Last Revised: December 5, 2024

IMPORTANT NOTICE:  THESE TERMS OF USE CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND PARAMOUNT FINANCIAL SERVICES AND THEIR AFFILIATES AND REQUIRES THE MANDATORY ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS BELOW.

This website (including all sub-sites) is operated by Paramount Financial Services, LLC or a subsidiary or affiliate thereof (collectively, “Paramount,” “we,” “our” or “us”).   By accessing a Paramount website, mobile application, interface, or platform (collectively, “Site” or “Sites”) that links to this Terms of Use Agreement ( the “Terms”, “Terms of Use” or “Agreement”), you agree to abide by this Agreement and by our Privacy Policy (which is hereby incorporated by reference), regardless of the device used (e.g., personal computer, mobile device, or any other technology or software) for access.  For purposes of this Agreement, “You” or “Your” means the person(s) and businesses using the Websites, and/or the goods, facilities, this site, or services of Paramount and its companies offered through alternative methods, including persons that allow others to provide information about themselves to Paramount, the banks, lenders, financial institutions, providers, and brokers on Paramount’s network (“Lenders”), and Providers (as defined below).

PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND EACH PROVISION.  THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND PARAMOUNT FOR THE USE OF THE SERVICES AND THE TERMS OF USE SHALL APPLY TO ALL USERS OF THE SITES.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITES, SERVICES, AND/OR CONTENT.  THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED, AND AGREED TO BY THE USE OF THE WEBSITES.

We may update these Terms of Use from time to time by making available a revised, dated version on the Sites. If the revised version includes a substantial change, we will provide a more prominent notice (including, for certain services, an email or other type of notification of Terms of Use changes) prior to the change becoming effective. Regardless of whether you received any notice, your continued use of the Sites after these terms have been updated shall constitute your acceptance of such updated Terms of Use. We encourage you to periodically review this page for the latest information. 

These Terms of Use govern your access to, and use of, the Sites and any of the tools, features, functionality, services, or products offered on or through the Sites, including your access to information and data; your use of any web portal, customer account, sales partner account, syndicate investor account, or online services; your submission of application and/or provision of information for qualification for financing or other purposes; your subscription to blogs, newsletters, and alike; and your participation in any public areas on the Sites (collectively, the “Services”).  

In addition to these Terms of Use and the Privacy Policy, certain of our services offered through the Sites, such as your ability to submit requests for commercial financing and related services, will be subject to, and governed by, separate terms and conditions or contracts that will be provided to you, and that you must agree to, in connection with those requests or transactions. To the extent there is a conflict between these Terms of Use and a transaction-specific agreement, the transaction-specific agreement will govern.  

1. USE OF SITES

You may view and use the Sites and/or any of the information or Services only in accordance with these Terms of Use. You agree to use the Sites and/or Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability as determined by applicable law.  The Sites are for individual business owners and legal entities organized and authorized to do business in the United States, and are not intended for use by others or for use outside of the United States.

To access certain features of the Site, you may need to register for an account and to provide us certain documentation or information, including information about your identity, finances, and business performance.  By creating or accessing a user account, submitting a request for commercial financing, and/or otherwise using the Sites, you represent and warrant that: (i) you are 18 years old or older and are fully able to enter into a binding agreement; (ii) all information and/or documentation you submit is true, accurate, current, and complete; (iii) you will update such information, as necessary, to keep it true, accurate, current, and complete; and (iv) the information belongs to you and does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party.

Paramount reserves the right, at its sole discretion, to restrict in whole or in part, your access to, and use of, the Sites, Services, and Site content at any time, with or without notice, and for any or no reason.

a. Applicable Terms to Services Offered By Paramount:

(1) LOAN REQUEST SERVICES

Paramount offers loan and lease request services, explained in more detail below and in the various contracts which you will receive if an applicable is submitted. NOTE: Pursuant to the contracts between Paramount and the Lenders on its network, we may also receive information from your Lender regarding the status of your application including, but not limited to, the amount or disposition of your loan. Information specific to your Lenders use of your information will be found in your Lender’s specific Privacy Policy. NOTE: You are providing express written consent for Paramount and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics, and/or for marketing purposes.

(i)        Terms Applicable to Loan Request Services

You should rely on your own judgment in deciding which available loan product, terms, or Lender best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that Paramount shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. You understand that Lenders may keep your loan request information and any other information provided by Paramount or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any Lender directly if you no longer want to receive communications from them.

The Websites and the services provided by Paramount are available in connection with non-mortgage loans unless otherwise specified. Loans may only be made to residents of states where Lenders are licensed or authorized to make such loans. Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on the Websites. Paramount and Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Websites at any time, without prior notice.

Paramount does not guarantee acceptance into any loan program or specific loan terms or conditions with itself or any other Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, Paramount does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market or that they will not change before a loan agreement is signed. A Lender’s conditional loan offer may be subject to market conditions, approval, and qualification. The rates and fees provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations (if applicable) including but not limited to location, equity and value, and income/asset consideration including but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all states. You might not be matched with the Lender making any specific offer. 

To help the government fight identity theft, the funding of terrorism, and money laundering activities, Paramount and/or its Lenders may obtain, verify, and record information that identifies each person who opens an account with them. They may ask for your name, Social Security Number, address, telephone number, date of birth, and other important information that will allow them to properly identify you. During the Lenders’ formal application process, they may also ask to see your driver’s license or other identifying documentation to further assist in certifying your identity.

Paramount is or may be paid a marketing lead generation fee by Lenders for the goods, facilities, and services provided. Your use of the Websites and/or Paramount’s services constitutes your agreement with this compensation arrangement. At closing, you will be responsible for paying for any closing costs associated with your loan (such as loan processing, underwriting, or funding fees).

(ii)       Paramount Loan Request Services

The Paramount services provide multiple loan conditional offers through their networks of nonaffiliated Lenders. By submitting the loan request form and/or application, you authorize Paramount to provide information provided by you or that Paramount has or may receive from others to Lenders on their networks, along with any additional Lenders or investors necessary to complete your loan transaction. You also authorize Paramount and its Lenders along with any additional Lenders or investors necessary to complete your loan transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate. By clicking “Continue” (or any button indicating acceptance) you are certifying that all the information you have provided in your loan request is true, accurate and complete.

At the present time, Fair Isaac Corporation (the company that provides “FICO” credit scores) reports that, for mortgage or auto loans, it disregards those inquiries made in the 30 days prior to the lender receiving the credit score and that beyond the 30 days, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes. Some Lenders will require additional information prior to providing an offer. In these situations, the Lender(s) will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s). In the process, you may be given the option to provide your Social Security Number, business EIN numbers, and/or have your credit pulled in order to improve your Lender matches. The Lenders you are matched with may later require a Social Security Number to proceed with your loan request.

To determine which Lenders may be matched with you, Lenders provide us criteria about the type of loan (for example, loan amount or credit terms) and the type of loan customer (for example, state of residence or creditworthiness) in which the Lender is interested. Paramount will provide your information to Lenders whose criteria match your profile.

Paramount is not affiliated with consumer loan Lenders in any way other than as a distributor of information regarding Lenders’ consumer loan products and services. All decisions regarding any consumer loan applications submitted to Lenders are solely the right and responsibility of such Lenders.

(iii)      Additional Terms Applicable to Auto Loan Request Services

If you request an auto loan and qualify for applicable referral programs, Paramount may also provide your information with one or more of the Lenders, Providers, or third-party marketing companies in that program. In addition, you may be matched with one or more Lenders offering unsecured loans with which you could finance your automobile, titled vehicle, or motorcycle. As such, when you click on the submit button you are consenting, acknowledging, and agreeing to a hard pull of credit by up to five lenders in relation to your automobile loan inquiry. Please note, that you are providing Written Consent for such inquiry and that this may impact your credit score. FICO (Fair Isaac Corporation) recognizes that borrowers typically shop around, and consumers are encouraged to find the best deal that works for them and their personal financial situation. That’s why inquiries from multiple auto loan applications generally will not hurt your score for 30 days. Once a month has passed, the FICO scoring model treats multiple inquiries for one of those loan types as a single inquiry, provided the applications all took place within a relatively short window of time such as 45 days. That consolidation of inquiries helps limit the FICO score damage that would otherwise be caused by multiple credit checks, each counted individually. You may contact FICO online at https://www.fico.com/en/contact-us with questions.

(iv)     Additional Terms Credit Cards, Personal Loan, And Commercial Loan Request Services

If you request a credit card, personal loan, or commercial loan, Paramount may also provide your information with one or more of the lenders or Providers in that program.

Notice For California Residents: A married consumer may request separate credit. A married consumer may include a spouse’s income even when requesting for a separate account.

Notice For Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law.

Notice For Married Wisconsin Residents: No provision of a marital property agreement (pre-marital agreement), a unilateral statement under Section 766.59 of the Wisconsin Statutes, or a court decree under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the creditor unless, prior to the time the credit is granted, the creditor is furnished a copy of the marital property agreement, statement, or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. If the loan for which you are applying is granted, your spouse will also receive notification that credit has been extended to you.

2. PROHIBITIONS ON USE

You agree that you will not violate any law, contract, intellectual property, or other third party right, and that you are solely responsible for your conduct, while accessing or using the Sites or using the Services. As noted above, the Sites and Services may only be used for lawful purposes and in accordance with this Agreement.  Additionally, you specifically agree that you will not:  

• Provide false or misleading information to Paramount, impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• Use the Site in any manner that violates any federal, state, international, or local law or regulation, or engage in, facilitate, encourage, or promote any activity that violates the Terms of Use;
• Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
• Reverse engineer any aspect of the Site, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Site;
• Use the Site in any matter that could threaten, bypass, or destroy any security mechanism used with or incorporated in the Site;
• Post or otherwise transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
• Use or attempt to use another user’s account without authorization from such user and Paramount;
• Post or otherwise transmit inaccurate, misleading, deceptive, offensive, lewd, hateful, defamatory, libelous, abusive, illegal, discriminatory, or otherwise inappropriate or objectionable content;
• Post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service; and
• Post or otherwise transmit any content, data, or material that infringes on the intellectual property rights or other personal rights (including privacy) of any third parties.

3. ACCOUNT SECURITY

Each user is responsible for any misuse of his or her account, even if the inappropriate activity was committed by someone other than the account holder (i.e., his or her family member or friend, for example).  Therefore, each user must take all reasonable steps to protect his or her account from unauthorized access.  In addition, no user may access his or her account to breach the security of any other user’s account or attempt to gain unauthorized access to another server or network.  As such, each user must always ensure the security of his or her password, including without limitation, by not sharing it with others for any reason, creating passwords that are hard to guess, and updating passwords on a regular basis.  Paramount reserves the right to terminate your access to the Sites or cancel your username and password at any time, without notice, and for any reason including, without limitation, your violation of these Terms of Use.

4. OWNERSHIP, COPYRIGHTS, TRADEMARKS, LICENSES

Except for User Content (as defined below), any and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on behalf of Paramount on any Site (collectively, “Site Content”) is the sole and exclusive property of Paramount or our licensors, as applicable.

The Sites, Site Content, and the selection and arrangement thereof, are protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved, and users shall abide by those laws. Paramount reserves all rights not expressly granted in and to the Sites, Services, and the Site Content. Unless otherwise noted, the Paramount trademark, the Paramount name, Paramount abbreviation and all other Paramount service marks, trade names, logos or other designations of source displayed on the Sites are the property of Paramount, and may not be copied, imitated, or used, in whole or in part, without Paramount’s prior written permission.  All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners, and may not be copied, imitated, or used, in whole or in part, without the permission of the lawful trademark holder.

By furnishing Site Content, Paramount does not grant any licenses to, or transfer any title rights for, any copyrights, patents, or any other intellectual property rights. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein. Unless otherwise expressly stated herein, no part of the Site, including any Site Content, may be reproduced, modified, electronically transmitted, or otherwise copied or exploited for any purpose whatsoever without the express written permission of the intellectual property owner.

5. USER CONTENT

All information or other content conveyed or communicated by you to Paramount as a contribution to any of the Sites (each, a “Submission”) shall comply with these Terms of Use and, upon receipt, will become property of Paramount. Paramount will not be required to treat any Submission as confidential and will not be liable for the use of any ideas (including without limitation, any product, service, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Paramount shall have the right to use any content contained in a Submission for any purpose, without acknowledging the source of that Submission, and without compensation to you or any other person sending that Submission.

Paramount may permit the posting of text, files, images, photos, video, sounds, musical works, works of authorship, and other materials and content by you and other users (“User Content”) on certain areas of our Sites, including those that are interactive and accessible to the public.  By submitting or posting User Content, you understand and acknowledge that any materials, ideas, or other communications you submit or post in any manner and for any reason will not be treated as confidential or proprietary and may be preserved, disclosed, or removed from the Sites by Paramount at its sole discretion.  Paramount has the right to accept, post, refuse, remove, or delete any User Content for any or no reason (including User Content that Paramount considers violative of these Terms of Use or otherwise illegal or objectionable). Notwithstanding the foregoing, you understand and acknowledge that Paramount has no responsibility to monitor any materials submitted, posted, transmitted, or communicated to or within the Sites. That said, if there is something on the Sites that you’d like to bring to our attention because you think it violates the Terms of Use, please email compliance@paramountfinancial.com.

All User Content shall comply with these Terms of Use.  In addition, you specifically represent that: (i) you own or have the necessary licenses, rights, consents or permissions to use, and authorize Paramount to use, all patent, copyright, trade secret, trademark, and other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Sites and these Terms of Use; and (ii) you have the appropriate and necessary written consent, release, or permission of each identifiable individual person or business in your User Content to use the name, likeness, or other personal characteristics of each such identifiable individual or business (as applicable) to enable inclusion and use of such User Content in the manner contemplated by the Sites and these Terms of Use.  You are solely responsible for any User Content you submit or post and the consequences of submitting or posting it.

By submitting or posting User Content, you grant Paramount a non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, display, modify, prepare derivative works based upon, and otherwise exploit (including, but not limited to, over the Internet, social media, broadcast television, radio or any other uses or media), the User Content to the maximum extent permitted by applicable law.  You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites, and to use, access, reproduce, distribute, transmit, forward, display, and perform such User Content to the extent permitted by the Sites under these Terms of Use.

6. THIRD-PARTY CONTENT

Paramount may link to other websites that we believe may be useful to you, provide information about third-party products, services, or events, or allow third parties to make their content and information available on or through our Sites (collectively “Third-Party Content”). Paramount does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk and Paramount assumes no liability for such use. Your dealings and correspondence with third parties and your use of, or interaction with, any Third-Party Content is solely between you and the third party.  When leaving our Sites, you should be aware that these Terms of Use no longer govern, and therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites.

7. COPYRIGHT COMPLAINTS

We respect copyright ownership and expect users of our Sites to do so as well. It is our goal to limit or prevent access to the Sites by any users who are repeat infringers of copyright.

If you are a copyright owner or an agent thereof and believe anything on our Sites infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to Paramount through our designated agent, by email or mail, as follows:

Paramount

ATTN: Head of Legal

compliance@paramountfinancial.com

Your DMCA notice should comply with 17 U.S.C. § 512(c)(3) and include substantially the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should review the DMCA and/or consult an attorney before submitting a DMCA notice. You acknowledge that if you fail to comply with substantially all of the requirements of a DMCA notice, it may not be valid, and we may not be able to remove infringing content.

8. TELEPHONE COMMUNICATIONS

By your use of the Sites, such as, without limitation, through a submission of a request for commercial financing, you expressly consent to receiving servicing, collection, marketing, and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, our marketing partners, our trusted third-party providers, referral provides, and marketplace participants, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. You understand that you are not required to provide consent to telemarketing calls as a condition of receiving any financing or services from Paramount.  Please note that you are not required to consent to be called for marketing or promotional purposes in order to qualify for financing or obtain any other products or services from Paramount. If you do not agree to be called for marketing or promotional purposes, please call (add phone number) or email DNC@Paramountfinancial.com.  In your request, please specify whether you would like to stop receiving SMS messages (including text messages), telephone calls, or both, and the telephone number(s) for which you are making the request.

You also consent to the recording and monitoring, for quality assurance, training, risk management, collection, or other purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.

9. DISCLAIMERS

THE SITES (INCLUDING SITE CONTENT, USER CONTENT, SERVICES, AND WEBSITES LINKED TO THE SITE) ARE MADE AVAILABLE “AS IS,” “AT YOUR OWN RISK,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITES ARE UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON THEM FOR ANY DECISION OR TO TAKE ANY ACTION. PARAMOUNT DOES NOT WARRANT THAT THE SITES WILL MEET THE USER’S REQUIREMENTS AND/OR ARE FREE OF INTERRUPTION OR ERRORS, OR THAT ANY OF THE SITES IS FREE OF VIRUSES, WORMS, BUGS, OR OTHER MALICIOUS TECHNOLOGY.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARAMOUNT (INCLUDING ITS SUBSIDIARIES AND AFFILIATES) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COSTS OR ATTORNEY’S FEES) ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE, ACCESS TO, USE OF OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT OR USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

11. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Paramount (including any of its subsidiaries, affiliates, licensors and their respective officers, directors, employees, agents and representatives) from and against all claims, actions, liabilities, losses, demands, damages, expenses, and costs (including attorney’s fees) (collectively the “Claims”) arising out of or relating to: (i) your access to or use of the Sites or Services; (ii) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); and (iii) your breach of any of these Terms of Use. You shall promptly notify Paramount of any third-party Claims, cooperate with Paramount in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees).  Paramount reserves the right to assume, at its sole discretion, the exclusive control over defense or settlement of any third-party Claims.

12. Dispute Resolution, Arbitration and Class Action/Waiver

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.  YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU FURTHER UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

a.         Informal Dispute Resolution.  We want to address your concerns without needing a formal legal case.  Most concerns may be quickly resolved in this manner. For any dispute with Paramount, you agree to first contact us at support@paramountfinancial.com and attempt to resolve the dispute with us informally. Your notice of dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The notice of dispute also must explain the facts of the dispute as you understand them and tell us what you want us to do to resolve the issue. The parties shall use their best efforts to settle any dispute directly through consultation and good faith negotiations, and you agree that a notice of dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration.  A notice of dispute will not be valid unless it contains all of the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant notice of dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the notice of dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. 

b.         Agreement to Binding Arbitration. In the unlikely event that we do not reach an agreed upon solution within sixty (60) days from the date the informal dispute resolution is pursued pursuant to the Initial Dispute Resolution section above, then unless an Exception applies as stated below, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services, the Privacy Policy, or this Agreement, including but not limited to its formation, performance, breach or alleged breach thereof, and regardless of whether the dispute is based in contract, statute, regulation, ordinance, or tort (collectively, “Claims”), by binding arbitration.  

The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Except in the event of a Mass Arbitration (as defined below), the parties agree that all Claims shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.  The seat of the arbitration will be decided pursuant to the JAMS Rules. You or Paramount may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live. 

Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Rules. Except as expressly stated to the contrary below, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all arbitrability issues, as well as all issues or Claims arising out of or relating to the interpretation, applicability, or enforceability of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. In any arbitration before JAMS, the parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

If you initiate arbitration, to the extent the initial filing fee for the arbitration exceeds Five Hundred U.S. Dollars ($500) and the claim is found to be non-frivolous and not in bad faith, we will pay the additional cost.  If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was frivolous or brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration fees and/or costs. We will also pay JAMS to reimburse you for any portion of the initial filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

c.  Class Action and Class Arbitration Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. You and we each further agree to waive our respective right to file a class action or seek relief on a class basis. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this Agreement to Binding Arbitration cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies.

d.  Exceptions to Arbitration. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the jurisdiction provisions in Section 32(h) below. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.

e.         Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.

f.          Term for Cause of Action. To the fullest extent permitted by law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.  You further agree that the limitations of damages as set forth herein are fundamental elements of the basis of the bargain between you and Paramount.

g.         Exclusive Venue for Litigation Not Subject to Arbitration. To the extent that the arbitration provisions set forth above do not apply, you and we agree to submit to the personal jurisdiction of the state and federal courts located in Maricopa County, Arizona and you and we agree that any litigation shall be filed exclusively in state or federal courts located in Maricopa County Arizona (except for small claims court actions which may be brought in the county where you reside). In the event of litigation not subject to this Agreement to Binding Arbitration, you and we agree to waive, to the maximum extent permitted by law, any right to bring a class action or any right to a jury trial, except where a class action or jury trial waiver is not permissible under applicable law.  

14. MISCELLANEOUS

a. Entire Agreement.  These terms and any and all language directly linked to or within these terms constitute the entire agreement between you and Paramount relating to the subject matter of these Terms of Use, and these Terms of Use supersede all prior or contemporaneous communications or proposals relating to the subject matter of these Terms of Use.

b. Severability.  In case any part of these Terms of Use is found to be invalid, void, or unenforceable in any respect, the validity, legality, and enforceability of any other term contained therein or herein shall not in any way be affected or impaired and shall remain in full force and effect.

c. Assignment.  These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but they may be assigned by Paramount without restrictions or limitations. Any attempted transfer or assignment in violation hereof shall be null and void.

d. Waiver.  Our failure to enforce any part of these Terms of Use shall not be deemed a waiver of any further rights hereunder, and does not mean we give up the right to later enforce that part or any other part.

e. No Interpretation of Caption or Headings.  The captions and headings within these Terms of Use are for ease of reference only and are not intended to create any substantive meaning or to modify the terms or clauses either following them or contained in any other provisions herein.

15. PRIVACY POLICY

In addition to reviewing these Terms of Use, you should also review our Privacy Policy to better understand how we collect and use your personal information. Your use of the Sites constitutes your agreement to the terms and conditions of our Privacy Policy.  To access our Privacy Policy, click here.

16. CONTACT INFORMATION

If you have any questions or concerns about these Terms, please contact us at support@Paramountfinancial.com.