Terms of Service

DISCLAIMER

The following are the terms of an agreement between you and PARADYM. By accessing or using this Web site, you acknowledge that you have read, understand, and agree to be bound by these terms and comply with all applicable laws and regulations, including export and re-export control laws and regulations. These Terms of Service are a legally binding contract between you and Paradym regarding your use of the Service. If you do not agree to these terms, please do not use this Web site. PARADYM may, without notice to you, at any time, revise these Terms of Use and any other information contained on this Website. PARADYM may also make improvements or changes in the products, services, or programs described on this Site at any time without notice. 

The information provided by PARADYM ("we," "us," or "our") on paradymev.com (the "Site") is for general informational purposes only. From time to time, this Web site may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Web site. Confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described on this Website. All information on the Site is provided in good faith. However, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK. 

ELIGIBILITY

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years old

ARBITRATION NOTICE

You agree that disputes arising under these Terms will be resolved by binding, individual arbitration. By accepting these terms, you and Paradym are waiving the right to trial by jury or participating in a class action or representative proceeding. Further, unless both you and PARADYM agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. You agree to give up your right to go to court and to assert or defend your rights under this contract (except for matters that may be taken to small claims court). A neutral arbitrator will determine your rights and not a judge or jury.

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. 

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. 

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE E-MAILED TO PARADYM, PRIVACY@PARADYMEV.COM WITH THE SUBJECT LINE “OPT-OUT’ AND INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. 

GOVERNING LAW

Any dispute, controversy, or claim arising out of (or relating to) this Agreement (including the validity, breach, or termination thereof) will be referred to and finally settled by arbitration at the Hong Kong International Arbitration Center (the "HKIAC") in Hong Kong. The arbitration shall be conducted in accordance with the HKIAC Administered Arbitration Rules in force at the time of the initiation of the arbitration, which rules are deemed to be incorporated by reference into this subsection. The number of arbitrators shall be three (3), each side in dispute shall appoint one arbitrator, and the third arbitrator shall be appointed by the first two arbitrators. The arbitration shall be conducted in the English language. The award of the arbitral tribunal shall be final and binding upon the Parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any Party to the dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal's adjudication of the dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication. Judgment upon any award rendered by the arbitrators may be entered in any court of competent jurisdiction.

GENERAL

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. PARADYM does not grant you any express or implied rights or licenses under patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Site on another Web site or in any other media. Your failure to comply with such terms or any of the terms on this Site will result in automatic termination of any rights granted to you without prior notice. You must immediately destroy all copies of downloaded materials in your possession, custody or control.

FORWARD-LOOKING AND CAUTIONARY STATEMENTS

Statements set forth throughout this Website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially.

CONFIDENTIAL INFORMATION

PARADYM does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to PARADYM will be deemed NOT to be confidential. By sending PARADYM any information or material, you grant PARADYM an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use those materials or information. You also agree that PARADYM is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. 

PRIVACY POLICY

 We take your privacy seriously. We may collect and store any personal information that you knowingly provide to us, as well as information that we automatically receive from your browser or device. We may communicate with you if you’ve provided us the means to do so, unless you inform us that you do not want to receive communications from us. We do not rent or sell your personal information to anyone. We may share the personally identifiable information you provide us with third parties, but only as necessary to provide this website and our associated services. In addition, we may share information to third parties on a non-personal or aggregated basis such that any individual would not be able to be identified.

GLOBAL AVAILABILITY

Information PARADYM publishes on the Internet may contain references or cross-references to PARADYM products, programs, and services that are not announced or available in your country. Such references do not imply that PARADYM intends to announce or make available such products, programs, or services in your country. Please consult your local PARADYM business contact for information regarding the products, programs, and services that may be available to you.

BUSINESS RELATIONSHIPS

This Website may provide links or references to non-PARADYM Web sites and resources. PARADYM makes no representations, warranties, or other commitments or endorsements whatsoever about any non-PARADYM Web sites or third-party resources that may be referenced, accessible from, or linked to any PARADYM site. In addition, PARADYM is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a PARADYM site. When you access a non-PARADYM Web site, even one that may contain the PARADYM-logo, please understand that it is independent of PARADYM and that PARADYM does not control the content on that Website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs and to protect your information.

LINKING TO THIS SITE

PARADYM consents only to links to this Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with PARADYM; (c) imply that PARADYM approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about PARADYM or otherwise damage the goodwill associated with the PARADYM name or trademarks. As a further condition to being permitted to link to this Site, you agree that PARADYM may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to remove all links to this Website immediately and cease any related use of PARADYM trademarks.

EXTERNAL LINKS DISCLAIMER

 The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

PROHIBITED CONDUCT 

You agree not to:

a) perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;

b) interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit the use or copying of any content; 

c) use the Service for any illegal purpose or in violation of any local, state, national, or international law;

d) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

e) interfere with the operation of the Service or any user's enjoyment of the Service, including by uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; 

f) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service

h) Impersonate another user

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. PARADYM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, PARADYM MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PARADYM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF PARADYM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. 

PROPRIETARY RIGHTS 

The Service is owned and operated by PARAYM. The design, graphics, products, services, and all other elements provided by PARADYM are protected by intellectual property and other laws. All Materials included in are the property of PARADYM OR its third party partners. Except as expressly authorized by PARADYM, you may not make use of the Materials. 

TESTIMONIALS DISCLAIMER

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The testimonials on the Site are submitted in various forms such as quotes, text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.