- Description of Services
Candor (“Candor”, “us” or “App”) is a mobile app that allows people to track, maintain and improve their digestive and manage related chronic health conditions such as IBS.
Candor is does not recommend or endorse any particular Provider or treatment, and is not a medical referral resource. No information on Candor should be construed as medical and/or health advice. Candor is not a “covered entity” for purposes of determining applicability of the Health Insurance Portability and Accountability Act of 1996 and the rules promulgated there under (HIPAA) to the App and the treatment of User Content (defined below) provided by you.
- Acceptance of Terms
You have our guarantee that we will NEVER betray your personal health confidences. We believe in transparency, we let our members know exactly what we do or do not do with their information.
- Conditions of Use
- User Content
Posting User Content on Candor. We encourage you to share your experiences and information on the App, your story, questions, posts and user profile information such as photos and personal experiences (collectively, “User Content”). By posting or submitting User Content to the App, you warrant that you (i) are the sole author and creator of that content, (ii) have all necessary rights to provide such User Content to the App and to transfer ownership of such User Content to Candor while it is available on this App. Content available on Candor may not be (re)distributed by any means without the express written approval of Candela Labs, LLC.
You hereby waive any claim that Candor is somehow acting in an unfair or discriminatory manner by refusing to display (or by removing) any User Content.
You agree that you will not post or submit any User Content that Candor determines, in its discretion, contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech);
- References to illegal activity, professional malpractice or health code violations;
- Content which contains material or links to material that infringes upon a third party’s intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy;
- Content that intends to sell a product, website, mobile app, fundraiser or seminar;
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- Personal information or messages including email addresses, URLs, phone numbers, photos and postal addresses of others (or both first and last name of individuals other than yourself unless their name is also part of the business name) that are not already publicly available;
- Messages or URLs that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
- Language, photos, video or other media that violates the standards of good taste or the standards of the App;
- Content that is deemed to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
- Language intended to impersonate other users (including last names of other individuals) or offensive or inappropriate user names or signatures; or
- Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
- Any content selling or distributing pharmaceutical products on Candor.
You further agree to accept full liability and responsibility for all User Content submitted by you or on your behalf to the App or Services Sites.
- Ownership of User Content
By submitting any User Content to the App or Services Sites, you transfer ownership of such User Content to Candela Labs, LLC while it is available on this App. Candela Labs, LLC is under no obligation to give credit or pay any consideration to you for any User Content you post on or to the App, or any use by Candor of such User Content.
Content that has been shared on Candor may not be reproduced, (re)distributed or shared outside the App without the written permission of Candela Labs, LLC.
- No Endorsement of Content or Businesses
You understand that by using the App or Services Sites, you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The App and Services Sites may also contain hyperlinks to third party websites or mobile apps. We have no control over, and make no representation or endorsement regarding the quality, certification, accuracy, timeliness, reliability, appropriateness or condition of any content posted on the App or third party apps. In addition, none of the content on the App shall be considered the view or opinion of Candor, its parent, subsidiary or affiliated companies, or its employees, officers, directors, or shareholders. You understand and agree that under no circumstances will Candela Labs, LLC be liable for any loss or damage of any kind as a result of your use of the App or your reliance upon any content posted on or otherwise made available through the App and Services Sites. We also have no obligation to review the App and Services Site’s content or to pre-screen any of the users.
The App and Services Sites do not provide medical advice and the content available on the App and Services Sites is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The content is statements of opinion only and not statements of fact or recommendations and do not constitute medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the App or Services Sites. If you think you may have a medical emergency, call your doctor immediately. Candor does not recommend nor endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the App. You are solely responsible for determining whether the information provided is suitable for their purposes, and reliance on the information is at your sole risk. You should obtain additional information as may be necessary for you to make an informed decision.
- Offline Conduct
- Security and Unauthorized Use of App
We utilize secure servers to protect your Registration Information. You will be responsible for all activities that occur under your Registration Information. You agree to immediately notify us in writing of any unauthorized use of your account with us.
You may not use any device, software or routine to interfere with the proper working of the App. You may not intercept or expropriate any system data or information, or copy, reproduce, alter, modify, create derivative works, or publicly display any content from the App without the express written permission of Candela Labs, LLC. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the App including without limitation to unsolicited email (i.e. “Spam”). You shall not use any method, including without limitation the use of robots, spiders, other automatic devices or manual processes, to monitor or copy our web pages or the content contained on the App without the prior expressed written permission of Candela Labs, LLC.
We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, devices, computer programs and platform in order to access our App. You should use your own virus protection software.
You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our App, the server on which our App is stored or any server, computer or database connected to our App.
You must not attack our or App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
- System Outages
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We are not responsible whatsoever for the resulting unavailability of the App or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the App.
Candor is provided “as is” and without any warranty or condition, express, implied or statutory. Candela Labs, LLC specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. You assume full responsibility and risk for use of the App and hyperlinked web Apps. We make no warranty that the App will meet your requirements or that the services provided on the App will be uninterrupted, timely, secure or error free. We also make no warranties as to the results that may be obtained from the use of the App or as to the accuracy or reliability of any information obtained through the App or that any defects will be corrected. No advice or information, whether oral or written, obtained by you from Candor shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law. In addition, Candela Labs, LLC disclaims any and all liability for the acts, omissions, and conduct of any third party users, Providers, Candor users, advertisers, and/or sponsors on the App, in connection with the App or otherwise related to your use of the App. Candela Labs, LLC is not responsible for the products, services, actions, or failure to act of any Provider or third party in connection with or referenced on the App.
- Limitations of Liability
- Violations of Terms and Liquidated Damages
- Governing Law and Choice of Forum