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Terms

NOTION TERMS OF USE AGREEMENT

Last Updated: April 11, 2022

Shopping or using your Notion System in Australia? Please visit our Notion Residential Services Agreement for End Users in Australia

Notion and/or Get Notion Licenses: AL: 002069, Complaints may be directed to the Alabama Electronic Security Board of Licensure, 7956 Vaughn Road, PMB 392 Montgomery, AL 36116, (334) 557-0983; AR: 3123 Regulated by the Department of Arkansas State Police, 1 State Police Plaza Drive Little Rock, Arkansas 72209, (501) 618-8600; AZ: BTR 23050-0; DE: SSPS 21-13; CA: ACO 8042 Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, 2420 Del Paso Road, Suite 270, Sacramento, CA 95834, https://www.bsis.ca.gov; FL: EF20000840; MD: 107-2443; MI: 3602208092; MT: PSP-ELS-LIC-40387; NJ: Burglar and Fire Alarm Business Lic. #34BF00067200; OK: AC440939; TN: 2299; TX: B16823901 Licensed by the Texas Department of Public Safety Private Security Board, P.O. Box 4087, Austin, TX 78773, (512) 424-7293; UT: 12407337-6501; VA: DCJS 11-19351. Valid 5/31/22. See https://getnotion.com/ for current list.

 

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY AS THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH COMCAST NEPTUNE, LLC D/B/A NOTION AND/OR GET NOTION (“NOTION,” “US,” AND “WE”).

By accepting or using Notion’s mobile application (the “Application”) or by using any services or resources provided by Notion or available via the Application, including, but not limited to, Notion’s self-monitored services or the professionally monitored services currently called “Notion PRO” (each, a “Service” and collectively, the “Services”), clicking on the “I Accept” button, completing the registration process, and/or merely downloading the Application, you accept this Agreement and agree to be bound by its terms (the “Effective Date”).  The term “you” refers to you or the individual or legal entity you represent, as applicable.  If you do not agree to be bound by this Agreement, Notion shall have no obligation to you, and you shall not access the Application or use the Services.

YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH NOTION, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY AND/OR ON BEHALF OF THE COMPANY YOU REPRESENT, AND TO BIND THAT COMPANY TO THIS AGREEMENT.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 17 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT. UNLESS YOU OPT OUT IN A TIMELY MANNER, THE ARBITRATION PROVISION REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

THIS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AND EXPRESSLY LIMITS NOTION’S LIABILITY AND THE LIABILITY OF NOTION’S PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS AND ITS AND THEIR SUBCONTRACTORS, AND LICENSORS (COLLECTIVELY, THE “NOTION PARTIES”).

SPECIFICALLY, THIS AGREEMENT INCLUDES A LIMITATION OF LIABILITY, A LIMIT ON THE TIME TO SUE, AN INDEMNITY FOR ANY THIRD-PARTY CLAIMS, A WAIVER OF SUBROGATION, A WAIVER OF CLASS ACTIONS, AND A WAIVER OF JURY TRIALS.

TABLE OF CONTENTS

  1. The Notion System
  2. Changes to this Agreement or the Notion System
  3. Professional Monitoring Services Through Notion PRO
  4. False Alarms and Permits
  5. Risk of Communications Failures
  6. Your Obligations with the Notion System
  7. Your Data
  8. Notion’s Right to Subcontract
  9. Limited Warranty
  10. Indemnification from Third-Party Claims and Waiver of Subrogation
  11. Disclaimers
  12. Limitations of the Notion System
  13. Insurance
  14. Limitation of Liability
  15. Termination
  16. Limit on the Time to Sue
  17. Binding Arbitration and Class/Collective/Representative Action/Relief Waiver
  18. Waiver of Jury Trial
  19. Governing Law
  20. Notices
  21. Consent to Receive Phone and Electronic Communications
  22. Assignment
  23. Force Majeure
  24. Waiver
  25. Entire Agreement

1. The Notion System.

1.1       Overview.  Notion is not an alarm system, does not have an audible alarm, does not have battery back-up, will not work if power is lost, and should not be relied on to function like an alarm system.  Instead, Notion provides smart, multi-function sensors (each, a “Sensor”) that alert you to certain events on your property based on tasks you assign these Sensors, including, but not limited to, temperature, leak detection, sounding alarms, and motion (collectively, “Tasks”).  The Notion system consists of the Sensors, magnets, smart devices, communication bridge(s), Application and Services provided by Notion to you at a property (collectively, the “Notion System”).   The Notion System also includes any other services, devices, equipment or features that Notion may make available and that interoperate with the Notion System and/or the Application.  Based upon the Tasks you assign Sensors within the Application, the Notion System will alert you to activity by sending notifications to your mobile device through the Application.  Unless you subscribe to Notion’s professional monitoring Service, called “Notion PRO,” the Notion System is a self-monitored system.   

1.2  Additional Features and Terms.   There are particular provisions in this Agreement that apply only to Notion PRO and certain features and functionality available only to users who subscribe to Notion Pro.  Certain additional features of the Notion System may be subject to additional guidelines, terms or policies, including, but not limited to the Notion Web Services Terms of Service, which will be posted or provided to you in connection with such features.  All such additional guidelines, terms and policies are incorporated by reference into this Agreement.  This Agreement is in addition to, and does not nullify, any other agreement between you and Notion.  In the event of a conflict between any additional terms or other agreements and any provision in this Agreement, the additional terms or other agreements shall control, but only with respect to the portion of the Notion System to which the additional terms apply.

1.3 Interface with Optional Third Party Products and Services.  Over time, Notion may provide the opportunity for you to interface the Notion System with one or more third party products and services (“Optional Services”), through and using the Services. You decide whether and with which Optional 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 Optional 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 Optional Service operator, its use will be governed by the Optional Service operator’s privacy policy and not by Notion’s Privacy Policy. You acknowledge that the Optional Services you interface with are not Notion products and services and you acknowledge and agree that Notion does not control, and that this Agreement does not apply to, any Optional Services. Use of any Optional Services is governed by separate terms and conditions provided by the operator(s) of the applicable Optional Services. You acknowledge and agree that Notion makes no representation or warranty about the safety of any Optional Services. Accordingly, Notion is not responsible for your use of any Optional 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 Optional Services. You should contact the third party with any questions about their Optional Services.  You hereby release Notion, 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 the Optional Services or their operator(s).

 

2. Changes to this Agreement or the Notion System.

2.1  Changes to the Agreement. PLEASE NOTE THAT THE TERMS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY NOTION IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Notion will post the updated Agreement at www.getnotion.com or another website we identify (collectively, the “Website”) and within the Application.  For any users who have registered an account on the Application (an “Account”), we will also send an email to such registered users (each, a “Registered User”) at the last email address provided within the Application.   Any changes to the Agreement will be effective thirty (30) days after posting the updated Agreement, provided that for Registered Users with a valid email address associated with their Account, the change will not be effective until the later of thirty (30) days after posting on the Website or Application or thirty (30) days after dispatch of an email notice to the Registered User.  Notion may require you to provide consent to the updated Agreement in a specified manner before continued use of the Application and/or the Services is permitted. You agree that any one of these methods is sufficient and effective notice. It is your responsibility to check your email and postings at the Website and to promptly inform Notion by updating the Application if there is any change to your email address.

2.2 Changes to the Notion System. We reserve the right to change the Notion System, including, but not limited to, the Application, Services, Sensors, and/or fees at any time, with or without notice to you, to the extent permitted by applicable law. For example, we may delete or change Sensor functionality, Services features or device availability.

2.3  Your Rights.  If any material change to our relationship with you, including any material change to this Agreement or the Notion System, negatively affects your use of the Notion System, you have the right to cancel your Services; but you accept any such change if you continue to use or receive the Services for more than thirty (30) days after such change.

3.  Professional Monitoring Services Through Notion PRO.

3.1 Notion Pro. You may choose to subscribe to Notion’s professional monitoring Service, currently called Notion PRO, at any time. Notion may change the name of Notion PRO at any time upon notice to you.  If you subscribe to Notion PRO, Notion will professionally monitor, or contract with one or more Notion Parties to professionally monitor (in either case, the “Monitoring Provider”), certain alerts from Sensors installed at locations selected by you.  However, Notion’s professional monitoring obligations hereunder shall only begin when the following have been accomplished: (a) you have signed up for an Notion PRO Account and submitted all payments due, (b) you have provided your mobile phone number (verified by Notion in Notion’s discretion) and the address of the property where your Notion System is installed (your “Property”) and (c) you have provided, and represented that you are authorized under law to provide, at least two additional contacts, including their names and mobile phone numbers, for any text or verbal signal verifications or notifications to be made by the Monitoring Provider (“Additional Contacts”).  Additionally, you must complete the activation of Notion Pro through the Application by assigning certain Tasks to Sensors and by selecting which Tasks will be professionally monitored. You understand that some Tasks must be in “armed” mode in order for an alert to be escalated to the monitoring center. 

3.2 Escalation of Alerts.  Upon receipt of alerts from a professionally monitored Task, the Notion System sends push notifications through the Application.  If you do not respond to a push notification, the Monitoring Provider will attempt to contact you and/or your Additional Contacts through texts and phone calls.   If the Monitoring Provider does not reach you or your Additional Contacts or if you request assistance, the Monitoring Provider will make commercially reasonable efforts to provide notification to the local emergency responder, such as a local public safety answering point.  The Monitoring Provider will contact emergency responders based upon the address of your Property– not the location or number of the phone on which they are calling or texting you or your Additional Contacts.  NOTION AND THE NOTION PARTIES ARE NOT LIABLE IF EMERGENCY RESPONDERS ARE NOT AUTHORIZED OR ABLE TO ACCESS YOUR PROPERTY DUE TO ITS LOCATION, SUCH AS ON A MILITARY BASE OR PRIVATE CAMPUS OR OUTSIDE THE RESPONDERS’ JURISDICTION.  

3.3 Notion PRO Limitations.  Once the Monitoring Provider has made reasonable efforts to notify the appropriate emergency responder, Notion and the Notion Parties have no control over the response or lack thereof by emergency responders, including, but not limited to, whether emergency personnel are dispatched or, if dispatched, whether they travel to your Property.  Notion and the Notion Parties have no liability to you or any third party if the emergency responder fails to take any action or fails to timely respond.  Upon receiving notification from the Monitoring Provider, the police, fire department or other responding authority may forcibly enter your Property or take other action in response to the notification. Notion and the Notion Parties are not liable for any damage caused by a responder in any circumstances.  For purposes of clarity only and not limitation, if you subscribe to Notion Pro, you agree that the limitation of liability and other limiting conditions set forth in this Agreement also apply to and protect the Monitoring Provider as a Notion Party.

3.4   Monitoring Provider Discretion.  IF NOTION OR ANY NOTION PARTIES, WHICH INCLUDES THE MONITORING PROVIDER, HAS REASON TO BELIEVE THAT NO EMERGENCY CONDITION EXISTS, IT MAY ELECT, IN ITS OR THEIR SOLE DISCRETION, NOT TO CONTACT EMERGENCY AUTHORITIES AND/OR NOT TO FOLLOW THE NOTIFICATION OR OTHER VERIFICATION PROCEDURES UTILIZED FOR EMERGENCY CONDITIONS.

4.  False Alarms and Permits

4.1       Your Obligation to Prevent False Alarms.  You acknowledge that Notion and the Notion Parties may be subject to applicable laws and industry standards designed to reduce false alarms and that these may result in delays to either the notification of emergency responders or other verification procedures in response to alerts generated by your Notion System. Additionally, you may be subject to similar laws if emergency responders are contacted by you or Notion as a result of an alert from your Notion System when no emergency condition exists.  You agree to prevent false alerts that generate from your Notion System and to be solely liable for false alerts.  Notion shall have no responsibility for the failure, neglect, or refusal of any person or authority notified by Notion or you to respond to a particular alert.

4.2  Repeated False Alerts May Lead to Discontinuance of Services. If your Notion System generates an unreasonable or excessive number of false alerts (in Notion’s sole discretion), Notion may temporarily suspend or terminate your Services immediately for breach of this Agreement and recover damages from you.  You must pay (or reimburse Notion) any fines, fees, costs, expenses and penalties relating to the Services assessed against you, Notion or the Notion Parties by any person or entity, including any court or governmental agency or any person or entity acting on the behalf of such court or agency. 

4.3  Permits, Fees and Fines. You agree to comply with all licensing, permitting or user requirements and fees under applicable law with respect to the operation of the Notion System and our provision of the Services, and to provide Notion with the license/permit or user number and such other information as we may request from time to time.  NOTION RESERVES THE RIGHT TO DISCONTINUE THE SERVICES IF YOU DO NOT COMPLY WITH ANY SUCH REQUIREMENTS.   If your Notion System is activated and you do not have a permit, where required, or if your Notion System generates false alerts, you acknowledge that the local authorities may impose fines and penalties on you and Notion, all of which you agree to pay. ACCORDINGLY, NEITHER NOTION NOR THE NOTION PARTIES SHALL HAVE LIABILITY FOR PERMIT FEES, FALSE ALERTS, FALSE ALARM FINES, EMERGENCY PERSONNEL RESPONSE, ANY DAMAGE TO PERSONAL PROPERTY, REAL PROPERTY, OR PERSONAL INJURY CAUSED BY EMERGENCY PERSONNEL RESPONSE TO ALERTS (INCLUDING FALSE ALERTS), OR THE REFUSAL OR INABILITY OF EMERGENCY PERSONNEL TO RESPOND.  YOU HEREBY AGREE TO RELEASE AND HOLD NOTION AND THE NOTION PARTIES HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY DELAY IN CONTACTING EMERGENCY RESPONDERS, OR ANY FAILURE OR REFUSAL OF EMERGENCY RESPONDERS TO DISPATCH TO YOUR PROPERTY, DUE TO ANY REASON, INCLUDING, BUT NOT LIMITED TO, THE FAILURE BY YOU TO OBTAIN, MAINTAIN AND RENEW ANY REQUIRED PERMIT OR REGISTRATION FOR YOUR NOTION SYSTEM.  In the event of termination of emergency service response, or revocation of your permits or licenses, you shall remain liable for all payments for all Services provided by Notion.

5. Risk of Communications Failures. You understand that: (a) the Notion System communicates with the Monitoring Provider and the Application over one or more communications systems, as determined by Notion in its sole discretion, (b) communications systems are maintained and serviced solely by the applicable communications system provider, which may include an affiliate of Notion with respect to certain communications systems; (c) these communications systems may be affected by faulty or failed equipment, weather conditions, power outages, upgrade or maintenance work, areas with little or no cellular service, or other interruptions in service; and (d) any such conditions or changes made to these systems may disrupt communications from the Notion System. Notion and/or Notion Parties may not be aware of the existence of any problems – even when the communications system provider is an affiliate of Notion—and are not liable for such problems. YOU UNDERSTAND THAT NOTION AND/OR ANY NOTION PARTIES, INCLUDING ANY THIRD PARTY MONITORING PROVIDER, WILL NOT RECEIVE ALERTS FROM THE NOTION SYSTEM IF YOUR COMMUNICATIONS SYSTEMS ARE NOT WORKING PROPERLY, TRANSMISSIONS ARE INTERRUPTED FOR ANY REASON, THE NOTION SYSTEM IS IN AN AREA WITH LITTLE OR NO CELLULAR SERVICE, OR IF CHANGES IN THE TRANSMISSION SYSTEMS PREVENT THE NOTION SYSTEM FROM COMMUNICATING WITH THE MONITORING PROVIDER.  THE RISK OF SUCH COMMUNICATIONS FAILURES EXISTS – AND THE NOTION AND NOTION PARTIES HAVE NO LIABILITY – EVEN WHEN THE COMMUNICATIONS SYSTEM PROVIDER IS AN AFFILIATE OF NOTION. YOU AGREE TO TEST YOUR NOTION SYSTEM REGULARLY TO ENSURE IT IS WORKING PROPERLY. You also acknowledge that the use of certain wireless services may be restricted or prohibited in or around particular environments, including, for example, airports, aircraft, hospitals and war zones. You agree to comply with all such restrictions. In addition, the Services may include certain remote viewing and access features and functionality. The ability for those features and functionality to work with the Notion System and Services will be dependent upon a variety of factors outside the control of Notion, including, but not limited to, faulty equipment, faulty transmission systems, limitations inherent in wireless services, power outages, and other factors. Notion shall endeavor to ensure that such features and functionality interoperate with the Notion System and Services but shall not be liable in the event they fail to do so.

6.  Your Obligations with the Notion System.

6.1 Prohibitions.  As a condition of use, you agree not to use the Notion System and Services for any purpose that is prohibited by this Agreement 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 email; (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 the Notion System or uses the Notion System in any way not expressly permitted by this Agreement; or (vii) to attempt or engage in, any potentially harmful acts that are directed against the Notion System and Services, including but not limited to violating or attempting to violate any security features of the Notion System and Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Notion System, introducing viruses, worms, or similar harmful code into the Notion System, or interfering or attempting to interfere with use of the Notion System or Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Notion System.

NOTION ASSUMES NO RESPONSIBILITY AND DISCLAIMS ALL LIABILITY IF THE NOTION SYSTEM IS USED WITH UNAPPROVED THIRD-PARTY DEVICES OR IN LOCATIONS OTHER THAN THE PROPERTY ADDRESS REGISTERED TO YOUR ACCOUNT. 

6.2 You Must Test the Notion System Regularly. You are responsible for testing the Notion System on a weekly basis, as well as immediately following any storm, power outage, communications system outage, Application update, or any change to any communications system, in order to verify the continued functioning of the Notion System, including all communication systems.  You are responsible for complying with any state and local ordinance related to testing the Notion System, including notifying the local emergency responders, if applicable. You will immediately notify Notion of any problems with the Notion System. You understand that no form of monitoring is error-free and that neither Notion nor the Notion Parties is responsible for any interruption of Services due to faulty equipment, faulty transmission systems, power outages, other interruptions in transmission services, transmission systems that have been tampered with or any damage or destruction to Notion’s equipment or facilities. Neither Notion nor Notion Parties is required to supply monitoring service to you while any such interruption continues.  YOU ACKNOWLEDGE THAT, IN ADDITION TO THE POTENTIAL TRANSMISSION ISSUES DESCRIBED ABOVE, THE TRANSMISSION OF SIGNALS OR ALERTS BY MEANS OF WIRELESS COMMUNICATIONS MAY BE AFFECTED BY RADIO FREQUENCY SIGNAL STRENGTH AND CHANNEL AVAILABILITY AT YOUR PROPERTY, AS WELL AS OTHER ISSUES UNIQUE TO WIRELESS SERVICES.

6.3 Account Registration. In order to use the Application or access the Notion System, you may be required to register an Account with Notion, at which point you become a Register User.  Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account all rights in and to your Account are and shall forever be owned by and inure to the benefit of Notion. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form, including by providing Additional Contact information and creating a passcode/password or PIN (if requested)  (collectively, the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You are responsible for all activities that occur under your Account, including those by your Additional Contacts.  You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Notion System and Services by minors or any other unauthorized persons.  You shall keep your Account and password secure, and you agree to (i) notify Notion immediately of any unauthorized use of your password or any other breach of security; and (ii) 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 Notion System 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 System and Services if you have been previously removed by Notion.

 

6.4 Additional Contacts.  You are responsible for notifying your Additional Contacts of their role and obtaining their permission to provide their contact information, including phone number, to Notion.  The person(s) you identify as Additional Contacts within the Application will be authorized to act on your behalf, including by canceling an alert generated from your Notion System.  NOTION AND NOTION PARTIES, INCLUDING THE MONITORING PROVIDER, ARE ENTITLED TO RELY SOLELY ON YOUR ADDITIONAL CONTACTS AND THE INSTRUCTIONS OF SUCH PERSONS.  Your Additional Contacts will have the ability to opt out of receiving text messages from Notion.  If they opt out, they will not be able to respond to escalated alerts from Notion and/or the Monitoring Provider. Notion and the Notion Parties have no obligation to notify you if an Additional Contact opts out of receiving text messages.  Notion shall have no responsibility for any mistakes or errors made by you in providing the contact information for your Additional Contacts or for your failure to provide updated contact information for your Additional Contacts.

 

6.5 Other Users.  You acknowledge that you are accepting this Agreement on behalf of your Additional Contacts and all persons who use the Services at your Property. You are solely responsible for ensuring that all other users of the Services, including your Additional Contacts, understand and comply with this Agreement and any applicable policies. You are liable for all authorized and unauthorized use of the Services. 

 

6.6 Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to the Notion System, including but not limited to, a mobile device that is suitable to connect with and use the Notion System.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Notion System and Services.

6.7  Compliance with Laws.  You represent and warrant that you will comply with all applicable laws, including export rules.

7. Your Data

7.1 Overview.  Notion uses the Notion System to measure and collect data related to assigned Tasks and other activities monitored by the Notion System (collectively, “Data”) and presents that Data to you through the Application 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 is subject to the terms of our Privacy Policy located at: getnotion.com/privacy.  You may be able to view and share Data with other people or organizations via our Services (some of which may be subject to payment of additional fees).  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 the Notion System to you and our other users. 

7.2 Storage.  Unless expressly agreed to by Notion in a separate writing, 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 the Notion System and Services.  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, retention periods, and similar limits described on Websites and as otherwise determined by Notion in its sole discretion.

7.3  Review of Data and Other Notion System Activity.  Subject to its document retention policies and applicable law, Notion may maintain and keep records of Data, signals, events, alerts or other activity occurring on your System.  However, Notion and the Notion Parties are not obligated to and do not systematically review such information, including for Notion PRO.  Nevertheless, Notion and/or the Notion Parties may, in their absolute and sole discretion and at any time, review the Data, events, alerts or other activity occurring on the System, including with respect to your Account.  If Notion becomes aware of any possible violation by you of any provision of this Agreement, Notion reserves the right to investigate such violations, and Notion may, at its absolute and sole discretion, immediately terminate your license to use the Notion System and Services, without prior notice to you.

8. Notion’s Right to Subcontract. Notion may subcontract the performance of all or any portion of the Services to a Notion Party and provide such Notion Party with all information regarding you as Notion deems necessary or appropriate, which information Notion Parties may retain and use in accordance with applicable law. You acknowledge that this Agreement provides you no contractual relationship with, or rights as a third party beneficiary with respect to, any of the Notion Parties. You also acknowledge and agree that the protections afforded to Notion under this Agreement apply to each of the Notion Parties, including, without limitation, as set forth in those sections entitled “Limitation of Liability”, “Insurance”, “Indemnification from Third-Party Claims and Waiver of Subrogation", “Limit on the Time to Sue”, and “Binding Arbitration, and Class/Collective/Representative Action/Relief Waiver”. Certain services provided by Notion Parties may be subject to their own terms of use and/or privacy policies. By using such services, you consent to any third party services and applicable terms and policies.  You should address questions or concerns relating to third-party services to the corresponding third-party provider.

9. Limited Warranty. Notion provides certain limited warranties applicable to the Notion System as set forth on our Limited Warranty Page located at: getnotion.com/warranty, which is incorporated herein by reference.

10. Indemnification from Third-Party Claims and Waiver of Subrogation. This Agreement is intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by Notion) and release Notion and the Notion Parties from liability and shall reimburse Notion and the Notion Parties for any damages, losses or expenses (including reasonable attorneys’ fees and costs) incurred by Notion or the Notion Parties in connection with any claims, suits, judgments and causes of action which relate to the Notion System or Services. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.

YOUR DUTY TO PROTECT/INDEMNIFY NOTION AND THE NOTION PARTIES APPLIES EVEN IN THE CASE OF THE NEGLIGENCE OF NOTION OR NOTION PARTIES.

IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO NOTION OR NOTION PARTIES FOR REIMBURSEMENT. YOU WAIVE ANY RIGHTS THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST NOTION OR ANY NOTION PARTY, INCLUDING ANY RIGHTS OF SUBROGATION.

Notwithstanding the foregoing, Notion and each Notion Party reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification and defense by you, in which event you will fully cooperate with Notion in asserting any available defenses.  If Notion or a Notion Party elect to assume the exclusive defense and control of the matter, then Notion or the Notion Party, as applicable, will be responsible for its own attorneys’ fees for such defense.  You agree that the provisions in this Section will survive any termination of your Account, this Agreement, or access to and use of the Notion System and Service.

11. DISCLAIMERS. UNLESS EXPRESSLY AGREED TO BY NOTION ELSEWHERE IN WRITING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTION PROVIDES THE NOTION SYSTEM “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 THE NOTION SYSTEM AND SERVICES OR THAT ANY RESULTS WILL BE ACCURATE OR RELIABLE.  NOTION MAKES NO WARRANTY THAT THE NOTION SYSTEM AND SERVICES 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 THE NOTION SYSTEM 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 THE NOTION SYSTEM.

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 BETA 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, THE OPTIONAL SERVICES, THE INTEGRATED SERVICES OR ANY OTHER 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 NOTION SYSTEM.  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, SETUP AND UNDERSTANDING OF THE NOTION SYSTEM, INCLUDING, BUT NOT LIMITED TO THE PLACEMENT OF THE NOTION SENSORS AND THE TASKS YOU ASSIGN THE SENSORS.  FOR EXAMPLE, FAILURE TO PLACE NOTION SENSORS IN APPROPRIATE LOCATIONS OR IN ACCORDANCE WITH INFORMATION PROVIDED  MAY PREVENT THE NOTION SENSORS FROM MONITORING CERTAIN OCCURRENCES IN YOUR HOME.  YOU ASSUME ALL LIABILITY FOR ANY DAMAGE RESULTING FROM YOUR INSTALLATION DECISIONS AND SETUP OF THE NOTION SYSTEM.

12. Limitations of the Notion System. 

12.1  Intended Use.    Notion is not an alarm system, does not have an audible alarm, does not have battery back-up, will not work if power is lost, and should not be relied on to function like an alarm system.  The Notion System is intended to be accessed and used for non-time-sensitive critical information.  While we aim for the Notion System to be highly reliable and available, it is 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.  This is true even when the communications system provider is an affiliate of Notion.  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 notifications. 

12.2  Emergency Notification.  YOU ACKNOWLEDGE THAT THE ALERTS GENERATED BY THE NOTION SYSTEM ARE INTENDED TO BE SELF-MONITORED ONLY BY YOU, UNLESS YOU SUBSCRIBE TO NOTION PRO (IN WHICH CASE SELECT TASKS DESIGNATED BY YOU ALSO WILL BE PROFESSIONALLY MONITORED).  NOTION MAKES NO WARRANTY OR REPRESENTATION THAT USE OF THE NOTION SYSTEM WILL AFFECT OR INCREASE ANY LEVEL OF SAFETY.  YOU UNDERSTAND THAT THE NOTION SYSTEM WITHOUT NOTION PRO IS NOT A PROFESSIONALLY MONITORED EMERGENCY NOTIFICATION SYSTEM; NOTION WITHOUT NOTION PRO DOES NOT MONITOR EMERGENCY NOTIFICATIONS.  NOTION DOES NOT (FOR ANY OF THE SERVICES) GUARANTEE THAT ANY EMERGENCY AUTHORITIES WILL BE CONTACTED OR DISPATCHED TO YOUR HOME IN THE EVENT OF AN EMERGENCY.  ALL LIFE THREATENING AND EMERGENCY EVENTS SHOULD BE IMMEDIATELY REPORTED TO LAW ENFORCEMENT OR OTHER APPROPRIATE EMERGENCY RESPONSE SERVICES, NOT TO NOTION.

12.3  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 PROFESSIONAL MONITORED EMERGENCY NOTIFICATION SYSTEM.  In using the self-monitoring features of Notion, you agree to educate yourself on how the Notion System functions and how to respond to an emergency according to the circumstances of your situation.

12.4  Notion 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; (d) always-on broadband internet access at your Property provided by your internet service provider; (e) always-on internet access through a mobile device carrier, (f) power supply to the Notion System, and (g) 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 your communications bridge will not be able to communicate with the Notion Sensors).  You acknowledge that you are responsible for all fees charged by your internet service provider and mobile device carrier in connection with your use of the Notion System.  You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your internet service provider and mobile device carrier.  To use the Notion System, you must use a smart phone.  Any reference to a “phone” in this Agreement refers such a mobile smart phone with internet and cellular connectivity and a graphical interface.

12.5 Savings.  Notion does not guarantee or promise any specific level of energy, insurance or other savings or other monetary benefit from the use of the Notion System or any feature of them.  Actual energy, insurance or other savings and monetary benefits vary with factors beyond Notion’s control or knowledge.

12.6  Integrated Third Party Products and Services.  Notion uses third-party services, including, but not limited to, analytics, monitoring, authentication, hosting and payment services (collectively, the “Integrated Services”), to provide the Notion System and Services to you.  The Notion System relies on and/or interoperates with the Integrated Services and you cannot receive the Services without the Integrated Services. These Integrated 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 the Integrated Services and their operators, (b) these Integrated 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 Integrated Services.  YOU AGREE NOT TO RELY ON THE NOTION SYSTEM FOR ANY LIFE SAFETY OR TIME-CRITICAL PURPOSES.  You hereby release Notion, 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 the Integrated Services or their operator(s).

12.7  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.  IN ADDITION, YOU AGREE TO USE THE NOTION SYSTEM ONLY IN A MANNER THAT COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.

13. INSURANCE.

13.1  Your Obligation to Obtain Insurance.  You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your Property, including coverage for personal injury and property damage. THE PAYMENTS YOU MAKE TO NOTION FOR THE NOTION SYSTEM AND SERVICES ARE NOT RELATED TO THE VALUE OF THE PROPERTY, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PROPERTY, BUT RATHER ARE BASED ON THE COST OF THE NOTION SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO NOTION UNDER THIS AGREEMENT. You hereby release Notion and the Notion Parties from any liability for any occurrence or condition customarily covered by homeowner’s or business insurance, as applicable. You understand that the Notion System and Services are designed to reduce, but not eliminate, certain risks. Notion does not guaranty that the Notion System will prevent personal injury, unauthorized entrances, fire and smoke damage or any other hazard.  Notion and the Notion Parties assume no liability for those risks.

13.2  Release.  You hereby release Notion and 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 this Agreement or your use of the Notion System and Services or your interactions with third parties and their products or services.

14. Limitation of Liability.

14.1  Disclaimer of Certain Damages.  YOU ACKNOWLEDGE THAT NEITHER NOTION NOR THE NOTION PARTIES ARE INSURERS AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR IN OR AT YOUR PROPERTY, WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PROPERTY, THE CONDUCT OF ANY PERSONS IN OR ON THE PROPERTY, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT IT IS EXTREMELY DIFFICULT TO CALCULATE THE ACTUAL DAMAGES, IF ANY, WHICH MAY RESULT FROM NOTION’S ALLEGED FAILURE TO PERFORM THE SERVICES DUE TO, AMONG OTHER THINGS, THE: (A) UNCERTAIN AND/OR UNKNOWN VALUE OF THE PROPERTY, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PROPERTY; (B) UNCERTAIN AND/OR UNKNOWN RESPONSE TIMES OF EMERGENCY RESPONDERS; (C) INABILITY TO ASCERTAIN WHAT PORTION, IF ANY, OF AN ALLEGED INJURY WAS PROXIMATELY CAUSED BY NOTION’S ALLEGED FAILURE TO PERFORM THE SERVICES; AND (D) THE GENERAL NATURE OF THE SERVICES.

YOU FURTHER ACKNOWLEDGE THAT THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PROPERTY, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PROPERTY, BUT RATHER ARE BASED ON THE COST OF THE NOTION SYSTEM AND THE SERVICES, AND SPECIFICALLY TAKE INTO CONSIDERATION THE LEGAL PROTECTIONS AFFORDED TO NOTION UNDER THIS AGREEMENT. THEREFORE, NOTION EXPRESSLY DENIES AND DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO THE SERVICES.

ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL NOTION OR 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 THE NOTION SYSTEM AND SERVICES, WHETHER OR NOT NOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR RESULTING FROM: (1) THE USE OR INABILITY TO USE THE NOTION SYSTEM OR SERVICES; (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 THE NOTION SYSTEM AND SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ABOUT THE NOTION SYSTEM OR SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE NOTION SYSTEM AND SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL NOTION OR THE NOTION PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY NOTION 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, THE SOLE AND EXCLUSIVE LIABILITY OF NOTION AND THE NOTION PARTIES SHALL BE LIMITED TO TWO-HUNDRED AND FIFTY DOLLARS ($250).

 

UPON YOUR REQUEST, NOTION WILL AGREE TO PROSPECTIVELY INCREASE THE LIMITATION ON THE DOLLAR AMOUNT OF OUR LIABILITY TO YOU, BUT ONLY FOR AN ADDITIONAL CHARGE AGREED UPON BY YOU AND NOTION IN A SEPARATE WRITING SIGNED BY BOTH PARTIES. HOWEVER, UNDER NO CIRCUMSTANCE SHALL NOTION’S AGREEMENT TO INCREASE ITS LIMIT OF LIABILITY BE CONSTRUED OR INTERPRETED TO HOLD NOTION OR THE NOTION PARTIES AS INSURERS.

 

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

14.2  Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NOTION AND YOU.

  1. Termination.

 

15.1  Termination.  This Agreement shall remain in full force and effect from the Effective Date until your Account is terminated as provided herein.  You may terminate your Account at any time, for any reason by emailing support@getnotion.com.  Deletion of the Application does not terminate your Account.  Notion may terminate your Account if (a) you are in breach of this Agreement; (b) if Notion decides in its sole discretion to stop providing the applicable Services; or (c) for any or no reason, without giving you notice.  You understand that any termination of this Agreement and your Account may involve deletion of your Data from our 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 your Data.

15.2  Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service.   Upon termination of any Service, your right to use such Service will automatically terminate immediately.  All provisions of this Agreement which by their nature should survive, shall survive termination of Services or your Account, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

16. Limit on the Time to Sue. YOU MUST COMMENCE ANY ACTION OR PROCEEDING AGAINST NOTION OR THE NOTION PARTIES IN ARBITRATION OR COURT (AS APPLICABLE) WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OR EVENTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.  FAILURE TO TIMELY COMMENCE SUCH ACTION OR PROCEEDING WILL MEAN THAT YOU WAIVE, AND WILL NOT BE ABLE TO PURSUE, THE CLAIM OR CAUSE OF ACTION AGAINST NOTION AND THE NOTION PARTIES.

17. Binding Arbitration, and Class/Collective/Representative Action/Relief Waiver.

Any Dispute involving you and Notion and/or a Notion Party shall be resolved through individual arbitration as described in this Section 17 (the “Arbitration Provision”). In arbitration, there is no judge or jury, and there is less discovery and appellate review than in court.

17.1  DefinitionsThis Arbitration Provision shall be interpreted broadly. “Dispute” means any and all claims or controversies related to us or our relationship, including, but not limited to, any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims or controversies that arose before this Agreement or any prior agreement; (3) claims or controversies that arise after the expiration or termination of this Agreement; and (4) claims or controversies that are the subject of purported class, collective, or representative action litigation. As used in this Arbitration Provision, “us” and “we” means Notion and any Notion Party; and “you” means you and any users or beneficiaries of the Services.

 

17.2 Exclusions. NOTWITHSTANDING THE FOREGOING, DISPUTES RELATING TO THE SCOPE, VALIDITY, OR ENFORCEABILITY OF THIS ARBITRATION PROVISION WILL NOT BE SUBJECT TO ARBITRATION.  

 

17.3 Right to Opt Out. IF YOU DO NOT WISH TO ARBITRATE DISPUTES, YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH US ARBITRATED BY NOTIFYING US, WITHIN 30 DAYS OF THE EFFECTIVE DATE IN WRITING BY EMAIL TO SUPPORT@GETNOTION.COM OR MAIL TO: NOTION, 1630 MARKET STREET, SUITE 300, DENVER, CO, 80202 ATTN: LEGAL DEPARTMENT/ARBITRATION OR ANY OTHER ADDRESS NOTION PROVIDES TO YOU. ANY SUCH WRITTEN NOTIFICATION TO US MUST INCLUDE YOUR NAME, PROPERTY ADDRESS, NOTION ACCOUNT EMAIL, NOTION BRIDGE ID, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE SERVICES PROVIDED BY US. IF YOU HAVE PREVIOUSLY OPTED OUT OF ARBITRATION WITH RESPECT TO THE ACCOUNT GOVERNED BY THIS AGREEMENT, YOU DO NOT NEED TO DO SO AGAIN. BUT YOU MUST SEPARATELY OPT OUT FOR EACH ACCOUNT UNDER WHICH YOU RECEIVE SERVICES. ANY OPT-OUTS SUBMITTED AFTER THIS 30-DAY PERIOD WILL NOT BE EFFECTIVE AND ALL DISPUTES WITH US WILL BE ARBITRATED.  ANY OPT OUT NOTICE YOU HAVE PROVIDED TO COMCAST NEPTUNE, LLC, ITS AFFILIATES OR OTHER NOTION AFFILIATES WILL NOT APPLY TO THIS AGREEMENT.  YOU MUST PROVIDE A SEPARATE NOTICE TO NOTION AS SET FORTH IN THIS SECTION.

 

17.4. Initiation of Arbitration Proceeding/Selection of Arbitrator. Either you or we may initiate an arbitration proceeding by opening a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). You may deliver any required or desired notice to us by mail to: Notion, 1630 Market St., Suite 300, Denver, CO 80202 – ATTN: LEGAL DEPARTMENT/ARBITRATION or any other address Notion provides.

 

17.5. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or we may elect to have a Dispute heard in a small claims court in the area where you receive(d) Services from us, if the claim(s) underlying the Dispute is not aggregated with the claim(s) of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.  If either you or we initiate a claim in small claims court, then such claim shall not be subject to this Arbitration Provision.   

 

17.6 Arbitration Procedures. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to the most recent version of its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA Rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, you and we shall agree on a substitute arbitration organization. If you and we cannot agree, you and we shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision, as written, applying the AAA Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at a location convenient to you in the area where you receive Services from us. If you no longer receive Services from us when you notify us of your Dispute, then any arbitration hearing will take place at a location convenient to you in the county where you reside when you notify us of your Dispute, provided that we offer Services in that county, or in the area where you received Services from us at the time of the events giving rise to your Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

 

17.7. Waiver of Class, Collective, and Representative Actions/Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED (I) ON A CLASS ACTION, COLLECTIVE ACTION, OR OTHER JOINT OR CONSOLIDATED BASIS, OR (II) ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM, AND THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS WAIVER OF CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE ACTIONS AND RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.

 

17.8  Arbitral Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA Rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be our responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules, and you shall reimburse us for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs. You may only recover your attorneys’ fees and costs in the arbitration if the arbitration is decided in your favor and to the extent that you could have recovered those fees in court in accordance with the law or statute(s) that apply to the case. Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that we are required by law to pay.

 

17.9   Survival. This Arbitration Provision shall survive the termination of your Services with us.

18. Waiver of Jury Trial. WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN RELATION TO THE DISPUTE.

19. Governing Law. This Agreement is governed by the laws of the State of New Jersey, without regard to such state’s conflict of laws principles. Any suit or action that arises out of or relates or pertains to this Agreement or the subject matter hereof shall be brought only in the state or Federal courts of the State of New Jersey having jurisdiction.

20. Notices. Where Notion requires that you provide an email address, you are responsible for providing Notion with your most current email address. You grant Notion the right to send any notices required under this Agreement or applicable law to you at the last email address you have provided Notion.   In the event that the last email address provided is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Notion’s dispatch of the email containing such notice will nonetheless constitute effective notice.  You may give notice to Notion at the following address:  Notion, 1630 Market St. Suite 300, Denver, CO, 80202, Attn:  Legal Notices.  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.

 

  1. Consent to Receive Phone and Electronic Communications.

21.1. Phone Communications.  By providing your mobile phone number and using the Notion System, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform the Services.  You agree that Notion, the Notion Parties or other third parties acting on Notion’s behalf may call or text you  and your Additional Contacts at any telephone number that you provide to Notion and may do so for any purpose relating to your Account and/or the Services. You expressly consent to receive such calls and texts and agree that these calls and texts are not unsolicited. You understand and acknowledge that these calls and texts may entail the use of an automatic telephone dialing system and/or artificial or prerecorded messages. If you do not wish to receive these communications, you cannot continue to receive the Services and must terminate your Account.   Message frequency depends on your activity with your Services. Message and/or data rates may apply.

21.2   Electronic Communications.  Electronic communications are a fundamental part of the Notion System.  For contractual purposes, you (a) consent to receive communications and/or notices from Notion and the Notion Parties in an electronic form, including, but not limited to, email and text messages; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Notion and the Notion Parties 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.  You are solely responsible for any fees, including Internet connection or mobile fees, that you (or your Additional Contacts) incur when accessing the Services, including receiving any notifications from Notion. 

22. Assignment. You may not assign your right to use the Notion System without our authorization. You may not assign your rights and obligations under this Agreement. We may freely assign this Agreement, any of our rights and obligations, or any debt you owe us, without notifying you.

23. Force Majeure. Neither Notion nor the Notion Parties shall be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, acts of God or natural disasters, war (declared or not), terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

24. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

25. Entire Agreement. This Agreement, any additional terms related to the Notion System, and any other terms or policies incorporated into this Agreement by reference, form the entire agreement between you and us. No other written or verbal agreements between us have any legal force or effect. You may not modify this Agreement by making any typed, handwritten, or any other changes for any purpose. If any part of this Agreement is found invalid or unenforceable, that part will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. The remainder of the Agreement will remain in effect. Neither the course of conduct between us, nor trade practice, can modify this Agreement.   We are not bound by any undertaking, representation, or warranty made by a Notion Party, any third party, or an agent or employee of ours, in connection with the provision of the Notion System if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement. 

 

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Notion Residential Services Agreement for End Users in Australia
Version: 08/2021

This Residential Services Agreement (“Agreement”) is a binding contract between you and Comcast Neptune, LLC, doing business as Notion and/or Get Notion (“Notion,” “us,” and “we”). The terms of this Agreement apply to your use of any Notion products and services, as described in more detail in Section 1 below (collectively, the “Services”).  

 

You accept this Agreement and agree to be bound by its terms when you indicate you have read and agree to these terms within the Notion application (“Application”) when purchasing and/or activating the Services.  Your continued use of the Services after we provide notice of a change to this Agreement indicates your acceptance of the Agreement and the changes.  IF YOU ARE A CONSUMER UNDER THE AUSTRALIAN CONSUMER LAW OR AUSTRALIAN STATE OR TERRITORY CONSUMER LAWS (“AUSTRALIAN END USER”), NOTHING IN THIS AGREEMENT AFFECTS OR REMOVES ANY RIGHTS THAT YOU HAVE AND WHICH MAY NOT BE CONTRACTED OUT OF UNDER AUSTRALIAN CONSUMER LAWS. PROVISIONS AND DISCLOSURES RELEVANT TO AUSTRALIAN END USERS ARE SET OUT IN SCHEDULE 1 OF THESE TERMS.

 

Australian end users have the benefits of rights and remedies for breaches of consumer guarantees.  Nothing in this Agreement is intended to exclude or limit any rights or protections under Australian Consumer Law that cannot be contracted out of.  

 

The effect of the terms of this Agreement is to limit your rights to those you have under the Australian Consumer Law. You have no other legal basis to sue Notion.

 

Note: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 19 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICES. UNLESS YOU HAVE OPTED OUT IN A TIMELY MANNER, THE ARBITRATION PROVISION REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

 

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.

THIS AGREEMENT LIMITS 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 THEN-CURRENT TERMS.

1. Our Services. Notion makes small, smart, multi-function sensors that monitor and measure, among other things, 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”). Through the Services, Notion provides a self-monitored system using the Wi-Fi enabled Notion System and the related Application by measuring and collecting data via the Notion Sensors, including, but not limited to, 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 Privacy Policy located at: getnotion.com/privacy. You may be able to view and share Data with other people or organizations via our Services (some of which may be subject to payment of additional fees). 

2. 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.

2.1. 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.

2.2. 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 Terms.

2.3. Open Source Software. As further described here, 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.

2.4 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.

2.5 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.

2.6 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 Notion Properties.

2.7 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.

2.8 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.

2.9 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 governed by the third party's privacy policy and not by Notion’s Privacy Policy. You acknowledge 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.

2.10 Hardware.  Notwithstanding anything in this Agreement to the contrary, Notion does not supply hardware (including Notion Sensors and Notion Bridges) to Australian End Users. Other Notion Properties are available to Australian End Users for use in relation to Notion Sensors and Notion Bridges supplied by an authorized distributor of Notion. 

3. Registration
3.1 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”).

3.2 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.

3.3 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 Properties.

4. 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.

5. Ownership
5.1 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.

5.2 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.

5.3 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.

5.4 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, and adapt 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.

5.5 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.

5.6 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 Notion Properties.

6. 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 Properties.

7. 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 violation 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.

8. 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.

9. Third-Party Services
9.1 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.

9.2 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 beneficiaries 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.

9.3 Third-Party Providers. We use third-party services, including but not limited to analytics, monitoring, authentication, hosting, and payment services to help us analyze how users use Notion Properties and so that users may access Notion Properties. Each third-party service is restricted by the third party’s terms of use and privacy policy. By using Notion Properties you consent to such third-party services and their terms. For a full list of our third-party service providers, please contact us at support@getnotion.com.   If you choose to interface the Notion System with third party products and services, such as insurance products, once your consent is given for a particular third party product and service, Notion may transfer data relating to you (including your personal information) to that third party to enable the interface that you have authorized.  For example, Notion may notify a third party service provider that you have activated and/or are using your system or provide your name and address to enable fulfillment of device orders.   

10. Purchase Terms
10.1 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 be treated as described in our Privacy Policy. All information that you provide to us or our 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.

10.2 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.

10.3 Acceptance. A Product is deemed irrevocably accepted upon your use of the Product.

10.4 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.

10.5 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.

11. 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; (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.

12. 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 OCCURRENCES IN YOUR HOME. YOU ASSUME ALL LIABILITY FOR ANY DAMAGE RESULTING FROM YOUR INSTALLATION AND SETUP OF THE NOTION SYSTEM.

13. Limitations of the Notion System
13.1 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 notifications.

13.2 EMERGENCY NOTIFICATION. YOU ACKNOWLEDGE THAT THE NOTION SYSTEM MAY NOT BE 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. NOTION DOES NOT (FOR ANY PRODUCT) GUARANTEE THAT ANY EMERGENCY AUTHORITIES WILL BE CONTACTED OR DISPATCHED 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.

13.3 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.

13.4 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 responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

13.5 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.

13.6 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.

13.7 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.

13.8 INSURANCE. NOTION'S SERVICE CHARGES ARE BASED SOLELY ON THE VALUE OF SERVICES PROVIDED, ARE NOT INSURANCE PREMIUMS, AND ARE NOT RELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR THE PREMISES. YOU ACKNOWLEDGE AND AGREE THAT NOTION IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE COVERAGE AGAINST ANY LOSSES. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR LOSSES, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE.

IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO NOTION OR ANY SUBCONTRACTORS OR THIRD PARTIES USED BY NOTION TO PROVIDE THE SERVICES (“NOTION RELATED PARTIES”) FOR REIMBURSEMENT.  YOU WAIVE ANY RIGHTS THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST NOTION OR ANY NOTION RELATED PARTY, INCLUDING ANY RIGHTS OF SUBROGATION. 

14. Third Party Sites; Release
14.1 Third Party Sites. The Notion Properties may contain links to other websites 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.

14.2 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 or in connection with or as a result of a breach 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.

15. Limitation of Liability
15.1 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, OR 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.

15.2 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 NOTION 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 TO FIFTY DOLLARS ($50).

15.3 DATA. THE NOTION PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE DATA OR PERSONALIZATION SETTINGS.

15.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NOTION AND YOU.

16. Termination
16.1 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 support@getnotion.com. 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 (c) 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 your information.

16.2 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.

17. 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.

18. General Provisions
18.1 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.

18.2 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.

18.3 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.

18.4 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, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

18.5 Compliance. If you believe that Notion has not adhered to the Terms, please contact Notion by contacting us at support@getnotion.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.

19. 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.


19.1  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.


19.2 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.


19.3 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.


19.4 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.


19.5 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.


19.6 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.


19.7 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.


19.8 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 JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. 


19.9 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.

 

19.10  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.

19.11 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.
Il) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Notion.

19.12 Small Claims Court. Notwithstanding the foregoing, either you or Notion may bring an individual action in small claims court.
(n) 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.

19.13 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 Agreement.

19.14  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.

20. 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.

21. 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.

22. 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 occasion.

23.  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.

24. 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 any applicable laws and regulations and shall not, without prior 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 regulations.

25. Final Agreement.  This Agreement is 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