By accessing and using our Services, you hereby acknowledge your acceptance and agree to comply with the following terms and conditions and that you shall be bound by the terms and conditions of this Agreement, which was last revised on February 2, 2021.
Why: We appreciate your interest in our services. We value your intangible property, and we expect you to value our intangible property too. This agreement helps us to protect our intangible property and yours, among other things, while setting forth our expectations and obligations and your expectations and obligations. Please review these terms, which are binding on the parties to this agreement.
Who: Terms of Service and Privacy Policy (this “Agreement”) is a contract between you, and if you are an employee working within the scope of your employment, vicariously, you employer (individually and collectively, “you” or “your”), and Paradies iP Solutions, LLC (sometimes referred to as “Paradies iP,” “we,” or “us”), a Florida limited liability company.
Communications: Your communications with us must be directed to our contact us page:
What: The terms and conditions of this Agreement govern your access to and use of our websites and services (collectively, the “Services”).
Where: You agree that this Agreement shall be interpreted and enforced according to the laws of the State of Florida, without recourse to Florida’s choice of law and conflict of laws provisions, as if executed and fully performed solely in the State of Florida. It is our intention to provide you access to content, templates and forms for at least 12 months from the date that you first access our training, but technology is always changing and video content may be required to be hosted on different servers and by various services located worldwide. You agree that we may move content as desired, and our sole obligation is to send you a link to your training with access by a valid userid and password for accessing content hosted on the new platform. We may terminate access on legacy platforms. We may change names and branding of training and may reorganize training and change the location where training is accessed worldwide. We do not store your data as part of our Services, but we may capture data about you and how you use our Services. This data may be stored anywhere worldwide and might be accessed and used by the providers of services that we use. See our Privacy Policy for more details.
When: This Agreement is effective from the date that you first use our Services until the date that you cancel any and all Services, delete any content, templates and forms obtained using our Services and stop using any such content, templates and forms. You may retain executed agreements entered into between you and others, but you may not use those agreements as templates for any future agreements without an unexpired license as provided in this Agreement. Terminating this Agreement terminates your license to use our content, templates and forms, and terminates the right to use any portion of any agreement or training in the future. Our training is protected by copyright and trade secret laws. Some of our training provides for lifetime access. If you have been granted lifetime access, your license to use our content, templates and forms is not limited in time and does not expire, provided your use is entirely consistent with the license provided in this Agreement. You should download any and all downloadable content, templates and forms for your use. Lifetime access does not mean that we will maintain the training in perpetuity on any particular platform. We may change the way that you access training and its location and availability. We may alter training. We may reorganize and rearrange training. We may rebrand training. Our Services are constantly changing and we reserve the right to change or discontinue Services without prior notice to you.
Binding Arbitration: This agreement includes a provision for binding arbitration to resolve any dispute you have with Paradies iP Solutions, LLC. By agreeing to binding arbitration, you waive any right to sue in a court; however, Paradies iP Solutions, LLC has a right to sue in a court if you misappropriate its content in violation of the licensing and use provisions of this Agreement.
Binding Agreement: You acknowledge that you are capable of entering into a binding agreement with us and will not use our Services if you cannot enter into a binding agreement. If an employee acting within the scope of your employment, then you represent that you have the authority to enter into this Agreement on behalf of your employer, and if you cannot bind your employer to the terms and conditions of this Agreement, then your employer has agreed to be bound by this Agreement. If your employer has not agreed to be bound by this Agreement and you are acting within the scope of your employment, then you shall not use our Services on behalf of your employer. If you cannot enter into a binding contract or are barred from receiving our Services under any laws of your jurisdiction, then you shall not access or use our Services.
Trade Secrets: Some of the content delivered as part of the Services is protected as trade secrets. You agree not to publicly disclose any of our content. You agree not to share your userid and password with others. You agree not to provide access to our content to others. You agree not to copy text, images and videos, except as permitted under the licensing terms of this Agreement.
Access and Use: You may use our Services only if you comply with this Agreement and any and all applicable laws, rules and regulations. We may terminate your access or use for any or no reason, and we shall bar you from any further access or use of our Services if your use violates the terms and conditions of this Agreement or any applicable laws, rules or regulations.
Termination: Cancelling or terminating your subscription does not terminate the terms and conditions of this Agreement that are intended to survive termination of your subscription, but cancellation or termination of your subscription immediately terminates your license to use the training and any agreements that you created based on our copyrighted agreement library. Downgrading your plan provides a continuing license to use only those agreements found in the level or tier relating to your continuing subscription and access to the training provided only in the level or tier relating to your continuing subscription. Paradies iP is able to grant access to the training and agreement library at such a low subscription fee, because we believe that you will want to continue to have a license to use and access to our training and agreement library. Therefore, you acknowledge and agree that you will abide by the terms of this Agreement and will immediately discontinue use of any agreements that are not included in the level or tier to which you are currently subscribed, except that you have a continuing right and license to photocopy and store, electronically, any agreements that have been executed between you and a third party. There is no implied license to any of our intellectual property rights, any rights not expressly granted to you, herein, are reserved to Paradies iP, exclusively.
Subscription Services: Our Services may be provided based on a fully-paid-up subscription, and if you fail to pay or payment fails due to your failure to update your credit card information with our third party payment service (e.g. Stripe, paypal...), then we shall terminate your access to these Services. It is your responsibility to make sure that your subscription is up to date and active. You hereby grant us the right to contact you to update your payment information, at our sole discretion, without creating any obligation or duty on our part to do so.
Paradies iP may stop or suspend our Services or select features of our Services to you or to users, generally, and we might not be able to provide you with prior notice. We retain any and all rights to restrict access or to create other limits on the use of our Services at our sole discretion at any time without prior notice to you.
WARRANTIES, LIMITATIONS AND DISCLAIMERS
30-day Money Back Guarantee. If for any reason you are not satisfied with any Services obtained from Paradies iP, we offer a 30-day no questions asked money-back guarantee provided that you contact us using our CONTACT US page within thirty (30) days of your purchase requesting cancellation of the services and a refund. All access to the Services will be terminated and your license to use content, templates and forms cancelled upon issuance of a refund.
To the maximum extent permitted by applicable law, rules and regulations, we will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages including, without limitation, lost profits, lost data, lost goodwill or any other losses in the value of intellectual property, resulting from your access or use of our Services. The term “we” shall include, without limitation, Paradies iP and all of our shareholders, managers, directors, agents and affiliates. The phrase “access or use of our Services” shall include, without limitation, inability to access or use, any content accessed or used, and any unauthorized access or use of your information or alteration of your information. The limitations on liability in this paragraph shall apply to any and all disputes, regardless of the legal theory upon which such dispute is based, including, without limitation, warranty, contract or tort, including negligence, and whether or not we were informed of the possibility of damages and even if remedies available in this Agreement fail their essential purpose. Some jurisdictions do not allow for exclusions of certain warranties or the limitation of liability for damages, so the limitations of this paragraph may not apply to you.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY IS TO CANCEL YOUR SUBSCRIPTION AT THE END OF ITS NEXT TERM (TYPICALLY, MONTHLY), AND YOU ARE NOT ENTITLED TO ANY REFUND OR PRORATED RETURN OF YOUR SUBSCRIPTION FEE, EXCEPT AS EXPRESSLY PROVIDED ABOVE.
Termination Of Your Subscription Terminates Any License(s) Granted By Paradies iP, And You Agree To Stop Using Any Copyrighted Documents And Forms Downloaded From Our Websites And To Delete These Forms From Your Computer Systems And Any Other Storage Locations, Whether Physically In Your Possession Or Accessible By You, Except For Agreements Actually Executed Between You And A Third Party, Which May Be Retained By You According To The Terms Of This Agreement. You Acknowledge That a Current Subscription Is Required To Copy And Share Any Forms, Whether Original Or Modified By You, With Any Third Party. You May Keep And Copy Any And All Past Agreements Executed By The Parties, But You Shall Not Enter Into Any Further Agreements, In The Future, Using Our Agreements, After Your Subscription Is Cancelled For Any Reason.
To the extent permitted by applicable law, we provide no general or limited warranty, express or implied, for our Services, except as provided expressly in this Agreement, above. These Services are provided “AS IS” and when available. Your access and use of our Services or reliance on information or materials obtained from us is at your own risk. Any watch and reminder services are a back-up and convenience to your own efforts to discover infringing uses and docket and remind yourself of coming due dates.
Without limiting the foregoing, PARADIES iP DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE to the maximum extent permitted by law, except as provided expressly in this Agreement.
We are not responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of our Services. You agree that we have no duty or liability for deletion of, or the failure to store or to transmit, any information and other communications by our Services. No advice or information, whether oral or written, obtained from Paradies iP or through the Services, will create any warranty not expressly made herein, and this Agreement is the complete and final understanding between us.
We make no claims or warranty that our content or information is complete, accurate, reliable or timely with respect to you or your particular circumstances, and none of our content or information should be considered legal advice. Our content and information is provided as educational materials, representing our viewpoints and priorities, which are likely not the same as other third parties or other experts in intellectual property law. Our content and information is believed to be true by us on the date and time that we add the content and information to our Services. Changes in the law, rules and regulations can make our content and information dated and inaccurate, and we make no claims that our content and information is up-to-date with the latest changes in laws, rules and regulations in Florida, the United States of America, or anywhere else in the world.
Our Services contain hyperlinks to third party websites and resources, and we are not responsible or liable for anything related to these third party websites. Furthermore, you agree to abide by the terms and conditions of these third party websites. Any hyperlink to a third party website does not imply any endorsement of the third party website or its contents by us. These hyperlinks are provided “AS IS” and when available. You assume all risks arising from your accessing any such third party website using such hyperlinks.
We Are Not Liable Under Any Circumstances For Any Information Or Any Loss, Damage Or Harm To You From Your Access And Use Of Our Services, Whether Posted To Our Websites, Emailed To You Or Otherwise Transmitted Or Made Available To You Via Our Services Or Broadcasts. You Will Take All Necessary Precautions To Screen For And Intercept Any Harmful Or Damaging Code Received As A Result Of The Use Of Our Services.
These limitations and all of the terms and conditions of this Agreement are material to this Agreement, and you acknowledge that the cost of services to you has taken into consideration these limitations on liability and restrictions on warranties.
You agree to consult with an attorney or legal adviser before entering into any agreement or changing your legal positions in any way based on the information provided by our Services.
LIMITED LICENSE
We grant you a limited right to make a personal copy of content on this website solely for your personal use in researching or using the Services, only if you secure your personal copy and do not make additional copies for others, refrain from removing any copyright notices and acknowledge the authorship of the original author of any copyrighted works.
You may not use the content and information from our Services on your website or to provide services to others without our express written permission, obtained in advance.
This does not restrict your rights under applicable law, rules and regulations to use information obtained from our Services in any way permitted by law. Any other use of content and materials from our Services is strictly prohibited without our express written permission, obtained in advance, including, without limitation, any copying, modifying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, compiling, commercial use or use as a service bureau or electronic agglomerator.
Paradies iP grants you a limited license to "use" forms, as such use is defined herein, from our form library, only to the extent that you have a fully paid up subscription. Herein, "use" means downloading a copy of a form for use by the subscriber, modifying a form by adding, deleting or changing portions of the form, and sharing the form only with a person (including corporations and other entities) that is a party or potential party in an agreement contemplated by the form. You shall not remove any copyright notices or other identification markings from the form, without the prior written permission of Paradies iP. You shall not provide any content, templates or forms to any third party, except as permitted by the license granted in this Agreement. Providing any to others for any compensation shall immediately terminate any right or license to use any Services and content provided by Paradies iP.
The information provided in our Services contains confidential information that is not generally known or available and has value by continuing to be not generally known or available. We tke reasonable measures to protect its confidentiality as a trade secret. You agree to protect the confidentiality of our proprietary training and not to make our information publicly available. If any inadvertent disclosure of our information is made to a third party by you, or any of your agents, employees or contractors, you agree to inform Paradies iP and assist us in any remedial steps deemed appropriate, at Paradies iP's sole discretion, to protect the confidentiality of our confidential information. All information presented, whether marked or unmarked, is deemed a trade secret and is the confidential, proprietary information of Paradies iP, unless released as non-confidential in a signed writing by Paradies iP. You agree that public disclosure of Paradies iP's trade secrets irretrievably harms Paradies iP; there is no adequate remedy at law; and Paradies iP is entitled to an immediate restraining order or other preliminary injunction to prevent any further damage from continued public disclosure of Paradies iP's confidential information and trade secrets.
Scraping of information from our websites and Services is strictly prohibited.
Access by any automated system or “bot” is strictly prohibited.
LEGAL RIGHTS AND REMEDIES
All right, title, and interest in and to the Services (excluding any information provided by users) are and shall remain the exclusive property of us and our licensors. Nothing in this Agreement transfers any right, title or interest to you or anyone else.
Our Services and brands are protected under copyright laws, trademark laws, and other laws of the State of Florida, the United States of America and foreign countries and regions. All rights and remedies are reserved by us, and failure to enforce any of our rights or to seek any remedies in one or several instances or occasions shall be deemed a waiver of any of our rights and remedies for another instance or occasion. Nothing in this Agreement or in our course of dealings shall give you any right to use our name, brands, trademarks, logos, domain names, trade dress or other protectable brand identifying devices. Terms or conditions held to be invalid or unenforceable shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect.
Nothing in this Agreement gives you a right to use our name or any of our patents, trademarks, domain names, and other brand identifying devices without our express written permission, obtained in advance. All rights are reserved by us.
You Hereby Agree To Indemnify Us And To Hold Harmless Paradies Ip Solutions, Llc And Our Agents, Shareholders, Directors, Executives And Associated Companies Against Any And All Claims, Liabilities, Damages, Losses, Costs And Expenses, Including Legal Fees, Arising Out Of Any Breach By You Of This Agreement Or Any Other Liabilities Arising Out Of Your Use Of Our Services, Or The Use By Any Other Person, Accessing Our Services Using Your Equipment Or Internet Access Account, Or Your Infringement Of Any Intellectual Property Rights Or Other Proprietary Rights.
We reserve all equitable and legal rights and remedies including, without limitation, the right to restrict or prevent your access to our Services at our sole discretion.
RESTRICTIONS ON USE OF THE SERVICES
You shall not use our Services for any illegal purpose.
You shall not interfere with or diminish our right, title and interest in our Services or our copyrights or other intellectual property rights.
Except as expressly permitted in this Agreement, you shall not copy, reproduce, modify, create derivative works, distribute, broadcast, sell, transfer, publicly display, publicly perform, transmit, or otherwise disseminate any content or materials available through our Services.
You shall use our Services only in accordance with any and all applicable laws, rules and regulations.
You shall not upload or transmit any computer viruses, macro viruses, Trojan horses, worms, or anything else that interferes with or disrupts normal operating procedures of a computer.
You shall not upload or transmit any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety.
You shall not use our Services in a way that might cause our Services to be interrupted, damaged or rendered less efficient, or impair the effectiveness or functionality of our Services.
You shall not use our Services in any manner which violates or infringes the rights or any person, firm or entity.
You shall not tamper with or modify our Services.
You shall not access non-public areas of our Services.
You shall not give anyone permission to use your password or userid to access our Services.
You shall not access our Services with anyone else’s userid or password.
You shall not access our Services by intentionally hacking, breaching or circumventing in any way any of our Services requiring users to use a userid or password for access.
You shall not probe, scan, or test any vulnerabilities of our Services or the systems that hosts our Services.
You shall not access or search our Services by any automated means.
You shall access or search our Services only using our currently available, published interfaces provided by our Services.
You shall not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
You shall not disrupt access to our Services by any other user.
You shall not interfere with or create an undue burden on our Services.
YOUR INFORMATION
You represent and warrant that any information that you provide to us is truthful, accurate and complete including, without limitation, your registration information and payment information. Our Services do not receive or record your personal financial information. Instead, we rely on paypal® and third party payment services such as Stripe® to complete transactions and store your payment information for subscriptions. We are not responsible for these third party payment services, which are widely used, and you assume the risk in using these third party payment services for processing payments for you.
You agree to keep your registration information up to date and accurate.
You agree not to reveal your userid and password to anyone else and to keep it confidential. You agree to use a password that is not easily determined from information that can be obtained about you, such as birthdays, anniversaries, children and the like. You agree to make your password difficult to guess and not to use simple words and phrases in the English language in your password.
You are responsible for maintaining the confidentiality and security of your account and for anything that occurs through your account registration with our Services. You will immediately notify us of any security breach of your account. Even if notified promptly, we are not responsible for any harm caused by any security breach of your account.
The privacy of your information is important to us; therefore, we have implemented a privacy policy and provide you with a Privacy Policy for our Services.
BANKRUPTCY
You agree that if you enter into bankruptcy or have a change in your financial situation that we can cancel any Services, without prepayment and assurances that such prepayment will not be revoked by a court, trustee or receiver, and we can notify foreign counsel of your bankruptcy or change in your financial situation.
NOT A LAW FIRM
Paradies iP is not a law firm, and we do not provide legal services. Christopher Paradies is, as of 2021, a Florida Bar certified intellectual property attorney and U.S. Registered Patent Attorney and offers legal services through Paradies Law P.A., an intellectual property law firm. Unless you have retained his services as a client of Paradies Law P.A., no attorney-client relationship exists with him or Paradies Law P.A. Often, patent agents provide patent services that are not legal services. Rules vary according to jurisdiction. In the United States of America, laws, rules and regulations governing the practice of law vary from state to state.
Since our Services are educational and administrative, we do not conduct conflict checks. You agree not to assert the existence of any conflict, and we have the right to cancel Services to you if you assert the existence of a conflict, without reimbursing any amounts paid by you.
BINDING ARBITRATION, CHOICE OF LAW
If Any Dispute Arises Between You And Us, Then You Agree That The Dispute Will Be Subject Solely And Exclusively To Binding Arbitration Before A Single Arbitrator Under The Rules Of The American Arbitration Association. The Location Of The Arbitration Shall Be Tampa, Florida, Shall Be Expedited And Based On Documents, Alone, And May Not Include Live Witnesses, Unless Requested By The Arbitator, And The Decision Of The Single Arbitrator Shall Be Final And Binding Upon All Parties To The Arbitration. The Parties Shall Split The Costs Of Arbitration Equally. Failure To Pay Your Share Of Arbitration Or To Abide By The Rulings Of The Arbitrator Will Result In Your Immediate Default And Could Result In A Judgment Against You For Your Share Of The Arbitration And Other Costs, Such As Our Attorneys Fees And Costs.
FORCE MAJEURE
We are not liable for any claims arising from failure to perform the Services due to unforeseen circumstances or events, such as denial of service attacks, Internet outages, power outages, war, revolutions, terror attacks, natural disasters, riots, criminal activity, disaster or government actions.
ENTIRE, FINAL, COMPLETE
This Agreement, together with our Privacy Policy, is the entire, final and complete agreement between you and Paradies iP regarding the Services provided by us and supersedes and replaces any and all prior agreements between you and Paradies iP. Our revisions to this Agreement shall be announced on the websites associated with our Services and shall take effect immediately. You agree that you have had the opportunity to review and consider the terms and conditions of this Agreement fully and had the opportunity to consult with legal counsel about the terms and conditions in this Agreement.
© 2021 Paradies iP Solutions LLC
