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Terms and ConditionsTERMS AND CONDITIONS



Terms and Conditions

User Agreement

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.

Terms of Use

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.

User Accounts

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.

  1. You warrant that you have provided complete, accurate and current information when registering as a user.
  2. You must maintain and update your information held by us to ensure it is current at all times.
  3. You must not register more than one account. You must not register as a user under multiple identities or personas (whether false or not).
  4. You may only register as a user if you can form a legally binding contract that is enforceable against you. By registering as a user, you warrant that you can form a legally binding contract.
  5. You are responsible for keeping your login information, including your email address and password secret and secure.

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.

Use of Services

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.

Disclaimers/No Warranty

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

Third Party Transactions

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.

Changes to Services

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.

Access to the Services

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.

Content in the Services

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:

  1. is unlawful, harassing, defamatory, abusive, hateful, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
  2. attacks the character or damages the reputation of other users, name-calls, insults, ridicules, mocks, electronically stalks or otherwise harasses another individual;
  3. contains material or language that is profane, pornographic, sexually graphic, ethnically offensive, "off color," political, or propaganda;
  4. infringes or violates any party's rights, including, without limitation, using third-party copyrighted materials or the names or likenesses of others without appropriate permission and attribution, using third-party trademarks without appropriate permission or attribution or in a way that is likely or intended to cause confusion, or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
  5. discloses or references any personally identifiable information belonging to you or a third party or solicits personal information from any third party;
  6. depicts or describes any activities that would violate the personal privacy rights of others, including, without limitation, collecting and distributing information about others without their permission;
  7. impersonates any person or entity; falsely states or otherwise misrepresents an affiliation with any person or entity; intentionally omits, deletes, forges, or misrepresents transmission information, including, without limitation, headers, return mailing, and Internet protocol addresses; or otherwise manipulates identifiers to disguise the origin of any Content transmitted to the Services;
  8. contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
  9. interferes with, disrupts, or harms in any way the Service or any servers or networks connected to the Services;
  10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  11. uses the Services for any illegal purpose, or violates any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
  12. we otherwise determine to be inappropriate for the Services or inconsistent with our image and reputation.

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.

Termination of Access

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.

Intellectual Property

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.

Grant of Rights

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.

Indemnity

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).

Term

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.

Links to Third Party Sites

The Services may provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and terms of use policies of each third party's website that you access.

Rules for Drawings and Sweepstakes

  1. By participating in the Sparc program (the "program"), you agree to participate in accordance with the official rules stated below, as established by Sparc, LLC. ("Sparc").
  2. Sponsor: Sparc, LLC, 1278 Glenneyre, Suite 271, Laguna Beach, CA 92651.
  3. How to Register: Participants may register for the program online at the Sparc website located at www.sparcretail.com or through participating vendor's and partner's sites by completing the registration form. A Store ID number will be required for authentication.
  4. Your Account and Password: You are solely responsible for maintaining the confidentiality of your Account and Password and will be held responsible for all activities that occur on your account. You agree to notify Sparc of any unauthorized use of your Account.
  5. How to Enter: Use the information on the Sparc website to answer the questions on the related quiz. Indicate the correct answers on the quiz and click the "Submit Quiz" button to enter. Participants may take a quiz as many times as necessary until all answers are correct; however, only one (1) correctly answered submission per quiz will be eligible for the applicable prize drawing ("eligible entry"). No purchase necessary. All entries become the property of Sponsor.
  6. Who May Enter: Open to U.S. residents ages 18 and over who are currently employed in a sales function with a Sparc authorized retailer (as listed on Store Name pull-down menu on Register Page). Employees of Sparc, its affiliates, subsidiaries, advertising and promotions agencies, and immediate families of each are not eligible.
  7. Deadline: All completed quizzes must be entered by 12:00 p.m. (noon) Pacific Standard Time on the last day of a calendar month to be eligible for daily and monthly drawings. To qualify for the Sponsor's seasonal Grand Prize Drawings, completed quizzes must be entered by 12:00 p.m. (noon) Pacific Standard Time of the month ending for the applicable period. Sparc is not responsible for late, misdirected, damaged or undelivered electronic submissions.
  8. Winning: Winners of prizes will be selected in a random drawing from completed and correct quizzes submitted. Each participant will receive a maximum of one (1) entry into the prize drawing per correctly submitted applicable quiz. The manufacturer's prizes ("the monthly prize") will be awarded each calendar month. Winners for a manufacturer's prize will be selected each calendar month in a random drawing from eligible entries for each manufacturer's quiz in the applicable one month period. Each participant will receive a maximum of one (1) entry into the prize drawing per correctly submitted applicable quiz. The Grand Prizes ("the seasonal prizes") will be awarded periodically. Winners for the seasonal prizes will be selected each applicable period in a random drawing from eligible entries in the applicable period. Each participant will receive a maximum of one (1) entry into the prize drawing per correctly submitted applicable quiz. All decisions of judges are final. All prizes claimed will be awarded. Value of each prize awarded is not dependent on the number of entries received. Taxes are the responsibility of the winner. Only participants who register with a valid street address are eligible to win prizes. Winners who register using a P.O. Box will not be awarded the prize.
  9. Odds of Winning: Odds of winning each prize offered depends on the number of eligible entries received.
  10. Claiming Prizes: Winners will be notified within 10 days of the drawing. Winners must claim their prizes by returning required documentation, which may include a signed affidavit of eligibility, waiver of liability and publicity release, within 7 days after notification of prize, or prize is forfeited. Sponsor reserves the right to award a prize of equal or greater value, or cash equivalent, if advertised prize is unavailable. Blackout periods and travel restrictions may apply to trips awarded and travel companion of winner may be required to execute a liability release. By participating in the drawing for prizes, winners consent to the use of their name and likeness for advertising and promotional purposes without further compensation (except TN residents).
  11. Winners List: To receive a list of winners, send a stamped self-addressed envelope to Sponsor's address.
  12. Fraudulent submissions of multiple claims can result in disqualification. Entries void if mechanically reproduced, forged or obtained outside authorized channels.
  13. Sparc makes no warranty, expressed or implied, with respect to the accuracy of any information supplied by manufacturers, including pricing, product editorials, marketing programs and special offers presented by manufacturers on the Sparc website.
  14. Sparc is not responsible for the delivery of manufacturer's monthly and seasonal prizes. Participants acknowledge that suppliers of prizes are liable for all costs and required notices relating to the prizes to be given to winners, including, but not limited to, purchaser/acquisition costs, applicable taxes, delivery charges and 1099 Tax Notification to winners. Please allow 6-8 weeks for delivery of prizes.
  15. Participants acknowledge that Sponsor is not liable for prizes, and hereby releases Sponsor from any and all liability, loss, or damage arising from prizes received by participants, including, but not limited to, claims for products liability, personal injury, breach of contract, and negligence.
  16. Participant agrees that should legal proceedings be commenced as a result of his/her participation in the program, with sponsor being a party to such proceedings, all proceedings will be held in Los Angeles County, California, and all court proceedings (including any proceeding to enforce a judgment in arbitration) will be subject to the exclusive jurisdiction and venue of the federal and state courts located within the Districts of Los Angeles County, California. Any disputes arising from participation in the program shall be governed by and construed in accordance with the laws of the State of California.
  17. The Program's official rules are subject to change at anytime without notice by Sparc, and are subject to the independent interpretation of Sparc.

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.

DISCLAIMER OF WARRANTIES AND LIABILITIES

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.


Shimano Forum Terms of Use

FORUM TERMS OF USE

The SHIMANO® T.E.C. Forum (the “S-TEC Forum” or “Forum”) is provided or controlled by Shimano Inc. and Shimano American Corporation (collectively referred to herein as “Shimano”). Your access to, and use of, the Forum is subject to the following Terms of Use (“Terms”) and all applicable laws and regulations. By accessing or using the Forum, you agree to be bound by these Terms including our Privacy Policy. These Terms affect your legal rights and obligations. If you do not agree to these Terms, do not access or use the Forum.

Account

To access and use the Forum, you must register and create an account. By creating the account, you agree that you have read and accept the Terms in its entirety, including the Privacy Policy. By creating an account, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted during the registration and account creation process. Should any of your own information change after submitting it, you are required to update that information as soon as possible. Should Shimano suspect that your personal information is not complete, current and/or accurate, your account may be suspended or terminated without further notice. Shimano may refuse to grant you, and you may not use, a user name or e-mail address that is already being used by someone else, that may be construed as impersonating another person, that belongs to another person, that personally identifies you, that violates intellectual property or other rights of any person or organization, that violates the Rules of Conduct described herein, or that we reject for any other reason in our sole discretion. Your user name and password are for your personal use only. You are responsible for maintaining the confidentiality of your password and account, and must not transfer your password or user name, or lend or otherwise transfer your use of or access to the Forum, to any third party. You are responsible for all interaction with the Forum that occurs in connection with your password or account. You must immediately notify us of any unauthorized use of your password or account or any other breach of security related to your account or the Forum. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. Users under the age of 18 are not permitted to register with the Forum. By registering with the Forum, you affirm that you are at least 18 years of age. Do not register or create an account with the Forum if you are under 18 years of age.

Contributed Content

By posting, contributing or otherwise providing content on the Forum, you are granting Shimano a non‑exclusive, royalty-free, license to use the content without limitation in any medium, worldwide, in perpetuity, for any purpose including license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the content, and/or to incorporate it into a collective work, and the right to sublicense any or all of Shimano’s license rights to others. For information regarding use of information you may submit to the Forum, please see our Privacy Policy.

Rules of Conduct

When you access or use the Forum, you are required to and consent to abide by the S-TEC Rules of Conduct, which are accessible by clicking on the following link:

RULES OF CONDUCT

You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify Shimano of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Forum. By posting any content, you represent and warrant that such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or constitute breach of any agreement with any person or entity. You further represent and warrant that you will not post any content nor engage in any activity on the Forum that (i) is defamatory, libelous, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (iii) is bigoted, hateful, or racially or otherwise offensive; (iv) is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity; (v) is commercial, business-related or advertises or offers to sell any products, services or otherwise, whether or not for profit, or solicits others, including solicitations for contributions or donations; or (vi) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Forum or any connected network.

Intellectual Property

SHIMANO, SHIMANO T.E.C., S-TEC, S-TEC.SHIMANO.COM, the SHIMANO T.E.C. logo, and all other trademarks, service marks, graphics and logos used on and in connection with the Forum are trademarks or registered trademarks of Shimano. Other trademarks, service marks, graphics and logos used in connection with the Forum may be the trademarks of other third parties. This Agreement does not transfer any intellectual property to you, and all right, title and interest in and to such property will remain with the owner. Your use of the Forum grants you no right or license to reproduce or otherwise use any of such trademarks.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Shimano will respond expeditiously to claims of copyright infringement. Upon receipt of proper notification of claimed infringement, Shimano will follow the procedures outlined in the DMCA by removing or disabling access to allegedly infringing material on the Forum. In appropriate circumstances and at its discretion, Shimano may terminate or disable access to accounts of repeated infringers. Some content displayed on the Forum may be hosted on a third-party web site. Shimano may, at its discretion, disable a link or embedded code to such content, but Shimano does not control such third-party web sites. If the content is hosted on a third-party web site, you should contact the registrant of that web site. If you are a copyright owner, or are authorized to act on behalf of the owner one, please report alleged copyright infringement on the Forum by providing written notification of infringement, preferably by email, to our Designated Copyright Agent at the following address:

Shimano Legal Department 1 Holland Drive, Irvine, CA 92618 Telephone +1 949 951 5003 Email: dmca AT shimano DOT com

As outlined in the DMCA, effective notification of infringement should include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages, including costs and attorneys’ fees, if you materially misrepresent that material is infringing your copyrights, or was removed or disabled by mistake or misidentification. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

If we remove or disable access to material you submit to the Forum in response to notification of infringement, we will make a good-faith attempt to contact you so that you may make a counter notification in accordance with the DMCA. We may also document notices of alleged infringement on which we act. To provide effective counter notification, please provide to the Designated Copyright Agent, listed above, a written communication, preferably by email, including the following:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. Your name, address, and telephone number;
  3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
  4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
  5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  6. Your signature, in physical or electronic form.

Upon receipt of such counter notification, Shimano will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Shimano will replace the removed material or cease disabling access to it in accordance with the DMCA, unless our Designated Copyright Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Third Party Links

The Forum may contain links to third-party content, such as web sites, created and maintained by other public and/or private organizations and individuals. Shimano does not endorse or assume any responsibility for links to third-party content, including, but not limited to, web sites and other services, that are not owned or controlled by Shimano. If you access any third-party content, you do so at your own risk and you agree that Shimano will have no liability arising from your use of or access to such third-party content.

Termination of Service

Shimano reserves the right to modify, restrict or terminate the Forum or your access to the Forum, and to delete any content posted through it, for any reason, without notice, at any time. You may deactivate your account at any time. Upon termination or deactivation of your account, you will no longer be able to access content posted through your account, but the content may still appear within the Forum where it may be viewed by others. Upon termination, you continue to be bound by provisions these Terms.

Indemnity

You agree to defend, indemnify and hold Shimano, and its affiliates, officers, directors, employees, agents, successors and assigns, harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party arising out of (i) any content posted by you on the Forum, (ii) your violation of the intellectual property rights of others, or (iii) your violation of these Terms.

Disclaimers

Shimano makes no warranty, expressed or implied, nor assumes any legal liability or responsibility for the accuracy of any content posted on the Forum. References to specific products and/or services by trade name, trademark, manufacturer, or otherwise does not constitute or imply our endorsement or recommendation of such products and services. All views and opinions of posted on the Forum are the account holder’s own and do not state or reflect those of Shimano. Any advice or information provided on the S-TEC Forum or the S-TEC community or account holders may or may not comply with Shimano’s officially recommended procedures. Consult Shimano dealer manuals found on si.shimano.com and techdocs.shimano.com.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shimano without restriction or limitations.

Privacy Policy

Shimano, Inc. is committed to protecting your privacy when you visit our Forum. This Privacy Policy serves to inform you about the information we gather and use when you visit the Forum, and how we handle this information. This Privacy Policy does not cover the practices of companies that we do not own or control, or the actions of people that Shimano does not employ or manage.

Shimano does collect personal information from you when you register and create an account, or register to enter a content or survey. When you register with the Forum, we ask for registration information such as email address, first name, last name, user name and password. The registration information is stored in a database. We will only collect your personal information if you choose to share it with us. If you enter a contest or survey, we may also ask you for some demographic information such as your age or income level.

Shimano will not sell, trade or lease your personal information to others. We may compile and provide aggregate statistics about our visitors, customers, sales, traffic patterns, and related site information to third parties, but these statistics will not include any personally identifying information. Shimano may release account information when we have a good faith belief that such information is reasonably necessary to comply with the law, enforce the terms of any of our user agreements, or protect the rights, property and safety of Shimano, the users of its site, or others.

Please note that Shimano may revise this Privacy Policy at any time by changing this posting. Such revisions may arise in response to changes in the law, policy or other factors. We encourage you to periodically visit this page to review our most current policy.

General

You agree that: (i) the Forum shall be deemed solely based in California; and (ii) the Forum shall be deemed a passive web site that does not give rise to personal jurisdiction over Shimano, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Shimano that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Shimano in connection with the Forum, shall constitute the entire agreement between you and Shimano. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Shimano’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Shimano reserves the right to change, at any time, at its sole discretion, the Terms under which the Forum is offered. You are responsible for regularly reviewing the Terms. Your continued use of the Forum constitutes your agreement to any revised or amended terms.

Revised 3/10/15

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