Microsoft Word - 2021-02-01_Honeywell_Austin Energy T&Cs.docx

Austin Energy® Power Partner™ Thermostat Customer Enrollment Agreement


Welcome to the Power Partner Thermostat Program.


About the Power Partner Thermostat Program ("Program"). Participants ("Participants", "Customer", "you", and "your") whose applications to participate in the Program are accepted by EnergyHub and Austin Energy and who fully comply with this “Agreement” will receive a one-time enrollment incentive provided by Austin Energy.


Why should I participate in the Program? Participants who participate in the Program and fully comply with this Agreement will receive the one-time enrollment incentive. Participants will also help reduce the risk of blackouts and brownouts in their electricity service areas.


Definitions:



Subject to Third-Party Approvals. EnergyHub's ability to offer the Program is contingent on certain approvals and acceptances from electric utilities and electricity grid governing bodies. Should EnergyHub fail to obtain such approvals and acceptances, the Program will be terminated, and Participants may not receive any Reward or other compensation.


Conduct. By applying for the Program, Participant agrees to comply with and be bound by the Agreement and any additional Program information provided to you during the Program. Failure to comply with this Agreement may result in your disqualification from the Program. You further agree to comply with and be bound by the decisions of EnergyHub and Austin Energy regarding your eligibility to participate, which are final and binding in all respects. EnergyHub and Austin Energy reserve the right in their sole discretion to disqualify any Participant they find to be: (1) tampering or attempting to tamper with the operation of the Program; or (2) violating the Agreement, conditions of use, or guidelines of any of our property or service. Any false information provided within the context of the Program by any Participant is a violation of this Agreement and may result in the immediate disqualification of a Participant and forfeiture of any Reward.


Privacy Notice. By participating in the Program, you agree that the Program Parties can 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. Any personal information or data collected during the course of the Program by the Program Parties will be used only for administering the Program pursuant to this Agreement.

General Conditions. This Program is governed by the laws of Texas. All federal, state and local laws and regulations apply. These Terms constitute the entire agreement between Austin Energy and Participant relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings with respect to such subject matter.


Program Period. The Program will continue until Austin Energy or EnergyHub terminates the program. You may be automatically re-enrolled in subsequent Program Periods at Austin Energy’s discretion, subject to the then-current Terms for the Program.


No Recourse to Judicial or Other Procedures. 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. To the fullest extent permitted by law, the rights to litigate, to seek injunctive relief, or to any other recourse to judicial 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: THE PROGRAM PARTIES 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 OR UTILITY 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 KEEP THE PROGRAM PARTIES 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 OR OMISSION BY YOU UNDER THESE RULES INCLUDING WITHOUT LIMITATION RESULTING FROM OR IN RELATION TO ANY BREACH, NON- OBSERVANCE, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE, PURSUANT TO THESE RULES BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE Program Parties HARMLESS FOR 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 THE PROGRAM PARTIES’ NEGLIGENCE OR BREACH OF CONTRACT; OR (2) THE PROGRAM PARTIES' FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. THE PROGRAM 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.

Third Parties. The Program Parties are not responsible for the policies, actions, or inactions of others that might prevent the Participant from entering, participating, and/or claiming a prize or Reward in the Program.


Severability. If any provision(s) of this Agreement are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.