Last updated: October 20, 2026
All services offered by Candid Research, Inc. (hereinafter referred to as “Candid”), its vendors, partners and affiliates, including but not limited to access to this website, obtaining, delivering, processing and managing consumer reports and related documents; requesting a consumer copy; and/or resolving disputes (“Services”) owned, operated, or licensed by Candid are governed by these Terms of Service (“Terms”). By accessing the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. By using this website, logging in to your Candid account, or by accessing the Services, you accept these Terms on behalf of yourself and any business or organization you represent. Any terms and conditions that may be contained in any acknowledgement, invoice, purchase order or other form you provide are specifically null and void. We reserve the right, in our sole discretion, to change and revise these Terms at any time by posting the changes on this website. Any changes will become effective upon notification to you (by email or by posting on this website). We may, with or without prior notice, terminate any of the rights granted by these Terms. We will provide you with any additional notices or choices with respect to such changes as required by applicable law. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THIS WEBSITE, STOP USING THE SERVICES AND SHOULD CONTACT US TO CANCEL YOUR ACCOUNT.
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS UNLESS YOU OPT OUT, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Eligibility to Use
You must be at least 18 years of age and of legal competence to use the Services. We reserve the right to deny, in our sole discretion, any access or use of the Services without notice for any or no reason. If you are under 18 years old, then you may not use the Services on our website.
Email Addresses
Once you provide your email address to us, you may receive email communications from us about your account, as well as occasional marketing emails. You may elect to opt out of receiving marketing emails at any time by following the instructions and link provided within the email.
Your Account
You represent and warrant that all information you provide to register an account with Candid in order to utilize the Services, including access to the platform offered by Candid to obtain consumer reports (“Account”) is accurate and true. You agree that, if any information changes, you will update your Account to maintain accurate information, and that you are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. You agree that you will not authorize any other person to use your Account, and that you will not transfer, sub-license, sell, or assign your rights in your Account to any other person. If there has been unauthorized use of your password or account, please notify us immediately. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password. If you are accessing and using the website and Services on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the website or Services resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
California Consumer Disclosure
Residents of California are entitled to the following consumer rights information under California Civil Code Section 1789.3: The Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254. The Services are provided by Candid Research, Inc. 4175 E. La Palma Ave. Suite 275, Anaheim, CA 92807.
Restrictions
You may not use any automated devices to download, store or otherwise reproduce or distribute any content or manipulate the Services; access, tamper with, or use non-public areas of the Services, Candid’s computer systems, or the technical delivery systems of Candid’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive, or false source-identifying information; or interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending virus, overloading, flooding, spamming, mail-bombing the Services, or using the Services in such a manner as to interfere with or create an undue burden on the Services.
Use of Services
By accessing or using the Services, you represent and warrant that:
- You shall use the Services only for appropriate legal purposes
- You will comply with all applicable federal and state law, including but not limited to the Fair Credit Reporting Act and federal, state, and local equal employment opportunity laws
- You will not use the Services to request a consumer report on any individual other than yourself without that person’s written authorization.
To the extent these Terms conflict with our Service Agreement, the Service Agreement governs. If you enter into an agreement with Candid providing different or additional terms regarding Candid’s Services and there is a conflict between a provision in these Terms and a provision in such agreement, the latter takes precedence with respect to the provision in conflict. Notice of Penalty under the Fair Credit Reporting Act (“FCRA”): THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.
Intellectual Property
All right, title, and interest in intellectual property in connection with the website and Services are and will remain the exclusive property of Candid and its subsidiaries, affiliates, partners and licensors, and are protected by United States and international laws, including laws governing copyrights and trademarks. These rights include, but are not limited to database rights, patents, copyrights, registered and unregistered trademarks, trade secrets, know-how, moral rights, and all similar rights that may exist now or later in any jurisdiction. Nothing in the Terms gives you the right to use the Candid name, logos, designs, domain names, graphics, icons, scripts, service marks, features, functions, text, button icons, images, software, data compilations and other distinctive brand features, in whole or in part, except as expressly authorized by Candid; and neither the Services nor any portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. We use third-party trademarks on Candid websites to identify the owners of these marks. Use of any third-party trademark is intended only to identify the trademark owner and its goods and services and is not intended to imply any association or sponsorship between the trademark owner and Candid.
DMCA Infringement Notices
We respect the intellectual property of others. If you believe your trademark is being used in violation of the law, please contact us at legal@candidresearch.com. In conformance with the Digital Millennium Copyright Act, if you believe that allegedly infringing content is available on a Candid website and you are authorized to act on behalf of the owner of an exclusive right in that content, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
- Your physical or electronic signature
- Your contact info, such as an email address, telephone number or mailing address
- Identification of the copyrighted work(s) that you claim has been infringed
- Description and location (such as a URL) of the allegedly infringing material
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf
If your notice substantially complies with the above requirements, we will act to remove the allegedly infringing content. Candid has a policy of terminating the accounts of repeat infringers, meaning users whose material is the subject of multiple DMCA notices. We reserve the right to remove material alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Our Designated Agent for notice for claims of copyright infringement is: Candid Research, Inc. 4175 E. La Palma Ave. Ste 275, Anaheim CA 92807 – legal@candidresearch.com
Feedback
Sending us any feedback, comments, questions or suggestions (collectively, “Feedback”) regarding Candid or our Services is entirely voluntary and you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. You further agree that we are free to use such Feedback as we see fit and without any obligation to you and we are under no obligation of confidentiality, express or implied. This Feedback section shall survive any termination of the Services.
Fees
You agree to pay all applicable fees or charges in connection with your use of the Services based on the terms in effect when you initiated the Services. Fees are nonrefundable. All inquiries regarding Services should be made to Candid at support@candidresearch.com.
Accuracy of Information
Although every effort has been made to provide complete and accurate information when describing our Services on the website, we do not warrant that the content available on the website is accurate, complete, reliable, current, or error-free. This website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Candid assumes no liability or responsibility for any error or omissions in the information contained in the website or the operation of the website.
Third-Party Websites and Services
The Services may contain links to websites and other resources that are controlled by third parties and not owned, reviewed or examined by Candid. These links are provided only as a convenience, and do not imply any endorsement by Candid or the assumption of any responsibility for any such third-party websites, information, materials, products, or services. If you access a third-party website or resource from the Services, you do so at your own risk, and you understand that Candid’s Terms and Privacy Policy do not apply to your use of third-party links. Any contract entered with, and any damages caused by, a third-party company will be between you and that company. You expressly relieve Candid from any and all liability arising from your use of any third-party website, service, or content. You acknowledge and agree that Candid is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Any such third-parties may have terms of use and a privacy policy different than Candid’s and you should review their applicable terms and policies, including privacy and data gathering practices before proceeding. You agree to abide by the terms and conditions of any applicable third-party service and direct any questions regarding linked sites to the webmaster of that site. Notwithstanding anything set forth herein to the contrary, you will abide by these Terms regardless of anything to the contrary in your agreement with any third-party and you shall not use such third-party service to avoid the restrictions set forth in these Terms.
Warranties and Disclaimers
Each party represents and warrants to the other party that it has the full power and authority to enter into the terms and conditions of these Terms and that the Terms constitute a legal, valid and binding obligation.
YOU USE THE SERVICES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM CANDID, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING COMPUTER VIRUSES) EVEN IF CANDID HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, CANDID PROVIDES THE WEBSITE, THE SERVICES, THE CONTENT, AND THE INFORMATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, CANDID AND ITS SUPPLIERS, LICENSORS, PARTNERS AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE, THAT THE FUNCTIONALITY AND INFORMATION PROVIDED BY THE SERVICES WILL BE CORRECT, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO INFORMATION OR ADVICE PROVIDED ON CANDID WEBSITES, BY CANDID, OR BY CANDID EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY OF ANY KIND WHATSOEVER. CANDID WILL PERFORM SERVICES IN ACCORDANCE WITH INDUSTRY STANDARDS. CANDID WILL MAINTAIN AND FOLLOW REASONABLE PROCEDURES TO ASSURE THE MAXIMUM POSSIBLE ACCURACY OF THE INFORMATION CONTAINED IN EACH CONSUMER REPORT, AND CANDID WILL RE-VERIFY ANY DISPUTED CONSUMER REPORT WHEN A REQUEST IS MADE IN ACCORDANCE WITH APPLICABLE LAWS. YOU ACKNOWLEDGE, HOWEVER, THAT CANDID DOES NOT WARRANT THAT THE REPORTS WILL MEET YOUR NEEDS, OR WILL BE PROVIDED ON AN UNINTERRUPTED BASIS. YOU FURTHER ACKNOWLEDGE THAT CANDID CANNOT BE AN INSURER OF, AND CANNOT GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF, THE INFORMATION PROVIDED BECAUSE SUCH INFORMATION IS SUBJECT TO HUMAN ERROR AND OBTAINED FROM PUBLIC RECORDS AND OTHER THIRD PARTY SOURCES THAT ARE NOT UNDER THE CONTROL OF CANDID AND MAY NOT ALWAYS BE ACCURATE, VALID OR COMPLETE.
Indemnification
You agree to defend, indemnify and hold Candid, its officers, directors, subsidiaries, affiliates, partners, licensors, employees, suppliers and agents (the “Indemnified Parties”) harmless for any damages, losses, judgments, costs, or expenses, including legal fees, and other related fees and expenses arising from any third party claims, actions, demands, liabilities or settlements ( “Claims”) arising out of or relating to: (a) your use of the Services in violation of any law, rule, regulation, or your breach of any covenants, representations or warranties of these Terms; (b) any information you submit through the Services; or (c) your willful or malicious conduct relating to any violation described in this section. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify Candid. You shall not settle any dispute subject to your indemnification under these Terms without written consent from Candid.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANDID AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM ANY (a) ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, OR ACCESS DELAYS OR INTERRUPTION OF, THE SERVICES; (b) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (c) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING BUT NOT LIMITED TO, OFF-WEBSITE LINKS ON THE WEBSITE; (d) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES; (e) ANY INACCURACIES, ERRORS OR OMISSIONS IN CONTENT; (f) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT; (g) ANY CONTENT OBTAINED FROM THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (h) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, CANDID WILL NOT BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY KIND (INCLUDING LOSS OF REVENUE OR PROFITS) ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR YOUR USE THEREOF, INCLUDING THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICES, EVEN IF CANDID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CANDID EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT PAID TO CANDID OR ITS PARTNERS, IF ANY, UNDER THESE TERMS DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE INITIATION OF ANY CLAIM FOR DAMAGES.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND CANDID CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION (THE “ARBITRATION AGREEMENT”) WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND CANDID TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS (NOT AS A CLASS ACTION, CLASS MEMBER, PLAINTIFF, OR OTHER REPRESENTATIVE PROCEEDING). YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY FOLLOWING THE PROCEDURE DESCRIBED IN THE OPT-OUT SECTION BELOW. CANDID MAY MODIFY THIS ARBITRATION AGREEMENT AT ANY TIME WITH APPROPRIATE NOTICE.
Pre-Arbitration Informal Process
You agree that in the event of any dispute between you and Candid, you will first contact Candid and make a good faith sustained effort to resolve the dispute before resorting to arbitration under these terms. This pre-arbitration informal process shall be initiated by providing written notice to the other party, including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to Candid via email (legal@candidresearch.com) or U.S. Mail (Candid Research, Inc., Legal Dept, 4175 E. La Palma Ave. Ste 275, Anaheim CA 92807); Candid will send such written notice to the email address you have provided to Candid. During this pre-arbitration informal process, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties. After a good faith effort to negotiate, if you or Candid believe a Claim cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the AAA Rules.
Binding Arbitration
You agree that any dispute or claim that remains unresolved after the informal dispute resolution except for disputes relating to the infringement of Candid’s intellectual property rights, will be resolved by binding and final arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. You and Candid mutually agree to give up your right to resolve disagreements in a court of law by a judge or jury and that this Arbitration Agreement is governed by the Federal Arbitration Act, and shall survive even after these Terms or any Services terminate.
Claims Not Covered by Arbitration
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis within the jurisdictional limits of a small claims court; and (2) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Claims Covered by Arbitration
Other than listed above, you and Candid agree that any disagreement, claim, or controversy arising out of or relating in any way to these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Services (hereinafter, “Claims”), shall be resolved by final and binding arbitration to the fullest extent allowed by law.
Arbitration Fees
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, we will pay all other AAA and arbitrator’s fees and expenses.
Delegation to Arbitrator
If there is a disagreement about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Candid agree that this threshold disagreement shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disagreements.
Class Action Waiver; Jury Trial Waiver
To the fullest extent permitted by applicable law, you and Candid each agree to bring and resolve any Claims in the capacity of an individual and not as a plaintiff or class member in any purported class, consolidated, multiple plaintiff or representative action (“Class Action”). If for any reason a Claim proceeds in court rather than in arbitration, you and Candid each waive any right to a jury trial. You and Candid expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If there is a final determination that the Class Action Waiver is unenforceable as to certain claims brought on a class or representative basis, then those claims shall be severed from any remaining claims and may proceed in court, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to any remaining claims to the fullest extent possible. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Format of Proceedings
The arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
Arbitration Rules and Procedures
You and Candid agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA. The arbitrator will apply the terms of this Arbitration Agreement and the applicable AAA rules, which are available at www.adr.org or by calling (800) 778-7879. If you are an individual person, the arbitrator shall apply the AAA Consumer Arbitration Rules. If you are not an individual person, but are an entity or company, the arbitrator shall apply the AAA Commercial Arbitration Rules. The arbitrator shall have the power to decide any motions, including dispositive or summary judgment motions, brought by any party to the arbitration. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court to resolve the party’s individual claim, including awards of attorney’s fees and costs, in accordance with the law or laws that apply to the Claim. The arbitrator shall provide in writing to the parties the basis for any award or decision. Judgment upon any award rendered in such arbitration will be binding and may be entered in any court with proper jurisdiction.
Enforcement
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will have no applicability.
Severability
Except for the Class Action Waiver, if any clause within this Arbitration Agreement is found to be illegal or unenforceable, that specific clause will be severed from this Arbitration Agreement, and the remainder of the Arbitration Agreement will be given full force and effect.
Invalidity
If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Candid each agree to the exclusive jurisdiction of the federal and state courts located in Orange County, California, and you and Candid each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
Opt-Out
If you are an individual person, and do not want to arbitrate disputes with us, you have the right to opt-out of this Arbitration Agreement by sending an email to legal@candidresearch.com within thirty (30) days of the first date you access or use the Services. If you do not opt-out of this Arbitration Agreement within the 30-day period, you and Candid shall be bound by the terms of this Arbitration Agreement in full. If you opt-out of this Arbitration Agreement within the 30-day period, it will not affect any other, previous, or future arbitration agreements that you may have with Candid.
Confidentiality
The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Governing Law
Except for the Arbitration Agreement, which is governed by the Federal Arbitration Act, these Terms are governed by the laws of the State of California without regard to conflicts of laws, rules or principles. The choice of law provision is only intended to specify the use of California law to interpret these Terms and is not intended to create any substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.
Assignment
You may not assign any of your rights or obligations under these Terms without the prior written consent of Candid. Candid may assign all rights to any other individual or entity at its sole discretion. Subject to the foregoing, these Terms inure to the benefit of and are binding on the parties’ permitted assignees, transferees and successors.
Integration
You acknowledge and agree that these Terms constitute the parties’ complete and exclusive agreement concerning the use of the Services, and supersede and govern any and all prior or contemporaneous proposals, agreements, or other communications relating to the Services.
Force Majeure
Candid will not be responsible for any default or delay in the performance of any of its obligations under these Terms if such default or delay is caused, directly or indirectly, by forces beyond its reasonable control, including but not limited to fire, flood, acts of God, labor disputes, strikes, lockouts, or shortages of or inability to obtain labor, energy, or supplies; accidents, acts of war or terrorism, interruptions of transportation, internet or other telecommunication failures; governmental action or inaction, acts by hackers or other malicious third parties or supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for us to perform our obligations hereunder.
Miscellaneous
The parties are independent contractors. Nothing contained in these Terms shall be construed as creating any employment, agency, partnership, franchise, joint venture, or other form of joint enterprise or authority to bind the other party. There are no third-party beneficiaries to these Terms. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. Any waiver of a provision of these Terms will only be valid if provided in writing and applies only to the specific occurrence so waived. Failure to enforce any provision will not constitute a waiver. Nothing in these Terms will limit a party’s ability to seek equitable relief. Section headings are not to be used in the interpretation hereof. The following Sections survive any expiration or termination of these Terms: Arbitration Agreement, Class Action Waiver, Indemnification, and Limitation of Liability.
Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications from us (“Notices”) electronically, including but not limited to email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Written Notices
Written notice may be sent via first-class mail to Candid Research, Inc., 4175 E. La Palma Ave. Ste 275, Anaheim CA 92807 or via email to legal@candidresearch.com. You agree that we may send notices to you regarding your use of the Services by means of electronic mail, a general notice posted on Candid’s website, or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.
If you have any questions about the rights and restrictions above, or would like to report any inaccuracies or errors, please contact us by email at legal@candidresearch.com.