Dynamic Load Management Tariff
Terms and Conditions

Commercial System Relief Program

PLEASE READ THESE TERMS CAREFULLY.  

About the Program. Participants ("Participants", "Customer" or "you") whose applications to participate in PSEG Long Island’s Commercial System Relief Program (the “Program”) are accepted by EnergyHub, Inc. ("EnergyHub") and who fully comply with these official terms and conditions (“Terms”) will receive a payment from PSEG Long Island in the form set forth below in the “Program Details” paragraph ("Payment").

Binding Agreement. To participate in the Program and in addition to any other requirements described below in the “Program Details” paragraph, you must read and agree to these Terms. Because these Terms form a legally binding agreement with respect to the Program, please read them carefully. If you do not agree to these Terms, you are not eligible to participate in the Program. Your application for the Program or your written acceptance thereof constitutes your agreement to these Terms. Notwithstanding the foregoing, you will not become a "Participant" in the Program until your application has been accepted and approved by EnergyHub. These Terms become effective upon acceptance and will continue until you, EnergyHub or PSEG Long Island cancels or terminates your participation, provided that any permissions or releases granted hereunder shall survive cancellation or termination with respect to activities occurring prior to the time of such cancellation or termination. 

Application Consent. By submitting an application and accepting these Terms, you give EnergyHub and PSEG Long Island the following permissions:

Participation Consent. Participant authorizes:

Eligibility Requirements. Subject to these Terms, eligible Participants include both direct commercial customers of PSEG Long Island (“Direct Participants”) as well as approved aggregators (“Aggregators”). Potential participants who meet the following criteria may apply to participate in the Program:

How To Apply. The Program application is available at the website address set forth below in the “Program Details” paragraph. EnergyHub and/or PSEG Long Island may accept or reject a potential Participant's application in their sole discretion.

Participation Requirements. Participant agrees, for the duration of the Program and at Participant’s sole expense, to:

Payment. Participants will be accepted into the Commercial System Relief Program based on eligibility and acceptance of these Terms. Participants will receive a Program reservation payment of $5.00 per KW per month for each KW of contracted load relief during the Capability Period for the Program. In addition, customers will receive a performance payment for load relief of $.25 per KWh of load relief provided and verified.

Participants are eligible to earn the Payment described below in the “Program Details” paragraph. The Payment is provided solely by PSEG Long Island. EnergyHub bears no responsibility for the Payment. You acknowledge that EnergyHub is facilitating your ability to claim this Payment, but EnergyHub is not providing you any compensation or other financial benefit, and the enforceability of these Terms is not dependent upon your receipt of the Payment or the amount of the Payment. PSEG Long Island and/or EnergyHub reserve the right to seek further information to verify your eligibility to receive the Payment and to substitute a payment of equivalent value for the Payment described above at PSEG Long Island’s and/or EnergyHub's sole discretion without liability to Participant.

How To Withdraw. If you no longer wish to grant the authorizations provided herein, you may withdraw from the Program at any time by emailing EnergyHub at the email address set forth below in the “Program Details” paragraph. Withdrawing will not affect the other services provided to you by EnergyHub or PSEG Long Island. By withdrawing, you may render yourself ineligible to receive a Payment, participate in the Program in the future, or participate in other programs offered by EnergyHub or PSEG Long Island. 

Information. By applying for the Program and accepting these Terms, you represent and warrant that the information you provided for enrollment and as a part of the Participant’s service account is truthful and that you meet the eligibility requirements above, and you agree to promptly notify EnergyHub if changes occur. EnergyHub or PSEG Long Island may cancel or terminate your participation in the Program (or reject your enrollment) if the information you submit as part of your application is not true, if you do not satisfy the eligibility requirements, or for any other reason. Participant agrees that information about Participant's service account, Service usage, and devices connected to Participant's service account, as well as information Participant provides while applying for the Program or that is related to the Program, may be shared with other third-party entities necessary for purposes of ensuring compliance with Program objectives and analyzing data.

Conduct. You agree to use the Program only in compliance with the policies and agreements referenced in these Terms and on the EnergyHub’s website (http://www.energyhub.com/tos/), which are incorporated herein by reference, as well as all applicable local, state, national, and international laws, rules and regulations. You also agree that your participation in the Program is subject to PSEG Long Island’s and EnergyHub’s Privacy Policy, as set forth on PSEG Long Island’s website and EnergyHub’s website (http://www.energyhub.com/privacy-policy/). Failure to comply with these Terms may result in your disqualification from the Program. You further agree to comply with and be bound by the decisions of EnergyHub and PSEG Long Island regarding your eligibility to participate, which are final and binding in all respects. EnergyHub reserves the right in its sole discretion to disqualify any Participant it finds to be: (1) tampering or attempting to tamper with the operation of the Program; or (2) violating these Terms, conditions of use, or guidelines of any of EnergyHub’s or PSEG Long Island’s 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.

Energy Consumption. Neither EnergyHub nor PSEG Long Island is responsible for any changes to your electricity costs incurred by you during or related to the Program.

Capability Period. The Program will run for the period set forth below in the “Program Details” paragraph. You may be automatically re-enrolled in subsequent Capability Periods at PSEG Long Island’s discretion, subject to the then-current Terms for the Program.

Privacy Notice. By participating in the Program, you agree that EnergyHub and PSEG Long Island 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. PSEG Long Island and EnergyHub will protect your personal information and usage data consistent with these Terms and each company’s then-current privacy policy.

Governing Law. This Program is governed by the laws of New York. All federal, state and local laws and regulations apply. As a condition of participating in the Program, unless otherwise prohibited by law, applicants and Participants agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or in connection with the Program, shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a Participant be permitted to obtain awards for, and each Participant hereby waives all rights to claim, punitive, incidental or consequential damages, including attorneys' fees, and Participant further waives all rights to have damages multiplied or increased.

No Recourse to Judicial or Other Procedures. To the fullest extent permitted by law, the rights to litigate, to seek injunctive relief, or to any other recourse to judicial remedy or any other procedure in case of disputes or claims resulting from or in connection with the Program are hereby excluded, and you expressly waive any and all such rights. Note, such waiver is not enforceable in all jurisdictions.

DISCLAIMER: PSEG LONG ISLAND AND/OR ENERGYHUB ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCORRECT OR INACCURATE PROGRAM APPLICATION INFORMATION, AND ASSUME NO RESPONSIBILITY FOR (I) ANY CONTENT, SOFTWARE, HARDWARE, THERMOSTATS, PRODUCTS OR OTHER MATERIALS PROVIDED, MANUFACTURED, DEVELOPED OR CREATED BY A THIRD PARTY; (II) TYPOGRAPHICAL OR OTHER ERRORS IN THE PRINTING OF THE PROGRAM MATERIALS OR THE OFFERING OR ANNOUNCEMENT OF ANY REWARD, (III) ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE, (IV) FAILURE OF ANY APPLICATION TO BE RECEIVED BY ENERGYHUB DUE TO TECHNICAL PROBLEMS, TELEPHONE SERVICE PROBLEMS, PRINTING ERRORS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, (V) COMMUNICATIONS LINE, HARDWARE AND/OR SOFTWARE FAILURES, (VI) DAMAGE TO ANY COMPUTER (SOFTWARE OR HARDWARE) RESULTING FROM PARTICIPATION IN THE PROGRAM, (VII) THEFT OR DESTRUCTION OF, TAMPERING WITH, UNAUTHORIZED ACCESS TO, OR ALTERATION OF APPLICATIONS AND/OR PROGRAM APPLICATION INFORMATION, OR (VIII) APPLICATIONS THAT ARE LATE, LOST, STOLEN, DAMAGED, ILLEGIBLE, AND/OR UNINTELLIGIBLE (OR ANY COMBINATION THEREOF).

LIMITATIONS OF LIABILITY: PARTICIPANTS ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO HOLD HARMLESS ENERGYHUB, PSEG LONG ISLAND AND THEIR RESPECTIVE AFFILIATES, AGENTS AND REPRESENTATIVES AT ALL TIMES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES THAT ARISE FROM OR ARE RELATED TO ANY ACT, BREACH, DEFAULT OR OMISSION BY YOU, WHETHER NEGLIGENT OR OTHERWISE, UNDER THESE TERMS OR IN CONNECTION WITH THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS ENERGYHUB AND PSEG LONG ISLAND, THEIR AFFILIATES AND THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY AND ALL LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE OR EXPENSE ARISING OUT OF OR RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR USE OR ACCEPTANCE OF ANY REWARD OTHER THAN FOR: (1) DEATH OR PERSONAL INJURY ARISING DIRECTLY OUT OF OR RESULTING DIRECTLY FROM PSEG LONG ISLAND’S OR ENERGYHUB’S NEGLIGENCE OR BREACH OF CONTRACT; OR (2) PSEG LONG ISLAND’S OR ENERGYHUB’S FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. ENERGYHUB AND PSEG LONG ISLAND 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.

Other Terms and Conditions.

Program Details: