Your home
financing team
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The Winters Team

Address

900 Hendersonville Rd Ste 102,

Asheville, NC, United States 28803

Phone (828) 585-5806
Email kim.winters@thekimwintersteam.com
Calculate
your monthly
mortgage payment
$

$ 1,575/month

20.00%
%

$ 1,575/month

  • Property Taxes: $188
  • Homeowner's Insurance: $100
$
$
$
$
$
WHAT OUR
CLIENTS ARE SAYING
Check Out More Reviews
5.0

It was a great experience, just such a smooth transaction we are very happy with them

Henry M
Fletcher - NC
5.0

Excellent service with all team members. Would highly recommend them and their team!

Robert K
Flat Rock - NC
5.0

Awesome Team ! Highly recommend

Jolanta D
Canton - NC
Wondering
how much home
you can afford?

Let's talk about your next move!

Kim Winters Profile Pic Round-Color-Team-Logo
Kim Winters
Senior Loan Officer

NMLS #643805

Phone: (828) 585-5806

Email: kim.winters@thekimwintersteam.com

© 2024. All rights reserved

Company
Legal

© 2024. All rights reserved

NC-I-156446, VA-MLO-29880VA, GA-51749, TN-131826, FL-LO45186, SC-MLO - 643805, AL-MLO - 643805, IL-MLO - 031.0077034 | Movement Mortgage, LLC supports Equal Housing Opportunity. NMLS ID# 39179 (www.nmlsconsumeraccess.org) | 877-314-1499. Movement Mortgage, LLC is licensed by NC # L-142670, VA # MC-5112, GA # 23002, TN # 112748, FL # MLD1360, SC # MLS-39179, AL #21022, IL # MB 6760898 Interest rates and products are subject to change without notice and may or may not be available at the time of loan commitment or lock-in. Borrowers must qualify at closing for all benefits. "Movement Mortgage" is a registered trademark of the Movement Mortgage, LLC, a Delaware limited liability company. 8024 Calvin Hall Road Indian Land, SC 29707.

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Privacy Policy

Updated/Effective date: July 28, 2020

This Privacy Policy applies to the products, services, and platform (referred to collectively as the CANDID” or Platform”) owned and operated by CandidApp LLC. (CANDID” or us” or our” or we”). The Platform allows you to efficiently provide and consolidate information that banks, mortgage companies, and other lenders (Financial Services Providers”) need to process loan applications and offer other financial services to you. For purposes of this Policy, you” and your” mean the Platform account creator, authorized signer, authorized representative, delegate, and/or other authorized Platform user, including a co-applicant. Except as provided herein, this Policy describes and governs the information collection, use, and sharing practices of CANDID with respect to the Platform.

Before you use or submit any information on or through the Platform, please carefully review this Policy. By using any part of the Platform, you consent to the collection, use, and disclosure of the information you provide as further outlined in this Policy. We will continue to evaluate this Policy as we update and expand the Platform and our offerings, and we may make changes to the Policy accordingly. Any changes will be incorporated into this Policy and posted on the Platform. Your continued use of the Platform will signify acceptance of the terms of the updated Policy.

1. Privacy of Joint Applicants

If you are using the Platform with another person to apply jointly for a loan or other financial services product, you and your co-applicant may choose to provide information for your application using a single joint Platform account or multiple individual Platform account(s). If joint applicants choose to utilize a single Platform account, they will have access to all information supplied by Platform account users to complete that application. Such joint applicants will have the ability to view, print, transmit, save, and/or edit the information. Access may continue for as long as the joint applicants utilize the single Platform account in connection with the application process.

2. What Information Does CANDID Collect?

a. Categories of Information

We collect the following categories of information. The exact information we collect about you depends on the data collection practices of your Financial Services Provider, what products/services you use and how you use our Platform and interact with us. We base the information in this disclosure on our data collection practices over the previous 12 months until present time.

Identifiers (such as a real name, postal address, IP address, email address, social security number, or other similar identifiers);

Commercial information (such as transactional data or records of personal property, or other purchasing or consuming histories or tendencies);

Financial information (such as financial history);

Internet or other network or device activity (such as browsing history and log data);

Geolocation information (such as general location information inferred from an IP address);

Professional or employment related data (such as information you provide about your work history);

Education data (such as information about your educational institutions and history);

Characteristics of protected classifications under state or federal law (such as gender and marital status);

Insurance information;

Physical characteristics or description;

Inference data about you (such as profiles we develop based on how you use our Platform); and

Other information that identifies or can be reasonably associated with you.

b. Categories of Sources of Information

We collect information in multiple ways, including when you provide information directly to us and when we passively collect information from you, such as from your browser or device.

Information You Provide Directly to Us

We may collect information from you during your use of or access to the Platform, such as when you:

Register for a CANDID Platform account;

Enter information in the CANDID Platform;

Communicate with us; or

Connect with your third-party accounts to retrieve your information.

For example, through the registration process and/or through your Platform account settings, we may collect information such as your email address, account password, and recovery phone number for creating and authenticating a CANDID Platform account (CANDID Account Credentials”). We may also collect third-party account credentials (e.g., your log-in credentials for accessing your bank account or tax return information) (Third-Party Account Credentials”), as well as contact, financial, and other information that may be used for the purpose of retrieving information from third-parties. We will also collect information from the accounts you authorize us and others to access on our or the Financial Services Provider's behalf that is used in connection with applications for financial services products. All such information we collect from you through or in connection with the Platform is covered by this Policy.

Information Collected Passively

Device/usage information: We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Platform. We may collect and analyze information such as (a) IP addresses (including city and state information), unique device identifiers, IMEI and TCP/IP addresses, and other information about your computer or device(s), browser types, browser language, operating system, mobile device carrier information, and the state or country from which you accessed the Platform; and (b) information related to the ways in which you interact with the Platform, such as referring and exit web pages and URLs, platform type, number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, statistical information about the use of the Platform, amount of time spent on particular pages, date and time you used the Platform, frequency of your use of the Platform, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.

Cookies and Other Electronic Technologies: We may also collect data about your use of the Platform through the use of internet server logs, cookies, and/or tracking pixels. An internet server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Platform you have visited; (iv), enhance your user experience by delivering content specific to your interests; (v) perform searches and analytics; and (vi) assist with security administrative functions. Some cookies are placed in your browser cache. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier that are embedded in websites, online ads, and/or email and are designed to provide usage information like page clicks, measure popularity of the Platform and associated content, and access user cookies. We may update this Policy from time to time as we adopt new technologies to gather additional information through other methods.

Blocking cookies through your browser settings : Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser (e.g., Internet Explorer ; Google Chrome ; Mozilla Firefox ; or Apple Safari ) for more information. Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Platform.

Information from Third Parties

We may also obtain information about you from third parties such as other financial institutions with which you have a relationship, third-party data access providers (see below) and credit reporting agencies, among others. These third parties provide data, products, and services that enable us to provide the Services through the Platform.

3. How Will CANDID Use My Information?

CANDID may use the information we collect from and about you for business purposes (as defined by applicable law) and commercial purposes, such as:

Performing services on behalf of the business or other service providers, including maintaining or servicing accounts, processing or fulfilling transactions, verifying customer information, processing payments, providing financing, providing analytic services, or providing similar services on behalf of the business or service provider. Specifically, this may include:

Processing and fulfilling a transaction or to providing products or services through or in connection with the Platform (e.g., to pull relevant information from your financial accounts to assist in compiling documentation for your Financial Services Provider and others);

Facilitating your registration for a CANDID Platform account;

Sending you information about your Platform-related activities;

Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

Debugging to identify and repair errors that impair existing intended functionality (i.e. to administer and troubleshoot the Platform).

Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer's experience outside the current interaction.

Undertaking internal research and reporting;

For technological development and demonstration, including to improve the content and features of the Platform or develop or deliver new products or services;

Contacting you with information or surveys regarding our Platform;

Processing and responding to your inquiries or to request your feedback;

Personalizing the content that you see on the Platform (see How Does CANDID Personalize Content to My Interests?” section below); and

Enforcing the legal terms that govern your use of the Platform.

In addition to the use of your information to process your loan or other financial services transaction, we may also aggregate and/or de-identify the information we collect. We may use aggregated and/or de-identified information for improving the Platform and developing business analytics, and may also share such information and analytics with third parties.

How Does CANDID Personalize Content to My Interests?

Online and Email Analytics: We may use third-party web analytics services on the Platform, such as those of Google Analytics. These service providers use the sort of technology previously described in the Cookies and Other Electronic Technologies” section to collect information (including your IP address) to help us analyze how users use the Platform, including by noting the third-party website from which you arrive, providing certain features to you, improving and developing the Platform, monitoring and analyzing use of the Platform, aiding our technical administration, assisting in our troubleshooting and customer support efforts, and verifying that users have the authorization needed for us to process their requests. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here . If you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may clear the Google Analytics opt-out cookies, and you will need to re-visit the relevant opt-out page. If you receive email communication from us, we may use certain tools, such as clear GIFs, to capture data such as when you open our message or click on any links or banners our email contains.

Notice Concerning Do Not Track Signals: Do Not Track (DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on the Platform for third-party purposes, and that is why we provide choices provided by Google Analytics. However, we do not recognize or respond to browser-initiated DNT signals, as the internet industry is currently still working toward defining exactly what DNT” means, what it means to comply with DNT, and a common approach to responding to DNT. You can learn more about DNT by clicking here.

4. How Will CANDID Share My Information?

We may share all of the categories of information identified above in Section 2 with the following categories of third parties as described in this section. We base the information in this disclosure on our data sharing practices over the previous 12 months until present time.

Financial Services Providers . We collect information for Financial Services Providers that are evaluating, processing, or funding loan applications or other financial services applications. We may share the information you provide with, and/or make that information available to Financial Services Providers, their successors-in-interest, and other relevant third parties that the Financial Services Provider has authorized to access the information in order to facilitate the loan process or other financial services transaction, and provide related services and products to you. If you are a customer of such a Financial Services Provider and have questions about its privacy practices or you no longer want to be contacted by the Financial Services Provider, please contact the Financial Services Provider directly. The Financial Services Provider's privacy policy, and not this Policy will apply to the Financial Services Provider's use of your information, and to the sharing and use of your information to/by others authorized by the Financial Services Provider to obtain your information. CANDID is not responsible for the privacy practices of the Financial Services Providers.

Service Providers . We may provide access to or share your information with select third parties who perform services on our behalf to facilitate the operation and functionality of the Platform. For example, we may use companies that assist with billing, customer support, fulfillment, data storage, analysis and processing, and legal services. We may also provide access to or share information with third parties as necessary to effect, administer, or enforce a transaction that you request or authorize.

Data Access Providers and Other Third Parties . We may use data access providers, including Plaid Inc. , Finicity Corporation , and Yodlee, Inc. , to assist in obtaining information from your financial institution for the purpose of completing the application (e.g., account balance information, relevant financial statements and summaries, and other similar information). If you choose to provide your Third-Party Account Credentials to link with your third-party financial accounts, you grant us and our data access providers the right to retrieve information from the relevant third party on your behalf and transmit such information to the Financial Services Providers. The collection, use, transmission, and storage of this information by our data access providers is governed by the privacy policy of the applicable data access provider. If following the initial retrieval of information from your third-party financial account, you no longer want us or our data access providers to obtain information from such accounts in connection with continued provision of services to you, please see the What Choices Do I Have” section below. CANDID may also share your information with partners of CANDID or the Financial Services Provider (e.g., pricing engines, document generation providers).

Consent . On behalf of your Financial Services Provider we may also share your information with other third parties after obtaining your consent.

Protection of CANDID and Others . By using the Platform, you acknowledge, consent, and agree that we may access, preserve, and disclose your information, including but not limited to any user content, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our Terms of Service, this Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property, or personal safety of CANDID, its agents and affiliates, and/or its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.

Business Transfers . As we continue to develop our business, we may buy or merge with other companies. In such transactions (including in contemplation of such transactions, e.g., due diligence), user information may be among the transferred assets. If a portion or all of CANDID’s assets are sold or transferred to a third party pursuant to a corporate purchase, sale, or merger, customer information may be one of the transferred business assets.

5. How Does CANDID Secure My Data?

We have implemented administrative, technical, and physical security measures via third party vendors to protect against the loss, misuse, and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information because despite our efforts, no internet and/or other electronic transmissions can be completely secure.

We recommend that you change your password periodically. You are responsible for maintaining the security of your Platform account username and password. If you believe that your Platform account username and/or password have been stolen or been made known to others, it is your responsibility to immediately contact us at info@candid.inc and change your password. We are not responsible if someone else accesses your Platform account through information they have obtained from you.

6. What Choices Do I Have?

Updating and Deleting Your Information . You may be able to add, update, or delete certain information through the Platform. When you update information, however, we may maintain a copy of the unrevised information in our records for legal compliance purposes. Any information that cannot be updated or deleted through the Platform will require you to contact the Financial Services Provider for further assistance. Additionally, to the extent applicable law affords you rights to your personal information, such as access and deletion rights, please reach out to your Financial Services Provider to inquire about your data rights. We retain the information we process for as long as needed to provide services to the Financial Services Provider, including providing information to successors-in-interest throughout the term of the transaction. We may retain some of the information for reasons including, but not limited to, compliance with applicable banking and lending regulations, resolving disputes, and enforcing our agreements. We may also continue to use any aggregated or de-identified information but not in a manner that would identify you personally.

Account Access for Providing Financial Services . If you no longer want us or our data access providers to obtain information from your financial accounts on behalf of your Financial Services Provider, please email us at info@candid.inc

7. California Residents.

This section of the Policy applies solely to those individuals who reside in the State of California ("consumers" or "you"). We are providing this policy in compliance with the California Consumer Privacy Act of 2018 ("CCPA") and other applicable California privacy laws. Any terms used in this Notice that are not defined in the Notice itself have the same definition as used in the CCPA and its implementing regulations.

Right to Know

California law provides California consumers with the right to request that certain covered businesses provide you (i) the categories of personal information we collect, use, disclose or sell about you; (ii) the categories of sources of such information; (iii) the business or commercial purpose for collecting or selling your personal information (as applicable); (iv) the categories of personal information we sell or have sold or disclosed for a business purpose about the consumer and the categories of third parties to whom we've disclosed your personal information and, (v) specific pieces of personal information that a business has collected about the consumer. This Right to Know” is subject to certain exceptions. Furthermore, CANDID is not required to respond to requests for the Right to Know because we are a Service Provider to your Financial Services Provider. However, in our Service Provider capacity, we maintain and have identified the items listed in this paragraph in our Privacy Policy for your reference. To request the specific pieces of personal information CANDID collects about you on the Platform, please reach out to your Financial Services Provider.

Right to Delete

California law provides California consumers with the right to request that certain covered businesses delete personal information that they have collected from you. This Right to Delete” is subject to certain exceptions. CANDID will not respond to requests pursuant to this right if made directly by a consumer because we are a Service Provider to your Financial Services Provider. To request deletion of specific pieces of personal information CANDID collects about you on the Platform, please reach out to your Financial Services Provider. Please note, we need certain types of information so that we can provide the services to you. If you request deletion of your information through your Financial Services Provider and we are required to delete your information, you may no longer be able to access or use the services we provide.

Authorized Agents

When a consumer uses an authorized agent to submit a request to know or a request to delete, a business may require that the consumer do the following (this does not apply when a consumer has provided the authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465):

Provide the authorized agent signed permission to do so.

Verify their own identity directly with the business.

Directly confirm with the business that they provided the authorized agent permission to submit the request.

A business may deny a request from an authorized agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

To make an authorized request on behalf of another pursuant to consumer rights provided by California Law, please reach out to your Financial Services Provider for instructions.

Additional Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask certain covered businesses for a notice (a) identifying the categories of personal information (as defined by California law) that are shared with third parties for their own marketing purposes and (b) providing contact information for such third parties. However, as disclosed here in our Privacy Policy, CANDID does not share such personal information for these purposes.

Financial Incentives

We do not offer financial incentives for the collection of your data. If this changes, we will notify you prior to doing so, and we will obtain your consent to opt-in to this program before enrolling you.

Non-discrimination Rights

You also have the right to not be discriminated against for exercising certain of your rights under the CCPA. If you exercise your rights under the CCPA, we will not:

Deny you goods or services.

Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

Provide you a different level or quality of goods or services.

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

How other data privacy laws may affect your ability to request access to, or delete, your data

Please note that your rights and choices regarding your personal information are often subject to other laws. Personal information collected pursuant to other laws, such as information governed by the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, and the California Financial Information Privacy Act, may be exempt from requests to access or delete data.

We are a technology Service Provider

We are a Service Provider as defined by the CCPA and we process your information on behalf of banks, mortgage companies, and other lenders (Financial Services Providers”). To the extent California law allows you to make certain requests including access to personal information or requests to delete Personal Information, you must make these requests directly to your Financial Services Provider.

Contact us

If you have any questions regarding your rights under California law, you may reach out to us at info@candid.inc

8. Nevada Residents.

Under Nevada law, certain Nevada consumers may opt out of the sale of personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing info@candid.inc. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

9. What Is CANDID's Responsibility for Third-Party Links on the Platform?

The Platform may contain links to or frame” third-party websites, applications, and other services available to support Platform operations and functionality. Please be aware that we are not responsible for the privacy practices of such other sites and services. We encourage our users to be aware when they access third-party websites and/or leave the Platform and to read the privacy statements of each and every site they visit that collects their information.

10. What Is CANDID's Policy on Children?

We do not knowingly collect or solicit personal information (as defined by the Children's Online Privacy Protection Act”) from anyone under the age of 13. If you are under 13, please do not attempt to register for the Platform or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact info@candid.inc.

11. Retention of Your Information

We keep your information in identifiable form for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

12. Will CANDID Change This Policy?

We reserve the right to change this Policy at any time to reflect changes in the law, our data collection and use practices, the features of the Platform, or advances in technology. Please check this page periodically for changes. Your continued use of the Platform following the posting of changes to this Policy will mean you accept those changes.

13. What If I Have Questions About This Privacy Policy?

If you have any questions or concerns regarding our Privacy Policy, please send us a detailed message to info@candid.inc and we will try to resolve your concerns.

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Terms of Use

Effective date: August 17, 2021

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE CANDID PLATFORM ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE PLATFORM (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PLATFORM IN ANY MANNER.

Welcome to CandidApp LLC. (“CANDID”, “we”, “our”, or “us”). Please read on to learn the terms, rules, and restrictions (“Terms of Use” or “Terms”) that govern your use of our products, services, and platform (referred to collectively as the “CANDID” or "Platform"). For purposes of these Terms, “you” and “your” mean the Platform account creator, authorized signer, authorized representative, delegate, and/or other authorized Platform user, including co-applicant. The Platform allows users to provide information that banks, mortgage companies, and other lenders (“Financial Services Providers”) use to process loan applications and offer other financial services to you. CANDID is not a lender or loan broker, and does not make lending or credit decisions on behalf of Financial Services Providers. The Platform does not constitute an offer or solicitation to lend.

These Terms of Use are a legal agreement between you and CANDID. The Terms include the provisions below, as well as those in the Privacy Policy. You acknowledge and agree that, by accessing or using the Platform or by uploading or posting any content to the Platform, you are indicating that you have read and understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Platform.

We may, from time to time, modify these Terms, including the Privacy Policy. If so, we will post the updated Terms on the Platform. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Platform. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the “Mandatory Arbitration and Class Action Waiver” section of these Terms. Your continued use of the Platform after any such update constitutes your binding acceptance of such changes.

Joint Applicants. If you are using the Platform with another person to apply jointly for a loan or other financial services product, you and your co-applicant may choose to provide information for your application using a single joint account or multiple individual Platform account(s). If joint applicants choose to utilize a single Platform account, they will have access to all information supplied by Platform account users to complete that application. Such joint applicants will have the ability to view, print, transmit, save, and/or edit the information. Access may continue for as long as the joint applicants utilize the single Platform account in connection with the application process.

If you have any questions, comments, or concerns regarding these Terms or the Platform, please contact us at info@candid.inc

1. Eligibility and Scope

Eligibility. To use the Platform you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and competent. If you're agreeing to these Terms on behalf of an organization, entity, or co-applicant, you represent and warrant that you are authorized to agree to these Terms on behalf of that organization, entity, or co-applicant and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization, entity, or you and your co-applicant). If CANDID has previously prohibited you from accessing the Platform, you do not have permission to access the Platform.

Restrictions. You expressly agree that if you are located in any member state that is part of the European Economic Area or any member state that has adopted the General Data Protection Regulation, you are not permitted to use the Platform and you are not permitted to provide any personal data to us.

2. Account Registration; Account Use

Registration and Confidentiality. You may be required to sign up for a CANDID Platform account and to provide information such as your email address, an account password, and recovery phone number for creating and authenticating a Platform account (“CANDID Account Credentials”). If so, you agree to provide us with CANDID Account Credentials that are accurate, complete, and current. You may not use an email address or other identifier that you do not have the right to use, or another person's email address or other identifier with the intent to impersonate that person. In addition, you agree that you will protect the security of your Platform account and password, and that you will not share your Platform account or password with anyone unless you are using the Platform jointly with co-applicant to apply for a financial services product.

Unauthorized Account Use. You are responsible for any activity associated with your Platform account, and for notifying us at info@candid.inc if you become aware of any unauthorized access to your Platform account. You understand and agree that we may require you to provide information to confirm your identity and help ensure the security of your Platform account. CANDID will not be liable for any loss, damages, liability, expenses or attorneys fees that you may incur as a result of someone else using your CANDID password or account, as a result of your use or misuse, with or without your knowledge, and regardless of whether you have or have not advised us of such unauthorized use. In such case, you will be liable for losses, damages, liability, expenses and attorneys' fees incurred by CANDID or a third party due to someone else's use of your Platform account.

Restrictions. You expressly agree that if you are located in any member state that is part of the European Economic Area or any member state that has adopted the General Data Protection Regulation, you are not permitted to use the Platform and you are not permitted to provide any personal data to us.

3. Technical Requirements

Use of the Platform may be available through a compatible mobile device with internet access and may require certain software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees associated with them, as well as for complying with the terms of your mobile device and telecommunications provider. CANDID MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO (A) THE AVAILABILITY OF A TELECOMMUNICATION PLATFORM FROM YOUR PROVIDER OR ACCESS TO A TELECOMMUNICATION PLATFORM FROM YOUR PROVIDER AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION PLATFORM FROM YOUR PROVIDER; AND (C) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS IN CONNECTION WITH A TELECOMMUNICATION PLATFORM FROM YOUR PROVIDER.

4. Our Proprietary Rights

Intellectual Property Rights. The Platform is owned and operated by CANDID and contains material which is derived in whole or in part from material supplied by CANDID and our partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Platform is also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Platform. You acknowledge that the Platform has been developed, compiled, prepared, revised, selected, and arranged by CANDID and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of CANDID and such others. You agree to protect the proprietary rights of CANDID and all others having rights in the Platform during and after the term of these Terms and to comply with all reasonable written requests made by CANDID or our suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others' contractual, statutory, and common law rights in the Platform. You agree to notify CANDID immediately upon becoming aware of any unauthorized access or use of the Platform by any individual or entity or of any claim that the Platform infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including, without limitation rights in and to all applications and registrations relating to the Platform shall, as between you and CANDID, at all times be and remain the sole and exclusive property of CANDID.

Use of Marks. You may not use any of CANDID's trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with CANDID's consent. You acknowledge that you have no ownership rights in or to any such items.

5. Authorization to Retrieve and Use Information You Provide

Submitted Information. By providing information about yourself, including CANDID Account Credentials and third-party account credentials such as usernames, passwords, PINs, and other log-in information (“Submitted Information"), you are licensing such Submitted Information to CANDID and our agents for the purpose of providing the Platform. You represent that you are entitled to provide the Submitted Information to CANDID to use for the purpose of providing the Platform, without any obligation by CANDID to pay any fees or be subject to any restrictions or limitations. You hereby authorize and permit CANDID to use and store the Submitted Information for the purpose of providing the Platform, including configuring the Platform to be compatible with third-party websites that enable CANDID to provide the Platform. CANDID will store the Submitted Information in encrypted form, and will use the Submitted Information in accordance with these Terms and our Privacy Policy.

Account Information. Where available, for the purpose of completing your application, CANDID and our agents may access and retrieve, or enable you to initiate access to and retrieval of, account information and other data and documents (“Account Information”) from online accounts at third parties, including financial institutions, investing platforms, payroll providers, and tax preparation platforms, among others, in accordance with our Privacy Policy. This information may also include credit documentation and other information for verifying and/or re-verifying your assets, income, and employment. When available, Account Information may be prepopulated in the Platform. Please note that when displayed through the Services, Account Information does not represent an official record of your account with third parties. Account Information is only as recent as the time shown, and CANDID does not have an obligation to keep such data up-to-date at all times. Account Information may be more up-to-date when obtained directly from the relevant third-party sites. CANDID may also store Account Information and use the Submitted Information to update and maintain Account Information for future use.

As part of the Platform, we also transmit Submitted Information and Account Information to your Financial Services Provider, relevant parties specifically authorized to receive the information on behalf of the Financial Services Provider, and potentially your Financial Services Providers' successors-in-interest. By using the Platform, you expressly authorize CANDID and our agents to access, retrieve, and transmit Submitted Information and Account Information as part of the Platform, on your behalf, and as your agent.

As part of these Terms and solely for the purpose of providing the Platform, you grant CANDID and our agents a limited power of attorney, and appoint CANDID and our agents as your attorney-in-fact and agent, to access third-party websites, use Submitted Information you provide, and retrieve Account Information, with the full power and authority to do and perform each task necessary in connection with such activities as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN CANDID AND OUR AGENTS ARE ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY WEBSITES, CANDID AND OUR AGENTS ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY WEBSITE. CANDID cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or in loss of data. Further, CANDID does not assume responsibility for the timeliness, accuracy, deletion, or non-delivery of, or failure to store, any data.

Right to Provide Submitted Information and Account Information. You represent and warrant to us that you have all rights to the Submitted Information and Account Information that you provide to us via the Platform. You are responsible for the accuracy and completeness of the Submitted Information and Account Information you provide. You, and not CANDID, are liable in the event that such Submitted Information and/or Account Information is not accurate or complete. You agree that you will indemnify, defend, and hold harmless CANDID for all claims resulting from your unauthorized access to Submitted Information and Account Information, or for any inaccurate or incomplete Submitted Information and/or Account Information that you provide us. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

Feedback. Feedback you provide to us about your user experience with the Platform, by email or through other mediums, excluding personally identifiable consumer information, shall be deemed to be non-confidential, and we assume no obligation to protect such information from disclosure or provide compensation to you. The submission of such information to us shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by us for any purpose whatsoever, and we shall be free to reproduce, use, disclose, and distribute the information to others without restriction.

6. License and Prohibited Conduct

Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Platform only for your own internal, personal, or non-commercial use, and only in a manner that complies with all local, state, national, and foreign laws, treaties, regulations, and other legal requirements that apply to you or your use of the Platform, including those relating to data security and data privacy. If your use of the Platform is prohibited by applicable law, then you do not have authorization to use the Platform. CANDID is not responsible for unlawful uses of the Platform.

License You Grant CANDID. Anything you upload, share, store, or otherwise provide, including Submitted Information and Account Information, is content that you provide. In order to display your content on the Platform, you grant us certain rights in that content. As such, you hereby grant CANDID a license to translate, modify (for technical purposes, such as making your content viewable on a mobile device as well as a computer), reproduce, and otherwise act with respect to such content, in each case to enable us to enhance the operation of the Platform, or to provide products or services to you through or in connection with the Platform. You also grant CANDID a license to aggregate and/or de-identify the information you provide, which CANDID may use for improving the Platform and developing business analytics, as discussed in our Privacy Policy. This is a license only; your ownership in the content you provide is not affected. You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide. In addition, please note that the foregoing licenses are subject to our Privacy Policy.

Prohibited Uses. Use of the Platform for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:

  • Use the Platform to harass, abuse, or threaten any other person;
  • Provide information that is unlawful, harmful, tortious, defamatory, libelous, or invasive of another's privacy;
  • Use the Platform commercially, for benchmarking, or to compile information for a product or service;
  • Copy, download (other than for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Platform by any means except as provided for in these Terms or with the prior written consent of CANDID;
  • Scrape, access, monitor, index, frame, link, or copy any content or information on the Platform by accessing the Platform in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly available portions of the Platform through a browser or accessing the Platform through any approved API;
  • Violate the restrictions in any robot exclusion headers of the Platform, if any, or bypass or circumvent other measures employed to prevent or limit access to the Platform;
  • Post material that advocates illegal activity or discusses illegal activities with the intent to commit them (in either case as determined by CANDID in our sole discretion);
  • Upload or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," or "metering" device, or any malicious code);
  • Attempt to disable, overburden, or impair the proper working of the Platform;
  • Use the Platform to distribute any other party's intellectual property unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on the Platform;
  • Make available trade secrets or other confidential or proprietary information, or provide any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to insider information, or confidential or proprietary information learned or disclosed as part of employment relationships or under non-disclosure agreements;
  • Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity;
  • Frame, inline link, or similarly display the Platform or any portion thereof;
  • Violate these Terms or any guidelines or policies posted by CANDID;
  • Facilitate violations of these Terms or the Privacy Policy or any guidelines or policies posted by CANDID; and/or
  • Interfere with any other party's use and enjoyment of the Platform.

CANDID reserves the right, but not the obligation, in our sole and absolute discretion, to remove any information provided by you, block access to the Platform, and/or deactivate your Platform account for violation of these Terms.

7. Legal Compliance

You acknowledge, consent, and agree that CANDID may access, preserve, and disclose content you provide us if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process (e.g., a subpoena, court order, or warrant); (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of CANDID, our agents and affiliates, our users, and the public; or (5) to address your requests.

In addition, please note that CANDID is not in the business of providing professional services or legal, tax, or other advice through or relating to this Platform. Please consult your Financial Services Providers and/or professional advisors with questions relating to your use of the Platform.

8. WARRANTIES AND DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. CANDID DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE PLATFORM, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE PLATFORM. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF PRODUCTS OR SERVICES OFFERED OR PURCHASED THROUGH THE PLATFORM. PRODUCTS AND SERVICES OFFERED OR PURCHASED (WHETHER OR NOT FOLLOWING SUCH RECOMMENDATIONS AND SUGGESTIONS) THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND FROM CANDID OR OTHERS (UNLESS, WITH RESPECT TO SUCH OTHERS ONLY, PROVIDED EXPRESSLY AND UNAMBIGUOUSLY IN WRITING BY A DESIGNATED THIRD PARTY FOR A SPECIFIC PRODUCT OR SERVICE). THE PLATFORM IS PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CANDID OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY.

CANDID MAKES NO REPRESENTATION, WARRANTY, GUARANTEE, OR PROMISE THAT THE PRODUCTS, SERVICES, OR PLATFORM WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. DECISIONS MADE BY FINANCIAL SERVICES PROVIDERS AND OTHERS AS A RESULT OF THE INFORMATION COMPILED FROM AND ABOUT YOU THROUGH THE PLATFORM ARE THE SOLE RESPONSIBILITY OF SUCH FINANCIAL SERVICES PROVIDERS AND OTHERS, AND ARE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH FINANCIAL SERVICES PROVIDERS AND OTHERS.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CANDID BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (B) THE DECISIONS MADE BY FINANCIAL SERVICES PROVIDERS AND OTHERS AS A RESULT OF THE INFORMATION COMPILED FROM AND ABOUT YOU THROUGH THE PLATFORM; OR, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CANDID IN CONNECTION WITH THE PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

In the event that you have a dispute with any third party, you agree that CANDID is under no obligation to become involved on your behalf. You release CANDID, and our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way relating to such disputes and/or the Platform. If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.

10. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Sections 8 and 9. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, the limitations in Sections 8 and 9 specifically do apply to you.

11. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CANDID AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AND REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, MADE IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OR OUR PRIVACY POLICY, AND/OR YOUR SUBMISSION, POSTING, OR TRANSMISSION OF CONTENT TO THE PLATFORM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT, YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

12. Third Party Links and Platform

CANDID has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in, any third-party websites or by any third party that you interact with through the Platform. In addition, CANDID will not and cannot monitor, verify, censor, or edit the content of any third-party website or service. By using the Platform, you release and hold us harmless from any and all liability arising from your use of any third-party website or service, and you acknowledge and agree that the terms and privacy policies of such third parties govern your interactions with and use of such websites and services.

13. Modification and Termination

Modification of Platform. CANDID reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof), with or without notice. You agree that CANDID shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform

Termination. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Platform at any time for any or no reason at all, with or without notice to you. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other agreements, (b) requests by law enforcement or government agencies, (c) discontinuance or material modification of the Platform (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) activities related to protecting the rights, property, or safety of CANDID, our agents and affiliates, or our users and the public, or (g) if you provide any information, including CANDID Account Credentials or Submitted Information, that is false, inaccurate, out-of-date, or incomplete. If we terminate your right to access the Platform, these Term will terminate and all rights you have to access the Platform will immediately terminate; however, certain provisions of these Terms will still apply post-termination, including without limitation, the “Mandatory Arbitration and Class Action Waiver” provisions. Termination of your Platform account may also include, at CANDID's sole discretion, the deletion of your Platform account and/or content.

14. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Application. You and CANDID agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 15 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@candid.inc, and provide a brief written description of the dispute and your contact information (including your username, if your dispute relates to a Platform account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the “Initial Dispute Resolution” provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 15.7 below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms' formation, performance, and breach), the parties' relationship with each other, and/or your use of CANDID shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.

Arbitrator's Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, CANDID will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, CANDID will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.

Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party's respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CANDID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at info@candid.inc with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of Platform account creation. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, CANDID also will not be bound by them.

Changes to This Section. CANDID will provide thirty (30) days' notice of any changes to this section by posting on the Platform. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Mandatory Arbitration and Class Action Waiver”, and the court or arbitrator shall apply the first “Mandatory Arbitration and Class Action Waiver” section in existence after you began using the Platform.

Survival. This “Mandatory Arbitration and Class Action Waiver” section shall survive any termination of your use of the Platform.

15. Controlling Law and Severability

These Terms will be interpreted in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. If any part of these Terms is considered invalid, it shall be enforced as effectively as possible while all other provisions remain in full effect.

16. General Terms

Force Majeure. Under no circumstances shall CANDID or our licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.

No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of CANDID to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Statute of Limitations. Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and CANDID and govern your use of the Platform, products, and services provided by CANDID, and supersede any prior agreements between you and CANDID on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by CANDID without restriction. These Terms bind and inure to the benefit of each party and the party's successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of CANDID. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Notices. We may deliver notice to you by email, posting a notice on the Platform, or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: info@candid.inc

17. Questions

If you have any questions about these Terms, please contact us by email at info@candid.inc