Terms & Conditions

Purpose of Terms & Conditions

This is a binding agreement. By accessing the Internet site located at www.CandorCollections.com (the “Site”) or any services, applications, and software provided through the Site (the “Service”), you understand and agree to the Terms of Use. Candor Collections Inc., a California incorporated company, (the “Company) may modify or update the Terms of Use throughout time in its sole and absolute discretion. Any continued usage or access of the Service after such changes are made constitutes as your agreement to the revised Terms of Use. Therefore, you are responsible in reviewing the Terms of Use and if at any time do you disagree to the Terms of Use, you must exit the Site and cease all use or access of the Service. Additionally, by using the Service, you agree that you are at least 21 years old and that you are legally able to enter into the agreement for the Terms of Use.

California Use Only

The Site is controlled and managed by the Company from its offices in the State of California. The Company makes no indication or representation that any of the materials from the Service to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site does not imply nor constitute that the Company is intentionally taking advantage of the benefits or privileges that are included with performing business in any state or jurisdiction other than California.

Privacy Policy

The Company respects your right to privacy and confidentiality. Therefore, the Company permits you to control the treatment and processing of your personal information. You can find and access the complete statement of the Company’s current Privacy Policy by clicking on “Privacy Policy”. Through this reference, the Privacy Policy is expressly incorporated into the agreement of the Terms of Use.

Account Information

In the case that you are required to create an account for the use or access of the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a username, password, and an email address to associate the account with. It is entirely your responsibility to maintain the confidentiality of your account information. At no point are you permitted to use either the account of someone else or its credentials. You understand and agree to immediately notify the Company if any unauthorized use of your account or its credentials occurs. Additionally, the Company shall not be liable for any losses that you incur as a result of such circumstances, either with or without your knowledge. You may be liable for any losses that are incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives as a result of any unauthorized use of your account or its credentials by someone else other than yourself. Furthermore, by providing the Company with your email address, you consent to our use of the email address to send you Service-related notices, including notices required by law, changes to Service features, marketing messages, and special offers. You may opt out by unsubscribing or sending us an email.

User Content

You grant the Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting the Company, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content in its sole and absolute discretion. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. The Company has the right but not the obligation to monitor and edit or remove any activity or content in its sole and absolute discretion.

Compliance with Intellectual Property Laws

When accessing the Site or using the Service, you agree to obey by the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent.

Address: Candor Collections Inc.
Suite 1502
700 S Flower Street
Los Angeles, California 90017
Email: info@CandorCollections.com

Violations

The Company reserves the right to terminate your use of the Service and/or the Site in its sole and absolute discretion. To ensure that the Company provides a high-quality experience for you and for other users of the Site and the Service, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished by the Company with false or misleading information, or interfered with use of the Site or the Service by others.

No Warranties

The Company hereby disclaims all warranties. The Service and Site provided by the Company is available “as is” without warranties of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Service or Site. To the maximum extent permitted by law, the Company expressly disclaims any and all warranties, express or implied, regarding the Service or Site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the content within the Service or Site is accurate or reliable; that the Service will meet your requirements; or that the Service will be uninterrupted or error-free.

Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company be liable for any direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses), regardless of the foreseeability of those damages, arising out of or in connection with your use of or access to the Site or Service. This limitation of liability section shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Affiliated Sites

The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Unless expressly stated otherwise, you agree that your use of any and all third party content is subject to the Terms of Use.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, any other party’s access and use of the Service or Site with your account credentials, your violation of these Terms of Use, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand; provided, that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to indemnification hereunder.

Copyright

All contents of Site or Service are: Copyright © 2019
Candor Collections Inc.
Suite 1502
700 S Flower Street
Los Angeles, California 90017
All rights reserved.

Trademarks

All trademarks, service marks, and trade names of the Company used on the Site or Service are trademarks or registered trademarks of the Company.

Governing Law/Arbitration

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Site or Services shall be determined by arbitration in the County and City of Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of Los Angeles, California. You hereby accept the exclusive jurisdiction of such court for this purpose.

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the site signifies your explicit consent to this waiver.

Severability Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

Modifications

The Company may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time or from time to time. The Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Availability and Use Outside of the United States

The Service is controlled, offered and operated from facilities in the United States. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States. Nothwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Service and the content therein, throughout the world.

California User Notice

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in emailing to DCA@dca.ca.gov or by telephone at (800) 952-5210.

Acknowledgement

By using the service or accessing the site, you acknowledge that you have read these terms of use and agree to be bound by them.

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