Terms of Use
Last Updated: 03/11/26
PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING THE SITE OR THE PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THESE USER TERMS, PLEASE DO NOT ACCESS THIS SITE, USE THE PLATFORM, OR INDICATE ACCEPTANCE OF THESE TERMS.
SPARC (collectively, “SPARC,” “we,” “us” or “our”) provides a variety of services and features directed to athletes and coaches through our online and mobile fitness support and training offerings the (“Services”) made available through our website https://www.sparc-sports.com/ and related mobile application (collectively the “Platform”). These Platform Terms of Use (the “Terms”) govern your (collectively, “Users,” “you” or your”) access to and use of the Platform. SPARC and.
1. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU AND SPARC CAN SEEK RELIEF FROM EACH OTHER AND REQUIRES ALL DISPUTES TO BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.
a. Governing Law and Venue
These Terms, and all matters relating to the Platform, and any disputes and claims arising therefrom or related thereto between you and SPARC (in each case, including non-contractual disputes or claims) will be governed by Delaware law, without regard to its principles of conflicts of law that might require the application of the laws of another jurisdiction. You and SPARC agree to the exclusive jurisdiction of the federal and state courts located in Wilmington, Delaware, and you and SPARC agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable Dispute.
b. Definition of “Disputes”
“Disputes” are any disputes, claims, actions, and other controversies between you and SPARC or between you and the affiliates or agents of SPARC that, in either case, arise out of or relate to these Terms, the Platform, or any other products or services related thereto, whether based in contract, tort, warranty, fraud, misrepresentation, statute, regulation, or another legal or equitable basis.
c. Informal Dispute Resolution Prior to Litigation
If you have a Dispute with SPARC or if SPARC has a Dispute with you, you or SPARC must first attempt to resolve the Dispute through informal negotiation for a period of sixty (60) days, or such longer period as mutually agreed in writing (email suffices) by the parties (“InformalResolution Period”) from the day either party receives a written notice of a Dispute from the other party (a “Claimant Notice”) in accordance with these Terms. The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing fee deadlines for a Dispute will be tolled for the duration of the Informal Resolution Period for that Dispute so that the parties can engage in this informal dispute-resolution process.
A valid Claimant Notice must be in writing and include all of the following: (i) the name, address and email address of the party giving notice, (ii) a description of the nature and facts of the Dispute, (iii) the relief requested, including the damages sought, if any, and a detailed calculation of them, (iv) an acknowledgement that the Dispute is subject to these Terms, and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the notice. A Claimant Notice must be individualized, meaning it can only concern yours or SPARC’s Dispute and no other person’s or entity’s Dispute.
You will send any Claimant Notice to SPARC at the following address:
SPARC
Re: Notice of Dispute
[INSERT ADDRESS]
SPARC Tennis Inc.
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808
with a copy by email to sergiucelebidachi@sparctennis.com, with the subject heading: “Notice of Dispute.” We will send any Claimant Notice to you at the contact information we have for you.
If a party receives a Claimant Notice, the receiving party will acknowledge receipt of theClaimant Notice and make a good faith effort during the Informal Resolution Period to either resolve the Dispute or explain why the claimant is not entitled to relief. Neither you nor SPARC may commence any court action or other legal proceeding regarding a Dispute before the end of the Informal Resolution Period. If you or SPARC file a court action or other legal proceeding regarding a Dispute without complying with the requirements in this Section 6, including waiting until the conclusion of the Informal Resolution Period, the other party may (x) seek relief from a court to enjoin the filing until the requirements in this Section are fully met and (y) seek damages from the party that has not followed the requirements in this Section to reimburse it for any costs incurred as a foreseeable consequence of that breach.
d. Meet and Confer
The recipient of a Claimant Notice may request an individualized telephone or video settlement conference, and both parties shall personally attend (with counsel, if represented) any conference that is held. You and SPARC agree to work cooperatively to schedule the conference at the earliest mutually convenient time (with the Informal Resolution Period being extended as needed until that time) and to seek to reach a resolution during any such conference.
e. CLASS ACTION WAIVER
This Section 6(e) will apply to the fullest extent permitted by applicable law. NO DISPUTE SHALL BE JOINED TO ANY OTHER DISPUTE, INCLUDING ANY DISPUTE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES. NO CLASS ACTION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER YOU OR SPARC ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED, AND NEITHER YOU NOR SPARC WILL PARTICIPATE AS A CLASS MEMBER IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS, PLATFORM, THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES RELATED THERETO. ANY RELIEF MAY BE AWARDED ONLY INDIVIDUALLY AND ONLY TO THE EXTENT NECESSARY TO REDRESS YOUR OR SPARC’S INDIVIDUAL CLAIM(S); RELIEF MAY NOT BE AWARDED ON BEHALF OF OTHERS OR THE GENERAL PUBLIC.
f. One Year to Assert Claims
In no event shall you or SPARC send a Claimant Notice or commence litigation over any Dispute more than one (1) year after the Dispute first arose. After such time, the Dispute is permanently barred, which means that you or SPARC will no longer have the right to assert that Dispute.
g. Severability
If any part of this Section 6 is found to be unlawful or unenforceable for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms and (ii) the remainder of these Terms will remain in effect. If the class action waiver in Section 1(e) is found to be unlawful or unenforceable in a state for any reason, to the fullest extent allowed by applicable law, claimants may seek certification only of a class composed of residents of that state. Further, if any part of this Section 6 is found to unlawfully prohibit an individual claim seeking public injunctive relief that provision will have no effect to the extent such relief is allowed to be sought, and the remainder of this Section 1 will be enforceable.
h. Third-Party Beneficiaries
You must resolve Disputes with our past, present, and future affiliates and agents as though they were or are SPARC. Such affiliates and agents are third-party beneficiaries of this Section 6 and can enforce this Section 6 as though they were or are SPARC in the event they become involved in a Dispute with you. Otherwise, these Terms are only for the benefit of, and will only be enforceable by, you and SPARC only and do not give rights to any third parties.
2.
3. CHANGES TO THESE TERMS
We reserve the right at any time to change: (a) the terms and conditions of these Terms; (b) the Platform, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the Platform or the hours that it is available; (c) any fees or charges, if any, related to the use of the Platform; and (d) the equipment, hardware or software required to use and access the Platform.
Any changes we make to these Terms will be effective immediately upon posting on this Website. Please return to this Website periodically to ensure you are familiar with the most current version of these Terms.
4. ELIGIBILITY TO USE THE WEBSITE
You represent and warrant that you: (a) have not previously been suspended or removed from the Website or our Platform; and (b) have full power and authority to enter into these Terms, and in doing so will not violate any other agreement to which you are a party.
5. YOU AGREE TO OUR PRIV ACY POLICY
Please review our Privacy Policy, which is incorporated by reference in these Terms. By using the Platform, you are consenting to and agreeing to be bound by the Privacy Policy. When you use the Platform, you consent to receive communications from us electronically via the Platform, email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use the Platform and to update such information while you ocontinue to use the Platform.
6. YOUR ACCOUNT
In order to access and use certain parts of the Platform, you may need to sign up for, open and maintain an account (your “Account”) with us. Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms. If you do not agree to these Terms, you may not sign up for an Account and you shall not have the right to use such Platform.
You represent and warrant that at all times you will: (a) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (b) maintain and promptly update your information (including your email address) to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges on the Platform and to refuse any and all current or future use of the Platform.
During the registration process, you may be required to choose a username and enter your email address. You acknowledge and agree that SPARC may rely on this email address or username to identify you. You shall be responsible for protecting the confidentiality of your username(s) and/or password(s), if any. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms. You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate. You agree not to transfer your right to use or access Platform or the Platform via your username or password to any third person.
7. ACCOUNT REGISTRATION
In order to access and use certain Services available on the Platform, you may need to sign up for, open and maintain an account (your “Account”) with us. Prior to completing the sign-up process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such Services.
You represent and warrant that at all times you will: (a) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (b) maintain and promptly update your information (including your e-mail address) to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges on the Services and to refuse any and all current or future use of the Services.
During the registration process, you may be required to choose a username and enter your email address. You acknowledge and agree that SPARC may rely on this email address or username to identify you. You shall be responsible for protecting the confidentiality of your username(s), student identification number, and/or password(s), if any. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate. You agree not to transfer your right to use or access this Site or the Services via your username or password to any third person.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying the Services will not be permitted. We reserve the right in our sole discretion to remove or edit any content and to terminate your Account for any reason. If you wish to delete your account or terminate your subscription, you can do so at any time. In the event of termination, you will still be bound by your obligations under these Terms.
8. SUBSCRIPTION TERMS
You may be required to pay fees ("Fees") to access certain portions or features of the Services. All Fees will be payable in advance, unless otherwise specified in your account registration or on the Platform. Some may be offered the opportunity to enroll to access these features under a subscription plan. Subscriptions will be automatically unless you non-renew within the time specified in your registration or on the Platform before your plan is scheduled to renew. Not withstanding the foregoing, if you are accessing the Services by virtue of your membership in or affiliation with a university, athletic club, or other entity ("Sponsoring Entity"), the Fees for the Services may be covered in whole or in part under SPARC's separate arrangement with such Sponsoring Entity. In such cases, the payment terms, including any applicable Fees, renewal terms, and termination provisions, shall be governed by the terms of SPARC's agreement with the Sponsoring Entity, and you should consult with your Sponsoring Entity regarding the scope and duration of your access to the Services.
The subscription fees will be billed through our third party processor. You hereby authorize us, through our third party processor, to charge the applicable subscription fees on a recurring basis. We may increase the subscription fees—and bill your credit card or other payment method for such increased fees. Any fee increases will become effective at the beginning of the next billing cycle so long as you do not opt to terminate the subscription.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTLY BASIS UNLESS YOU TERMINATE IN ACCORDANCE WITH THE SECTION ABOVE.
The subscription fees will be billed through our third party processor. You hereby authorize us, through our third party processor, to charge the applicable subscription fees on a recurring basis. We may increase the subscription fees—and bill your credit card or other payment method for such increased fees—upon thirty (30) days prior notice to you through the email address associated with your account. Any fee increases will become effective at the beginning of the next billing cycle so long as you do not opt to terminate the subscription.
Subscription fees are non-refundable, and you are responsible for paying all unpaid fees through the end of the current term. In the event of an early termination by you or us, you will not be entitled to a refund for any portion of any subscription fees paid or owed.
9. USE OF THIS SITE AND THE PLATFORM
If you access this Website from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. In particular, you understand that this Website, the Platform, or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Platform in your location.
Some countries may have laws that forbid participating in the activities we offer on Platform or Platform. These restrictions might include a minimum age for using the Internet or entering into contracts like these Terms. You are responsible for making sure you can use this Website and the Platform in the location you reside in. Continuing to use the Platform represents and warrants to us that you have verified that you are permitted to use the Platform in your jurisdiction.
10. MOBILE DEVICES
If you use a mobile device to access the Platform optimized for mobile viewing, or use a mobile application, the following additional terms and conditions also apply.
You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Platform. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
11. ELECTRONIC MESSAGES
By accessing our Website, signing up for Platform, creating an account with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) us communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations from us (collectively, “Records”) electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at contact@sparctennis.com Agreements and transactions executed prior to this request will remain valid and enforceable.
12. OUR MATERIALS
SPARC may make certain digital reproductions of materials, information, content, software, or other materials (including but not limited to intellectual property, database rights, graphics, videos, text, and logos) available to you from this Website and the Platform from time to time (collectively, the “SPARC Materials”).
a. Intellectual Property
The Platform, SPARC Materials, information downloaded, and all intellectual property pertaining to or contained on the Platform (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by SPARC or third parties; all rights, title, and interest will remain the property of SPARC and/or such third-party owner, as applicable. All SPARC Materials are protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
b. Copies of SPARC Materials
You are authorized to view and retain a copy of pages of the Platform only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Platform for the purpose of transacting business with us. You may not tokenize copies of the pages of the Platform or any other content on the Platform. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Platform, or any portion of the Platform, for any public or commercial use, without our prior express written consent. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Platform (or printed pages produced from the Platform), and (b) will not make any other modifications to any documents obtained from the Platform other than in connection with completing information required to transact business with SPARC.
c. License to Use SPARC Materials
By using the Platform, we grant you a non-exclusive, non-transferrable, non-sublicensable right and license to use the SPARC Materials for your personal use only. If you download, access or. use any SPARC Materials, you agree that such materials: (i) may only be used for your personal use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without SPARC’s prior written permission; (iii) shall not be submitted to, processed by, or otherwise fed into any artificial intelligence or automated processing software; and (iv) shall only be used in compliance with any additional license terms accompanying such materials.
13. USER CONTENT
You are solely responsible for the content and information (collectively referred to as “User Content”) that you post or upload on the Platform including feedback or questions.
a. License for SPARC for User Content
By submitting User Content to the Platform, you automatically grant SPARC the royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You acknowledge and agree that this license includes the right to reproduce User Content, including any personal information or your likeness, for marketing and advertising purposes.
b. SPARC’s Use of User Content
You agree that we may access, preserve and disclose your account and any User Content posted, uploaded, received or otherwise communicated if required to do so by law or with the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for User service or allow you to use the Platform in the future; or (v) protect the rights, property or personal safety of SPARC or its members, employees, agents, affiliates, partners, communities or any other person.
c. Moral Rights
If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personal data, personal information, personally identifying information, or equivalent term be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by SPARC or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release SPARC, and its licensees, successors and assigns, from any claims that you could otherwise assert against SPARC, or any of its assigns or affiliates, by virtue of any such moral rights. You also permit any other user to access, view, store, or reproduce the User Content for that user’s personal use.
d. Disclaimer
Please note that we do not make any representations, warranties or guarantees that: (i) Platform, the Platform, or any portion thereof, will be monitored (e.g., for accuracy or unacceptable use); (ii) apparent statements of fact will be authenticated; or (iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms. We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on Platform or through the Platform by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, inappropriate, and/or violates these Terms.
14. USE OF THE SERVICES AND USER CONTENT RESTRICTIONS
You represent and warrant that you will use the Platform and any User Content solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have with us and any third parties, all of which you are responsible for knowing and understanding.
By using the Platform, you further agree that you will not:
● Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
● Create user accounts under false or fraudulent pretenses, create or use an account for anyone other than yourself, or create multiple active user accounts to post multiple reviews for the same company;
● Promote, endorse, or further illegal activities;
● Disclose information in violation of any legally enforceable confidentiality, nondisclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
● Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party;
● Except as expressly approved by us, and subject to applicable laws, use the Platform for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, or other forms of solicitation;
● Imply a SPARC endorsement or partnership of any kind without our prior express written permission;
● Introduce software or automated agents to the Platform, or access SPARC or the Platform so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from SPARC or the Platform without our express written permission;
● “Frame” or “mirror” or otherwise incorporate part of the Platform into any website, or “deep-link” to any portion of SPARC or the Platform without our express written permission.
● Copy or use the information, content, or data on the Platform in connection with a competitive service, as determined by SPARC;
● Sell, resell, rent, lease, loan, trade, or otherwise monetize access to SPARC or the Platform posted on Platform without our express written permission;
● Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of SPARC or the Platform;
● Interfere with, disrupt, or create an undue burden on SPARC or the Platform or the networks or services connected to SPARC or the Platform; or
● Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to SPARC or the Platform or attempt to circumvent any security feature of SPARC or the Platform;
You understand and agree that we, without any obligation to do so, may monitor or review any User Content you post, upload or otherwise communicate through the Platform. We reserve the right to remove any such User Content, in whole or in part, at our sole discretion, that violates these Terms, is likely to harm our reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person. We reserve the right to deactivate your account or otherwise prevent your use and/or participation on Platform at any time and for any reason. We reserve the right to deactivate your account or otherwise prevent your use and/or participation on Platform at any time and for any reason.
15. AVAILABILITY
We cannot and do not promise that Platform or the Platform will be uninterrupted, secure, or error-free. We reserve the right to interrupt/suspend the Platform, or any part thereof, with or without prior notice for any reason.
16. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use the Platform, and you shall be solely responsible for all charges and fees related thereto. Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. SPARC is not liable for any damages related to communications to, or from, the Platform.
17. CURRENCY OF SITE
SPARC cannot and does not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the the Platform. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update the Platform (including the SPARC Materials) and the Platform at any time, without prior notice to you.
18. THIRD PARTY SITES AND SERVICES
This Platform may contain links to outside services and resources, the availability and content of which SPARC does not control. The inclusion of these links does not imply that SPARC monitors or endorses these sites. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites. We do not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such services or resources should be directed to the service or resource.
Some Services may be available (or only available) through accessing, or downloading from, a third party platform or store, such as the Google Play Store or Apple App Store (each an “App Store”). Your use of the Services may also be governed by any applicable agreements you have with any App Store (the “App Store Agreements”). In the event of any conflict between any other App Store Agreement(s) and these Terms with respect to any issues regarding your use of our Services, these Terms will take priority.
19. SECURITY
SPARC makes no warranty whatsoever to you, express or implied, regarding the security of the Platform, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Platform. SPARC is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Platform by using the contact information in the “Contact Information” section below.
Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this the Platform. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Platform. SPARC recommends that you install appropriate anti-virus or other protective software.
SPARC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON PLATFORM OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.
20. SEVERABILITY/NO WAIVER
If any provision of these Terms is found to be unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. SPARC’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any Service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.
Sections 1 (Dispute Resolution) 19 (Security), 21 (Disclaimers: Platform and Materials Provided “As-Is”), 22 (Limitation of Liability), 24 (Indemnification), and 25 (Term and Termination) will survive any termination of expiry of these Terms.
21. PLATFORM PROVIDED “AS-IS”
THIS PLATFORM IS PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY , NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SPARC DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, ANY DELIVERABLES, OR THE SPARC MATERIALS WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPARC, OR THROUGH PLATFORM SHALL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICES AND ITS CONTENT AND DATA MAY BE PROVIDED BY SPARC FROM TIME TO TIME WITHIN THE SERVICES.
These Terms were written in English (US). Any translated version is provided solely for your convenience using third party translation services such as Google Translate.
WE DO NOT WARRANT THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SERVICES, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
Please note that some jurisdictions do not allow the disclaimer of certain representations or warranties, so the disclaimer in this Section 21 will apply to you to the extent permitted by applicable law.
22. NO MEDICAL OR PROFESSIONAL ADVICE
THE SERVICES WE PROVIDE THROUGH THE PLATFORM, INCLUDING OUTPUT ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF: (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HA VE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY . SHOULD YOU HA VE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY . YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US. WE ARE NOT A HEALTHCARE PROVIDER OR BUSINESS ASSOCIATE OF A HEALTHCARE PROVIDER OR COVERED ENTITY AND ARE NOT SUBJECT TO THE PRIV ACY RULE OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA).
23. LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE PROTECTED PARTIES (AS DEFINED BELOW) SHALL HA VE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF PLATFORM AND/OR SERVICES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF PLATFORM, ANY DELIVERABLES, AND/OR THE SERVICES. IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY . INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF SERVICES, EVEN IF YOU HA VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING PARAGRAPH AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $10.00 (TEN DOLLARS) (USD).
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
24. INDEMNIFICATION
You will defend, indemnify, and hold SPARC, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the “Protected Parties”) harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Platform, (b) violation (or alleged violation) of these Terms by you or any other person accessing Platform or Platform on your behalf, (c) any claims for defamation or slander, invasion of privacy, or other violation of a person’s rights, and/or (d) any unauthorized activity relating to the use of your Account. Under no circumstance will SPARC be liable for damages of any kind that result from your use of, or the inability to use, the Platform.
Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, this provision will apply to you to the extent permitted by applicable law.
25. TERM & TERMINATION
SPARC may, from time to time, but is in no way obligated to, permit you to access and use this Platform in accordance with these Terms and in the manner more particularly set out herein. You acknowledge and agree (a) that access to the Platform may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and (b) that SPARC shall not, in any event, be responsible to you in any way should you be unable to access the Platform at any time or from time to time. We may terminate these Terms for convenience with no notice to you. Upon termination of these Terms, you shall immediately cease and desist from all use of the Platform.
26. CHANGES
You are responsible for reviewing these Terms regularly. SPARC reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Platform, these Terms, or any of our policies related to use of the Platform. We will not amend Section 1 (Dispute Resolution), in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Class Action Waiver in its entirety. Revisions to these Terms or our policies may be provided through the Platform, including by posting the revisions on the Platform and updating the “Last Updated” date. Continued use of the Platform following such modifications to the Platform, these Terms, additional terms and conditions for any service, or our other policies will constitute your acceptance of such modifications and revisions.
27. MISCELLANEOUS
a. Entire Agreement
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
b. Headings
The section headings used in these Terms shall not be given any legal import.
c. Assignment
These Terms are not assignable, transferable, or sublicensable by you except with SPARC’s prior written consent. SPARC may assign its rights and duties under these Terms at any time without notice to you.
d. Waiver
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
28. CONTACT INFORMATION
If you need to contact us regarding the Platform, you can contact SPARC at contact@sparctennis.com.