Carr+ Terms and Conditions

Introduction

[Carr Properties] (“Company” or “we”) respects your privacy and is committed to protecting it through our compliance with this statement. This statement describes:

• The types of information we may collect or that you may provide when you download, install, register with, access, or use the The Carr Experience App (the “App”).
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This statement applies only to information that you provide or we collect in this App and in email, text, and other electronic communications sent through this App.

This statement DOES NOT apply to information that:

• We collect offline or on any other Company apps or websites, including websites you may access through this App.
• You provide to or is collected by any third party, including via any links included in the App.

Our websites and other apps, and these third parties may have their own privacy statements, which we encourage you to read before providing information on or through them.

Please read this statement carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy statement.

This statement may change from time to time. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the statement periodically for updates.

Information We Collect and How We Collect It

We collect information from and about users of our App directly from you when you provide it us. When you download, register with, or use this App, we may ask you provide information by which you may be personally identified, such as name, postal address, email address, and telephone number (“Personal Information”).

Other information that we may also collect includes:

• Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App and requesting further services.
• Your messages and correspondence (including email addresses and phone numbers), if you contact us.

How We Use and Disclose Your Information

We use information that we collect about you or that you provide to us, including any Personal Information, to:

• Provide you with the App and its contents, and any other information, products or services that you request from us.
• Respond to your inquiries.
• Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
• Send you communications, such as newsletters or notices.
• Fulfill any other purpose for which you provide it.

Further, we may disclose Personal Information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about our App users is among the assets transferred.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the Mobile App End User License Agreement.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, assets, personnel or tenants.

We WILL NOT sell Personal Information to third parties for any reason. We DO NOT share Personal Information with any unrelated third party for purposes of marketing and/or advertising.

Third Parties Links and Advertisements

The App may provide discount offers through external links to third party merchants and vendors who may request your email address or other Personal Information. We are not a party to any transaction between you and a third-party merchant or vendor and are not responsible for any Personal Information provided by you to such merchant or vendor. Any and all transactions with third party merchants or vendors are directly with the merchant or vendor and will be wholly processed by the merchant or vendor. All issues and disputes with a merchant or vendor, including but not limited to discount issues, delivery issues and returns of merchandise should be handled directly with the merchant or vendor, as we are not a party to your transaction.

Data Retention, Access and Correction of Your Personal Information

We may keep information that you have provided [permanently], unless you request that it is removed. To request removal of your information you can send us an email at [email protected].

You may also send us an email at [email protected] to request access to, correct, or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The App permits communications between you and Company. Unfortunately, data transmission over the Internet or wireless network cannot be guaranteed to be secure nor is any security system completely secure. Although we seek to protect your Personal Information, we do not guarantee the security of any information you transmit to us, or we transmit to you, through the App. It is possible that unauthorized “hackers” may post or transmit offensive or obscene materials on the App and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to improperly gain access to Personal Information about you. By using the App, you assume the risk of such occurrences. We request that you do not send, and we will not be liable for your sending sensitive or confidential information electronically. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a user name and/or password or other identifiers to access certain sections of the App, you are responsible for keeping this user name and/or password or other identifier confidential. We ask you not to share your identifiers with anyone.

Children Under the Age of 13

The App is not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under 13. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].

Changes to Our Privacy Statement

We may update our privacy statement from time to time. If we make material changes to how we treat our users’ Personal Information, we will post the new privacy statement on this page. The date the privacy statement was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy statement to check for any changes.

Contact Information

To ask questions or comment about this privacy statement and our privacy practices, contact us at: [email protected].

Last modified: January 1, 2019

Mobile App Terms of Use

[Carr Properties] (“Company”) provides The Carr Experience App, which is a mobile application provided for the convenience of tenants of the buildings are owned and operated by Company or its affiliates. The The Carr Experience App, including all content presented therein and any documentation, shall be hereinafter referred to as the App.

This Mobile App End User License Agreement (“Agreement“) is a binding agreement between you and Company, governing your use of the App. The App is licensed, not sold, to you.

BY [CLICKING THE “AGREE” BUTTON/[[DOWNLOADING/INSTALLING/USING] THE APP]], YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (C) YOU ARE A CURRENT TENANT OR EMPLOYED BY A CURRENT TENANT OF A BUILDING OWNED OR OPERATED BY COMPANY OR ITS AFFILIATES AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP.

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
   • download, install, and use the App on a single mobile device owned or otherwise controlled by you (“Mobile Device“) for your personal, non-commercial use in connection with your being a tenant or an employee of a tenant in a building owned or operated by Company or its affiliates, strictly in accordance with the App’s documentation; and
   • access, download, and use on such Mobile Device the content and services made available in or otherwise accessible through the App.
2. License Restrictions. You shall not:
   • copy the App;
   • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
   • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
   • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
   • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
   • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. As used in this Agreement, “including” shall mean “including but not limited to.”
4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, you may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. You represent and warrant that such information that you provide about yourself shall be correct, accurate and complete. You further acknowledge that all information we collect through or in connection with this App is subject to our Privacy Statement. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.
5. Access to and Communications via the App.
   • If you choose, or are provided with, a user name, password or any other identifiers in connection with the App, you must treat such credentials as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password or other identifier. You agree to notify us immediately of any unauthorized access to or use of your credentials or copy of the App or any breach of security.
   • We have the right to suspend or terminate your access to the App, including by disabling any user name, password or other identifier, whether chosen by you or provided by us, with or without notice, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
   • The App may permit you to submit requests, feedback, or other communications or content (“User Content”). All User Content is the sole responsibility of the person whose identifiers were used to originate such User Content. You warrant and represent that all User Content provided by you (i) is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations, and (ii) shall not be offensive or obscene. By submitting User Content, you hereby do and shall grant us a worldwide, nonexclusive, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform or otherwise fully exploit the User Content.
6. Updates. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet:
   • the App may automatically download and install all available Updates; or
   • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

7. Third-Party Content and Third-Party Products and Services.
   • The App may display, include, or make available third-party content (including data, information, apps, and/or materials), including through links to third party websites (“Third-Party Content“). Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
   • Without limiting the foregoing, the App may also display, include or make available offers to purchase or otherwise obtain products or services from third party merchants or vendors (“Third Party Products”), including by providing discount codes to use for a particular merchant or vendor or via links to third party websites offering products or services. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Products. Third-Party Products and links thereto are provided solely as a convenience to you, and you access, obtain and use such products and services and links thereto entirely at your own risk and subject to such third parties’ terms and conditions. Inclusion of any offer for or reference to Third Party Products shall not be deemed an endorsement thereof.
8. Term and Termination.
   • The term of Agreement commences when you download the App and will continue in effect until (i) terminated by you or Company as set forth in this Section 8 or (ii) you cease to be a tenant or employed by a tenant of a building owned or operated by Company.
   • You may terminate this Agreement by deleting the App from your Mobile Device.
   • Company may terminate this Agreement at any time with or without notice, including if it ceases to support the App which Company may do in its sole discretion at any time, with or without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
   • Upon termination:
     • all rights granted to you under this Agreement will also terminate; and
     • you must cease all use of the App and delete all copies of the App.
   • Termination will not limit any of Company’s rights or remedies at law or in equity. For the avoidance of doubt, Sections 9, 10, and 11 shall survive termination of this Agreement.
9. Disclaimer of Warranties.
   • THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP OR RELATING TO ANY THIRD PARTY CONTENT OR THIRD PARTY PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
   • YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY CONTENT AND THIRD-PARTY PRODUCTS, INCLUDING THEIR ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT THEREOF. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY THIRD-PARTY CONTENT OR THIRD PARTY PRODUCTS AND SERVICES WILL BE FROM THE THIRD PARTY MERCHANT OR VENDOR PROVIDING THEM AND YOU HEREBY AGREE AND WAIVE ALL RIGHT TO BRING ANY ACTION AGAINST OR OTHERWISE SEEK ANY REMEDY FROM THE COMPANY RELATED THERETO.
   • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR RELATING TO ANY THIRD-PARTY CONTENT OR THIRD PARTY PRODUCTS FOR:
    • PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    • DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

11. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App, Third Party Content or Third Party Products or your breach of this Agreement, including User Content you submit or make available or any transaction you may enter through this App.
12. Export Regulation. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
13. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
14. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of Washington, District of Columbia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in United States District Court for the District of Columbia or the courts of Washington, District of Columbia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Entire Agreement. You acknowledge and agree that Company may revise and update this Agreement from time to time upon notice to you. Your continued use of the App following notice to you means that you accept and agree to the changes. This Agreement and our Privacy Statement constitute the entire agreement between you and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
16. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.