Welcome to the real estate platform services (the “Services”) provided by Carbon Collective CRM LLC (“we,” “us,” “our,” or “Company”), a Colorado limited liability company. Our Services are delivered through a white-label platform powered and hosted by Lofty Inc. (“Lofty”), based in Arizona.

By registering for an account, submitting a form, clicking a consent checkbox, or otherwise accessing or using our Services, you (“User” or “you”) agree to be legally bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Services.

We reserve the right to update or modify these Terms at any time. For material changes, we will provide notice by posting an updated version on our website and/or sending notice via email or SMS to the contact information associated with your account. Your continued use of the Services after such notice constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

Our Privacy Policy, which is incorporated herein by reference and available at our website, describes how we collect, use, and share information about you when you use our Services. By using our Services, you also agree to the terms of our Privacy Policy.

The Services are provided “as is” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Real estate listing data, valuations, market information, and other content available through the Services are provided for informational purposes only and may contain inaccuracies or typographical errors. We make no guarantee as to the accuracy, completeness, or timeliness of any listing or market data.

Before acting on any information found through the Services, you should independently verify all facts material to your decision by contacting the appropriate listing agent or other qualified professional.

You represent and warrant that you are at least eighteen (18) years of age and that you have the legal right, authority, and capacity to enter into and abide by these Terms. If you are under 18, you may not use the Services under any circumstances. We reserve the right, in our sole discretion, to refuse Services to any person or entity and to change eligibility criteria at any time.

Non-U.S. Users

The Services are controlled and offered from facilities in the United States. We make no representation that the Services are appropriate or available in other jurisdictions. Those who access the Services from outside the United States do so at their own risk and are responsible for compliance with applicable local law.

To access certain Services, you must register for an account. You agree to provide accurate, current, and complete information and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account or any breach of security at [email protected].

7.1 SMS and Text Message Consent

By providing your mobile phone number and expressly checking a clearly labeled consent checkbox on any registration, contact, or lead capture form, you consent to receive recurring automated and manually dialed SMS/MMS text messages from Carbon Collective CRM LLC at the mobile number you provide. These messages may include:

• Real estate property alerts, listing updates, and market information
• Appointment reminders, showing confirmations, and transaction status updates
• Mortgage-related information and partner referrals (only if separately consented)
• Informational and marketing messages related to our real estate services

Providing your phone number alone does not constitute consent to receive marketing text messages. Consent must be expressly given via a clearly labeled opt-in mechanism.

You represent and warrant that the mobile number you provide is your own and that you are authorized to receive messages at that number.

7.2 Message Frequency and Rates

Message frequency will vary based on your activity, preferences, and the nature of your real estate transaction. You may receive up to approximately 4–10 messages per month depending on your interactions with the Services. Standard message and data rates may apply based on your mobile carrier plan. Carriers are not liable for delayed or undelivered messages.

7.3 Opt-Out Instructions

To stop receiving SMS messages at any time, reply STOP to any text message you receive from us. After texting STOP, you will receive one final confirmation message and will be unsubscribed from all further marketing SMS communications. No additional messages will be sent unless you re-opt in.

For help, reply HELP to any text message or contact us at [email protected] or 720-961-2695.

Opting out of marketing SMS messages will not affect your ability to receive transactional, account-related, or legally required messages.

7.4 A2P 10DLC Compliance and Data Sharing

Our SMS messaging program operates in compliance with CTIA guidelines, the Telephone Consumer Protection Act (TCPA), and A2P 10DLC carrier requirements. Consistent with A2P 10DLC regulations:

• No mobile phone numbers or SMS opt-in data will be shared with third parties or affiliates for marketing or promotional purposes.
• Mobile information collected for SMS communications will not be sold or transferred to any unaffiliated third party.
• Your information may be shared with our licensed mortgage partner only if you have separately and expressly indicated consent to receive mortgage-related communications upon registration or form submission.
• All other use and sharing of your personal information is governed by our Privacy Policy.

7.5 Telephone Calls

By expressly opting in, you also agree to receive informational and marketing telephone calls from us at the number you provide, which may be made using an automatic telephone dialing system or prerecorded or artificial voice. Consent to receive calls or texts is not a condition of purchasing any goods or services or qualifying for any real estate or mortgage product.

7.6 Email Communications

By registering for our Services, you agree to receive transactional and service-related emails necessary for account management. If you separately opt in, you may receive marketing emails from us. You may opt out of marketing emails at any time by clicking the unsubscribe link in any marketing email or by contacting us at [email protected]. Opting out of marketing emails will not affect transactional or legally required email communications.

Subject to these Terms, we grant you a non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services and the content provided therein solely for your personal, non-commercial real estate search and information purposes. Any reproduction, modification, distribution, or other use for any other purpose is expressly prohibited without prior written permission from us.

We do not guarantee that any content, listing, or data will be made available through the Services at any time. We reserve the right, without obligation, to remove, edit, or modify any content at any time, without notice and for any reason. Real estate listing data is provided through MLS feeds and is subject to change.

You should contact the appropriate listing agent or real estate professional to verify current listing status, pricing, and availability.

As a condition of use, you agree not to use the Services for any unlawful purpose or in violation of these Terms. Prohibited conduct includes, without limitation:

• Impersonating any person or entity or misrepresenting your affiliation with any person or entity
• Interfering with or disrupting the Services or servers or networks connected to the Services
• Attempting to gain unauthorized access to any portion of the Services or any other accounts, systems, or networks
• Using automated tools to scrape, crawl, harvest, or otherwise extract data from the Services without our express written permission
• Using the Services to solicit other users to use competing third-party services
• Running spam, auto-responders, or unsolicited bulk communications through or in connection with the Services
• Violating any applicable local, state, national, or international law or regulation
• Reverse engineering, decompiling, or otherwise attempting to derive source code from the Services

Our Additional Rights

We reserve the right to access, preserve, and disclose information as we reasonably believe is necessary to satisfy applicable law, enforce these Terms, detect or prevent fraud or security issues, respond to support requests, or protect the rights and safety of us, our users, and the public.

Carbon Collective CRM LLC fully supports the principles of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended, and all applicable state and local fair housing laws. We do not discriminate in the provision of Services on the basis of race, color, national origin, religion, sex, familial status, disability, or any other characteristic protected by applicable law.

All content submitted by you through the Services (“User Content”) is your sole responsibility. You represent that all User Content is accurate, complete, current, and compliant with all applicable laws. You may not submit User Content that is unlawful, threatening, defamatory, fraudulent, obscene, invasive of another's privacy, or otherwise inappropriate.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, and perform the User Content in connection with the Services and our business operations.

The Services and all content, features, and functionality thereof are owned by Carbon Collective CRM LLC, Lofty Inc., or their respective licensors and are protected by U.S. and international intellectual property laws. No right, title, or interest in or to the Services or any content is transferred to you under these Terms. All rights not expressly granted are reserved. The trademarks, logos, and service marks displayed in connection with the Services are the property of their respective owners.

The Services may contain links to third-party websites or services not owned or controlled by us. Such links are provided for convenience only and do not imply endorsement of those sites or their content. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party websites. We strongly advise you to review the terms and privacy policies of any third-party site you visit.

We may terminate or suspend your access to the Services at any time, with or without cause and with or without notice, effective immediately. You may terminate your account by contacting us at [email protected]. Upon termination, all licenses granted to you under these Terms will immediately terminate.

Sections that by their nature should survive termination — including intellectual property provisions, warranty disclaimers, indemnification, limitation of liability, dispute resolution, and arbitration — shall survive.

You agree to indemnify, defend, and hold harmless Carbon Collective CRM LLC and its affiliates, members, managers, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your breach of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) any User Content you submit; (e) your willful misconduct; or (f) any third party's access to the Services using your account credentials.

THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARBON COLLECTIVE CRM LLC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ACCURACY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARBON COLLECTIVE CRM LLC, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

19.1 Informal Resolution

Before initiating any formal dispute, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days of receiving your notice.

19.2 Binding Arbitration

If the dispute is not resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services — including claims arising under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, or any other federal or state communications or privacy law — shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Jefferson County, Colorado, or by telephone or video conference. The arbitrator's decision shall be final and binding.

19.3 Class Action Waiver

YOU AND CARBON COLLECTIVE CRM LLC EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER APPLIES TO ALL CLAIMS, INCLUDING TCPA CLAIMS.

19.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court. We may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of our intellectual property rights.

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. For any claims not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in Jefferson County, Colorado. You agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

Note: While the Services are delivered through a platform hosted by Lofty Inc. (an Arizona-based company), the governing law and jurisdiction for your agreement with Carbon Collective CRM LLC remains the State of Colorado and Jefferson County, Colorado.

21.1 Colorado Privacy Act (CPA)

Colorado residents have rights under the Colorado Privacy Act, including the right to access, correct, delete, and obtain a portable copy of their personal data, and the right to opt out of certain data processing activities. To exercise these rights, contact us at [email protected].

21.2 California Residents (CCPA/CPRA)

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to know what personal information is collected, the right to delete personal information, the right to opt-out of the sale or sharing of personal information, and the right to non-discrimination. To exercise these rights, contact us at [email protected].

21.3 GDPR Notice

The Services are primarily intended for users located in the United States. If you are located in the European Union or United Kingdom, please be aware that by using the Services and submitting personal data, you acknowledge and consent to the transfer of your personal information to the United States for processing in accordance with our Privacy Policy. We process EU/UK personal data in compliance with applicable data protection laws to the extent required.

We fully support the principles of the Fair Housing Act and the Equal Credit Opportunity Act. We are committed to ensuring equal access to housing information and financial services without discrimination. If you believe you have been subject to discriminatory treatment, please contact us at [email protected].

We reserve the right, without obligation, to intervene in or monitor disputes between users. Any efforts by us to intervene are discretionary and do not constitute a legal obligation or admission of responsibility. We have no authority to legally bind third parties or compel resolution of disputes.

Any feedback, suggestions, or ideas you submit regarding the Services (“Feedback”) shall become the exclusive property of Carbon Collective CRM LLC. By submitting Feedback, you assign to us all right, title, and interest in and to the Feedback and agree to execute any documents necessary to confirm such assignment.

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy (each incorporated by reference), and any state-mandated disclosure forms provided to you separately, constitute the entire agreement between you and Carbon Collective CRM LLC with respect to the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms.

Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, or failure of third-party service providers including telecommunications carriers.

The Services are delivered through a white-label real estate CRM platform operated by Carbon Collective CRM LLC and powered by Lofty Inc., headquartered in Arizona. While Lofty Inc. provides the underlying technology infrastructure, your contractual relationship for the Services is exclusively with Carbon Collective CRM LLC. Lofty Inc. is a third-party technology provider and not a party to these Terms.

If you have any questions, complaints, or claims with respect to the Services, please contact us:
Carbon Collective CRM LLC
Address: 11304 W Grand Pl, Littleton, CO 80127
Phone: 720-961-2695
Email: [email protected]
For SMS opt-out or communication preferences, reply STOP to any text message or email us at [email protected].

© 2026 Carbon Collective CRM LLC. All Rights Reserved.