User Terms of Service

The terms and conditions set forth below (“the terms") govern your use of this site on the “world wide web”. These terms are a legal contract between you and Carson eCommerce Inc. (“we” or “us”) operating under the Carson eCommerce brand and website forth mentioned as “HeyCarson” and govern your access to, and use of the HeyCarson website located at the URL “http://heycarson.com” as well as all associated sites linked to “http://heycarson.com” by HeyCarson, its subsidiaries and affiliated companies, together with the services available through this site (“the site”).

If you do not agree with any of these terms, do not access or otherwise use this site, any services available through this site or any information contained on this site. Your use of this site shall be deemed to be your agreement to abide by each of the terms set forth below. If you are using this site for your company’s use, you acknowledge that you are an authorized representative who has the authority to legally bind your company to these terms and to grant HeyCarson the necessary permission to make modifications to your company’s website.

HeyCarson may make changes to the content and services offered on this site at any time, as well as change, modify or add or remove provisions of these terms at any time by posting updated terms of use on this site. If any change, modification, additional provision or removal of a provision is unacceptable to you, you shall cease using this site. If you instead continue to use this site, you will be conclusively deemed to have accepted the change.

Note: this agreement contains a dispute resolution and arbitration provision, including class action waiver, which affects your rights under this agreement and with respect to disputes you may have with HeyCarson. You may opt out of the binding individual arbitration and class action waiver as provided below.

1. HOW OUR SERVICES WORK

HeyCarson offers web development services to Shopify store owners around the world, herein referred to as “Users”. We work solely on small tasks. A small task (“Tweak”) is any technical or graphic adjustment which takes a member of our team 1 hour or less to complete. We reject any task scoped above 1 hour.

Users submit a small task request – herein referred to as a “Project” – to hello@heycarson.com for pre-assessment, along with clear description of what they need changed or fixed. Our specialists evaluate the task and pre-approve or reject it depending on whether the task falls within HeyCarson small task offer limitations. Pre-approved 1 hour or less small tasks can be done under a “Single Tweak” offer or under one of “Subscription Plans” with respect to turnaround times and any additional provisions specified on corresponding pricing pages and Terms of Service paragraphs below.

When a purchase for one of the offers has been confirmed and payment has been received, Users receive an automated welcome email with detailed instructions on how to proceed with submitting the task to HeyCarson’s team of Developers who work directly with Users to implement changes and fixes. Users must supply HeyCarson Developers with the appropriate login credentials for their website and permit Developers temporary access in order to complete a task.

Developers are not permitted to use the Users’ log-in credentials for any purposes other than to complete “Single Tweaks” and tasks submitted under a “Subscription”. Users must have the authority to authorize HeyCarson and/or Developers to access their website in order to perform the requested services. Developers may ask for any additional details required to complete the task. Once the task has been done, Users shall check and confirm its completion. HeyCarson reserves the right to reject a Project at any time.

2. PROJECT EVALUATION

Once a User submits a task request (“Project”) to hello@heycarson.com, HeyCarson will provide that User with a quote, estimating the cost of completing that Project, based on the number of small tasks “Tweaks” involved; Users who have accepted the quote and purchased a Single Task or one of the Subscription Plans have their tasks assigned to one of HeyCarson’s Developers on first-come, first-served basis.

By submitting a task and accepting an estimate you agree to pay all fees or charges, including any taxes, to your account for that task. Please note that, while we attempt to provide accurate quotes at the outset of a Project (based on the number of Tweaks a Project may involve), additional information or requests regarding the scope of the Project may necessitate adding additional Tweaks to a Project, which may increase the estimated price.

HeyCarson will inform Users of any increases to the Project quote; if you decline to pay for the increased cost, HeyCarson, in its sole discretion, may (i) complete (or instruct the Developer to complete) only the Project and Tweaks from the original quote; (ii) cancel the Project and refund your purchase, and, in its sole discretion, roll back (or instruct the Developer to roll back) any work already completed on the Project, restoring your website to its prior state (i.e., the state of the website prior to the initiation of the Project).

If you no longer renew your subscription payment or if HeyCarson cannot charge your credit card, PayPal or other payment method for any reason, HeyCarson reserves the right to either suspend or terminate your access to the Site and account, reject your Project, and terminate these Terms. You are expressly agreeing that HeyCarson is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the duration of these Terms.

If you have a balance due on any account, you agree that HeyCarson may charge any unpaid fees to your credit card or otherwise bill you for such unpaid fees. Please note, that for Single Task purchases, your credit remains valid for a period of 60 days starting the day of your purchase. Past this timeframe, your purchase becomes non-refundable.

3. TURNAROUND TIME

HeyCarson does not guarantee Project turnaround time; any estimates provided concerning the completion of a Project are provided as a courtesy and are not binding. Turnaround time for Single Task offers is up to two business days (48 hours) excluding weekends, from the moment the Project has been submitted by the User and access to the online store has been granted to HeyCarson’s developers.

Turnaround time for Subscription Plans varies depending on subscription type and ranges from one to three business days (24-72) hours, excluding weekends. HeyCarson reserves the right to make any changes to its offers and turnaround time provisions on its sole discretion and with due notification on corresponding sections of the Site.

Turnaround time does not include the time needed to review the task.

4. ELIGIBILITY

By using the Site, you represent, acknowledge and agree that you are at least 18 years of age. Further, you represent, acknowledge and agree that: (i) all registration information that you submit is truthful and accurate; (ii) you will maintain the accuracy of such information and keep such information up-to-date; and (iii) your use of the services offered through this Site do not violate any applicable law or regulation.

HeyCarson may terminate these Terms and your use of the Site without notice if HeyCarson, in its sole discretion, believes that you are under the age of 18, have provided inaccurate or incomplete registration information, or are otherwise ineligible to use our Site and services.

5. GENERAL USE RESTRICTIONS

HeyCarson provides content and services through the Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Site Materials”) that are not Submissions (as defined below) are provided to you by HeyCarson and are the copyrighted and/or trademarked work of HeyCarson or HeyCarson’s contributors.

HeyCarson grants you a limited, personal, non-exclusive, non-transferable, and non-assignable license to use and to display and to copy the Site Materials and to use the services and this Site. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site Materials in any manner.

This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Site Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Site Materials.

6. USING THE SITE AND ITS SERVICES

You can simply view the Site, and not use any services on the Site or participate in any interactive programs on the Site. You need not register with HeyCarson to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site (such as the HeyCarson user account section) and to use certain services (such as place an order) and Site Materials, you must register with HeyCarson for an account and receive a password.

7. BETA RELEASES

Without limiting the generality of the foregoing in this Section, if you register for a “beta account” or other pre-release version of the Site and/or the services and Site Materials (“Beta Release”), you acknowledge and agree that the Beta Release may contain, in HeyCarson’ sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or services that may be offered through the Site.

You further acknowledge and agree that any “beta account” will automatically convert to a commercial release version account upon the launch date of the Site and its services to the public (“Public Launch Date”). If you do not desire to continue using the Site or its services after the Public Launch Date, you may contact HeyCarson to delete your account in accordance with the terms and conditions governing deletion of personal information set forth in HeyCarson’s Privacy Policy. While HeyCarson generally intends to distribute commercial release versions of the Site and the services and Site Materials, HeyCarson reserves the right not to release later commercial release versions of any Beta Release.

Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by HeyCarson to be suitable for commercial use, and that it may contain errors affecting its proper operation. By clicking to “accept these terms”, you acknowledge and agree that use of a beta release may exhibit sporadic disruptions that have the potential to disrupt your use of the site in general and any services that may be offered through the site. HeyCarson specifically disclaims all damages resulting from your use of any beta release.

8. REFUNDS AND CANCELLATIONS

The premise of our service is to offer ongoing technical Shopify support, which is above the basic support offered by Shopify and Shopify theme and app partners. Please read our refund and cancellation policy carefully. Delivery of service stops the day the subscription is cancelled.

We ask that upon signing up, you agree to a 3 month minimum term. If you do not think you will need the service for more than a month, it's best to consider other support options. The quality and value we are able to deliver is optimal when customers work with us for a minimum of 3 months.

Our 14-day risk-free guarantee is designed to make your decision to work with us a no-brainer. Here are the conditions of this guarantee:

  • The service is not what you expected after working with us
  • You are within the first 14 days of your plan
  • You have had no more than 2 jobs completed by our team

If you cancel your subscription after the first 14 days, or still within the first 14 days, but we've completed more than 2 tasks for you, where applicable, we would simply offer you a prorated refund based on how many tasks we've already completed (each completed task is rated at $65) + $100 admin fee.

9. SUBMISSIONS

As a User, you acknowledge that you are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, software and other content or material that you, either through yourself or a third party associated with your account, submit, upload, post or otherwise make available on or through your website (each considered a “Submission”), and that you, and not HeyCarson, have full responsibility for each such Submission, including its legality, reliability, appropriateness, and trademark and copyright ownership (and the burden of determining whether any material is protected by any such right or is otherwise illegal or inappropriate is on you).

You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission made available on or through your Site. You expressly acknowledge that you are fully responsible for any Submission that you make or cause to be made available on or through your Site, in connection with any Project.

10. UNAUTHORIZED ACTIVITIES

When using this Site and/or the services, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.
  • Take any action that may otherwise harm, disrupt or overburden the Site, or violate these Terms.

This list of prohibitions provides examples and is not complete or exclusive. HeyCarson reserves the right to terminate your access to your account, your ability to post to this Site or use the services), with or without cause and with or without notice, for any reason or no reason, or for any action that HeyCarson determines is inappropriate or disruptive to this Site or services available through the Site, or to any User or Developer. HeyCarson may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.

When legally required or at HeyCarson’s discretion, HeyCarson will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. Submissions and unauthorized use of any Site Materials contained on this Site may violate certain laws and regulations.

You agree to indemnify and hold HeyCarson and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) HeyCarson or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site and the services available through the Site by any person using your HeyCarson user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

11. PROPRIETARY RIGHTS

HeyCarson is a trademark of Carson eCommerce Inc. in Canada. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of HeyCarson™, Carson eCommerce Inc.

All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

12. NO AGENCY RELATIONSHIP

Nothing in these Terms creates a relationship of agent and principal, partners, joint-venturers or employer–employee between you and HeyCarson, or between any Developer or User, and no act or obligation of either party will in any way bind the other.

13. DISCLAIMER OF WARRANTIES

Your use of this Site and/or the services is at your own risk. Neither the Site Materials nor Submissions, nor any Project information, have been verified or authenticated in whole or in part by HeyCarson, and they may include inaccuracies or typographical or other errors. HeyCarson does not warrant the accuracy or timeliness of the Site Materials or Submissions. HeyCarson has no liability for any errors or omissions in the Site Materials and/or Submissions, whether provided by HeyCarson or our licensors.

HeyCarson, for itself and its subsidiaries, affiliates, licensors, agents, representatives, third-party services providers, and any of the foregoing entities' respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors and assignees (each a “ HeyCarson party” and collectively, the “HeyCarson parties”), makes no express, implied or statutory representations, warranties, or guarantees in connection with this site, the services, any site materials or submissions, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this site, including without limitation the site materials or submissions of other users of this site.

Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this site, the services, site materials submissions, and any information or material contained or presented on this site is provided to you on an “as is”, “as available” and “where is” basis with no warranty or implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Heycarson does not provide any warranties against viruses, spyware or malware that may be installed on your computer.

The sole remedy for users who are not satisfied with the outcome of a project is to obtain a refund for that project, subject to the conditions listed within the refund section above.

14. LIMITATION OF LIABILITY

No HeyCarson party shall be liable to you for any damages resulting from your displaying, copying, or downloading any site materials or submissions to or from this site. In no event shall HeyCarson be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if HeyCarson knows there is a possibility of such damage.

If, notwithstanding the foregoing, a HeyCarson party is found to be liable to you or any other person for any damage or loss arising out of or relating to these terms or your use of the site, or any content or services therein, the HeyCarson parties’ total cumulative liability shall in no event exceed the greater of: (i) the amount you paid HeyCarson for your use of the site, service and any content therein; or (ii) the sum of one hundred (100) us dollars.

Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages — in that respect, the above limitations or exclusions may not apply to you. In such event, HeyCarson’s liability for such damages with respect to the Site and Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.

15. INDEMNITY

You agree to indemnify, defend and hold harmless, HeyCarson, its affiliates and service providers, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site or Service from and against any and all claims or liability, including costs and attorneys’ fees, arising from or in connection with your violation of these Terms and your use of the Site or services or any Projects. HeyCarson reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with HeyCarson in asserting any available defenses.

16. LOCAL LAWS; EXPORT CONTROL

You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site or services. HeyCarson reserves the right to terminate your account and to prevent your use of the Site if your account is used to engage in illegal activity or to violate the Terms.

17. TERMINATION

If you violate these Terms, HeyCarson may terminate and/or suspend your access to the Site without notice. HeyCarson prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by HeyCarson, may result in immediate termination of your access to this Site and the services available through the Site.

HeyCarson may also in its sole discretion and at any time discontinue providing the Site, the Site Materials and the services available through the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site, the Site Materials and the services available through the Site, under any provision of the Terms, may be effected without prior notice to you, and acknowledge and agree that HeyCarson may bar any further access to the Site, the Site Materials and the services available through the Site.

Further, you agree that HeyCarson shall not be liable to you or any third-party for any termination of access to the Site, the Site Materials and the services available through the Site.

18. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please read this carefully, it affects your rights:

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at hello@heycarson.com. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and HeyCarson. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.

You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Provision carefully. It provides that all Disputes between you and HeyCarson shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).

Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, “HeyCarson” means HeyCarson and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and HeyCarson regarding any aspect of your relationship with HeyCarson, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).

“Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as HeyCarson’s licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.

We each agree that, except as provided below, any and all disputes, as defined above, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court in accordance with this provision.

18.1 PRE-ARBITRATION CLAIM RESOLUTION

For all Disputes, whether pursued in court or arbitration, you must first give HeyCarson an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Carson eCommerce Inc, 3 Place Ville Marie, Suite 400, Montreal, Quebec, Canada, H3B 2E3. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If HeyCarson does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

18.2 EXCLUSIONS FROM ARBITRATION/RIGHT TO OPT OUT

Notwithstanding the above, you or HeyCarson may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) you opt-out of these arbitration procedures within 30 days from the date that you first consent to this agreement (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Carson eCommerce Inc, 3 Place Ville Marie, Suite 400, Montreal, Quebec, Canada, H3B 2E3. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with HeyCarson through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with HeyCarson. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration (or small claims court as designated above).

18.3 ARBITRATION PROCEDURES

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or HeyCarson may initiate arbitration proceedings. The Canadian Arbitration Association (“CAA”), or ICDR Canada (https://www.icdr.org) will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

The CAA rules are available at https://canadianarbitrationassociation.ca or by calling 1-800-856-5154. The ICDR Canada rules are available at https://www.icdr.org/ or by calling 1-801-569-4618. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the CAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Payment of Arbitration Fees and Costs – HeyCarson will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with HeyCarson as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

18.4 CLASS ACTION WAIVER

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and HeyCarson specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

18.5 JURY WAIVER

You understand and agree that by entering into this Agreement you and HeyCarson are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and HeyCarson might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

18.6 SEVERABILITY

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

18.7 CONTINUATION

This Provision shall survive the termination of your service with HeyCarson or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if HeyCarson makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require HeyCarson to adhere to the language in this Provision if a dispute between us arises.

19. LIMITED TIME TO BRING CLAIM

Where permitted by law, you and HeyCarson agree that any cause of action arising out of or related to the Site, and the services available through the Site, or any Site Materials must be commenced within six (6) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

20. WEBSITE SECURITY

As noted in the Terms of Service above, Users must supply us with the appropriate login credentials for their website and permit Developers temporary access in order to complete their Project(s).

Developers are prohibited from sharing these log-in credentials and from using your log-in credentials for any purpose other than completing your Project. We will not share your log-in credentials with anyone, after your Project is fully completed. However, you should update your log-in credential after your Project is complete.

At all times, you are responsible for having adequate security in place on your website. You agree to immediately notify HeyCarson of any unauthorized use, or suspected unauthorized use of your HeyCarson account or any other breach of security. We are not liable to any User for any loss or damage arising from User's failure to comply with the above requirements, including your failure to have in place adequate website security, or for any other User website vulnerabilities.

21. BACKUPS

HeyCarson creates backup copies of the files and assets it modifies during completion of each project and will not delete these backup copies while the project is ongoing nor past its completion, in the interest of providing the option to restore the website and said files/assets to their initial form, should this become necessary at a later point. HeyCarson cannot and will not liable for any loss of data to any User who fails to comply with this provision, or deletes the aforementioned backup copies created by HeyCarson.

22. PASSWORD RESTRICTED AREAS OF THIS SITE

Users that desire to register for an account with HeyCarson must submit an email address and choose a password. Users may also provide additional optional information, such as a website URL and a brief on what work they want performed on their site; this information is not required to register for an account but may be helpful to HeyCarson in providing you with a more customized experience when using the Site or its services. Once a User has submitted his or her account registration information, a HeyCarson administrator shall have the right to approve or reject the requested registration, in the HeyCarson administrator’s sole discretion.

You are responsible for maintaining the confidentiality of your HeyCarson Password and you are responsible for all activities that occur using your Password. You agree not to share your Password, let anyone else access your Password or do anything else that might jeopardize the security of your Password. You agree to notify HeyCarson if your Password is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your Password on this Site or if you know of any other breach of security in relation to this Site.

By using this Site, you represent and warrant that all the information that you provide when registering for an account and otherwise through the Site is accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes to your account profile.

23. ELECTRONIC COMMUNICATIONS

By using the Site and/or the services provided on or through the Site, you consent to receiving electronic communications from HeyCarson. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or services provided on or through the Site. These electronic communications are part of your relationship with HeyCarson. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

24. LINKS TO THIRD PARTY SITES

This Site may be linked to other web sites that are not HeyCarson sites (collectively, “Third Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third Party Sites, and, if applicable, allow you to configure your privacy settings in your Third Party Site account to permit your activities on this Site to be shared with your contacts in your Third Party Site account and, in certain situations, you may be transferred to a Third Party Site through a link but it may appear that you are still on this Site.

In continuing to use our service, you acknowledge and agree that the Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than HeyCarson, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Web Site privacy policy and terms and conditions and/or user guides.

You hereby agree to comply with any and all terms and conditions, users, guides and privacy policies of any of Third Party Sites. HeyCarson is providing links to the Third Party Sites to you as a convenience, and HeyCarson does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites.

You agree that HeyCarson will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or content available on or through any third party web sites and/or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the content or business practices of any third party.

25. PROJECT DETAILS

Unless otherwise explicitly stated herein, you agree that any Project submitted by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Unless you mark a Project as private, the Project will be treated as public and certain details about that Project, including but not limited to a description of the work, the cost of the work and the URL for your website and your company name, may be published on the Site, which means that it would be viewable by visitors to the Site and searchable in search engines.

26. FEEDBACK

If you send or transmit any communications, comments, questions, suggestions, or related materials to HeyCarson, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any services offered through the Site or Site Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary, you hereby assign all right, title, and interest in, and HeyCarson is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.

You understand and agree that HeyCarson is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

27. GENERAL

These Terms of Service are governed by the law of Canada. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. HeyCarson’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and HeyCarson and supersede all prior or contemporaneous negotiations, discussions or agreements between you and HeyCarson about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

28. CONTACTING US

If you have any questions about these Terms or otherwise need to contact HeyCarson for any reason, you can reach us at hello@heycarson.com.

This document was last updated on March 1st, 2017.