SMART BUSINESS MONITORING SYSTEM
This Participation Agreement (“Agreement”), effective as of the date “clicked on” below (the “Effective Date”) contains the terms and conditions regarding Your participation in the smart business sensor program described in this Agreement (the “Program”) being conducted by Comcast Neptune, LLC d/b/a Notion (“Notion”).
The terms "You", “Your” and “Participant” mean the corporation, limited liability company, sole proprietorship or other business concern on whose behalf this Agreement is entered.
By clicking “Unlock Offer”, you acknowledge and agree that you have all necessary corporate or other authority to enter into this Agreement and have carefully read, understood, and agree to be bound by all of the terms and conditions of this Agreement.
1.Eligibility. Only eligible businesses are able to participate in the Program. To be eligible to participate in the Program You must (i) be a current insurance policy holder of an affiliate of the Chubb Group (collectively, “Company”) and (ii) have received a promotional email directly from Company alerting You to the Program. Notion and Company reserve the right to determine whether or not You qualify as a participant in the Program. You agree You are eligible to participate in the Program.
2.Program Description. During the Program, Notion will provide You with a complimentary starter Kit consisting of 5 sensors and 1 bridge (the “Starter Kit”)through the Notion online store (the fees for which Company has agreed to pay), and a mobile App (defined below). Your participation in the Program is entirely voluntary and You are under no obligation to purchase a Starter Kit, install a Starter Kit or participate in the Program. If You do not agree to this Agreement, You may not participate in the Program.
3.Your Obligations. If you decide to participate in the Program, You agree to install the tarter Kit in your business location that is insured by Company, and in accordance with Notion’s standard installation instructions found here. The Starter Kit is designed to be self-installed. You are responsible for providing the internet connection necessary for the Starter Kit to operate and for all other costs associated with Your use of the Starter Kit (such as utilities, mobile data charges, and electric costs). In the event the Starter Kit senses certain conditions(e.g., door opened/closed, presence of water, temperature ) at Your location during the Program, You may receive an alert thereof through the Mobile App. It is Your responsibility to take any appropriate action, including any preventative action, upon Your receipt of an alert.
4. Terms of Service. You will need to download the Notion mobile application in order to use the Starter Kit (the “Mobile App”). To use the Starter Kit and Mobile App, you are required to agree to Notion’s Terms of Service (the “TOS”) located at https://www.getnotion.com/terms/. In the event of a conflict between this Agreement and the TOS, the terms of this Agreement shall control. You understand and agree that by clicking “Redeem Now,” You will be entering into an independent relationship with Notion, that Notion will be Your service provider, and that Notion is not acting on behalf of Company.
6. Equipment. You will have all title to and ownership of the Starter Kit once you click “Redeem Now.” Your right, title and interest in or to the Starter Kit will be subject to the conditions set forth herein. You will have the right to use the Starter Kit in a commercially reasonable manner as contemplated herein. You will, at your own cost and expense, keep the Starter Kit free and clear from any liens or encumbrances of any kind and will indemnify and hold the Company harmless from and against any loss or expense caused by Your failure to do so. You (i) shall not (and shall not permit any other person or entity to) reverse engineer, tamper with, modify, alter or destroy in anyway the Starter Kit, or any label thereon, without the prior written consent of Company or Notion, or use the Starter Kit in any way that violates this Agreement or any applicable laws or regulations; (ii)shall not move the Starter Kit to an address that is different than the address provided to Company and Notion; (iii) shall not affix or install any accessory, addition, upgrade, equipment or device to the Starter Kit, or sell, lease, abandon, or give away the Starter Kit, or permit any other service provider or third party to use or service the Starter Kit, unless expressly approved in advance in writing by Notion; (iv) will keep the Starter Kit in good repair, appearance and condition, subject to normal wear and tear; and (v) will be liable for the costs of repair o replacement of the Starter Kit if damaged or lost due to theft, negligence, intentional acts, unauthorized uses or acts or other causes within Your reasonable control. Use of the Starter Kit, including without limitation for transmission, communications or storage of any information, data or material, in violation of any U.S. federal, state or local regulation or law is prohibited.
7. Term; Termination. The initial term of this Agreement shall be for a period of twelve(12) months beginning on the Effective Date; thereafter, this Agreement shall renew automatically and remain in effect for so long as You renew Your insurance policy with Chubb. If Your insurance policy expires during the term of this Agreement and You do not renew Your insurance policy, this Agreement shall terminate automatically; provided, however, that in such event You may retain the Starter Kit and continue to contract with Notion for services at Notion’s then current price schedule. This Agreement (including Your participation in the Program) may be terminated by You or Notion at any time and for any reason.
8. Feedback. You agree that Company may from time to time request Your feedback on the Program or the Starter Kits. You agree that Company may collect such feedback through questionnaires, surveys, and other lawful means.
9.Liability. You acknowledge and agree that Company is not responsible for the Program or the Starter Kits, and undertakes no obligation to monitor or alert you to any information collected by the Starter Kits or any feedback received as outlined in the preceding paragraph. The warranty and return policy for the Starter Kit are set forth here: https://getnotion.com/pages/warranty.
10.DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH AT THE WARRANTY URLABOVE, NEITHER COMPANY NOR NOTION MAKES, AND EACH EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that: (a) the limitations on Notion’s liability are set forth in the TOS; and (b) Company(including its affiliates and its and their employees, directors, agents and contractors)will not have any liability arising out of or in any way related to this Agreement, the Program, or the Starter Kits. TO THE FULLEST EXTENT PERMITTED BY LAW, INNO EVENT WILL COMPANY BE LIABLE UNDER ANY CIRCUMSTANCES TO YOUFOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY ORCONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS, LOSS OFBUSINESS OPPORTUNITY OR OTHER SIMILAR DAMAGES RESULTING FROMOR ARISING OUT OF THIS AGREEMENT, BY STATUTE, IN TORT OR CONTRACT,UNDER ANY INDEMNITY PROVISION OR OTHERWISE. Company does not make any warranties or assume any liability for the recommendations or the performance of Notion, including any goods or services received. Before you adopt a recommendation or engage with Notion, you should conduct your own due diligence to ensure Notion and its services meet your needs.
11. General Provisions. This is a legally binding agreement between You and Notion. You agree that Company is a third party beneficiary of this Agreement and is entitled to enforce its provisions against You. This Agreement shall be construed in accordance with the laws of the State of New York without giving effect to the conflicts of laws principles thereof. This Agreement and its attachments and the documents referenced herein and therein is the entire agreement of You and Notion with respect to the Program.
12. Contact. Notion and Company may contact You. You understand that Notion may need to contact you in order to assure that you understand how to install the Starter Kit, and to make sure that you have all the assistance that you need. If Notion sends you the Starter Kit and you do not install it, Notion will contact you to determine whether there are any issues. Notion may also contact you to let you know of new devices or equipment that may be helpful.
By clicking the “Redeem Now” button, You also agree to the following statement: Participant expressly consents to receive telephone calls and text messages, including SMS and MMS messages, about the Starter Kit, including whether Participant needs assistance installing or activating the Starter Kit, and for marketing additional devices or equipment, from Notion, Company, and any of their agents, administrators, service providers, and any other representatives at the phone number provided by You to Notion. Participant expressly consents to and agrees that the calls or messages may include the use of an automatic telephone dialing system and/or prerecorded or artificial voice message. Participant understands that its consent is not a condition of purchasing or receiving any property, goods, or services from Company or from Notion or any of their affiliates. Participant understands it has the right to revoke its consent by written notice or by any other reasonable means.
By participating in the Program, you agree to receive transactional and marketing email communications from Notion (or third parties acting on Notion’s behalf), including about your Starter Kit, the Program, and your account with Notion, including to help set up your Starter Kit. If you do not wish to receive marketing emails from Notion, you may follow the instructions in the email.
The term “Company” in this paragraph includes ACE American Insurance Company, Federal Insurance Company and all of their affiliated US-domiciled insurers indirectly owned by Chubb Limited.