PROGRAM TERMS AND CONDITIONS
Welcome to JCP&L’s Energy Saving Rewards Program (“Program”). By participating in the Program, (“Participants”, “you”, and “your”) may be eligible to receive the Reward defined below, subject to these Program Terms and Conditions (“Terms”). To become a Participant in the Program and receive the Reward, you must submit an application to, and have it accepted by, both the Sponsor and the Program Administrator (as each is defined below). You must have an installed and operational Device (defined below) from DER Vendor (defined below) to participate in this Program.
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 and the Program Administrator; provided, however, in the event your application is not accepted or approved, you will not be subject to data collection under these Terms. Failure to comply with these Terms may result in your unenrollment from the Program and disqualification for receipt of the Reward. The decisions of the Sponsor and the Program Administrator regarding your eligibility to participate are made in each of their respective sole discretions and are final and binding in all respects. SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO UNENROLL ANY PARTICIPANT FROM PARTICIPATION IN THE PROGRAM AND DISQUALIFY THEM FROM
RECEIVING ANY REWARD FOR, among other things: (1) tampering or attempting to tamper with the operation of the Program; or (2) violating or failing to comply with these Terms or the terms and conditions of use of any of Sponsor Parties’ (defined below) 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 UNENROLLMENT OF A PARTICIPANT AND FORFEITURE OF ANY REWARD.
About the Program. The Program is provided by Jersey Central Power & Light Company (“Program Administrator”) and EnergyHub, Inc. (“Sponsor”) is responsible for operation and administration of the Program. Applicants whose applications to participate in the Program are submitted by the enrollment deadline and are accepted by the Sponsor and the Program Administrator and who fully comply with these Terms may receive an incentive, as set forth below (“Reward”), to be provided to you by the Program Administrator (or the Sponsor on behalf of the Program Administrator) following the conclusion of the Program Period (defined below). To receive the Reward, you must be accepted as a Participant by the Sponsor and Program Administrator, and your participation in the Program must not be withdrawn or terminated. Participants agree to allow Sponsor Parties to collect Program Data (defined below) from Participant’s Device during the Program Period. This Program Data will be used by your Sponsor and Program Administrator to learn about your Device in a variety of conditions and how such Devices may create value for customers through improved management of energy and demand at their residence.
Definitions. In the context of these Terms,
“Adjustment Events” mean times during the Program Period when the DER Vendor will control Participant’s Device(s) (on behalf of the Sponsor Parties) to signal the Device to charge, discharge, or change its mode of operation, change device mode, setpoint, or other settings, as applicable.
“DER Vendor” means the-third party manufacturer of the Participant’s thermostat.
“Device” means your DER Vendor thermostat, which can be monitored during the Program by DER Vendor’s network operations center.
“FAA” means the Federal Arbitration Act.
“Participant” means an applicant that has been accepted into the Program by the Sponsor and the Program Administrator, and who remains enrolled in the Program.
“Program” means JCP&L’s Energy Saving Rewards Program.
“Program Data” means data related to your identity, your Adjustment Event opt-in or opt- out status, your energy usage and/or energy production, your Program Administrator account, your utility bill, and operational data about your Device(s).
“Program Period” means the duration of the Program from June 1st, 2023 through June 30th, 2024, and any renewal periods thereafter to the extent the Program is extended by Program Administrator.
“Program Administrator” means Jersey Central Power & Light Company.
“Reward” means an initial one-time $75 enrollment incentive (per Device) and subsequent
$25 annual participation incentive (per Device).
“Service” means the connection between your Device(s) and the DER Vendor platform.
“Sponsor” or “we” means EnergyHub, Inc., 41 Flatbush Ave., Suite 400A, Brooklyn, NY 11217.
“Sponsor Parties” means Sponsor, DER Vendor, and Program Administrator, their respective successors and assigns, and each of their respective affiliates, agents, directors, officers, and employees.
“Terms” means these Program Terms and Conditions.
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 Adjustment Event opt-in or opt-out status, your energy usage and/or energy production, your Program Administrator account, your utility bill, and operational data about your Devices (collectively, “Program Data”) and retain such Program Data indefinitely, solely for the purposes of determining your eligibility for the Program and operating the Program, and for record keeping;
2) review and analyze all of your Program Data for the purposes of the Sponsor Parties fulfilling their obligations under the Program (including, without limitation, the grant of the Reward, compliance with applicable law, modifying and improving the Program, performance analysis and evaluation, 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 signal your Devices to take part in Adjustment Events for this Program or for general system testing purposes; 4) send you emails, text 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 and other notifications related to surveys about the Program and to share your responses to such surveys among the Sponsor Parties; and 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 an active utility account with the Program Administrator which is in good standing, including being current in your payment of bills from the Program Administrator;
You must have one or more Devices that are compatible with and connected to the DER Vendor platform (“Service”) and compatible with the Program design;
You must maintain an active account in good standing on the Service and a continuous connection between your enrolled Devices and the Service; and
You must assist Sponsor Parties’ support personnel in troubleshooting and resolving connectivity, firmware and other Device-related issues.
Program Period. The Program will run for the Program Period defined above. Your enrollment in the Program will begin from the date upon which you are notified that you are accepted in the Program, and you may be automatically re-enrolled in subsequent Program Periods at Sponsor’s and the Program Administrator’s discretion, subject to the then-current Terms for the Program. You may unenroll from the Program at any time.
Program Description. Participant agrees to allow DER Vendor, on behalf of the Sponsor Parties, to control the Participant’s Devices during the Program Period. Such adjustments are referred to as “Adjustment Events.” Adjustment Events may signal the Device to charge, discharge, or change its mode of operation, 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 a current or future Adjustment Event at any time by directly adjusting the Device.
The Sponsor Parties may accept or reject your application in their 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.
Disqualification. The Sponsor Parties may terminate your participation in the Program and disqualify any 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 Program Administrator declares you ineligible for the Program, if your account with Program Administrator or DER Vendor or Program Administrator 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. Disqualification from the Program will not affect any payment obligations you may have for your DER Vendor Device, and your DER Vendor customer agreement will remain in effect.
https://www.firstenergycorp.com/corporate/privacy_legal_statement.html. DER Vendor’s privacy policy is located at: https://www.alarm.com/legal/privacy_policy.aspx. Please review all privacy policies to inform yourself how your personal information and Program Data may be collected under this Program. Your submission of an application to the Program will be deemed as an acceptance of the terms of each of the Sponsor Parties’ privacy policies, and your consent to all actions that the Sponsor Parties take with respect to your information consistent with the terms of such privacy policies and the privacy provisions of these Terms. The Sponsor Parties may update their privacy policies from time to time. All changes are effective immediately when the applicable Sponsor Party posts them. Your continued participation in the Program following the posting of any change to the privacy policy means that you accept and agree to the changes.
Changes in Your Utility Costs. The Program is unrelated to and the Sponsor and DER Vendor are not responsible for any changes in your electricity costs during the Program Period.
Information. You represent and warrant to Sponsor Parties that the information you provide to Sponsor Parties while applying for and during the course of the Program is accurate and complete, and you agree to promptly notify Sponsor Parties 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 Parties’ failure to enforce any term of these Terms shall not constitute a waiver of that provision. THE SPONSOR PARTIES (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES) 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 PARTIES 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 (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES) 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, OMISSION, OR BREACH BY YOU UNDER THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE SPONSOR PARTIES (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES) 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 ANY OR ALL SPONSOR PARTIES’ NEGLIGENCE OR BREACH OF CONTRACT; OR (2) THE SPONSOR PARTIES’ FRAUDULENT MISREPRESENTATION TO YOU OR A SPONSOR PARTIES WILLFUL MISCONDUCT. THE SPONSOR PARTIES (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES) ARE EACH INDIVIDUAL ENTITIES AND HAVE NO JOINT LIABILITY UNDER THE PROGRAM OR THESE TERMS. 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 each Sponsor Party and their respective successors and assigns, and Participant. Participant may not assign their participation in the Program, or any Reward, or these Terms without the written consent of Sponsor; whereas Sponsor may assign these Terms to any third party without the consent of Participant. 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. For the avoidance of doubt, it is specifically understood and agreed that there shall be no personal liability on the part of any affiliates, agents, directors, officers, and employees of each Sponsor Party under these Terms.
These Terms constitute the entire agreement between Sponsor Parties and a Participant relating to the subject matter hereof and supersede 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.
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 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 of 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 these Terms, should any dispute arise regarding or relating to the existence, validity, enforceability, or interpretation of the Arbitration and No Class Action Procedure 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. Sponsor may modify, revise and update these Terms at any time in its sole discretion. Sponsor 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, revised or updated 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, revised or updated Terms. The modified, revised or updated Terms will apply only to disputes that arise after the effective date of such modified, revised or updated Terms. Sponsor will also post the most current version of the Terms on our website specified below and encourage you to check this website frequently so you are aware of any changes, as they are binding on you.
Geographic Restrictions. The Program is available to Jersey Central Power & Light Company customers based in the State of New Jersey in the United States. We provide the Program website for use only by persons located in the United States. We make no claims that the Program website or the Program or any of its content is accessible or appropriate outside of the United States. Access to the Program website may not be legal by certain persons or in certain countries. If you access the Program website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
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 Sponsor’s website, shall constitute effective execution and delivery of these Terms, and shall form a binding contract between you and the Sponsor, and the other Sponsor Parties shall be express third party beneficiaries hereof and may enforce the provisions hereof as if they were a party hereto.
2023-06-01 _ Alarm.com _ JCP&L
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