These pages contain the Terms of Service (hereafter "Agreement") governing use of this SparkEducation.com website. These Terms of Service are binding on all users. Users should visit this page periodically to review its contents for updates and changes.
For purposes of this Agreement, "SparkEducation.com" refers to this corporation, and "SparkEducation.com" The terms "We", "us" and "our" refer to SparkEducation.com The Term "you" refers to Users of this SparkEducation.com web site.
1. SparkEducation.com is incorporated in the State of Utah.
2. By accepting this Agreement as outlined herein, User indicates to SparkEducation.com that you have read and understand all terms and conditions contained in this Agreement, and agree to comply with them when using this SparkEducation.com web site.
3. SparkEducation.com reserves the right to update or modify these Terms of Service at any time, in our sole discretion and/or according to new circumstances that may arise as result of legal, market, technological or other change. Consequently, we encourage all Users to review this Agreement frequently to ensure your continued understanding, knowledge, acceptance, and compliance with them.
4. User has read, understands and agrees to all Legal Disclaimers on this SparkEducation.com web site.
5. Any user who does not accept or and agree to abide by all of the Terms of Service as listed herein does not have the legal right to use this SparkEducation.com web site.
6. User Identification and Verification
SparkEducation.com does not have the resources to confirm and verify the identity of every User of this web site. We can only confirm and verify that you are an authorized user based on your login information being accurate.
7. Appropriate and Permitted Use of this SparkEducation.com Website
Users may not, under any circumstances, use thisSparkEducation.comwebsite to contribute, post or transmit any material of an infringing, threatening, abusive, hateful, harassing, libelous, inflammatory, obscene, indecent, pornographic, profane nature that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law.
8. Payments and Payment Processing
A. SparkEducation does not accept payment for products. SparkEducation allows the user to organize items they wish to purchase from other vendors. All offers saved within SparkEducation must be purchased through the website that offers the respective deal.
B. This site is not responsible for payment transactions, processing or any communications between you as a user and the actual website you purchase products from. User agrees to indemnify SparkEducation from any issue that may arise from purchasing products found through SparkEducation.
9. Indemnification and Hold Harmless
A. User agrees to indemnify and hold harmless SparkEducation.com, its officers, directors, employees, agents, affiliates and representatives from and against any claim, cause of action or demand, including but not limited to reasonable legal, accounting and other professional fees that may result from your use of our website services or your breach of these Terms of Service.
B. SparkEducation.comwill notify users of any such claim, suit or proceeding in a timely manner.
C. Useracknowledges and agrees to SparkEducation.com’s terms and conditions. User agrees that, should any dispute with a third party result from or arise in connection with any use of this web site, User will indemnify and hold harmlessSparkEducation.com its employee, representatives, agents or others acting on its behalf, from any liability resulting from any legal action, claim or dispute arising from our in connection with User’s use of SparkEducation.com’s services under this Agreement.
10. Corporate Liability Limitations
A. User understands and acknowledges that we have no control over the quality, safety or legality of the content or information submitted by users on this SparkEducation.com web site. Because it is not feasible to authenticate users on the Internet; SparkEducation.com cannot and does not verify or confirm that each user is, in fact, who he or she purports to be. (see also #6, Verification and Certification, herein)
B User agrees to release SparkEducation.com, its agents, employees and affiliates from any or all claims, demands and damages – actual and consequential, direct and indirect, express and implied – of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, any disputes between or among users of this SparkEducation.com web site and services..
C. SparkEducation.com shall not be responsible for any inaccuracies or typographical errors, and does not make any representation about the accuracy, reliability, completeness or timeliness of either our website or the material contained on it.
D. SparkEducation.com expects and assumes that userswill exercise caution and demonstrate common sense when using this SparkEducation.com website.
E. Anyone using this SparkEducation.com website and its content does so at his or her own risk. The useris solely responsible for the content submitted on any and all forms or documents available to user on theSparkEducation.com website.
F. Although wemake every effort to provide timely and accurate information, the law is constantly changing. Users of this SparkEducation.com web site aresolely responsible for the accuracy and correctness of all information they provide.
11. Limited Liability
User understands and agrees that SparkEducation.com, its officers, employees, agents, partners, and others acting on its behalf, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SparkEducation.com has been advised of the possibility of such damage(s), resulting from: (a) the use or inability to use this web site; (b) unauthorized access to or alteration of your transmissions or data; (c) any statements or conduct made by any third party; or (d) any other matter relating to this SparkEducation.com web site.
12. Liability Disclaimer – Computer Software and Internet Communications
A. User agrees that SparkEducation.com shall not be held responsible for late, lost, incomplete, illegible, misdirected or stolen email, unavailable network connections (cable or phone modem), failed, incomplete, garbled or delayed data transmissions, online failures, hardware, software or other technical malfunctions, disruptions or disturbances or any other communications failures or circumstances that may affect, disrupt or corrupt communications.
B. SparkEducation.com assumes no responsibility, and shall not be held liable for, any damages to, or viral infection of, your computer system, network or other property on account of your access to, browsing of or use of our website or the downloading of any materials, data, text, graphics, or other material. Any material that you download or otherwise obtain through our service or web site is done at your own risk and discretion. User is solely responsible for any damage to user’s computer system or any loss of data that may result from the downloading of such material.
C. Under no circumstances, willSparkEducation.com be liable for any injury, loss, claim, damage or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits, savings, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability or otherwise, which may arise out of or in any way whatsoever connected to the use of or access to our website content or services, any failure, delay or inability to use our service, cost of procurement of substitute services, unauthorized access to/alteration of your transmissions or data, statements or conduct of any third party on the service, whether or not we are advised of the possibility of such damages by you or another party.
D. User understands and agrees thatSparkEducation.com entire liability, and user’s exclusive remedy with respect to any services rendered by SparkEducation.com or SparkEducation.com under these Terms of Service and any breach of these Terms of Service, is solely limited to the total amount paid to SparkEducation.com for purchase of the SparkEducation.com publication.
13. Breach, Revocation and Right of Refusal
A. Failure to abide by any of the Terms of this Agreement may be considered as a material breach of contract. In such case, wereserve the right to immediately terminate or deny User the right to use our services.
B. SparkEducation.com reserves the right to cancel, deny or refuse service at our sole option and discretion in the event that you have supplied us with information that we find to be false, misleading or that conceals or omits any details that could influence the service we provide.
C. User understands and agrees that SparkEducation.com shall not be held liable for any losses or damages that may result from our refusal to provide you our services.
D.SparkEducation.com mayact, at its sole discretion, with respect to user-submitted information that we deem necessary or appropriate if we believe it may result in potential liability for us or that it may cause us to lose, in whole or in part, the services of SparkEducation.com’s Internet Service Provider (ISP) or other suppliers.
14. Changes, Revisions and Modifications
SparkEducation.com reserves theright to revise these Terms of Service and change the services provided under this Agreement. User acknowledges that any such revision or change will be binding and will take effect immediately upon posting. User understands that, by continuing to use our services following such notice. User must abide by those revisions and changes.
15. Privacy of User Information
16. Web Site Security and Security of User Information
A. Data Security
1. SparkEducation.com takes appropriate and necessary measures to protect all data that contains information related to you.
2. User hereby waives all claims of any nature against SparkEducation.com or SparkEducation.com concerning the loss, alteration, or misuse of any such data or information.
B.Although we take every effort to ensure safe use of this web site, we recommend that you install a firewall and antivirus program on your computer.
In order to maximize your surfing experience, User/Member agrees to follow these instructions regarding cookies:
1. Set your firewall and A/V security to accept all cookies from SparkEducation.com.
D. SparkEducation.com, through this SparkEducation.com web site, provides all Users with a secure environment for use of our services. This SparkEducation.com website is hosted on a secure server to ensure that all transactions are secure.
E. Anti-Spam Policy
1. SparkEducation.com does not tolerate spam in any form.
2. By providing information to this SparkEducation.com website that forms the basis of our communication with you, such as your email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us or other marketing organizations.
3. User understands and agrees that we consider any spamming by User to be a breach of these Terms of Service, and will result in User’s account being frozen by SparkEducation.com
4. Any User who receives SPAM from another SparkEducation.com user or customer should report this to SparkEducation.com immediately.
If it is proven that any User or client engages in spam activity then SparkEducation.com will hold that User or client’s account, notify them of the problem immediately, and enforce our anti-spam policy to the full extent as provided by law.
F. Anti-Phishing Policy
1. E-mail "spoofing" or "phishing" allows hackers to send messages to people with information that looks like it came from the official company, such as SparkEducation.com or SparkEducation.com.
2. User understands and agrees that it is possible for your personal data to be obtained by others, as "hackers," and "phishing" used in an inappropriate manner that may cause you harm.
3. Such practices are illegal and SparkEducation.com will enforce and prosecute identified offenders to the full extent provided by law.
4. SparkEducation.com, its employees, or representatives acting on its behalf will never request your password, name, address, or other such information.
5. User shall be solely responsible for any damages you may incur as a result of such "hacking" or "phishing".
G. Users are prohibited from engaging in any activity that violates or attempts to violate the security of this SparkEducation.com website, including (but not limited to): accessing data not intended for your use; logging into servers or accounts for whose use you are not authorized; trying to probe, test or scan the system or network’s vulnerability or to breach security measures or authentication procedures without authorization; attempting to interfere with service to any user, host or network, submitting a virus, worm, or any other software, overloading the system, "crashing" or "spamming"; sending unsolicited email, including promotions/ advertisements of products or services; falsifying any TCP/IP packet header or any part of the header information in any email or newsgroup posting or impersonating someone else.
H. Users are further prohibited from using any software, device, search engine or other action that may interfere with the proper functioning of this website or any business activity being conducted on it.
I. Navigating or searching this website by any means other than the navigation tools provided on ourSparkEducation.com web site or by such reputable third-party web browsers is prohibited.
J. Any attempt to decipher, decompile, reverse engineer or otherwise interfere with any of the software is prohibited.
K. Any security violations of our computer and internet system or network may result in civil or criminal prosecution. SparkEducation.comwill investigate and/or report any and all such occurrences to the proper law enforcement authorities and cooperate fully with them in prosecuting users who perpetrate or participate in such violations. Anyone engaging in such prohibited activity shall be held responsible and liable for any and all damages that may result from such prohibited activity to SparkEducation.com and any of its employees, agents or representatives; any other users of this SparkEducation.com web site or other parties that may be adversely affected by such prohibited activity.
SparkEducation.com reserves the right, at its sole discretion, to pursue all available legal remedies if any User is found to be in breach of these Terms of Service.
In the event that any provision of these Terms of Service is determined to be unenforceable, invalid, unlawful or void, by any court having competent jurisdiction, then said provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
19. Disputes and Dispute Resolution
B. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Hearings will take place in Saint George, Utah.
C. The arbitrator's decision will be final and binding with limited rights of appeal.
D. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
20. Governing Law and Consent to Jurisdiction
This Agreement and its performance are governed by the laws of the State of Utah. User hereby consents and submits to the exclusive jurisdiction of the Courts located in the State of Utah to resolve all disputes that may arise out of or are related to the use of SparkEducation.com under this Agreement. User agrees that the applicable law to be applied shall, in all cases, be that of the state of Utah.
21. Entire Agreement
These Terms of Service constitute the entire agreement between User andSparkEducation.com with respect to your use of this www.SparkEducation.com web site.