Terms of Service
The Sparo Corporation, a Nevada corporation (sometimes referred to as “Sparo”, “we” or “us”) has developed Internet-based systems that run on proprietary software, and may in some instances use third party software. Sparo’s systems are hosted and served on this Sparo site on the World Wide Web (the “Site”). This Site contains the proprietary information and materials of Sparo, as well as functionality and content that may be licensed from third parties.
This Site allows users (sometimes referred to as “User” or “you”) to direct a portion of the purchase price of goods bought or sold towards various charities in the form of a donation.
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Service Agreement (“Agreement”) with respect to our Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are the property of Sparo and are protected pursuant to applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights laws. You are licensed to use our content only as specifically set forth herein. You do not acquire ownership rights to any content, document or other materials viewed, created or downloaded through the Site. Our posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
- Trademarks. Sparo marks include, but are not limited to sparo.com and “Purchase With a Purpose”. The Site may also contain marks and trade names of third parties.
- Grant to User. Subject to each term of this Agreement, we grant you a non-exclusive, non- transferable, right and license to access the Site content. Upon completion of all registration information and acceptance of this Agreement, Users will receive a password and an account identifier. Your right to use the Site is not transferable. Any password, account number or right given to a User to obtain information or documents is not transferable. Users are fully responsible for maintaining the confidentiality of their passwords and account identifier. Users shall all times be responsible and liable for any transactions or activities that occur on their accounts, whether or not authorized by User or us. Each User shall immediately notify us of any unauthorized use of his or her account or of any other breach of security.
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any document, information, or content appearing on, or created through, the Site or hosted by us.
- Privacy and Confidentiality of Information. We will not, without the User’s prior written consent (the “disclosing party”), disclose, and shall keep confidential, any data inputted by the User (the “Information”), except for disclosure as required by law or legal service, and to persons who need to know such Information in connection with this Agreement and who have been informed of the terms and conditions of this Agreement as to the confidential nature and treatment of the Information and have agreed to comply herewith.
- Indemnification. You agree to release, indemnify, defend and hold us and our partners, attorneys, employees, agents, and affiliates (collectively, “Affiliated Parties”) harmless from and against any liability, loss, claim, damage and expense, including reasonable attorneys’ fees, arising directly or indirectly from your use of the Site or any violation of this Agreement.
- Disclaimer and Limits. THE INFORMATION AND SERVICES FROM OR THROUGH THE SITE, INCLUDING OUR HOSTING AND TRANSMITTING DATA, IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES, INCLUDING OUR HOSTING AND TRANSMITTING DATA, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE DO NOT WARRANT OR GUARANTEE THE SECURITY OF THE DATA WE RECEIVE, HOST AND TRANSMIT TO USER. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY COMPUTER VIRUSES IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
- Third-Party Services. The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED OR IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON ANY SITES LINKED TO OUR SITE.
- Conduct. Users shall abide by all applicable local, state, national and international laws and regulations and be solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through or related to this Site. We may have no control over the content of transmissions to the Site or relating to the Site and will not be liable for content over which we have no control. You shall not use the Site to distribute any images, sounds, messages or other materials that are obscene, harassing, racist, malicious, fraudulent or libelous, and will not use the Site for any activity that may be considered unethical, immoral, or illegal. You will abide by all rules, regulations, procedures and policies of Sparo and any policies of the networks connected to the Site.By way of example, and not as a limitation, in connection with the Site or services provided by or through us, you will not, directly or indirectly:
- Transmit chain letters, junk email, junk voicemail, junk faxes, spamming or any duplicative or unsolicited messages;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Use a false identity or forged email address or header, or otherwise attempt to mislead others as to your identity or the origin of your messages;
- Transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
- Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
- Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Interfere with or disrupt networks or websites connected to the Site or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Site, Site servers, other accounts, computer systems or networks connected to the Site, through password mining or any other means;
- Interfere with another person’s use and enjoyment of the Site or use and enjoyment of similar services; or
- Collect credit card information or other form of online payments.
- User Responsibility. Except as expressly authorized in this Agreement, you shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify or timeshare the Site or the Site content or any portion thereof, or use such as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution, or prepare any derivative work based on the Site or the Site content.
- Cancellation and Termination. Sparo reserves the right to suspend or terminate your account for any reason at any time WITHOUT WARNING OR PRIOR NOTICE. Sparo reserves the right to refuse service to anyone for any reason at any time.
- Miscellaneous. This Agreement shall be treated as though it were executed and performed in Nevada, and shall be governed by and construed in accordance with the laws of the State of Nevada (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 (Disclaimer and Limits) and Section 10 (Third- Party Services). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Nevada. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.