Connect to Save, LLC – Member Terms and Conditions

Thank you for your interest in participating in the Connect To Save program (the “Program”) offered by CONNECT TO SAVE, LLC. These Terms of Use (these “Terms”) are a legal agreement between you and CONNECT TO SAVE, LLC. 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, 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. 

You certify that all information provided for enrollment into the Program is accurate and complete. This Program is offered to eligible Program participants, only. You understand that incentive amounts are subject to change without notice. You authorize CONNECT TO SAVE, LLC. to share information about your account including, but not limited to, your name, street address, account number, electrical usage and billing information with its service providers and partners hired to implement, administer and measure the performance of the Program. Member information will be kept confidential by CONNECT TO SAVE, LLC as well as its service providers and partners and used solely to facilitate your participation in the Program.

1.           The Program.

a.     Description. The Program will continue until it is terminated by CONNECT TO SAVE, LLC. or the member withdraws from the Program. 

b.      Devices. By participating in the Program, you hereby grant CONNECT TO SAVE, LLC and its designated service provider partners the right to remotely access and control one or more authorized, smart thermostat device (“Device”) at the address you are enrolling. 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 CONNECT TO SAVE LLC.  to control that Device in connection with the Program. 

c.      Events. As part of this Program, CONNECT TO SAVE, LLC will make changes to the operation of your Device remotely, without any manual intervention by you (“Events”). CONNECT TO SAVE, LLC. will not exceed known limits established by Device Manufacturers for Event temperature control, Event frequency or Event Duration.  Notwithstanding, you may opt to override an Event, simply by turning your thermostat Device to a different temperature or using the other methods enabled by the Device Manufacturer.

d.     Changes. CONNECT TO SAVE, LLC. reserves the right, in its sole discretion, to modify or to discontinue the Program at any time.

2.           Eligibility.

This program is available to any member in good standing of a Participating NC Electric Cooperative.  To register for the Program, you agree to provide CONNECT TO SAVE, LLC. necessary information to verify your eligibility for the Program. You agree that the information that you provide to CONNECT TO SAVE, LLC in connection with the Program (“User Data”) will be true, accurate, current, and complete. You further acknowledge that you have WIFI and agree to maintain adequate WIFI to enable operation of the Device(s) while participating in the Program. Additional eligibility requirements are listed at www.connecttosavenc.com.

3.           Incentives.

In connection with the Program, CONNECT TO SAVE, LLC. may offer certain rebates, offers, or other incentives (“Incentives”). CONNECT TO SAVE, LLC. reserves the right to determine qualification and continued eligibility for Incentives in its sole discretion. CONNECT TO SAVE, LLC.  is not required to pay a device enrollment incentive to members who have previously enrolled the same eligible device in this or other similar Programs. 

4.           Your Information.

By submitting User Data and any other data, materials, or information in connection with the Program, you consent and grant CONNECT TO SAVE, LLC. permission to use such information for the purpose of providing the Program. You understand and agree that by authorizing CONNECT TO SAVE, LLC.  to control your Device in connection with the Program, CONNECT TO SAVE, LLC. may receive access to data from your Device directly, including data collected from its sensors.

5.           Costs.

CONNECT TO SAVE, LLC. is not responsible for any costs required to participate in the Program, such as, but not limited to, Internet access.

6.           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. CONNECT TO SAVE, LLC 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 nonmisappropriation or intellectual property rights of a third party) and any warranties or conditions arising under any other legal requirement. CONNECT TO SAVE, LLC. and its partners, make no warranties that the operation of the program will be uninterrupted or error-free.

7.           Indemnification.

You agree to indemnify, and hold CONNECT TO SAVE, LLC. officers, directors, employees and agents, 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 your participation in the Program.

8.           Limitation of Liability. 

a.     Limitation of Liability. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall CONNECT TO SAVE, LLC., or its partners, be liable for any indirect, incidental, special or consequential damages, arising in connection with the program, even if CONNECT TO SAVE, LLC., or its partners, have been advised of the possibility of such damages. If you are dissatisfied with the program or with any of these terms, or feel connect to save, llc.has breached these terms, your sole and exclusive remedy is to discontinue participation in the program.

b.    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. 

9.           Termination.

a.   Termination by CONNECT TO SAVE, LLC. – CONNECT TO SAVE, LLC. reserves the right to terminate your enrollment in the program for any reason at any time by providing you with a written notice of such termination, either by letter or email. 

b.    Your Termination. You may terminate your participation in the Program for any reason by sending an email to service@connecttosavenc.com or by calling 844-577-7283. 

c.    Rights at Termination. Upon termination, all rights granted to you by these Terms will immediately cease. 

d.   Survival. Any suspension, termination or cancellation of the Program will not affect your obligations under these Terms which are intended to survive such suspension, termination, or cancellation. 

10.        General

a.   Applicable Law and Dispute Resolution. These Terms shall be governed by the laws of the State of North Carolina, without giving effect to any conflict of laws or principles that may require the application of the law of another jurisdiction. If you have any issues regarding these Terms, please contact us by e-mail at Connect to Save service@connecttosavenc.com. 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 CONNECT TO SAVE, LLC. are unable to reach a resolution to the dispute, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Raleigh, North Carolina. The arbitration shall be governed by the laws of the State of North Carolina. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any election to arbitrate by one party will be final and binding on the other. You acknowledge and agree that you and CONNECT TO SAVE, LLC.   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 CONNECT TO SAVE, LLC. 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 from the accrual of the claim or cause of action or be forever barred.

b.    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 are solely responsible for any failure to receive necessary consents and approvals for the installation of qualifying equipment within your residence and participation in the Program. Your participation is completely voluntary, and you can decide to withdraw at any point in the Program.

c.    Entire Agreement. These Terms are the entire and exclusive agreement between CONNECT TO SAVE, LLC. and you regarding the Program and supersede and replace any prior agreements regarding the same

d.   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 CONNECT TO SAVE, LLC. Any purported assignment or delegation by you without the appropriate prior written consent of CONNECT TO SAVE, LLC. will be null and void.

e.    Severability and Waiver. In the event 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 CONNECT TO SAVE, LLC. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

f.     Questions. If you have questions about these Terms, please contact CONNECT TO SAVE, LLC. at service@connecttosavenc.com.

g.    By participating in this Program, you may be sent notifications of Control Events, via Email, SMS Message or other electronic method, in advance of the Event.

CONNECT TO SAVE, LLC. reserves the right to modify these Member Terms and Conditions at any time.