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Privacy Policy


Paradigm Health and Wellness. Inc. is committed to protecting your privacy. This privacy statement discloses what information we gather about you when you visit www.paradigmhw.com, fitnessreality.com, mycloudfitness.com or any of our other sites (our "Web Sites"). It also describes how we use that information. If you have any questions or concerns about our Privacy Notice, please email us at privacy@paradigmhw.com.

Paradigmhw.com Privacy Notice

By visiting the above Web Sites you agree to accept the practices described in this Privacy Notice.

Changes to this Privacy Notice and Terms of Use:

This Privacy Notice and our Terms of Use will change over time and the use of information which we gather now is subject to these Notices and Terms as modified. Please check this page periodically as you continue to use our site to see if any changes have been made.

Information Collected By Paradigm:

Paradigm uses information that we collect from our visitors to personalize and improve your visit at our Web Sites. We gather the following types of information:

Information you give us:

Paradigm collects any information which you enter on our Web Sites. This includes, without limitations, information you provided when you search, buy, participate in our on-line survey, input data into MyCloudFitness, post testimonials of your user experience with our products, or when you communicate with any of our departments such as customer service, sales or technical services through our Web Sites, telephone, mail or fax. You also provide information when you establish an account with us. Examples of the type of information you may supply us with include your name, address, telephone number, credit card information, e-mail addresses, and financial information.

Automatic Information collected by us:

We collect some Personal Data from you. You may be subject to different protection standards and sobroader standards may therefore apply to some of you. This document has a section dedicated to Californian consumers and their privacy rights.

Types of Data collected

We collect all information you give us. Among the types of Personal Data that we collect or through third parties, there are: Usage Data; Cookies; Data communicated while using the service; first name; last name; email address; date of birth; address; city; country; ZIP/Postal code; gender; state; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); various types of Data; geographic position; general activity data; body measurements & indexes; movement activity; food related activity ; sleeping activity; heart rate and other vital data; blood type; Camera permission; Precise location permission (non-continuous); Microphone permission; Phone permission; Sensors permission; Storage permission; HomeKit permission; Bluetooth sharing permission; Social media accounts permission; Media Library permission (Music); Photo Library permission; Health Data read permission; Health Data update permission ; device information; geography/region; number of Users ; number of sessions; session duration; In-app purchases; Application opens; Application updates; first launches; operating systems.

Legal basis of processing

We may process Personal Data relating to you if one of the following applies:
● You have given your consent for one or more specific purposes. Note: Under some legislations we may be allowed to process Personal Data until you object to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases.
● provision of Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof;
● processing is necessary for compliance with a legal obligation to which the we are subjected;
● processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;
● processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

Retention time

Personal Data shall be processed and stored for as long as required for the purpose they have been collected for, to be determined at our full discretion.
Therefore:
● Personal Data collected for purposes related to the performance of a contract between you and us shall be retained at least such contract has been fully performed.
● Personal Data collected for the purposes of our legitimate interests shall be retained as long as needed to fulfill such purposes. You may find specific information regarding the legitimate interests pursued by us within the relevant sections of this document or by contacting us.
● processing is necessary for compliance with a legal obligation to which the we are subjected;
● processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;
● processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

We may be allowed to retain Personal Data for a longer period whenever you have given consent to such processing, as long as such consent is not withdrawn. Furthermore, we may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The purposes of processing

The Data concerning you is collected to allow us to provide our Service, comply with our legal obligations, respond to enforcement requests, protect our rights and interests (or those of yours or third parties), detect any malicious or fraudulent activity, as well as the following: Displaying content from external platforms, Remarketing and behavioral targeting, Interaction with live chat platforms, Advertising, Interaction with external social networks and platforms, Managing data collection and online surveys, Content commenting, Registration and authentication, Analytics, Access to third-party accounts, Hosting and backend infrastructure, SPAM protection, Platform services and hosting, Managing support and contact requests, Managing contacts and sending messages, Location-based interactions, Interaction with data collection platforms and other third parties, Handling payments, Handling activity data and Device permissions for Personal Data access.

Cookie Policy of Our Web Sites and MyCloudFitness

Whenever you visit our Web Sites we collect and store information such as "cookies" which remember information about a visitor from one page to the next and from one visit to the next. We collect the IP address used to connect your computer to the Internet; computer and connection information such as your browser type; purchase history; confirmation when you open email we send you; the URLs which lead you to and around our Web Sites including the date and time; the pages and or products you viewed or searched for and telephone number used to call our voice telephone numbers. Your browser allows you to reject cookies and software is available from third parties which will allow you to visit our Web Sites without providing this information. You are welcomed at our Web Sites if you use this software. Orders: If you place an order, we use an order form which requires you to provide contact, billing, and financial information. This Information is transmitted to your credit card company to authorize your purchase.

Some of the purposes for which identifiers are used may also require your consent. Whenever consent is given, it can be freely withdrawn at any time following the instructions provided in this document.

Activities necessary for the operation of of Our Web Sites and MyCloudFitness and delivery of the Service

We use cookies or other identifiers to carry out activities that are necessary for the operation or delivery of the service and, therefore, your are deemed to have given consent by use of the service. You can disable such identifiers by modifying their browser or device settings as described in more detail within this document, but this may affect core operational functions or result in the unavailability of the service.

Facebook permissions asked by us

We may ask for some Facebook permissions allowing us to perform actions with your Facebook account and to retrieve information, including Personal Data, from it. This service allows us to connect with your account on the Facebook social network, provided by Facebook Inc.

For more information about the following permissions, refer to the Facebook permissions documentation and to the Facebook privacy policy.

Device permissions for Personal Data access

Depending on your specific device, we may request certain permissions that allow us to access your device Data as described below.

By default, these permissions must be granted by you before the respective information can be accessed. Once the permission has been given, it can be revoked by you at any time. In order to revoke these permissions, You may refer to the device settings or contact us for support. The exact procedure for controlling app permissions may be dependent on your device and software.

Please note that the revoking of such permissions might impact the proper functioning of MyCloudFitness.

Other activities

Basic interactions & functionalities

We use cookies or other identifiers to enable basic interactions and functionalities, allowing you to access selected features of the service and facilitating your communication with us.

Experience enhancement

We use cookies or other identifiers to provide a personalized user experience by improving the quality of preference management options, and by enabling interaction with external networks and platforms.

Measurement

We use cookies or other identifiers to deliver personalized marketing content based on your behavior and to operate, serve and track ads.

Targeting & Advertising

We use cookies or other identifiers to measure traffic and analyze your behavior with the goal of improving services.

How to provide or withdraw consent

You can provide or withdraw consent to the use of cookies and other identifiers by setting your preferences within the cookie notice or by updating such preferences via the relevant consent-preferences widget accordingly, if available.

Additionally, you can manage preferences regarding identifiers directly from within your own device settings and prevent – for example – the storing of third-party identifiers. It is also possible, via relevant browser or device features, to delete previously stored Identifiers, including those used to remember your initial consent. You can, for example, find information about how to manage identifiers in the most commonly used browsers at the following addresses: Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer.

With regard to any identifiers stored by third parties, you can manage your preferences and withdraw your consent by clicking the related opt-out link (where provided), by using the means indicated in the third party's privacy policy, or by contacting the third party.

Not with standing the above, you are hereby informed that you may follow the instructions provided by the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), or other similar services. Such initiatives allow you to select your tracking preferences for most of the advertising tools. We thus recommend that you make use of these resources in addition to the information provided in this document.

Our Use and Sharing of Information with Third-Parties:

Credit card companies and shippers: When you buy something from us we send your credit card information, name, billing address, the amount of your purchase, etc. to your credit card company to verify and authorize the purchase. Your name, telephone number and shipping information must be provided to third party shippers such as Federal Express and other carriers and shippers.

Affiliated Businesses of Paradigm Health & Wellness, Inc.:

We may share any information that you supply to us with any affiliated business that is substantially controlled by Paradigm. Any information that is shared this way will be subject to this Privacy Notice.

Independent Contractors:

We may employ other companies or individuals to provide certain services to us such as sending e-mail, analyzing customer lists and data, providing marketing assistance, or consulting services. These third parties will have access to the information needed to perform their functions but cannot use that information for any other purpose.

Link to Third Party Site:

Our Web Site may contain links to third party sites. Paradigm is not responsible or liable for the privacy practices or content found on these sites. We suggest that you check the Privacy Notice of each site you visit.

We will use the information you provide to improve products and services, develop new products or features, and conduct audits and troubleshooting activities. We also use information collected from cookies and other technologies to improve your user experience and the overall quality of our products and services. You specifically agree that we may use your testimonials of our products, including the use of your registered name, for all marketing and promotional purposes at our full discretion, and that any and all testimonials you provide about our products is and becomes the property of Paradigm. You further specifically agree that all biometric and biofeedback information you provide into mycloudfitness and any of our Web Site, is and becomes the property of Paradigm, to be used and transferred at Paradigm’s full discretion for research, developmental, comparative, statistical, marketing, and general commercial purposes.

Law Enforcement and Protection of Users:

We will release personally identifiable information to third parties and organizations when we believe it is appropriate for us to do so to comply with the law. We will also do so to cooperate with law enforcement investigations, to comply with court orders or subpoenas, to protect our legal rights and that of our users, or when we believe it is needed for fraud protection and/ or credit risk reduction.

Business Transfer:

In the event that Paradigm is sold or has substantially all of its assets acquired or merged or becomes affiliated with any other Individual or entity, any customer information owned or under the control of Paradigm may be one of the transferred assets.

Children's Online Policy

Paradigm's Web Sites are intended for use by users who are eighteen (18) years of age. Any use of or access to our Web Sites or services relating to our Web Sites by anyone under eighteen (18) without the express permission of their parent or legal guardian is unauthorized, unlicensed and in violation of these Terms of Use and Privacy Policy. By using any of our Web Sites, you represent and warrant that you are eighteen (18) or older, or that your parent or guardian has expressly given you permission and that you agree to abide by these Terms of Use.

Our Web Sites and services are not designed or intended for use by non-adults. If you are under eighteen (18), you may not make any purchase or submit any personally identifiable information to us. If you are younger than (18) years of age and have posted information on any of our Web Sites, you may contact us to have the information you posted removed by writing to the address as follows: Paradigm Health & Wellness, Inc., Attention: Manager of Online Privacy, 1189 S Jellick Ave, City of Industry, CA 91748, or call us at (866) 924-1688.

Paradigm Web Sites do not knowingly collect or use any personal information from children younger than 13 . We do not knowingly allow children to order our products, communicate with us, or use any of our online services. If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified above, and we will work with you to address this issue.

GOVERNING LAW.

Paradigm Web Sites services relating to our Web Sites are controlled by us from our offices within the State of California, United States of America. Regardless of where you reside, by using our Web Sites and services you agree that the statutes and laws of the State of California, without regard to the any conflicts of laws principles, will apply to all matters relating to the use of our Web Sites and the purchase of our products and services (including, without limitations, any damages arising from the use of products and services so purchased or terms of use and privacy policy) available through our Web Sites. You agree to commence or prosecute any action against us (whether subject to the arbitration provision herein or not) in the State of California, for the County of Los Angeles, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction.

ARBITRATION.

You acknowledge and agree that for any and all dispute arising from the use of our Web Sites and services (including, without limitations, damages resulting from the use of our products and services, terms of use and privacy policy) you shall submit any such disputes to binding and final arbitration in the State of California, for the County of Los Angeles, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance of these terms of use and privacy policy, under the Rules of Arbitration of the American Arbitration Association applying California law.

NO CLASS ACTIONS.

You acknowledge and agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these terms of use.

Information for Californian consumers

This part of the document integrates with and supplements the information contained in the rest of the privacy policy and that provided by the business running MyCloudFitness and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).

The provisions contained in this section apply to all Users who are consumers residing in the state of California, United States of America, according to "The California Consumer Privacy Act of 2018" (Users are referred to below, simply as “you”, “your”, “yours”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy.

This part of the document uses the term “personal information“ as it is defined in The California Consumer Privacy Act (CCPA).

Categories of personal information collected, disclosed or sold

In this section we summarize the categories of personal information that we've collected, disclosed or sold and the purposes thereof.

Information we collect: the categories of personal information we collect

We have collected the following categories of personal information about you: identifiers, personal financial information such as credit card numbers, California Consumer Records Statute information, commercial information, biometric information, internet information, geolocation data, sensorial information,professional and employment related information and inferred information.

How we use the information we collect: sharing and disclosing of your personal information with third parties for a business purpose

We may disclose the personal information we collect about you to a third party for business purposes. In this case, we enter a written agreement with such third party that requires the recipient to both keep the personal information confidential and not use it for any purpose(s) other than those necessary for the performance of the agreement.

We may also disclose your personal information to third parties when you explicitly ask or authorize us to do so, in order to provide you with our Service.

Sale of your personal information

For our purposes, the word “sale” means any “selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer's personal information by the business to another business or a third party, for monetary or other valuable consideration”.

This means that, for example, a sale can happen whenever an application runs ads, or makes statistical analyses on the traffic or views, or simply because it uses tools such as social network plugins and the like.

Your right to opt out of the sale of personal information

You have the right to opt out of the sale of your personal information. This means that whenever you request us to stop selling your data, we will abide by your request. Such requests can be made freely, at any time by following the instructions below.

Instructions to opt out of the sale of personal information

If you’d like to know more, or exercise your right to opt out in regard to all the sales carried out by any of our Web Sites or MyCloudFitness, both online and offline, you can contact us for further information using the contact details provided in this document.

Information we collect: the categories of personal information we collect

If you’d like to know more, or exercise your right to opt out in regard to all the sales carried out by any of our Web Sites or MyCloudFitness, both online and offline, you can contact us for further information using the contact details provided in this document.

What are the purposes for which we use your personal information?

We may use your personal information to allow the operational functioning of any of our Web Sites or MyCloudFitness and features thereof (“business purposes”). In such cases, your personal information will be processed in a fashion necessary and proportionate to the business purpose for which it was collected, and within the limits of compatible operational purposes.

We may also use your personal information for other reasons such as for commercial purposes, as well as for complying with the law and defending our rights before the competent authorities where our rights and interests are threatened or we suffer an actual damage.

Your California privacy rights and how to exercise them

The right to know and to portability

You have the right to request that we disclose to you:

● the categories and sources of the personal information that we collect about you, the purposes for which we use your information and with whom such information is shared;
● in case of sale of personal information or disclosure for a business purpose, two separate lists where we disclose:
   ○ for sales, the personal information categories purchased by each category of recipient; and
   ○ for disclosures for a business purpose, the personal information categories obtained by each category of recipient.

The disclosure described above will be limited to the personal information collected or used over the past 12 months.

If we deliver our response electronically, the information enclosed will be "portable", i.e. delivered in an easily usable format to enable you to transmit the information to another entity without hindrance – provided that this is technically feasible.

The right to request the deletion of your personal information

You have the right to request that we delete any of your personal information, subject to exceptions set forth by the law (such as, including but not limited to, where the information is used to identify and repair errors on any of our Web Sites or MyCloudFitness, to detect security incidents and protect against fraudulent or illegal activities, to exercise certain rights etc.).

If no legal exception applies, as a result of exercising your right, we will delete your personal information and direct any of our service providers to do so.

How to exercise your rights

To exercise the rights described above, you need to submit your verifiable request to us by contacting us via the details provided in this document.

For us to respond to your request, it’s necessary that we know who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:

● provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative;
● describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will not respond to any request if we are unable to verify your identity and therefore confirm the personal information in our possession actually relates to you.

If you cannot personally submit a verifiable request, you can authorize a person registered with the California Secretary of State to act on your behalf.

You can submit a maximum number of 2 requests over a period of 12 months.

How and when we are expected to handle your request

We will confirm receipt of your verifiable request within 10 days and provide information about how we will process your request.

We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfill your request.

Our disclosure(s) will cover the preceding 12 month period.

Should we deny your request, we will explain to you the reasons behind our denial.

We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee, or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind it.

Contact Us

If you are a California consumer and you would like to exercise your privacy rights, you may contact us by emailing us at privacy@paradigmhw.com, or by sending a letter to the following address:

Paradigm Health & Wellness, Inc.
1189 Jellick Ave
City of Industry, CA 91748 USA

Terms and Conditions


You must read this document carefully. These terms govern the use of our “Web Sites”, and any other related Agreement or legal relationship with us in a legally binding way.

“Web Sites” refer to
● this website, including our subdomains and any other website through which the we make our services available;
● applications for mobile, tablet and other smart device systems;
● the Service (your use of the Web Sites any and all services and products you purchase or receive by use of the Web Sites);
● any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

What the you should know at a glance

● Usage of Web Sites and the Service is age restricted: to access and use these Web Sites and our Service you must be an adult under applicable law.

● Please note that some provisions in these terms may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using the Web Sites.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using the Web Sites, you confirm to meet the following requirements:
● You must be recognized as adult by applicable law (which means you are at least 18 years of age, or older depending on the applicable law of your place of residence);
● You aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
● You aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service, you must register or create a user account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

You are responsible for keeping your login credentials confidential and safe. For this reason, you are also required to choose passwords that meet the highest standards of strength permitted by the Web Sites.

By registering, you agree to be fully responsible for all activities that occur under your username and password.

You are required to immediately and unambiguously inform us via the contact details indicated in this document, if you think your personal information, including but not limited to your accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of user accounts on the Web Site is subjected to the conditions outlined below. By registering, You agree to meet such conditions.
● Accounts registered by bots or any other automated methods are not permitted.
● Unless otherwise specified, each user must register only one account.
● Unless explicitly permitted, a user account may not be shared with other persons.

Account termination

You can terminate your account and stop using the Service at any time by doing the following:
● By using the tools provided for account termination on the Web Sites.
● By directly contacting us at the contact details provided in this document.

However, termination of the account will not be possible until the subscription period paid for by you has expired.

Account suspension and deletion

We reserve the right, at our sole discretion, to suspend or delete at any time and without notice, your account for activities which we deem inappropriate, offensive or in violation of these terms.

The suspension or deletion of your account shall not entitle you to any claims for compensation, damages or reimbursement.

The suspension or deletion of account due to causes attributable to you does not exempt you from paying any applicable fees or prices.

Content on Web Sites

Unless where otherwise specified or clearly recognizable, all content available on the Web Sites is owned or provided by us or our licensors.

We undertake our reasonable efforts to ensure that the content provided on the Web Sites infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to your rights, you are kindly asked to report related complaints using the contact details provided in this document.

Rights regarding content on the Web Sites - All rights reserved

We hold and reserve all intellectual property rights for any such content.

You may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, you may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Web Sites, nor allow any third party to do so through you or your device, with or without your knowledge or consent.

Where explicitly stated on the Web Sites, you may download, copy and/or share some content available through the Web Sites for your sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by us are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

We allow you to upload, share or provide your own content to the Web Sites.

By providing content to the Web Sites, you confirm that you are legally allowed to do so and that you are not infringing any statutory provisions and/or third-party rights.

Further details regarding acceptable content can be found inside the section of these terms which detail the acceptable uses.

You acknowledge and accept that by providing your own content to the Web Sites. You grant us a non-exclusive, worldwide, and royalty-free, irrevocable, perpetual (or for the maximum duration permitted by law), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote our Service in any media or manner.

To the maximum extent permitted by applicable law, you waive any legal, equitable, and moral rights in connection with content you provide to the Web Sites.

You acknowledge, accept and confirm that all content you provide through the Web Sites is provided subject to the same general conditions set forth for content on the Web Sites.

Liability for provided content

You are solely liable for any content you upload, post, share, or provide through the Web Sites. You acknowledge and accept that we do not filter or moderate such content.

However, we reserves the right to remove, delete, block or rectify such content at our sole discretion and to, without prior notice, deny the uploading access to the Web Sites:

● if any complaint based on such content is received;
● if a notice of infringement of intellectual property rights is received;
● Any violations of the terms of this document, including Conduct Restrictions and Content Restrictions;
● upon order of a public authority; or
● where we are made aware that the content, while being accessible via the Web Sites, may represent a risk for users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle you, who have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. You agree to hold us harmless from and against any claim asserted and/or damage suffered due to content you provided to or provided through the Web Sites.

Access to provided content

Content that you provide to the Web Sites is made available according to the criteria outlined within this section.

Publicly available content

Content meant for public availability shall be automatically made public on the Web Sites upon upload or, at our sole discretion.

Any personal data, identifier or any other information that you upload in connection with such content (such as a Username, avatar or nickname etc.) shall also appear in connection with the published content.

Content for determined audiences

Content meant to be made available to specific audiences may only be shared with such third parties as determined by you.

Any personal data, identifier or any other information uploaded in connection with such content (such as a Username, avatar or nickname etc.) shall also appear in connection with the content.

You may (and are encouraged to) check on the Web Sites to find details of who can access the content you provide.

Access to external resources

Through the Web Sites, you may have access to external resources provided by third parties. You acknowledge and accept that we have no control over such resources; therefore, we are not responsible for the content and availability.

It is your obligations to read and comply with conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

In particular, on the Web Sites, you may see advertisements provided by third parties. We do not control or moderate the advertisements displayed via the Web Sites. If you click on any such advertisement, you will be interacting with any third party responsible for that advertisement.

We are not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on the Web Sites infringe upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

● A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
● Information reasonably sufficient to permit us to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
● A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be addressed to us at the contact details specified in this document.

Acceptable use

The Web Sites and the Service may only be used within the scope of what they are provided for, under these terms and applicable law.

You are solely responsible for making sure that your use of the Web Sites and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, we reserve the right to take any appropriate measure to protect our legitimate interests including denying your access to the Web Sites or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever you are suspected to be in violation of any laws, regulations, third-party rights and/or these terms, including, but not limited to, by engaging in any of the following activities:

Conduct restrictions

● pretending to fulfil any possible condition or requirements for accessing the Web Sites and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
● concealing one’s identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
● manipulating identifiers to disguise or otherwise conceal the origin of your messages or of the content posted;
● defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
● promoting activity that may endanger your life or the life of any other user or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any user allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on the Web Sites;
● probing, scanning or testing the vulnerability of the Web Sites, including the Service or any network connected to the Web Sites, nor breaching the security or authentication measures on the Web Sites, including the services or any network connected to the Web Sites;
● installing, embedding, uploading or otherwise incorporating any malware into or via the Web Sites;
● using the Web Sites or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
● attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on the Web Sites or the Service;
● pretending to purchase any Products offered via the Web Sites without any real intent to do so;
● failing to pay for Products purchased;

Excessive use of the Service

● using a resource of the Web Sites excessively in relation to other users of the Web Sites – in such cases, we, at our sole discretion, additionally reserve the right to suspend your account or limit the related activity until you reduce the excessive consumption.

Content restrictions

● disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
● concealing one’s identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
● publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
● disseminating or publishing any content that is false or may create unjustified alarm;
● using the Web Sites to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;
● using the Web Sites to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
● publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of the Web Sites or another user's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on the Web Sites, as part of the Service, are provided on the basis of payment.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of the Web Sites and are subject to change without notice.

While Products on the Web Sites are presented with as much accuracy as possible, representation through photos, images, colors, sounds or any other means is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:
● You must choose the desired Product and verify your purchase selection.
● After having reviewed the information displayed in the purchase selection, you may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

The purchasing process includes these steps:
● The submission of an order determines the contract conclusion and therefore creates your obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
● In case the purchased Product requires active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly.
● Upon submission of the order, you will receive a receipt confirming that the order has been received.

Prices

You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that will be charged.

Prices on this Website are displayed:

The purchasing process includes these steps:
● either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section you are browsing.

Offers and discounts

We may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of the Web Sites.

Offers and discounts are always granted at our sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that you may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of us, as indicated in our location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, we can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect our rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

The purchasing process includes these steps:
● Each Coupon is only valid when used in the manner and within the timeframe specified on the Web Sites and/or the Coupon;
● A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
● Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
● A Coupon cannot be applied cumulatively;
● The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for you to claim the relevant rights, including cash-out;
● You are not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
● The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the Web Sites.

All payments are independently processed through third-party services. If payment through the available methods fails or is refused by the payment service provider, we shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.

Retention of Product ownership

Until payment of the total purchase price is received by us, any Products ordered shall not become your property.

Physical Product Delivery

Deliveries are made to the address indicated by you and in the manner specified in the order summary.

Upon delivery, you must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note.

Goods are delivered to the following countries or territories: United States (lower 48 states). Delivery times are specified on the Web Sites or during the purchasing process.

Failed delivery

We cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by you, nor for any damages or delays after handover to the carrier.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to us, who will contact you to agree on the future course of action.

Unless otherwise agreed, any delivery attempt starting from the second shall be at your expense.

Purchase via app store

The Web Sites or specific Service may only be available for purchase via a third-party app store. To access such purchases, you must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.

Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall prevail upon these Terms.

You must therefore read such terms and conditions of sale carefully and accept them when purchasing through such third-party online stores.

Subscriptions handled via Apple App Store or Google Play

Subscriptions allow you to receive the Service continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the payment is received by us. In order to maintain subscriptions, You must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

You may subscribe to the Service using your Apple or Google account. When doing so, you acknowledge and accept that

The purchasing process includes these steps:
● any payment due shall be charged to their Apple or Google account;
● subscriptions are automatically renewed for the same duration unless you cancel at least 24 hours before the current period expires;
● any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
● subscriptions can be managed or cancelled in your Apple or Google store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms.

Liability and indemnification

Information related to accepted payment methods are made available during the purchasing process.

The Web Sites are provided strictly on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, we expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by you from us or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, we, our subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

The Web Sites are provided strictly on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, we expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by you from us or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, we, our subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and we shall not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. We cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall we, and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

● any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
● any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein;
● any errors, mistakes, or inaccuracies of content;
● personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service;
● any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
● any interruption or cessation of transmission to or from the Service;
● any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
● any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
● the defamatory, offensive, or illegal conduct by you or third party. In no event shall we, and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by you to us hereunder in the preceding 12 months, or the period of duration of this agreement between us and you, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to you. The terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to defend, indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

● Your use of and access to the Service, including any data or content transmitted or received by you;
● Your violation of these terms, including, but not limited to, Your breach of any of the representations and warranties set forth in these terms;
● Your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
● Your violation of any statutory law, rule, or regulation;
● any content that is submitted from your account, including third party access with your unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
● Your willful misconduct; or
● statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

Our failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, we reserve the right to interrupt the Service for maintenance, system updates or any other changes, without prior notice.

Within the limits of law, we may also decide to suspend or terminate the Service altogether.

Additionally, the Service might not be available due to reasons outside our reasonable control, such as “force majeure” (eg. labor actions, wars, pandemic, infrastructural breakdowns or blackouts etc).

Service reselling

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Web Sites and of the Service without our express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, you may refer to the privacy policy of the Web Sites.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Web Sites are the exclusive property of ours or our licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with the Web Sites are, and remain, the exclusive property of ours or our licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

We reserve the right to amend or otherwise modify these Terms at any time. Such changes will only affect the relationship with you for the future.

The continued use of the Service will signify your acceptance of the revised Terms. If you do not wish to be bound by the changes, you must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

Assignment of contract

We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms. Provisions regarding changes of these Terms will apply accordingly.

You may not assign or transfer their rights or obligations under these Terms in any way, without the written permission from us.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between us and you with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Surviving provisions

This Agreement shall continue in effect until it is terminated by either the Web Sites or you. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

● your grant of licenses under these Terms shall survive indefinitely;
● your indemnification obligations shall survive for a period of five years from the date of termination;
● the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

GOVERNING LAW.

Web Sites services relating to our Web Sites are controlled by us from our offices within the State of California, United States of America. Regardless of where you reside, by using our Web Sites and services you agree that the statutes and laws of the State of California, without regard to the any conflicts of laws principles, will apply to all matters relating to the use of our Web Sites and the purchase of our products and services (including, without limitations, any damages arising from the use of products and services so purchased or terms of use and privacy policy) available through our Web Sites. You agree to commence or prosecute any action against us (whether subject to the arbitration provision herein or not) in the State of California, for the County of Los Angeles, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction.

ARBITRATION.

You acknowledge and agree that for any and all dispute arising from the use of our Web Sites and services (including, without limitations, damages resulting from the use of our products and services, terms of use and privacy policy) you shall submit any such disputes to binding and final arbitration in the State of California, for the County of Los Angeles, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance of these terms of use and privacy policy, under the Rules of Arbitration of the American Arbitration Association applying California law.

NO CLASS ACTIONS.

You acknowledge and agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these terms of use.

Contact Us

If you are a California consumer and you would like to exercise your privacy rights, you may contact us by emailing us at privacy@paradigmhw.com, or by sending a letter to the following address:

Paradigm Health & Wellness, Inc.
1189 Jellick Ave
City of Industry, CA 91748 USA