Terms and Conditions

The SummerSaver™ program (SummerSaver) is a voluntary program made available by MidAmerican Energy Company to its residential electric customers for the purpose of managing demand in the pursuit of lowering energy costs.

Qualifying residential electric customers will have the opportunity to earn an incentive from MidAmerican Energy Company by allowing MidAmerican Energy Company to control the use of their residential air conditioning system through their qualifying smart thermostat between June 1 and September 30 when the demand for electricity is the highest.

Below are important terms that you must understand and agree to in order to participate in MidAmerican Energy Company’s SummerSaver Program:

Terms

Eligibility: This is a voluntary program for MidAmerican Energy Company’s residential electric customers. Customers in a single-family home with a central air conditioner or an air-source heat pump are eligible to participate. You must also own and occupy the home and have a compatible smart thermostat at that address.
Access for MidAmerican Energy Company: To participate, you must allow MidAmerican Energy Company access to control your device. To permit participation, you are responsible for acquiring and maintaining: (i) a working and reliable internet connection and Wi-Fi network (if device requires Wi-Fi) and other related equipment in your home that is positioned to communicate reliably; (ii) an internet service provider ("ISP"); (iii) other system elements that may be specified as required by MidAmerican Energy Company or the manufacturer of any required equipment (i.e. smart phone apps). You are responsible for all fees charged by the ISP in connection with participation in SummerSaver.

Your participation in the SummerSaver program will be terminated in the event that MidAmerican Energy Company is unable to communicate with or access the smart thermostat and communication or access is not restored within thirty (30) days' after notice from MidAmerican Energy Company. If communication or access is restored at a future date, you may opt back in, if the program is accepting new participants.
Device System Performance: If the device system fails to perform, you will have 30 days to resolve the issue and to have MidAmerican Energy Company test and verify that performance has been restored. If performance is not restored within thirty (30) days, MidAmerican Energy Company may elect to terminate your participation in the SummerSaver.
Control of Device: You acknowledge and agree that MidAmerican Energy Company may control the device in your home during the applicable Peak Alert periods. A Peak Alert made when temperatures are expected to reach the mid to upper 90s and when MidAmerican Energy is within 98% of its highest generating capacity – known as peak demand. Peak Alerts are also made when MidAmerican Energy is directed by its regional transmission authority to reduce electric load. SummerSaver events are anticipated to occur an average of 1 to 5 times per year between approximately 2 p.m. and 7 p.m. Customers will be sent notification of a SummerSaver event, via a smartphone app or other electronic method, at least two (2) hours in advance of MidAmerican Energy initiating any control of your smart thermostat for the purposes of the SummerSaver program.
Data Access: Customer consents to MidAmerican Energy Company and/or MidAmerican Energy Company’s Implementation Contractors or their Subcontractors access and use of certain Customer data and information, including energy usage and consumption data, as well as non-sensitive personally identifiable information. By signing up to participate in the SummerSaver program, Customer consents to this information being accessed and provided to or by MidAmerican Energy Company and/or MidAmerican Energy Company’s Implementation Contractors or their Subcontractors. This information will be used to assist in programming, reporting, monitoring, and controlling the device system.
Enrollment & Term: This Agreement shall be effective commencing on the Effective Date and continue in effect in perpetuity unless or until terminated by either party. Either party may terminate this Agreement by providing the other party written or verbal notice to the other party. Written notice may be sent to SummerSaver@MidAmerican.com.
Liability: In no event shall MidAmerican Energy Company nor its Program Implementation Contractors or their Subcontractors be liable for any direct, indirect, special or consequential damages to any persons or property resulting from or arising out of any use, repair, delay in repairing, replacement of, modification to, unavailability of, or status of the device system. MidAmerican Energy Company nor its Program Implementation Contractors or their Subcontractors shall be responsible for any costs related to the repair, maintenance or replacement of your device system.
Indemnification: You shall indemnify and hold harmless MidAmerican Energy Company, its Program Implementation Contractors and their Subcontractors for any injury or damage to any persons or property arising from their access and use of the device system, or caused by any breach of this Agreement by you, your negligence or that of your household members, agents, servants, employees, tenants, licensees, invitees, tenant's invitees, or independent contractors.

By signing this Agreement, you acknowledge that you:

have read and understand MidAmerican Energy Company’s terms for participation in MidAmerican Energy Company’s SummerSaver Program,
agree to allow MidAmerican Energy Company to control the device associated with your participation in SummerSaver during an event,
remain responsible for maintenance, repair and replacement of the device system and
understand the SummerSaver Program’s eligibility and rebates may be modify or the program terminated at any time without any notificatio

If you purchase a qualified Nest Thermostat device, you agree to the following terms & conditions.

GOOGLE RUSH HOUR REWARDS PROGRAM AGREEMENT

Welcome to the Rush Hour Rewards Program, offered by Google LLC (“Google”).

The Rush Hour Rewards Program allows you to take advantage of a program that your electric utility company, gas utility company, or other energy company, including their third-party contractors or agents (any and all of those entities collectively referred to here as your “Utility”) offers for adjusting your energy consumption during critical hours. Under the program, your Utility notifies Google of the existence of a Rush Hour Rewards event, causing Google’s servers to remotely inform your Google Nest thermostat (“Nest Thermostat”) to automatically change the temperature setpoint in your home on that day, without any manual intervention by you. You may override this temperature setpoint simply by turning your Nest Thermostat to a different temperature or by using the mobile or web application you regularly use with your Nest Thermostat.

As a Nest Thermostat owner, you are eligible to participate in the Rush Hour Rewards Program if you:

are the residential electricity or gas service account holder at your Utility;
have an 802.11 wireless (Wi-Fi) network at your Utility service address;
have an active Google or Nest Account linked to your Nest Thermostat;
meet any separate requirements set by your Utility;
accept these terms and conditions.

Generally, in order to participate in the Rush Hour Rewards Program for any incentives your Utility offers during the summer season, your Nest Thermostat must be controlling an air conditioning unit at your Utility service address, and in the winter season, your Nest Thermostat must be controlling either a heat pump or a heating system, which uses electricity or gas as the primary source of heat at your Utility service address. Your Utility may have additional specific requirements.

Your Utility, MidAmerican Energy Company, has contracted with CLEAResult to manage its program under the Rush Hour Rewards Program. When you accept these terms and enroll in the Rush Hour Rewards Program, you are also accepting the terms and conditions of CLEAResult and your Utility (together your “Utility Program Terms”), which are located here: https://www.virtual-peaker.com/midam-tscs

If MidAmerican Energy or CLEAResult changes their terms and conditions under the Rush Hour Rewards Program, you may need to accept their new terms, but the Google Rush Hour Rewards Program terms will remain in effect until Google notifies you of a change.

By enrolling in the Rush Hour Rewards Program, you agree that Google and/or its third-party contractors or agents have permission to access your Nest Thermostat and use your Thermostat Data (as defined below) to offer, enable, manage your participation in, provide support for, and improve the Rush Hour Rewards Program. Any additional Nest Thermostats installed at your Utility service address will be automatically enrolled in the Rush Hour Rewards Program.

You agree that Google can share information related to your Nest Thermostat with its third-party contractors or agents and your Utility as needed to offer, enable, manage your participation in, provide support for, and improve the Rush Hour Rewards Program. The information Google can share consists of your name, email address, service address, Utility account number, Nest Thermostat serial number, activation date, Google or Nest Account status, runtime data, temperature and humidity sensor data, set-points, device usage and technical data, and details related to your program eligibility, enrollment and participation, including any decision you may make to opt out of the program or to delete your Google or Nest Account (collectively, “Thermostat Data”). Any decision you may make to opt out of the program or to delete your Google or Nest Account will result in the automatic termination of your enrollment in the Rush Hour Rewards Program. Please note that if you unenroll in the middle of a season, you may no longer be eligible to receive incentives offered by your Utility.

Your enrollment in the Rush Hour Rewards Program will depend on your Utility approving your application. You understand that your enrollment request may be declined, or your enrollment terminated, if you do not satisfy eligibility requirements, if the information you submit with this Agreement is not accurate, or for any other reason. Your request for enrollment is voluntary and optional, and you are not required to be enrolled in the Google Rush Hour Rewards Program to use your Nest Thermostat.

You acknowledge that Google is not providing you any compensation or other financial benefit for participating in the Rush Hour Rewards Program and that any incentive or compensation to you will be provided by your Utility. You release and hold harmless Google and its third-party contractors and agents from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program.

These Google terms and conditions, together with your Utility Program Terms, form your agreement to participate in the Rush Hour Rewards Program. This agreement becomes effective when you submit your enrollment request and will continue until your participation is terminated.

If you use your Nest Thermostat with a Google Account, you are subject to applicable policies and terms listed here.

If you use your Nest Thermostat with a Nest Account, you understand that this program is offered by Google and agree to give Google permission to access, use, and share your Thermostat Data according to these terms. Otherwise, you remain subject to applicable policies of Nest Labs, Inc. listed here. You can learn more about migrating your Nest Account to a Google Account here.

You may cancel your participation in the Rush Hour Rewards program by calling Google at (855) 469-6378.