Last Updated: 5/16/2016
Welcome to the Loop Labs, Inc. ("Notion," "us," and "we") website and application. We make
small, smart, multi-function sensors that monitor and measure temperature, acceleration, natural frequency,
light, motion, sound, angular rate, and water, and send alerts to your mobile device. The
Notion sensor system can detect things such as if a door or window opens, if the temperature of your
room is getting too hot or cold, if a smoke alarm is going off, or if there is a water leak. The Notion
sensor system consists of sensors (each a "Notion Sensor") and a bridge (the "Notion
Bridge" and, together with the Notion Sensors and the Application and Services (defined below)
the "Notion System").
LOCATED AT GETNOTION.COM (THE "WEBSITE") OR NOTION'S MOBILE APPLICATION (THE "APPLICATION")
IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR
APPLICATION (EACH A "SERVICE" AND COLLECTIVELY, THE "SERVICES"), CLICKING ON THE "I
ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE OR APPLICATION,
OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND
BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH NOTION, AND (3) YOU HAVE THE
AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE COMPANY YOU REPRESENT, AND TO BIND THAT
COMPANY TO THE TERMS. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY YOU REPRESENT, AS
APPLICABLE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE
APPLICATION, OR THE SERVICES.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE NOTION SYSTEM. IF YOU DO
NOT AGREE, YOU SHOULD NOT USE THE NOTION SYSTEM.
AS DESCRIBED BELOW, SECTIONS 12 AND 13 DESCRIBE IMPORTANT LIMITATIONS OF THE NOTION SYSTEM, ESPECIALLY
IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE
ACKNOWLEDGING THEM AND ACCEPTING THEM.
THE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION
ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
THE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Certain features of the Services may be subject to additional guidelines, terms or rules, which will be
posted in connection with such features. All such additional terms are incorporated by reference into
the Terms. The Terms are in addition to, and do not nullify, any other agreement between you and Notion.
In the event of a conflict between the additional terms or other agreement and any provision in the Term
of Use, the additional terms or other agreement will prevail, but only with respect to the portion of
the Services to which the additional terms apply.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY NOTION IN ITS SOLE DISCRETION AT ANY TIME. When
changes are made, Notion will make a new copy of the Terms available at getnotion.com/terms and within
the Application. We will also update the "Last Updated" date at the top of the Terms. If we make any
material changes, and you have registered with us to create an Account (as defined in Section 3.1 below)
to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us
pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the
Website, the Application and/or Services and will be effective thirty (30) days after posting of notice
of such changes for existing Users, provided that any material changes shall be effective for users who
have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes or
thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in
Section 3.1 below). Notion may require you to provide consent to the updated Terms in a specified manner
before further use of the Website, the Application and/or the Services is permitted. If you do not agree
to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the
Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or
Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE
- Our Services. Through the Services, Notion provides a monitoring system using the Wi-Fi
enabled Notion System and the related Application by measuring and collecting data via the Notion
Sensors, such as acceleration, moisture, sound, temperature, light, orientation, natural frequency
and proximity ("Data") and presenting that data to you on your mobile device so that you can
track certain events, set alerts to let you know if anything changes, and view statistics and
analytics about such events over time. The use of Data by Notion will be subject to the terms of our
people or organizations via our Services (some of which may be subject to payment of additional
- Use of the Services and Notion Properties. The Application, the Website, the Notion System,
the Services, and the information, software and content available on or with the Website and in the
Application, the Notion System and the Services (collectively, the "Notion Properties") are
protected by copyright laws throughout the world. Subject to the Terms, Notion grants you a limited
license to reproduce portions of Notion Properties for the sole purpose of using the Services for
your personal purposes. Unless otherwise specified by Notion in a separate license, your right to
use any of Notion Properties is subject to the Terms.
- Application License. Subject to your compliance with the Terms, Notion
grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to
download, install and use the Application on mobile devices that you own or control and to run
such copy of the Application solely for your own personal or internal business purposes.
Furthermore, with respect to any Application accessed through or downloaded from the Apple App
Store (an "App Store Sourced Application"), you will only use the App Store
Sourced Application (i) on an Apple-branded product that runs the iOS and (ii) as permitted by
the "Usage Rules" set forth in the Apple App Store Terms of Service.
- Software. Use of any software and associated documentation, other than the
Application, that is made available via the Website, Services or the Notion System ("Software")
is governed by the Terms. Subject to your compliance with the Terms, Notion grants you a
non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the
Software for the sole purpose of enabling you to use the Services in the manner permitted by the
- Open Source Software. Some of the software in our Application or Software
may be licensed by third parties under various "open-source" or "public-source" software
licenses (such as the GNU General Public License, the GNU Lesser General Public License, the
Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively,
the "Open Source Software"). Notwithstanding anything to the contrary in these Terms, the
Open Source Software is not licensed under Section 2.1 and instead is separately licensed
pursuant to the terms and conditions of their respective open-source software licenses. You
agree to comply with the terms and conditions of such open-source software license agreements.
- Modifications. We reserve the right, at any time, to modify, suspend, or
discontinue the Notion Properties (in whole or in part) with or without notice to you. You agree
that neither Notion nor its licensors or suppliers will be liable to you or to any third party
for any modification, suspension, or discontinuation of the Notion Properties or any part
thereof. You agree that you will not be entitled to any refund or rebate for such suspensions.
Notion does not offer any specific uptime guarantee for the Notion Properties.
- Updates. Notion may from time to time develop patches, bug fixes, updates,
upgrades and other modifications to improve the performance of the Notion System and related
services ("Updates"). These Updates may be automatically installed without providing any
additional notice or receiving any additional consent. You consent to this automatic update. If
you do not want such updates, your remedy is to terminate your Account (defined below). If you
do not terminate your Account, you will receive updates automatically. You acknowledge that you
may be required to install updates to use the Notion Properties and you agree to promptly
install any updates Notion provides. Your continued use of the Notion Properties is your
agreement to these Terms with respect to the Notion Properties.
- No Support or Maintenance. You acknowledge and agree that Notion will have
no obligation to provide you with any support or maintenance in connection with the Services or
- Certain Restrictions. The rights granted to you in the Terms are subject to
the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign,
reproduce, distribute, host or otherwise commercially exploit Notion Properties or any portion
of Notion Properties, (b) you shall not frame or utilize framing techniques to enclose any
trademark, logo, or other of Notion Properties (including images, text, page layout or form);
(c) you shall not use any metatags or other "hidden text" using Notion's name or trademarks; (d)
you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile,
reverse compile or reverse engineer any part of Notion Properties except to the extent the
foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any
manual or automated software, devices or other processes (including but not limited to spiders,
robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data
from any web pages contained in the Website (except that we grant the operators of public search
engines revocable permission to use spiders to copy materials from the Website for the sole
purpose of and solely to the extent necessary for creating publicly available searchable indices
of the materials, but not caches or archives of such materials); (f) you shall not access Notion
Properties in order to build a similar or competitive website, application or service; (g)
except as expressly stated herein, no part of Notion Properties may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any form or by any
means; and (h) you shall not remove or destroy any copyright notices or other proprietary
markings contained on or in Notion Properties. Any future release, update or other addition to
Notion Properties shall be subject to the Terms. Notion, its suppliers and service providers
reserve all rights not granted in the Terms. Any unauthorized use of Notion Properties
terminates the licenses granted by Notion pursuant to the Terms. You acknowledge that the Notion
System contains valuable trade secrets and proprietary information of Notion, that any actual or
threatened breach of this Section 2.7 will constitute immediate, irreparable harm to Notion for
which monetary damages would be an inadequate remedy, and that injunctive relief is an
appropriate remedy for such breach.
- Third-Party Materials. As a part of Notion Properties, you may have access
to materials that are hosted by another party. You agree that it is impossible for Notion to
monitor such materials and that you access these materials at your own risk.
- Interface to Third Party Products and Services. Over time, Notion may
provide the opportunity for you to interface the Notion System to one or more third party
products and services, through and using the Services ("Third Party Products and Services").
You decide whether and with which Third Party Products and Services you want to interface. Your
consent and authorization is required for this interface, and is revocable by you at any time.
Once your consent is given for a particular Third Party Product and Service, you agree that
Notion may exchange information and control data regarding you and your products, including your
personal information, in order to enable the interface you have authorized. Once this
information is shared with the particular Third Party Product and Service, its use will be
that Third Party Products and Services that you connect to your Account or interface with are
not Notion products and services and you acknowledge and agree that Notion does not control, and
that these Terms do not apply to, any Third Party Products and Services. Use of any Third Party
Products and Services is governed by separate terms and conditions provided by the operator(s)
of the applicable Third Party Products and Services. You acknowledge and agree that Notion makes
no representation or warranty about the safety of any Third Party Products or Services.
Accordingly, Notion is not responsible for your use of any Third Party Product or Service or any
personal injury, death, property damage (including, without limitation, to your home), or other
harm or losses arising from or relating to your use of any Third Party Products or Services. You
should contact the third party with any questions about their Third Party Products and Services.
- Registering your Account. In order to access certain features of Notion
Properties you may be required to become a Registered User. For purposes of the Terms, a "Registered
User" is a user who has registered an account on the Application ("Account").
- Registration Data. In registering for the Services, you agree to (a)
provide true, accurate, current and complete information about yourself as prompted by the
Services' registration form (the "Registration Data"); and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and complete. You represent that
you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and
(3) not a person barred from using Notion Properties under the laws of the United States, your
place of residence or any other applicable jurisdiction. You are responsible for all activities
that occur under your Account. You agree that you shall monitor your Account to restrict use by
minors, and you will accept full responsibility for any unauthorized use of Notion Properties by
minors. You may not share your Account or password with anyone, and you agree to (A) notify
Notion immediately of any unauthorized use of your password or any other breach of security; and
(B) exit from your Account at the end of each session. You agree not to create an Account using
a false identity or information, or on behalf of someone other than yourself. You agree that you
shall not have more than one Account per platform at any given time. Notion reserves the right
to remove or reclaim any usernames at any time and for any reason. You agree not to create an
Account or use the Notion Properties if you have been previously removed by Notion, or if you
have been previously banned from any of Notion Properties.
- Necessary Equipment and Software. You must provide all equipment and
software necessary to connect to Notion Properties, including but not limited to, a mobile
device that is suitable to connect with and use Notion Properties. You are solely responsible
for any fees, including Internet connection or mobile fees, that you incur when accessing Notion
- Storage. Unless expressly agreed to by Notion in writing elsewhere, Notion
has no responsibility or liability for the deletion or accuracy of Data; the failure to store,
transmit or receive transmission of Data; or the security, privacy, storage, or transmission of
other communications originating with or involving use of Notion Properties. Certain Services
may enable you to specify the level at which such Services restrict access to Data. You are
solely responsible for applying the appropriate level of access to Data. If you do not choose,
the system may default to its most permissive setting. You agree that Notion retains the right
to create reasonable limits on Notion's use and storage of Data, such as limits on file size,
storage space, processing capacity, and similar limits described in the web pages accompanying
the Services and as otherwise determined by Notion in its sole discretion.
- Notion Properties. Except with respect to Data, you agree that Notion and
its suppliers own all rights, title and interest in Notion Properties. You will not remove,
alter or obscure any copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying Notion Properties.
- Trademarks. "Notion", and other related graphics, logos, trademarks,
service marks and trade names used on or in connection with Notion Properties are the trademarks
of Notion and may not be used without permission in connection with any third-party products or
services. Other trademarks, service marks and trade names that may appear on or in Notion
Properties are the property of their respective owners.
- Other Content. Except with respect to Data, you agree that you have no
right or title in or to any content or other data that appears on or in Notion Properties.
- Data. Notion does not claim ownership of Data. Subject to any applicable
account settings that you select, you grant Notion a fully paid, royalty-free, perpetual,
irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights)
and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and
publicly display, Data (in whole or in part) for the purposes of operating the Services and
providing Notion Properties to you and to our other Users. You agree that you, not Notion, are
responsible for all of the Data that you make available on or in Notion Properties.
- Your Account. Notwithstanding anything to the contrary herein, you
acknowledge and agree that you shall have no ownership or other property interest in your
Account, and you further acknowledge and agree that all rights in and to your Account are and
shall forever be owned by and inure to the benefit of Notion.
- Feedback. You agree that submission of any ideas, suggestions, documents,
and/or proposals to Notion through its suggestion, feedback, wiki, forum or similar pages ("Feedback")
is at your own risk and that Notion has no obligations (including without limitation obligations
of confidentiality) with respect to such Feedback. You represent and warrant that you have all
rights necessary to submit the Feedback. You hereby grant to Notion a fully paid, royalty-free,
perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to
use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works
of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback,
and to sublicense the foregoing rights, in connection with the operation and maintenance of
- User Conduct. As a condition of use, you agree not to use Notion Properties for any
purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not
permit any third-party) either (a) to take any action that: (i) infringes any patent, trademark,
trade secret, copyright, right of publicity, privacy or other right of any person or entity;
(ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial
activities and/or sales without Notion's prior written consent, such as contests, sweepstakes,
barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any
employee or representative of Notion; (vi) interferes with or attempts to interfere with the
proper functioning of Notion Properties or uses Notion Properties in any way not expressly
permitted by the Terms; or (vii) to attempt or engage in, any potentially harmful acts that are
directed against Notion Properties, including but not limited to violating or attempting to
violate any security features of Notion Properties, using manual or automated software or other
means to access, "scrape," "crawl" or "spider" any pages contained in Notion Properties,
introducing viruses, worms, or similar harmful code into Notion Properties, or interfering or
attempting to interfere with use of Notion Properties by any other user, host or network,
including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" Notion
- Investigations. Notion may, but is not obligated to, monitor or review Notion Properties
at any time. Although Notion does not generally monitor user activity occurring in connection
with Notion Properties, if Notion becomes aware of any possible violations by you of any
provision of the Terms, Notion reserves the right to investigate such violations, and Notion
may, at its sole discretion, immediately terminate your license to use Notion Properties,
without prior notice to you.
- Interactions with Other Users. You are solely responsible for your interactions with
other users of the Services and any other parties with whom you interact through the Services;
provided, however, that Notion reserves the right, but has no obligation, to intercede in such
disputes. You agree that Notion will not be responsible for any liabilities incurred as the
result of such interaction.
- Third-Party Services
- Third-Party Websites, Applications & Ads. Notion Properties may contain
links to third-party websites and applications and advertisements for third parties
(collectively, "Third-Party Websites, Applications & Ads"). When you click on a
link to a third-party website, application or ad, we will not warn you that you have left Notion
Properties and are subject to the terms and conditions (including privacy policies) of another
website or destination. Such Third-Party Websites, Applications & Ads are not under the control
of Notion and Notion is not responsible for any Third-Party Websites, Applications & Ads. Notion
provides these Third-Party Websites, Applications & Ads only as a convenience and does not
review, approve, monitor, endorse, warrant, or make any representations with respect to
Third-Party Websites, Applications & Ads, or their products or services. You use all links in
Third-Party Websites, Applications & Ads at your own risk. When you leave our Website, our Terms
and policies no longer govern. You should review applicable terms and policies, including
privacy and data gathering practices, of any Third-Party Websites & Applications, and should
make whatever investigation you feel necessary or appropriate before proceeding with any
transaction with any third-party.
- App Stores. You acknowledge and agree that the availability of the
Application and the Services is dependent on the third-party from which you received the
Application license, e.g., the Apple App Store or Google Play ("App Store"). You and
Notion acknowledge that these Terms are between you and Notion and not with the App Store and
that Notion, and not the App Store, is responsible for the App and the content thereof. Notion
is responsible for providing any maintenance and support services with respect to the App and
the App Store has no obligation whatsoever to furnish any maintenance and support services with
respect to the App. Notion is solely responsible for any product warranties, whether express or
implied by law, to the extent not effectively disclaimed. In the event of any failure of the App
to conform to any applicable warranty, you may notify the App Store, and the App Store may
refund the purchase price for the App to you; and to the maximum extent permitted by applicable
law, the App Stores will not have any other warranty obligation whatsoever with respect to the
App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be Notion's sole responsibility. You and Notion
acknowledge that Notion, and not the App Store, is responsible for addressing any claims
relating to the App or your possession and/or use of that App, including, but not limited to:
(1) product liability claims; (2) any claim that the App fails to conform to any applicable
legal or regulatory requirement; and (3) claims arising under consumer protection or similar
legislation. You and Notion acknowledge that, in the event of any third party claim that the App
infringes or your possession and use of that App that third party's intellectual property
rights, Notion, and not the App Store, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property infringement claim. You
represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a "terrorist
supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or
restricted parties. You agree to comply with, and your license to use the App is conditioned
upon your compliance with, all applicable third party terms of agreement (e.g., the App Store's
terms and policies and the Usage Rules) when using the App. Notion and you acknowledge and agree
that the App Stores and their subsidiaries, are third party Notion of these Terms, and that,
upon your acceptance of the terms and conditions of these Terms, the App Stores will have the
right (and will be deemed to have accepted the right) to enforce these Terms against you as a
third party beneficiary thereof.
- Third-Party Providers. We use third-party services, including but not limited to
analytics, authentication, hosting, and payment services to help us analyze how users use Notion
Properties and so that users may access. Each third-party service is restricted by the third
third-party services and their terms. For a full list of our third-party service providers,
please contact us at email@example.com or (877) 668-4660.
- Purchase Terms
- Making Purchases. If you wish to purchase any products or services through
the Website ("Products"), you shall be required to supply certain information applicable
to your purchase, including payment, contact, and other information. Any such information will
third party payment processor must be accurate, current, and complete. YOU REPRESENT AND WARRANT
THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR OTHER PAYMENT MEANS USED TO INITIATE
ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and
credit card (or other applicable payment mechanism) at the prices in effect when such charges
are incurred. You will also be responsible for paying any applicable taxes relating to your
purchases. Verification of information applicable to a purchase may be required prior to our
acceptance of any order.
- Product Descriptions. Descriptions, images, references, features, content,
specifications, products, prices, and availability of any Products are subject to change without
notice, and our current prices can be found on the Website. We make reasonable efforts to
accurately display the attributes of our Products, including the applicable colors; however, the
actual color you see will depend on your computer system, and we cannot guarantee that your
computer will accurately display such colors. The inclusion of any Products on the Website at a
particular time does not imply or warrant that these products or services will be available at
any time. It is your responsibility to ascertain and obey all applicable local, state, federal,
and international laws (including minimum age requirements) in regard to the possession, use,
and sale of any item purchased through the Website. By placing an order, you represent that the
Products ordered will be used only in a lawful manner. We reserve the right, with or without
prior notice, to limit the available quantity of or discontinue any Product; to honor or impose
conditions on the honoring of, any coupon, coupon code, promotional code, or other similar
promotions; to bar any user from making any or all purchases; and to refuse to provide any user
with any product or service.
- Acceptance. A Product is deemed irrevocably accepted upon your use of the
- Orders. Title and risk of loss for any purchases pass to you upon our
delivery to our carrier. When you place an order, we will not charge you at the time the order
is placed. We reserve the right to ship partial orders (at no additional cost to you), and the
portion of any order that is partially shipped may be charged at the time of shipment.
- Product Warranties and Returns. Notion provides certain limited warranties
to our Products as set forth on our Warranty Page located at: getnotion.com/warranty, which is
incorporated herein by reference. In the event the Products do not conform to the limited
warranties set forth therein, Notion will provide you the remedy set forth on the Warranty Page.
- Indemnification. You agree to indemnify and hold Notion, its parents, subsidiaries,
affiliates, officers, employees, agents, partners and licensors (collectively, the "Notion
Parties") harmless from any third party claims, any losses, costs, liabilities and expenses
(including reasonable attorneys' fees) relating to or arising out of: (a) your violation of the
Terms; or (b) your willful misconduct violation of any applicable laws, rules or regulations.
Notion reserves the right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will fully cooperate with
Notion in asserting any available defenses. You agree that the provisions in this Section 11
will survive any termination of your Account, the Terms, or access to Notion Properties.
- DISCLAIMERS. UNLESS EXPRESSLY AGREED TO BY NOTION ELSEWHERE IN WRITING AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, NOTION PROVIDES NOTION PROPERTIES "AS-IS" AND "AS-AVAILABLE"
BASIS, WITH ALL FAULTS, AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NOTION
DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF NOTION PROPERTIES OR THAT ANY RESULTS
WILL BE ACCURATE OR RELIABLE. NOTION MAKES NO WARRANTY THAT NOTION PROPERTIES WILL MEET YOUR
REQUIREMENTS, BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR
ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
YOU USE NOTION PROPERTIES AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND
NOTION DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING,
HOME, NOTION SYSTEM, OTHER PERIPHERALS CONNECTED TO THE NOTION SYSTEM, MOBILE DEVICE, AND ALL OTHER
ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF NOTION PROPERTIES.
FROM TIME TO TIME, NOTION MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT.
SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY
KIND, AND MAY BE MODIFIED OR DISCONTINUED AT NOTION'S SOLE DISCRETION. THE PROVISIONS OF THIS
SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
NOTION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE NOTION SYSTEM (INCLUDING,
BUT NOT LIMITED TO, THIRD PARTY PRODUCTS AND SERVICES CONNECTED THROUGH THE NOTION SYSTEM) OR ANY
HYPERLINKED WEBSITE OR SERVICE, AND NOTION WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
WHEN YOU INSTALL, SETUP OR USE THE NOTION SYSTEM, YOU MAY BE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS
OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED
OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU
CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
THE EFFECTIVENESS OF THE NOTION SYSTEM IS DEPENDENT ON YOUR INSTALLATION AND SETUP OF THE NOTION
SYSTEM, INCLUDING, BUT NOT LIMITED TO THE PLACEMENT OF THE NOTION SENSORS. FOR EXAMPLE, FAILURE TO
PLACE NOTION SENSORS IN APPROPRIATE LOCATIONS OR IN ACCORDANCE WITH THE USER MANUAL MAY PREVENT THE
NOTION SENSORS FROM MONITORING CERTAIN OCCURANCES IN YOUR HOME. YOU ASSUME ALL LIABILITY FOR ANY
DAMAGE RESULTING FROM YOUR INSTALLATION AND SETUP OF THE NOTION SYSTEM.
- Limitations of the Notion System
- Intended Use. The Notion System is intended to be accessed and used for
non-time-critical information. While we aim for the Notion System to be highly reliable and
available, they are not intended to be reliable or available 100% of the time. The Notion System is
subject to sporadic interruptions and failures for a variety of reasons beyond Notion's control,
including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among
others. You acknowledge these limitations and agree that Notion is not responsible for any damages
allegedly caused by the failure or delay of the Notion System to reflect current status or
- EMERGENCY NOTIFICATION. YOU ACKNOWLEDGE THAT THE NOTION SYSTEM IS NOT CERTIFIED
FOR EMERGENCY RESPONSE. NOTION MAKES NO WARRANTY OR REPRESENTATION THAT USE OF THE NOTION SYSTEM
WITH ANY THIRD-PARTY PRODUCT OR SERVICE WILL AFFECT OR INCREASE ANY LEVEL OF SAFETY. YOU UNDERSTAND
THAT THE NOTION SYSTEM IS NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – NOTION DOES
NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE
EVENT OF AN EMERGENCY. IN ADDITION, THE NOTION SUPPORT CONTACTS CANNOT BE CONSIDERED A LIFESAVING
SOLUTION FOR PEOPLE AT RISK IN THE HOME, AND THEY ARE NO SUBSTITUTE FOR EMERGENCY SERVICES. ALL LIFE
THREATENING AND EMERGENCY EVENTS SHOULD BE DIRECTED TO THE APPROPRIATE RESPONSE SERVICES.
- Reliability of Notifications. You acknowledge that the Notion System, including
remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We
cannot and do not guarantee that you will receive notifications in any given time or at all. YOU
AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE
NOTIFICATIONS REGARDING THE STATUS AND ALERTS REGARDING THE NOTION SYSTEM ARE PROVIDED FOR
INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY
NOTIFICATION SYSTEM. You acknowledge that it is your responsibility to educate yourself on how to
respond to an emergency and to respond according to the specifics of your situation.
- System Requirements. The Notion System will not be accessible without: (a) a
working Wi-Fi network in your home that is positioned to communicate reliably with the Notion
System; (b) an Account; (c) a smartphone or tablet; (d) always-on broadband Internet access in your
home; and (e) other system elements that may be specified by Notion. It is your responsibility to
ensure that you have all required system elements and that they are compatible and properly
configured. You acknowledge that the Notion System may not work as described when the requirements
and compatibility have not been met (for example, if the power is out in your home the Notion Bridge
will not be able to communicate with the Notion Sensors). You acknowledge that the availability of
the Notion System is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network,
and other related equipment, (ii) your Internet service provider ("ISP"), and (iii) your mobile
device carrier ("Carrier"). You acknowledge that you are responsible for all fees charged by your
ISP and Carrier in connection with your use of the Notion System. You also acknowledge that you are
of your ISP and Carrier.
- Energy Savings. Notion does not guarantee or promise any specific level of
energy savings or other monetary benefit from the use of the Notion System or any feature of them.
Actual energy savings and monetary benefits vary with factors beyond Notion's control or knowledge.
- Third Parties. The Notion System relies on or interoperates with third party
products and services. These third party products and services are beyond Notion's control, but
their operation may impact or be impacted by the use and reliability of the Notion System. You
acknowledge and agree that: (a) the use and availability of the Notion System is dependent on third
party product vendors and service providers, (b) these third party products and services may not
operate in a reliable manner 100% of the time, and they may impact the way that the Notion System
operates, and (c) Notion is not responsible for damages and losses due to the operation of these
third party products and services. You acknowledge that Notion uses third party service providers to
enable some aspects of the Notion System. YOU AGREE NOT TO RELY ON THE NOTION SYSTEM FOR ANY LIFE
SAFETY OR TIME-CRITICAL PURPOSES.
- WARNINGS. NOTION MAY INCLUDE PRODUCT WARNINGS AND INSTRUCTIONS ON THE
PACKAGING, LABELS AND DOCUMENTATION OF THE NOTION SYSTEM. AS A CONDITION TO RECEIVING THE SERVICES,
YOU AGREE TO STRICTLY COMPLY WITH ALL PRODUCT WARNINGS AND INSTRUCTIONS ON THE PACKAGING, LABELS AND
DOCUMENTATION OF THE NOTION SYSTEM AND ANY UPDATES THAT NOTION PROVIDES TO YOU THROUGH THE
APPLICATION (OR THROUGH EMAIL IF YOU PROVIDE NOTION WITH YOUR EMAIL ADDRESS). IN ADDITION, YOU AGREE
TO ONLY USE THE NOTION SYSTEM IN A MANNER THAT COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.
- Third Party Sites; Release
- Third Party Sites. The Notion Properties may contain links to other web sites
operated by third parties ("Third Party Sites") and referrals to third party vendors ("Referred
Vendors"). Such Third Party Sites and Referred Vendors are not under our control. Notion
provides these links and referrals only as a convenience and does not review, approve, monitor,
endorse, warrant, or make any representations with respect to such Third Party Sites or Referred
Vendors. Your use of these Third Party Sites is at your own risk.
- Release. You hereby release the Notion Parties and their successors from
claims, demands, any and all losses, damages, rights, and actions of any kind, including personal
injuries, death, and property damage, that is either directly or indirectly related to or arises
from any of any kind arising in connection with or as a result of these Terms or your use of the
Notion Properties or your interactions with third parties and their products or services. IF YOU ARE
A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.
- Limitation of Liability
- Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU
UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE NOTION PARTIES BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RESULTING FROM LOSS OF
USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH NOTION PROPERTIES, WHETHER OR NOT NOTION
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY
INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE
USE OR INABILITY TO USE NOTION PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH NOTION PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON NOTION
PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO NOTION PROPERTIES, WHETHER BASED ON WARRANTY,
COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
- Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO
CIRCUMSTANCES WILL THE NOTION PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY NOTON AS
A RESULT OF YOUR USE OF NOTION PROPERTIES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE
EVENT THAT GAVE RISE TO SUCH CLAIM. IF YOU HAVE NOT PAID NOTION ANY AMOUNTS DURING THE TWELVE (12)
MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM, NOTION'S SOLE AND EXCLUSIVE
LIABILITY SHALL BE LIMITED FIFTY DOLLARS ($50).
- DATA. THE NOTION PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION,
MIS-DELIVERY OR FAILURE TO STORE DATA OR PERSONALIZATION SETTINGS.
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NOTION AND YOU.
- Termination. These Terms shall remain in full force and effect until your
Account is terminated as provided herein. You may delete your Account at any time, for any reason by
emailing firstname.lastname@example.org. Notion may terminate your Account if (a) you are in breach of
the Terms; (b) if Notion decides in its sole discretion to stop providing the applicable Services;
or (d) for any or no reason, without giving you notice. You understand that any termination of these
Terms and your Account may involve deletion of your Account information from our live databases and
all the information stored for such Account. Notion will not have any liability whatsoever to you
for any termination of your Account or related deletion of you information.
- Effect of Termination. Termination of any Service includes removal of access to
such Service and barring of further use of the Service. Termination of all Services also includes
deletion of your Account information (or any part thereof). Upon termination of any Service, your
right to use such Service will automatically terminate immediately. You understand that any
termination of Services may involve deletion of Your Content associated therewith from our live
databases. All provisions of the Terms which by their nature should survive, shall survive
termination of Services, including without limitation, ownership provisions, warranty disclaimers,
and limitation of liability.
- International Users. This Website can be accessed from countries around the
world and may contain references to Notion Properties that are not available in your country. These
references do not imply that Notion intends to announce Notion Properties in your country. Notion
Properties are controlled and offered by Notion from its facilities in the United States of America.
Notion makes no representations that Notion Properties are appropriate or available for use in other
locations. Those who access or use Notion Properties from other jurisdictions do so at their own
volition and are responsible for compliance with local law.
- General Provisions.
- Confidentiality. "Confidential Information" shall mean the software embedded within
Notion System and all other information disclosed to you that Notion characterizes as confidential
at the time of its disclosure either in writing or orally, except for information which you can
demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or
becomes, from no act or failure to act on your part, generally known in the relevant industry or
public domain; (c) is disclosed to you by a third party as a matter of right and without restriction
on disclosure; or (d) is independently developed by you without access to the Confidential
Information. You shall use your best efforts to preserve and protect the confidentiality of the
Confidential Information at all times, both during the term hereof and for a period of at least 3
years after termination of the Terms, provided, however, that any source code you receive shall be
held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or
communicate Confidential Information to any person, firm, corporation or other third party without
the prior written consent of Notion. You shall not use any Confidential Information other than in
the course of the activities permitted hereunder. You shall notify Notion in writing promptly upon
discovery of any unauthorized use or disclosure of Confidential Information, and will cooperate with
Notion in every reasonable way to regain possession of Confidential Information and prevent any
further unauthorized use. If you are legally compelled to disclose any of the Confidential
Information, then, prior to such disclosure, you will (i) promptly notify Notion prior to such
disclosure to allow Notion an opportunity to contest the disclosure, (ii) assert the privileged and
confidential nature of the Confidential Information, and (iii) cooperate fully with Notion in
protecting against any such disclosure and/or obtaining a protective order narrowing the scope of
such disclosure and/or use of the Confidential Information. In the event such protection is not
obtained, you shall disclose the Confidential Information only to the extent necessary to comply
with the applicable legal requirements.
- Electronic Communications. The communications between you and Notion use
electronic means, whether you visit Notion Properties or send Notion e-mails, or whether Notion
posts notices on Notion Properties or communicates with you via e-mail. For contractual purposes,
you (1) consent to receive communications from Notion in an electronic form; and (2) agree that all
terms and conditions, agreements, notices, disclosures, and other communications that Notion
provides to you electronically satisfy any legal requirement that such communications would satisfy
if it were to be in writing. The foregoing does not affect your statutory rights.
- Assignment. The Terms, and your rights and obligations hereunder, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without Notion's prior written
consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the
foregoing will be null and void.
- Force Majeure. Notion shall not be liable for any delay or failure to perform
resulting from causes outside its reasonable control, including, but not limited to, acts of God,
war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents,
strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Compliance. If you believe that Notion has not adhered to the Terms, please
contact Notion by contacting us at email@example.com or call (877) 668-4660. We will do
our best to address your concerns. If you feel that your complaint has been addressed incompletely,
we invite you to let us know for further investigation.
- Limitations Period. YOU AND NOTION AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE TERMS OR NOTION PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this
Arbitration Agreement carefully. It is part of your contract with Notion and affects your rights. It
contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for
injunctive or other equitable relief as set forth below) in connection with the Terms or the use
of any product or service provided by Notion that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual basis under the terms of
this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be
held in English. This Arbitration Agreement applies to you and Notion, and to any subsidiaries,
affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek
arbitration, the party must first send to the other party a written Notice of Dispute ("Notice")
describing the nature and basis of the claim or dispute, and the requested relief. A Notice to
Notion should be sent to: 1530 Blake Street, Suite 220, Denver, CO, 80202. After the Notice is
received, you and Notion may attempt to resolve the claim or dispute informally. If you and
Notion do not resolve the claim or dispute within thirty (30) days after the Notice is received,
either party may begin an arbitration proceeding. The amount of any settlement offer made by any
party may not be disclosed to the arbitrator until after the arbitrator has determined the
amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration
Association ("AAA"), an established alternative dispute resolution provider ("ADR
Provider") that offers arbitration as set forth in this Section. If AAA is not available
to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the
ADR Provider shall govern all aspects of the arbitration, including but not limited to the
method of initiating and/or demanding arbitration, except to the extent such rules are in
conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are
available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration
shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total
amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be
resolved through binding non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S.
Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration
Rules. Any hearing will be held in a location within 100 miles of your residence, unless you
reside outside of the United States, and unless the parties agree otherwise. If you reside
outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time
and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. If the arbitrator grants you an award that is
greater than the last settlement offer that Notion made to you prior to the initiation of
arbitration, Notion will pay you the greater of the award or $2500. Each party shall bear its
own costs (including attorney's fees) and disbursements arising out of the arbitration and shall
pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based
arbitration is elected, the arbitration shall be conducted by telephone, online and/or based
solely on written submissions; the specific manner shall be chosen by the party initiating the
arbitration. The arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise agreed by the parties.
- Time Limits. If you or Notion pursue arbitration, the arbitration action must be
initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing
a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the
rights and liabilities, if any, of you and Notion, and the dispute will not be consolidated with
any other matters or joined with any other cases or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim. The arbitrator shall have
the authority to award monetary damages, and to grant any non-monetary remedy or relief
available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator
shall issue a written award and statement of decision describing the essential findings and
conclusions on which the award is based, including the calculation of any damages awarded. The
arbitrator has the same authority to award relief on an individual basis that a judge in a court
of law would have. The award of the arbitrator is final and binding upon you and Notion.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS
TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims
and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less costly than rules applicable in a
court and are subject to very limited review by a court. In the event any litigation should
arise between you and Notion in any state or federal court in a suit to vacate or enforce an
arbitration award or otherwise, YOU AND NOTION WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS
ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS
BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to
the award of the arbitrator and compliance therewith, shall be strictly confidential. The
parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall
not prevent a party from submitting to a court of law any information necessary to enforce these
Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law
to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or
parts shall be of no force and effect and shall be severed and the remainder of these Terms
shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not
waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with Notion.
- Small Claims Court. Notwithstanding the foregoing, either you or Notion may bring an
individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to maintain the status quo
pending arbitration. A request for interim measures shall not be deemed a waiver of any other
rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,
violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other
party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of
the courts located within Denver County, Colorado, for such purpose.
- Governing Law. The Terms and any action related thereto will be governed
and interpreted by and under the laws of the State of Colorado, consistent with the Federal
Arbitration Act, without giving effect to any principles that provide for the application of the
law of another jurisdiction. The United Nations Convention on Contracts for the International
Sale of Goods does not apply to these Terms.
- Notice. Where Notion requires that you provide an e-mail address, you are
responsible for providing Notion with your most current e-mail address. In the event that the
last e-mail address you provided to Notion is not valid, or for any reason is not capable of
delivering to you any notices required/ permitted by the Terms, Notion's dispatch of the e-mail
containing such notice will nonetheless constitute effective notice. You may give notice to
Notion at the following address: 1530 Blake Street, Suite 220, Denver, CO, 80202. Such notice
shall be deemed given when received by Notion by letter delivered by nationally recognized
overnight delivery service or first class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of the Terms on one
occasion will not be deemed a waiver of any other provision or of such provision on any other
- Severability. If any provision of the Terms is, for any reason, held to be
invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the
invalid or unenforceable provision will be deemed modified so that it is valid and enforceable
to the maximum extent permitted by law.
- Export Control. You may not use, export, import, or transfer Notion
Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained
Notion Properties, and any other applicable laws. You acknowledge and agree that products,
services or technology provided by Notion are subject to the export control laws and regulations
of the United States. You shall comply with these laws and regulations and shall not, without
prior U.S. government authorization, export, re-export, or transfer Notion products, services or
technology, either directly or indirectly, to any country in violation of such laws and
- Consumer Complaints. In accordance with California Civil Code §1789.3,
may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Entire Agreement. The Terms are the final, complete and exclusive agreement
of the parties with respect to the subject matter hereof and supersedes and merges all prior
discussions between the parties with respect to such subject matter.
End of Terms