Terms of Use
Effective Date: September 19, 2025
By accessing or using paradigmwell.com (the “Site”) or by visiting our clinic, you agree to these Terms of Use (the “Terms”). Paradigm Wellness LLC (“Paradigm,” “we,” “us,” or “our”) operates the Site.
1. Eligibility & Use
You must be 18+ (or have parental/guardian consent) to use the Site. We may suspend or refuse access at our discretion at any time.
2. Informational Nature; No Medical Advice
This Site does not provide medical advice. Content on the Site is informational only and not medical advice or a substitute for care. Use of the Site does not create a provider–patient relationship. For diagnosis or treatment, consult a clinician; in an emergency, call 911.
3. Separate Policies
Non-PHI website data is governed by our Privacy Policy. PHI is governed by our Notice of Privacy Practices (NPP). If there is any conflict, the NPP controls for PHI.
4. Products & Services
Clinic services are provided under applicable law and professional standards; no outcome is guaranteed. Fitzgerald Conservatory retail products are offered under separate terms on the Fitzgerald site; retail purchases are not part of your medical record and are not PHI.
5. Orders & Returns
Prices, descriptions, and availability may change without notice. All sales are final unless our posted Return & Refund Policy states otherwise. We may cancel or refuse any order (e.g., suspected fraud).
6. Acceptable Use
When using our Site, you agree that you will not: (a) interfere with, disrupt, or impair the Site or any related network; (b) bypass or attempt to bypass any security or access control; (c) use bots, scrapers, spiders, or other automated means without our prior written consent; (d) upload or transmit viruses, malware, or harmful code; (e) misuse forms or messaging; (f) copy, frame, or mirror content without written consent; or (g) use the Site for unlawful, infringing, deceptive, or abusive purposes.
7. Intellectual Property
All Site content is owned by Paradigm or its licensors and protected by IP laws. We grant you a limited, revocable, non-transferable license to access and use the Site for personal, non-commercial purposes. No other rights are granted.
8. DMCA Notice
If you believe content on the Site infringes your copyright, send a notice to our DMCA Agent (Privacy Officer) at admin@paradigmwell.com or to the postal address in the Contact section, Attn: DCMA Agent, including: (1) a description of the copyrighted work; (2) the URL/location of the allegedly infringing material; (3) your contact information; (4) a statement of good-faith belief that the use is not authorized; (5) a statement under penalty of perjury that you are authorized to act; and (6) your physical or electronic signature. If your content was removed by mistake, you may send a counter-notice as permitted by the DMCA.
9. Communications Consent (Calls/SMS/Email)
By providing a phone number or email, you consent to receive informational communications about inquiries, scheduling, or services. Text/SMS: message and data rates may apply; reply STOP to opt out of non-essential texts. We do not require marketing consent to receive care.
10. Third-Party Services
The Site may link to or use third-party services (e.g., hosting, maps, payment processors). We do not control and are not responsible for those services. Your use of them is governed by their terms and privacy policies. We are not responsible for any third-party outages or data handling.
10.1 Modifications to the Site; Termination
We may modify, suspend, or discontinue any part of the Site at any time without notice. We may suspend or terminate your access to the Site at any time and for any reason. Upon termination, the licenses granted to you will automatically end.
11. Disclaimers
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARADIGM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant the Site will be uninterrupted, secure, or error-free.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARADIGM AND ITS OWNERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY. PARADIGM’S TOTAL LIABILITY FOR ANY CLAIMS WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID TO PARADIGM FOR THE APPLICABLE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) $100. Some jurisdictions do not allow certain limits; those limits apply to the fullest extent permitted. Nothing in these Terms limits liability that cannot be limited under applicable law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Paradigm and its personnel from claims, damages, or costs (including reasonable attorneys’ fees) arising out of your use of the Site, your violation of these Terms, or your infringement of any rights.
14. Dispute Resolution; Arbitration; Class Waiver
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Site will be resolved by individual binding arbitration under the Federal Arbitration Act and the AAA Consumer Arbitration Rules then in effect. The arbitrator has exclusive authority to resolve all issues of arbitrability, including scope, enforceability, and the validity of the class waiver.
Location & Fees. Unless we agree otherwise, the arbitration will take place by video conference or in Nueces County, Texas. AAA rules govern fees; each party bears its own attorneys’ fees except as the arbitrator may award under applicable law.
Class/Collective Action Waiver: You and Paradigm agree disputes must be brought in an individual capacity and not as a class, collective, or representative action.
Small-Claims Court. Either party may bring an eligible claim in small-claims court in Nueces County, Texas.
Opt-Out: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending a written notice with your name, contact information, and a clear statement opting out to the address in the Contact section. If you opt out, disputes will be resolved in court as set forth in Governing Law and Venue.
15. Governing Law and Venue
These Terms are governed by the laws of the State of Texas and applicable U.S. federal law. Subject to the Dispute Resolution section, the exclusive venue is state or federal courts in Nueces County, Texas.
16. Changes to Terms
We may update these Terms at any time. The “Effective Date” will reflect the latest version. Your continued use of the Site after changes are posted constitutes acceptance.
17. Severability
If any provision is unenforceable, it will be modified to the minimum extent necessary, and the remainder remains in effect. These Terms are the entire agreement regarding the Site. You may not assign these Terms without our consent; we may assign without restriction. The Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law and Venue sections survive termination.
18. Contact
Privacy Officer - Paradigm Wellness
5366 McArdle Rd, Suite 104, Corpus Christi, Texas 78411
admin@paradigmwell.com | +1 (361) 257-1194
