Terms of Use

This website or mobile app is maintained by, or on behalf of, SparkLearn, LLC (“SparkLearn”, “us”, “we”, “our”), as a service to users (“you”, “your”) of our websites and mobile apps. For the purposes of these Terms of Use, “SparkLearn Services” or “Services” shall refer collectively to your use of www.SparkLearn.com as well as the other websites and mobile apps that SparkLearn operates and that link to these Terms of Use.

These Terms of Use govern your use of the SparkLearn Services, however accessed, including via an Internet browser, smartphone, tablet, or other mobile device. By accessing and using our Services, you agree to comply with and be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, you should not access or use our Services. 

  1. Agreement.  These Terms of Use (hereinafter “TOU”) specify the terms and conditions for access to and use of our Services and describes the terms and conditions applicable to your access of and use of our Services. These TOU may be modified at any time by SparkLearn upon posting of the modified TOU. Any such modifications shall be effective immediately. You can view the most recent version of these TOU at any time by clicking on the “Terms of Use” hypertext link located at the bottom of our websites and mobile apps. EACH USE OF OUR SERVICES BY YOU SHALL CONSTITUTE AND BE DEEMED YOUR UNCONDITIONAL ACCEPTANCE OF THESE TOU.

  2. Privacy. In addition, when using our Services, you shall be subject to any posted policies, guidelines or rules applicable to use of our Services, including, but not limited to, our Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into these TOU.

  3. Ownership, Copyrights, Trademarks. You acknowledge and agree that our Services provided by our websites and mobile apps contain proprietary and confidential information that is the property of SparkLearn and its licensors and is protected by applicable intellectual property and other laws. No rights, or title to, any of the software used in connection with any Services is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Services is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SparkLearn or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.

  4. Use of Services. SparkLearn grants you a limited, revocable, nonexclusive license to use our Services solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on our websites or mobile apps, reverse engineer or gain unauthorized access to our websites or mobile apps, or use our Services in violation of any law. The use of our Services is at the discretion of SparkLearn and SparkLearn may terminate your use of our Services at any time.

  5. Compliance with Laws. You agree to comply with all applicable Federal, State and local laws regarding your use of our Services. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.

  6. Indemnification. You agree to indemnify, defend and hold SparkLearn and our subsidiaries, affiliates, licensors, content providers, employees, officers, directors, and contractors (collectively our “Affiliates”), harmless from your breach of these TOU or use of our Services. You agree that SparkLearn and our Affiliates will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of SparkLearn and our Affiliates in connection therewith. You will also indemnify and hold our Affiliates harmless from and against any claims brought by third parties arising out of your use of any content or information accessed with respect to our Services.

  7. Disclaimer.  The use of our Services is at your sole risk. Our Services and any information provided through our Services is provided on an “as is” and “as available” basis. SparkLearn EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPARKLEARN MAKES NO WARRANTY THAT (1) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (2) OUR SERVICES, AND ANY INFORMATION PROVIDED BY OUR WEBSITES AND MOBILE APPS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING OUR SERVICES, AND ANY INFORMATION PROVIDED BY OUR WEBSITES OR MOBILE APPS, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY OUR WEBSITES OR MOBILE APPS WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from or through SparkLearn shall create a warranty not expressly stated in these TOU.

  8. Limitation of Liability.  SPARKLEARN AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SPARKLEARN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR SPARKLEARN WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SPARKLEARN AND ITS AFFILIATES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SPARKLEARN FOR THE USE OF OUR SERVICES.

  9. Use of Information.  SparkLearn reserves the right, and you authorize us, to use and assign all information regarding uses of our Services by you and all information provided by you in any manner consistent with our Privacy Policy.

  10. Digital Millennium Copyright Act Take-Down Notices. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    2. A description of the copyrighted work that you claim has been infringed;

    3. A description of where the material that you claim is infringing is located on our websites or mobile apps;

    4. Your address, telephone number, and e-mail address;

    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.


    Our Copyright Agent for Notice of claims of copyright infringement on our websites and mobile apps is as follows:

    SparkLearn, LLC
    Attn: Copyright Take-Down
    620 West Jackson Street
    Morton, Illinois 61550
    info@SparkLearn.com 
    Phone: (309) 263-9228

  11. Governing Law, Venue, Actions. If there is any dispute about or involving our Services or these TOU, you agree that any dispute shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts in Tazewell County, Illinois.

    YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES OR THESE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  12.  Severability. If any part of these TOU is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such an event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision. 

  13. Waiver.  The failure of SparkLearn to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. Any waiver of these TOU by SparkLearn must be in writing and signed by an authorized representative of SparkLearn.

  14. Modification and Termination of Our Services. SparkLearn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that SparkLearn will not be liable to you or any third party for any modification, suspension or discontinuance of our Services.

  15. Relationship of the Parties.  Nothing contained in these TOU or your use of our Services shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

  16. Entire Agreement. These TOU constitute the entire agreement between you and SparkLearn and govern the terms and conditions of your use of our Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SparkLearn with respect to our Services.

  17. Changes to TOU. SparkLearn may revise the terms and conditions governing use of our Services at any time by updating these TOU and posting them here (https://www.SparkLearn.com/terms-of-use).  Accordingly, you should review these TOU periodically to determine if any changes have been made. Your continued use of our Services after any changes have been made to these TOU signifies and confirms your acceptance of any such changes or amendments to these TOU.

If you have any questions regarding these TOU, please contact us by visiting https://www.SparkLearn.com/contact-us or at:
SparkLearn, LLC
620 West Jackson Street
Morton, Illinois 61550
info@SparkLearn.com
Phone: (309) 263-9228

 

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