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Terms – SmartCharge Nashville Terms

Terms - SmartCharge Nashville

 Terms and Conditions; Voluntary Participation

Thank you for agreeing to participate in the SmartCharge Nashville Program (“Program”) that is being offered by the Tennessee Valley Authority (“TVA”), Nashville Electric Service and Middle Tennessee Electric Membership Corporation, and Geotab Energy, a division of Geotab Inc. company (“Geotab Energy”). The Tennessee Valley Authority, Nashville Electric Service, Middle Tennessee Electric Membership Corporation, and Geotab Energy may be referred to herein as the “Program Partners.  The Program with respect to collecting data for enhanced charging infrastructure via vehicle-side data and is a component of the project summarized at the following web address: www.smartchargerewards.com/nashville/ .

Your participation in the Program is expressly conditioned on your acceptance of these Terms and Conditions (the “Terms and Conditions” or this “Agreement”).  Your participation in the Program, however, is completely voluntary.  Therefore, if you do not agree with any of these Terms and Conditions, including the Geotab Energy Privacy Policy referenced below, please do not participate in the Program.  If you have already submitted an application to participate in the Program and you have been informed that your application has been approved for participation in the Program, please note that you will not become a participant in the Program unless, after approval of your application, you provide your mailing address within any time frame indicated in your application approval notice, following confirmation of which you will become a participant in the Program (each such person, a “Participant”).

Geotab Energy reserves the right to modify these terms and conditions at any time.  Any modifications to these terms and conditions will be made available for viewing at the following web address: www.smartchargerewards.com/nashville/.  Please check this page periodically.  Your continued participation in the Program will constitute your acceptance of any modifications to these Terms and Conditions.

Who May Participate in the Program

All Participants in the Program must be at least 18 years old.  By accepting these Terms and Conditions, you are representing and warranting to Geotab Energy that you are at least 18 years old, you have read these Terms and Conditions, and you are legally competent to accept these Terms and Conditions.

In addition, Participants in the Program should own or lease a light-duty battery electric vehicle or plug-in hybrid electric vehicle (“EV”) and reside in the Nashville Electric Service or Middle Tennessee Electric Membership Corporation service territory.

Geotab Energy is providing Participants with C2 vehicle logger devices (the “C2 Devices”) for the Program. Participants will generally be selected on a first come, first serve basis, subject to C2 Device availability and vehicle support at the time of application review.  The submission of an application to register in the Program does not guarantee selection for the Program and Participant selection decisions will be made by Geotab Energy in their sole and absolute discretion and all selection decisions are final and binding.

Information about the Program

Geotab Energy has developed this Program in order to learn more about light-duty battery electric vehicles and plug-in hybrid electric vehicles (“EVs”) and to learn more about the EV driving and charging patterns and preferences of EV drivers.  If you are selected to participate in the Program, you will be provided with a C2 Device for installation in the on-board diagnostics port (“OBD II Port”) of your vehicle, or in the case of Teslas, in the proprietary diagnostics connector.  Applicants with more than one EV are eligible to apply for more than one C2 Device.

During and after your participation in the Program, you may be asked to participate in follow up surveys, studies, audits, evaluations or verifications conducted by Geotab Energy or their agents or service providers in connection with the Program.  While we hope that you choose to participate in these surveys, your participation will be completely voluntary.

Participants will be able to view certain data collected by the C2 Device installed in her/his EV through personal log-in access to the Geotab Energy’s portal (the “Portal”).  In order to log into the Portal, Participants must have access to a computer, smart phone or other mobile device with internet access. You are solely responsible for all requirements to access the Portals including computer, smart phone or other mobile device with internet access and including any applicable changes and fees of any third party service providers.  Geotab Energy makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and/or access to the Portals at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; and (iii) any failure to transmit any data, communications or settings connected with the Portals, and Geotab Energy disclaims any and all liability with respect to such matters.

The C2 Device:  How it Works

Subject to availability, the C2 Device will be mailed to a selected Participant after eligibility has been determined and a mailing address has been timely received from the Participant. Upon proper submission of a completed application, an applicant should expect to receive a response on his/her application.  Selected Participants should expect to receive the C2 Device(s) after providing his/her mailing address in response to a notice of acceptance to participate in the Program.

 The C2 is installed by plugging it into the OBD II Port of battery electric vehicles or plug-in hybrid electric vehicles (or, in the case of a Tesla, by plugging into its proprietary diagnostics connector).  Participants with a Tesla will also receive a special adapter that is needed to install the C2 Device in a Tesla.  C2 Device installation is relatively easy to do.  Participants are solely responsible for installation, and installation is at the sole risk of the Participant. If you require any assistance with locating the OBD II Port, Tesla’s proprietary diagnostics connector, or need installation directions a link to the latest installation instructions will be provided by Geotab Energy.  Installation instructions are provided without representation or warranty of any kind by Geotab Energy.

Data Collected by the C2 Device and Privacy

In order to conduct the Program and to provide Participants with the products and services outlined in this agreement and appropriate customer service, and to enhance and improve these products and services, Geotab Energy will collect certain information through the C2 Device. A C2 Device installed in an EV will record when the Device is plugged into, and unplugged from, the EV.

It will also collect the following information:

(a) About your EV – VIN or Vehicle Identification Number, and EV make, model and model year;

(b)  About your charging patterns – for each charging session (for which a session number will be assigned) – start date and time, duration of charging session, charging power level (kW), total charging energy (total electricity consumed in kWh), 15-minute interval charging energy (kwh) charging loss (electricity lost due to charging efficiency in kWh), starting state of charge, ending state of charge, GPS coordinates of where the charging session occurred;

(c) Charging calculations – estimated battery state of health (i.e., the degree of ability of the high-voltage battery to accept and discharge electricity).

It will collect the following information, unless the Participant has chosen to disable collection:

(a) About your driving – drive start date and time, duration of trip, trip distance, EV state of charge at start of drive, EV state of charge at end of drive, electricity consumed during drive, liquid fuel consumed during drive (if EV is a plug-in hybrid), % idling, % hard acceleration, % hard braking, electric km fraction (if EV is a plug-in hybrid electric vehicle, the % of km or miles the car ran on electric), ambient temperature, GPS coordinates of the drive, and average auxiliary load during trip;

(b) Driving calculations – watt hours/km or watt hours/mile, total electricity consumed, GHG emissions saved.

The data outlined above will be made available for Participants to view in the Geotab Energy Portal so that the Participant can monitor his/her own vehicle’s charging and driving.

Geotab Energy will have ownership of, and access to, all of the above-listed data.  With the specific exclusion of GPS coordinates when driving, an anonymized subset of the data outlined above may be shared with the Program Partners and other third party suppliers.  GPS coordinates during driving will not be shared with any Program Partners or third party suppliers except in both anonymous and aggregate form to inhibit extraction of any individual driving behaviour.  The Program Partners may review specific locational data, such as GPS coordinates, while charging to understand the local impacts of specific EVs on the distribution system.  However, these GPS coordinates and any other personally identifiable information will only be published or shared with the Program Partners, no third-party will have access to this information.

Information that is collected through the C2 Device will be erased from the device once the information is transferred to Geotab Energy.   The data collected by the C2 Device is encrypted when transmitted to Geotab Energy servers. In addition to the data listed above, Geotab Energy will collect the information you provide on your Program application and any surveys or other Program evaluations that you choose to complete and submit during your participation in the Program.

Collected information that is transferred to Geotab Energy will be retained by Geotab Energy for an indefinite amount of time.

Please see the Geotab Energy Privacy Policy (the “Privacy Policy”) available at www.smartchargerewards.com/privacy-policy/ for further information on data collected by Geotab Energy and how it may be used by Geotab Energy.

Without limiting the terms of the Privacy Policy referenced above, Geotab Energy may use the information they obtain about you through your participation in the Program, including data collected through the C2 Device provided to you (collectively, “Participant Information”), in order (a) to operate, administer, market, evaluate, analyze, change or improve the Program, the C2 Devices and the Portal, and (b) to prepare and present general, aggregated or anonymized results and information about the Program to third parties.  Geotab Energy may also use and publish information regarding your participation in the Program, your use of the C2 Device, and your use of the Portals as long as the information is presented in an anonymized format (i.e., in a manner that does not identify you).

EV Owner Consent to Data Collection and Use

YOU ARE RESPONSIBLE FOR NOTIFYING EVERYONE WHO OWNS OR USES (AS DRIVER OR PASSENGER) THE EV IN WHICH A C2 DEVICE HAS BEEN INSTALLED THAT THE INFORMATION DESCRIBED ABOVE WILL BE COLLECTED AND AVAILABLE TO YOU AND GEOTAB ENERGY.  BY PARTICIPATING IN THE PROGRAM, YOU REPRESENT THAT YOU HAVE THE CONSENT OF THE REGISTERED OWNER AND THE USERS OF EACH EV IN WHICH A C2 DEVICE WILL BE INSTALLED TO (A) INSTALL THE C2 DEVICE IN THE EV, AND (B) PERMIT YOU AND GEOTAB ENERGY TO VIEW  AND USE THE DATA AND INFORMATION COLLECTED BY THE INSTALLED C2 DEVICE, AS MORE PARTICULARLY DESCRIBED IN THE PREVIOUS SECTIONS OF THESE TERMS (I.E., THE C2 DEVICE: HOW IT WORKS; DATA COLLECTED BY THE C2 DEVICE AND PRIVACY) AND GEOTAB ENERGY PRIVACY POLICY REFERENCED ABOVE.

YOU AGREE NOT TO PARTICIPATE IN THE PROGRAM OR USE ANY C2 DEVICE OR THE PORTALS SERVICE IN ANY WAY THAT IS ILLEGAL, FRAUDULENT OR ABUSIVE, INCLUDING TO HARASS, THREATEN, ABUSE, DEFAME OR SLANDER ANY INDIVIDUAL.

How to Participate in the Program

If you wish to participate in the Program, you must do the following:

Submit your application which can be found at www.smartchargerewards.com/nashville/. The Program team will review your application to confirm eligibility. If accepted, Geotab Energy will send you a confirmation email and ask you for your mailing address.  Upon receipt of your mailing address, Geotab Energy will send you a C2 Device with instructions for installation of the C2 Device.

Can the C2 Device be Transferred to Another Vehicle?

Pending approval from the Program team, you may be eligible to transfer the C2 Device to another EV during your participation in the Program as long as the substitute vehicle is an EV that is owned or leased by the same Participant as the previous vehicle. The C2 Device will read the new vehicle’s VIN and update the account with the information on the new vehicle. Please contact support@smartchargerewards.com if you wish to transfer your device to a new EV.

Withdrawal from the Program

Your participation in the Program is completely voluntary so you are free to withdraw from the Program at any time.  To withdraw from the Program, remove the C2 Device from your EV and notify Geotab Energy of your withdrawal at support@smartchargerewards.com.  You are not obligated to return any C2 Device that has been installed in your EV.

Geotab Energy reserves the right to terminate the Program at any time for any reason or for no reason.  Participants will have access to the Portal for minimum of thirty (30) days after the Program terminates.

Once the Program terminates or a Participant withdraws from, or is deemed withdrawn from, the Program, new data from the EV(s) in which a C2 Device(s) is installed will cease to be collected within 15 days after termination or withdrawal in order to protect the privacy of participants.

A Participant who withdraws from the Program voluntarily will continue to have post-termination access to the Portal for thirty (30) days.  Once a Participant no longer has access to the Portal, the Participant will no longer have the ability to view previously recorded data from their EV.

In addition to the above, Geotab Energy, by sending an email notice to the Participant, reserve the right to immediately terminate Program participation of anyone who engages in any fraud or in any activity or actions in violation of these terms and conditions.  This type of termination may result in Participant’s immediate loss of access to the Portals.

Ownership of the Devices

Geotab Energy will provide a C2 Device for each EV registered in the Program.  In addition, for so long as the Program is in effect and the Participant continues her/his participation in the Program the Participant may access the Portal.  A Participant who installs a C2 Device in her/his EV is free to keep the device after withdrawal or termination from the Program or the termination of the Program.  However, if a person receives a C2 Device and decides not to install the device and participate in the Program, Geotab Energy requests that the person return the C2 Device so that Geotab Energy may provide the device to another eligible Participant.  To organize return of a C2 Device please email support@smartchargerewards.com to arrange receipt of a pre-paid return mailing label.

Geotab Energy is providing Devices for use only by eligible, selected Participants.  Therefore, Participants have no right to sell, transfer or assign C2 Devices provided to them in connection with the Program or the Portal(s) access rights provided to Participants.

You agree not to tamper with, disable or damage the C2 Device that is provided to you in connection with the Program.  Any failure to comply with these obligations will be at your sole risk for any damage that may result including damage to the C2 Device or your EV or injury to any person. You further agree to not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the C2 Device, the software embedded therein, or any software used to provide or access the Portal(s).

Intellectual Property Ownership

The Portals, C2 Devices and related software, and all data collected during the Program is the sole and exclusive property of Geotab Energy.  Without limiting the foregoing any and all intellectual property developed by Geotab Energy, including modifications, enhancements, or changes to its products (including the C2 Devices, the Portal, and all related software) and services is and will remain solely owned by Geotab Energy. The foregoing includes intellectual property that may be as a result of any data collected or any Feedback (as defined below) provided by you as part of your involvement in this Program.   Geotab Energy may provide you with a mechanism to provide to feedback, suggestions, ideas, improvements and comments about the Program (“Feedback”). You agree that all Feedback shall become the sole and exclusive property of Geotab Energy and Geotab Energy may, in its sole discretion, use any Feedback in any way, including for future modifications, improvements and enhancements to the its products and services, and/or in advertising and promotional materials relating thereto without notice to you and without compensation. You hereby irrevocably assign to Geotab Energy all rights, title and interest in and to any and all Feedback and you hereby irrevocably waive, to the maximum extent permitted by law, all rights of attribution, paternity, integrity, modification, disclosure and withdrawal, and any other rights throughout the world that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively, “Moral Rights”).

Participant Information and Security Measures

You represent and warrant that you have provided accurate information in your Program Participation application and you will promptly notify Geotab Energy of any changes to that information.  You are responsible for ensuring that we have your current email address and telephone number on file.  You should inform us of any changes to your email address or phone number by contacting support@smartchargerewards.com.  You must notify Geotab Energy immediately about any breach of security or unauthorized use of your Portal account.  Geotab Energy will not be liable for any losses resulting from unauthorized access to or use of the C2 Device, the Portals or any other aspect of the Program, and you may be liable to us or other parties due to any such unauthorized access or use.

Geotab Energy maintains commercially reasonable security precautions to prevent unauthorized access to data however you acknowledge that, notwithstanding such security precautions, use of or connection to the internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to data. Accordingly, Geotab Energy cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over the Internet

Warranty Disclaimer

NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GEOTAB ENERGY PROVIDES THE C2 DEVICE, THE PORTALS AND ALL SOFTWARE INCORPORATED INTO THE FOREGOING AND ALL SERVICES RELATED TO THE PROGRAM TO YOU ON AN “AS-IS” BASIS, WITH ALL FAULTS, ERRORS AND DEFECTS AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER GEOTAB ENERGY OR ANY OF THEIR SUPPLIERS.  IN CONNECTION WITH THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW GEOTAB ENERGY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GEOTAB ENERGY DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE C2 DEVICES. GEOTAB ENERGY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE SOFTWARE INCORPORATED IN THE C2 DEVICES OR THE SERVICES PROVIDED THROUGH THE PORTALS WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER GEOTAB ENERGY, NOR ANY OF THEIR AFFILIATED ENTITIES, NOR ANY EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR REPRESENTATIVES, SUCCESSORS OR ASSIGNS OR ANY OF THEM (COLLECTIVELY, THE “PROGRAM OPERATORS”) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE OR INJURY TO PERSONS OR VEHICLES OR OTHER PROPERTY, IN CONNECTION WITH, ARISING FROM OF OR RELATED TO THE PROGRAM, THE PORTALS, OR THE INSTALLATION OR USE OF A C2 DEVICE IN YOUR VEHICLE, OR DAMAGE TO OR THE INTERRUPTION OF POWER TO ANY EQUIPMENT TO WHICH YOUR VEHICLE IS CONNECTED, EVEN IF A PROGRAM OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION AND WAIVER WILL APPLY TO ALL CLAIMS REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY).  WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT GEOTAB ENERGY’S LIABILITY FOR ANY DAMAGE CAUSED BY A C2 DEVICE OR OTHERWISE SHALL BE LIMITED TO THE PROPERTY DAMAGE DIRECTLY CAUSED TO THE VEHICLE BY THE FAILURE OF A DEVICE WHICH HAS BEEN PROPERLY INSTALLED IN THAT VEHICLE UP TO A MAXIMUM OF $1,000.  YOU ALSO AGREE THAT IN NO EVENT SHALL THE PROGRAM OPERATORS BE RESPONSIBLE FOR PROBLEMS, DAMAGES OR LOSSES CAUSED BY YOU, THIRD PARTIES, OR BY AN ACT OF GOD.  SOME PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE THAT YOU SHALL NOT INITIATE ANY LAWSUIT OR CLAIM AGAINST A PROGRAM OPERATOR IN CONNECTION WITH, ARISING OUT OF OR RELATED TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE C2 DEVICE, THE PORTALS, AND CHARGE THE NORTH AFTER THE DATE WHICH IS ONE YEAR AFTER YOUR WITHDRAWAL FROM THE PROGRAM OR THE PROGRAM’S TERMINATION, WHICHEVER IS EARLIER.

Indemnification

You will indemnify, defend and hold Geotab Energy and their respective Program Operators, licensors and suppliers (the “Indemnified Parties”) harmless from any claims arising out of or related to your or any additional user’s actual or alleged misuse or fraudulent use of a C2 Device or the Portals, including, without limitation, the infringement of a third party’s intellectual property rights or other rights, such as personal or privacy rights.  You shall be responsible for any costs incurred by the Indemnified Parties, including, but not limited to, reasonable legal fees, disbursements and court costs in connection with any such claims on a full indemnity basis.

Force Majeure

Without limiting any other provision of these Terms and Conditions, Geotab Energy shall not be in default, and shall not be deemed to be in default, under these Terms and Conditions by reason of delay or the failure or inability to perform its obligations hereunder where the said delay, failure or inability is due solely to any cause which is unavoidable or beyond the reasonable control of Geotab Energy, including without limitation any act of God or other cause which frustrates the performance of this agreement.

Governing Law 

These Terms and Conditions and any disputes related to them or the Program shall be governed by applicable federal law and the laws of the Province of Ontario, excluding its conflicts of law provisions.

Assignment

Geotab Energy are permitted to assign this Agreement, in whole or in part, to any person, at any time, and without notice to you.  You may not assign this Agreement.

Entire Agreement

These Terms and Conditions, including the Privacy Policy and any other documents or policies incorporated by reference into these Terms and Conditions, constitute the entire agreement between you, on the one hand, and Geotab Energy, on the other hand, with respect to the Program and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written, with respect to such subject matter.

Waiver/Severability

No waiver of any provision of these Terms and Conditions shall be deemed or constitute a waiver of any other provision of or any subsequent breach of these Terms and Conditions.  No waiver shall be valid unless made in a writing signed by the party granting the waiver.  If any provision in these Terms and Conditions is declared invalid or unenforceable, then such provision shall be severed from the remainder of these terms and conditions, which will otherwise remain in full force and effect.

No Third Party Beneficiaries

These Terms and Conditions are for the benefit of Geotab Energy and their respective successors and assigns with respect to your obligations under these Terms and Conditions and for your benefit with respect to your rights under these Terms and Conditions.  There are no third party beneficiaries under these Terms and Conditions and these Terms and Conditions will not be deemed to confer upon or give to any other person any claim or other right or remedy.