TERMS & CONDITIONS
Thank you for your interest
in participating in the SouthEastern Illinois Electric Co-op (SEIEC) Peak
Power Rewards program. The Program is offered by SEIEC and its
partner, Southern Illinois Power Cooperative (SIPC). These Terms
& Conditions are an agreement between you and SEIEC 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 SEIEC residential electric consumer-members (“members”). To qualify for
the Program, a Member must have an active residential electric service account or
registered with SEIEC 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 SEIEC to share
information about my account, including 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 SEIEC, SIPC, and OATI.
1.
The Program.
1.1. Description. The Program
is a voluntary energy curtailment program implemented by SEIEC 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. SEIEC and SIPC,
in their sole discretion, may modify or discontinue the Program at any time.
2. Eligibility. This program
is available to SEIEC active residential electric members only. To register for
the Program, Member agrees to provide SEIEC information to verify eligibility
for the Program. Member agrees that the information provided to SEIEC 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/2629.
3. Incentives. In connection
with the Program, SEIEC will offer incentives in the form of bill credits. SEIEC 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. SEIEC 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. SEIEC 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. SEIEC MAKES NO WARRANTIES THAT THE
OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.
6. Indemnification. Member
agrees to indemnify, and hold SEIEC, 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 SEIEC. SEIEC 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@seiec.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@seiec.coop. If Member
is not satisfied with SEIEC's resolution of the concern, Member should inform SEIEC immediately by emailing demandresponse@seiec.coop.
If Member and SEIEC 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 SEIEC 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 SEIEC 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 SEIEC. Any purported assignment or delegation by
Member without the appropriate prior written consent of SEIEC 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 SEIEC 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 SEIEC or SIPC at the email address provided for this Program. These emails may
contain information about SEIEC'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 SEIEC 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 SEIEC by phone at (618)273-2611 or by emailing demandresponse@seiec.coop