Subject to and in compliance with the terms and conditions set forth herein, Paragon Ingenuity may provide you with access via the Site to a) content free-of-charge (“Free Service”), b) premium content free-of-charge for which you must sign-up as a member to gain access (“Premium Free Service), and/or c) premium paid content for which you must make a specific purchase or pay a membership fee to gain access (“Premium Paid Service”). The Free Service, Premium Free Service and Premium Paid Service are collectively referred to herein as the “Services.”
Cedar Trading Company
Cedar Trading Company is an entity completely separate, and distinct from Paragon Ingenuity. Paragon Ingenuity has agreed to provide technical support, a marketplace to sell merchandise, and hosting services free-of-charge to Cedar Trading Company. By using our Services, you agree not to hold Paragon Ingenuity responsible or liable for any future liability that may arise from engaging and doing business with Cedar Trading Company, its owners, employees (collectively, “Cedar Trading Company”). Similarly, you agree not to hold Cedar Trading Company responsible or liable for any future liability that may arise from engaging and doing business with Paragon Ingenuity.
Access and Passwords
In order to gain access to portions of the Site, you must become a member by choosing a unique username, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the membership registration page. We may refuse to grant you a username and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion.
As a member, you also have certain other obligations relating to your account:
- You may not use, display, copy, sell, license, de-compile, upload, republish, transmit, distribute, create derivative work or otherwise exploit content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner without prior written permission from Paragon Ingenuity;
- You may not transfer or resell access to the Site;
- You are responsible for all activities that occur under your account;
- You are responsible for maintaining the confidentiality of your username, and password;
- You agree to notify us at firstname.lastname@example.org if you become aware of any possible unauthorized use of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your username or password;
- You agree that you are the only individual entitled to access the Site using your e-mail address, username and password, and you agree not to permit others to access the Site; and
- You agree to assume all liability from use of the Site by you, or any other user that accesses the Site using your e-mail address, username and password, at or through the Site, even with respect to acts for which the user had no actual authority or made an error.
Payments for Premium Paid Content
This section does not apply to the Free Service or Premium Free Service portion of the Site.
Access to portions of the Site are tied to the purchase of certain products/services on the Site and are restricted and accessible only after you make such purchases. You can always find the purchase cost of such products/services on our Site. Payment for one Premium Paid Service does not grant access to other Premium Paid Services. Your access to Premium Paid Service will continue for the duration Paragon Ingenuity remains in business, unless terminated by Paragon Ingenuity or until you notify Paragon Ingenuity by email or as designated on the Site of your decision to terminate your membership.
Paragon Ingenuity and Cedar Trading Company reserve the right to restrict, suspend or terminate your use of and registration on any of its websites at any time for any reason in its sole discretion, with or without cause, without prior notice to you and without liability or further obligation of any kind whatsoever to you or any other party. Paragon Ingenuity reserves the right to terminate your access to any portion of the Services and, in some cases in the sole discretion of Paragon Ingenuity, your membership in the Services, in the event you violate the Agreement. In such case, you will not be entitled to receive a refund, reimbursement or any other credit for any portion of the Premium Paid Service fee paid by you.
If you have any questions about this, please email us at email@example.com. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service, as well as any account overages (as detailed during the signup process). YOU, AND NOT PARAGON INGENUITY, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
The Site may contain community, commenting, forums, and/or other message or communication facilities (“Communication Services”) designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through Paragon Ingenuity any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Paragon Ingenuity. You acknowledge that Paragon Ingenuity does not pre-screen all content, but that Paragon Ingenuity and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, Paragon Ingenuity and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You expressly agree that under no circumstances is Paragon Ingenuity responsible, nor will Paragon Ingenuity be liable for, any third party content or for any loss or damage of any kind, that arises or results from such third-party posted on any of its websites, or any comment deleted by Paragon Ingenuity on any of its websites. This includes not only the comments posted, but also any external websites or resources, content, advertising, services or any other materials or information on or available from any person, firm or entity other than Paragon Ingenuity, posted on any of its websites.
1. Copyright and Restrictions
This Web site contains proprietary material of Paragon Ingenuity (or material that other suppliers have licensed to Paragon Ingenuity for their use) which is protected by copyright and other laws respecting proprietary rights. Paragon Ingenuity retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use Paragon Ingenuity except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
End users who are duly authorized may access Paragon Ingenuity for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Paragon Ingenuity. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause Paragon Ingenuity and/or Paragon Ingenuity’s suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by Paragon Ingenuity, and/or any of Paragon Ingenuity’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of Paragon Ingenuity; distribute the information contained in and/on this Site to other users not duly authorized to access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Paragon Ingenuity. If you breach any provision of this Agreement, Paragon Ingenuity may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies
2. Accuracy and Availability of Information
The Site contains database information and other content compiled by Paragon Ingenuity. While we use commercially reasonable efforts to provide accurate information, Paragon Ingenuity gives no warranty as to the accuracy of the database and other content on the Site. Paragon Ingenuity reserves the right to update, withdraw or delete information or content from the Site at any time. In the event of a power outage or the occurrence of an unforeseen event that causes a delay in the availability and transmittal of information to the Site, including but not limited to availability of Premium Service content, Paragon Ingenuity will make all reasonable efforts to make such information available in a timely manner.
3. Links to Third Party Sites
Paragon Ingenuity does not endorse the content on any third-party website, including websites of Paragon Ingenuity’s affiliates (“Third-Party Sites”). Paragon Ingenuity is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that website. This means that Paragon Ingenuity is not your agent and is not a party to any transaction at a Third-Party Site.
4. Representations and Warranties
You represent and warrant to Paragon Ingenuity that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your e-mail, username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
5. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARAGON INGENUITY, ITS OFFICERS, EMPLOYEES, AFFILIATES, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
PARAGON INGENUITY AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PARAGON INGENUITY OR ITS AFFILIATES, SUPPLIERS, AGENTS, SPONSORS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTAINED THEREIN, AND MATERIAL PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK. PARAGON INGENUITY WILL NOT BE LIABLE FOR ANY INFORMATIONAL ERRORS, INCOMPLETENESS, DELAYS OR ANY ACTIONS TAKEN IN RELIANCE ON INFORMATION CONTAINED IN THE SERVICES.
6. Important Securities Disclaimer
Paragon Ingenuity is not registered as a securities broker-dealer or investment adviser with any jurisdiction and is not providing any personalized financial, investment or tax advice. Certain parts of the Site provide investment information for investors on the state of the market, on select public companies, electronic traded funds (ETFs) and other investment products. By acting or not-acting on any information provided or omitted by Paragon Ingenuity, you agree to hold Paragon Ingenuity harmless and to completely release Paragon Ingenuity from any and all liability due to any and all losses (monetary or otherwise), damages (monetary or otherwise), or injuries (monetary or otherwise) that you may incur as a result of accessing the Site, its content and using information acquired from browsing the Site.
You understand that no content downloaded from or published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that Paragon Ingenuity is not advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that the information provided by Paragon Ingenuity, regardless of distribution medium, is solely for informational purposes and protected by the First Amendment of the United States Constitution. Neither the information presented nor any statement or expression of opinion, or any other matter herein, directly or indirectly constitutes a representation by Paragon Ingenuity nor a solicitation of the purchase or sale of any company stock (“stock”) or ETF or Futures Contract or any other investment products (together, “Investment Securities”).
Paragon Ingenuity provides paid subscribers of certain Premium Paid Services access to proprietary information on select Investment Securities whose price Paragon Ingenuity believes may rise or fall in the future. While it is Paragon Ingenuity’s goal to identify Investment Securities that have the potential for appreciation or devaluation, investments in Investment Securities are risky and use of the information provided by Paragon Ingenuity is at your sole risk. Investing in Investment Securities involve substantial risk; and there is always the potential for loss. In fact, it is possible that all or a substantial amount of your invested capital may be lost or impaired. As a result, you should not rely solely on the information provided by Paragon Ingenuity. Rather, you should use the information provided by Paragon Ingenuity as the starting point for doing additional independent research on the Investment Securities mentioned in order to allow you to form your own opinion regarding investing in the Investment Securities. The information contained herein is based on sources which Paragon Ingenuity believes to be reliable but is not guaranteed by Paragon Ingenuity as being accurate and does not purport to be a complete statement or summary of the available data. Paragon Ingenuity is not responsible for errors and omissions of any kind.
Paragon Ingenuity does not make specific recommendations on which Investment Securities to buy or sell. Such decision is left entirely to you. We may from time to time have one or more positions or no position in certain Investment Securities, and may increase or decrease such positions at any time without notice. Any opinions expressed directly or indirectly are subject to change without notice. Paragon Ingenuity does not undertake any duty or obligation to update any content to reflect current market conditions or other changes.
Paragon Ingenuity makes no representation that any Investor will, or is likely to achieve profits or losses similar to those shown on the Site. Trading stocks and ETFs based on the information provided by Paragon Ingenuity may not be suitable for all users. You, the investor, not Paragon Ingenuity assume the entire risk of any trading that you choose or not choose to undertake.
In addition, please note that some of the Investment Securities about which content is published on the Site have a low market capitalization and/or insufficient public float. Such Investment Securities are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information.
7. Limitation of Liability; Exclusive Remedy
UNDER NO CIRCUMSTANCES SHALL PARAGON INGENUITY, ITS OFFICERS, OWNERS, EMPLOYEES OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MATERIALS AVAILABLE ON THIS WEBSITE, EVEN IF PARAGON INGENUITY HAS BEEN ADVISED OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PARAGON INGENUITY INFORMATION OR OTHER MATERIALS, OR WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF PARAGON INGENUITY OR ANY OF ITS THIRD-PARTY PROVIDERS ARE FOUND LIABLE IN CONNECTION WITH A CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THE INFORMATION, THEIR AGGREGATE LIABILITY IS SUCH AN EVENT SHALL NOT EXCEED THE AMOUNT OF PREMIUM PAID FEES PAID BY YOU FOR USE OF THE SERVICES. YOUR RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES TO WHICH YOU MAY OTHERWISE BE ENTITLED FROM PARAGON INGENUITY OR ITS THIRD-PARTY PROVIDERS.
As a condition of your use of the Site, you agree to indemnify, defend and hold Paragon Ingenuity, including our officers, employees, agents and representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Agreement; (b) your use of the Site and/or Services including but not limited to materials viewed or downloaded through the Site; (c) your violation of the rights of any third party, or (d) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Site.
9. Investment Decisions
You assume all risk associated with investment decisions made on the basis of information contained on this Site. It is our policy to never advocate the purchase or sale of any individual investment vehicle. You should also understand that Paragon Ingenuity, it’s third –party providers and their respective officers, and employees may be active in the market and may or may not have open positions in any investment vehicle mentioned on this Site. Prior to the execution of a stock, ETF, futures contract or any other investment product trade, you are advised to consult with your broker or other financial representative to verify pricing and other information. Paragon Ingenuity, it’s third party providers, and their respective officers, employees and owners shall have no liability for investment decisions based upon any information contained or provided through the Site.
10. Copyright, Linking Policy and Trademarks
The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party Apps, and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein are the property of Paragon Ingenuity and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. Paragon Ingenuity reserves all rights not expressly granted in and to the Site.
The Site contains links to other Internet websites or links to Content created by third party which is published on the Site. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites or on our Site. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any Content, advertising, products, services, or information located on our Site or any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Similarly, while we do endeavor to facilitate the provision of quality Apps, we are not responsible for any loss or damages caused or alleged to have been caused by their use.
You may link to any content on the Site. If you are interested in reprinting, republishing or distributing content from Paragon Ingenuity, please contact Paragon Ingenuity to obtain written consent. Capitulation Opportunity Investment (C.O.I.N.) System is a trademark and/or service mark of Paragon Ingenuity. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
11. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
Paragon Ingenuity reserves the right to terminate, at any given time, Services to all users of the Site including subscribers of Premium Services, and may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that Paragon Ingenuity, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Paragon Ingenuity. Paragon Ingenuity may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
You agree not to assign your rights under this Agreement without the consent of an authorized representative of Paragon Ingenuity in a non-electronic record, and any assignment without Paragon Ingenuity’s consent will be voidable at Paragon Ingenuity’s option. This Agreement will inure to the benefit of and bind the parties’ respective successors and permitted assigns.
14. Applicable Law and Disputes
This Agreement is governed by the laws of the State of California, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate Paragon Ingenuity and/or its affiliates’ intellectual property rights, Paragon Ingenuity and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this Agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Contra Costa County, CA.. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Contra Costa County, CA., under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Paragon Ingenuity may change the provisions of this Agreement. When Paragon Ingenuity changes the terms of this Agreement, Paragon Ingenuity will notify you by e-mail or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the Site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the “I Agree” button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
16. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Paragon Ingenuity except in a signed, non-electronic writing signed by an authorized representative of Paragon Ingenuity.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Paragon Ingenuity or its affiliates as a result of this Agreement or your use of the Site.