Website Terms and Conditions of Use and Disclaimer

Last Updated April 27, 2021

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Spark Running, LLC (“we,” “us,” “our” or "the Company"), concerning your access to and use of the sparkrunning.co website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).  You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.  We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.  It is your responsibility to periodically review these Terms of Use to stay informed of updates.  You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

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The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

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USER REPRESENTATIONS

By using the Site , you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the Site; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose;  and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

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USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

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PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

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PURCHASES AND PAYMENT

We accept the following forms of payment: credit cards. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.  You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.  All payments shall be in U.S. dollars. 

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You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

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We reserve the right to refuse any order placed through the Site.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.  These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

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RETURN/REFUNDS/TERMINATION POLICY

All recurring payment plans, one-time service fees, and product purchases are non-refundable.

 

Payment will be fulfilled upfront. Athletes with multi-month commitments will be billed on a recurring cycle until payment term has been fulfilled and must decide to renew or discontinue with 14 days advanced notice. Athletes paying month-to-month must give notice at least seven days in advance of the next billing cycle if they wish to discontinue coaching services.

 

Subscription coaching plans cannot be paused or placed on hold without meeting two strict requirements: 1) you must be injured and 2) be unable to cross-train while you recover from said injury. If you feel you meet these requirements, you and your coach can discuss options to pause your recurring coaching plan for a maximum of 2 months.

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Any other modifications to subscription length or subscription cancellation may be given at the discretion of Spark Running on a case by case basis. 

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SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.  You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

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GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State/Commonwealth of California, without regard to its conflict of law principles.

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ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

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DISCLAIMER

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In no event shall the We be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Sire or the contents of the Site. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. 

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The Company does not warrant that the Service is free of viruses or other harmful components.

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REVISIONS AND ERRORS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

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LINKS AND THIRD PARTY WEBSITES

The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Us. Please note that We do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. The inclusion of any link does not imply endorsement by Us of the Site. Use of any such linked website is at the user's own risk.

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Fair Use Disclaimer

We may use copyrighted material which has not always been specifically authorized by the copyright owner.

 

We are making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

We believe this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.

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If You wish to use copyrighted material from the Site for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.

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No Responsibility Disclaimer

The information on the Site is provided with the understanding that we are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

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In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Site.

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"Use at Your Own Risk" Disclaimer

All information in the Site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

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We will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

 

Contact Us

If you have any questions about this Disclaimer, You can contact Us:

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• By email: hello@sparkrunning.co

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