National Grid 2017 coolControl Program Enrollment Agreement

Enrollment Agreement:

  1. I, the Customer (“I”, “me”, “your” or “Customer”), understand that I am enrolling in the Niagara Mohawk Power Corporation d/b/a National Grid (“UTILITY”) “coolControl” program (the “Program”). The Program will provide me with one or more smartAC kits or other thermostat equipment and/or connect me to an energy management platform (“Platform”) that will allow me to better control the energy use of my window/through-the-wall air conditioner unit(s), dehumidifiers, or central air conditioning system (collectively, the “AC Units”). I have one or more AC Units in my home or central air conditioning, and I have a computer with access to the Internet through a WiFi connection. The Program is expected to run until October 31, 2018, and may thereafter renew for additional period(s).
  2. I can participate in the Program by (i) requesting that one or more smartAC kits be provided to me that will contain a modletⓇ (smart plug) to be installed on AC Units or dehumidifiers and a Sensi™ Wi-Fi Programmable Thermostat (in the case of central AC) that will connect to my home WiFi network, (ii) connecting my Friedrich Kühl air-conditioner unit (“Kühl AC”) to the Program Platform through my FriedrichLink WiFi Adapter, (iii) connecting my Frigidaire Comfort Cool Connect Room air conditioner unit (“Frigidaire AC”) through my registered Frigidaire WiFi account or (iv) requesting that an Sensi thermostat be installed in my home which will be connected to my central AC system, and to the Program Platform. (The modlet, Kühl AC, Frigidaire AC, and Sensi thermostat are collectively referred to hereinafter as “Devices”.) Each of these scenarios will allow me to better control my energy use and participate in Events (as defined below). My participation may also be rewarded with incentives as described herein. If I am connecting my Kühl AC, I confirm that I have or will need to purchase a FriedrichLink WiFi Adapter which can be located at: http://shop.friedrich.com/products/friedrichlink-wi-fi-adapter-for-2012-kuhl-models
  3. After installing the smartAC Kits or Sensi thermostat or connecting my Kühl AC or Frigidaire AC to the Program Platform, I will be able to control and monitor my AC Units or thermostat using the Internet and my computer or smart phone (iPhone or Android).
  4. I understand that this Program provides installation and maintenance only for the smartAC kit and the Sensi thermostat. For any other issues pertaining to my heating or air conditioning systems, I should contact my preferred HVAC specialist.
  5. I understand that the UTILITY, ThinkEco, or another company providing Program administration services will inspect my heating/cooling system to determine compatibility with the Program and may recommend additional electrical work. If the inspector concludes that there is a technical issue that would prevent me from participating in the Program safely or effectively, I may not be allowed to participate in the Program. If this conclusion is reached during the course of a scheduled installation appointment, the installer may cancel the installation. In this event, I will be withdrawn from the Program and marked as not eligible due to safety/compatibility issues, and I will not be able to collect the Program incentives for set up or event participation.
  6. In addition to being able to operate AC Units remotely, the Program enables the UTILITY to reduce the overall energy demand during peak periods this summer, typically on weekdays when people generally use the most electricity to cool their homes and offices. During a “Conservation Event,” defined as when the UTILITY will remotely adjust my home’s AC temperature settings (either through the modlet thermostat attached to my window AC Unit, the Kühl AC, the Frigidaire AC, or the Sensi thermostat). The UTILITY expects to call up to 2 Test Events (lasting up to 1 hour) and up to 5 actual Conservation Events during the summer period, (May 1 to September 30) depending upon weather and identified equipment conditions. If I have smartAC kits, I will also receive on-line account access to track my AC Units’ energy usage and see where I can reduce my energy costs.
  7. I understand that it is my responsibility to manage my electricity consumption for my AC Units, central AC, and all of the other energy-using devices in my home, including any charges that I may incur for such use.
  8. I understand that ThinkEco will collect Information about my AC Units’ and central AC’s operation through the smartAC Kit, the Kühl AC, the Frigidaire AC, or the Sensi thermostat and convey such Information to the UTILITY. "Information" includes, among other things, energy use, the dates and times when Conservation Events occurred, and whether or not I participated in the Conservation Events.
  9. I understand that if I successfully install and set up my smartAC Kits or Sensi thermostat or connect my Kühl AC or Frigidaire AC to the Program Platform so that they are communicating energy data to the ThinkEco servers, I will be eligible to receive a $30 incentive (for each device) in the form of a gift card (by physical or electronic delivery). For example, if I set up a smartAC kit and a Frigidaire AC to the Platform, I will be eligible to receive a $60 incentive ($30 per device). The confirmation of whether my device is communicating energy data to the ThinkEco servers is in the sole discretion of ThinkEco. If I abide by the coolControl Program rules during the Program, I will also be able to keep the smartAC Kit(s) or Sensi thermostat at no cost to me. At the conclusion of the coolControl Program, I will receive a follow-up survey to help the UTILITY gauge the Program’s success and I will answer all questions accurately to the best of my ability.
  10. I understand that in order to be eligible for any incentive, I must set-up my device(s) (smartAC kit or Sensi thermostat) so that it is actively reporting my AC Unit’s energy usage data to the Program Platform. In addition, starting with my second year of program participation, if I participate fully in at least 80% of the Conservation Events called during the summer Program season (May 1-September 30), I will be eligible to receive an additional $20 incentive in the form of a gift card (which may be physical or electronic) for each participating device.
  11. I will exercise the same reasonable care over the smartAC Kit or Sensi thermostat or any other equipment/devices provided to me that I exercise over other equipment that I own, and if I do not set-up the smartAC Kit or Sensi thermostat and participate in the Program as described herein, I will return the smartAC Kit or Sensi thermostat to ThinkEco or the technicians who installed it. I will not purposefully damage or alter any of the equipment provided to me.
  12. I will keep the AC Units plugged into the smartAC Kit and allow either the smartAC Kit, Sensi thermostat, Kühl AC, or Frigidaire AC to be connected to the Internet through my WiFi system. I will maintain an account with the company that presently provides this WiFi connection, or with another provider of a WiFi connection, throughout my participation in the Program. If I get a new WiFi network I may need to reconnect my equipment.
  13. I will answer all questions and surveys that the UTILITY or ThinkEco presents to me, to the best of my ability, during my participation in the coolControl Program.
  14. I agree to allow the UTILITY, ThinkEco or a third party under contract with the UTILITY to have access to, collect and analyze information collected by the smartAC Kit, Sensi thermostat, Kühl AC or Frigidaire AC installed in my home and connected to the Program Platform. I understand that my individual information will not be made publicly available by the UTILITY, ThinkEco or a third party under contract with the UTILITY, but it will be grouped and analyzed anonymously along with information from other Program participants, and the anonymous, aggregated results may be made public. However, I understand that the UTILITY, ThinkEco, or a third party under contract with the UTILITY may disclose my individual information to each other for Program and analytic purposes or if compelled by law to do so. Unless the UTILITY, ThinkEco, or a third party under contract with the UTILITY is prohibited by law from doing so, they will use reasonable efforts to provide me with written notice of any requirement that they disclose my individual information before they disclose the information so that I may seek a protective order or other appropriate remedy.
  15. If the smartAC Kit, Sensi thermostat, Kühl AC or Frigidaire AC is not connecting to the Platform (as indicated by my user account information), I may be contacted by ThinkEco (by phone, email, or other means) to have my equipment reviewed. If I have problems connecting to the Program Platform, I will promptly notify ThinkEco at 1-800-688-5281.
  16. If I have any questions about the coolControl Program or the operation of any of the equipment, I will call ThinkEco customer service at 1-800-688-5281 or by email in the contact information located on the Program website.
  17. If I receive a Sensi thermostat, it will be subject to the manufacturer’s (Emerson) warranty. During the length of the coolControl program, any equipment returns will be handled by ThinkEco and the coolControl Program team. After December 31, 2017, I may contact Emerson with any warranty claims.
  18. If at any time I decide to not participate in the coolControl Program, or if I plan to move from the address where the smartAC Kit is installed during the Program period, I will contact ThinkEco customer service at 1-800-688-5281 to arrange to return the smartAC Kit equipment in good working condition. A postage paid return mailing label is provided to the customer.
  19. I understand that if I receive a Sensi thermostat I will also taking possession of my old thermostat. If for any reason I am not satisfied with the Sensi thermostat within 30 days of the installation date, the coolControl Program will reinstall my old thermostat. In this case, I am responsible for holding onto the old thermostat so that it may be reinstalled. The coolControl Program and any providers of Program services are not responsible for any malfunctioning of the old thermostat or of the heating and cooling systems once it has been reinstalled.
  20. I understand that the UTILITY may change or discontinue the Program at any time. If the Program is changed or discontinued, provided that I have complied with the set-up procedures, I may retain my smartAC kit and/or Sensi thermostat at no cost to me. (For more information regarding changes to or termination of the Program, see “Modifications and Termination of the coolControl Program” below).

Modifications and Termination of the coolControl Program

  1. The Program’s sponsors (the UTILITY) may elect to terminate the coolControl Program at any time, and for any reason. Announcement of the Program termination, and notification of any changes to the terms and conditions of this Enrollment Agreement, will be made either by email message to you or a posting on the coolControl website. Any changes to these terms and conditions will be effective immediately upon such notice, and your continued participation in the Program constitutes your acceptance of any such changes.

Rights of Program Sponsor and Administrator

  1. The Program’s sponsors and administrator reserve the right to terminate the participation of anyone who engages in any fraudulent activity or actions in violation of the terms and conditions of this Enrollment Agreement. Termination may result in the forfeiture of the smartAC kit and/or Sensi thermostat provided to the Customer and disqualification of eligibility to receive gift cards or check payments and/or any other incentives for participation in the Program.

Limitation of Liability for coolControl Program

  1. Neither the Program, nor its sponsors, the UTILITY, its Program administrator (ThinkEco) and manufacturer (Emerson), is responsible for incorrect or inaccurate transcription of information, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Program websites or online service, or for any other technical or non-technical error or malfunction. Customer agrees to indemnify, defend and hold harmless the UTILITY, ThinkEco, Emerson, and any of their respective related companies, parents, subsidiaries, affiliates, officers, managers, trustees, directors, employees, contractors, suppliers, agents, successors and assigns (collectively “Releasees”) from any claims, demands, losses or damages arising out of or resulting from Customer‘s participation in the Program.
  2. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE PROGRAM OR MERCHANDISE OR ITEMS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE PROGRAM ADMINISTRATOR, UTILITY OR SPONSOR IMPROPERLY DENIES CUSTOMERSA GIFT CARD THEN CUSTOMER’S SOLE REMEDY WILL BE ALLOCATION OF THE EQUIVALENT AMOUNT OF SUCH GIFT CARD. BY PARTICIPATING IN THE PROGRAM, CUSTOMER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, THE PRODUCTS AND/OR SERVICES OFFERED BY ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply. Customer agrees to rely solely on the manufacturers’ warranties, if any, for any products redeemed through the Program.
  3. The terms and conditions of this Enrollment Agreement constitute the entire agreement between you and the Program and its sponsors, ThinkEco, the UTILITY and administrators pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written, with respect to such subject matter. No waiver of any of the provisions of these terms and conditions shall be deemed or constitute a waiver of any other provisions hereof (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be severed from the remainder of these terms and conditions, which will otherwise remain in full force and effect. This Enrollment Agreement shall be governed, construed, and enforced in accordance with the laws of the State of New York without regard to its conflict of laws rules. Each party submits to the personal and subject matter jurisdiction of the courts of the State of New York for the purpose of interpretation and enforcement of this Enrollment Agreement.