Thank you for your interest in participating in Puget Sound Energy’s Peak Energy
Rewards program (the “Program”). The Program is offered by Puget Sound Energy
(PSE), and its subcontractor, AutoGrid, Inc, and Energy 350, Inc. (collectively,
"Contractors"). These Terms of Use (these “Terms”) are a legal agreement between the
undersigned customer (“You”), PSE and its Contractors governing Your participation in
the Program.
BY COMPLETING YOUR ENROLLMENT IN THE PROGRAM OR BY OTHERWISE
PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT PARTICIPATE IN THE
PROGRAM.
You certify that all information entered into this site for enrollment into the
Program is
accurate and complete. In order to qualify, You cannot be listed in the Medical Equipment
Registry.
- The Program.
1.1. Program Term. The
Program is
available until December 31, 2029, unless the program
is extended by Puget Sound Energy, in which case Your participation in the Program will
continue without further notice to You until the You terminate Your participation from the
Program, as provided herein. If the Program is
not
extended by Puget Sound Energy,
Your
participation in the Program will terminate on December 31, 2029 without notice to You,
unless
Your participation is sooner terminated in accordance with Article 10 below.
1.2. Changes. PSE reserves the right, in its
sole
discretion, to modify or to discontinue the
Program at any time.
1.3. Devices. By participating in the Program
You
hereby grant to PSE the right to remotely
access and control one or more thermostats, and/or water heater (if applicable) at the
address
You are enrolling (each, Your “Device”). When You authorize a Device, You may be presented
with additional terms from the Device manufacturer (the “Manufacturer”). These Terms are in
addition to, and are not replaced by, those terms. By authorizing a Device, You understand
and agree that You are enabling PSE to control that Device in connection with the Program.
You further authorize PSE and its Contractors to obtain and share information about Devices
used to participate in the Program with Manufacturers in order to facilitate Your
participation
in the Program and validate Your compliance with Program requirements.
1.4. Control. As part of this Program, PSE
will
call events to make changes to the temperature
set point on Your Device without any manual intervention by You. At any time that You
desire,
You may override this temperature set point simply by turning Your Device to a different
temperature or using the other methods enabled by the Device Manufacturer. Overriding the
temperature set point will not result in Your disqualification for Incentives offered to
Program
participants as described below. Continued overriding of your thermostat, or consistent lack
of participation in called events may result in Your termination of your enrollment status
of
the
Program, further detailed in Article 10.
1.5. Communications. As part of this Program,
you
may receive important notifications
including but not limited to topics such as Program changes, your Program enrollment status,
and Incentive payment notifications. These are not marketing emails, and only serve to
provide important information specific to the Program. You may opt-out of these emails at
any
time upon receipt. Opting-out of Program emails will prevent you from receiving
notifications
about program changes, Your Program enrollment status, and incentive payments. In the
scenario that You opt-out of emails, you are agreeing to not receive information such as
Program updates, enrollment status, and incentive information, and will not hold PSE
responsible for providing updates in regards to the Program, Your enrollment status, or
Incentive payment updates.
- Eligibility. This program is available to
select PSE customers only. In order to register
for the Program, You agree to provide PSE information to verify Your eligibility for the
Program. You agree that the information You provide to PSE in connection with the Program
(“User Data”) will be true, accurate, current and complete. Eligibility requirements are
listed at
your Manufacturer’s enrollment page, and made available by request from Energy 350. You
understand that the Program is available until termination and that incentive amounts
are
subject to change without notice.
- Incentives. In connection with the Program, PSE may
offer certain rebates, offers, or other
incentives (“Incentives”) contingent on Your enrollment in the Program. PSE reserves the
right
to determine qualification for Incentives in its sole discretion.
- Your Information. You
authorize
PSE to share information about Your account including, but
not limited to, Your name, street address, account number, electrical usage, Device and
billing
information with their approved Contractors hired to implement
and
measure the performance
of the Program. Customer data will be kept
confidential by the Contractors and will not be
used for any purpose other than implementation of the Program. By submitting User Data
and
any other data, materials, or information in connection with the Program, You are
licensing
such information to PSE and its Contractors for the purpose of providing the Program. In
addition, You hereby authorize PSE and its Contractors to access Your information
maintained by PSE and/or the Device Manufacturer solely in order for PSE and its
Contractors
to provide the Program and confirm Your eligibility. For example, You authorize PSE and its
Contractors to obtain and share information about Devices used to participate in the
Program
with Device Manufacturers in order to facilitate Your participation in the Program and
validate
Your compliance with Program requirements. You understand and agree that by authorizing
PSE to control Your Device in connection with the Program, PSE may receive access to
data
from Your Device directly, including data collected from its sensors. For the avoidance
of
doubt, notwithstanding anything to the contrary in these Terms, PSE retains its right to
access
and utilize Your Customer Data to provide You with utility service and manage its
electrical
system, independently from this Program.
- Personal Non-Commercial Use. The Program is offered
for
Your own personal, noncommercial
use. Any commercial utilization of the Program is expressly prohibited unless
otherwise authorized by PSE. In the instance of PSE authorizing commercial use of the
Program, the full Program Terms are applicable.
- Costs. PSE is not responsible for costs associated
with
providing the systems necessary for
You to participate in the Program, such as Devices or internet access.
- No Warranty; Disclaimer. YOUR PARTICIPATION IN THE
PROGRAM IS AT YOUR SOLE
DISCRETION AND RISK. THE PROGRAM IS OFFERED “AS IS” AND “AS AVAILABLE”
WITHOUT WARRANTIES OF ANY KIND. PSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING
TO
THE PROGRAM, WHETHER EXPRESS,
IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES FOR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION
OR INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY) AND ANY WARRANTIES
OR CONDITIONS ARISING UNDER ANY OTHER LEGAL REQUIREMENT. PSE MAKES
NO WARRANTIES THAT THE OPERATION OF THE PROGRAM WILL BE
UNINTERRUPTED OR ERROR-FREE.
PSE MAKES NO GUARANTEE OF AN
UNINTERRUPTED SUPPLY OF POWER.
- Indemnification. To the fullest extent permitted by
applicable law, You agree to indemnify,
and hold PSE, its officers, directors, employees, and agents (each, an “Indemnified Party”),
harmless from and against any claims, liabilities, damages, losses, and expenses, including
without limitation reasonable attorney’s fees and costs, arising out of or in any way
connected
with Your participation in the Program. You have no obligation to indemnify an Indemnified
Party to the extent of the sole negligence, or willful misconduct of such Indemnified Party.
- Limitation of Liability.
9.1. Limitation of Liability. YOU AGREE THAT,
TO
THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PSE OR ITS CONTRACTORS
BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM, EVEN IF PSE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE
DISSATISFIED WITH THE PROGRAM OR WITH ANY OF THESE TERMS, OR FEEL PSE
HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE PARTICIPATION IN THE PROGRAM.
9.2. Exclusions. NOTHING IN THESE TERMS AND
IN
PARTICULAR WITHIN THIS
“LIMITATION OF LIABILITY” CLAUSE SHALL ATTEMPT TO EXCLUDE LIABILITY THAT
CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR A
PARTY’S FRAUD, WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER, OR
VIOLATION OF LAW, WHETHER WILFUL OR NEGLIGENT.
- Termination.
10.1. Termination By PSE.
PSE may terminate the Program, or Your participation in the
Program, at any time, with or without cause, by providing You with written notice of such
termination, which may be via email.
10.2.
Your Termination. You may terminate
Your participation at any
time and for any reason
by unenrolling in the Program via your thermostat’s unenrollment process, sending an email
to
PeakEnergyRewards@pse.com,
or calling the Energy 350 at (833) 203-1947.
10.3. Rights at Termination. Upon
termination,
all rights granted to You by these Terms will
immediately cease.
10.4. Survival. Any suspension, termination
or
cancellation of the Program will not affect Your
obligations under these Terms which are intended to survive such suspension, termination or
cancellation.
- General.
11.1. Applicable Law and Dispute Resolution.
These Terms shall be governed by the laws of
the State of Washington, without giving effect to any conflict of laws or principles that
may
require the application of the law of another jurisdiction
11.2. Consent and Capacity.
You represent that You are over 18 years of age and have the
necessary legal capacity to execute this agreement and that You are
an
authorized
representative with authority to legally bind the account holder designated below. You
represent that You have received the necessary consents and approvals from the
owner(s)
or occupant(s) of any premises that is participating in the Program. You are solely
responsible
for any failure to receive necessary consents and approvals for the installation of
qualifying
equipment, including Devices, within Your residence or qualifying property and participation
in the Program. Your participation is completely voluntary, and You can decide to withdraw
at
any point in the Program.
11.3. Entire Agreement. These Terms are the
entire and exclusive agreement between PSE,
Contractor, and You regarding the Program, and supersede and replace any prior agreements
regarding the same. This is not a contract for utility service. Utility service provided to
You
by
PSE remains subject to all PSE terms, conditions, rates, regulations, municipal codes, and
policies.
11.4. No Assignment. You will not assign
these
Terms or assign any rights or delegate any
obligations hereunder, in whole or in part, whether voluntarily or by operation of law,
without
the prior written consent of PSE. Any purported assignment or delegation by You without the
appropriate prior written consent of PSE will be null and void.
11.5. Severability and Waiver. In the event
that
any provision in these Terms is held to be
invalid or unenforceable, the remaining provisions will remain in full force and effect. The
failure of PSE to enforce any right or provision of these Terms will not be deemed a waiver
of
such right or provision.
11.6.
Questions. If You
have questions about these Terms or the Program, please contact the
Program team at PeakEnergyRewards@pse.com. We will communicate with You regarding
this Program at the email address provided in the enrollment form.
11.7. By participating in this Program, You agree to receive emails
regarding the Program
from PSE or its Contractors at the email address provided for this Program. These emails may
be sent by PSE or its Contractors. You understand that You may opt
out of these emails at
any time.
