Last Updated: July 15th, 2019
Welcome to Comcast Neptune, LLC d/b/a Notion and/or Get Notion (“Notion,” “us,” and “we”) website and application. We make small, smart, multi-function sensors that monitor and measure temperature, acceleration, natural frequency, light, motion, sound, angular rate, and water, and send alerts to your mobile device. The Notion sensor system can detect things such as if a door or window opens, if the temperature of your room is getting too hot or cold, if a smoke alarm is going off, or if there is a water leak. The Notion sensor system consists of sensors (each a “Notion Sensor”) and a bridge (the “Notion Bridge” and, together with the Notion Sensors and the Application and Services (defined below) the “Notion System”). Certain indicated terms herein apply solely with respect to Notion’s monitoring Service called “NotionPRO.”
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE NOTION SYSTEM. IF YOU DO NOT AGREE, YOU SHOULD NOT USE
THE NOTION SYSTEM.
AS DESCRIBED BELOW, SECTIONS 12 AND 13 DESCRIBE IMPORTANT LIMITATIONS OF THE NOTION SYSTEM, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
THE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
THE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in connection with such features. All such additional terms are incorporated by reference into the Terms. The Terms are in addition to, and do not nullify, any other agreement between you and Notion. In the event of a conflict between the additional terms or other agreement and any provision in the Term of Use, the additional terms or other agreement will prevail, but only with respect to the portion of the Services to which the additional terms apply.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY NOTION IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Notion will make a new copy of the Terms available at getnotion.com/terms and within the Application. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account (as defined in Section 3.1 below) to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Website, the Application and/or Services and will be effective thirty (30) days after posting of notice of such changes for existing Users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3.1 below). Notion may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
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.
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.
5.1 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, adapt, publicly perform, and publicly display, Data (in whole or in part) for the purposes of operating the Services and providing Notion Properties to you and to our other Users. You agree that you, not Notion, are responsible for all of the Data that you make available on or in Notion Properties.
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 Notion of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, the App Stores will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
10. Purchase Terms
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 WITHOUT NOTIONPRO IS NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM; NOTION WITHOUT NOTIONPRO 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.
13.5 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.
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 any of any kind arising in connection with or as a result of these Terms or your use of the Notion Properties or your interactions with third parties and their products or services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
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.
16.1 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 email@example.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 (d) for any or no reason, without giving you notice. You understand that any termination of these Terms and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. Notion will not have any liability whatsoever to you for any termination of your Account or related deletion of you information.
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, 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 firstname.lastname@example.org 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.
18.7 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.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(k) 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.
(m) 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.
(o) 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.
(p) 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.
18.8 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.
18.9 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.
18.10 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.
18.11 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.
18.12 Export Control. You may not use, export, import, or transfer Notion Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Notion Properties, and any other applicable laws. You acknowledge and agree that products, services or technology provided by Notion are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Notion products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
18.13 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
19. Monitoring Service Terms. The following terms shall apply with respect to the NotionPRO Services. “Notion,” as used in this Section, means Notion and/or Noonlight:
19.1 Authorization. You hereby authorize Notion to monitor the signal transmissions from the Notion Systems at locations selected by you. Notion’s monitoring obligations hereunder shall only begin when the following have been accomplished: (1) you have signed up for an Account and submitted payment, and (2) any address or phone number verification required by Notion has been completed. Notion shall have no responsibility for the failure, neglect, or refusal of any person or authority notified by Notion to respond to an alarm, nor for any mistakes or errors made by you in providing the contact information for the persons to be notified by Notion.
19.2 Notification Obligations. Notion’s only obligations with respect to NotionPRO shall be to monitor signals received from the Notion Systems when used as intended by Notion. FOR CLARITY, 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 ADDRESS REGISTERED TO YOUR ACCOUNT. For emergency response events, Notion is to make commercially reasonable efforts to make text or verbal notification to the appropriate emergency responder and to the other persons whose names and telephone numbers are provided by you. Notion will make and keep records of notification events.
19.3 Alarm Notification Exceptions. Notion shall not be required to give notification of an alarm signal if it has reasonable grounds to believe that an emergency condition does not exist. Notion shall also have the authority to give notification of an alarm condition to persons and authorities not designated by you on your [Contact info form] if Notion, in its reasonable judgment, believes it prudent to do so, however, Notion does not have an obligation to do so.
19.4 False Alarms; Suspension of Service and Shut-Down. You agree to prevent false alarms and be solely liable for false alarms. You must pay (or reimburse Notion) any fines, fees, costs, expenses and penalties relating to the NotionPRO Services assessed against you, Notion or Noonlight 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.
19.5 Privacy Laws and Permits. It shall be your responsibility to procure any authorizations, licenses, or consents necessary to comply with any laws, including privacy laws, rules, or regulations regarding monitoring in the state in which monitoring is to be performed. You are responsible for all alarm permits and permit fees, and agree to file and maintain any permits required by applicable laws. NOTION SHALL HAVE NO LIABILITY FOR PERMIT FEES, FALSE ALARMS, FALSE ALARM FINES, POLICE OR FIRE RESPONSE, ANY DAMAGE TO PERSONAL PROPERTY, REAL PROPERTY, OR PERSONAL INJURY CAUSED BY POLICE OR FIRE DEPARTMENT RESPONSE TO ALARMS (INCLUDING FALSE ALARMS), OR THE REFUSAL OF THE POLICE OR FIRE DEPARTMENT TO RESPOND. YOU HEREBY AGREE TO RELEASE AND HOLD NOTION AND THE MONITORING STATION HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY DELAY IN THE DISPATCH OF EMERGENCY RESPONDERS, OR ANY THE FAILURE OR REFUSAL OF EMERGENCY RESPONDERS TO SO DISPATCH TO YOUR REGISTERED ADDRESS, DUE TO ANY FAILURE BY YOU TO OBTAIN, MAINTAIN AND RENEW ANY REQUIRED PERMIT OR REGISTRATION FOR YOUR ALARM PRODUCT. In the event of termination of police or fire response, or revocation of your alarm permits or licenses, this Agreement shall nevertheless remain in full force and you shall remain liable for all payments for all services provided by Notion.
19.6 Mobile Phone Contact. You are solely responsible for any fees, including Internet connection or mobile fees, that you (or your contact persons) incur when accessing the Services, including receiving alarm notifications from Notion. By providing your cell phone number and using the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform the Services. Notion will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply.
End of Terms