OVERVIEW
This website is operated by Candid Care Co. (“Candid”). Throughout the site, the terms “we”, “us” and “our” refer to Candid. Candid offers this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms stated here. The name “Candid” and any logos, names or other identifying marks are the property of Candid or our affiliated orthodontists or vendors.
In addition to reading these Terms of Service, you should also read Candid’s Privacy Policy, which explains how we may collect and use your personal information. If you use this site, you agree to the terms of our Privacy Policy.
By visiting our site and/ or purchasing something from us or from third parties or our affiliates through the site, you engage in our “service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
GENERAL CONDITIONS
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or our site for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that we use Stripe for certain payment processing functions, and you agree to accept all of the requirements of the Stripe terms of service.
You must not transmit any worms or viruses or any code of a destructive nature.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Notwithstanding the foregoing, we will comply with the requirements of HIPAA as it pertains to the electronic transmission of electronic protected health information.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. You agree that the site and the services are for personal, non-commercial use only.
The headings used here are included for convenience only and will not limit or otherwise affect these Terms.
If you fail to comply with the Terms, we may terminate your access to the site and the services at any time, without notice, in addition to any other remedies that may be available to us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products and services (including those sold by third parties through the website, including affiliated orthodontists) are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof).
ELECTRONIC COMMUNICATIONS
You consent to communicating with us electronically. We will communicate with you by email, text or by posting messages on the site through a portal or other electronic means. You agree that electronic communications, including consents and authorizations that you may give, shall satisfy any legal requirements for a writing.
MESSAGING DISCLOSURES
For certain kinds of messages, we may ask you to opt-in by providing your phone number. In those instances we will send you a confirming message that you have subscribed. This will generally be for things like appointment reminders or reminders about changing your aligners. You will have the ability to cancel those reminders at any time by texting “STOP”. However, if you stop those messages it might make Candid a bit less useful since we won’t be able to easily send you those reminders.
If at any time you need some technical help, just text HELP in response to an SMS communication, and help will be on the way.
We are able to deliver messages through the following mobile phone carriers:
Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile
Minor Carriers: U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
As always, message and data rates may apply for any messages between us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have questions, text HELP in response to an SMS communication, or you can call us at 1-844-295-6915. Click here for our Privacy Policy and here for our Notice of Privacy Practices for HIPAA.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; COPYRIGHT
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, or otherwise objectionable or violates these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Candid respects intellectual property rights. We may terminate the access privileges of persons who infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the Candid website in a way that infringes your intellectual property rights, please contact Candid at the address below and provide the following information: (1) a description of the work that you claim has been infringed; (2) a description of the content on our website that you claim is infringing, including the URL or other location on the website where the claimed infringing material is located; (3) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest; (4) your address, telephone number and e-mail address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owners behalf.
Candid Care Co.
Attention: Copyright Agent
E-mail: legal@candidco.com
Upon receipt of a notice of claimed infringement that satisfies the above requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any content that is claimed to be infringing (subject to contrary proof being obtained) upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. You also agree that any information that you submit through the site that is communicated to our affiliated orthodontists will be accurate and complete.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Candid, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
INTERPRETATION
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
DISPUTE RESOLUTION/MANDATORY ARBITRATION
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND CANDID CO OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT CANDID AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. Each of the parties shall bear its own fees and costs of the arbitration, and shall share the expenses and fees of the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Candid will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. The entire arbitration, including the arbitrator’s decision, shall be confidential unless otherwise agreed by the parties.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.
USE IN THE UNITED STATES; GOVERNING LAW
This site is hosted in the United States and is intended only for users located in the United States. Note also that information submitted by you to us may be transmitted to and shared with third parties located in other countries, in order to provide services to you. These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New York State, United States.
REFER FRIENDS AND FAMILY PROGRAM
Candid’s friends and family program offers the chance to receive a $100 e-gift card for individuals you refer who purchase aligners from Candid (a “Friend Purchase, as further defined below). This program is limited to a maximum of five (5) such purchases in any year. (You may invite more than five (5) individuals to participate, but you will receive e-gift cards for a maximum of five (5) Friend Purchases.)
It works like this – you sign up for this program separately through a third party, “Friendbuy”. (Any information you provide to Friendbuy may not be protected by privacy laws, and could be used by Friendbuy for other purposes in accordance with their terms and conditions.) You will be provided a code or link that is unique to you that you can provide to individuals whom you know, who you believe would be interested in trying Candid (an “Invited Friend”).
The Invited Friend whom you invite will be offered a discount on Candid aligners (currently $100, but subject to change). If the Invited Friend goes through the full process to (i) obtain a treatment plan, (ii) purchase aligners, and (iii) receive aligners, that is a “Friend Purchase”. For each Friend Purchase referred by you through the program (up to a maximum of five (5) in any year) Candid will send you a $100 e-gift card. You should receive the e-gift card within approximately fifteen (15) days of the date that the Invited Friend receives their aligner shipment.
This program is limited to individuals only, not businesses. All individuals referring friends must be 18 years of age or older. Gift card recipients are responsible for the payment of any and all taxes in connection with the receipt of the card. You agree that you will only invite individuals whom you know personally, and that you will not distribute your code or link through mass distributions or “SPAM”. You agree to comply with all laws that limit the distribution of commercial or marketing messages.
This program may be changed or terminated by Candid at any time in its sole discretion. Any invitations not used by an Invited Friend at the time of termination shall be void. Your participation in the program may be terminated by Candid (or by Friendbuy) if you breach any terms and conditions of either Candid or Friendbuy, or if your participation in any way violates applicable law.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@candid.com. (You may also reach us at (844) 295-6915, or write to us at: Candid Customer Support, 41 Union Square West, 2nd Floor, New York, NY 10003.
Revision Date: August 28, 2019