Smart Thermostats
Smart Solutions
Smart Thermostat Terms and Conditions
Individual Rush Hour Rewards (RHR) Lite Terms and Conditions:
By participating in a Smart Thermostat Program (“Program”) offered through your utility service provider, (“Utility”) you acknowledge and confirm that you:
- Authorize OATI to contact you by email and/or other means for Program reasons, and
- Understand that Utility may change the Program’s eligibility requirements/incentives or terminate the Program at any time and for any reason without notification.
By participating in the Smart Thermostat Program, you authorize OATI and their respective agents, contractors, and service providers, to collect and share data related to your enrollment and participation in the Program, which can include but is not necessarily limited to your: name, email address, service address, utility account number, thermostat serial number, activation date, enrollment information, statistics and data about your energy use, any opt out decisions or actions by you, or other information related to your participation in the Program. OATI may summarize or provide information about the results of the Program in publicly available studies or reports. In such case, data will be anonymized in a way that you cannot be individually identified.
Waiver of Liability and Warranty: YOU ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. IN NO EVENT SHALL OATI, NOR ANY OF THEIR CONTRACTORS OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO ANY PERSONS OR PROPERTY RESULTING FROM OR ARISING OUT OF ANY USE, REPAIR, DELAY IN REPAIRING, REPLACEMENT OF, MODIFICATION TO, UNAVAILABILITY OF, OR STATUS OF THE DEVICE SYSTEM. OATI, NOR ANY OF THEIR CONTRACTORS OR SUBCONTRACTORS SHALL BE RESPONSIBLE FOR ANY COSTS RELATED TO THE REPAIR, MAINTENANCE OR REPLACEMENT OF YOUR DEVICE SYSTEM. OATI MAKES NO REPRESENTATION OR WARRANTY, AND ASSUMES NO LIABILITY WITH RESPECT TO THE QUALITY, SAFETY, PERFORMANCE, OR OTHER ASPECT OF ANY DESIGN OR SYSTEM PURSUANT TO THESE TERMS, AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATION, WARRANTY OR LIABILITY.
Indemnification: YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS OATI AS WELL AS ANY OF THEIR CONTRACTORS AND SUBCONTRACTORS FOR ANY LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, INJURY, EXPENSE, OR DAMAGE TO ANY PERSONS OR PROPERTY ARISING FROM THEIR ACCESS AND USE OF YOUR SMART THERMOSTAT DEVICE OR SYSTEM, OR CAUSED BY ANY BREACH OF THESE TERMS BY YOU, YOUR NEGLIGENCE OR THAT OF YOUR HOUSEHOLD MEMBERS, AGENTS, SERVANTS, EMPLOYEES, TENANTS, LICENSEES, INVITEES, TENANT’S INVITEES, OR INDEPENDENT CONTRACTORS.
OATI HAS NO LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD OATI AS WELL AS ANY OF THEIR CONTRACTORS AND SUBCONTRACTORS HARMLESS FOR ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE PROGRAM.
General Provisions: These Terms are construed in accordance with the laws of the State of Minnesota without regard to its choice of law provisions. These Terms supersede any prior correspondence, memoranda, or terms, and contain the entire understanding by you with respect to the Utility Smart Thermostat Program. Any prior understandings are replaced in total by these Terms. As a condition of participating in the Program, you agree that all disputes that cannot be resolved amicably will be resolved individually, and will not be subject to class action or other similar process.