Provider grants you limited, conditioned and revocable permission to access and use the Service, provided that you use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Provider, a Provider employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Provider or users of the Service or expose them to liability.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Service.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Service.

We offer you the ability to enroll your mobile phone in our Short Messaging Service (“SMS”) text message alert system (the “SMS System”) for purposes of receiving Service notifications and emergency alerts. Your enrollment or use of the SMS System constitutes your agreement to the following terms and conditions:

By providing your mobile phone number(s) to Provider as part of your registration for the SMS System, you provide us with your express consent to receive text message alerts at that number and:

i. Acknowledge and represent to us that you are the authorized user of the mobile phone(s) that you link to our text message service or have been granted permission by the authorized user of the mobile phone(s) to enroll such mobile phone(s) in the service;

ii. You grant Provider express permission to send text messages to that (those) mobile phone(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these terms and conditions;

iii. Your receipt of SMS messages from Provider (“SMS alerts”) is NOT a violation of state or federal rules including, but not limited to, the Telephone Consumer Protection Act (TCPA) or Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act;

iv. You understand that your wireless carrier may charge you additional message and data fees for receipt of our text messages; and

v. By granting such permission to Provider you are hereby requesting to receive such messages in spite of the fact that your number may otherwise be on the federal, or a state’s, do not call list and you agree, to the maximum extent permitted by law, that such text messages shall not be in violation of such do not call list(s).

Prior to completing your enrollment in the Service, we will send a text message to your designated mobile number. To complete enrollment, you must confirm receipt of the text message from your device by following the instructions in that text message. You may cancel your enrollment in the SMS System at any time by logging into the Service and removing your mobile number(s) from the SMS System registration. You may also cancel your enrollment by sending an SMS System opt-out request email to support@carson.live

Provider SMS alerts are available to Users based in the United States. User understands and acknowledges that SMS alerts are not intended to be accessed from outside of the United States. In addition, because Provider does not operate or control the wireless networks used to access the SMS alerts, we cannot guarantee the privacy or security of wireless data transmissions. Please check with your wireless service provider for information about its privacy and security practices. PROVIDER IS NOT RESPONSIBLE FOR INCOMPLETE, LOST, LATE, OR MISDIRECTED MESSAGES, INCLUDING (BUT NOT LIMITED TO) UNDELIVERED MESSAGES RESULTING FROM ANY FORM OF FILTERING BY YOUR MOBILE CARRIER OR SERVICE PROVIDER. PROVIDER ALSO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SMS ALERTS. THE SMS SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVIDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (A) THE SMS SYSTEM WILL MEET YOUR REQUIREMENTS; (B) THE SMS SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SMS SYSTEM WILL BE ACCURATE OR RELIABLE.

The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Provider, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Service, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted herein is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Notwithstanding the foregoing, if you are a building owner, a management company, or their authorized representative, you may use the Service for the operation and management of the property or properties covered by your Subscription Agreement, and the personal, non-commercial use limitations in this Section 5 apply to you only to the extent they are consistent with that use.

The Carson name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of Provider or its affiliates or licensors. You must not use such marks without the prior written permission of Provider. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

The Service may contain message boards, chat rooms, personal profiles, forums, bulletin boards, social media integration, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Service.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the Service will be considered non-confidential and nonproprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Provider, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service.

These content standards apply to any and all User Contributions and use of the Service. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

The fees payable for use of the Service shall be in accordance with the terms of the applicable Subscription Agreement. Unless otherwise stated in the Subscription Agreement, fees are due upon receipt.

Carson may offer customers the ability to pay fees on a monthly, quarterly, or annual basis, including via automatic recurring payments (“Autopay”) using ACH, credit card, or other approved payment methods. By enrolling in Autopay, Customer authorizes Carson to automatically charge the designated payment method for all amounts due under this Agreement, including recurring subscription fees, usage-based fees, taxes, penalties, administrative fees, and any other amounts owed. Customer is responsible for maintaining valid and current payment information at all times.

Any amounts not paid when due may, at Carson’s option, accrue late charges at the rate of two percent (2%) per month (or the maximum rate permitted by law, if less), calculated from the due date until paid in full. In addition, Carson reserves the right to assess a delinquency administrative fee of up to five hundred dollars ($500) per occurrence for accounts that become materially delinquent, including to offset internal administrative, billing, and collections costs.

Customer’s failure to timely pay any fees when due constitutes a material breach of this Agreement and may result, at Carson’s discretion and without limiting any other remedies, in suspension of Services, restriction of access, or termination of this Agreement and any licenses granted hereunder. Any suspension or termination shall not relieve Customer of its obligation to pay all outstanding amounts, including accrued interest and fees.

Any discounts, credits, or preferential pricing extended to Customer, whether set forth in the Subscription Agreement or otherwise, are conditioned upon Customer’s timely payment of all amounts due. In the event Customer becomes delinquent, such discounts or preferential pricing may be revoked, and Carson reserves the right to retroactively apply standard, undiscounted pricing to the delinquent amounts. If Customer’s account is referred to a third-party collections agency or legal enforcement, all previously applied discounts shall automatically terminate, and the full undiscounted balance shall become immediately due and payable.

Customer shall be responsible for all costs incurred by Carson in connection with the collection of overdue amounts, including without limitation administrative fees, interest, reasonable attorneys’ fees, court costs, and collection agency fees, to the extent permitted by law.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for Provider.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
• Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Unless otherwise stated in the applicable Subscription Agreement, this Agreement shall remain in effect for the initial subscription term specified therein (the “Initial Term”) and shall automatically renew for successive renewal terms of equal length (each, a “Renewal Term”), unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

Customer may terminate this Agreement for convenience only by providing written notice of non-renewal in accordance with the foregoing renewal notice requirements. Early termination during a then-current subscription term is not permitted, except as expressly set forth in this Agreement or the applicable Subscription Agreement.

All fees payable under this Agreement are non-cancelable and non-refundable, except as expressly stated otherwise in a fully executed Subscription Agreement. If Customer has elected or been invoiced on an annual or prepaid basis, Customer remains fully responsible for payment of all fees for the entire subscription term, regardless of early termination, suspension of use, or cessation of use of the Services.

Upon expiration or termination of this Agreement for any reason:

• All outstanding fees shall become immediately due and payable, and
• Any amounts previously paid shall be non-refundable, including any prepaid or unused portions of the subscription term.

Termination shall not relieve Customer of its obligation to pay any amounts owed to Carson as of the effective date of termination, nor shall it limit Carson’s rights or remedies under this Agreement.

The termination or expiration of this Agreement shall not affect any accrued rights.

Upon the termination or expiration of this Agreement you must immediately cease using the Service.

It is the policy of Carson Living, Inc to respond to claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for Carson Living, Inc:

Carson Living, Inc.
224 W 35th St Ste 500 #2679
New York, NY 10001
USA
Phone: 646.661.2250
Email: support@carson.live

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

To the extent you have been granted direct access to Provider’s monitoring platform, allowing you to monitor and/or control aspects of the Service (the ‘Monitoring Platform’) then you agree that your access to the Monitoring Platform is conditional upon the following undertakings: You agree and undertake that the format, content, design and services of and contained within the Monitoring Platform (the “Monitoring Platform IP”) is the proprietary and confidential information of the Provider and you shall not: (i) use the Monitoring Platform IP or any portion of it for any purpose other than as part of your use of the Service as approved by Provider; (ii) disclose the Monitoring Platform IP or any part of it to any third party, without Provider’s prior written consent; (iii) directly or indirectly copy or otherwise reproduce all or any portion of the Monitoring Platform IP; (iv) seek to directly or indirectly develop a product with features similar to the Monitoring Platform or the Service or which otherwise directly or indirectly competes with the Monitoring Platform or the Service or any part of it, through the term of your agreement with Provider and for a period of two years thereafter; (v) circumvent or attempt to circumvent the undertakings contained herein. You acknowledge that Provider will be irreparably harmed if your undertakings herein are not specifically enforced and that Provider would not have an adequate remedy at law in the event of an actual or threatened violation by you of these obligations. Therefore, in addition to all other remedies it may have, Provider shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by the you without having to show actual damages.

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL PROVIDER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

EXCEPT FOR WILLFUL OR MALICIOUS TORTIOUS OR CRIMINAL ACTS BY PROVIDER, YOU AGREE THAT IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PROVIDER (AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS AND SUPPLIERS) EXCEED THE GREATER OF $2,500 (TWO THOUSAND FIVE HUNDRED DOLLARS) OR THE AMOUNT OF MONIES YOU HAVE PAID TO PROVIDER DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRIOR TO THE ACT OUT OF WHICH LIABILITY AROSE.

You agree to defend, indemnify and hold harmless Provider, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the courts of the State of New York in each case located in the City of New York and County of New York although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver of by Provider of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Provider to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

These Terms of Service, our Privacy Policy, and any applicable Subscription Agreement (including any Service Change Addendum) constitute the sole and entire agreement between you and Provider with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. If there is a conflict between a Subscription Agreement and these Terms of Service, the Subscription Agreement controls solely as to pricing, fees, billing, and subscription term, and these Terms of Service control in all other respects.

(a) Partner Programs. Provider may make available, through the Service or through communications sent by Provider, products and services offered by third parties with whom Provider has a commercial relationship (each, a "Marketplace Partner," and each such offering, a "Partner Program"). Partner Programs may include, without limitation, utility enrollment, electric bill payment, and energy services, insurance, internet, moving, and other resident and property services. Provider may add, change, or discontinue Partner Programs and Marketplace Partners at any time.

(b) Property Participation. Unless opted out under Section 21(d), each property onboarded to the Service may be included in Partner Programs as of its onboarding date, without further action by the owner or management company of that property. When a property is included, Provider may promote Partner Programs to residents of that property through the Service, email, and other communications permitted by applicable law, and may share information about the property, such as its name, address, zip code, and unit count, with Marketplace Partners to administer Partner Programs.

(c) Resident Participation. A resident’s use of any Partner Program is optional, and a resident becomes a customer of a Marketplace Partner only by agreeing directly to that Marketplace Partner’s terms. Partner Programs may be offered through links or through partner pages displayed within the Service. When a resident chooses to open a Partner Program displayed within the Service, Provider may send the Marketplace Partner the resident information described in Provider’s Privacy Policy so the Marketplace Partner can identify the resident and direct the resident to sign in or sign up. Any information the resident provides to a Marketplace Partner is collected by that Marketplace Partner under its own terms and privacy policy. Marketplace Partners may report to Provider information about residents’ enrollment in Partner Programs, which Provider may use to calculate its compensation and manage Partner Program communications.

(d) Property Opt-Out. The owner or management company of a property may opt that property out of any or all Partner Programs or Marketplace Partners (an opt-out of a Marketplace Partner applies to all of its Partner Programs) at any time by written notice to support@carson.live. Provider will process a property opt-out within ten (10) business days of receipt by ceasing promotions of the opted-out Partner Programs to that property’s residents, removing those Partner Programs from the Service for that property, and ceasing to send resident information from that property to the affected Marketplace Partners. A property opt-out is effective on a going-forward basis only. It does not affect any compensation earned by Provider before it became effective, or any account or agreement a resident has entered into directly with a Marketplace Partner, which is solely between the resident and that Marketplace Partner.

(e) Resident Choices. Partner Programs within the Service are enabled or disabled for a property as a whole, not for individual residents. A resident is never required to use a Partner Program, and Provider sends a resident’s email address and Carson resident ID to a Marketplace Partner only when the resident chooses to open that Marketplace Partner’s Partner Program within the Service. A resident may stop receiving Partner Program emails from Provider at any time by using the unsubscribe option in any Partner Program email or by contacting privacy@carson.live, and Provider will process the request within ten (10) business days of receipt.

(f) Text Messages. Provider will not send Partner Program promotions by SMS text message unless you have separately and expressly agreed to receive marketing text messages from Provider. The SMS System described in Section 4 is used only for Service notifications and emergency alerts.

(g) Compensation. Provider may receive fees, commissions, revenue share, or other compensation from Marketplace Partners in connection with Partner Programs, including compensation based on residents’ enrollment in or use of Partner Programs. Such compensation belongs solely to Provider. Provider may, in its sole discretion, elect to share a portion of it with an owner or management company, but no owner, management company, or resident is entitled to any portion of it unless expressly agreed by Provider in a separate signed writing.

(h) No Responsibility for Partner Programs. Partner Programs are provided by Marketplace Partners, not by Provider, including when displayed within the Service. Provider does not operate or control Partner Programs, does not process payments made to Marketplace Partners, makes no representations or warranties regarding Partner Programs, and is not responsible or liable for any act, omission, product, service, charge, or data practice of any Marketplace Partner. Sections 14, 15, and 16 apply to Partner Programs as if they were part of the Service.

(i) Authority to Bind. Any person or entity that registers for, accepts, or uses the Service on behalf of a property, including an owner, a management company, or their authorized representatives, represents and warrants that it has authority to bind both the owner and the management company of that property to these Terms of Service, including this Section 21, and agrees that acceptance by any of them binds the property and each of them with respect to that property. A management company that accepts these Terms of Service does so as agent for and on behalf of the owner. Any person or entity that accepts without such authority shall indemnify Provider against any claim arising from that lack of authority. This Section 21(i) does not apply to residents, who accept these Terms of Service only for themselves.