Thank you for
your interest in participating in the Egyptian Electric Cooperative Association
(EECA) Peak Power Rewards program (the “Program”). The Program is offered by
EECA and its partner, Southern Illinois Power Cooperative ("SIPC").
These Terms & Conditions are an agreement between you (the “Member”) and
EECA governing your participation in the Program.
BY CLICKING
[“ACCEPT”] OR BY OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE
TERMS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS YOU MAY NOT
participate in the Program.
In the case
of inconsistencies between these Terms & Conditions and information
included in any other materials related to the Program (e.g., promotional
materials), these Terms & Conditions will control. You certify that all
information entered on this website for enrollment into the Peak Power Rewards
program is accurate and complete. This offer is valid for active EECA
residential (non-Prepay, Rate 901) electric consumer-members (“members”). To
qualify for the Program, a Member must have an active residential electric
service account and a Smart Meter and must not be enrolled in another
curtailment program or registered with EECA as a Medical Equipment location. I
understand that while the Program is available, incentive amounts are subject
to change without notice. I agree that I must provide at least one valid
notification method to be enrolled in the program.. I agree
that I must provide at least one valid notification method to be enrolled in
the program. I authorize EECA to share information about my account, inclduing my name, street address, account number, electrical usage, and billing information with SIPC and OATI, a third-party distributed energy resource management system DERMS vendor, to implement and measure the performance of the Program. Member information will be kept confidential by EECA, SIPC, and OATI.
1. The
Program.
1.1.
Description. The Program is a voluntary energy curtailment program implemented
by EECA and SIPC. Participating Members will receive bill credits as incentives
when energy usage is reduced below an established baseline of energy usage, for
the enrolled location, during a Peak Power Rewards curtailment event.
1.2. Changes.
EECA and SIPC, in their sole discretion, may modify or discontinue the Program
at any time.
2.
Eligibility. This program is available to EECA active residential electric members
only. To register for the Program, Member agrees to provide EECA information to
verify eligibility for the Program. Member agrees that the information provided
to EECA in connection with the Program (“User Data”) will be true, accurate,
current and complete. Eligibility and program details are listed at: htpps://smarthub.tfaforms.net/2191.
3.
Incentives. In connection with the Program, EECA will offer incentives in the
form of bill credits. EECA reserves the right to determine qualifications and
calculations for the incentives in its sole discretion. There is no penalty for
non-participation in the Program or a curtailment event. The program is completely
voluntary, and the Member has full control over how and when to reduce energy
usage. Incentives will only be available when energy is shown to have been
reduced and will be applied in the Member’s subsequent bill cycle. Incentive amounts may be based on estimated electricity usage. Member usage can be found in SmartHub, online or app, and/or the Member's monthly bill.
4. Costs. EECA
is not responsible for costs associated with providing the systems necessary to
participate in the Program, such as devices or internet access.
5. No
Warranty; Disclaimer. MEMBER PARTICIPATION IN THE PROGRAM IS AT MEMBER’S SOLE
DISCRETION AND RISK. MEMBER IS SOLELY RESPONSIBLE FOR DETERMINING ANY SAFETY
RISKS TO MEMBER OR MEMBER’S PROPERTY IN CONNECTION WITH CURTAILMENT OF MEMBER’S
USAGE OF ELECTRICITY. THE PROGRAM IS
OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. EECA
EXPRESSLY DISCLAIMS 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. EECA MAKES NO WARRANTIES THAT THE OPERATION OF THE
PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.
6.
Indemnification. Member agrees to indemnify, and hold EECA, its officers,
directors, employees and agents, including but not limited to SIPC, harmless
from and against any claims, liabilities, damages, losses, and expenses,
including without limitation reasonable attorney’s fees and costs, arising out
of or in any way connected with Member’s participation in the Program.
7. Limitation
of Liability.
7.1.
Limitation of Liability. MEMBER AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EECA BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING IN CONNECTION WITH THE
PROGRAM, EVEN IF EECA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEMBER’S
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE PROGRAM.
8.
Termination.
8.1.Termination
By EECA. EECA may terminate the Program, or Member’s participation in the
Program, at any time, with or without cause, by providing Member with written
notice of such termination, which may be via email.
8.2.Member Termination.
Member may terminate participation at any time and for any reason by sending an
email to demandresponse@eeca.coop requesting termination of participation in
the Program, which termination shall be effective immediately.
8.3.Rights at
Termination. Upon termination, all rights granted to Member by these Terms
& Conditions will immediately cease.
8.4.Survival.
Any suspension, termination or cancellation of the Program will not affect Member’s
obligations under these Terms & Conditions 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 Illinois, without giving effect to any conflict of laws or principles
that may require the application of the law of another jurisdiction. Members
may address concerns regarding these Terms & Conditions by e-mailing demandresponse@eeca.coop.
If Member is not satisfied with EECA’s resolution of the concern, Member should
inform EECA immediately by emailing demandresponse@eeca.coop. If Member and EECA are unable to reach a
resolution to the dispute, any controversy or claim arising out of or relating
to these Terms & Conditions, or the breach thereof, shall be settled in
accordance with the EECA bylaws and policies to the applicable extent.
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 & Conditions must
be brought, if at all, within one year from the accrual of the claim or cause
of action or be forever barred.
9.2.Consent
and Capacity. By enrolling in the Program, Member affirms being at least 18
years of age and having the necessary legal capacity to execute this agreement.
Member also verifies that Member has the necessary consents and approvals from
the owner(s) and occupant(s) of the service location. Member is solely
responsible for any failure to receive necessary consents and approvals for the
installation of qualifying equipment within the residence and participation in
the Program.
9.3.Entire
Agreement. These Terms & Conditions are the entire and exclusive agreement
between EECA and Member regarding the Program and supersede and replace any
prior agreements regarding the same.
9.4.No
Assignment. Rights and responsibilities under these Terms & Conditions may
not be assigned without the prior written consent of EECA. Any purported
assignment or delegation by Member without the appropriate prior written
consent of EECA will be null and void.
9.5.Severability
and Waiver. In the event that any provision in these Terms & Conditions is
held to be invalid or unenforceable, the remaining provisions will remain in
full force and effect. The failure of EECA to enforce any provision of these
Terms & Conditions will not be deemed a waiver.
9.6.
Communications to Member. By participating in this Program, Member agrees to
receive emails from EECA or SIPC at the email address provided for this
Program. These emails may contain information about EECA's other products and
services; other energy related products, services and programs; as well as
energy related legislative and environmental issues. These emails may be sent
by EECA or SIPC.
9.7.Consent
to Automated, Autodialed, Prerecorded, and Artificial Voice Calls and Texts. Member
authorizes the Program and its service providers to make contact at any phone
or mobile number provided by Member at any time with automated, autodialed,
prerecorded, or artificial voice phone calls or text messages related to
participation in the Program (including reminders of upcoming events). Member understands
and agrees that the Program and its service providers may use an automatic
telephone dialing system (ATDS), artificial, or prerecorded voice for such
calls or text messages. Member may revoke consent at any time by contacting EECA
by phone at (800.606.1505) or by emailing demandresponse@eeca.coop.