1. Overview
By using the Candeck.com Website and Services, (The Service or Website) a service of Candeck, Inc. (Candeck), you are subject to compliance with the notices, terms, and conditions (Terms of Service) set forth in this document and elsewhere on this Website (including but not limited to our Privacy Policy.) By accessing or using The Service you agree to be bound by the provisions of such notices, terms, and conditions
We reserve the right to modify, update or change these Terms of Service at any time, with or without notice, and for any reason by posting the revised version on this Website. The current revision date is listed at the top of the document. Your continued use of the service and related websites signals your continued acceptance of these Terms of Service as modified.
This Website is directed at adults and is not intended for children. Candeck, Inc. is not responsible for content of this Website being disclosed to children.
This Website and Candeck, Inc. are not licensed medical professionals. Do NOT make and medical decisions based on this site, but rather consult a medical professional before making any decisions about your health or healthcare.
1. Candeck's Intellectual Property Rights
1.1. Copyrights: All of the content of this Website, including text, art, graphics, logos, button icons, images, pictures, audio clips, and software are the property of Candeck., our members, partners, or content providers and is protected by U.S. and international copyright laws. Except as granted in the limited license below, any other use of such content, including modification, transmission, presentation, distribution, or republication is prohibited without the express prior written consent of Candeck.
1.2. Trademarks: All trademarks, trade names, logos, brand names, and service marks of Candeck, whether registered or unregistered, are the property of Candeck and are protected by U.S. and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of Candeck. In no event may any such assets be used in connection with any product or service that is not Candeck's, in any manner that is likely to cause confusion or in any manner that disparages or discredits Candeck. All other trademarks, trade names, brand names, company names and/or logos appearing on this Website are the property of their respective owners.
1.3. Patents: All patents and patent applications of Candeck are the property of Candeck and are protected by U.S. and international patent laws. Any use of these patented or patentable assets is prohibited without the express prior written consent of Candeck.
1.4. Limited License: Subject to these Terms of Use, Candeck grants you a limited, revocable, non-exclusive, and non-transferable license to download the material on this Website solely for your personal, non-commercial use. If you violate any provision of these Terms of Service, your permission to access this Website and to use such material automatically terminates and you must immediately destroy any copies you have made of any portion of such material.
1.5. Third-Party Licenses: You agree that you will not upload or transmit any communication or content of any type that infringes or violates any rights of any person.
1.6. Restrictions on Use: As a condition to your use of The Website and services, you agree you will not: (i) Use The Website or services to infringe the intellectual property rights of others in any way; (ii) Use The Website or services, or attempt to penetrate, modify or manipulate The Website or services or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any other user of The Website or services; (iii) Attempt to access information that is not otherwise deliberately made available to you through The Website or services; (iv) Modify, erase or damage any information contained on the computer of any user connected to The Website or services; or (v) Reverse engineer any portion of The Website or services.
The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes not expressly permitted in writing by Candeck.
1.7. Termination: Candeck reserves the right to refuse service and terminate accounts, for reasons including, but not limited to, a belief by Candeck, in its absolute discretion, that user conduct violates applicable law or is harmful to the interests of Candeck, its members, partners, suppliers, or other users, or for any other reason, at Candeck's sole discretion, with or without cause.
2. Accuracy
While making reasonable efforts to ensure that all information in this site is accurate and up to date, Candeck makes no representation or warranty of the reliability, accuracy, or completeness of the information.
3. Medical Disclaimer/Assumption of Risk
3.1. Candeck Does Not Give Medical Advice: The Website and its related services do not provide nor are a substitute for medical advice. All content including information, images, text and graphics available on or through the Website is for general information purposes only. This content is never intended to be a substitute for medical advice provided by a professional. Do not rely on this site for medical information and decisions. Always consult your healthcare professional for medical advice.
3.2. Candeck is Not Liable: Candeck is not responsible or liable for any advice, diagnoses, course of treatment, or any other information, services, or products that you obtain through the Website or from anyone who may access information or services through this site, including, but not limited to your doctor.
3.3. Confirm Information with Other Sources and Your Healthcare Provider: You are encouraged to confer with your healthcare provider with regard to information obtained from this Website. After reading Content on The Website, you are encouraged to review the information carefully with your attending professional healthcare provider.
3.4. Use of Candeck Services with Healthcare Providers: You agree and acknowledge that it is your responsibility to provide access to your records, if you so choose, to your healthcare provider. Candeck is not responsible for ensuring the identity of any healthcare provider whom you choose to share your information with.
3.5. No Endorsements: Candeck does not recommend or endorse any specific tests, products, procedures, opinions, physicians, clinics, or other information that may be mentioned or referenced on The Website. The advertisers who purchase banners or otherwise sponsor or support Candeck and The Website and the posting of advertisements is not to be taken as an implied or express endorsement of any such product or service.
3.6. Potentially Offensive Materials: The Website may contain health or medical-related materials, which you may find to be sexually explicit or otherwise offensive. Candeck, its licensors, and its suppliers accept no responsibility for such materials.
3.7. Rely At Your Own Risk: Reliance on any information on The Website is solely at your own risk.
4. Legal Requests
Candeck cooperates with law enforcement inquiries as a matter of policy. We will use any available information to attempt to identify a user when we are legally compelled to do so or when we feel it is necessary to protect our services, sites, customers, or others.
5. Disclaimers of Warranties
Limitation of Liability and Liquidated Damages You agree that your use of the Website is entirely at your own risk and that all services of Candeck that may be rendered through the Website are provided "as available" and "as is" without warranty of any kind, either express or implied, including without limitation, warranties as to merchantability, fitness for any particular purpose, title, or non-infringement. Candeck does not warrant that any service provided through the Candeck site will be uninterrupted or error free. Nor does Candeck warrant that its services will be free from computer virus strains. Candeck's services may include information, products, materials, and other services contained on or provided through the website, including all text, graphics, links, animation, java script, and cookies.
Candeck hereby disclaims any liability to your or any other party for any breach of any alleged warranty of Candeck, even if Candeck or such party has been advised of the possibility of damages.
Candeck makes no representations or warranties about the satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the content contained on this website or the products or services sold or advertised herein.
Candeck makes no representations or warranties with respect to any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through Candeck or by any physician member of the Candeck network or physician located through the Candeck network.
Candeck does not represent or warrant that the information, materials, and services provided on this website are accurate, reliable, complete, or current.
Limitation of liability: Candeck, its directors, managers, officers and employees hereby disclaim any liability to you for the use of the Candeck services available through this site and for any claims relating to allegations of personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered through this website or any material or information contained in, accessed through, or products purchased on this website, even if an authorized representative of Candeck is advised of the likelihood or possibility of the same.
As any allegation of damages would be difficult if not impossible to determine you agree that the total liability of Candeck for actual damages shall not exceed the total amounts paid by you to Candeck during the twelve months preceding the event giving rise to such allegations of liability, or if no amounts have been paid by you, one thousand dollars ($1,000). In no event shall Candeck, nor any of its managers, employees, or other representatives be liable for any special, punitive, indirect, incidental, or consequential damages or any other damages of any kind.
Any claims arising in connection with your use of this website or any service, product or information offered or purchased through this website must be brought within one (1) year of the date of the event giving rise to such action.
When using the Candeck services, information will be transmitted over a medium that is beyond the control and jurisdiction of Candeck and its suppliers. Accordingly, Candeck assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Candeck services.
6. Consent to Electronic Communications and Transactions
When you visit or use this site and the services associated with it or when you send email to Candeck, you are communicating with Candeck or others electronically. You consent to these methods of electronic communication and consent to Candeck's access to protected health information that may be contained in the electronic communications. You, Candeck, and your healthcare provider each agree to conduct electronically the business, commercial, and healthcare transactions, if any and as applicable, in which you engage. You agree that all agreements, notices, records, disclosures and other communications that Candeck or your healthcare provider provide to you electronically satisfy all legal requirements that such communications be in writing.
7. Notices of Alleged Infringement of Copyright
Candeck respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. Candeck will terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, Candeck reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Candeck Website or services.
In accordance with the Digital Millennium Copyright Act of 1998, Candeck will respond expeditiously to claims of copyright infringement committed using the Candeck service that are reported to Candeck's legal counsel. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement to Candeck's legal counsel:
Legal Counsel Candeck, Inc. 6 Way Road Middlefield, CT 06455 cinfo (at) Candeck.com
8. Governing Legal Provisions
8.1. Governing Law and Jurisdiction: These Terms of Service will be governed by Connecticut law for all purposes, including This Website and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of Connecticut. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages which are contained in this Agreement. By agreeing to be bound by these Terms of Service you may be waiving legal rights which could be available to you in another jurisdiction.
8.2. Third-Party Links: Candeck does not endorse the content on any third-party Websites. Candeck is not responsible for the content or result of any dealings with third parties who advertise on this site. Your use of third-party Websites is at your own risk and subject to the terms and conditions of use for such Websites. Candeck does not endorse any product advertised on this Website nor does Candeck endorse manufacturer or other claims about the efficacy of these products.
8.3. Export Laws: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the Website to either a foreign national or a foreign destination in violation of such laws.
8.4. Indemnification: You agree to indemnify, defend, and hold harmless Candeck, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these Terms of Service or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing Candeck using your account.
8.5. International Laws: Candeck is based in the State of Connecticut in the United States of America. Candeck makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Candeck content and services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
8.6. Entire Agreement: These Terms of Service and all other legal notices posted by Candeck on this Website constitute the entire agreement between you and Candeck with respect to the use of the Candeck Website and services. Your use of the Candeck services is also subject to the Candeck Privacy Policy. In the event of a conflict in the terms of service relating to the various Candeck services, this document will take precedence. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
8.7. Waiver: Our failure to exercise or enforce any right or provision of the Terms of Service or other legal notices posted by Candeck on this Website shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Service or of any other legal notices posted by Candeck on this Website shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
8.8. Severability: If any provision of the Terms of Service or of any other legal notices posted by Candeck on this Website is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service should remain in full force and effect.
8.9. Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service or of any other legal notice posted by Candeck on this Website.
8.10. Assignment: Candeck may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.
8.11. Headings: The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
8.12. Notices: If you have questions or comments regarding this Website, please contact us at cinfo (at) Candeck.com, or by post at 6 Way Road, Middlefield, CT 06455.