Terms of Service

I agree that by completing the check-out process, I am responsible for the monthly charges associated with my purchase until I have provided written cancellation to Constellation1 (email is acceptable) as described in this paragraph and that I have read, agree to be bound by and will comply with the Constellation1 and Paradym Terms of Service below. Constellation1 will provide a 30-day trial period during which I can cancel the agreement. If the order is cancelled during the 30-day trial period, Constellation1 will refund the monthly fee for the first month; set-up fees are non-refundable. If the order is not cancelled during the 30-day trial period, I agree to an initial one-year agreement, after which it will renew for successive one-month periods. The agreement may be terminated at the end of the one-year term or any following month thereafter by providing at least 30 days advance notification of my cancellation of any products purchased as part of this offer. I understand that I am responsible for keeping an updated credit card on file for my payment. If my account should fall behind more than 60 days, I understand my service may be interrupted and a $20 reactivation fee may apply.

Constellation1 Website & CRM – Terms of Service

Last revised: January 3, 2020

PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS A USER OF THIS WEBSITE AND RELATED SERVICES (“USER” OR “YOU”) AND CONSTELLATION WEB SOLUTIONS, INC., OR AN AFFILIATE THEREOF (COLLECTIVELY, “CWS” OR “WE”). THIS USER AGREEMENT, TOGETHER WITH THE CWS PRIVACY POLICY AND ALL APPLICABLE CWS AGREEMENTS, RULES AND POLICIES CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND CWS REGARDING YOUR USE OF THIS WEBSITE (“SITE”) AND ATTENDANT SERVICES PROVIDED BY OR ON BEHALF OF CWS (“SERVICE”). BY ACCESSING OR USING THE SITE OR SERVICE YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU HAVE NOT READ THIS AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THIS AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE THE SITE OR SERVICE.

NOTE THAT, AS DETAILED FURTHER BELOW, DISPUTES ABOUT THIS AGREEMENT OR RELATING TO THE SITE OR SERVICE GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY.

  1. Description of Site and Service

Through the Site and Service, CWS offers certain services and solutions to real estate professionals to help such professionals build their businesses. These tools include various software solutions designed to help real estate professionals build websites, manage and optimize leads for new business, and customize advertisement campaigns, as well as webinars, podcasts, and other training support. The Site and Service are provided solely as a forum and technical interface that may connect homeowners with locally licensed real estate agents, brokers, and other home-related service providers. CWS does not provide any real estate, appraisal, or home-related services, and we do not hold ourselves out as being licensed to perform any such services. CWS does not sponsor, endorse, recommend, or approve of any real estate agent, broker, or other home-related service provider who offers services through the Site or Service (or related sites or services provided by or on behalf of CWS). While we try to confirm that participating real estate agents, brokers, and other home-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker, or other home-related service provider who offers services through the Site or Service (or related sites or services provided by or on behalf of CWS) is licensed, qualified, or capable of performing any such service.

  1. Scope and Acceptance

Anyone who accesses or uses the Site or Service is a “User.” This Agreement sets forth your rights and obligations as a User with respect to your access to and use of the Site or Service and use of any and all information or data of any kind arising from access to, or use of, the Site or Service, including, without limitation, any text, graphics, photos, audio, video, or other content. If you are accessing or using the Site or Service on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to this Agreement.

The Site and Service are not intended or authorized for use by persons under the age of thirteen (13). By using the Site or Service, you represent and warrant that you are thirteen (13) years of age or older and that you agree to and agree to abide by all of the terms and conditions of this Agreement. If CWS believes that you are under the age of thirteen (13) or that you are not old enough to consent to and be legally bound by this Agreement, CWS may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the Site and Service (or any portion, aspect, or feature thereof), or (ii) delete any content or information that you have posted through the Site or Service.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THIS AGREEMENT (INCLUDING THE PRIVACY POLICY) FROM TIME TO TIME, WITHOUT PRIOR NOTICE. ANY CHANGES TO THIS AGREEMENT WILL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE REVISED AGREEMENT ON THE SITE, AND YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THIS AGREEMENT PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE OR SERVICE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CHANGES TO THIS AGREEMENT IS TO DISCONTINUE USE OF THE SITE AND SERVICE.

THIS AGREEMENT APPLIES TO THE SITE AND SERVICE, AND, UNLESS EXPRESSLY STATED HEREIN, DOES NOT ALTER THE TERMS AND CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH CWS OR ITS AFFILIATES.

  1. Additional Terms

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site or Service, all of which terms, as applicable, are made a part of this Agreement by this reference, including but not limited to those listed below. You agree to abide by these additional terms, as applicable. If there is a conflict between this User Agreement and the terms posted for or applicable to a specific portion of the Site or Service or for any service or product offered on or through the Site or Service, the latter terms shall control with respect to your use of that portion of the Site or Service or the specific service or product.

In addition to this User Agreement, the following are “Additional Terms” that may apply to your use of the Site or Service, or a service or product offered on or through the Site or Service:

CWS Privacy Policy, which describes CWS’s policies with respect to the collection, use, and disclosure of personal information from you; and

Each of these policies and agreements may be changed from time to time and are effective immediately upon posting such changes to the Site.

  1. Account Information and Security

In order to use certain areas of the Site or Service, we may ask you to create an account and select a password and/or provide us with certain personal information. This information will be held and used in accordance with CWS’s Privacy Policy. By filling out any forms on the Site, providing information to us or making any inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, email, mail, texting or otherwise.

You agree that you will provide us with accurate, complete, and updated information on your account. You are responsible for maintaining the security of your account. We recommend that you do not share your account details or your password with others. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITY ASSOCIATED WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU, INCLUDING CONTENT PUBLISHED OR PURCHASES MADE THROUGH YOUR ACCOUNT.

Please notify us immediately of any actual or suspected loss, theft, fraud, or unauthorized use of your account or account password. Please note that if a “Public Area” is available on the Site or Service, such as a forum, message board, or other community area that allows User posts, you are solely responsible for any information, text, photos, content or material that you upload, post or transmit to such area. You are also responsible for your reliance on any communications found in such areas. If you feel you or someone is in danger, or you believe illegal conduct may take place or has taken place, you should contact your local law enforcement agency immediately. If you believe you may have a medical emergency, call your doctor or 911 immediately.

  1. Operation

The specific features and functionality of the Site and Service are dynamic and may change from time to time. We reserve complete and sole discretion with respect to the operation of the Site and Service. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Site or Service at any time.

  1. Inaccuracies on the Site and Service

The Site or Service may include inaccuracies or errors, and additions, deletions, and alterations could be made to the Site or Service by unauthorized third parties. Although CWS attempts to ensure the integrity of the Site and Service, it makes no guarantees as to the timeliness, completeness, or accuracy of the Site or Service or any of the content on the Site or Service. Further, CWS does not make any assurance as to the timeliness, completeness, or accuracy of information provided by any real estate agent, broker, or other home-related service provider, including any home evaluation or other related follow-up.

If you believe any portion of the Site or Service includes an error or inaccuracy, please notify us.

  1. Availability of the Site and Service

It is not possible to operate the Site or Service with 100% guaranteed uptime. CWS will make reasonable efforts to keep the Site and Service operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Site or Service. In addition, CWS reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the Site or Service, with or without notice.

You agree that CWS shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the Site or Service.

  1. Technical Requirements

Use of the Site and Service requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Site or Service, including from any notifications provided by the Site or Service. CWS does not guarantee that the Site or Service will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript, cookies, or other technologies enabled to use certain features of the Site or Service; if you do not have or do not implement or enable these technologies, certain features of the Site or Service may not be functional for you.

  1. CWS Proprietary Rights

The Site and Service are owned and operated by or on behalf of CWS. The name and logos, the names, slogans, and logos associated with CWS products and services, and other CWS marks referenced on the Site and Service are trademarks of CWS in the United States and other countries. All other company names, logos, and marks are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use CWS’s name, logos, or other marks displayed on the Site or Service, except as expressly provided herein or by obtaining the written permission of CWS. The content, structure, “look and feel,” and all other elements of the Site and Service (“CWS Materials”) are owned, controlled or licensed by or to CWS, and are protected by copyright and other intellectual property laws of the United States and other jurisdictions. You may not sell, license, distribute, copy, publish, publicly perform or display, modify, adapt, translate, or create derivative works from, or otherwise make unauthorized use of, the CWS Materials without CWS’s express prior written consent. CWS reserves all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the CWS Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement. You acknowledge that CWS will aggressively enforce its intellectual property rights with respect to its CWS Materials to the fullest extent of the law.

  1. Permitted Use

Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Site and Service and related materials solely for your own personal use in accordance with the license scope and use restrictions specified in this Agreement and any other applicable agreement between you and CWS.

You agree not to use the Site or Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will not do, or attempt to do, any of the following, unless expressly authorized by CWS to do so:

(a) alter or modify the Site or Service, or make any electronic reproduction, adaptation, distribution, performance, or display of the Site or Service, or any portion thereof, except to the extent permitted by the intent and functionality of the Site or Service or as required for the limited purpose of reviewing material on or interacting with the Site or Service for the intended purpose of the Site or Service;

(b) sell, rent, lease, transfer, distribute, or assign to any third party any rights to the Site or Service, or related materials;

(c) remove or modify any proprietary notice or labels on the Site or Service, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website or application;

(d) use the Site or Service for any non-authorized commercial purpose or any illegal purpose, including any comparative or competitive research purposes;

(e) copy, modify, or erase any information contained on computer servers used or controlled by CWS or any third party except to the extent permitted by the intent and functionality of the Site or Service;

(f) use the Site or Service to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable;

(g) access or use any password-protected, secure, or non-public areas of the Site or Service, or access data on the Site or Service, not intended for you, except as specifically authorized in writing by CWS;

(h) impersonate or misrepresent your affiliation with any person or entity, or allow a third party to use your identification or to pretend to be you;

(i) use any automated means to access or use the Site or Service, including scripts, bots, scrapers, data miners, or similar software, or display the Site or Service, or portions thereof, in things (e.g., deep linking, framing, scraping, etc.), without our express written permission;

(j) attempt to or actually disrupt, impair, or interfere with the Site or Service, or any information, data, or materials posted or displayed by CWS;

(k) attempt to probe, scan, or test the vulnerability of the Site or Service or breach any implemented security or authentication measures, regardless of your motives or intent;

(l) attempt to interfere with or disrupt access to or use of the Site or Service by any User, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code;

(m) post any content to the Site or Service that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to CWS’s mission; or

(n) use the Site or Service in any manner whatsoever that could lead to a violation of any federal, state, or local laws, rules, or regulations.

  1. CCPA Obligations

(a) CWS will only collect, use, retain, or disclose personal information of California consumers for the Contracted Business Purposes for which you provide personal information or permit personal information access in accordance with your instructions. “Contracted Business Purposes” means the services and/or products described in this Agreement for which [the Service Provider] receives or accesses personal information. Any terms defined in the California Consumer Privacy Act of 2018, as amended (Cal. Civ. Code งง 1798.100 to 1798.199), and any related regulations or guidance provided by the California Attorney General (“CCPA”), including “personal information” and “business purposes” carry the same meaning in this Section [11].

(b) CWS will not collect, use, retain, disclose, sell, or otherwise make personal information of California consumers available for CWS’s own commercial purposes or in a way that does not comply with the CCPA. If a law requires CWS to disclose personal information of a California consumer for a purpose unrelated to the Contracted Business Purpose, CWS will first inform you of the legal requirement and give you an opportunity to object or challenge the requirement, unless the law prohibits such notice.

(c) CWS will limit collection, use, retention, and disclosure of personal information of California consumers to activities reasonably necessary and proportionate to achieve the Contracted Business Purposes or another compatible operational purpose.

(d) CWS will promptly comply with any request or instruction from you requiring CWS to provide, amend, transfer, or delete the personal information of California consumers, or to stop, mitigate, or remedy any unauthorized processing.

(e) If the Contracted Business Purposes require the collection of personal information from California consumers on your behalf, CWS will provide a CCPA-compliant notice addressing use and collection methods.

(f) If the CCPA permits, CWS may aggregate, deidentify, or anonymize personal information of California consumers so it no longer meets the personal information definition, and may use such aggregated, deidentified, or anonymized data for its own research and development purposes. CWS will not attempt to or actually re-identify any previously aggregated, deidentified, or anonymized data and will contractually prohibit downstream data recipients from attempting to or actually re-identifying such data.

11.1 Assistance with Your CCPA Obligations

(a) CWS will reasonably cooperate and assist you with meeting the your CCPA compliance obligations and responding to CCPA-related inquiries, including providing a template privacy policy for any website hosted by CWS on your behalf, responding to verifiable consumer requests, taking into account the nature of CWS’s processing and the information available to the CWS. CWS’s provision of a template privacy policy does not constitute and is not a substitute for legal advice.

(b) CWS will notify you immediately if it receives any complaint, notice, or communication that directly or indirectly relates either party’s compliance with the CCPA related to the Contracted Business Purposes. Specifically, CWS will notify you within 15 working days if it receives a verifiable consumer request under the CCPA.

11.2 CCPA Warranties

(a) Both parties will comply with all applicable requirements of the CCPA when collecting, using, retaining, or disclosing personal information of California consumers.

(b) Service Provider warrants that it has no reason to believe any CCPA requirements or restrictions prevent it from providing any of the Contracted Business Purposes or otherwise performing under this Agreement. CWS will promptly notify you of any changes to the CCPA’s requirements that may adversely affect its performance under the Agreement.

11.3 No Subcontracting

CWS will not use a subcontractor to provide the Contracted Business Services.

  1. Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding CWS or the Site or Service provided by you in the form of postings on the Site or Service, e-mail, or other communication or submission to us, or, are unsolicited and non-confidential. We will own exclusive rights, including all intellectual property rights, in and to such submissions, and we will be entitled to the unrestricted use of such submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  1. User Content

CWS may, at our sole discretion, permit Users to post, upload, publish, submit, or transmit text, graphics, photos, audio, video, or other content (collectively, “User Content”). By making available any User Content on or through the Site or Service, you hereby grant CWS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through multiple tiers), to view, use, copy, distribute, publicly display and perform, transmit, stream, broadcast, adapt, modify, create derivative works of, and otherwise exploit such User Content on, through, or by means of the Site or Service. CWS does not claim any ownership rights in any such User Content, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit such User Content independent of the Site or Service.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Service or you have all rights, licenses, consents, and releases that are necessary to grant to CWS the rights in such User Content, as contemplated under this Agreement; (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or CWS’s use of the User Content (or any portion thereof) on, through, or by means of the Site or Service will infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (iii) all User Content complies with the permitted use of the Site and Service under this Agreement; and (iv) the User Content does not include any false or misleading information and was not submitted under false pretenses.

CWS may, but is not obligated to, (a) record, monitor, modify, or disclose User Content; (b) investigate a complaint that User Content violates this Agreement, and determine in our sole discretion whether to remove the User Content or take other action; (c) remove User Content if we determine in our sole discretion that a violation of the Agreement has occurred or may occur in the future; and/or (d) terminate a User’s access to the Site or Service (or any portion thereof) if he or she has violated this Agreement.

  1. Third Party Content

The Site and Service may contain or display various materials and content from third parties, including advertising and promotional content (“Third Party Content”). The mere display on or through the Site or Service of such Third Party Content does not in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by CWS of any third party or any affiliation between any such third party and CWS. Furthermore, in using and accessing the Site or Service, you agree that CWS is in no way responsible for the timeliness, completeness, or accuracy of Third Party Content. CWS’s display of specific Third Party Content does not suggest a recommendation by CWS of the third party or any products or services offered by the third party. Your interaction with any third party accessed through the Site or Service (whether online or offline) is at your own risk, and CWS will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third party.

The Site or Service may also contain references or links to third-party properties, such as websites and other online services, not controlled by CWS. CWS provides such references and links solely as a convenience to you and such references and links should not be considered endorsements or recommendations of such third-party properties. You acknowledge and agree that CWS is not responsible for any aspect of the information or content contained in any third-party properties. You agree that CWS is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such third-party properties. If you access, visit, or use any third-party properties referred to on the Site or Service, you do so at your own risk.

For the avoidance of doubt, this Agreement applies solely to the Site and Service and does not apply to any third party website that may be accessed via third party links on the Site or Service. We encourage you to review the third party agreements of any third party website you choose to access, as their agreements may differ from ours.

  1. Disclaimers

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SITE AND SERVICE ARE AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SITE AND SERVICE (INCLUDING ALL CWS MATERIALS, THIRD-PARTY CONTENT, AND ALL PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITE) ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CWS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE SITE OR SERVICE; (B) ANY LINKS, INFORMATION, AND MATERIALS ON THE SITE OR SERVICE (INCLUDING CWS MATERIALS, USER CONTENT AND THIRD PARTY CONTENT); AND (C) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR SERVICE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. CWS MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE OR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. CWS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall CWS or any of its affiliates, partners, officers, employees, agents, contractors, successors, or assignees be liable to you (including any of your partners, officers, employees, agents, contractors, successors, or assignees) for any DIRECT, indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), including, without limitation, damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connection with (a) the Site or Service; or (b) any products and services offered through the SITE OR SERVICE, even if CWS has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.

If, Despite the foregoing limitation of liability for damages, a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall be no greater than one hundred U.S. dollars ($100).

  1. Indemnity

You understand and agree that you are personally responsible for your behavior in connection with USE OF the SITE OR SERVICE. You agree to indemnify, defend, and hold harCWSess CWS, its parents, subsidiaries, and affiliates, and its and their respective directors, officers, partners, employees, agents, contractors, successors, and assigns from and against all claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses (including, but not limited to, reasonable fees and disbursements of counsel and court costs), judgments, settlements, and penalties of every kind arising from or relating to any BREACH of this agreement and any activity related to your use of the SITE OR SERVICE.

  1. Termination

You agree that CWS may, in its sole discretion and without prior notice, terminate your access to or use of any of the Site or Service at any time and for any reason, with or without cause. You agree that CWS will not be liable to you or to any third party for termination of your access to, or use of, the Site or Service as a result of any breach of the Agreement or for any reason at all. Furthermore, we reserve the right not to respond to any requests for information for any reason, or no reason.

You also agree that any breach by you of this Agreement may constitute an unlawful and unfair business practice that may cause irreparable harm to CWS for which monetary damages would be inadequate. You consent to CWS’s obtaining any injunctive or equitable relief that CWS deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies CWS may have at law or in equity.

  1. Copyright Infringement

We take copyright violations very seriously. We may remove material from the Site or Service that appears in our sole discretion to infringe upon the copyright or other intellectual property rights of others, and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on the Site or Service without authorization, or has been mistakenly removed, you may notify our copyright agent as provided below, and provide the following information:

(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner;

(b) identification of the copyrighted work or works claimed to have been infringed, or mistakenly removed;

(c) a detailed description of the material you claim is infringing, or has been mistakenly removed, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;

(d) your name, mailing address, telephone number, and e-mail address;

(e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law, or has been mistakenly removed; and

(f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

To notify CWS of claimed copyright infringement, or to file a counter-notice in response to a takedown, please contact us at:

Agent: Perseus Legal Department

Address: 11350 McCormick Rd., EP3, Suite 200, Hunt Valley, MD 21031

Email address: Legal@csiperseus.com

  1. International Use

The Site and Service are hosted from the United States, and CWS’s corporate office and activities are located in and directed from the United States. If you access the Site or Service from outside the United States, your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.

Access to and use of the Site and Service are unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including this section. CWS makes no representation that the Site or Service or any aspect thereof will be available or appropriate for use in locations outside of the United States. Those who choose to access the Site or Service from locations outside the United States do so at their own risk and are responsible for compliance with local laws and regulations. Users are responsible for compliance with all United States export laws and regulations when exporting any products, services, content, or materials provided through the Site or Service.

  1. Dispute Resolution and Binding Arbitration

21.1 Initial Dispute Resolution Process. CWS intends to resolve any and all disputes that may arise between it and its Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to CWS in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. CWS shall respond promptly with responsive information from its perspective. You and a representative of CWS shall communicate promptly following the delivery of the response, and as often as you and CWS mutually deem necessary or desirable thereafter, in an attempt to resolve the matter.

21.2 Arbitration. After failing to mutually settle any disputes informally as described above, and except for equitable claims, small claims court, and claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s intellectual property, any controversy or claim arising out of or relating to this Agreement shall be submitted to and settled through binding arbitration. All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrator may disclose the existence, content, or results of the arbitration, except as necessary to comply with legal or regulatory requirements.

21.3 Class Action Waiver. You and CWS agree that any proceedings to resolve or litigate any dispute, whether through a court of law or arbitration, shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, private attorney general action, or similar action.

21.4 Wavier of Jury Trial. THE PARTIES UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH PARTIES ARE GIVING UP A RIGHT TO A JURY TRIAL.

  1. Miscellaneous.

22.1 Applicable Law and Venue. This Agreement and any action related to this Agreement will be governed by the laws of the State of Maryland, without regard to the choice or conflicts of law provisions of any jurisdiction. You and CWS agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to the Site or Service or this Agreement that are not submitted to arbitration will be exclusively in the federal or local courts located in Maryland.

22.2 Entire Agreement. This Agreement (including the various Additional Terms incorporated herein by reference) constitutes the entire agreement between you and CWS relating to the subject matter hereof, and supersedes any and all prior agreements, negotiations, or other communications between you and CWS, whether oral or written, with respect to the subject matter hereof..

22.3 Severability. In the event that any provision of this Agreement is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation, shall be deemed severed from this Agreement; and (b) the validity and enforceability of all of the other provisions hereof shall in no way be affected or impaired thereby.

22.4 Waiver. No failure or delay in enforcing any provision, exercising any option, or requiring performance shall be construed to be a waiver of that or any other right in connection with this Agreement.

22.5 Assignment. You may not assign, by operation of law or otherwise, any rights or delegate any duties under this Agreement to any third party, including in connection with a merger or change of control, without prior written consent by CWS. Any purported assignment lacking such consent will be void at its inception. CWS may assign all or part of its rights and/or delegate all or part of its duties under this Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the Site.

22.6 English Language. The parties have required that the Agreement and all documents relating thereto be drawn up in English. Les parties ont demand้ que cette convention ainsi que tous les documents que s’y rattachent soient r้dig้s en anglais.

  1. Contacting CWS

If you have any comments or questions about the Site or Service, please contact us at support@constellationws.com.

Paradym Digital Marketing – Terms of Service

Terms and Conditions

You should read this Legal information carefully before using this Web Site. By using the Web Site, you agree to the following terms of use. If you do not agree to these terms, please do not use this Web Site. Three sets of terms follow. The first – the DISCLAIMER – describes the terms on which PARADYM.COM offers access to our web site, whether or not you sign up to use the PARADYM.Com Web Hosting and E-Commerce Services Platform. The second — the AGREEMENT FOR USE OF PARADYM.COM WEB HOSTING AND E-COMMERCE SERVICES PLATFORM – is a legally binding contract between us which you agree to by using the Web Hosting and E-Commerce Services Platform. The third – the ACCEPTABLE USE POLICY – governs your use of our web site.

DISCLAIMER

The information on this website is provided as a service by Paradym Digital Marketing Inc. (“Paradym”) While every effort is made to keep this information as accurate as possible, WE DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR A PARTICULAR PURPOSE. Those persons who access this information assume full responsibility for the use of the information and understand and agree that Paradym is not responsible or liable for any claim, loss or damage arising from the use of the information. Reference to specific products, processes or services does not constitute or imply recommendation or endorsement by Paradym. The views and opinions expressed within these documents do not necessarily reflect those of Paradym.

Paradym uses its best efforts to maintain this program and website but is not responsible for the results of any defects that may be found to exist in the program, or any lost profits or other consequential damages that may result from such defects. You should not assume that it is error-free or that it will be suitable for the particular purpose that you have in mind when using it. All information provided is deemed reliable but is not guaranteed and should be independently verified. All real estate advertising placed by anyone through this service is subject to the US Federal Fair Housing Act of 1968 as amended which makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an attention to make any such preference, limitation or discrimination.” Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and perhaps other basis. Please check with your local government agency for more information. This service will not knowingly accept any advertisement which is in violation of the law. Our readers are hereby informed that all dwellings, under the jurisdiction of U.S. Federal regulations advertised in this service are available on an equal opportunity basis. Except as specifically stated on this site, neither Paradym nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Paradym,  Paradym logo, VisualTour, and VisualTour.com are service marks or trademarks of Paradym Digital Marketing Inc. All other trademarks are the property of their respective owners. All intellectual property rights with respect to the web site design, text, graphics, the selection and arrangement thereof, and all software are owned by Paradym Digital Marketing Inc. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of assisting users of this Web site in their real estate transactions. Any other use of the information and material on this Web site, including reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of Paradym Digital Marketing Inc. is strictly prohibited. All figures, characters, names, places, pictures, etc. used for illustrative examples are for demonstration purposes only and should not be considered actual or real.

AGREEMENT FOR USE OF PARADYM WEB HOSTING AND E-COMMERCE SERVICES PLATFORM

PLATFORM PROVIDED BY PARADYM, AND IN ORDER TO CONTINUE THE USE OF THESE SERVICES, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY INPUTTING SUBSCRIBER INFORMATION, REGISTERING, OR ACTIVATING YOUR WEB HOSTING ACCOUNT, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INPUT SUBSCRIBER INFORMATION, REGISTER, OR ACTIVATE YOUR ACCOUNT. This agreement (“Agreement”) becomes effective when you complete the membership information required on the Member Registration Form or use the Service or Services (defined below). This Agreement is between Paradym Digital Marketing Inc. (“Paradym”), a Delaware corporation, and the Member (“Member”, “you”, or “your”). This Agreement sets forth the terms and conditions under which you agree to use Paradym’s Web Hosting and eCommerce Services Platform, Paradym Platform, Paradym Marketing, and Paradym Reach Social (“Service” or “Services”).

Terms of Service

Commencing on the date on which you initiate the Services, you will have use of the Services pursuant to the terms and conditions set forth herein and in the accompanying Acceptable Use Policy. In exchange, you will pay the current charges for such Services, any account set up fees, and any and all taxes thereon, if applicable. The Services shall continue until the earlier of such time as you provide Paradym with notice that you wish to discontinue the Services, the Services are terminated and/or canceled by Paradym, as set forth herein, or Paradym ceases to offer the Services to the general public. For termination of prepaid Paradym monthly or annual accounts, notice must be received by Paradym at least ten calendar days prior to the billing date in order to avoid charges for the subsequent period. Paradym has the exclusive legal right to use the VisualTour and Paradym trademark and logos. Unauthorized use of any Paradym or VisualTour trademarks or logos is a violation of federal and state trademark laws. All other products and company names mentioned in the Paradym site may be trademarks of their respective owners. Paradym reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site, including the right to block access from a particular Internet address to the Site. Paradym reserves the right to modify or discontinue the Services, and any rates, terms, or conditions, at any time.

Modifications

Paradym may modify this Agreement, the terms, conditions, and charges for the Services, and its Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately upon either a posting on the Paradym Home Page, or by a message from Paradym sent by electronic mail, or by conventional mail. If any modification to this Agreement is unacceptable to you, you may immediately terminate the Services. However, if you do not terminate the Services, or continue to use the Services following modification to this Agreement, your continued use will mean that you have accepted that modification.

Fees

Paradym will bill your credit card for all charges and services provided unless other arrangements are agreed to in writing. All sales are final and subscriber understands that no refunds for any charges, including subscription fee and initial set up fees will be offered. Recurring charges are billed in advance of service. In the event legal action is necessary to collect on balances due, you agree to reimburse Paradym for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, Internet access services and telecommunications services needed for use of the Services.

Personal Information

You hereby certify that you are not a minor. For purposes of identification, billing and marketing, you must provide accurate, complete, and updated information to register for use of the Services (“Member Registration Data”), including your legal name, address, telephone number(s), email address, and applicable payment data (for example, a credit card number and expiration date). Provision of Services You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that Paradym has no control over third party networks you may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond the control of Paradym.

Linked Internet Sites

The links in this web site will let the user leave Paradym’s site. The linked sites are not under the control of Paradym, and Paradym is not responsible for the content available on any other Internet sites linked to the web site. Paradym is providing these links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this web site is at the user’s own risk. The inclusion of any link does not imply a recommendation or endorsement by Paradym of the linked site.

Disclaimer of Warranty and Limitation of Liability

Paradym will make commercially reasonable efforts to provide continuous, uninterrupted, expedient, and error-free Service to you. Under no circumstances shall Paradym be liable to you or any other person for any special, incidental, consequential, or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement Services. Paradym’s liability for damages in regards to extraordinary and unreasonable interruptions of service, or for mistakes, omissions, delays, errors and defects (including, but not limited to, interruption of service, deletion of files, loss of or damage to data, and damages resulting from computer viruses) in the provision of the Services, shall in no event exceed an amount equal to the prorated charges to you for the period during which the Services are affected. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT PARADYM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM PARADYM OR ITS AFFILIATES AND VENDORS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PARADYM HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, AND PERFORMANCE. PARADYM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PARADYM MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PARADYM, ITS EMPLOYEES, LICENSORS, AGENTS OR THE LIKE, WILL CREATE A WARRANTY, AND YOU MAY NOT RELY ON SUCH ORAL ADVICE OR WRITTEN INFORMATION. Through your use of the Services, you may have the opportunities to engage in commercial transactions with other Internet users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. PARADYM MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.

Indemnity

You agree to indemnify and hold Paradym harmless from all claims, losses, liens, expenses, suits and attorneys’ fees (“Liabilities”) for all damages, including without limitation injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the Services, except to the extent that such Liabilities arise from the willful misconduct of Paradym. You agree to indemnify Paradym, its affiliates and subsidiaries, in the event that your use of the Services (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, (iv) violates Paradym’s Acceptable Use Policy as it is modified from time to time, or (v) interferes with other customers’ use or enjoyment of the Services provided by Paradym. You agree to indemnify Paradym, its affiliates and subsidiaries for any tax caused by your use of the Services, for which You are responsible hereunder, which you fail to pay.

Advertising

You shall not use Paradym’s name or any language, pictures or symbols which could, in Paradym’s judgment, imply Paradym’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

Member Responsibilities and Use Limitations

You agree to comply with Paradym’s Acceptable Use Policy as it may be modified from time to time, and to comply with the rules, regulations, and policies applicable to any network you access. Any violation of such rules, regulation and policies, or any network policy document issued by Paradym, shall be cause for Paradym to suspend or terminate the Services. You agree that you will not place or allow anyone using your account to place any copyrighted material on the Service without the permission of the copyright owner or persons authorized by the copyright owner to grant permission. You are responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on the Service. You may download the material available on the Service only for your personal, non-commercial use. Except as authorized to use material without express permission under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Service. Nothing contained in this Agreement may be construed to convey to you any interest, title, or license in the user ID, URL, IP Address, or domain name used by you in connection with the Services. Paradym reserves the right to suspend or terminate the Services to you, or any user ID, URL, IP Address, or domain name used by you, in the event it is used in a manner which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of Paradym , its parent, affiliates and subsidiaries; (vi) violates Paradym ’s Acceptable Use Policy or (vii) interferes with other customers’ use and enjoyment of the Services provided by Paradym You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be considered a material breach of this Agreement, and such breach may, without limiting Paradym ’s other remedies, result in suspension or termination of the Services. You further agree to immediately notify Paradym of (i) any unauthorized use of your account and/or (ii) any breach, or attempted breach, of security known to you.

License Grant and Copyright Notice

You retain all rights in any material uploaded to the Service by you or others you authorize to use your account. You grant Paradym and its designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material in connection with the Paradym Service regardless of the medium, technology, or form in which it is used. The entire content of the Service is copyrighted by Paradym as a collective work under the United States copyright laws. Portions of the Service are provided to Paradym under license. The copying, reproduction, or publication of any part of the Service is prohibited, unless expressly authorized in writing by Paradym.

Force Majeure

Paradym shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

CCPA Obligations

Paradym will only collect, use, retain, or disclose personal information of California consumers for the Contracted Business Purposes for which you provide personal information or permit personal information access in accordance with your instructions. “Contracted Business Purposes” means the services and/or products described in this Agreement for which Paradym receives or accesses personal information. Any terms defined in the California Consumer Privacy Act of 2018, as amended (Cal. Civ. Code §§ 1798.100 to 1798.199), and any related regulations or guidance provided by the California Attorney General (“CCPA”), including “personal information” and “business purposes” carry the same meaning in this Section.

Paradym will not collect, use, retain, disclose, sell, or otherwise make personal information of California consumers available for Paradym’s own commercial purposes or in a way that does not comply with the CCPA. If a law requires Paradym to disclose personal information of a California consumer for a purpose unrelated to the Contracted Business Purpose, Paradym will first inform you of the legal requirement and give you an opportunity to object or challenge the requirement, unless the law prohibits such notice.

Paradym will limit collection, use, retention, and disclosure of personal information of California consumers to activities reasonably necessary and proportionate to achieve the Contracted Business Purposes or another compatible operational purpose.

Paradym will promptly comply with any request or instruction from you requiring Paradym to provide, amend, transfer, or delete the personal information of California consumers, or to stop, mitigate, or remedy any unauthorized processing.

If the Contracted Business Purposes require the collection of personal information from California consumers on your behalf, Paradym will provide a CCPA-compliant notice addressing use and collection methods.

If the CCPA permits, Paradym may aggregate, deidentify, or anonymize personal information of California consumers so it no longer meets the personal information definition, and may use such aggregated, deidentified, or anonymized data for its own research and development purposes. Paradym will not attempt to or actually re-identify any previously aggregated, deidentified, or anonymized data and will contractually prohibit downstream data recipients from attempting to or actually re-identifying such data.

Assistance with Your CCPA Obligations

Paradym will reasonably cooperate and assist you with meeting the your CCPA compliance obligations and responding to CCPA-related inquiries taking into account the nature of Paradym’s processing and the information available to Paradym.

Paradym will notify you immediately if it receives any complaint, notice, or communication that directly or indirectly relates either party’s compliance with the CCPA related to the Contracted Business Purposes. Specifically, Paradym will notify you within 15 working days if it receives a verifiable consumer request under the CCPA.

Cancellation, Termination, and Assignment

In the event that a ruling, regulation, or order issued by a judicial, legislative or regulatory body causes Paradym to believe that this Agreement and/or the Services provided hereunder, may be in conflict with such rules, regulations, or orders, Paradym may suspend or terminate the Services, or terminate this Agreement, without liability. Cancellation Charges: Paradym does not refund charges for unused service and all sales are final. If you fail for fifteen (15) days to pay any charge when due, including, but not limited to, product charges, service charges, or taxes, or if you fail for fifteen (15) days to perform or observe any other material term or condition of this Agreement, or, immediately, if you provide false or inaccurate information which is required for the provision of the Services or is necessary to allow Paradym to bill you for the Services, and such condition continues unremedied for thirty days, you shall be in default and Paradym may suspend or terminate the Services. You may not assign , by operation of law or otherwise, any rights or delegate any duties under this Agreement to any third party, including in connection with a merger or change of control, without prior written consent by Paradym. Any purported assignment lacking such consent will be void at its inception. Paradym may assign all or part of its rights and/or delegate all or part of its duties under this Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the Site.

Notices

Any notices in connection with this Agreement must be sent to each party as follows:

Paradym

c/o Paradym Digital Marketing Inc.

11350 McCormick Road, Plaza 3, Suite 200

Hunt Valley, MD 21031

Email: Legal@csiperseus.com

To you: Either the e-mail address supplied for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.

Dispute Resolution and Binding Arbitration

Initial Dispute Resolution Process. Paradym intends to resolve any and all disputes that may arise between it and its Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to Paradym in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. Paradym shall respond promptly with responsive information from its perspective. You and a representative of Paradym shall communicate promptly following the delivery of the response, and as often as you and Paradym mutually deem necessary or desirable thereafter, in an attempt to resolve the matter.

Arbitration. After failing to mutually settle any disputes informally as described above, and except for equitable claims, small claims court, and claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s intellectual property, any controversy or claim arising out of or relating to this Agreement shall be submitted to and settled through binding arbitration. All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrator may disclose the existence, content, or results of the arbitration, except as necessary to comply with legal or regulatory requirements.

Class Action Waiver. You and Paradym agree that any proceedings to resolve or litigate any dispute, whether through a court of law or arbitration, shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, private attorney general action, or similar action.

Wavier of Jury Trial. THE PARTIES UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH PARTIES ARE GIVING UP A RIGHT TO A JURY TRIAL.

General

This Agreement, and the provision of the Services, may be terminated at any time by either party upon written notice to the other. This Agreement shall be construed in accordance with the Laws of the State of Maryland without regard to the choice or conflicts of law provisions of any jurisdiction. You and Paradym agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to the Site or Service or this Agreement that are not submitted to arbitration will be exclusively in the federal or local courts located in Maryland. This Agreement and the accompanying Acceptable Use Policy, Privacy Policy, and the web site Disclaimer constitute the entire agreement between you and Paradym with respect to the Service and supersede all other communications. The provisions of this Agreement are for the benefit of Paradym and its service providers, licensors, directors, employees, and agents; and each may assert and enforce those provisions directly on its own behalf.

ACCEPTABLE USE POLICY

IMPORTANT NOTE: THIS DOCUMENT IS UPDATED OFTEN. PLEASE MAKE A HABIT OF REVIEWING IT FROM TIME TO TIME TO STAY ABREAST OF ACCEPTABLE AS WELL AS INAPPROPRIATE USES OF YOUR PARADYM (“PARADYM”) ACCOUNT. REPORTS OF ACTIVITY IN VIOLATION OF THIS POLICY MAY BE SENT VIA E-MAIL TO Legal@csiperseus.com.

Introduction

Paradym has established an Acceptable Use Policy in order clarify the duties and responsibilities of the Members. This document is intended to provide a general understanding of Paradym’s Acceptable Use Policy. No express of implied warranties are made by Paradym in this document. The following factors guide the establishment and enforcement of Paradym’s usage policies:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. If your account is used to violate the Acceptable Use Policy, we reserve the right to terminate your service without notice. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our real estate community, you must use your membership responsibly. If you have any questions regarding this policy, please contact us at Legal@csiperseus.com

General Information

The Paradym Platform offers two distinct and separate offerings; Paradym Marketing and Paradym Reach Social. Your Paradym Marketing account provides you with the opportunity to upload, view, organize, and annotate a variety of your photographs and images quickly and conveniently. Your use of the Paradym Platform is subject to the following policy. Violations of this policy may result in termination of your account with or without notice in accordance with the Agreement for Use of Paradym.com Services that you accepted at the time you created your account. In general, you may NOT use your Paradym account:

In a manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party; In a manner which is defamatory, fraudulent, indecent, offensive or deceptive; To threaten, harass, abuse or intimidate others; To damage the name or reputation of Paradym , its affiliates, employees, owners, or subsidiaries; To break security on any computer network, or to access an account that does not belong to you; or In a manner that interferes with other customers’ use and enjoyment of the services provided by Paradym

When retrieving or using information from our website, you are prohibited from: (i) harvesting or otherwise collecting information about other users, including names, telephone and fax numbers, and email addresses; (ii) using the information gathered from our website for the purpose of contacting anyone who has posted information on our website, for any reason other than gathering more information about real estate that is the concern of a prospective Paradym customer; and (iii) using the information gathered from our website including, but not limited to email addresses for the purpose of sending an email for any reason other than gathering more information about real estate that is the concern of a prospective Paradym customer. You are specifically prohibited from using any data gathering and extraction methods to catalog, download, store, or otherwise reproduce or use the content available on our website. Such prohibited data gathering and extraction methods include, but are not limited to, data mining, robots, screen scraping, spiders, crawlers, cancelbots, Trojan horses, manual processes, and any other similar methods and techniques.

Paradym reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follows. This information is only a guideline, and is not intended to be all-inclusive.

Subscription Account Usage 

Subscription can be cancelled at any time with 15 days written notice. Subscriber agrees to have the cost of any initial set up fees and the cost of the on-going monthly service (plus any applicable sales taxes) automatically charged to their credit card. All sales are final and subscriber understands and agrees that no refunds will be offered on any and all initial set up fees and monthly subscription charges. Subscriber understands that this Paradym service is offered solely on an on-going subscription basis and may be cancelled automatically for non-payment. Should the subscription expire, the client software will no longer function and the online account and all Paradym created media will not be accessible. Any content hosted by Paradym and account information will be retained for 90 days after the expiration or cancellation of an account. A $150 reactivation fee will be charged to reactivate the account. Subscription includes up to 20 gigabytes of data for video storage. Additional video storage above the allotted 20 gigabytes is charged in increments of 10 gigabytes at $10 per month.

A single agent subscription agreement permits one agent to create an unlimited number of tours for their own personal listings, tours for their buyers, or neighborhood tours. The Paradym Property Site and Virtual Tours will be branded to the agent with the inclusion of their individual photo and their individual name in their account profile to display in the contact information feature. Nothing in the tour’s features can indicate that this account represents more than one person. Additionally, words such as Team, Group, Crew, or similar terms which generally indicate that multiple persons are subscribed to this account are not acceptable in branding a single agent account. Posting of tours other than the agent’s own tours (i.e. office tours, tours for other agents, multiple agent teams, etc.) shall be cause for immediate cancellation of this agreement.

An agent team subscription allows more than one agent working together as a team to create tours for their listings. A team is defined as more than one person that markets their services collectively (i.e. The Smith Team, or Mary and Bob Richards). Subscriber may add or remove team members to the subscription for an additional fee. The VisualTours will be branded to the agent team with the inclusion of their team photo and each of their names in their account profile. Posting of tours other than the agent team’s own tours (i.e. office tours, tours for other agents, etc.) shall be cause for immediate cancellation of this agreement. Additional Agent Team members are defined as any living persons including spouses, family members, non-licensed staff members or others.

Token Account Usage

Tour tokens will expire 6 months after the date of purchase if they haven’t been used to create a tour by that time.

Web Sites; Prohibited Content

Paradym provides storage space and access for photographs and videos related audio files through its Web Hosting service. Paradym will not routinely monitor the contents of your media presentations or VisualTours. You are solely responsible for any information contained in your presentations. However, if complaints are received regarding language, content, or graphics contained on your web site, Paradym may, at its sole discretion, remove the presentations hosted on Paradym servers and terminate your Web Hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. You may not use your web site to publish material that Paradym determines, at its sole discretion, to be unlawful, indecent, or objectionable. For purposes of this policy, “material” refers primarily to photographs, but also extends to cover all forms of communication that the Paradym site may allow, including narrative descriptions, other graphics (including illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. Unlawful content is that which violates any law, statute, treaty, regulation, or order. This includes, but is not limited to: obscene material; defamatory, fraudulent, or deceptive statements; threatening, intimidating, or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards. Objectionable content is otherwise legal content with which Paradym concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates. This includes, but is not limited to, all content that, in the sole discretion of Paradym, is determined to be advertising or otherwise for commercial purposes, unless expressly permitted in writing by Paradym Objectionable content may include, without limitation:

  1. Materials that depict or describe scantily-clad and lewdly depicted male and/or female forms or body parts, and which lack serious literary, artistic, political or scientific value.
  2. Materials that suggest or depict obscene, indecent, vulgar, lewd or erotic behavior, and which lack serious literary, artistic, political or scientific value.
  3. Materials that hold Paradym including its affiliates, employees or shareholders up to public scorn or ridicule.
  4. Materials that encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, employee, or other third party. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of Paradym This includes, but is not limited to, attempting to access data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Users who violate systems or network security may incur criminal or civil liability. Paradym will reasonably cooperate with investigations of violations of systems or network security, including at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Management

You are responsible for ensuring that the services obtained from Paradym are used in an appropriate manner by those who you encourage to view your presentations. Therefore, you must take steps to manage the use of the services obtained from Paradym in such a way that network abuse is minimized. You must respond in a timely manner to complaints concerning misuse of the services obtained from Paradym Failure to responsibly manage the use of the services obtained from Paradym may be cause for termination of services to you.

Network Performance

Paradym accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of Paradym systems or networks. Paradym reserves the right to terminate or limit such activities.

Illegal/Inappropriate Activity

Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Without limitation, you may not use the web site to:

  1. Transmit obscene materials
  2. Intentionally spread or threaten to spread computer viruses
  3. Gain or attempt to gain unauthorized access to any network, including Paradym ’s private network infrastructure
  4. Access or attempt to access information not intended for you
  5. Transmit pirated software

Last updated: 10/16/2020

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