Last updated June 13, 2022
These Terms and Conditions (“Terms”) govern your use of the products and services offered by Candor Inc. and our subsidiaries (“Candor,” “we,” “us,” “our”), including but not limited to use of our website at candor.co (the “Site”) (the “Services”). “You” may also be referred to as a "User." These Terms apply to all users of the Services.
If you are an advisory client of Candor Financial LLC, please note that the Investment Advisory Agreement supplement these terms. To the extent of any conflict, the Investment Advisory Agreement take precedence over these Terms.
Please read these Terms carefully before using the Services because they are legally binding. By using the Services in any way, including, without limitation, by visiting the Site or creating an account, you agree to these Terms, including the disclaimer of warranties (see section 7), limitation of liabilities (see section 8), and indemnification provisions (see section 9), and you waive your right to participate in a class action lawsuit (see section 10).
We may update these Terms from time to time by posting the updated version on the Site and updating the “Last updated” date at the top of the page containing the updated text. Certain portions or features of the Services may be subject to additional terms and conditions, as indicated in the relevant Services.
By accessing the Services, you acknowledge and agree that any materials, ideas, or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.
If you have questions about these Terms, please contact us using one of the methods in section 13 (“Contact us”).
To access certain portions of the Services, you must create account and complete a registration process. You represent and warrant that you will provide us with current, complete, and accurate information as requested by the applicable registration process. It is your responsibility to maintain the currency, completeness, and accuracy of your registration information, and any loss caused by your failure to do so is your responsibility. You represent that you will update your contact information if it changes so we can contact you.
You may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your username, password, and other account information. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, sell, or otherwise disseminate any username, password, or other information which provides you access to the Services. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
You can terminate your account and stop using the Service at any time by contacting us using one of the methods in section 13 (“Contact us”).
We reserve the right to suspend or delete your account at any time and without notice if we determine, in our sole discretion, that you have violated these Terms or engaged in unlawful or inappropriate activity through the account. See section 6 (“Access”) for more details.
You represent and warrant that:
We reserve the right to take appropriate action if, in our sole discretion, we determine that you have violated any of the above representations and warranties or otherwise violated these Terms. Such action may include suspending or terminating your account, reporting your conduct to law enforcement, or seeking legal redress.
Unless otherwise indicated, all content available on the Services that is provided by Candor or its licensors, including certain graphics, photographs, artwork, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Candor Content”) is the property of Candor and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You may not copy, download, share (except as set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from Candor Content, nor allow any third party to do so through your account. Where explicitly stated on the Services, you may download, copy and/or share some Candor Content, solely for personal and non-commercial purposes and only if all copyright or other attributions are correctly implemented.
You agree not to download, display, or use any Candor Content located on the Services in connection with products or services that are not those of Candor or in any other manner likely to cause confusion among consumers, disparage or discredit Candor and/or its licensors, dilute the strength of Candor’s or its licensors’ property, or otherwise infringe Candor’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Candor Content, User Content (as defined below), or third-party content that appears on the Site.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us to report this using one of the contact methods in section 13 (“Contact us”).
Users may be able to upload, share, post, or otherwise provide content, such as information uploaded to Candor’s compensation comparison tool, to or on the Services (“User Content”). By displaying, sharing, posting, publishing, or otherwise providing any User Content to or on the Services, you grant Candor a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual, sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such User Content for any purpose and in any media or manner.
You represent and warrant that you own the User Content submitted, displayed, published, or posted by you on the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing, or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any person or entity.
To the extent permitted by applicable law, you waive any moral rights in connection with User Content you provide to the Services.
You are solely liable for any User Content you upload, post, share, or otherwise provide to the Services.
We do not control, are not responsible to review, and do not necessarily regularly review any User Content. Notwithstanding the foregoing, we reserve the right to review any User Content at any time in our sole discretion, for any reason or no reason, and to delete or edit any User Content with or without notice. We are not responsible or liable for damages of any kind arising from any User Content, even when we are advised of the possibility of such damages, or for our alteration or deletion of any User Content.
Candor does not independently verify User Content or endorse any such User Content, and we make no representations or warranties regarding the User Content. We do not represent or guarantee the truthfulness, accuracy, or reliability of any User Content or determine whether User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Services may link to websites or content not operated by or related to Candor. Such links are provided as a service to Users and are not sponsored by or affiliated with the Services, and we make no representations or warranties about the content, completeness, or accuracy of such third-party websites. Candor has no control over such third-party websites, and we have not reviewed the material, including goods and services, made available through any third-party websites.
You consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You also consent to the fact that any transaction or agreement undertaken on or through the Services, including your agreement to these Terms, is an electronic transaction or agreement.
We may, in our sole discretion, and at any time and for any reason, suspend discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services are discontinued or your ability to access the Services or any content you may have posted on the Services or received from the Services is terminated.
You understand and agree that you have no ownership rights in any account you may have with us or other access to the Services or features therein. We may cancel your account and delete all User Content associated with your account at any time, and without notice, if we deem that you have violated these Terms, the law, or for any other reason. We assume no liability for any information removed from the Services and reserve the right to permanently restrict access to the Services or an account.
The Services are provided strictly on an “as is” and “as available” basis. To the maximum extent permitted by law, Candor expressly disclaims all warranties, express and implied, including but not limited to those of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, we make no representations or warranties about the reliability, accuracy, correctness, completeness, timeliness, or suitability of the features of the Services, Candor Content, User Content, or any other content, information, or features on the Services. Except for the financial services offered by Candor Financial LLC, Candor Content and information on the Services is for informational purposes only and is not intended to serve as the basis for investment or other financial decisions. You rely on such information at your own risk.
We disclaim all liability in the event of a service failure. We also make no representations or warranties that any content, including User Content, will be preserved; that the Services will be uninterrupted, secure, or available at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You acknowledge and understand that you use the Services at your own risk.
To the maximum extent permitted by applicable law, in no event are Candor or its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers or employees (collectively, “affiliates and agents”) liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages (collectively, “damages”), including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Services, including, without limitation, errors, mistakes, omissions, inaccuracies, personal injury, property damage, defects, delays, delays in operation or transmission, viruses and other malicious code or programs, or any failure of performance whether or not caused by events beyond Candor’s reasonable control, including but not limited to acts of God, communications line failures, theft, destruction, or unauthorized access to the Services.
To the fullest extent allowable by applicable law, Candor and its affiliates and agents shall not be liable for any damages of any kind, regardless of the legal basis for such damages and even if Candor has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitations may not apply to you.
To the fullest extent allowable by applicable law, the maximum total liability of Candor and its affiliates and agents to you for all claims under these terms, whether in contract, rotr, or otherwise, is an amount equal to the amount paid by you for the Services during (1) the 12 months preceding the event giving rise to the claim or (2) the duration of your use of the Services, whichever is shorter.
You agree to defend, indemnify and hold Candor and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims, damages, and expenses, including, but not limited to, legal fees and expenses, related to or arising from your acts or omissions, including use of the Services , Candor Content, or violation of these Terms; any acts or omissions, including use of the Services, Candor Content, or violations of the Terms by your dependents; or the use of User Content you submitted, posted, or otherwise provided to the Services.
These Terms, and any claims, suits, proceedings, and other actions of any kind arising out of, relating to, or concerning these Terms and the discussions contemplated hereby (“Claims”), are governed by the laws of the State of California, without references to its conflict of laws principles, except to the extent governed by the United States Trademark Act of 1946 or other superseding federal law. For all Claims, each party hereto irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the federal and state courts located in San Francisco County, California (and each party agrees not to commence any Claim relating thereto except in such courts). Each party hereto hereby irrevocably and unconditionally waives any objection to the laying of the venue of any Claim, in the federal and state courts located in San Francisco County, California and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such Claim brought in any such court has been brought in an inconvenient forum.
To the extent permitted by applicable law, any Claim must be brought within two (2) years of the date such Claim first accrued. All Claims must be brought in each party’s individual capacity, and not as a plaintiff or class member in any purported class action or similar, collective action, private Attorney General action, or other representative proceeding. You and Candor are each waiving the right to a trial by jury or to participate in a class action, collective action, private Attorney general action, or other representative proceeding of any kind to the extent permitted by applicable law.
You acknowledge that irreparable injury may result to Candor and its business upon the unauthorized use of its trademarks and/or unauthorized disclosure of Candor’s confidential and/or proprietary information and that money damages may not be a sufficient remedy for any such harm. You therefore agree that upon any act or threatened act of trademark infringement or unauthorized disclosure of information which Candor believes is confidential and/or proprietary, Candor shall be entitled, in addition to such other remedies now or hereafter available at law, in equity, by statute or otherwise, to seek damages and relief as may be available under applicable law, including obtaining a temporary restraining order and/or a permanent injunction prohibiting you from engaging in any such act or specifically enforcing these Terms, as the case may be, without proof of damages or posting a bond.
If you have questions about these Terms, or to contact us as provided in these Terms, you can email us at firstname.lastname@example.org or write to us at:
2021 Fillmore St #9007
San Francisco, CA 94115