Acceptance of Contract Terms
The following forms a legal agreement between you and Paradigm Health & Wellness, Inc. (“Paradigm”). By using, accessing, linking, transacting on, or purchasing from this site you are acknowledging that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations. If you do not agree to these terms please do not use this site.
Use Restrictions
The copyright in all material provided on this site is held by Paradigm. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of Paradigm. Permission is granted to display, copy or distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions or upon the request of Paradigm. Upon termination you must immediately destroy any downloaded and printed materials. You also can not “mirror” any material contained on this site. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, and various other regulations and statutes.
Trademarks
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this site are registered and unregistered Trademarks of Paradigm and others. Nothing on this site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. Paradigm enforces its intellectual property rights to the fullest extent of the law. Paradigm prohibits use of the Paradigm logo as a “hot” link to the Paradigm site unless establishment of such a link is approved in advance by Paradigm in writing.
Disclaimer of Warranty
THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, PARADIGM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. PARADIGM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR PRODUCTS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PARADIGM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS OR PRODUCTS SOLD ON THIS SITE, EVEN IF PARADIGM OR A PARADIGM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS OR PRODUCTS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY ITEM YOU ASSUME ANY COST THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Errors
In the event a product is listed at an incorrect price or specification due to a typographical or any other error, Paradigm shall have the right to refuse or cancel any orders placed for said product(s). If your credit card has already been charged for a purchase and the order is canceled, Paradigm will issue a credit to your credit card account in the amount charged.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Paradigm reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Sales Taxes and Shipping
Paradigm withholds applicable sales tax for orders to be delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other location. All shipping delivery schedules and arrival dates are approximations. Paradigm does not guaranty delivery by any specific date.
Transmissions
Any material, information or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Paradigm or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to Paradigm will be handled in accordance with Paradigm’s Privacy Policy. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under the law.
Children’s Online Policy
Paradigmhw.com sells products intended for purchase by adults. If you make a purchase on Paradigmhw.com, you are representing that you are an adult over the age of 18.
Links to Third-Party Web Sites
This site may or may not provide links or references to other sites. If provided, Paradigm has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained in or at these other sites, and shall not be liable for any damages or injury arising from the content of these other sites. Paradigm does not endorse companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to the users of this site and, if you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.
General Disclaimers
No representation is made or warranty given as to the completeness or accuracy of the contents on this site. The content may be shown as approximate, or may be incomplete, may contain errors, may appear slightly different in size or color than the actual items or may have become out of date. The content on this site is provided without warranty of any kind. Paradigm shall not be liable for any damage suffered by or injury caused to you including any direct, indirect, special, consequential, and/or incidental damages, resulting from using or reliance on the content provided on this site or from your access to or inability to access this site. No advice or information, whether oral or written, obtained by a visitor or customer from Paradigm shall create any warranty not expressly made herein. In addition, Paradigm may periodically schedules system downtime for maintenance and other purposes, and unplanned system outages also may occur. Furthermore, Paradigm may have some products being out of stock, on back order, or discontinued. Paradigm has no liability whatsoever for the consequences of the results of unavailability of the Paradigm site or for any loss of data or transactions caused by planned or unplanned system outages or the delay or non-delivery of products caused by the limitation of stocks.
Term of Use Revisions
Paradigm may at any time revise these terms of use by updating this posting. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use by which you are bound.
Waiver
No delay or omission by Paradigm to exercise any right occurring upon any noncompliance on your part with respect to any of the terms herein shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Paradigm of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
Jurisdiction and Dispute Resolution
Any claims arising from the use of this site, including, without limitations, for any and all transactions on or products purchased from this site, shall be governed by the laws of the State of California without regard to conflict of law rule, and Los Angeles County, California shall be the sole jurisdiction and venue for any litigation arising hereunder, regardless of your location when you used or ordered products from this site. In the event you have any claim against Paradigm or any of its agents or employees arising from the use of or purchase from this site, you agree to (i) provide a 60-day written notice of your claim specifying the exact nature of your claim with all supporting proof, and (ii) if after 60 days the parties were unable to reach a resolution, you agree to engage in a meaningful mediation through a neutral mediator, in Los Angeles County, California, to attempt a resolution. You agree that the performance the aforesaid conditions (i) and (ii) are absolute conditions precedent to the initiation of any legal or administrative claim by You against Paradigm or any of its agents or employees, and that failure to meet these conditions precedent shall subject your legal or administrative claims to summary dismissal.
Limitation of Damages
In the event of any claim arising from the use of or purchase from this site, you agree that your maximum legal or equitable damages or remedies are limited to the amount of any funds you paid to Paradigm for any use of or purchase made from this site. You agree that under no circumstance shall you be entitled to recover, or Paradigm be liable for, more than the amount of any funds you paid, regardless of what common law, statute, or theory of law is relied upon by you, and this amount of limitation of damages and liability is inclusive of any claims for costs of suit and attorney’s fees.
Limitation of Action
Any and all legal or administrative action against Paradigm, in addition to having to satisfy all conditions precedent as set forth herein or any other legal requirements, shall be commenced no later than one year from the date of occurrence giving rise to the claim.
Severability
If any provision of the terms of use herein is determined to be invalid, illegal, or otherwise unenforceable, such determination will not affect any other provision of these terms of use, which shall remain in full force and effect.
Complete Agreement
These terms of use constitute the complete agreement between you and Paradigm on the subject matter covered and supersede any and all prior or contemporaneous communications or agreements between you and Paradigm. These terms of use may not be modified, changed, or altered by any representative of Paradigm unless the change is evidenced in writing and signed by an officer of Paradigm.