Welcome to Paragon, operated by Paragon VMS USA Corp ("Paragon," "we," or "our").
You may become a “Member” of the Service, which shall be defined as a person who uses the Service and/or provides information to the Service, whether as a free or paid member. NOTE THAT SECTION 27 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION AND CLASS ACTION WAIVER CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Description and Use of the Service and Products. Paragon provides vitamins and nutritional supplements packaged for daily use and other Products. Through our Platform, we offer health and wellness recommendations based on information you provide and subscription Services for the vitamins and nutritional supplements purchased through our platform.
3. Access & and Retention: In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Paragon, which may be revoked at any time, for any reason, in Paragon’s sole discretion.
6. Account Creation and Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to
(a) immediately notify Paragon of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Paragon will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Paragon account.
10. Shipping; Shipping Costs and Taxes.; Delivery. If you elect to make a purchase, your total price will include the price of the product plus any applicable shipping costs and sales tax. The shipping costs will depend on your shipping address, as well as the weight and size of the package(s) being sent to you; sales tax will depend on both your shipping address and the sales tax rate in effect at the time you make a purchase. If goods sold over the internet are not taxable in your state, you will not be charged a sales tax. If a Product is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, including without limitation variances between processor programs and changes in tax rates. Paragon reserves the right to increase, decrease, add or eliminate shipping and handling charges from time to time; provided, however, that we will provide you with prior notice of the charges applicable to you before you make your purchase. In many cases, shipping is handled by a third party and Paragon does not have control over the actual delivery of your Product. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. Because all Products purchased from us are made pursuant to a shipment contract, title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier or shipper.
You are solely responsible for inspecting all Products you receive from us for any damage or other issues upon delivery, and for providing us with prompt written notification of any defects therein.
Paragon presumes that any individual at your address who accepts a delivery from Paragon is authorized to receive such delivery. If you are do not take personal delivery of your Products, the courier may leave the package(s) at your door or in your mailbox. In the event of inclement weather or other events beyond our control that prevent or interfere with our ability to deliver your Order, we will make reasonable efforts to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that is not feasible to make timely delivery of your Order, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
11. Modifications to Service, Termination of Service. Paragon reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Paragon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Blocking of IP Addresses. In order to protect the integrity of the Services, Paragon reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.
14. Geographic Restrictions. Paragon does not warrant or guarantee that the Service, or any of its content, is or will be accessible and/or legally permissible outside of the United States. Access to the Service, or certain parts thereof, may not be legal by certain persons or in certain countries. You acknowledge and agree that if you choose to access the Service from outside the United States, you do so entirely on your own initiative and at your own risk, and that you are solely responsible for compliance with local laws.
15. Third Party Content. Paragon may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Paragon does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Paragon does not create Third-Party Content, nor does Paragon update or monitor it. Paragon is therefore not responsible for any Third-Party Content on the Service. Members use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to Paragon users (collectively, the “Reference Sites”). Paragon does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
16. Intellectual Property. Paragon, the Paragon logos and any other product or service name or slogan contained in the Service are trademarks of Paragon or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Paragon or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Paragon may provide you from time to time.
You may not use any metatags or any other hidden text utilizing "Paragon" or any other name, trademark or product or service name of Paragon without our prior written permission. In addition, the look and feel of the Paragon Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Paragon and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Paragon. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Paragon’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
17. Feedback. In the event that you send any unsolicited ideas, suggestions, or feedback to Paragon (collectively, the “Feedback”), you acknowledge and agree that such Feedback is non-confidential and non-proprietary to you, and you grant to Paragon a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such Feedback for any reason or purpose, without attribution or compensation to you.
19. Disclaimer of Medical Advice. CERTAIN CONTENT ON THE WEBSITES AND/OR SERVICE MAY CONTAIN INFORMATION ABOUT NATURAL PROCESSES, NATURAL INGREDIENTS, AND/OR NATURAL THERAPIES THAT HAVE NOT BEEN EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. THE WEBSITES AND/OR SERVICE MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THIS INFORMATION IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. THIS INFORMATION IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. ALWAYS SEEK THE ADVICE OF A PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS THAT YOU HAVE WITH RESPECT TO A MEDICAL CONDITION OR TREATMENT, OR A CHANGE IN YOUR HEALTH CARE OR PERSONAL CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ONLINE OR ELSEWHERE. PARAGON IS NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF ANY CONTENT CONTAINED ON THE WEBSITES OR SERVICE, INCLUDING WITHOUT LIMITATION YOUR CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOUR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON SUCH CONTENT.
SOME OF OUR PRODUCTS MAY CONTAIN NUTS OR TRACES OF NUTS, OR MAY COME INTO CONTACT WITH NUTS DURING PRODUCTION. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PRIOR TO CONSUMING ANY OF OUR PRODUCTS.
20. Limitation of Liability. In no event shall Paragon be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites, Service, or Products, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from Paragon or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Paragon makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL PARAGON, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF PARAGON HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL PARAGON HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES, SERVICE, OR PRODUCTS, OR YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO PHYSICAL INJURY, DEATH, EMOTIONAL DISTRESS, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF PARAGON HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT PARAGON SHALL HAVE NO LIABILITY FOR DAMAGES ARISING FROM ANY DISPUTE BETWEEN YOURSELF AND ANOTHER USER OF THE SERVICE.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Paragon and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites, Service or Products shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Paragon during the six months prior to notice to Paragon of the dispute for which the remedy is sought.
21. Reliance on Information Posted. The information presented on or through the Websites and/or Service is made available solely for general information purposes. Paragon does not warrant the accuracy, completeness or usefulness of any such information. Any reliance you place on such information is strictly at your own risk. Paragon disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, content creators, aggregators and/or reporting services. All statements and/or opinions expressed in such materials, and all articles and responses to questions and/or other content, other than content provided by Paragon, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Paragon, and Paragon is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
24. Parental or Guardian Permission. Some of the content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE PARAGON THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
25. Communications from Paragon. Paragon may, at its sole discretion, provide you with notices, including without limitation notices regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including without limitation by email, regular mail, SMS, MMS, text message or postings on the Service. By using or accessing the Service, you expressly consent to receive such communications. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You acknowledge and agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
26. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New Jersey, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New Jersey with the same force and effect as if such service had been made within the State of New Jersey. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
27. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New Jersey, County of Mercer, or the United States District Court for the District of New Jersey. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New Jersey, County of Mercer, or the United States District Court for the District of New Jersey.
Please contact us with any questions regarding this agreement. Paragon is a trademark of Paragon VMS USA Corp.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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