Total Candor LLC
PLEASE READ THIS VISITOR AGREEMENT CAREFULLY. Total Candor LLC (“TC”) requires that all the visitors to our site on the World Wide Web (the “Site”) adhere to the following rules and regulations. By accessing the Site, you indicate your acknowledgment and acceptance of these terms and conditions.
All information, content, forms, photographs, graphics, surveys, and software available on or through the Site (collectively “Content”) is owned or controlled by TC. The Content is protected by U.S. and foreign copyright common law rights and statutes. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from, or using any Content available on or through the Site [for commercial or public purposes,] without the prior written permission of TC.
The trademarks, service marks, slogans, logos, trade dress and other identifiers displayed on the Site, including without limitation TOTAL CANDOR (collectively, the “Marks”), are the property of TC and/or its agents, licensors, site sponsors, participating advertisers, media affiliates and other content providers. The Marks are protected by U.S. and foreign trademark common law rights and statutes. Users of the Site are prohibited from using any of the Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the written permission of TC or such third party that may own the Marks.
All inquiries regarding the Content and/or the Marks should be directed to: Total Candor, LLC, Attn: Trademarks, 2456 Lafayette Rd., Suite 12, Portsmouth, NH 03801.
THIS SITE MAY PROVIDE A LINK TO OTHER SITES THAT ALLOWS THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL OR BRINGS THE THIRD-PARTY MATERIAL INTO THIS SITE VIA “INVERSE” HYPERLINKS AND FRAMING TECHNOLOGY (A “LINKED SITE”). TC HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT TC HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND TC URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
TC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN TC, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL TC OR ITS DATA OR CONTENT PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES, MISCALCULATIONS, OR TYPOGRAPHICAL ERRORS, AND TC AND ITS DATA AND CONTENT PROVIDERS SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES, MISCALCULATIONS OR ERRORS. TC AND ITS DATA AND CONTENT PROVIDERS DO NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. TC IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. TC MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. TC MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
YOU AGREE THAT NEITHER TC, NOR ITS DATA AND CONTENT PROVIDERS, THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF TC IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. TC CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE, AVAILABLE TO YOU.
CONFIDENTIALITY OF USER COMMUNICATIONS
User should be aware that Linked Sites may contain confidentiality and/or privacy provisions that differ from the provisions provided herein. TC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
All non-personally identifiable information submitted to totalcandor.com via this Site’s collection forms shall be deemed and remain the property of TC. By submitting any ideas, comments, suggestions, or questions to totalcandor.com, you automatically grant TC license to use, reproduce, adapt, modify, translate, distribute, display, or incorporate such submissions in any form, medium or technology now known or later developed. TC shall not be subject to any obligations of confidentiality regarding submitted non-personally identifiable information except as specifically agreed by TC or required by law. If you have questions or concerns regarding this statement, you should first contact TC by e‑mailing email@example.com or via mail at Total Candor, LLC, 2456 Lafayette Rd., Suite 12, Portsmouth, NH 03801.
CHANGES TO RULES AND REGULATIONS
TC may modify its site, services or this agreement at any time by changing this Agreement or other information on totalcandor.com. Such modification includes, without limitation, restricting access, suspending, or discontinuing service, changing the rules of use, and terminating your use. By using totalcandor.com after such changes, you agree to be bound by this Agreement, as modified.
VIOLATIONS OF RULES AND REGULATIONS
TC reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
USE OF “COOKIE” FILE FEATURES
Users of this Site agree to submit to the laws of the State of New Hampshire, USA and applicable federal law without regard to conflicts of laws principles. The parties shall bring any cause of action arising under this Agreement in a court in the State of New Hampshire. Access to and use of totalcandor.com are subject to all applicable United States and foreign laws and regulations, including export laws. If any provision herein is held to be illegal or unenforceable, that provision shall be limited the minimum extent necessary so that it is enforceable. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior agreements. A waiver of a provision of this Agreement shall not constitute a waiver of any other provisions. The headings are for convenience only and do not modify any provisions.
BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THIS VISITOR AGREEMENT.