Welcome to Candue.io (as further defined below, “App”), operated by Candue, Inc., a California corporation (“Candue” or “we”, “us” or “our”). Our services help students (each, a “Student”), the Student’s parent(s), guardian(s) and/or caregiver(s) (each for purposes of these Terms, a “Parent”), tutors, teachers, educational specialists and professionals of the Student (collectively, “Teachers”) (Students, Parents and Teachers collectively, “Users”) plan, analyze, schedule, monitor progress and completion, and send reminders of educational homework assignments.
Please read these terms, disclaimers and limitations of liability and other terms and conditions herein (collectively, the “Terms”) carefully before using the Candue App and the Candue products, software, services and web sites (collectively, the “Candue Service”).
By clicking on “I Agree” to these Terms and/or by using the Candue Service, User acknowledges that User has read and understand, and that User unconditionally agrees to be bound by these Terms. For purposes of this paragraph, “User” means (a) if the Account is being opened for a Student, the Student if the Student is over the age of 18 (or a Parent if the Student is under the age of 18), and (b) if the Account is being opened for a Teacher and/or the school district or entity associated therewith, the Teacher. Students and Teachers may at their discretion invite others access to the Candue Service or related information at their own sole and exclusive liability. We at Candue are not responsible for who they invite.
If User does not unconditionally agree to all of the terms and conditions of these Terms, User may not use the Candue Service. To reject these terms, User must click “I Don’t Agree”, and cease User’s use of the App and the Candue Service.
We may modify, replace, refuse access to, suspend or discontinue the Candue Service, or change these Terms or any other terms concerning the Candue Service from time to time. Any change will be effective ten (10) days after the earlier of the date we notify User directly by electronic mail or other communication, or on the date User specifically agrees to the modified Terms. The modified Terms will only affect Users, and our, rights and obligations on or after the effective date of the modification. Unless specifically set forth otherwise in these Terms regarding dispute resolution, if the modified Terms are not acceptable to User, User’s only recourse is to cease using the Candue Service.
“App” means the Candue application available on the Website, downloadable from App stores or otherwise which enables a User to use certain portions or features of the Candue Service.
“Assignments” means educational homework assignment, test preparations, school projects, academic preparations and other school or academic related work assigned by any party to a Student or voluntarily undertaken by a Student.
“Content” means information, dates, calendar, push notification, emails, text, graphics, images, music, software, audio, video, information or other materials and includes, without limitation, graphic user interfaces, user experience features, CD Content and User Content.
“CD Content” means Content that Candue makes available through the Service including any Content licensed from a third party, but excluding User Content.
“User” means a person who has completed Candue’s account registration process, as described under the “Account Registration” section below.
“User Content” means Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Service including, without limitation, scheduling information, data regarding Assignment completion, data regarding Assignment difficulty, and geolocation data.
“Website” means our website located at www.candue.io and other sites maintained by or for Candue, as updated from time to time.
If there is a conflict between these Terms and any terms contained on the Website, these Terms will prevail unless and to the extent the Website expressly states certain terms that are specifically intended to control over these Terms.
In order to access certain features of the Candue Service, including to (i) create and manage Assignments, and (ii) post any User Content through the Candue Service, User must register and create an account (“Account”). User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. Candue reserves the right to suspend or terminate User’s Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. User will be asked to create a password (“password” for purposes of these Terms includes other unique User identification features) when User creates User’s Account. Candue does not have access to your password and if you forget User’s password then User will be asked to create a new one. User is responsible for safeguarding User’s password. User agrees to not disclose User’s password to any third party. User will take sole responsibility for any activities or actions under User’s Account, whether or not User has authorized such activities or actions. User will immediately change User’s password and notify Candue upon detecting any unauthorized use of User’s Account by emailing info@Candue.io.
User agrees that User must evaluate, and User shall bear exclusively, all risks, obligations, and liabilities associated with using the Candue Service.
Candue does not perform any background check on any Parent or Teacher who may have access to a Student’s information using the Candue Service.
USER AGREES THAT CANDUE HAS NO RESPONSIBILITY OR LIABILITY TO USER RELATED TO ANY SERVICES PROVIDED TO USER BY TEACHERS OR THIRD PARTIES THROUGH THE USE OR ANY ACCESS OF THE CANDUE SERVICES. CANDUE EXPRESSLY DISCLAIMS, AND USER EXPRESSLY RELEASES CANDUE AND ITS AGENTS, REPRESENTATIVES AND AFFILIATES FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATED TO OR ARISING OUT OF ANY ACTS OR OMISSIONS OF CANDUE, ANY PARENT, TEACHER, SCHOOL, EDUCATIONAL PROFESSIONAL, TUTOR OR THIRD PARTY.
Candue is not responsible for the accuracy or reliability of any information on the Website including, without limitation, any Content.
When using the Candue Service, information will be transmitted over a medium that may be beyond the control and jurisdiction of Candue and its suppliers. Accordingly, Candue assumes no responsibility or liability for or relating to the delay, failure, interruption, interception, wrongful retrieval, storage failure, or corruption of any data or other information transmitted in connection with use of the Candue Service. Carrier charges may apply for receiving or replying to SMS text messages. User is solely responsible for any costs and charges User may incur when receiving or replying to SMS text messages from or on behalf of Candue.
As a condition to accessing or using any of the Candue Service App, or any Content, User shall not do any of the following:
Candue will have the right to investigate, including reviewing User’s Account or any User Account, for any reason. Candue may discontinue User’s use and access to any of the Candue Service or terminate User’s Account for any reason, and may otherwise prosecute User’s violation of these Terms to the fullest extent of the law. Candue may involve, and cooperate with, law enforcement authorities, in prosecuting Users who violate these Terms. User acknowledges that Candue has no obligation to monitor User’s access to or use any of the Candue Service or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Candue Service to ensure User’s compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Candue reserves the right, at any time and without prior notice, to remove or disable access to any Content that Candue, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Candue Service.
We (and if applicable our third party licensors) own the Candue Service, App and CD Content.
Subject to User’s compliance with these Terms and payment of all obligations to Candue, Candue grants User a limited, non-exclusive, non-transferable license to view, download and print any CD Content solely for User’s personal and non-commercial purposes in connection with User’s use of the Candue Service. User has no right to sublicense, lease or otherwise transfer the license rights granted in this section. Candue reserves all rights not expressly granted in these Terms, and no licenses or rights shall arise by estoppel or implication.
By making available any User Content on or through the Candue Service, User hereby grants to Candue a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid up license, with the right to sublicense to third parties with whom User chooses to share access to User’s User Content, to access, use, view, copy, adapt, reformat, download, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit User’s User Content on, through, or by means of, the Candue Service for the limited purpose of making User’s User Content available to Parents and Teachers, and to third parties with whom User chooses to share access to any of your User Content via the Candue Service.
User acknowledges and agrees that User is solely responsible for all User Content that User makes available through the Candue Service. Accordingly, User represents and warrants that: (i) User has all rights, licenses, consents and releases that are necessary to grant to Candue the rights in such User Content, as contemplated under these Terms, including providing to Candue personally identifiable information about Participants and other third parties as part of User Content; and (ii) neither the User Content nor User’s posting, uploading, publication, submission or transmittal of the User Content or Candue’s use of the User Content (or any portion thereof) on, through or by means of, the Candue Service will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, including providing Candue with personal information of third parties including third parties who are the subject of User Content.
We welcome and encourage User to provide feedback, comments and suggestions for improvements to the Candue Service (“Feedback”). User may submit Feedback by emailing us at firstname.lastname@example.org, or via the Contact Us link on the App. We own any Feedback User submits to us.
Candue does not recommend and does not endorse the Content on any third-party websites or apps, any product if any that is advertised through the Candue Service. Candue is not responsible for the Content of linked third-party sites or apps, sites framed within the Website or App, third-party sites or apps provided as search results, or third-party advertisements if any, and does not make any representations regarding their content or accuracy. User’s use of third-party websites or apps is at User’s own risk and subject to the Terms for such sites.
Candue reserves the right to revoke User’s access to and use of the Candue Service and Content at any time, with or without cause. All fees, payable or paid by users are non-refundable under all circumstances. In the event Candue terminates User’s Account, User will remain liable for all amounts due to Candue. User may cancel User’s Account at any time by sending an email making such request to email@example.com.
The use of the Services and the Content is at User’s own risk. Additionally, User understands and expressly agrees that we do not have control over, or assume any responsibility for, the quality, accuracy, or reliability of the Candue Service.
The CANDUE SERVICES INCLUDING, WITHOUT LIMITATION, THE APP, the website, and the Content, are provided “as is”. CANDUE, ITS LICENSORS, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF CONDUCT.
USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS USING OR ACCESSING THE CANDUE SERVICE AT USER’S OWN RISK AND WITH NO GUARANTEE, REPRESENTATION OR COMMITMENT OF ANY KIND BY OR ON CANDUE’S BEHALF AS TO ANY RESULT FROM USE OR ACCESS OF THE CANDUE SERVICE, INCLUDING ANY ACADEMIC OR OTHER PERFORMANCE RESULT.
in no event shall CANDUE, its licensors, its suppliers, or any third parties be liable for any incidental, STATUTORY, PUNITIVE, EXEMPLARY, INDIRECT and/OR consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use, ANY CANDUE SERVICEs INCLUDING, WITHOUT LIMITATION, the website, THE APP, or ANY Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Candue is advised of the possibility of such damages. Candue’s aggregate liability to USER for any and all claims ASSOCIATED WITH THE CANDUE SERVICE OR THE USER OR ACCESS THEREOF shall be the lesser of actual damages incurred by USER or US$10.00. Candue is not liable for any property damage or personal injury, including death, caused by USER’S use or misuse of the app, the Website, or the Content.
No claim arising out of or relating to User’s use of the Candue Service, or any Content, may be brought following one (1) year after the date the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
User will indemnify us and agree to hold us, and our owners, employees, contractors, officers, directors, affiliates and agents, and their respective successors and assigns, harmless from any and all damages, losses and costs (including, without limitation, attorneys’ fees) related to third party claims, charges or investigations, arising out of or relating to (a) User’s use of or access to any part or features of the Candue Service, and any representation or benchmarking you may make or cause to be made to any third party; (b) User’s failure to comply with these Terms including, without limitation, any Content that User submits that violates third party rights or applicable laws; (c) our use of User’s Content; (d) User’s use or reliance on any Content posted on the Candue Service, (e) any disclosure of any User Content that User may have uploaded to the Candue Service, (f) any inaccuracy, incompleteness, and failure to provide any User Content; (g) any item for which these Terms allocate responsibility to User, or (h) any activity in which User engages on or through the Candue Service.
Subject to the section below titled “Dispute Resolution”, User expressly agrees that exclusive jurisdiction for any dispute with Candue, or in any way relating to or arising out of User’s use of any of the Candue Service, resides in the courts of the County of Alameda, State of California and User further agrees and expressly consents to the exercise of exclusive personal jurisdiction in the courts of Alameda County in the State of California, USA in connection with any such dispute including any claim involving Candue or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles or the United Nations Convention on the International Sale of Goods. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
User understands and agrees that by entering into these Terms, User and Candue are each waiving the right to trial by jury or to participate in a class action or other representative proceeding.
User agrees that any and all disputes, claims or controversies arising out of or related to the Candue Service or these Terms, including any claims under any statue or regulation (“Claim”), shall be resolved by binding arbitration between User and Candue. Any arbitration under these Terms shall be administered by the American Arbitration Association (“AAA”) and pursuant to its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, except as modified by this section and will be conducted in the County of Alameda, State of California, United States of America. English shall be the official language of this Agreement. All proceedings shall be conducted in English, and all documentary evidence shall be translated into English and shall be deemed to be controlling for the purposes of any dispute resolution proceeding.
Disputes shall be arbitrated on an individual basis. There shall be no right to or authority for any dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. Furthermore, disputes brought by either User or us against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party unless agreed to in writing by all parties. No arbitration award or decision on any disputes shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. The arbitrator’s authority to resolve disputes and to make awards is limited to disputes between User and Candue alone and is subject to the Limitations of Liability set forth in these Terms. Should any portion of this paragraph be stricken from these Terms or deemed otherwise unenforceable, then this entire Dispute Resolution section shall be stricken from these Terms.
Notwithstanding the modification provisions of these Terms, if Candue changes this “Dispute Resolution” section after the date User first accepted these Terms (or accepted any subsequent changes to these Terms), User may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Candue’s email to User notifying User of such change. By rejecting any change, User is agreeing that User will arbitrate any dispute between User and Candue in accordance with the provisions of this “Dispute Resolution” section as of the date User first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms, any terms contained on the Website, and any terms to which User agrees in User’s capacity as a User, all of which are incorporated into these Terms, constitute the entire and exclusive understanding and agreement between Candue and User regarding the Candue Service including, without limitation, the App and any Content. These Terms supersede and replace any and all prior oral or written understandings or agreements between Candue and User regarding the Candue Service.
User shall not assign or transfer these Terms, by operation of law or otherwise, without Candue’s prior written consent. Any attempt by User to assign or transfer these Terms, without such consent, will be null and of no effect. Candue may assign or transfer these Terms, at any time and at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms in User’s Account, will be in writing and given by Candue: (i) via email (in each case to the address that User provide when opening User’s account); or (ii) by posting to the screen following the login screen when User accesses the Candue Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Candue to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Candue. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction or arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If User has any questions about these Terms, please contact Candue at email@example.com.
In any instances where the candue Service or a portion thereof is provided in a pre-general release “beta” version, then in addition to the relevant provisions of these Terms, the beta version is provided “as is”. Updates to the beta Version may not be backwards compatible, may not be configured in The same manner, may not contain all working features and Functionalities, and may use different user interfaces. Candue Disclaims and makes no express or implied warranty in connection With the beta version, including without limitation any warranty Of merchantability, noninfringement and fitness for a particular Purpose, or arising from a course of dealing, usage or trade Practice.