Terms of Service
Our Terms of Service were last updated on 01/02/2023
1. AGREEMENT TO TERMS
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Modest Standard, LLC, doing business as Paragon (“Paragon”, “We”, “us”, or “our”), concerning your access to and use of the https://paragongroup.io website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR OUR SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. FEES AND PAYMENT
We accept the following forms of payment:
- American Express
- Bank Transfer (ACH & Wire)
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
No Refunds. Credits are applicable only toward future fees for use of the Service and are not convertible into cash or any type of refund.
If you are unsatisfied with our services, please email us at firstname.lastname@example.org
We may include software for use in connection with our services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non- transferable license to use such software solely in connection with our services and in accordance with these Terms of Service. Any Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Service.
8. PROHIBITED ACTIVES
As a user of the Site, you agree not to:
– Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without
written permission from us.
-Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
-Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the Content contained therein.
-Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
-Use any information obtained from the Site in order to harass, abuse, or harm another person.
-Make improper use of our support services or submit false reports of abuse or misconduct.
-Use the Site in a manner inconsistent with any applicable laws or regulations.
-Engage in unauthorized framing of or linking to the Site.
-Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
-Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
-Delete the copyright or other proprietary rights notice from any Content.
-Attempt to impersonate another user or person or use the username of another user.
-Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms).
-Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
-Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
-Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
-Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of
-Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
-Use a buying agent or purchasing agent to make purchases on the Site.
-Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
-Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
-Use the Site to advertise or offer to sell goods and services.
-Allow unrestricted use of your client account.
-Sell or otherwise transfer your client account.
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. MOBILE APPLICATION LICENSE
APPLE AND ANDROID DEVICES
14. THIRD-PARTY WEBSITES AND CONTENT
15. U.S. GOVERNMENT RIGHTS
16. SITE MANAGEMENT
17. TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
20. DISPUTE RESOLUTION
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Wisconsin, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court
EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION
23. LIMITATIONS OF LIABILITY
24. LIMITATIONS OF LIABILITY
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. CALIFORNIA USERS AND RESIDENTS
28. AFFILIATE PROGRAM TERMS AND CONDITIONS
This agreement describes the terms and conditions for participation in the Paragon affiliate and Sales Consultant programs. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, “Paragon” refers to Modest Standard, LLC, a Wisconsin Limited Liability Company, with whom you are entering this agreement. By applying to the Paragon affiliate and/or Sales Consultant programs, you are confirming that you have read the agreement and agree to the terms and conditions.
There are two types of Affiliate programs with Paragon: one-time and recurring.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Portal.
If the Affiliate is on a one-time payment option, they will receive a commission for each new signup.
If the Affiliate is on a recurring payment schedule, they will continue to accumulate commissions for each paid transaction by the customer for as long as the customer remains a paying customer. For Affiliates participating in the recurring program, commissions will also accumulate for plan upgrades and adding users.
An Affiliate can request a payment when their balance reaches a minimum balance of $25 USD. Payments can be requested every 30 days. Payment processing can take up to 30 days from the request date. Payments will generally be paid out via PayPal.
In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.
USAGE AND OBLIGATIONS
Affiliates are permitted to use the Paragon brand and marketing resources available in the Affiliates section of the Paragon application. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
The Affiliate will never imply that they are acting on behalf of Paragon and will never advertise Paragon products directly. The Affiliate will never bid for advertisements that compete with Paragon.
The Affiliate will never represent themselves, Paragon or their relationship with Paragon in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Paragon.
TERM AND TERMINATION
Either party has the right to terminate the agreement immediately without prior notice.
If the Affiliate terminates the agreement, no further commissions from Paragon will be paid for any past or future customer transactions.
If Paragon chooses to terminate the agreement, any balance greater than $25 USD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $25 will be forfeited.
If the Affiliate is on a recurring program, Paragon will not be obligated for any future payments after termination.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws rules.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.
29. LOGO USE AND ATTRIBUTION
By using our services and completing the checkout process through our client portal, the client agrees to allow Paragon to use the client’s company logo for advertising and promoting the client’s relationship with Paragon. The client grants Paragon the right to display the logo on its website, marketing materials, and other promotional platforms. The client also agrees that Paragon may make any reasonable use of the logo for the purpose of identifying the client as a customer. The client represents and warrants that it has the right to grant such usage rights and will indemnify and hold Paragon harmless for any claims or damages that may arise from the use of the logo.
31. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Paragon Group, LLC