Last Updated: July 25, 2022
www.paradigmpersonality.com (each, a “Site” and, collectively, the “Sites”), as well as any platforms, applications,
accessing or using the Sites and/or Services.
and conditions contained herein. BY ACCESSING AND/OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND
represent and warrant that: (i) you have full legal authority to bind your employer, organization or the applicable
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
your employer or the relevant Distributor whether any such separate agreement exists that governs your access to and use
us and your employer or the relevant Distributor, as applicable, that agreement shall prevail.
time that you access the Sites and/or use the Services, as your continued use of the Sites and Services after we
use our Sites or Services.
is located here.
Additionally, to the extent we process personal data in connection with your use of the Services, the terms of our
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 ProfileTM 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.
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.
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
POSTING CONTENT TO THE SITES AND SERVICES
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
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
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
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.
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
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
right, title and interest in and to the Sites and the Services will remain (as between you and Paradigm) solely with
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.
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.
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
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.
Sites and Services, and the ordering of products through the Sites and Services, and supersede any prior agreement,