Thank you for your
interest in participating in the Monroe County Electric Cooperative, Inc (MCEC)
Peak Power Rewards program (the “Program”). The Program is offered by MCEC and
its partner, Southern Illinois Power Cooperative ("SIPC"). These
Terms & Conditions are an agreement between you (the “Member”) and MCEC
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 in the Peak Power Rewards Program is accurate and complete. This
offer is valid for active MCEC residential electric
consumer-members (“Members”).
·
To qualify for the Program, a Member must have an active
residential electric service account with a Smart Meter and must not be
enrolled in another curtailment program or registered with MCEC as a Medical
Equipment location. While the Program is available, incentive amounts are
subject to change without notice.
·
Members must provide at least one valid notification method
to participate in the Program. By enrolling, you authorize MCEC to share
information about your account, including name, street address, account number,
electric usage, and billing information, with Southern Illinois Power
Cooperative (SIPC) and OATI, a third-party distributed energy resource
management system (DERMS) vendor, for purposes of implementing and measuring
Program performance. Member information will be kept confidential by MCEC, SIPC,
and OATI.
1. The Program.
1.1. Description. The
Program is a voluntary energy curtailment program implemented by MCEC 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. MCEC and
SIPC, in their sole discretion, may modify or discontinue the Program at any
time.
2. Eligibility. This Program
is available to MCEC active residential electric members only. To register for
the Program, Member agrees to provide MCEC information to verify eligibility
for the Program. Member agrees that the information provided to MCEC in
connection with the Program (“User Data”) will be true, accurate, current and
complete. Eligibility and program details are listed at: https://smarthub.tfaforms.net/2543.
3. Incentives. In
connection with the Program, MCEC will offer incentives in the form of bill
credits. MCEC 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. MCEC 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. MCEC 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. MCEC MAKES
NO WARRANTIES THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR
ERROR-FREE.
6. Indemnification.
Member agrees to indemnify, and hold MCEC, 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. MEMBER AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, UNDER NO CIRCUMSTANCES SHALL MCEC BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING IN CONNECTION WITH THE PROGRAM, EVEN
IF MCEC 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 MCEC.
MCEC 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@mcec.org 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 any
provisions of these Terms & Conditions that by their nature 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@mcec.org.
If Member is not satisfied with MCEC’s resolution of the concern, Member should
inform MCEC immediately by emailing demandresponse@mcec.org. If Member
and MCEC 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 MCEC 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 consent 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 MCEC
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 MCEC. Any purported assignment or
delegation by Member without the appropriate prior written consent of MCEC 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 MCEC 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 MCEC
or SIPC at the email address provided for this Program. These emails may
contain information about MCEC'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 MCEC 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). The 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 MCEC by phone at (800)-757-7433 or by emailing
demandresponse@mcec.org.