Terms of Service for Renew Home, LLC

These Terms of Service govern Renew Home’s relationship with you as you interact with our services.

It is important to understand these terms because, by using or accessing our services, you agree to and accept these terms, which are a binding agreement between you and Renew Home.

In addition to these terms, we also publish a Privacy Policy. Please read it so you can better understand how to update, manage, export, and delete your information and more generally understand how we use the information you provide to us as part of the services.

Acceptance of Terms

You accept these Terms of Service by doing any of the following things:

Connect your utility account to our services to authorize sharing your energy data
Agree to the terms when presented, whether by physical or electronic signature or other affirmative consent
Create an account and continue to maintain that account

If you don’t want to accept these Terms of Service, don’t do any of these things.

Service Provider

When we say “Renew”, “Renew Home”, “us”, “our”, or “we” that means Renew Home, LLC and its subsidiaries. Renew Home services are provided by, and you are contracting with:

Renew Home, LLC (and its subsidiaries), which is organized under the laws of the State of Delaware and operating under the laws of the USA.

2201 Broadway, Suite 702
Oakland, California 94612

We give you permission to access and use our services if you agree to comply with these terms, and if applicable, any service-specific additional terms. You also agree that our Privacy Policy applies to your use of our services.

Our Services

As part of our business we provide a range of services that are all subject to these terms, including:

Connected device adjustments and management (like energy shifting for various purposes)
Utility integrations including monitoring energy usage
Home energy management
Insights and savings or reward opportunities with Renew Home
Access to our websites including our Web app
Demand response programs
Virtual Power Plant programs
Energy market integrations
Recommendations for you

Many of our services are designed to help users decrease energy usage when energy is in high demand and at other specific times as determined by us. We are able to provide benefits to the electric grid by aggregating this management of energy usage across many users at the same time. When we all do a little, it adds up to a lot.

Our services are designed to work together, but some of them are not possible without additional input from you. By enrolling in or participating in any of these services, we may need to collect certain information, such as your utility account number, address, home characteristics, or your customer choice ID. In some cases, such as to control your devices, we may ask you to connect additional third-party accounts with us like your utility, smart thermostat, electric vehicle, hot water heater, or home battery. If you enable these integrations, we may orchestrate your device usage to advance energy management goals related to the services. However, you will always be in control of your devices, and you may override any automations from us at any time. You may also modify these integrations by navigating to the settings page associated with your account. By providing this and other information to us, you give us permission to use the information to provide the services.

If you provide us with additional information we may attempt to use it on your behalf to provide you with additional services as they are available. This may include using information you provided to request additional relevant data about you, like your utility records, and this information will be managed in accordance with our Privacy Policy and Energy Usage Information Policy.

Renew Home may decide to pass through or share rewards with you for allowing us to enroll you in programs or for your performance in the services and programs but these services are provided by Renew Home at no cost to you, and you are not entitled to any compensation or rewards. These programs could be provided by load serving entities (like utilities), energy providers, energy wholesalers, energy retailers, energy grid operators, third-party companies, governments and regulators, or Renew Home ourselves.

Our ability to provide services may be limited by factors outside of our reasonable control. Some services are limited by geography or other factors; a list of local additional terms can be found at the end of these terms.

We may be required to submit certain forms on your behalf to provide the services. If we enroll you in a third-party program with additional terms and conditions, we will provide that information to you.

Develop, improve, and update our services

We're constantly developing new technologies and features to improve our services. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and offer new services or remove old ones. When a service requires or includes downloadable or preloaded software, that software sometimes updates automatically on your device once a new version or feature is available.

What We Expect From You

We may introduce certain requirements, like connecting a smart device, that limit your eligibility to create an account or participate in the services. Our ability to provide the services may be limited by incorrect or incomplete information. You will provide us with updated information in a timely manner. We may prompt you to reconnect or make updates related to these requirements.

As part of using our services you must follow these rules:

Comply with applicable laws
Respect the rights of others, including privacy and intellectual property rights
Do not abuse, harm, interfere with, or disrupt our services or systems

Service-Related Communications

To provide you with our services, we sometimes send you service announcements and other information, including if we need input from you to enable services. To learn more about how we communicate with you, see Renew Home’s Privacy Policy.

If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.

Renew Content

Most of our services include content that belongs to Renew Home — for example, many of the visual illustrations you see on our website. You may use Renew Home’s content as allowed by these terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices.

Software in Renew Home Services

Some of our services include or depend upon third-party, downloadable, or preloaded software. Third-party software may be governed by outside terms. We give you permission to use our software as part of the services.

The license we give you is:

Non-exclusive, which means that we can license the software to others
Royalty-free, which means there are no royalty fees for this license
Personal, which means it doesn’t extend to anyone else
Non-assignable, which means you’re not allowed to assign the license to anyone else

Some of our services include software that we make available to you and that's offered under open source license terms.

You may not copy, modify, distribute, sell, or lease any part of our services or software.

Your use of third-party products or services may be subject to the third-party provider’s terms and conditions. You understand and agree that Renew Home is not a party to the third-party terms, and is not responsible for and has no liability related to the third-party products or services or third-party terms, even though the third-party products and services are made available to you through our services. Your use of the third-party products is at your own risk. We encourage you to review and understand applicable third-party terms.

In Case of Problems or Disagreements

Warranty Disclaimer

We build our reputation on providing useful, reliable services, and we’re continuously improving our services to meet your needs. However, for legal purposes, we offer our services without warranties unless explicitly stated otherwise in any service-specific additional terms. The law requires that we explain this using specific legal language and that we use capital letters to help make sure you see it, as follows:

TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE DO NOT GUARANTEE OR PROMISE ANY SPECIFIC LEVEL OF ENERGY SAVINGS, UTILITY BILL SAVINGS, OR OTHER BENEFIT FROM THE USE OF THE SERVICES. ACTUAL ENERGY SAVINGS AND BENEFITS VARY DEPENDING ON A VARIETY OF FACTORS, MANY OF WHICH ARE BEYOND OUR CONTROL OR KNOWLEDGE.

Liabilities

Both the law and these terms try to strike a balance as to what you or Renew Home can claim from the other in case of problems. These terms limit our responsibilities unless prohibited by applicable law, but they do not limit liability for gross negligence or willful misconduct.

To the extent allowed by applicable law, Renew Home isn’t liable for:

Loss of profits, revenues, business opportunities, goodwill, or anticipated savings
Indirect or consequential losses
Punitive damages
Products and services not provided by us

Renew Home’s total liability arising out of or relating to these terms is limited to the greater of (1) $100 or (2) the fees paid to use the relevant services in the 12 months before the dispute.

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Renew Home and its subsidiaries and subsidiaries (including the licensors, suppliers and service providers of Renew Home and its subsidiaries) from and against all third-party claims, damages, losses, costs and expenses (including attorneys’ fees) arising out of your use of the services or any violation of these terms by you. Renew Home reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Renew Home is committed to maintaining the security of the data you provide us and will take reasonable organizational, technical and administrative measures designed to protect your personal information. However, the services are provided through wireless networks and the internet, and there is always some risk in transmitting information over the internet. For this reason, Renew Home cannot guarantee the security and privacy of wireless transmissions or transmissions via the internet, and you agree that we will not be liable for any lack of security relating to the use of the services by you. You agree that you will not hold Renew Home liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.

Unenrolling, Suspending, or Terminating Access to Services

You may disenroll from the services and terminate your account at any time by navigating to the settings page associated with your account. This process may take up to 45 days to complete and may require certain actions on your part to complete your request. Certain data associated with your account, such as the account Information or utility records, may not be deleted where such information is required by a regulatory entity for audit purposes, where information used in aggregate will enable us to provide services for the electric grid, or where we are required to maintain the data to comply with applicable laws.

Without limiting any of our other rights, Renew Home may suspend or terminate your access to the services or delete your account if any of these things happen:

You materially or repeatedly breach these terms, service-specific additional terms or policies
We’re required to do so to comply with a legal requirement or a court order
Your conduct causes harm or liability to a user, third party, or Renew Home — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you

Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.

For Google Nest users in the Renew Rewards program, you may get in touch with the Google support team by visiting the Google Nest Contact Us page to cancel your participation in the Google Rush Hour Rewards program.

Settling Disputes, Governing Law, and Courts

California law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved only in the federal or state courts of Alameda County, California, USA, and you and Renew Home hereby submit to the personal and exclusive jurisdiction of these courts for resolution of any lawsuit or court proceeding permitted under these terms.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. Except for certain kinds of disputes described in Section 1 you agree that disputes arising under these terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND RENEW HOME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY. (See Section 1).

About These Terms

By law, you have certain rights that can’t be limited by a contract like these Terms of Service. These terms are in no way intended to restrict those rights.

These terms describe the relationship between you and Renew Home. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.

We want to make these terms easy to understand, so we've used examples from our services. But not all services mentioned may be available where you live or to you.

If these terms conflict with the service-specific additional terms, the additional terms will govern for that service.

If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. We encourage you to review these terms from time to time and reference the “last updated” date which we will include at the top of the page.

If we materially change these terms or service-specific additional terms in a way that may not be to your benefit, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to these terms or any updates or new terms, you must stop using the services. You can also end your relationship with us at any time by closing your account.

Section 1. Arbitration

As used in this Arbitration section, “you” and “your” mean the registered user(s) of the services, and all of his/her heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, assigns, as well as all authorized and unauthorized users or beneficiaries of services under this or prior agreements between us. “Renew Home”, “We,” and “Our” shall mean Renew Home and shall be deemed to include all of its heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, directors, officers, predecessors in interests, successors, assigns.

(a) Generally: In the interest of resolving disputes between you and Renew Home in the most expedient and cost-effective manner, and except as described in Sections 1(b) and 1(c), you and Renew Home agree that every dispute arising in connection with these terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the services or these terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises before, during or after the termination of these terms, including any issue concerning the validity, enforceability, or scope of this Agreement or this agreement to arbitrate. The arbitrator (and not any court) shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms are applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this arbitration agreement can be enforced or applies to a dispute, you and Renew Home agree that the arbitrator will decide that issue. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RENEW HOME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. To the fullest extent possible, the Federal Arbitration Act (“FAA”) and federal arbitration law apply to this arbitration agreement under Section 1.

(b) Exceptions: Notwithstanding the provisions of Section 1(a), nothing in these terms will be deemed to waive, preclude, or otherwise limit the right of either party to:

Bring an individual action in small claims court
Pursue an enforcement action through the applicable federal, state, or local agency if that action is available
Seek injunctive relief in a court of law in aid of arbitration
File suit in a court of law to address an intellectual property infringement claim

(c) Opt Out: If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 1 within thirty days after the date that you agree to these terms by sending a message to arb-optout@renewhome.com or a letter to Renew Home, LLC, Attention: Legal Department – Arbitration Opt-Out, 2201 Broadway, Suite 702 Oakland, California 94612, that specifies: your full legal name, the email address associated with your Account on the services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Renew Home receives your Opt-Out Notice, this Section 1 will be void and any action arising out of these terms will be resolved as set forth in terms. The remaining provisions of these terms will not be affected by your Opt-Out Notice. You may reject any change we make to Section 1 (except address changes) by sending us notice within thirty days of the change to the addresses provided above. If you do, the most recent version of Section 1 before the change you rejected will apply.

(d) Arbitrator: Except where prohibited by law, you and Renew Home agree that any and all disputes are to be arbitrated by a single arbitrator. An arbitration commenced pursuant to these terms shall be administered and governed by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”) and its Procedures for the Resolution of Disputes through Document Submission ("Document Submission Procedures"). The arbitration will be conducted solely based on written submissions. The arbitration will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. To the extent there is any inconsistency between the terms of this Arbitration Section and the AAA Rules the provisions of these terms shall apply. The AAA Rules, forms and information are available online at www.adr.org.

(e) Notice of Arbitration; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Renew Home’s address for Notice is: Renew Home, LLC, 2201 Broadway, Suite 702 Oakland, California 94612. The Notice of Arbitration must:

Describe the nature and basis of the claim or dispute
Set forth the specific relief sought (“Demand”)

The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty days after the Notice of Arbitration is received, you or Renew Home may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.

(f) Fees: If you commence arbitration in accordance with these terms, Renew Home will reimburse you for your payment of the initial filing fee, unless your claim is for more than $1,000, in which case the payment of any fees will be governed by the AAA Rules. If it is determined by the arbitrator that you cannot afford such fees, Renew Home will pay all arbitration fees and expenses. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen days of the arbitrator’s ruling on the merits.

(g) No Class Actions: YOU AND RENEW HOME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Renew Home agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

(h) Enforceability: If Section 1(g) or the entirety of this Section 1 is found to be unenforceable, or if Renew Home receives an Opt-Out Notice from you, then the entirety of this Section 1 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 1 will govern any action arising out of or related to these terms.

(i) LIMITATION ON CLAIMS: YOU MUST FILE IN SMALL CLAIMS COURT OR FILE ARBITRATION OF ANY DISPUTE WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

Digital Millennium Copyright Act (“DMCA”) Notice

In operating the service, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the service. Renew Home has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the service. Renew Home has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Renew Home or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these terms. If you believe any material available via the service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.Code Section 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is copyrightagent@renewhome.com.

Miscellaneous

These terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Renew Home. These terms do not create third-party beneficiary rights in any person or entity. If any provision of these terms is held to be unlawful, void, or unenforceable, that provision (or portion of the provision), to the extent required, will be severed from these terms but the remaining provisions of these terms will remain valid and enforceable. You may not assign, transfer or sublicense any or all of your rights or obligations under these terms. Any attempted transfer or assignment in violation hereof shall be null and void. We may subcontract, assign, transfer or sublicense any or all of our rights or our obligations under these terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. These terms and all other terms and conditions referenced herein constitute the entire agreement between you and Renew Home relating to the subject matter of these terms, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Renew Home relating to such subject matter. Your use of the services is subject to all additional terms, policies, rules, or guidelines applicable to the services or certain features of the services that we may post on or link to from the services, including but not limited to promotion terms (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these terms. Without limitation, a printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Renew Home is not responsible for any delay or failure to fulfill any obligation under these terms due to any cause beyond its control, including without limitation acts of God, acts of war, civil or military disturbances, terrorism, nuclear or natural catastrophes, earthquake, flood, pandemic or epidemic, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of Internet, communications or power grid infrastructure.

CA Specific Terms

These additional-service terms incorporate the Renew Home, LLC Terms of service (“TOS”). Any defined terms used here but not defined have the meanings set forth in the TOS.

California-Specific Terms

Restriction on Back-Up Generators (BUGs)

For purposes of compliance with California Public Utilities Commission (CPUC) Resolutions E-4737, E-4754 and E-4838, Renew Home, LLC requires that users with back-up generation on their premises do not use this generation during energy reduction events coordinated by Renew Home. Back-up generation includes fossil-fueled back-up generation owned or used by a retail electric customer including, but not limited to, distributed generation technologies using gasoline, diesel, natural gas, propane or liquefied petroleum gas, whether or not in a combined heat and power (CHP) configuration (“Prohibited Resources”). Prohibited Resources do not include energy storage systems, provided such energy storage systems meet the greenhouse gas emission factor thresholds in effect from time to time under the CPUC’s Self-Generation Incentive Program (SGIP). YOU HEREBY ATTEST THAT YOU WILL NOT USE PROHIBITED RESOURCES DURING ANY ENERGY REDUCTION EVENT COORDINATED BY RENEW HOME. User compliance to the attestation may be subject to verification. The consequences of non-compliance:

For residential, any user that does not accept the prohibition will not be eligible to participate in the demand response program.
For non-residential, if the instance of non-compliance involves clerical or administrative errors, such as an inaccurate listing of a user name or the nameplate value of a Prohibited Resource in an attestation, or a failure to include a user’s Prohibited Resource on an attestation, provided in all cases that such Prohibited Resource is not used in violation of the terms of this Agreement (collectively, “Type One Non-Compliance”), Renew Home shall specify that the user will have sixty days from receipt of notice to cure such Type One Non-Compliance. If the instance of noncompliance involves either (i) the user attested to the “does not have” or “no-use” provisions of Prohibited Resource(s) but is verified to have used a Prohibited Resource to reduce load during a demand response event; or (ii), a user intentionally submits an invalid nameplate capacity value for the Prohibited Resource(s) (collectively, “Type Two Non-Compliance”), then the user will be removed from Renew Home’s demand response program as follows. If there is an instance of an uncured Type One Non-Compliance, or a Type Two Non-Compliance, the consequences will be removal from Renew Home’s demand response program and ineligibility to enroll in any demand response program subject to the prohibited resource requirement in CPUC Decision 16-09-056 for twelve calendar months from the removal date (for a single instance of noncompliance), or three years from the removal date (for two or more instances of noncompliance).

Demand Side Grid Support (DSGS) or Distributed Electricity Backup Assets (DEBA) Program

By enrolling in and participating in the DSGS or DEBA programs, you understand and agree that certain information and data related to your participation in the program will be collected and may be shared with the California Energy Commission (“CEC”). Participation in the DSGS or DEBA programs is voluntary, however. If you do not wish for us to share your data and information related to your participation in the DSGS program with the CEC, we will not be able to enroll you in the DSGS or DEBA programs and you also may be unable to participate in our demand response program. Information provided to the CEC is governed by applicable state and federal laws, including the California Public Records Act, and may be subject to public inspection and copying if not otherwise protected by state or federal law.

New York-Specific Terms

These additional-service terms incorporate the Renew Home, LLC Terms of Service (“TOS”). Any defined terms used here but not defined have the meanings set forth in the TOS.

(a) Market Applications

In addition to the permissions set forth above, if you are a resident of the State of New York, you expressly consent to Renew Home acting on your behalf in energy and capacity transactions and energy management programs, and acting as the organization of record for all financial transactions as applicable to the Renew Home services.

(b) Utility Programs

If you are enrolled or enroll in or participate in a Rider T Demand Response Program of the utility Con Edison, you are responsible for ensuring that (1) any use of electric generators meets all federal, state and local regulations, and their permitted conditions, and (2) any of your electric generation participating in a Rider T Demand Response Program must comply with Con Edison’s interconnection process requirements. If you are enrolled or enroll in or participate in the Distribution Load Relief Program of the utility PSEG Long Island, you must comply with Long Island Power Authority’s Dynamic Load Management Tariff. YOU HEREBY ATTEST THAT YOU WILL COMPLY WITH ANY APPLICABLE UTILITY PROGRAM REQUIREMENTS DURING EVENTS COORDINATED BY RENEW HOME. User compliance to the attestation may be subject to verification.

(c) Governing Law

For residents of New York, these terms are governed by and construed under the laws of the State of New York, without regard to its principles of conflicts of law. You and Renew Home hereby submit to the personal and exclusive jurisdiction of the state courts and federal courts in New York City, New York, for resolution of any lawsuit or court proceeding permitted under these terms.

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Renew Home, LLC Terms of Service