This Participation Agreement (“Agreement”) contains the terms and conditions regarding your participation in the HouseTrack SmartSensors™ starter kit program described in this Agreement (the “Program”) being conducted jointly by National HouseCheck Corporation (“HouseCheck”) and Loop Labs, Inc. d/b/a Notion (“Notion”).
By clicking “Unlock Offer”, you acknowledge and agree that you have carefully read, understood, and agree to be bound by all of the terms and conditions of this Agreement.
1. Eligibility. Only eligible people may participate in the Program. To be eligible to participate in the Program you must (i) have purchased an eligible home inspection from HouseCheck and (ii) have received a promotional email directly from HouseCheck alerting you to the Program. You agree you are eligible to participate in the Program. Notion reserves the right to determine whether or not you qualify as a participant in the Program.
2. Program Description. During the Program, HouseCheck will provide a free HouseTrack SmartSensors starter kit (2 sensors + 1 bridge) to customers who have purchased an eligible HouseCheck home inspection. By participating in the Program, you agree that Notion can share data and information collected through the Starter Kit (“Sensor Data”) with HouseCheck. Your participation in the Program is entirely voluntary and you are under no obligation to accept the free Starter Kit or participate in the Program. If you do not agree to this Agreement, you may not participate in the Program or redeem the free HouseTrack SmartSensors starter kit.
3. Your Obligations. You agree to install the HouseTrack SmartSensors starter kit in your personal residence that was inspected by HouseCheck in accordance with Notion’s standard installation instructions. 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). You may not use the Starter Kit in violation of any applicable laws.
4. Terms of Service. Using the Starter Kit requires you to download the Notion mobile application (“App”). To use the Starter Kit and App, you are required to agree to Notion’s Terms of Service (https://www.getnotion.com/terms/).
6. Termination. The Program (including your participation in the Program) may be terminated by Notion or HouseCheck at any time and for any reason.
7. Feedback. You agree that HouseCheck may from time to time request your feedback on the Program, Starter Kits, and other matters related to
your home. You agree that HouseCheck may collect such feedback through questionnaires, surveys, and other lawful means.
8. Liability. You acknowledge and agree that HouseCheck 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 paragraph 7.
9. HouseCheck DOES NOT MAKE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that HouseCheck (including its employees, directors, agents, contractors, and affiliates) 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, IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY OR OTHER SIMILAR DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE (EXCEPT WITH RESPECT TO INDEMNITY OBLIGATIONS FOR THIRD-PARTY CLAIMS AND LOSSES).
10. General Provisions. This is a legally binding agreement between the parties. You agree that HouseCheck is a party to 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 Delaware without giving effect to the conflicts of laws principles thereof. This Agreement is the entire agreement of the parties with respect to the Program.