Please Carefully Read These Terms and Conditions Before Submitting Your Application
Residential Electric Vehicle Charging Pilot Study
Tacoma Power intends to conduct a pilot study on residential, customer electric vehicle and plug-in hybrid electric vehicles to collect information on vehicle charging cycles, charging power draw and energy use, and vehicle use. In addition, Tacoma Power intends to survey study participants to better understand residential power customers that own EVs. This information will help inform Tacoma Power to develop improved services and potential programs to better support electric vehicles. FleetCarma is the contractor/vendor assisting Tacoma Power with this study and which is providing the monitoring devices discussed below.
Participant Authorization to Release Information
As detailed in Section 4, by participating in this Pilot Study you will be providing the following information to FleetCarma, Tacoma Power’s contractor providing study services and hardware:
a. Your name
b. Your address
c. Your phone number
d. Your email address
Further, the hardware used in the Pilot Study will collect data about your vehicle charging habits as described in Section 4. By accepting these terms and conditions by: By selecting “yes” to “I have opened, reviewed, and agree to the Terms & Conditions of the Tacoma Power Study” you:
(A) Authorize FleetCarma to disclose your address and other contact information to third parties as necessary to complete the pilot study (for example, to mail the hardware to your home address),
(b) Authorize FleetCarma to contact you concerning the features and capabilities of their products as they relate to this pilot study, and
Participation Terms and Conditions
This “Participation Agreement” specifies the terms and conditions of your participation in the Residential Electric Vehicle Charging Pilot Study (herein referred to as the “Pilot Study” or “Study”). Your participation in the Pilot Study Tacoma is voluntary and expressly conditioned on your acceptance of these Terms and Conditions (the “Terms and Conditions” or this “Agreement”). You must indicate your acceptance by selecting the acceptance button on the registration form. If you do not agree with any of these Terms and Conditions, including the Privacy Policies referenced below, do not acknowledge that you accept the conditions on the registration form.
Tacoma Power, in its sole and absolute discretion, shall determine eligibility for study participants. Participation is contingent on availability of C2 Devices. YOU UNDERSTAND AND ACKNOWLEDGE BY INDICATING YOUR ACCEPTANCE THAT TACOMA POWER MAY TERMINATE THIS PARTICIPATION AGREEMENT AT ANY TIME AND FOR ANY REASON. Without limiting the foregoing, Tacoma Power may terminate this Participation Agreement in the event C2 Devices are not available, funding for the Pilot Study is withdrawn, or you become or Tacoma Power determines that you are ineligible to participate.
All Participants in the Pilot Study must meet certain requirements to participate. By accepting these Terms and Conditions, you are representing and certifying to Tacoma Power and FleetCarma that you are (1) at least 18 years old, (2) you have read these Terms and Conditions, (3) you are legally competent to accept these Terms and Conditions, (4) you have a residential electrical service account with Tacoma Power, (5) you own or lease an eligible light-duty battery electric vehicle or plug-in hybrid electric vehicle (“EV”) and (6) you have exclusive access to a vehicle charger, meaning the charger is not a shared community or building charger (to be eligible for this Pilot Study you must have exclusive, free, and unrestricted access to a charger). Chargers must be UL listed and installed and used per manufacturer’s instructions.
2. Modifications of Terms and Conditions
Tacoma Power and FleetCarma reserve 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.fleetcarma.com/evchargetacoma/ . Please check this page periodically. Your continued participation in the Pilot Study will constitute your acceptance of any modifications to these Terms and Conditions
3. Participation Payment
Participants may qualify for up to three individual payments as follows: Payment 1 of $50 upon Participant’s correct installation of the C2 Device with confirmed data transmission AND completion of the initial survey. Payment 2 of $200 after Tacoma Power receives data for the first year of the study. Payment 3 of $250 after Tacoma Power receives data for the second year of the study AND Participant completion of the final survey. In no event shall Tacoma Power provide each registered Participant vehicle more than $500.
4. Data Collected by Pilot Study and Privacy
To conduct the Pilot Study, FleetCarma will collect certain information through the registration process and through the C2 Device.. Via the registration process, FleetCarma will collect your name, addresses, phone number, and email address. A correctly installed C2 Device will collect the following:
(a) When the C2 Device is plugged into and unplugged from the EV;
(b) Your VIN or Vehicle Identification Number, EV make, EV model, and EV model year;
(c) Drive start date and time, trip duration, trip distance, EV state of charge at start of drive, EV state of charge at end of drive, electricity consumed during the drive, liquid fuel consumed during drive (if EV is a plug-in hybrid electric vehicle), electric miles fraction (if EV is a plug-in hybrid electric vehicle), ambient air temperature, and average auxiliary load during trip;
(d) Charge event start date and time, charging duration, charging power level (kW), 15-minute interval charging energy (kWh), charging losses, starting state of charge, ending state of charge, and GPS coordinates of where the charging session occurred.
Please note that you are responsible for correctly installing the C2 Device
5. 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 in Section 4 above will be collected and available to you through an online portal located on your FleetCarma online account. By agreeing to these participation terms and conditions, you represent that (a) you are the registered owner or lessee of each EV in which a C2 device will be installed, (b) if you are leasing the EV you are permitted to install the C2 device in the EV, and (c) you are authorizing Tacoma power and FleetCarma to view and use the data and information collected by the installed C2 Device. You agree not to participate in the Pilot Study or use any C2 Device in any way that is illegal, fraudulent, or abusive, including to harass, threaten, abuse, defame or slander any individual.
If you do not activate and/or install the C2 Device(s) within 7 days of receipt, you will receive a notice, via email, reminding you to install and activate the C2 Device. You may be considered withdrawn from the Pilot Study if you do not install and activate your C2 Device within 3 weeks of receipt. If you decide not to install and activate the C2 Device, we require that you return the C2 Device. Please email EVCharge@cityoftacoma.org to arrange for device returning instructions.
6. Transfer of C2 Device to Another Vehicle
Pending approval from the Pilot Study team, you may be eligible to transfer the C2 Device to another EV during your participation in the Pilot Study as long as the substitute vehicle is an EV that is owned or leased by the same person 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 EVCharge@cityoftacoma.org if you wish to transfer your device to a new EV.
7. Withdrawal from the Pilot Study
Your participation in the Pilot Study is completely voluntary and you are free to withdraw from the Pilot Study at any time. To withdraw from the Pilot Study, remove the C2 Device from your EV and notify Tacoma Power of your withdrawal at EVCharge@cityoftacoma.org. If you withdraw from the Pilot Study, you are obligated to return any C2 Device that has been installed in your EV within 30 days.
For each month that you do not charge an EV with a properly installed C2 Device in the Tacoma Power service territory, you will receive an email inquiring about your continued interest in participating in the Pilot Study. If you do not charge an EV with a properly installed C2 Device in the Tacoma Power service territory for three (3) consecutive months, you will be deemed to have withdrawn from the Pilot Study.
If you withdraw or are deemed to have withdrawn, you will receive no further payments for participating in the program.
8. Duration of Pilot Study and Termination.
Tacoma Power expects the Pilot Study to continue until August 1, 2021. However, Tacoma Power reserves the right to terminate this Participation Agreement and/or the Pilot Study at any time for any reason or for no reason. Once the Pilot Study terminates or a Participant withdraws from, or is deemed withdrawn from, the Pilot Study, continued collection of data from the EV(s) in which a C2 Device(s) is installed will stop within 15 days after termination or withdrawal.
In addition to the above, Tacoma Power and FleetCarma, by sending an email notice to the Participant, reserve the right to immediately terminate Pilot Study participation of anyone who engages in any fraudulent activity or actions in violation of these Terms and Conditions.
9. Ownership of the C2 Devices
All C2 Devices used in the Pilot Study will be purchased by Tacoma Power and provided free of charge to eligible Participants selected for the Pilot Study. During the Pilot Study, you have no right to sell, transfer, or assign C2 Devices provided to you in connection with the Pilot Study.
You may keep the device after termination of the Pilot Study, dispose of it according to local and state laws, or return it to Tacoma Power for disposal. The C2 Device will not continue to function beyond the study period.
If you decide to keep the C2 Device you acknowledge that you assume the risk of all damages, loss, cost, penalties and expense related or arising from the device and agree to release and hold harmless the City of Tacoma, from and against any and all claims, suits or legal actions made or brought against the City of Tacoma arising out of and in connection with or incident to the C2 Device. FleetCarma may contact you concerning extending the use of the C2 device independent of Tacoma Power.
While the C2 Device is in your possession, you agree not to tamper with, disable, or damage the C2 Device. You further agree to not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the C2 Device or the software embedded therein. 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.
10. Intellectual Property Ownership
During the study period, all C2 Devices shall be the property of Tacoma Power. All data collected during the Pilot Study shall be the property of both FleetCarma and the Pilot Study Operator, and all intellectual property developed by FleetCarma, including modifications, enhancements, or changes to its products (including the C2 Devices and all related software) is and will remain solely owned by FleetCarma. This includes technology developed that may be as a result of feedback provided by you as part of your involvement in this Pilot Study.
11. Participant Information and Security Measures
You represent and warrant that you have provided accurate information in your Pilot Study Participation application and you will promptly notify Tacoma Power and FleetCarma 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 EVCharge@cityoftacoma.org. You agree to charge your vehicle in accordance to your manufacturer’s instructions and recommendations. Neither Tacoma Power nor FleetCarma shall be liable for any losses resulting from unauthorized access to or use of the C2 Device or any other aspect of the Pilot Study, and you may be liable to us or other parties due to any such unauthorized access or use.
12. Warranty Disclaimer
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TACOMA POWER AND FLEETCARMA PROVIDE THE C2 DEVICE AND ALL SOFTWARE INCORPORATED INTO THE FOREGOING AND ALL SERVICES RELATED TO THE PILOT STUDY TO YOU ON AN “AS-IS” BASIS, WITH ALL FAULTS, ERRORS AND DEFECTS AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER TACOMA POWER OR FLEETCARMA OR ANY OF THEIR SUPPLIERS.
YOU ACKNOWLEDGE AND AGREE THAT TACOMA POWER IS NOT THE DESIGNER, MANUFACTURER, OR SUPPLIER OF THE C2 DEVICE AND ANY SOFTWARE INCORPORATED INTO SAID DEVICE AND ANY SERVICES RELATED TO THE PILOT STUDY.
IN CONNECTION WITH THE FOREGOING, TACOMA POWER AND FLEETCARMA DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TACOMA POWER NOR FLEETCARMA GUARANTEES ANY SPECIFIC RESULTS FROM THE USE OF THE C2 DEVICES.
NEITHER TACOMA POWER NOR FLEETCARMA MAKES ANY WARRANTY THAT THE SOFTWARE INCORPORATED IN THE C2 DEVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE AND ACKNOWLEDGE THAT FLEETCARMA AND TACOMA POWER DO NOT GUARANTEE ENERGY COST OR OTHER SAVINGS OR ANY OTHER BENEFITS ARISING FROM THIS PILOT STUDY.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FLEETCARMA NOR TACOMA POWER NOR ANY OF THEIR PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR REPRESENTATIVES, SUCCESSORS OR ASSIGNS OR ANY OF THEM 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 PILOT STUDY, OR THE INSTALLATION OR USE OF A C2 DEVICE IN YOUR VEHICLE, OR THE INTERRUPTION OF POWER TO ANY EQUIPMENT TO WHICH YOUR VEHICLE IS CONNECTED, EVEN IF A PILOT STUDY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT TACOMA POWER SHALL HAVE NO LIABILITY FOR ANY DAMAGE CAUSED BY A C2 DEVICE AND YOU FURTHER AGREE THAT FLEETCARMA’S LIABILITY FOR ANY DAMAGE CAUSED BY A C2 DEVICE SHALL BE LIMITED TO THE PROPERTY DAMAGE DIRECTLY CAUSED TO THE VEHICLE BY THE DEVICE INSTALLED IN THAT VEHICLE AND IS LIMITED TO A MAXIMUM OF $1,000. YOU ALSO AGREE THAT IN NO EVENT SHALL THE PILOT STUDY OPERATORS BE RESPONSIBLE FOR PROBLEMS, DAMAGES, OR LOSSES CAUSED BY YOU, THIRD PARTIES, OR BY AN ACT OF GOD.
YOU AGREE THAT YOU SHALL NOT INITIATE ANY LAWSUIT OR CLAIM AGAINST A PILOT STUDY OPERATOR IN CONNECTION WITH, ARISING OUT OF OR RELATED TO THE PILOT STUDY, INCLUDING, WITHOUT LIMITATION, THE C2 DEVICE AFTER THE DATE WHICH IS ONE YEAR AFTER YOUR WITHDRAWAL FROM THE PILOT STUDY OR THE PILOT STUDY’S TERMINATION, WHICHEVER IS EARLIER.
You will indemnify, defend and hold Tacoma Power, FleetCarma and their respective Pilot Study Operators, FleetCarma, and their licensors and suppliers (the “Indemnified Parties”) harmless from any claims arising out of or related to (a) this Pilot Study and (b) your or any additional user’s actual or alleged misuse or fraudulent use of a C2 Device, 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 attorneys’ fee and court costs in connection with any such claims.
15. Force Majeure
Without limiting any other provision of these Terms and Conditions, FleetCarma and Tacoma Power 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 FleetCarma, including without limitation any act of God or other cause which frustrates the performance of this agreement.
16. Governing Law
These Terms and Conditions and any disputes related to them or the Pilot Study shall be governed by applicable federal law and the laws of the State of Washington, excluding its conflicts of law provisions.
Tacoma Power and FleetCarma 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.
18. Entire Agreement
These Terms and Conditions, including the Privacy Policies 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 Tacoma Power and FleetCarma, on the other hand, with respect to the Pilot Study and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written, with respect to such subject matter.
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.
20. No Third-Party Beneficiaries
Terms and Conditions are for the benefit of FleetCarma and Tacoma Power 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 other 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.