SMART HOME MONITORING SYSTEM PARTICIPATION AGREEMENT
This Participation Agreement (“Agreement”) contains the terms and conditions regarding your participation in the smart home sensor program described in this Agreement (the “Program”) being conducted by Comcast Neptune, LLC d/b/a Notion (“Notion”).
By clicking the box next to “I agree to the participation agreement,” you acknowledge and agree that you have carefully read, understood, and agree to be bound by all of the terms and conditions of this Agreement.
1. Eligibility.
Only eligible people are able to participate in the Program.To be eligible to participate in the Program you must (i) be an eligible current insurance policyholder of American Modern Insurance Group (AMIG) or one of its affiliates (collectively, “Company”) in good standing, (ii) be a resident of Ohio or Indiana and (iii) be at least 18 years old or the age of majority in your state of residence. Notion reserves the right to determine whether or not you qualify as an eligible participant in the Program.You agree you are eligible to participate in the Program.
2. Program Description.
During the Program, Notion will make available Notion Starter Kits consisting of 5 sensors and 1 bridge via a direct link to the Notion store (each, a “Starter Kit”).The Starter Kits are available on a first come, first serve basis and are limited to one Starter Kit per household.Any other offers, discounts or credits are not applicable to this offer.
3. Privacy and Data Sharing.
By clicking the box next to “I agree to the participation agreement” and participating in the Program, you direct Notion to intentionally disclose data and information (including personal information) collected through the Starter Kit (“Sensor Data”) with Company.Your participation in the Program is entirely voluntary and you are under no obligation to purchase a Starter Kit or participate in the Program.If you do not click the box next to “I agree to the participation agreement” and agree to this Agreement, you may not participate in the Program or purchase a Starter Kit for the discounted price.The Starter Kit is designed to transfer certain data and information, including Sensor Data, to Notion. Your use of the Starter Kit is subject to Notion’s Privacy Policy (https://www.getnotion.com/privacy/). Notion will share Sensor Data with Company as set forth in this Agreement.You expressly agree that Notion can share the Sensor Data with Company.Company will use the Sensor Data in accordance with Company’s Privacy Policy (https://www.amig.com/company/privacy-notice/).
4. Calls.
By clicking the box next to “I agree to the participation agreement” and participating in the Program, you agree that Notion (or third parties acting on Notion’s behalf) may call you at any telephone number you provide to Notion for any purpose related to your Starter Kit, the Program, or your account with Notion, including to help set up your Starter Kit. You understand that these calls may be autodialed, and that if you provide a cell phone number, standard carrier charges may apply. If you do not wish to receive these calls, you may opt out by contacting us at support@getnotion.com or by requesting the calling agent to cease further calls.
5. Emails.
By participating in the Program, you agree to receive transactional and marketing email communications from Notion (or third parties acting on Notion’s behalf), including about your Starter Kit, the Program, and your account with Notion, including to help set up your Starter Kit. If you do not wish to receive marketing emails from Notion, you may follow the instructions in the email.
6. Your Obligations.
You agree to install the Starter Kit within your property that is insured by Company, and in accordance with Notion’s standard installation instructions.You are responsible for providing the internet connection necessary for the Starter Kit to operate and for all other costs associated with your use of the Starter Kit (such as utilities, mobile data charges, and electric costs). You may not use the Starter Kit in violation of any applicable laws.
7. Terms of Service.
Using the Starter Kit requires you to download the Notion mobile application (“App”).To use the Starter Kit and App, you are required to agree to Notion’s Terms of Service (https://www.getnotion.com/terms/).
8. Termination.
The Program (including your participation in the Program) may be terminated by Notion at any time and for any reason.In addition, Notion may at any time stop accepting new participants in the Program for any reason.
9. Feedback.
You agree that Company may from time to time request your feedback on the Program, Starter Kits, and other matters related to your home and insurance.You agree that Company may collect such feedback through questionnaires, surveys, and other lawful means.
10. Liability.
You acknowledge and agree that Company is not responsible for the Program or the Starter Kits, and undertakes no obligation to monitor or alert you to any information collected by the Starter Kits or any feedback received as outlined in paragraph
11. COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.You agree that Company (including its employees, directors, agents, contractors, and affiliates) will not have any liability arising out of or in any way related to this Agreement, the Program, or the Starter Kits. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY OR OTHER SIMILAR DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE (EXCEPT WITH RESPECT TO INDEMNITY OBLIGATIONS FOR THIRD-PARTY CLAIMS AND LOSSES).
12. General Provisions.
This is a legally binding agreement between the parties.You agree that Company is a third party beneficiary of this Agreement and is entitled to enforce its provisions against you.This Agreement shall be construed in accordance with the laws of the State of New York without giving effect to the conflicts of laws principles thereof.This Agreement is the entire agreement of the parties with respect to the Program.