Terms & Conditions
This Agreement outlines the terms and conditions governing membership, product sales, and affiliate participation, ensuring a comprehensive and rewarding experience for all parties involved.
Definitions
1. “Become Paragon” refers to the company offering fitness apparel, supplements, and a paid community membership, aimed at enhancing the lifestyle and fitness journey of its members and customers.
2. “Project Paragon” refers to the paid community membership program offered by Become Paragon, providing exclusive content, support, and resources for a monthly fee of $19.
3. “Fitness Apparel” refers to the clothing items sold by Become Paragon, designed specifically for fitness enthusiasts, with prices varying based on design and item type.
4. “Supplements” refer to the health and fitness products offered by Become Paragon, intended to support the fitness goals of its customers.
5. “Affiliate Program” refers to the initiative allowing individuals to promote Become Paragon’s products and earn commissions on resulting sales.
6. “Members” refer to individuals who subscribe to Project Paragon, gaining access to exclusive community benefits and resources.
7. “Customers” refer to individuals who purchase fitness apparel or supplements from Become Paragon, regardless of membership status.#Payment Methods
1. Accepted Payment Methods: Become Paragon accepts major credit and debit cards, including Visa, MasterCard, and American Express, as well as PayPal and other digital wallets for all transactions.
2. Subscription Billing Cycle: Project Paragon membership subscriptions are billed monthly. The subscription fee of $19 will be automatically charged to the customer’s chosen payment method each month.
3. Currency and Conversion Fees: All transactions are processed in U.S. dollars. Customers using a payment method with a different currency may incur conversion fees from their payment provider.
4. Payment Failures: In the event of a payment failure, such as a declined transaction, the customer will be notified and given a grace period to update their payment information to avoid service interruption.
5. Refunds and Chargebacks: Refunds are available only under certain conditions. Chargebacks may result in account suspension.
6. Taxes and Fees: Applicable taxes and fees will be added to the total purchase price and are the responsibility of the customer.
7. Security and Data Protection: Customer payment information is processed securely and in compliance with relevant data protection regulations.
8. Changes to Payment Methods: Become Paragon reserves the right to change accepted payment methods and will notify customers of any changes in advance.
9. Contact Information: For payment-related inquiries or issues, customers can contact Become Paragon’s customer support.#Limitation Of Liability
1. Scope of Liability: Become Paragon shall not be liable for any indirect, incidental, or consequential damages arising from the use of its products or services, including but not limited to loss of profits, data, or goodwill.
2. Product and Service Liability: Liability for any defects in fitness apparel, supplements, or issues arising from the Project Paragon membership is limited to the cost of the product or service purchased.
3. Cap on Liability: The maximum liability of Become Paragon for any claim related to the purchase of a product or service shall not exceed the amount paid by the customer for that specific product or service.
4. Disclaimers: All products and services are provided “as is” without any warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
5. User Responsibility: Users are responsible for their use of the products and services and must adhere to all provided instructions and guidelines.
6. Jurisdiction Compliance: This Limitation of Liability clause is governed by the laws of New Jersey, and any disputes shall be resolved under its jurisdiction.#Governing Law
1. Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States.
2. Scope: The governing law shall apply to the interpretation, construction, and enforcement of this agreement.
3. Choice of Forum: Any legal proceedings arising out of or related to this agreement shall be conducted in the courts located in New Jersey.
4. Company Interests: This clause is designed to protect the interests of Become Paragon by ensuring that any legal disputes are resolved in a jurisdiction favorable to the company.#Acceptable Use
1. Prohibited Activities: Users must not engage in any illegal activities, harassment, hate speech, or any form of discrimination within the community. Activities that could harm Become Paragon or other members are strictly prohibited.
2. Community Guidelines: Members are required to adhere to community guidelines that promote respect, support, and constructive interactions. Violations may result in suspension or termination of membership.
3. Product Use: Fitness apparel and supplements are intended for personal use only. Resale or redistribution of products without explicit permission from Become Paragon is prohibited.
4. Intellectual Property: All content provided within the community, including exclusive resources and materials, is the intellectual property of Become Paragon. Users must not copy, share, or use this content for commercial purposes without authorization.
5. Consequences of Violations: Violations of this acceptable use policy may result in warnings, suspension, or permanent termination of access to services and products.
6. Reporting Violations: Users can report violations of the acceptable use policy to Become Paragon, ensuring prompt action to maintain a safe environment.
7. Jurisdiction Compliance: This clause complies with New Jersey laws and regulations, particularly those related to online communities and consumer protection.
8. User Responsibility: Users are responsible for their actions and interactions within the community and when using products. They must comply with all applicable laws and regulations.#User-Generated Content
1. Ownership of Content: Users retain ownership of any content they create or submit, including text, images, videos, and any other form of media.
2. License Grant: By submitting content, users grant Become Paragon a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, publish, and distribute the content in any media for promotional and marketing purposes.
3. User Responsibility: Users are responsible for the content they submit and must ensure it does not infringe on any third-party rights or violate any laws.
4. Content Moderation: Become Paragon reserves the right to review, edit, or remove any user-generated content at its discretion to maintain quality and appropriateness within the community.
5. Attribution: While Become Paragon may use user-generated content, it is not obligated to provide attribution to the user unless required by law or agreed upon.
6. Termination of License: The license granted to Become Paragon survives the termination of the user’s account or membership, allowing continued use of the content.
7. Indemnification: Users must indemnify Become Paragon against any claims arising from the content they submit, protecting the company from legal issues related to user content.
8. Compliance with Laws: This clause complies with U.S. intellectual property laws and relevant state laws in New Jersey.
9. User Consent: By submitting content, users consent to the terms outlined in this clause.
10. Updates to the Clause: Become Paragon may update the User-Generated Content clause as needed, with notice to users.#Intellectual Property
1. Ownership of Intellectual Property: All intellectual property rights, including but not limited to trademarks, logos, designs, and content, are owned by Become Paragon. This ownership extends to all materials available on the website, within the Project Paragon community, and in any promotional materials.
2. Trademarks and Logos: The company’s name, logo, and associated branding elements are protected under trademark law. Unauthorized use, reproduction, or distribution of these elements is strictly prohibited.
3. Designs and Apparel: All designs related to fitness apparel are proprietary to Become Paragon. Any reproduction or imitation of these designs without express permission is prohibited.
4. Community Content: All content provided within the Project Paragon community, including exclusive resources, guides, and materials, is protected by copyright. Members are prohibited from sharing, distributing, or reproducing this content outside the community.
5. User-Generated Content: Users retain ownership of any content they create within the community. However, by submitting content, users grant Become Paragon a non-exclusive, royalty-free, perpetual license to use, reproduce, and distribute such content for promotional and operational purposes.
6. Prohibition of Infringement: Any infringement of Become Paragon’s intellectual property rights is prohibited. In the event of infringement, Become Paragon reserves the right to take legal action or terminate membership.
7. Licensing and Permissions: Any licensing agreements or permissions granted to third parties for the use of Become Paragon’s intellectual property will be subject to specific terms and conditions as outlined in separate agreements.
8. Jurisdiction and Compliance: This clause is governed by U.S. intellectual property laws, specifically those applicable in New Jersey. Compliance with these laws is required in all aspects of this clause.
9. Amendments and Updates: Become Paragon reserves the right to update or amend this intellectual property clause as needed to reflect changes in the law or business practices.#Confidentiality/Non-Disclosure
1. Definition of Confidential Information: Confidential Information includes, but is not limited to, proprietary content, customer data, business strategies, marketing plans, financial information, and any other sensitive information related to the operations of Become Paragon.
2. Obligations of the Parties: All parties, including employees, affiliates, and members, must keep all Confidential Information private and not disclose it to any third parties without prior written consent from Become Paragon.
3. Permitted Disclosures: Confidential Information may be disclosed if required by law or to professional advisors who are also bound by confidentiality obligations.
4. Duration of Confidentiality: The confidentiality obligations shall remain in effect indefinitely, or for a period of five years following the termination of the relationship, whichever is longer.
5. Consequences of Breach: Breaching the confidentiality obligations may result in legal action, financial penalties, or termination of the relationship with Become Paragon.
6. Return or Destruction of Information: Upon termination of the relationship or upon request by Become Paragon, all Confidential Information must be returned or destroyed.
7. Governing Law: This confidentiality clause is governed by the laws of New Jersey.
8. Acknowledgment of Understanding: All parties acknowledge that they have read, understood, and agree to the terms of this confidentiality clause.#Dispute Resolution
1. Arbitration as Primary Method: Any disputes arising from or related to the services, products, or agreements with Become Paragon shall be resolved through binding arbitration.
2. Scope of Arbitration: This arbitration clause covers disputes related to membership services, product sales, and affiliate agreements. Claims related to intellectual property or injunctive relief are excluded.
3. Arbitration Rules: The arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA). 4. Selection of Arbitrators: The arbitration shall be conducted by one arbitrator. Each party may select one arbitrator, and a third arbitrator will be chosen by mutual agreement or by the AAA.
5. Location of Arbitration: The arbitration proceedings shall take place in New Jersey.
6. Confidentiality: All aspects of the arbitration process, including proceedings and any settlement, shall remain confidential.
7. Costs and Fees: Each party shall bear its own arbitration costs and fees. The prevailing party may recover reasonable attorney’s fees.
8. Finality and Enforceability: The arbitrator’s decision shall be final and binding, with limited grounds for appeal. The arbitration award may be entered as a judgment in any court of competent jurisdiction.
9. Exceptions to Arbitration: Exceptions to this arbitration requirement include small claims court actions and claims for injunctive relief.
10. Severability: If any part of this dispute resolution clause is found to be unenforceable, the remaining provisions shall remain valid.#Data Protection and Privacy
1. Introduction and Scope This Data Protection and Privacy clause applies to all personal data collected through Become Paragon’s services, including community membership, fitness apparel sales, and supplements.
2. Data Collection We collect personal data such as names, contact information, payment details, and data related to fitness goals or preferences. Data is collected through our website, mobile app, and any other platforms used by Become Paragon.
3. Purpose of Data Collection Personal data is collected for processing orders, providing community support, personalizing user experience, and marketing communications. This data is essential for enhancing user interaction with our services.
4. Legal Basis for Processing The processing of personal data is based on user consent, contractual necessity, or the legitimate interests of Become Paragon.
5. Data Sharing and Disclosure Personal data may be shared with third parties such as payment processors, shipping companies, or marketing partners. All data sharing complies with applicable laws and is limited to what is necessary.
6. Data Security We employ security measures such as encryption, access controls, and regular security audits to protect personal data. Users can be assured that their data is handled securely.
7. User Rights Users have the right to access, correct, delete, or restrict processing of their personal data. To exercise these rights, users can contact us through the provided contact information.
8. Data Retention Personal data is retained only as long as necessary, based on criteria such as legal requirements and business needs.
9. International Data Transfers If applicable, international data transfers are conducted with appropriate safeguards to protect data outside the user’s jurisdiction.
10. Cookies and Tracking Technologies We use cookies and similar technologies to enhance user experience. Users can manage their cookie preferences through their browser settings.
11. Contact Information For privacy-related questions or concerns, users can contact us at privacy@becomeparagon.com.
12. Updates to the Clause Become Paragon may update this Data Protection and Privacy clause. Users will be notified of any changes through our website or direct communication.#Termination
1. Termination by Become Paragon: 1.1. Become Paragon may terminate this agreement if the member breaches any terms of the agreement. 1.2. Termination may occur if the member fails to pay any fees due. 1.3. Misuse of the community or products by the member will result in termination. 1.4. Engagement in illegal activities by the member will lead to termination. 1.5. Become Paragon reserves the right to terminate the agreement at its discretion to protect its interests or the integrity of the community.
2. Termination by the Member: 2.1. Members may terminate their membership at any time, with or without cause. 2.2. Termination by the member does not entitle them to a refund for fees already paid, unless specified in a refund policy.
3. Notice Period: 3.1. Members must provide a 30-day notice period for termination, allowing time for processing and administrative tasks.
4. Effect of Termination: 4.1. Upon termination, the member’s access to the community, resources, and benefits will cease. 4.2. Any outstanding obligations, such as unpaid fees, remain due after termination.
5. Survival of Terms: 5.1. Provisions related to confidentiality, intellectual property rights, and liability limitations shall survive termination.
6. Jurisdictional Considerations: 6.1. This termination clause complies with New Jersey state laws and relevant federal regulations regarding contract termination.#Contract
1. Introduction and Scope
1.1 Parties: This agreement is entered into by and between Become Paragon, a company based in New Jersey, United States, and the customer or member engaging with Become Paragon’s services and products.
1.2 Scope: This contract governs the terms and conditions related to the services and products offered by Become Paragon, including community membership, fitness apparel, supplements, and participation in the affiliate program.
2. Membership Terms
2.1 Subscription Fee: The Project Paragon membership is available at a monthly subscription fee of $19.
2.2 Benefits: Members receive exclusive content, support, and resources related to fitness and lifestyle.
2.3 Renewal and Cancellation: Membership renews automatically each month unless canceled by the member. Members may cancel at any time, with cancellations taking effect at the end of the current billing cycle.
2.4 Refund Policy: Refunds are not provided for partial months or unused services.
3. Product Sales
3.1 Pricing and Payment: Fitness apparel and supplements are sold individually, with prices varying by design and item. Payment methods include credit card and other accepted payment platforms.
3.2 Shipping and Delivery: Products are shipped to the address provided by the customer. Delivery times may vary based on location.
3.3 Disclaimers: Product availability is subject to change. Become Paragon disclaims liability for product defects or risks associated with supplement use.
4. Affiliate Program
4.1 Eligibility: Participation in the affiliate program is subject to eligibility criteria set by Become Paragon.
4.2 Commission Structure: Affiliates earn commissions on sales generated through their promotional efforts, as outlined in the program terms.
4.3 Obligations: Affiliates must adhere to promotional guidelines and comply with applicable laws.
5. Responsibilities and Obligations
5.1 Customer Obligations: Customers must provide accurate information, comply with community guidelines, and adhere to payment terms.
5.2 Become Paragon Obligations: Become Paragon will provide the services and products as described, subject to the terms of this agreement.
6. Limitations and Disclaimers
6.1 Liability: Become Paragon limits its liability for product defects, service interruptions, or inaccuracies in content provided to members.
7. Termination and Suspension
7.1 Conditions: Either party may terminate or suspend the contract for breach of terms, non-payment, or violation of community guidelines.
8. Dispute Resolution
8.1 Process: Disputes will be resolved through mediation or arbitration, as appropriate for the jurisdiction.
9. Miscellaneous Provisions
9.1 Confidentiality: Parties agree to maintain the confidentiality of proprietary information.
9.2 Intellectual Property: Intellectual property rights remain with Become Paragon.
9.3 Data Protection: Become Paragon will protect customer data in accordance with applicable laws.
10. Acceptance of Terms
10.1 Agreement: By using Become Paragon’s services or purchasing products, the customer or member agrees to the terms and conditions outlined in this contract.#Force Majeure
1. Definition of Force Majeure Events: A Force Majeure event includes, but is not limited to, natural disasters such as earthquakes and floods, pandemics, government actions including lockdowns and regulations, labor strikes, supply chain disruptions, and technological failures.
2. Scope of Impact: This clause applies to all aspects of Become Paragon’s business operations, including community membership services, apparel sales, and supplement distribution.
3. Obligations During Force Majeure: During a Force Majeure event, Become Paragon is excused from fulfilling its obligations under this agreement, including delays or inability to provide services, deliver products, or maintain community operations.
4. Notification Requirement: Become Paragon must notify its members and customers as soon as reasonably possible after the occurrence of a Force Majeure event, detailing the event, its expected impact, and any anticipated duration.
5. Mitigation Efforts: Become Paragon shall make reasonable efforts to mitigate the effects of the Force Majeure event and resume normal operations as soon as possible.
6. Resolution and Termination: If the Force Majeure event continues for more than 60 days, either party may terminate the agreement without penalty.
7. Jurisdiction Compliance: This clause complies with New Jersey state laws regarding contract enforceability and Force Majeure provisions.#Severability
In the event that any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the original intent and economic effect of the invalid or unenforceable provision.
Waiver
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, provision, or condition, or of any other term, provision, or condition of this Agreement. Any waiver must be in writing and signed by the party granting the waiver.
Entire Agreement
This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the parties. No amendment or modification of this Agreement shall be binding unless executed in writing by both parties.