CORE Cool Credits Program Terms and Conditions
Thank you for your interest in participating in the CORE Cool Credits program (the “Program”). The Program is offered by CORE Electric Cooperative and its partners (“CORE”) and is implemented by Uplight, Inc. (“Uplight”). These Terms of Use (these “Terms”) are a legal agreement between you and CORE governing your participation in the Program.
BY CLICKING [“I AGREE”] OR BY OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT PARTICIPATE IN THE PROGRAM.
In the case of inconsistencies between these Terms and information included in any other materials related to the Program (e.g., promotional materials and mailers), these Terms will always govern and take precedence.
1. The Program
1.1. Description: The Program is CORE Cool Credits. The Program is a voluntary summer demand response program utilizing smart device integrations to make slight adjustments to a participant’s thermostat set points in order to shift usage out of hours of peak demand.
1.2. Devices: By participating in the Program, you hereby grant to CORE and Uplight the right to remotely access and control a maximum of two smart thermostats (each, your “Device”) at the address you are enrolling (the “Premises”). When you authorize a Device, you may be presented with additional terms from the Device manufacturer (the “Manufacturer”). These Terms are in addition to, and are not replaced by, those terms. By authorizing a Device, you understand and agree that you are enabling Uplight to control that Device in connection with the Program.
1.3. Control: As part of this Program, Uplight may automatically change the temperature setpoint on your Device without any manual intervention by you. At any time that you desire, you may override this temperature setpoint simply by turning your Device to a different temperature or using the other methods enabled by the Device Manufacturer.
1.4. Changes: CORE reserves the right, in its sole discretion, to modify or to discontinue the Program at any time.
2. Eligibility
2. 1 Registration: In order to register for the Program, you agree to provide Uplight and CORE information to verify your eligibility for the Program. You agree that the information that you provide to Uplight or CORE in connection with the Program (“User Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the User Data to ensure that it remains true, accurate, current and complete.
You will register by completing CORE’s web or in-app process that is specific to your smart thermostat manufacturer. Receipt of an application does not guarantee bill credits. Failure to provide accurate supporting documentation will be considered an incomplete application.
2.2 Account information: To be eligible to participate in the program, participants must be CORE’s active member, and the premises must be on CORE’s residential or small business rate.
2.3 Property: To be eligible to participate in the Program, the premises must have a fully operational central cooling system or a heat pump.
2.4 Equipment: To enroll, an eligible Device must be installed at the service address, be registered with the manufacturer, and connected to Wi-Fi. Credits. In connection with the Program, CORE offers bill credits (“Credits”) consisting of an enrollment credit and a participation credit.
3. Enrollment Credit: Each enrolled Device receives a $25 enrollment credit, with a maximum of two Devices per service location eligible for this bonus. The enrollment credit is applied to the next billing cycle following enrollment and is subject to forfeiture if the customer unenrolls with zero event participation.
Participation Credit: Each Device is eligible for up to $25 in performance-based credits at the end of the season, applied to November billing statements. The participation award amount is determined by event participation rate as follows:
• 0% – 24.99% participation: $0
• 25% – 49.99% participation: $5
• 50% – 79.99% participation: $15
• 80% and above participation: $25
Maximum of two Devices per service location are eligible for participation awards. CORE reserves the right to determine qualification for Credits in its sole discretion. Failure to participate in the Program for its entire duration or overriding automatic Device control on a regular basis may disqualify you from Credits.
CORE reserves the right to determine qualification for Credits in its sole discretion. Failure to participate in the Program for its entire duration or overriding automatic Device control on a regular basis may disqualify you from Credits
Your Information. By submitting User Data (“User Data” and any other data, materials, content, or information in connection with the Program (“Information”) as defined by Uplight’s privacy policy, which is available at https://uplight.com/privacy-policy/, you are licensing such Information to Uplight and CORE for the purpose of providing the Program. In addition, you hereby authorize Uplight to access your User Data and, materials, content or information maintained by CORE and/or Device Manufacturer solely in order for Uplight to provide the Program. You further agree that CORE and Uplight may share such Information each collects with third parties for the purpose of providing the Program and that any such Information shared with third parties may be personally identifiable to you or the premise where your device is installed. You understand and agree that by authorizing Uplight to control your Device in connection with the Program, Uplight may receive access to data from your Device directly, including data collected from its sensors. For more information on the particular data that Uplight will receive access to, please contact CORE at energyprograms@core.coop or visit www.uplight.com/privacy-policy.
4. Costs: CORE and Uplight are not responsible for providing the systems necessary to participate in the Program, such as Devices or Internet access.
5. No Warranty; Disclaimer: YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE DISCRETION AND RISK. THE PROGRAM IS OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. CORE AND UPLIGHT EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE PROGRAM, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES FOR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OR INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY) AND ANY WARRANTIES OR CONDITIONS ARISING UNDER ANY OTHER LEGAL REQUIREMENT. CORE AND UPLIGHT MAKE NO WARRANTIES THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.
Without limiting the foregoing, CORE and Uplight do not guarantee that energy efficiency measures purchased and installed, or services provided through this Program will result in energy and cost savings. CORE reserves the right to deny or limit any credit request. In addition, no warranties on product or service installations are provided by CORE or Uplight, nor do CORE or Uplight guarantee or endorse the energy efficiency services provided by any specific contractor participating in the Program.
6. Indemnification: You agree to indemnify, and hold Uplight and CORE, their officers, directors, employees affiliates, and agents, harmless from and against any and all actions, claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with your participation in the Program, including in regard to the installation, operation, and disposal of equipment (and related materials) covered herein and any liability from incidental or consequential damages.
7. Limitation of Liability
7.1. Limitation of Liability: YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL UPLIGHT OR CORE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING IN CONNECTION WITH THE PROGRAM, EVEN IF UPLIGHT OR CORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM OR WITH ANY OF THESE TERMS, OR FEEL UPLIGHT OR [CUSTOMER] HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE PROGRAM.
7.2. Exclusions: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND IN PARTICULAR WITHIN THIS “LIMITATION OF LIABILITY” CLAUSE SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
8. Termination
8.1. Termination By CORE: CORE may terminate the Program, or your participation in the Program, at any time, with or without cause, by providing you with written notice of such termination, which may be via email.
8.2. Termination By You: You may terminate your participation at any time and for any reason by sending an email to energyprograms@core.coop or call (800) 332-9540.
8.3. Rights at Termination: Upon termination, all rights granted to you by these Terms will immediately cease. CORE and Uplight are not liable to you or any third party for termination of the Program or your participation in the Program.
8.4. Survival: Any suspension, termination or cancellation of the Program will not affect those obligations of either party which are intended to survive such suspension, termination or cancellation.
9. General
9.1. Applicable Law and Dispute Resolution: These Terms shall be governed by the laws of the State of Colorado, without giving effect to any conflict of laws or principles that may require the application of the law of another jurisdiction. If you believe that CORE has not adhered to these Terms, please contact us by e-mail at energyprograms@core.coop. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and CORE are unable to reach a resolution to the dispute, before taking any further action, you are required to enter into non-binding mediation with CORE. If resolution is not reached, you and CORE will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org. Any election to arbitrate by one party will be final and binding on the other. YOU ACKNOWLEDGE AND AGREE THAT YOU AND CORE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and CORE otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Program or these Terms must be brought, if at all, within one year of the accrual of the claim or cause of action or be forever barred.
9.2. Consent and Capacity: You are over 18 years of age and have the necessary legal capacity to execute this agreement and have received the necessary consents and approvals from the owner(s) or occupant(s) of any premises where the Services will be provided. You must be a CORE account holder or authorized user on that CORE account. You are solely responsible for any failure to receive necessary consents and approvals. Your participation is completely voluntary, and you can decide to withdraw at any point in the Program.
9.3. Entire Agreement: These Terms are the entire and exclusive agreement between CORE or Uplight and you regarding the Program and supersede and replace any prior agreements regarding the same.
9.4. No Assignment: You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of CORE. Any purported assignment or delegation by you without the appropriate prior written consent of CORE will be null and void.
9.5. Severability and Waiver: In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of CORE to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
9.6. Questions: If you have questions about these Terms, please contact CORE at energyprograms@core.coop or (800) 332-9540.
9.7. Communications: By participating in this Program, you agree to receive emails from Uplight, CORE, and/or its partners at the email address provided for this Program. These emails may contain information about CORE’s products and services; other energy related products, services and Programs; as well as energy related legislative and environmental issues. You may opt out of receiving these emails at any time by contacting CORE at energyprograms@core.coop or (800) 332-9540; however, it may take up to 10 days for your opt-out request to take effect.
