Smart Thermostats
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Welcome to the Pacific Power’s Optimal Time Rewards (“Program”). The Program provides incentives for changing the operation of your thermostat. Pacific Power has contracted with Open Access Technology International, Inc. (“OATI”) to be the Program Administrator (“Program Administrator”).

Pacific Power has authorized the Program Administrator to conduct such activities, including, but not limited to; marketing; connecting participating customer’s thermostats to software platforms to enable temporary operational changes; review, processing, and approval of incentives and customer enrollments; quality assurance activities; and issuing incentive payments.

By submitting your information for review and approval to participate in the Program you (“Customer” or “You/Your”) acknowledge and agree that You:

• Have read, understand, and agreed to any agreement with the thermostat manufacturer (“Manufacturers Agreement”) of Your thermostat necessary for participation in the Program. Links to thermostat manufacturers found at www.pacificpower.net/OTR
• Have read, understand, and agreed to these Terms and Conditions, as they may be updated from time to time, which are incorporated by reference and made available at www.pacificpower.net/OTR
• Consent to share Your personal information with Pacific Power and the Program Administrator solely for the purposes identified below;
• Remain responsible for maintenance, repair, and replacement of the system controlled by the thermostat, at your own expense;
• Understand that the Program’s eligibility requirements and incentives may be modified, or the Program may be terminated at any time and for any reason without notification;
• Understand Incentive amounts, Criteria for equipment, and Dispatch Parameters found in Exhibit B at www.pacificpower.net/OTR; and
• Agree to allow Program Administrator to remotely inform Your thermostat of the existence of a Dispatch Event causing the device to automatically change the temperature setpoint in your home without any manual intervention by You.

Below are the terms that You must understand and agree to in order to participate in the Program:

1. Eligibility: This is a voluntary program for Pacific Power’s residential electric customers in the state of Washington. To be eligible for the Program, in addition to agreeing to Manufacturers Agreement and these Terms and Conditions, You must:
   
   1. Have a residential electric service account in good standing under Washington Rate Schedules 16, 17, 18, or 19 or Oregon Rate Schedules 4, 6 or 7 (Pacific Power Rate Schedules are available at www.pacificpower.net/about/rates-regulation.html)
   2. Have an installed, operable, and compatible thermostat controlling equipment types listed in Exhibit B at www.pacificpower.net/OTR at your service address;
   3. Maintain the primary cooling (or heating) system(s) at your service address; and
   4. Acknowledge that Program Dispatch Events may take place during hours and days described in Exhibit B at www.pacificpower.net/OTR
2. Thermostat Connectivity and Access for Pacific Power’s Program Administrator: To participate, You must allow Program Administrator access to control Your thermostat. You are responsible for acquiring and maintaining:
   
   1. An internet service provider (“ISP”);
   2. A working and reliable internet connection and Wi-Fi network (if device requires Wi-Fi) and other related equipment in Your home that is positioned to communicate reliably; and
   3. Other system elements that may be specified as required by Program or the manufacturer of any required equipment (i.e., smart phone apps and active accounts with the thermostat manufacturer).

   You are responsible for all fees charged by the ISP in connection with participation in the Program. You agree to use best efforts to maintain and repair Your equipment controlled by the thermostat to keep it/them in satisfactory operating condition. You must satisfy these requirements for as long as You are in the Program, using best efforts to maintain connectivity of Your thermostat, and ensure it is online and able to be called upon during a Dispatch Event. Your participation in the Program may be terminated if the Program Administrator is unable to communicate with or access Your thermostat and communication or access is not restored within thirty (30) days. If communication or access is restored at a future date, You may opt back in if the Program is accepting new participants.

3. Program Modification or Termination: Pacific Power may modify or terminate the Program for any reason including, but not limited to, change in regulations and/or not receiving approvals from governmental authorities; decision of Pacific Power to modify or discontinue the Program; or Your thermostat manufacturer changes or discontinues support for the Program. Program Administrator or Pacific Power will notify You if Your participation in the Program will be modified or terminated. You may not receive further Program incentives after such termination of Program. In any event, Pacific Power reserves the right to substitute an incentive of equal value to any described Program participation incentive at Pacific Power’s sole discretion at any time.
4. Control of Thermostat: You acknowledge and agree that Program Administrator may control thermostat device(s) in Your home to remotely trigger a Dispatch Event that will cause Your thermostat to automatically change the temperature set point on that day, without any manual intervention by You. You will have the ability to opt out of Dispatch Event control and override any Program Administrator control simply by adjusting Your thermostat to a different temperature or, where supported by Your Thermostat manufacturer, by using the mobile or web application You regularly use with Your thermostat. You understand that if You opt out or override an event’s control settings, You may affect Your incentives or program eligibility. Program events may take place during hours and days subject to the limitations described in Exhibit B at www.pacificpower.net/OTR (“Dispatch Event”). You authorize the Program Administrator or Pacific Power to contact You by email and other means for items and issues related to the Program, including but not limited to, providing advanced notice when events are scheduled to occur.
5. Data Access: By submitting Your enrollment information for consideration to participate in the Program, You represent that You are the owner or duly authorized agent of the owner of utility account and authorize Program Administrator, Pacific Power and their respective agents, contractors, and service providers, to collect, duplicate, disseminate, release, disclose and share Your personal information or data related to Your enrollment and participation in the Program, which can include but is not necessarily limited to our name, email address, service address, utility account number, thermostat serial number, activation date, Your 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. Any personal information or data collected by Program Administrator or Pacific Power during the course of the Program will be used only for administering or reporting on the Program and as described in Pacific Power’s Privacy Policy available at www.pacificpower.net/privacy.html. This information will be used by Program Administrator and Pacific Power for the administration, evaluation, and reporting on the Program. You agree that information about Your service account, energy usage, and devices connected to Your service account, as well as any information You provide while applying for the Program or that is related to the Program may be shared by the Program Administrator and Pacific Power with their respective agents, contracts, service providers, and utility regulators for the purpose of ensuring enrollment eligibility, compliance with Program requirements and analyzing program performance, fraud prevention, security, or as required to comply with state and/or federal law, regulation, and other legal action. In those cases, Pacific Power, its Program Administrator and its subcontractors shall comply with all applicable legal requirements before making such disclosure. You consent to receive emails and other notifications, including test messages, sent by the Program Administrator and Pacific Power related to Your participation in the Program.
6. Use of data for reporting: The Program Administrator and Pacific Power 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. By signing up to participate in the Program, You consent to this information being accessed and provided to or by Program Administrator, Pacific Power and/or their respective agents, contractors, and service providers.
7. Enrollment & Term: Agreement with these terms and conditions shall be effective commencing on Your submission of enrollment information and continue in effect in perpetuity unless or until terminated by either party. Either party may terminate this Agreement for any reason by providing the other party written or verbal notice (to a call center accessed through a number listed on the program web site at www.pacificpower.net/OTR.) to the other party. Participation in the Program is voluntary and You may withdraw from the Program at any time. Withdrawal may render You ineligible to receive program incentives or future Program participation. You may provide written notice to Program Administrator at the email or physical addresses listed at www.pacificpower.net/OTR. If You violate the terms and conditions of the Manufacturer’s agreement or these Terms and Conditions, Program Administrator may immediately terminate Your participation in the Program and may elect to disqualify You from eligibility for incentives and/or future participation in the Program.
8. Fraud: Any person who knowingly completes an on-line enrollment containing any materially false information or who purposely or misleadingly conceals information subjects such person to criminal and civil penalties. Any and all funds determined to have been acquired on the basis of inaccurate or fraudulent information must be returned to Pacific Power. Any customer found to be engaged in fraudulent activity or misrepresentation of any kind will be removed from the Program. This section shall not limit other remedies that may be available for the filing of a false or fraudulent on-line enrollment , including, but not limited to, referral to law enforcement authorities.
9. Tax Liability: Customer acknowledges that receipt of any incentive pursuant to the Program may result in taxable income to the Customer, and that Customer is solely responsible for payment and reporting with respect to Customer’s taxes. Customer should consult his or her own tax advisor with respect to the tax treatment of incentives provided pursuant to the Program. Neither Pacific Power nor its Program Administrator is responsible for any tax liability which may be imposed on the Customer as a result of any incentive payment. Nothing in these Terms and Conditions is intended to constitute tax advice and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code.
10. Use of Environmental Attributes: Customer may not use or report on Environmental Attributes associated with temporarily changing the operation of energy using equipment that in any way would compromise the ability of Pacific Power to utilize the temporary changes in the operation of energy using equipment for regulatory reporting purposes. Customer may claim that it is facilitating the production of the Environmental Attributes attributable to the operation of the equipment if (and at the same time) Customer states the operation of the qualifying equipment was made possible with funding from Pacific Power. Environmental Attributes means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, resulting from the avoidance of the emission of any substance to the air, soil or water at or by Customer generating facilities through reduced generation of energy or other savings or offsets on account of the demand response project(s).
11. Limitation of Liability: To the fullest extent allowed by law, Pacific Power and Program Administrator’s total liability, regardless of the number of claims, is limited to the amount of the incentive payment approved in accordance with Program requirements, and Pacific Power, Program Administrator and its affiliates and their respective directors, employees, contractors, agents, and service providers shall not be liable to Customer or any other party for any other obligations. Notwithstanding anything in these Terms and Conditions to the contrary, Pacific Power, Program Administrator, and their respective directors, officers, employees and/or agents shall not be liable for any type of damages, whether indirect, incidental, consequential, exemplary, reliance, punitive or special damages, including damages for loss of use regardless of the form of action, whether in contract, indemnity, warranty, strict liability, or tort, including negligence of any kind arising from or relating to the Program or these Terms and Conditions.
12. Indemnification: Customer shall defend, protect, indemnify, and hold harmless Pacific Power, Program Administrator, and their respective directors, employees, contractors, agents, and service providers (collectively, the “Indemnified Parties”) against all claims, losses, expenses, damages, demands, judgments, causes of action, suits, costs (including attorney’s fees and expenses) and liability of every kind and character whatsoever (“Claims”) arising out of or related in any way to, directly or indirectly, Customer’s participation in the Program; provided however, that Customer shall not be required to indemnify and hold harmless any Indemnified Party member against Claims adjudicated to have been caused by an Indemnified Party’s sole gross negligence or willful misconduct.
13. General Provisions: The terms and conditions set forth herein, including all attachments and incorporated references, constitute a complete statement of the terms and conditions applicable to the Program and supersede all prior representations or understandings, whether written or oral. The waiver of any of the rights or remedies arising pursuant to this Agreement on any occasion by any Party shall not constitute a waiver of any rights or remedies in respect to any subsequent breach or default of the terms of this Agreement. As a condition of participating in this 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. You waive all rights or claims for incidental, punitive, consequential, or other special damages, including attorneys’ fees.
14. Governing Law/Jury Trial: The laws of the state of Oregon govern all matters arising under or relating to these terms and conditions without regard to conflicts of laws principles. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO KNOWINGLY, VOLUNTARILY, INTENTIONALLY, PERMANENTLY, AND IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY DISPUTE, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP ARISING FROM THE AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED.