National Grid 2017-18 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 initially expected to run from May 1, 2017 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, containing a modletⓇ (smart plug) that will be installed on AC Units and 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 a Sensi™ Wi-Fi Programmable Thermostat (“Sensi thermostat”) be installed in my home so it 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-WiFi-adapter-for-2012-kuhl-models
  3. I understand that in order to receive my free Sensi thermostat, I will have to grant access to my residence for an authorized contractor of the UTILITY and/or ThinkEco to install the Sensi thermostat and to repair or replace all or the part of the Sensi thermostat in the event it is not working properly
  4. 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).
  5. I understand that the UTILITY will provide me assistance, at no charge, in installing and setting up my Sensi thermostat. I will attempt to connect my smartAC kits, Kühl AC or Frigidaire AC by myself to the Program Platform, or I can get assistance, at no cost, from the UTILITY or ThinkEco Inc. (“ThinkEco”), a company under contract with the UTILITY to provide customer service and other Program administration services during the Program’s duration. Online and phone assistance will also be provided to me, at no cost, by ThinkEco.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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 reward points (for each device) up to a $30 value. For example, if I set up a smartAC kit and a Frigidaire AC to the Platform, I will be eligible to earn points of up to $60 in value. 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 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 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.
  12. 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 in my second year of 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 additional points of up to $20 in value for each participating device.
  13. 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.
  14. 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.
  15. 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 Program.
  16. 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.
  17. 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.
  18. If I have any questions about the Program or the operation of any of the equipment, I will contact ThinkEco customer service at 1-800-688-5281 or by email in the contact information located on the Program website.
  19. If I receive a Sensi thermostat, it will be subject to the manufacturer’s (Emerson) warranty. During the length of the Program, any equipment returns will be handled by ThinkEco and the Program team. After December 31, 2018, I may contact Emerson with any warranty claims.
  20. If at any time I decide to not participate in the 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.
  21. 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 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 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.
  22. 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).

Program Rewards

  1. Participants in the Program have the opportunity to earn "Points" in connection with their participation that may be redeemed for gift cards and other prizes (“Gifts”) in accordance with the terms and conditions contained in this document and the redemption procedures described on the program’s “Rewards” website located at points.coolcontrolprogram.com (the “Site”). Only (i) program participants that are in good standing and meet certain eligibility requirements, as described below, and (ii) one person per household or business, may earn Points.

Earning Points

  1. You may earn Points by installing your Device, participating in Events and taking other actions as described on the Site from time to time.
  2. Points may also be earned for activities like responding to surveys and participating in contests. Specific details on the activities and associated Points that may be earned by your participation in the program may be found on the program’s rewards Site located at points.coolcontrolprogram.com. Eligibility to participate in contests to earn Points or other rewards may be restricted to certain program participants as described in the official contest rules. Participation in any contest requires the acceptance of, and adherence to, the official contest rules published by the program administrator. The Program reserves the right to add, change or remove these activities and/or the number of Points earned thereby at any time. Once earned, Points will remain in your account until they are redeemed or forfeited or expire in accordance with these terms and conditions. Gifts offered from time to time can only be redeemed with Points, and Points have no cash value. The number of Points used to redeem a Gift must be sufficient for that particular Gift at the time you submit your request for redemption. The availability of any Gift, the types of Gifts and the number of Points required to redeem any Gift, may be changed at any time without notice prior to redemption.

Points Restrictions

  1. It may take one week or more after you perform activities for the corresponding earned Points to appear in your account. Once you reach the number of Points to qualify for a Gift, you may redeem them by following the redemption procedures described on the Site. Gift redemption procedures may vary by the Gift selected.
  2. Your Points will remain in your account for as long as you continue to participate in the Program and remain in good standing by adhering to all of the program rules, including but not limited to, the term of this Agreement. If the Program is terminated for any reason, all Points will automatically expire and be forfeited unless they are redeemed within thirty (30) days of the program’s termination.
  3. You may not combine or transfer Points with other program participants, nor transfer, sell, or perform any other action in any manner in violation of these terms and conditions. Any attempt to combine, transfer or sell Points will result in your disqualification from the program and forfeiture of all Points earned. If the program’s sponsor (the UTILITY) or administrator has reason to believe that you have violated these terms and conditions, they may take any other or additional action they deem appropriate in their discretion.
  4. All Points earned will be subject to verification by Program officials, whose decisions are final and binding. You are responsible for ensuring the accuracy of your account and are encouraged to check your account regularly. If you believe that Points have not properly been accrued to your account, please contact customer service at 1-800-688-5281. All Program decisions regarding the awarding of Points and/or Gifts are final and binding. Earned Points and/or Gifts redeemed that are subsequently determined to have been invalid for any reason are subject to forfeiture or return/repayment, as applicable, and, depending on the circumstances, program disqualification.
  5. You are responsible for paying all taxes, if any, associated with your receipt of Gifts or any other thing of value in connection with the program.

Modifications and Termination of the coolControl Program

  1. The Program’s sponsors (the UTILITY) may elect to terminate the 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 Program 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 points and rewards 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 CUSTOMERS AN INCENTIVE REWARD THEN CUSTOMERS’ SOLE REMEDY WILL BE ALLOCATION OF THE EQUIVALENT AMOUNT OF REWARD. 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.