Terms of Use — SPARC Group

Sparcgroup.com and its respective mobile application (collectively, the "Web Site") is operated by SPARC Group LLC on behalf of itself and its affiliates (collectively, “SPARC Group”, “we” or “us”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE WEB SITE.

USERS OF THIS WEB SITE

These Terms of Use govern your use of the Web Site. Users of all ages are welcome to browse the Web Site under the terms set forth herein.

ACCURACY OF INFORMATION

We attempt to ensure that information on the Web Site is complete, accurate and current. Despite our efforts, information on the Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Web Site, or that use of Web Site Material (defined below) will not infringe rights of third parties. Notwithstanding anything contained herein to the contrary, you acknowledge that SPARC Group has not made, and is not making, any representation or warranty to you under these Terms of Use.

WEB SITE FEATURES AND CONTENT

All Web Site features and content (including specifications, products or services described or depicted on the Web Site) are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any product or service on the Web Site at a particular time does not imply or warrant that the product or service will be available at any time.

From time to time, the Web Site may contain links to web sites that are not owned, operated or controlled by SPARC Group. All such links are provided solely as a convenience to you. If you use these links, you will leave the Web Site. We are not responsible for any content, materials or other information located on or accessible from any other web site, nor do we endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from any other web site, or the results that you may obtain from using any other web site. If you decide to access any other web site linked to or from the Web Site, you do so entirely at your own risk.

USE OF MATERIAL ON THE WEB SITE

We have created this Web Site to provide information about our company, brands and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of products displayed on the Web Site are representative of the color, design and style, etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, SPARC Group cannot be held liable for any apparent differences in the product images represented on the Web Site and the original products. We strongly advise you visit one of our stores or authorized retailers prior to making a purchase online or by phone.

You may download one computer copy or print one copy of the material made available to you via the Web Site, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as appropriate copyright © and trademark™ notices, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Web Site (such as images, photographs, including, without limitation, any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) (collectively, "Web Site Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions, national and local laws worldwide. In no event shall title or other ownership rights in and to any Web Site Material be transferred to you by function of any limited license that may be granted hereunder.

You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on, use or otherwise exploit any Web Site Material in any way for any public or commercial purposes. Furthermore, Web Site Material may not be displayed or communicated on any other web site, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use Web Site Material (solely as set forth herein) will automatically terminate and any copies made of Web Site Material must be immediately destroyed. Any unauthorized use of Web Site Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

TRADEMARK NOTICE

In general, all trademarks, trade dress, logos and service marks (collectively the "Trademarks") that appear on the Web Site are registered, unregistered or otherwise protected SPARC Group trademarks or are licensed for use by SPARC Group by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Web Site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.

All content (including, without limitation, Web Site Materials) on the Web Site are either Copyright © SPARC Group or are licensed for use by SPARC Group. All rights are reserved. Please refer to the section above on Use of Materials on the Web Site.

USER INFORMATION

Other than personally identifiable information, which is subject to the Web Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you voluntarily transmit, post or submit to the Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. By a User Communication to SPARC Group, you automatically grant SPARC Group a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and transferable, divisible license to use, reproduce, modify, publish, post, re-post or tag, edit, translate, distribute, perform, and display the User Communication alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone, for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

DISCLAIMERS

YOUR USE OF THE WEB SITE IS AT YOUR RISK. THE INFORMATION, WEB SITE MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SPARC GROUP DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WEB SITE MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEB SITE. THE INFORMATION, WEB SITE MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND SPARC GROUP DOES NOT MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, WEB SITE MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless from and against any and all claims made by, and any and all damages and judgments (including reasonable attorneys’ fees) awarded to, any third party due to or resulting from: (1) your misuse of the Web Site or any of its contents (including, but not limited to, Web Site Materials); (2) your violation of these Terms of Use or any applicable law; or (3) your breach of any of your representations and warranties set forth herein.

LIMITATIONS OF LIABILITY

SPARC Group does not assume any responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Web Site, or your downloading of any information or Web Site Material from the Web Site. IN NO EVENT WILL SPARC GROUP OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITE, ANY WEB SITES LINKED TO THE WEB SITE, OR THE WEB SITE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEB SITE.

REVISIONS TO THESE TERMS OF USE

We reserve the right to modify these Terms of Use at any time. If we modify these Terms of Use, we will post the revised Terms of Use on the Web Site and note the date the Terms of Use was last updated. We also may highlight the link to the Terms of Use, post a notice on the Web Site or send an email describing the changes. Your continued use of the Web Site following any revisions to these Terms of Use signifies your agreement to be bound by the revised Terms of Use. You should visit this page from time to time to review the then current Terms of Use.

ADDITIONAL TERMS

Additional terms may apply in connection with certain features of the Web Site (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms will be made available to you, for example: (i) where you are permitted to submit materials, enter a promotion, access or use particular features, or purchase specific products and services, or (ii) in a link adjacent to where you are permitted to submit materials, enter a promotion, access or use particular features, or purchase specific products and services. Unless otherwise stated, those additional terms are incorporated into and made a part of these Terms of Use by reference. In the event those additional terms conflict with these Terms of Use, the additional terms shall control solely with respect to the subject matter to which those additional terms apply.

CHOICE OF LAW; JURISDICTION

These Terms of Use supersede any other agreement between you and SPARC Group to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Use will be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Site must be brought only in the courts of the state of New York or the United States District Court for the Southern District of New York. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

MANDATORY ARBITRATION OF DISPUTES

These Terms of Use provide that all disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of USE contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms of Use, including with respect to the interpretation of any provision of these Terms of Use or concerning the performance or obligations of SPARC Group or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either SPARC Group or you pursuant to the following conditions:

Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at the JAMS facility in your area.
Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
The arbitration shall be conducted by a single arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Use, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. SPARC Group will be responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures. Except where prohibited by law, the prevailing party shall be entitled to an award of reasonable attorney fees.
The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. Either party also may, without waiving any remedy under these Terms of Use, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). Both parties agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree that any arbitration or other proceedings by or between you and SPARC Group will be conducted on an individual basis and not in any class action, consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms of Use specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, both parties agree to waive any right to a jury trial.

TERMINATION

You or we may suspend or terminate your use of the Web Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.

If you have any questions or comments about these Terms of Use, we invite you to contact us by email at legal@sparcgroup.com or by phone at 877-289-2376.

Last Updated March 19, 2021