AGREEMENT BETWEEN USER AND PARONE GROUP
The PARONE GROUP (PG) Website is composed of various web pages operated by PG. “PG Website” shall be defined herein to include www.paronegroup.com and mobile application and all other web pages operated or hosted exclusively by PG (“Services”).
The PG Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the PG Website constitutes your agreement to all such terms, conditions and notices.
LINKS TO THIRD PARTY SITES
The PG Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PG, and PG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PG is not responsible for any form of transmission received from any Linked Site. PG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PG of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PG Website, you warrant to PG that you will not use the PG Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the PG Website in any manner, which could damage, disable, overburden, or impair the PG Website or interfere with any other party’s use and enjoyment of the PG Website. You may not access the Website to impersonate any person or entity; interfere with or disrupt the operation of the Website or access to it; transmit or otherwise make available in connection with the Website or access to it a virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file or program; modify, adapt or translate any portion of the Website; remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PG Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
Generally, cyber-bullying means systematically and chronically inflicting physical hurt or psychological distress on one or more persons that is severe or pervasive enough to create an intimidating, hostile, or offensive environment; or unreasonably interfere with an individual. Each jurisdiction may have different definitions. PG reserves the right to disable, terminate, suspend and/or revoke any subscription/membership or account that engages in or is suspected of engaging in cyber-bullying activity whether or not such activity falls under the definition of cyber-bullying in that jurisdiction. PG reserves the right to disable, terminate, suspend and/or revoke any subscription/membership or account that PG believes unreasonably interferes with an individual or has the ability to inflict severe distress or create a hostile or intimidating environment. Any user may report such activity to firstname.lastname@example.org
PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to PG for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify PG immediately at email@example.com You agree not to share access to the PG site.
MATERIALS PROVIDED TO PG OR POSTED TO ANY PG WEBSITE
PG does not claim ownership of the materials you provide to PG or post, upload, input or submit to any PG Website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PG and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with PG. Confidential business information and other proprietary business information shall not be disclosed unless authorized or required by law and shall not be subject to this section.
No compensation will be paid with respect to the use of your Submission, as provided herein. PG is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PG’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
PG reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the PG Website and the related services or any portion thereof at any time, without notice.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PG WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PG WEBSITE AT ANY TIME.
PG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PG WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PG AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Except as prohibited by law, you will hold PG and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICES
PG respects the intellectual property of others, and, particularly as to user generated content in comments, posts, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PG’s Legal Counsel at firstname.lastname@example.org the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
PRIVACY AND PERSONAL INFORMATION
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and PG have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by PG on the Services are subject to change without specific notice to you.
All contents of the PG Website are: Copyright 2016 by PG and/or its suppliers. All rights reserved.
All PG trademarks are strictly owned by PG, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any PG trademark without written authorization from PG.
The names of actual companies and products mentioned within the PG Website may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
GENERAL LEGAL TERMS
The Terms constitute the whole legal agreement between you and PG and govern your use of the Services (but excluding any services which PG may provide to you under a separate written agreement), and completely replace any prior agreements between you and PG in relation to the Services.
You acknowledge and agree that the form and nature of the Services, which PG provides, may change from time to time with or without prior notice to you.
As part of PG’s continuing innovation, you acknowledge and agree that PG may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at PG’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform PG when you stop using the Services.
You acknowledge and agree that if PG disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
You acknowledge and agree that while PG may not currently have set a fixed limit on the number of transmissions, posts or comments you may send, receive or store/manage through the Services, such fixed limits may be set by PG at any time, at PG’s discretion.
You agree that if PG does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PG has the benefit of under any applicable law), this will not be taken to be a formal waiver of PG’s rights and that those rights or remedies will still be available to PG.
Unless PG has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Software. This means also that you shall not share your password or member access with non-members or ineligible members.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and PG have benefited from, been subject to (or which have accrued over time while the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or PG (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the State of Florida, County of Broward, USA and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the State of Florida, USA. The arbitration requirement does not apply to requests for injunctive relief.
Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both Parties each waive any right to a jury trial. Parties both agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Venue for any such suit shall be in the State of Florida, Broward County, USA.
The Terms, and your relationship with PG under the Terms, shall be governed by the laws of the State of Florida, USA, without regard to conflict of laws provisions. You and PG agree to submit to the exclusive jurisdiction of the courts located within the State of Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that PG shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.
These Terms are effective as of August 13, 2016.