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 “I have read and understood the Participation Agreement, and I agree to its terms,”, 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.
Only eligible people are able to participate in the Program. To be eligible to participate in the Program you must (i) be a current policyholder of UNITED FARM FAMILY MUTUAL INSURANCE COMPANY or one of its affiliates (collectively, “Company”) in good standing, (ii) meet the Program eligibility criteria established by Company and provided to you, 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.
During the Program, Notion will make available Notion Starter Kits consisting of 1 Notion bridge + 5 Notion sensors + 2 magnet accessories, which will be shipped by Notion’s fulfillment center directly to your mailing address on record with Company (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. Company may, at its sole discretion, offer a premium discount on the homeowners insurance policy associated with the eligible participant in the Program.
By clicking “I have read and understood the Participation Agreement, and I agree to its terms,” 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, and you understand and agree that Company may share (and/or direct Notion to share) such Sensor Data with Peril Protect, LLC (“Company’s Service Provider”) as permitted by applicable law. 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 “I have read and understood the Participation Agreement, and I agree to its terms,” and agree to this Agreement, you may not participate in the Program. 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 and Service Provider. Company and Service Provider will use the Sensor Data in accordance with Company’s Online Privacy Policy
(https://www.infarmbureau.com/company/privacy-notice#) and Privacy Notice
(https://www.infarmbureau.com/docs/default-document-library/privacy).
By clicking “I have read and understood the Participation Agreement, and I agree to its terms,” 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 email Notion at support@getnotion.com, and include a withdrawal of your consent in that email.
By clicking “I have read and understood the Participation Agreement, and I agree to its terms,” and 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 unsubscribe instructions in the email. Your request will be processed as soon as it is reasonably practical, and you will not receive promotional emails from Notion again unless you voluntarily request another free or paid Program. Please note that Notion may still send you administrative and transactional messages about the Program.
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.
Using the Starter Kit requires you to download the Notion mobile application (“Notion App”). To use the Starter Kit and Notion App, you are required to agree to Notion’s Terms of Service (https://www.getnotion.com/terms/). If any provision in Notion’s Terms of Service conflicts with this Agreement, then the terms of this Agreement will control.
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. You may terminate your participation in the Program at any time for any reason. If you terminate your participation in the Program, upon renewal of your insurance policy with Company, any premium discount associated with the Program will be removed as of such policy renewal date.
You agree that Company and/or Company’s Service Provider 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 and Company’s Service Provider may collect such feedback through questionnaires, surveys, and other lawful means.
You acknowledge and agree that Company and Company’s Service Provider are not responsible for the Program or the Starter Kits, and they undertake no obligation to monitor or alert you to any information collected by the Starter Kits or any feedback received as outlined in this Agreement. You understand and agree that your mobile network, your WiFi network, the Starter Kits, and the Notion App are not error-free and may be interrupted, delayed, or otherwise limited due to various service issues (such as weak batteries, environmental conditions, network disruptions, roaming service limitations). AS A RESULT OF SERVICE ISSUES, THE STARTER KIT INSTALLED AT YOUR PROPERTY MAY NOT BE FULLY OPERATIONAL AND ALERTS MAY NOT BE TIMELY OR PROPERLY COMMUNICATED TO YOU. COMPANY AND/OR COMPANY’S SERVICE PROVIDER WILL NOT BE RESPONSIBLE OR LIABLE FOR SERVICE ISSUES. You agree that Company and Company’s Service Provider (including their employees, directors, agents, contractors, affiliates) will not have any liability arising out of or in any way related to this Agreement, the Program, the Notion App, or the Starter Kits. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR COMPANY’S SERVICE PROVIDER 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). IF YOU ARE DISSATISFIED WITH THE PROGRAM, THE STARTER KIT, THE NOTION APP, OR WITH ANY PROVISION OF THIS AGREEMENT, AS YOUR SOLE AND EXCLUSIVE REMEDY, YOU MAY DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM.
COMPANY AND COMPANY’S SERVICE PROVIDER DO NOT MAKE, AND EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY AND COMPANY’S SERVICE PROVIDER ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, OR DEFECT IN CONNECTION WITH THE PROGRAM, THE NOTION APP, OR ANY STARTER KIT. COMPANY AND COMPANY’S SERVICE PROVIDER CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE PROGRAM, THE NOTION APP, OR ANY STARTER KIT IS FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE, OR OTHER HARMFUL COMPONENTS. YOU ARE CAUTIONED TO USE THE STARTER KIT AND THE NOTION APP AT YOUR OWN RISK. COMPANY AND COMPANY’S SERVICE PROVIDER DO NOT REPRESENT OR WARRANT THAT YOUR PARTICIPATION IN THE PROGRAM, USE OF THE STARTER KIT, OR USE OF THE NOTION APP WILL PREVENT LOSS, DAMAGE, INJURY, DEATH, OR OTHER HARMFUL EVENTS TO PERSON OR PROPERTY.
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 Indiana without giving effect to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of Marion County, Indiana and waive the defense of forum non conveniens. This Agreement is the entire agreement of the parties with respect to the Program. You agree that this Agreement in no way changes, modifies, or amends the terms and conditions of your insurance policy with Company, and any claim for benefits under your insurance policy will be evaluated and adjusted pursuant to its terms and conditions and applicable law.