The terms, conditions, and other provisions of this Battery rewards program Terms and Conditions (“Terms”) explain how 174 Power Global Retail Texas, LLC d/b/a Chariot Energy (“Chariot Energy”) manages eligible batteries participating in its Battery rewards program. Chariot Energy’s Battery rewards program allows you to receive bill credits in exchange for authorizing Chariot Energy to charge, discharge, and otherwise manage your battery By participating in Chariot Energy’s Battery rewards program, you agree to be subject to and otherwise bound by the terms, conditions, and other provisions of these Terms. Chariot Energy may modify the terms, conditions, and other provisions of these Terms at any time and without prior notice to you. Participating in Chariot Energy’s Battery rewards program is optional and you may terminate your participation at any time.
To participate in the Battery rewards program: (i) you must be a customer of Chariot Energy; (ii) your account must be in good standing, with no outstanding amounts past due or otherwise owed to Chariot Energy; (iii) your battery must be a make and model approved by Chariot Energy (please contact Chariot Energy if you are unsure whether your battery is approved); (iv) your battery must be installed, operated, and otherwise maintained in good working condition; (v) you must have an advanced meter installed by your TDU that is capable of separately measuring the in-flow and out-flow of electricity; (vi) you must have an interconnection agreement in effect with your local transmission and distribution utility (“TDU”); and (vii) your battery must have an active Wi-Fi or ethernet internet connection. Chariot Energy undertakes no responsibility or liability with respect to (i) through (vii), above.
For as long as you are participating in the Battery rewards program, Chariot Energy shall have the right to remotely control and otherwise manage your battery (including, without limitation, charging and discharging functions of your battery) in response to energy conservation, reduction, export, or other signals from ERCOT. Chariot Energy also may remotely control and otherwise manage your battery (including, without limitation, charging and discharging functions of your battery) at other any time and for any other reason determined by Chariot Energy in its sole discretion. For any excess electric energy discharged from your battery that is not consumed by you and is, instead, exported through and measured by your electric meter (“Energy Exports”), you agree to sell and Chariot Energy agrees to purchase such Energy Exports in exchange for your benefits under these Terms.
In exchange for your participation in the Battery rewards program, including (without limitation) your sale to Chariot Energy of Energy Exports, Chariot Energy will provide you with a $40 bill credit for each full billing cycle during which your battery participates in the Battery rewards program. Although you are relinquishing your right to control and otherwise manage your battery while you are participating in the Battery rewards program, you still might have limited battery management capabilities. You will not receive your $40 bill credit for any billing cycle during which you override any Battery rewards program settings by changing the charging, discharging, battery reserve, or other settings of your battery—even if such change is inadvertent.
Bill credits are not redeemable for cash, and, if your retail electric service with Chariot Energy is terminated for any reason and you have outstanding Battery rewards program credits, those credits are not subject to refund and have no cash value—they shall be deemed forfeited. You shall not be entitled to partial bill credits or partial participation, and bill credits (if awarded) will appear on your bill on or before the third billing cycle following the billing cycle during which they were earned. Chariot Energy does not offer and you shall not be entitled to receive any other benefit in exchange for your participation in the Battery rewards program. You shall be responsible for any and all costs relating in any way to your participation in the Battery rewards program, including (without limitation) battery purchase costs, battery installation costs, costs levied by your TDU, and the retail costs associated with charging your battery (which are determined by your agreement for retail electric service with Chariot Energy).
You may cancel your participation in the Battery rewards program at any time by calling Chariot Energy toll-free at (855) 524-2746. Cancellation requests will be processed on or before the end of the billing cycle following the billing cycle during which you cancelled your participation. If you relocate from the service address at which you are participating in the Battery rewards program, your cancellation will be effective upon your relocation if you provide a forwarding address and, if required by Chariot Energy, reasonable evidence that you no longer occupy the location specified in your contract with Chariot Energy for retail electric service. If you switch your retail electric service from Chariot Energy to another retail electric provider, your participation will be cancelled upon completion of your switch request; but please keep in mind that switching your service from Chariot Energy to another retail electric provider may subject you to early termination penalties. More information about early termination penalties can be found in your contract with Chariot Energy for retail electric service. Chariot Energy may discontinue or otherwise terminate the Battery rewards program and/or your participation therein at any time and for any reason and without advance notice or other notice to you. Upon termination, without regard to the reason therefor, any outstanding bill credits will be applied to outstanding amounts you owe to Chariot Energy.
Participation in the Battery rewards program requires that you establish and maintain an active and valid e-mail address. You must notify Chariot Energy of any changes to your e-mail address as soon as possible. It is your responsibility to ensure you monitor your receipt of communications from Chariot Energy and that you monitor your e-mail filtering and other policies to ensure you receive all communications issued by Chariot Energy. You should also contact Chariot Energy periodically to ensure you have received all communications issued by Chariot Energy. Chariot Energy shall not be responsible for your alleged or actual non-receipt, or failure to timely review, communications issued by Chariot Energy.
You understand and agree that Chariot Energy may, without your consent or prior notice to you, assign its rights and/or delegate its duties under these Terms to one or more third parties, including (without limitation) your battery manufacturer, installer, and/or other company(ies) capable of administering the Battery rewards program. Goods and services you receive from such third party(ies) may be subject to additional agreements with such third party(ies) (“Third-Party Agreements”). By participating in the Battery rewards program, you agree to be bound by such Third-Party Agreements, copies of which are provided herewith and are incorporated herein by reference. By participating in the Battery rewards program, you authorize Chariot Energy to share information about you with third parties providing products and services related to the Battery rewards program, including (without limitation) your name, billing and service address(es), usage and usage history, battery charge and discharge status, usage, and status and usage history, and other related information.
BY PARTICIPATING IN THE BATTERY REWARDS PROGRAM, YOU AGREE THAT: (i) CHARIOT ENERGY IS NOT THE MANUFACTURER, INSTALLER, OR OWNER OF YOUR BATTERY OR OTHER RELATED EQUIPMENT (COLLECTIVELY, THE “EQUIPMENT”); (ii) CHARIOT ENERGY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES TO OR CAUSED BY THE EQUIPMENT; AND (iii) YOU SHALL BE RESPONSIBLE FOR ANY AND ALL RISK OF LOSS, DAMAGES, AND INJURY TO PROPERTY AND PERSONS (INCLUDING, WITHOUT LIMITATION, DEATH AND/OR BODILY INJURY TO PERSONS) ARISING FROM OR RELATING IN ANY WAY TO THE EQUIPMENT. CHARIOT ENERGY MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS AND/OR WARRANTIES WITH RESPECT TO THE EQUIPMENT, EXPRESS AND IMPLIED, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BY PARTICIPATING IN THE BATTERY REWARDS PROGRAM, YOU COVENANT NOT TO SUE AND YOU AGREE TO RELEASE, INDEMNIFY, DEFEND, AND OTHERWISE HOLD HARMLESS CHARIOT ENERGY, INCLUDING (WITHOUT LIMITATION) CHARIOT ENERGY’S AFFILIATES AND CHARIOT ENERGY’S AND ITS AFFILIATES’ RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, AND AFFILIATES, (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FOR, FROM, AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, COSTS, JUDGMENTS, OR LOSSES, INCLUDING (WITHOUT LIMITATION) THOSE RELATED TO DEATH AND/OR BODILY INJURY TO PERSONS, PROPERTY DAMAGE, OR OTHERWISE, SUSTAINED BY YOU AND/OR A THIRD PARTY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR PARTICIPATION IN THE BATTERY REWARDS PROGRAM AND/OR THE EQUIPMENT. YOUR ONLY REMEDY UNDER THESE TERMS IS TO TERMINATE YOUR PARTICIPATION IN THE BATTERY REWARDS PROGRAM.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES THEREOF.
These Terms constitute the entire agreement between you and Chariot Energy regarding the subject matter hereof. Any and all other agreements regarding the subject matter hereof, whether written, oral, express, implied, or otherwise, are hereby superseded.
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