MyResponse PROGRAM Agreement
for Magic Valley Electric Customers

Thank you for your interest in the Magic Valley Electric MyResponse Program, a service offered by Magic Valley Electric Cooperative, Inc. (“MVEC”) in partnership with Google Nest LLC  (“Google”) and AutoGrid (“AutoGrid”). 

IN ADDITION TO THE TERMS AND CONDITIONS REQUIRED BY GOOGLE AND THE MVEC TERMS AND CONDITIONS, THE MYRESPONSE PROGRAM IS OFFERED UNDER THE TERMS AND CONDITIONS SET FORTH IN THIS MYRESPONSE PROGRAM AGREEMENT (“AGREEMENT”) AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY SIGNING UP FOR THE MYRESPONSE PROGRAM YOU (A) ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THE MYRESPONSE PROGRAM. THESE TERMS AND CONDITIONS AMEND AND REPLACE ANY PREVIOUS TERMS AND CONDITIONS FOR THE MYRESPONSE PROGRAM. 

Eligibility Requirements

The MyResponse Program is available only to MVEC residential electric members who meet certain eligibility requirements (“Minimum Eligibility Requirements”), which require you to: (1) be a MVEC residential electric service account holder; (2) have an 802.11 wireless network at the MVEC service address; (3) have an active Google or Nest account linked to your Google Nest Learning Thermostat; (4) have an installed and operating Nest Learning Thermostat controlling an air conditioning unit, at your MVEC service address; and (5) agree to the terms of this Agreement. MVEC shall verify your eligibility prior to your participation in the MyResponse Program and can deny participation for any reason whatsoever without notice to you. 

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Information Sharing

By enrolling in the MyResponse Program, you are authorizing MVEC to share information with Google and AutoGrid about your energy usage and associated account and billing data in order for Google and AutoGrid to evaluate and improve its products and services. Such information includes, but is not limited to, consumption and billing data, billing records, billing history, meter usage data, and rate information. Your credit card, checking account, or similar payment information will not be shared by MVEC with Google or AutoGrid. 

By enrolling in the MyResponse Program, you are authorizing MVEC to have access to certain information (including, but not limited to, your name, email address, service address, MVEC account number, Nest Learning Thermostat serial number, activation date, Google or Nest account status, runtime data, setpoints, and related details) to allow MVEC to verify that you are eligible to participate in the MyResponse Program and to evaluate the comprehensive energy impact of the Nest Learning Thermostat. 

Enrollment, Credit and Annual Incentive

A MyResponse Program year “MyResponse Year” shall be any given year beginning June 1st and continuing through September 30th. MVEC account holders participating in the MVEC MyResponse Program agree that the term of participation shall begin on the date of enrollment of your Nest Learning Thermostat and extend for a period of one (1) year (“Initial Enrollment Year”), unless earlier terminated pursuant to the terms herein. The term of this Agreement will be automatically renewed at the end of the Initial Enrollment Year and for an additional period of one (1) year (“Enrollment Year”), and shall continue for subsequent Enrollment Years, unless either party terminates this Agreement. 

Within thirty (30) days of your approved enrollment for the MyResponse Program, you will receive a credit on your electric bill of $50, one per household, for enrolling in the Program (“Enrollment Credit”). In the event you fail to remain enrolled in the MyResponse Program for a minimum of one (1) year (“Initial Enrollment Year”), you will lose the Enrollment Credit and your account will be charged for the Enrollment Credit amount. For each Enrollment Year that you remain enrolled in the MVEC MyResponse Program, you will receive a $25 annual credit, one per household, on your electric bill (“Annual Incentive”) within thirty (30) days from September 30th, unless participation is terminated by you or MVEC at any time prior to the end of that year’s MyResponse Year. 

In the event you terminate your enrollment in the MyResponse Program before the end of the Initial Enrollment Year, you will be ineligible to receive an Enrollment Credit for any future participation in the MyResponse Program. Upon your re-enrollment in the MyResponse Program for a subsequent MyResponse Year, you will be eligible to receive any otherwise eligible Annual Incentive. 

Representations, Warranties and Agreement

By enrolling in the MyResponse Program, you represent and warrant that the information you have provided as part of this Agreement is truthful and accurate, you agree to promptly notify MVEC if any changes occur, and you meet the Minimum Eligibility Requirements. You further agree that MVEC may terminate this Agreement, refuse to enroll you, or terminate your enrollment in the MyResponse Program at any time and without liability if you do not satisfy eligibility requirements, you violate this Agreement or applicable law, or for any other reason whatsoever, with or without notice to you. You agree that you are participating in the Rush Hour Rewards Program on a voluntary basis. 

YOU RELEASE AND HOLD HARMLESS MAGIC VALLEY ELECTRIC COOPERATIVE, INC. FROM ANY LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE OR EXPENSE RESULTING FROM YOUR PARTICIPATION IN THE MYRESPONSE PROGRAM. 

This Agreement is governed by the laws of the State of Texas. 

This Agreement is effective upon your enrollment and will continue until you, MVEC, or Google cancels your participation.