This User Agreement contains the terms and conditions applicable to you and your access and use of www.sparcretail.com, and all related Sparc Network Sites, including all mobile versions and related mobile services, or other services linking to this page and other related software, interactive features or downloads operated by us and that are made available by or controlled by. The Services are owned and operated by Sparc Retail LLC. By using the Services, you agree to this Agreement and the practices described herein.
For purposes of this User Agreement ("Agreement" or "User Agreement"), the terms "we," "us," "our" and "Sparc" refer to Sparc Retail LLC, a California Limited Liability Corporation, and "you" and "your" refers to you, as a user of any of the Sparc based websites and Sparc based mobile applications (our "Services"). Sparc also hosts Third Party web sites ("Third Party Sites"). Sparc Sites and Third Party Sites make up a network of web sites that we refer to here as the "Sparc Network Sites." The Sparc Network Sites, using Sparc, allow registered users ("Members") to create personal account profiles online, train and become certified, share information, utilize Sparc Services and establish a network of relationships with Brands – all within one Sparc Network and across multiple Sparc Networks.
BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICES. THIS AGREEMENT MAY BE MODIFIED, CHANGED OR ALTERED BY US AT ANY TIME WITHOUT PRIOR NOTICE. IN AGREEING TO THIS AGREEMENT, YOU ARE RESPONSIBLE FOR PERIODICALLY CHECKING FOR CHANGES AND/OR UPDATES TO THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, WE WILL ENDEAVOR TO NOTIFY YOU OF ANY CHANGES BY POSTING SUCH CHANGES ON THE SERVICES. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.
You agree that
(i) you will use the Services in accordance with this Agreement and in accordance with any specific rules or usage provisions specified by us on the Services;
(ii) all information supplied by you to us will be true, accurate, current and complete.
We retain the right at our sole discretion to deny or suspend access to the Services to anyone, at any time and for any reason, without liability.
You acknowledge and agree that your use of the Services, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials.
We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Services for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.
The Services may enable you to log-in through and otherwise interact with third-party services, such as forums, social media accounts, and ecommerce sites. These features may enable integration and/or access to your social media accounts. By connecting to the Services with a third-party service, you give us permission to access and use information, content and/or material you have supplied to that service (including without limitation, your name, account, employer and any profile information you provide) as permitted by that service, and to store your log-in credentials for that service.
Certain rewards programs, sweepstakes, contests and promotions may be subject to additional terms and conditions. In order to participate in such promotions through the Services, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
The creation of a user account is mandatory in order to access or use the Services. Our Services registration requires you to provide us contact information and may also require demographic information, including your name, email address, employer, including mailing address and telephone number.
We reserve the right to decline to register or to terminate your account for any reason or no reason without further explanation or discussion . Without limiting the foregoing, we may terminate your account if a serious complaint or multiple complaints are received about you from other users, if you breach this Agreement, or if we, in our sole discretion, deem your behavior to be unacceptable. Users who have registered under multiple aliases will have all of their aliases disabled. You are responsible for keeping your login information, including your email address and password secret and secure.
The Services are not intended for, and we have no intention of collecting personally identifiable information from, persons under the age of 18. The content and information posted on the Services are provided as information to interested persons and may be used for informational and personal purposes only. Modification or use of the materials for any other purpose may violate our (or a third partys) intellectual property rights.
The Services are not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. Material from the Services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of this Agreement immediately and automatically terminates your right to use the Services and may subject you to legal liability.
All listings, postings, offers, communications and Content (defined below) made through the Services must be made in good faith. In no event will anything contained in this Agreement or any area of the Services be construed as a representation or guarantee with respect to any such Content. We do not guarantee the accuracy, completeness or usefulness of any Content. Furthermore, we do not endorse or recommend any of the jobs, tasks, business, opportunities or Content posted or promoted on the Services and we strongly recommend that, prior to entering into any agreement with any party you find on or through the Services, that you obtain your own independent legal, accounting, financial or taxation advice, as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and merchandise.
In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Services. We do not act as agent for either party and do not participate in any sale or transaction between you and other users of the Services.
Transactions and all other contact between you and other users are conducted entirely at your own risk. You agree that we take no responsibility or liability for any misconduct of any of our users, including, without limitation, users that have registered under false pretenses or who attempt to defraud you. We give no undertakings, representations, or warranties in relation to services rendered or listed on the Services, or products or services advertised or offered through our Services, including: about ownership of any item or property; as to the content, safety, description, worthiness, quality, or legality of our clients products or services listed on our Services; as to the accuracy or truth of postings; that any user's services will meet your requirements or expectations; or ability of users to complete a task.
You represent, warrant, and agree that you will not: use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state, national and international laws and regulations and treaties; use the Services for the distribution, housing, processing, propagation, storage, or other handling of, any Content (as defined below) or other material prohibited by this Agreement, or any material that may create a risk of any loss or damage to any person or property, or any other material (including, without limitation, links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful; permit or otherwise enable unauthorized users to access and/or use the Services permit or otherwise enable any individual to access and/or use the Services through your account, use your user name, email address, password or other account information that may allow them to gain access to your account; use the Services to export software or data in violation of applicable U.S. laws or regulations; sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Services, or otherwise permit any third party to use or have access to the Services for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Services; remove any copyright, trademark, patent or other proprietary notices from the Services or any Content on the Services; distribute, publish, exhibit, or otherwise use the Services, in any manner and for any purpose not expressly permitted under this Agreement; exploit the Services or collect any data incorporated in the Services in any automated manner through the use of bots, metaspiders, crawlers or any other automated means; register as a user of the Services by providing false, inaccurate, or misleading information or impersonate another user; post hyperlinks to commercial services or websites; collect personal data about other users of the Services for commercial or any other purposes; post or otherwise make available inappropriate Content (as described below), repeatedly post or make available the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; attempt to gain unauthorized access to our computer systems (including any non-public areas of the Services) or engage in any activity that disrupts, diminishes the quality of, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Services (or the servers and networks which are connected to the Services); make available Content (as defined below) that in our opinion constitutes or contains "affiliate marketing", "link referral codes", "junk mail", "spam", "chain letters", "pyramid schemes", or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorized by us in writing; and/or access or use the Services if you have been previously removed from the Services by us.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE CONTENT AND INFORMATION POSTED ON THE SERVICES IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES TO THE BROADEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT AND INFORMATION POSTED ON THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, FOR TECHNICAL ACCESSIBILITY, FITNESS OR FLAWLESSNESS OF THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. WE EXPRESSLY DISCLAIM ALL LIABILITY WITH RESPECT TO ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SERVICES OR CONTENT ACCESSED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON THE SERVICES OR IN CONTENT). WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU OR ANY THIRD PARTY SUBMITS, POSTS OR SENDS OVER THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND THE CONSEQUENCES OF POSTING OR PUBLISHING IT, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR AND OTHER USERS' ONLINE
Through your use of the Services, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandize and services and you.
WE MAKE NO WARRANTY REGARDING ANY THIRD PARTY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM A THIRD PARTY ON OR THROUGH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE DIRECT SELLER OF SUCH PRODUCTS OR SERVICES.
If you download any content from the Services, we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content.
You acknowledge and agree that the form and nature of the Services that we provide may change from time to time without prior notice to you. You acknowledge and agree that we may decline to provide you access to the Services or stop (permanently or temporarily) providing the Services (or any features or programs or Content within the Services) to you or to users generally at our sole discretion, without liability or prior notice to you.
Subject to your compliance with this Agreement, we hereby give you a personal, revocable, worldwide, non-assignable and non-exclusive right to access and use the Services in the manner and for the purposes expressly permitted by the Agreement and our associated policies, as applicable. We reserve all right, title and interest in and to the Services not expressly granted to you under this Agreement. There are no implied licenses under this Agreement.
In general, much of the content contained on the Services is supplied by third parties and other users. You understand that all information and materials (including, without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) accessible as part of, or through the use of, the Services are the sole responsibility of the person from whom such information originated. All such information is referred to as "Content".
You acknowledge that Content presented to you as part of the Services may be protected by intellectual property rights which are owned or controlled by the persons and/or entities that provide that Content to us (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works of the Content (either in whole or in part), unless you have been specifically told that you may do so by us or by the owners of that Content, in writing.
We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content. You understand that by using the Services you may be exposed to Content that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including, without limitation, any loss or damage which we may suffer) by doing so.
Content that you create, transmit, or display while using the Services must be appropriate for the Services. We may reject, remove, or edit any Content that:
In connection with Content you upload, submit, post, or otherwise make available via the Services, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such Content in the manner contemplated by this Agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant to us all of the rights granted herein.
In addition to any right or remedy that may be available to us under this Agreement or applicable law, we may suspend, limit or terminate your access to the Services, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
You agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
You retain copyright and any other rights you already hold in Content which you upload or otherwise submit to, or make available on, the Services. By posting, uploading, submitting or otherwise making available Content, you give us a worldwide, perpetual, fully-sub-licensable (through multiple tiers), transferable, irrevocable, royalty-free, and non-exclusive license to use, host, store, reproduce, adapt, modify, translate, re-arrange, publish, publicly perform, publicly display, distribute and otherwise exploit such Content (in whole or in part) in any manner or media whatsoever, now known or hereafter developed, for any purpose whatsoever, including, without limitation, (i) in connection with our business and (ii) in connection with the business of our successors, subsidiaries, and their related companies. Other users of the Services may, and you hereby grant all users of the Services the right to, search for, see, and/or use any Content that you make publicly available through the Services to the extent permitted by the features and functionalities of the Services. Moreover, by submitting Content, you also grant us the right to use your name, picture, likeness, voice, and biographical information in and in connection with the use or publication of your Content in any media, worldwide, in perpetuity.
You agree that we may use your feedback, suggestions, or ideas in any way, including, without limitation, in future modifications of the Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback, suggestions, and ideas you provide to us in any way without any liability or obligation to you.
You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys'' fees, issued by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of the Agreement (including, without limitation, any breach of your representations and warranties set forth herein).
This Agreement shall remain in full force and effect while you use the Services or are registered with us. You may terminate your registration at any time, for any reason. We may terminate your registration at any time, without warning. Even after your registration is terminated you continue to remain bound by this Agreement to the extent you continue to access the Services in any capacity.
Void where prohibited. All images, website design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software Copyright 2015 Sparc, LLC. All rights reserved. All other trademarks and trade names are properties of their respective holders.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. SPARC IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS, AND AGREE THAT IF YOU RELY ON THE MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL SPARC (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED WEBSITE, EVEN IF SPARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPARC DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPARC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS OR THE MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SPARC IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.