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Terms of Service

LAST UPDATED: 02/29/2024

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the Cleared Candids Application (the “Application”) operated by Cleared Candids, LLC, a(n) Corporation formed in Delaware, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Application is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Application.

By accessing or using the Application, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Application.

Our offers and pricing

We offer digital products on this Application. The price of these digital products is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price includes all applicable taxes and other fees.

Purchases

When you make a purchase on the Application, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, check, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We do not offer you the ability to cancel any purchases that you have made of the digital products offered on our Application.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy

We offer refunds on purchases made of the digital products offered on our Application. To qualify for a refund, you must submit your request to us within 7 days of your purchase date by contacting us or via the Application. We offer refunds on any purchases made of the digital products offered on our Application for any reason.

NO WARRANTY ON PURCHASES

THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS APPLICATION ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS APPLICATION, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be reject the goods, services or digital products. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Subscriptions

This Application features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is Quarterly.

WE DO NOT OFFER THE OPTION TO REVOKE YOUR SUBSCRIPTION SHORTLY AFTER MAKING YOUR PURCHASE.

THERE IS NO MINIMUM PURCHASE REQUIRED TO QUALIFY FOR THE SUBSCRIPTION.

AUTOMATIC RENEWALS OF SUBSCRIPTIONS

WHEN YOU PURCHASE A SUBSCRIPTION ON THE APPLICATION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW QUARTERLY. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.

YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA YOUR ACCOUNT ON THE APPLICATION. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.

YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA THROUGH THE APPLICATION. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.

YOU MUST PROVIDE US WITH 3 DAYS NOTICE PRIOR TO YOUR AUTOMATIC RENEWAL DATE OF YOUR INTENT TO CANCEL THE AUTOMATIC RENEWALS FOR THE CANCELLATION TO BE EFFECTIVE.

Accounts

When you create an account on our Application, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Application or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through their account on the Application.

Prohibited uses

You agree that you will use this Application in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Application. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate Cleared Candids, LLC or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Application, or which, as determined in our sole discretion, may harm us or the users of this Application or expose us or other users to liability;
  5. Using the Application in any manner that could disable, overburden, damage or impair the Application or interfere with another party’s use of the Application;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Application for any purpose, including monitoring or copying any of the material on this Application;
  7. Using any manual process or means to monitor or copy any of the material on this Application or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Application, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Application, the server(s) on which the Application is stored, or any server, computer or database connected to the Application;
  10. Attempting to attack or attacking the Application via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Application;
  12. Using the Application in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON APPLICATION

THIS APPLICATION IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS APPLICATION, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Application. We may experience delays in updating information on this Application and in our advertising on other websites. The information, products and services found on the Application may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Application. The inclusion or offering of any product or service on this Application does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL CLEARED CANDIDS, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS APPLICATION OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS APPLICATION, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS APPLICATION; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS APPLICATION, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF CLEARED CANDIDS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, CLEARED CANDIDS, LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF CLEARED CANDIDS, LLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO CLEARED CANDIDS, LLC IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS APPLICATION. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF CLEARED CANDIDS, LLC. THE AGGREGATE LIABILITY OF CLEARED CANDIDS, LLC ARISING OUT OF OR RELATING TO THIS APPLICATION, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY CLEARED CANDIDS, LLC FROM YOU.

Links to third party websites

This Application may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Application or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Application are ©2022 – 2023 Cleared Candids, LLC or third parties. All rights reserved. Unless specified otherwise, this Application and all content and other materials on this Application including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Cleared Candids, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Cleared Candids, LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Customer Assistance.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Application.

You may submit your claim to us by contacting us.

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of Massachusetts, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Application, and supersede and replace any prior agreements we might have had with you regarding the Application.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Berkshire County, Massachusetts.

YOU AND CLEARED CANDIDS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us

(917) 841-0912

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