MyEnergy

 

Terms of Service

MyEnergy has been acquired by Nest Labs, Inc.

By signing up for a MyEnergy account and continuing to use it, you are acknowledging and agreeing to Nest's general Terms and Conditions, including Nest's Terms of Service, Web Site Privacy Policy, and Privacy Statement.

  1. Term and Termination.

    These Terms of Service shall take effect on the date you check the box "Yes, I agree to MyEnergy’s Terms of Service" and click " Create My Account " ("Effective Date"), and will continue in effect until you email info@myenergy.com and request the deletion of your account. In addition, MyEnergy reserves the right to delete your account if you breach any of your obligations under these Terms of Service and if you do not remedy the breach within ten (10) days of receiving written notice from MyEnergy.


  2. Definitions.

    1. Core MyEnergy Platform – MyEnergy’s underlying, universal web site as presented online at www.MyEnergy.com and all of the features, functionality, and information included therein.

    2. MyEnergy Empowers Platforms – Customized versions of the Core MyEnergy Platform that MyEnergy staff builds, leveraging the Core MyEnergy Platform to support specific energy efficiency, sustainability, and/or related programs.

    3. MyEnergy Rewards Partners – Businesses that agree with MyEnergy to provide discounts or other offers to Members who earn Points through reducing their Utility usage.

    4. Head of Household Member – the individual who signs up for MyEnergy’s Service and links his or her utility accounts to the MyEnergy platform, as described herein, and has—directly or indirectly—access and authority to review and/or pay the bills for utilities serving the Home(s) he or she is including in his or her registration.

    5. Household Member – an additional individual, other than the Head of Household Member, who signs up for and uses MyEnergy’s Service. Household Members enjoy all the same features and benefits of MyEnergy’s Service as Head of Household Members.

    6. Home – physical address of a residence that the Head of Household Member wishes to register with MyEnergy. A Home refers to a unit of living that has one set of Utility accounts.

    7. Member – either a Head of Household Member or a Household Member.

    8. Member Information – information specific to a Member’s use of MyEnergy’s Service, such as name, address, utility account information, and energy use information. Member Information may also include aggregated information that has been anonymized or de-identified.

    9. Personally Identifiable Information ("PII") – information linked to a particular individual, such as name, address, phone number, and email address.

    10. Points – Units accrued by Members by reducing their Utility usage that shall be redeemable for discounts and offers available from MyEnergy Rewards Partners. Points have no monetary value. All Members—the Head of Household Member and Household Members—accrue the same number of points based on their Home or Homes' individual set(s) of Utility accounts, and points redeemed by one Member are reduced from the point total of all Members of the household.

    11. Rewards Program – MyEnergy’s program through which Members accrue Points on a monthly basis by reducing their Utility usage.

    12. Service – The service MyEnergy is providing its Members through the Core MyEnergy Platform at www.MyEnergy.com and any of its other MyEnergy Empowers Platforms, including but not limited to features, functionality, and content.

    13. Utility – electric, natural gas, and water. In the future, this may include similar resources used on Members' registered Home(s).


  3. Member Representations.

    You agree and acknowledge the following:

    1. You will comply with these Terms of Service and any other conditions of being a Member.

    2. If you provide the login credentials to link your Utility accounts to the MyEnergy Core Platform or a MyEnergy Empowers Platform, you automatically will be considered the Head of Household Member for the Home you are registering, and you agree and acknowledge the Home you are registering falls within the definition of the term "Home" as defined in Section 2(f) of these Terms of Service.

    3. If you are a Head of Household Member, you authorize MyEnergy, on your behalf, to log in to your online Utility accounts and download the usage data for you registered Home, along with the bill amounts paid, and then to present that information on the Core MyEnergy Platform or one of the MyEnergy Empowers Platforms. To allow MyEnergy to retrieve this information in this manner, you understand that you must provide MyEnergy with the username, password, and/or account number, and/or any other necessary credentials for each Utility account associated with your registered Home. By providing MyEnergy with this information, you certify that you or another member of your household owns the account(s) you have registered with MyEnergy, you authorize MyEnergy to act as your agent by logging into those Utility accounts to obtain usage data for your registered Home, and you have the right to provide this authorization.

    4. You understand that MyEnergy’s Service may be supported in part by advertising revenue and that MyEnergy may use your Member Information to (a) improve the MyEnergy Service; (b) deliver targeted banner or other advertisements on the MyEnergy website; and (c) send you advertisements for third-party products via email or other mechanisms.

    5. You understand that if you fail to comply with these Terms of Service, MyEnergy may, at its sole discretion, terminate your status as a Member by deleting your account.

    6. You specifically agree to waive any and all claims, demands, actions or any rights to assert any type of legal claim against MyEnergy, its clients or partners for whom it develops MyEnergy Empowers Platforms, or other Members for any reason whatsoever relating to, or arising from, using MyEnergy’s Service. You will not assert against MyEnergy (or any of its affiliates, officers, directors, employees, agents, licensors, suppliers, clients or partners for whom it develops MyEnergy Empower Platforms, or other Members), any legal claims, demands, or actions, however described, in law or in equity arising from or relating to MyEnergy’s Service.

    7. You agree to defend, indemnify and hold MyEnergy, its affiliates, officers, directors, employees, agents, licensors, suppliers, clients or partners for whom it develops MyEnergy Empowers Platforms, and other Members harmless from and against any actual or alleged claims, actions, demands, costs, fees, liabilities, expenses and settlements (including, without limitation, reasonable legal, accounting and expert fees), arising from or related to my use of the MyEnergy Service, including without limitation any breach of any representations, warranties, terms and/or conditions set forth under these Terms of Service. MyEnergy will provide notice to you within a reasonable time of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.


  4. MyEnergy Representations.

    MyEnergy agrees and acknowledges the following:

    1. Members may be asked to submit PII. MyEnergy agrees to use reasonable and appropriate technical, administrative, and physical security controls to protect Members' PII from disclosure to unauthorized parties.

    2. MyEnergy agrees not to disclose Members PII to third parties, except in cases where (i) Members proactively request that MyEnergy share such information or where (ii) MyEnergy has hired a third party or parties to perform certain functions on its behalf. In such cases, MyEnergy will enter into an agreement with that third party to ensure that the third party will take appropriate steps to protect the PII and will only use the PII to perform the services for MyEnergy.

    3. MyEnergy agrees to provide MyEnergy Rewards Points to Members who reduce their Utility consumption. Such Points shall be redeemable for discounts or other offers at MyEnergy Rewards Partners. These Points have no monetary value.


  5. Miscellaneous.

    1. Representations & Warranties. Each party represents and warrants that it has the legal power and authority to agree to these Terms of Service, and will at all times comply with all laws, rules and regulations applicable to their business and dealings under these Terms of Service.

    2. Disclaimer of Warranties.

      THE MyEnergy SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY MyEnergy. ANY SUGGESTIONS OR TIPS MADE BY MyEnergy ARE MADE IN GOOD FAITH, BUT CANNOT BE RELIED UPON. MyEnergy MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, SECURITY, ACCURACY OR COMPLETENESS OF THE ESTIMATES OF MEMBERS' ENERGY AND/OR FINANCIAL SAVINGS THAT THEY WILL ACHIEVE BY USING MyEnergy’S SERVICE, MyEnergy DOES NOT REPRESENT OR WARRANT THAT ANY POINTS ACCRUED WILL BE ABLE TO BE REDEEMED FOR PRODUCTS AND/OR SERVICES OF ANY VALUE.

    3. Limitation of Liability.

      IN NO EVENT SHALL MyEnergy’S AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE EXCEED WHAT A GIVEN MEMBER ACTUALLY PAID TO MyEnergy USING MyEnergy’S SERVICE. IN NO EVENT SHALL MyEnergy AND/OR ANY OF ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH MyEnergy’S SERVICE, THE INABILITY TO REDEEM POINTS AT ANY BUSINESSES, AND ANY HARM OR INJURY RESULTING FROM MEMBERS' FOLLOWING SUGGESTIONS OR TIPS MADE BY MyEnergy, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE MyEnergy SERVICE.


  6. Updates or Amendments to these Terms of Service.

    These Terms of Service, any provision hereof, or any other documents incorporated by reference may be updated or amended at any time by MyEnergy. Any such changes to these Terms of Service will be effective on the date that MyEnergy posts the modified version of these Terms of Service on the Core MyEnergy Platform or any MyEnergy Empowers Platforms. Continued use of MyEnergy’s Service after such changes have taken effect constitutes acceptance of all changes.