Terms and Conditions
Last Updated: January 20, 2023
The websites, mobile websites, mobile applications, WiFi, or
other online or digital services owned or operated by or on behalf of Paradize
Shop or its affiliates, brands and subsidiaries (collectively “Paradize
Shop”, “we”, “our”, “us” or any derivatives thereof)
(collectively, “Services”) are made available to you by Paradize Shop
and are subject to the following Terms and Conditions. PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. By using
the Services, you agree that these Terms and Conditions create a legally
binding agreement between you and Paradize Shop.
THESE TERMS AND CONDITIONS
AGREEMENT CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON
AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS
ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A
DISPUTE. PLEASE CAREFULLY REVIEW THE DISPUTES SECTION BELOW FOR MORE
INFORMATION.
Paradize Shop reserves
the right, at any time, to modify these Terms and Conditions. By continuing to
use the Services following such modifications you agree to be bound by such
modifications. We will post our most current Terms and Conditions on this page,
and you should periodically visit this page to review them.
Please note that some of our Services or specific portions or
features of our Services may be subject to additional policies, terms, or
conditions (“Additional Terms”). Please review all Additional Terms
and Conditions you use, which are incorporated into and made a part of these Terms
and Conditions. If there is a conflict between these Terms and Conditions and
any of the Additional Terms, the conflicting Additional Terms shall take
precedence with respect to your use of those Services that are governed by
those conflicting Additional Terms. Finally, these Terms and Conditions
incorporate by reference any other notices contained on the Services and
constitute the entire agreement between you and Paradize Shop with respect to
your access to and use of the Services.
Communications and Notices
By providing your telephone number to us in any form, including
without limitation, any electronic, digital, or other written form, including
via e-mail, website form, text message, telephone keypress, or voice recording,
you authorize us to deliver or cause to be delivered to you, telemarketing,
telephonic sales calls, and other calls and SMS/text messages using an
automated system for the selection or dialing of telephone numbers or other
automatic telephonic dialing system or the playing of a recorded message when a
connection is completed to a number called, whether or not featuring an
artificial or pre-recorded voice. You expressly consent to receive and
authorize these calls and messages for any purpose, including but not limited
to telemarketing, telemarketing sales calls, and advertising benefits and
services that may be of interest, for the purpose of servicing your account,
payment and billing, collecting any amounts you may owe, fundraising efforts
and donations, informational updates, and for our operations and operational
improvements. You understand that you need not enter into a written agreement
or otherwise agree as a condition to purchase any property, goods, or services
and that calls and messages could result in interruption or data use or charges
according to your plan.
You may also communicate with us via e-mail, postal mail,
telephone, the mobile applications, our website, and other services. We may
issue notices via these various channels, including by sending e-mails to an
address you provide us. You agree that such notices shall have legal effect.
You also agree that any notices sent by e-mail satisfy any requirement that notices
be provided in writing. You may have the right to withdraw your consent to
receive certain emails and notices from mobile applications, and, when required
by law, we will provide you with paper copies of notices upon request. You
agree that you may make such a request by contacting us. To receive, access,
and retain the notices we send via e-mail, you must have Internet access and a
computer or device with a compatible web browser. You will also need software
capable of viewing files in PDF format. Your device or computer must have the
ability to print, or download and store, e-mails and PDF files. By accepting
these Terms and Conditions, you confirm that you are able to receive, access,
and retain the notices we may send. You may update your contact information
through the Services.
Privacy
Please review our Privacy Policy, which also governs your use of
the Services. In addition, to learn more about how we treat the information
that you provide about your children, please review our Children Privacy section
in our Privacy Policy.
Ownership
Unless noted otherwise, the Services, in their entirety,
including but not limited to all design and content, are the sole property of Paradize
Shop or its content suppliers. The content available via the Services is
protected as a collective work under United States and international copyright,
trademark, and other laws. Except as stated in these Terms and Conditions, no
content may be copied, reproduced, distributed, republished, downloaded,
displayed, posted, or transmitted in any form or by any means without the prior
written consent of Paradize Shop or the respective owner. You may not use Paradize
Shop’s name, logo, or other trademarks for any purpose without the express
written consent of Paradize Shop. Any rights not expressly granted herein are
reserved by Paradize Shop.
You may not, without Paradize Shop’s prior written consent: (a)
use bots, scripts, spiders, crawlers, software, or other tools, devices, or
processes on the Services for any purpose, including but not limited to mining,
scraping, accessing, or collecting designs or content available on the
Services; or (b) use designs or content obtained from the Services for use in
any other product, service, or offering, including but not limited to websites,
mobile applications, or other digital services.
Copyright Policy
Paradize Shop does not permit copyright infringing activities on
its Services. Paradize Shop abides by the federal Digital Millennium Copyright
Act (“DMCA”) by responding to notices of alleged infringement that
comply with the DMCA and other applicable laws. As part of our response, we
will remove materials if properly notified that such materials infringe on
another’s intellectual property rights. If you are a copyright owner or an
agent thereof and believe that any content on our Services infringes upon your
copyrights, you may submit a notification pursuant to the DMCA by sending an
e-mail to paradizeshop2022@gmail.com.
Conduct and Security on the Services
You are not permitted to engage in any conduct that, as
determined in our sole discretion, restricts, inhibits, or interferes with the
ability of any other person to use or enjoy the Services. You may use the
Services only for lawful purposes. You are prohibited from: (a) accessing or
using the Services to collect information about users of the Services; (b)
violating or attempting to violate the security of the Services; (c) using any
device, software, or routine to interfere or attempt to interfere with the
proper working of the Services or any activity conducted via the Services; (d)
misrepresenting your identity or providing us with false information; and (e)
introducing any viruses or other computer code, files, or programs designed to
interrupt destroy, or limit the functionality of the Services, software,
hardware, or equipment.
Links
The hyperlinks
contained within Paradize Shop online store will direct you to different pages
on our website. Customers are not allowed to post any hyperlinks to our
platform. Any attempt to disrupt Paradize Shop by creating hyperlinks that
“frame” our Services or that portrays Paradize Shop, or its products
or services in a false, misleading, derogatory, or otherwise offensive manner
will result in legal actions. Also, you may not use any other Paradize Shop
logo, graphic or trademark as part of the link without our express written
permission. Paradize Shop may revoke your right to link at any time for any
reason.
Custom Designs Requested by Customers
Paradize Shop Customers may submit their custom designs that are
needed to be produced and put on the products of their choices. We, Paradize
Shop, assume that customers have full ownership of the submitted designs and
appropriate copyrights needed for their intended usage. Paradize Shop does not
check the trademark or copyright of the submitted design. It is the customer’s
responsibility to do so. In addition, Paradize Shop will charge a
non-refundable design fee of $15 per individual design requested by customers.
Paradize Shop will not initiate the design process till the fee is received. If
a customer is satisfied with the design, he/she can proceed with the payment of
the full product cost. The non-refundable design fee will be applied to the
total cost of the product ordered. However, if the customer is not satisfied
with the design, Paradize Shop will offer up to two revisions (three designs including
the first one) to make the customer happy. If the customer is still not happy
with the designs, the design fee will not be reimbursed to the customer. The
customer can either make a choice between the three designs or risk to lose
his/her design fee. Having said that, Paradize Shop values customer
satisfaction. We will do all the best to make our customers happy and
satisfied.
User Content and Permitted Use of Services
Paradize Shop reserves the right, but not the obligation, to
monitor use of the Services and the content that you and other users may post
in certain areas. We further reserve the right, but not the obligation, to
remove information and materials that we deem, in our sole discretion, to be
objectionable. Subject to the terms of our Copyright Policy language above, Paradize
Shop expressly disclaims any obligation or warranty to screen or remove
objectionable materials. Paradize Shop further reserves the right to disclose
any content, records, or electronic communications of any kind if we are
required to do so by any law, regulation, or court order, or if such disclosure
is necessary or appropriate to operate the Services or to protect Paradize Shop’s
rights or property, or the rights of others, including our partners,
affiliates, sponsors, providers, licensors, and merchants, or other persons
that use the Services.
You represent and warrant that you will not use the Services to
post content (such as comments): that is false, misleading, inaccurate; that is
unrelated to the Services, that infringes on the rights of others; that, as
determined by Paradize Shop in its sole discretion, is confidential or private
information, obscene, harassing, abusive, defamatory, vulgar, sexually
explicit, or is inappropriate with respect to race, gender, sexuality,
ethnicity; that constitutes unsolicited advertising; that impersonates another
person, business, or entity; that contains malicious or otherwise harmful
computer code; or that otherwise violates these Terms and Conditions. You also
represent and warrant that you will not post content for which you received
compensation from a third party without receiving written authorization from Paradize
Shop.
You hereby grant Paradize Shop a perpetual, irrevocable,
royalty-free, transferable right and license to use, modify, reproduce,
transmit, publish, display, delete, and distribute any information (except
order information sent via email or phone) or materials you share with us
throughout the world in any media, including when you allow Paradize Shop to
feature text, images and videos shared through social media (e.g., Facebook™,
Twitter™, Instagram™, Pinterest™) or submitted through reviews and ratings. You
also grant us the right to use the name and social media handle that you use
when you share content with us in connection with that content. When you share
content to us, you will disclose any affiliation you have and you will not
share anything that contains harmful computer code, references other websites,
or is false, misleading, illegal, defamatory, libelous, hateful, racist,
biased, threatening, or harassing.
Paradize Shop administers rewards programs that provide benefits
such as personalized discounts, gifts and other perks to members who create
accounts. You are only permitted to have one (1) rewards account of any given
type that is personal to you. Your account may not be sold, transferred or
assigned to, or shared with, family, friends or others, or used by you for any
commercial purpose. Without notice to you, Paradize Shop reserves the right to
suspend and/or terminate your account and/or your participation in the rewards
program if Paradize Shop determines, in its sole discretion, that you have
violated these Terms and Conditions or that the use of your Paradize Shop
rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. Paradize
Shop may, in its sole discretion, suspend, cancel or combine Paradize Shop
rewards accounts that appear to be duplicative. In the event that your
participation in a Paradize Shop rewards program is terminated, all benefits
accrued by or associated with your account are void and you are prohibited from
opening a new account for six (6) months.
Health & Wellness Content
Any health and wellness content presented on the Services is for
general informational purposes only. Such content is not intended to replace or
serve as a substitute for professional medical advice, diagnosis or treatment,
nor is it intended as a guarantee of improvement of specific conditions or
weight loss. You should regularly consult a physician or other health care
provider in all matters relating to physical or mental health, particularly
concerning any symptoms that may require a diagnosis or medical attention.
Information Provided on Our Services
The content that appears on our Services is for educational and
informational purposes only. We strive to provide useful and accurate
information. However, errors may appear from time to time. We make no warranty
as to the reliability, accuracy, timeliness, usefulness, or completeness of the
information presented on the Services. Any pricing shown or offered through the
Services is considered an estimate only and is subject to change. Please
contact your local Paradize Shop store if you have questions about pricing.
Third Party and Co-branded Content
Paradize Shop may provide content or provide links to content on
the Services (including co-branded websites) that are not under the sole
control of Paradize Shop. A link to a third-party site on the Services does not
constitute sponsorship, endorsement, approval or responsibility by Paradize
Shop for any third-party site. Paradize Shop does not assume any responsibility
for the operation, content, privacy practices, or technologies used by
third-party services. You agree that you interact with third parties at your
sole risk and that your relationship with those parties will be governed by
their terms and policies. Paradize Shop in its sole discretion may modify or
remove such links or content at any time and without notice.
Submissions
Paradize Shop may offer you the opportunity, or you may choose,
to submit information, comments, pictures, videos, or ideas to Paradize Shop or
to other users of the Services (collectively “Submissions”). We
welcome your Submissions. However, by sending Submissions to Paradize Shop, you
acknowledge that the Submissions will not be treated by Paradize Shop as
confidential and you agree that you grant to Paradize Shop a nonexclusive,
royalty-free, perpetual, irrevocable, transferable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such Submissions throughout the world in
any media for any purpose whatsoever, without restriction and without
compensating you in any way. You should not send us any Submissions that you
are legally prohibited from transferring to us. By sending Submissions, you
warrant that you are the sole author of the content, that you are at least 18
years old or that you are at least 13 years old and your parent or legal
guardian agrees to be bound by these Terms and Conditions, and that your
Submissions will not cause injury to the rights or property of any person or
entity.
Disclaimers
ALTHOUGH PARADIZE SHOP RESERVES THE RIGHT TO CORRECT ANY ERRORS,
OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE SERVICES, AND ALL
INFORMATION CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS,” “AS
AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. PARADIZE SHOP DOES NOT WARRANT
THAT THE SERVICES OR ANY INFORMATION, CONTENT OR FUNCTIONALITIES OFFERED
THROUGH THE SERVICES, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM PARADIZE SHOP,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, PARADIZE SHOP DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
PARADIZE SHOP DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE
SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED
THEREON; (II) THAT THE SERVICES WILL BE UNINTERRUPTED; OR (III) THAT THE
SERVICES, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE
COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS
OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES
OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO
SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT
IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL
BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Limitation of Liability
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT
PARADIZE SHOP AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM: THE USE OF THE SERVICES; THE INABILITY TO USE OR ACCESS THE
SERVICES; OR ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE
SERVICES. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR
THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE
SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET
FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART
OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY
REASON, THEN THE AGGREGATE LIABILITY OF PARADIZE SHOP UNDER SUCH CIRCUMSTANCES
FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE
HUNDRED DOLLARS ($100).
Indemnities
You agree to hold harmless Paradize Shop, its subsidiaries and
affiliates, and their respective shareholders, officers, directors, employees,
agents, licensors and suppliers from any and all claims arising out of or
related to your access or use of the Services or your inability to access or to
use the Services or any other offerings rendered by Paradize Shop or its
contractors in conjunction with the Services or your use of the Services.
Applicable Law
By using the Services, you agree that the laws of the state of
Florida, without regard to principles of conflict of laws, will govern these Terms
and Conditions and any dispute of any sort that might arise between you and Paradize
Shop.
Disputes
SUBJECT TO THE MANDATORY INFORMAL DISPUTE RESOLUTION PROCESS SET
FORTH BELOW, ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES
(“DISPUTE”) SHALL BE SUBMITTED TO BINDING ARBITRATION IN CRESTVIEW, FLORIDA,
EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR
PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND
CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. IF YOU CAN DEMONSTRATE TO US
THAT ARBITRATION IN CRESTVIEW, FLORIDA WOULD CREATE AN UNDUE BURDEN TO YOU, WE
WILL ALLOW YOU TO INITIATE THE ARBITRATION IN YOUR HOME STATE. ANY
DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE
ARBITRATOR. ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY
UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN
ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES
AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE
RULES ARE AVAILABLE ON THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.
PARADIZE SHOP AND YOU AGREE TO
EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK
RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM. YOU AND
PARADIZE SHOP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR
OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE
PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR
ANY OTHER PERSON.
THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR’S
AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF
COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE
ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION
UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER
PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS
OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID,
UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR
UNENFORCEABLE OR IF THERE IS A CHALLENGE OR APPEAL, THEN THE PARTIES CONSENT TO
PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN CRESTVIEW,
FLORIDA. If for any reason a claim, challenge or appeal may proceed in court
rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS
SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A
JUDGE, NOT A JURY.
Before either Party may initiate an arbitration proceeding, you
and Paradize Shop agree to engage in a good faith effort to resolve the Dispute
informally for 60 days, unless that time is extended by agreement. If you
intend to initiate an arbitration proceeding, you must first send a fully
completed notice of your Dispute (the “Notice”) to Paradize Shop. The Notice
must include your name and contact information (address, telephone number, and
email address) and information sufficient to enable Paradize Shop to identify
any transaction at issue. The Notice must also include a detailed description
of (1) your Dispute; (2) the specific facts supporting your claim(s); (3) the
nature and basis of the damages you claim to have suffered; and (4) a
calculation and explanation of the relief sought. Your Notice shall be
personally signed by you and sent to Paradize Shop at: paradizeshop2022@gmail.com.
If Paradize Shop intends to initiate an arbitration proceeding, it will send a
Notice to you at the contact information we have on file. If requested by Paradize
Shop as part of this mandatory informal dispute resolution process, you agree
to personally participate (along with your counsel, if you are represented) in
a telephone conference to discuss the potential resolution of the Dispute
between you and Paradize Shop. If the Dispute is not resolved within 60 days
after receipt of the Notice (or the longer period agreed to by the Parties),
you or Paradize Shop may proceed with individual arbitration (this informal
process is a condition precedent to doing so.). Compliance with and completing
this informal dispute resolution process is a condition precedent to filing any
formal dispute resolution proceeding, including a demand for arbitration. A
court shall have the authority to enforce this condition precedent to
arbitration, which includes the power to enjoin the filing or prosecution of a
demand for arbitration. If the sufficiency of a Notice or compliance with this
mandatory informal dispute resolution process is at issue, it may be decided by
a court at either Party’s election, and any formal dispute resolution
proceeding shall be stayed pending resolution of the issue. A court shall have
the authority to enforce this condition precedent, which includes the power to
enjoin the filing or prosecution of a demand for arbitration. The statute of
limitations and any filing fee deadlines shall be tolled while the Parties
engage in this informal process.
If the Parties are not able to resolve the Dispute through the
mandatory informal dispute resolution process referenced above, either Party
may initiate an individual arbitration proceeding by sending a demand to the
American Arbitration Association (AAA) that describes the nature and basis for
the claim and includes all of the information required in the Notice. The Party
initiating arbitration must include as part of the demand a personally signed
certification of compliance with the informal dispute resolution process.
If you initiate the arbitration, your arbitration fees will be
limited to the filing fee set forth in the AAA’s Consumer Rules. Regardless of
who initiates the arbitration, Paradize Shop will pay any other arbitration
fees, including your share of arbitrator compensation. If the arbitrator rules
against Paradize Shop, in addition to accepting whatever responsibility is
ordered by the arbitrator, Paradize Shop will reimburse your reasonable
attorneys’ fees and costs, regardless of who initiated the arbitration, unless
the arbitrator finds some or all of your claims to be frivolous or to have been
brought in bad faith. In addition, if the arbitrator rules in our favor, we
will not seek reimbursement of our attorneys’ fees and costs, regardless of who
initiated the arbitration, unless the arbitrator finds some or all of your
claims to be frivolous or to have been brought in bad faith.
To help resolve any issues between us promptly and directly, you
and Paradize Shop agree to begin any arbitration within one year after a claim
arises; otherwise, the claim is waived.
This paragraph sets forth additional procedures that apply to
mass arbitrations. If twenty-five (25) or more similar claims are asserted
against Paradize Shop by the same or coordinated counsel or are otherwise
coordinated, you understand and agree that these additional procedures apply
and that the resolution of your Dispute might be delayed. Counsel for the
claimants and counsel for Paradize Shop shall each select fifteen (15) cases
(per side) to proceed first in individual arbitration proceedings as part of a
bellwether process. Each of these thirty (30) cases shall be assigned to a
different arbitrator. The remaining cases shall not be filed or deemed filed in
arbitration nor shall any AAA fees be assessed in connection with those cases
until they are selected to proceed to individual arbitration proceedings as
part of this bellwether process. If the Parties are unable to resolve the
remaining cases after the conclusion of the initial thirty (30) proceedings
after conferring in good faith, each side shall select another fifteen (15)
cases (per side) to proceed to individual arbitration proceedings as part of a
second bellwether process. Each of these thirty (30) cases shall be assigned to
a different arbitrator. The remaining cases shall not be filed or deemed filed
in arbitration nor shall any AAA fees be assessed in connection with those
cases until they are selected to proceed to individual arbitration proceedings
as part of a bellwether process. A single arbitrator shall preside over each
case. Only one case may be assigned to each arbitrator as part of a bellwether
process unless the Parties agree otherwise. Identical sets of arbitrators shall
not be assigned to sets of bellwether proceedings. This staged process shall
continue with thirty (30) cases in each set of bellwether proceedings,
consistent with the parameters identified above, including that the remaining
cases shall not be filed or deemed filed in arbitration nor shall any AAA fees
be assessed in connection with those cases until they are selected to proceed,
until all the claims included in these coordinated filings, including your
case, are adjudicated, settled, or otherwise resolved. The statute of
limitations and any filing fee deadlines shall be tolled for claims subject to
these additional procedures that apply to mass arbitrations from the time the
first cases are selected for a bellwether process until the time your case is
selected for a bellwether process, withdrawn, or otherwise resolved. You and Paradize
Shop agree to engage in this process in good faith. A court shall have the
authority to enforce this paragraph and, if necessary, to enjoin the mass
filing or prosecution of arbitration demands against Paradize Shop.
This “Disputes” provision shall be governed by the Federal
Arbitration Act. It shall survive any termination or cancellation of, or your
participation in, any membership programs or subscription services and your
relationship with Paradize Shop. Any amendments to this provision shall not
affect any then active or pending arbitration proceeding.
Intellectual Property Claims by Paradize Shop
In the event of intellectual property claims by Paradize Shop
against you, Paradize Shop shall have the right to litigate such claims in any
state or federal court in Crestview, Florida, and you consent to the exclusive
and mandatory venue in such courts.
No Waiver
Paradize Shop’s failure to exercise or enforce any right or
provision of these Terms and Conditions shall not constitute a waiver of such
right or provision.
Use of Paradize Shop Services
You may use the Services for your personal, noncommercial use
only. You may not use any Services if you are under the age of 13. If you are between
the ages of 13 and 18, you may use the Services only with involvement of a
parent or guardian.
Contact Us
Contact us if you have any questions about these Terms
and Conditions or you would like to receive a copy free of charge. You may also
visit paradizeshop.com/terms-and-conditions.