Terms of Use

Last Updated: July 25, 2022

These Terms of Use (the “Terms of Use”) govern all use of the websites made available by Paradigm Personality Labs,LLC (“Paradigm”, “we”, “us” or “our”) that link to these Terms of Use, including www.paradigmpersonality.com (each, a “Site” and, collectively, the “Sites”), as well as any platforms, applications, or tools made available by us via the Sites or that otherwise link to these Terms of Use, including the MyParadigm Dashboard (the“Services”). In these Terms of Use, the words “you” and “your” refer to the individual, company, entity or organization accessing or using the Sites and/or Services.

In order to access or use the Sites or Services, you must first read these Terms of Use and agree to all the terms and conditions contained herein. BY ACCESSING AND/OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES.

If you are agreeing to be bound by these Terms of Use on behalf of your employer, organization or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, organization or the applicable entity to these Terms of Use; (ii) you have read and understand these Terms of Use; and (iii) you agree, on behalf of the party that you represent, to these Terms of Use. If you do not have the legal authority to bind your employer, organization or the applicable entity, please do not use the Sites and/or Services on its behalf.

If you access any of our Sites or use our Services (a) in the scope of your employment or otherwise in connection with responsibilities to your employer, or (b) in connection with your relationship with a third party distributor authorized by Paradigm (a “Distributor”), your use of the Sites and/or Services may be governed by, and subject to, a separate agreement between us and your employer or such Distributor, instead of these Terms of Use. You should confirm with your employer or the relevant Distributor whether any such separate agreement exists that governs your access to and use of the Sites and Services. To the extent there is a conflict between these Terms of Use and another agreement between us and your employer or the relevant Distributor, as applicable, that agreement shall prevail.

CHANGES TO THESE TERMS OF USE

We reserve the right to add to, update or change these Terms of Use at any time in our sole discretion by posting a new version of these Terms of Use to the Sites and/or Services. You should check these Terms of Use for changes each time that you access the Sites and/or use the Services, as your continued use of the Sites and Services after we post any additions, updates or changes to these Terms of Use will constitute your consent to be bound by the new Terms of Use. If you do not agree to any addition, update or change to these Terms of Use, you should not access or use our Sites or Services.

PRIVACY

We have established a Privacy Policy to explain how your information (and the information of any End User, as defined below) is collected and used by us. Please review the Privacy Policy to understand our practices. The Privacy Policy is located here.

Additionally, to the extent we process personal data in connection with your use of the Services, the terms of our Data Processing Addendum (available here) are hereby incorporated by reference into these Terms of Use.

USING THE SITES AND SERVICES

ASSESSMENTS AND REPORTS

Our Services provide you with the ability to order Paradigm’s proprietary personality assessments and behavioral surveys (e.g., the WorkPlace Big Five Profile^TM suite, SchoolPlace Big Five Profile suite, WorkPlace Values Profile, WorkPlace Performance 360) (each, an “Assessment” and, collectively, the “Assessments”). In order to be eligible to order an assessment through the Services, you must first complete any training and/or certification process required by Paradigm and become a “Certified Practitioner”.

Once you become a Certified Practitioner, Paradigm will provide you with access to the Services through a username and password (collectively, “User Credentials”). You may not share your User Credentials with any third party, and you are responsible for maintaining the confidentiality of your User Credentials. You are fully responsible for all activities that occur through the use of your User Credentials.

When ordering an Assessment through the Services, you must provide to us with certain information related to the individual that will take the Assessment (the “End User”), including the End User’s name and email address. By providing any information to us related to an End User, you represent and warrant that you have all necessary permissions, consents and authority to provide such information to us.

After an End User completes an Assessment, we will provide to you through the MyParadigm Dashboard a report generated
based on the responses provided by the End User in the Assessment (the “Report”). You must comply with the requirements and guidelines (including the ethical guidelines) communicated to you during the training and/or certification process through which you became a Certified Practitioner, and stay current with such certification.

SITE AVAILABILITY

We may modify, update, interrupt, suspend or discontinue the Sites or Services, or any portion of the Sites or Services, at any time in our sole discretion without notice. The Sites and Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not and shall not be responsible or liable in any way for any delays, failures or other damage resulting from such problems.

LIMITED LICENSE

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferrable, revocable license to access and use the Sites and Services. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell or otherwise exploit for any commercial or any other non-personal purpose the Sites or Services or any content contained or made available via the Sites or Services without our express written consent. The foregoing license granted by us shall automatically terminate if you do not comply with these Terms of Use.

POSTING CONTENT TO THE SITES AND SERVICES

Except as expressly stated in our Privacy Policy, by posting, uploading or submitting any content to the Sites and Services, you grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, sublicense, publish, translate, publicly display, publicly perform, create derivative works from and distribute such content or incorporate such content into any form, medium, or technology now known or later developed solely in connection with our provision of the Services. You agree this license includes permission for us to make such content available to other users of the Sites and Services who may access, view, store, or reproduce the content for their personal use.

You are solely liable for any content you submit or upload to the Sites and Services and by posting, uploading or submitting any content to the Sites or Services you represent and warrant that: (a) you own such content or have the right to use it and grant us the rights and license as provided in these Terms of Use, and (b) the posting, uploading or submitting of such content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You may not post, upload or submit anything to the Sites or Services that is unlawful, threatening, pornographic, obscene, profane, hateful, racist, libelous, defamatory, or that would otherwise violate any law.

TERMINATION OF ACCOUNT

We reserve the right, in our sole discretion, to determine whether your use of the Sites and Services is consistent with these Terms of Use. We, in our sole discretion, may suspend, restrict or terminate your use of the Sites or Services at any time.

RESTRICTIONS ON USE

In connection with your use of the Sites and Services, you represent and warrant to us that you:

are at least 18 years of age;
will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Sites or Services;
will not access, retrieve, scrape, index, download or copy any information contained on the Sites or Services through artificial means, such as spiders, bots, hacking devices or other means;
will not attempt to gain unauthorized access to the Sites or Services, the accounts of other users of the Sites or Services, or other computer systems or networks connected to the Sites or Services;
will not use the Sites or Services in any way that could interfere with our rights or the rights of other users;
will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sites or Services, features that prevent or restrict the use or copying of content on the Sites or Services, or features that enforce limitations on the use of the Sites or Services;
will not post any defamatory, illegal, infringing or misappropriated content to the Sites or Services; and
will abide by all applicable laws.

FEES & PAYMENT

In order to purchase an Assessment and/or Report from us, you must purchase credits (“Credits”) at the then-current pricing, which will be communicated to you by Paradigm. The number of Credits required to purchase an Assessment and/or Report is set forth at [https://mydashboard.paradigmpersonality.com/consumer/credit-pricing], which may be updated by us from time to time in our sole discretion.

If you work with a Distributor, the relevant Distributor may purchase Credits for all of its customers and will distribute such Credits among such customers as agreed to between the Distributor and such customers.

NOTICE AND COMMUNICATIONS

You agree that we may communicate with you under these Terms of Use through email, regular mail or by posting any
notices on the Sites or Services. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on the Sites or Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

THIRD PARTIES

The Sites and Services may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site and provide these links as a convenience only. You agree that your use of a Third Party Site is at your own risk and that we are not responsible for the availability or contents of any Third Party Site and in no event shall we, our parent, subsidiaries and affiliates, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on the Sites or Services, even if informed of the possibility of such damages.

INTELLECTUAL PROPERTY

All content and information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, and software are the exclusive property of Paradigm or its licensors and are protected by United States and international copyright laws. Except for the limited license granted herein, these Terms of Use do not transfer from Paradigm to you any Paradigm or third party intellectual property rights, and all right, title and interest in and to the Sites and the Services will remain (as between you and Paradigm) solely with us.

The trademarks, service marks, logos, trade dress, graphics page headers, button icons, scripts, and service names (collectively, the “Marks”) included in or made available through the Sites or Services are, unless otherwise identified, the property of Paradigm or one of its related entities in the U.S. and other countries. The Marks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Sites or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Product names used on the Sites and Services are for identification purposes only and may likewise be the trademarks of their respective owners. No license or right is granted by implication, estoppel or otherwise to any Mark included in or made available through the Sites and Services.

NO WARRANTY

THE SITES, SERVICES AND ALL INFORMATION ON OR FROM THE SITES AND SERVICES (INCLUDING ALL REPORTS AND RAW DATA) ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR PARENT, SUBSIDIARIES AND AFFILIATES ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OR FAILURE BY THE SITES OR SERVICES OR ANY REPORTS OR RAW DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES AND SERVICES (INCLUDING ALL REPORTS AND RAW DATA) AND THEIR OPERATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE SITES OR SERVICES (INCLUDING ALL REPORTS AND RAW DATA) WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SITES AND SERVICES (INCLUDING ALL REPORTS AND RAW DATA) IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR PARENT, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITES OR SERVICES OR FROM ANY INFORMATION OR CONTENT ON THE SITES OR SERVICES (INCLUDING ALL REPORTS AND RAW DATA) INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY OUR DULY AUTHORIZED REPRESENTATIVE EVEN IF WE OR OUR PARENT, SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GOVERNING LAW

These Terms of Use and the relationship between you and us, including but not limited to claims relating to the Sites and Services will be governed by the laws of the State of North Carolina, without regard to conflict of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Mecklenburg County, North Carolina, and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.

SEVERABILITY

These Terms of Use are severable. If any provision contained in these Terms of Use is found to be illegal, invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the illegal, invalid or unenforceable provision shall be deemed modified so that they are legal, valid and enforceable to the maximum extent permitted by law.

ENTIRE AGREEMENT

These Terms of Use incorporate by reference any terms or notices contained on the Sites and Services, including but
not limited to the Privacy Policy, and contain the entire agreement between you and us regarding the use of the Sites and Services, and the ordering of products through the Sites and Services, and supersede any prior agreement, whether written or oral, between you and us regarding the subject matter contained in these Terms of Use.