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Website Services Terms of Service

Notion Web Services Terms of Service

Last Updated:  February 24, 2022

Welcome to the Comcast Neptune, LLC d/b/a Notion and/or Get Notion (“Notion,” “us,” and “we”) website and application. Notion provides smart, multi-function sensors that alert you to certain events on your property.  The Notion system consists of the sensors, magnets, smart devices, communication bridge(s), and smart home monitoring services (“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.  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. 

1. About the Web Services Terms of Service and Notion Web Services.  Within these Notion Web Services Terms of Service ("Terms") the term "you" (and related pronouns) refers to you as a user of Notion’s websites and applications described below.  These Terms set forth the terms and conditions through which Notion will permit you to use these Notion-owned and operated websites and applications:

  • Notion-branded websites and web services that link to these Terms, such as www.getnotion.com, excluding certain co-branded websites and web services provided by third parties through contractual arrangements with Notion (the "Website")
  • all mobile applications provided by Notion that link to these Terms (the "Application” and together with the Notion Sites, the “Notion Properties”) 

2. Use of the Notion Properties.The Notion Properties are protected by copyright laws throughout the world. Subject to these Terms, Notion grants you a limited license to reproduce portions of Notion Properties for the sole purpose of using the services provided by Notion through the Notion Properties (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 this Section, but 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 the account you have created within the Application (“Account”).  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.

3. Data.  Notion uses the Notion System to measure and collect data related to your use of 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).  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.

4. Ownership. 

4.1 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.

4.2 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.

4.3 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.

4.4 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 all rights in and to your Account are and shall forever be owned by and inure to the benefit of Notion.

4.5 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.

5. 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.

6. 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.

7. 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.

8. Third-Party Services.

8.1 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.

8.2 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.

8.3 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. 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.

9. Purchase Terms.

9.1 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.

9.2 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.

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

9.4 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.

9.5 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.

10. 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 10 will survive any termination of your Account, the Terms, or access to Notion Properties.

11. 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 PROPERTIES (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. 

12. Third Party Sites; Release.

12.1 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.

12.2 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.

13. Limitation of Liability.

13.1 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.

13.2 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).

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

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

14. Term.  These Terms apply to all uses of the Notion Properties and will be in effect from the Effective Date until terminated by either you or Notion.  

14.1 Users without an Account.   If you do not have an Account, you may terminate these Terms simply by discontinuing your use of any services provided by Notion, including your use of or access to the Notion Properties. Notion reserves the right to terminate your use of or access to the Notion Properties at any time with or without notice to you.  Because users without Accounts are generally unknown to us, in most cases we will be unable to give you notice of these actions. 

14.2 Users with an Account.  If you have registered an Account with us, you may terminate these Terms by emailing us at support@getnotion.com, deleting your account, and ceasing your use of or access to the Notion Properties. Notion reserves the right to terminate your use of or access to the Notion Properties at any time with or without notice to you.  Because users with an Account are known to us, however, we will generally use reasonable efforts to give notice of these actions. 

If an Account is required to obtain Services from Notion, your Account cannot be terminated or deleted without also terminating the associated Services. 

15. 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.

16. 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.

17. 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. 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, pandemic or epidemic, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

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

20. Governing Law.   These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to such state’s conflict of laws principles. Any suit or action that arises out of or relates or pertains to these Terms or the subject matter hereof shall be brought only in the state or Federal courts of the Commonwealth of Pennsylvania having jurisdiction. 

21. Export.  You represent and warrant that you will comply with all applicable laws, including export rules.

22. 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 these Terms 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 these Terms, 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, 1624 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.

23. Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

24. Entire Agreement. These Terms, any additional terms related to the Notion System or the Notion Properties, and any other terms or policies incorporated into these Terms 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 these Terms by making any typed, handwritten, or any other changes for any purpose. If any part of these Terms are 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 these Terms will remain in effect. Neither the course of conduct between us, nor trade practice, can modify these Terms.   We are not bound by any undertaking, representation, or warranty made by any third party, or an agent or employee of ours, in connection with the provision of the Notion Properties if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement.