis.

Customers must enroll by June 30^th of the current season to be eligible for the annual incentive. 

Enrollment incentive will be a one-time issued incentive per the TID service agreement.

Please allow four to six weeks after enrollment to receive your enrollment incentive. 

Must be an active customer throughout the season and participate in at least 60% of total eligible event run time(s). Customers who do not have an active account at the conclusion of the season (October 31st) will not be eligible for the participation incentive.

Annual participation incentives will be paid per enrolled Wi-Fi enabled thermostat(s).

Please allow four to six weeks after the end of the season to receive your annual participation incentive. 

TID disclaims any and all liability for loss or damage which may arise as a result of the applicant’s participation in this program and makes no express or implied representations or warranties regarding participant’s use of the product.

Thermostat manufacturers may have additional terms and conditions that are applicable to the EnergySync Program.

TID reserves the right to change or terminate the program without prior notice. Please visit TID.org/DemandResponse for details.