SPARKYGO USER AGREEMENT

Please note that by accessing the site, you are entering into a legally binding agreement with SparkyGo, Inc., a New York, registered corporation (“SparkyGo” and sometimes “we”), of which the terms are stated below.

1. Applicability and Scope of the User Agreement; Relation to Terms of Use

This Agreement applies to your use of SparkyGo sites, applications, and platforms. This User Agreement (this “Agreement”), alongside our Privacy Policy and Terms of Use, governs and covers your access to and use of sparkygo.com (the “Site”), a US-hosted site directed towards US users for pet owners to communicate with, rate and recommend pet businesses for their services and for pet businesses to promote their services to pet owners, affiliate and related sites and applications and any SparkyGo branded content, platform, features or services, whether online or through a mobile application, including all content and features provided by SparkyGo, third parties and your own content and data thereon, that is provided by SparkyGo or may be provided by SparkyGo (the “Services”). Any definitions not defined herein are defined in our Terms of Service. In the event, any term herein conflicts with the Terms of Use, the provisions of the User Agreement shall prevail to the extent of any inconsistency.

2. Revocable, Non-Exclusive License to Use the Site and Services

You can use SparkyGo as long as you respect our community rules and abide by this Agreement. SPARKYGO grants you a personal, non-assignable, worldwide, royalty-free, non-exclusive, revocable license to use the Site and Services exclusively for the sole purpose of participating in the SPARKYGO features on the Site and Services in accordance with this Agreement. All right, title and interest in and to the Site and Services, excluding any content made available by Users and third parties, including but not limited to SPARKYGO trademarks, tag lines, logos, “the look and feel” of the Site and Services and any other distinctive SPARKYGO branding shall remain the exclusive property of SPARKYGO.

3. Assumption of Risk

You agree that you have made a choice to use SparkyGo and that you assume the risk that you may be offended by the content, incur damage from a third party service or have your information exposed by a hack or have your devices hacked. You agree to assume all the risk associated with your access and use of the Site and Services, including but not limited to the risk of (i) exposure to incomplete, misleading and/or objectionable content (ii) exposure to malware and hacking and accessing a third party service that causes you personal or property damage and may lead to exposure of any personally identifying information we have stored and/or (iii) the utilization of a third-party service that causes you personal or property damage

SPARKYGO does not endorse, verify, agree, accept, encourage, support or otherwise guarantee any veracity, accuracy or reliability of any statement, information or opinion by any User or third party or of any link made available by any User or advertiser to any third party content on the Site or through any Service, including but not limited to Registered Business Pages.

4. Availability of Site Features and Services

We don’t guarantee that SparkyGo will always be available for you.

The Site and Services may be amended, updated, unavailable and discontinued at any time for any reason without notice or compensation to you.

SPARKYGO may discontinue, suspend, refuse access to or modify any feature of the Site or any Service or change any pricing of any feature of the Site or of any Service at any time in its exclusive discretion with prior notice to you by either notification to your User Registered Account or by posting on our legal updates page at sparkygo.com with any such changes being effective at notification whether through such posting or via communication to your User Registered Account. For clarity purposes, SPARKYGO does not represent, guarantee and warrant that you may have access to any feature of the Site or any Service, any content or material that you make available on any such feature of the Site or Service or that your access will be secure, error-free, uninterrupted and available without fee. Additionally, we have no obligation to store any of your information or content that you have provided to us and have no obligation to provide you any copy.

5. Advertising

You will see ads on SparkyGo.

You acknowledge and understand that paid advertising will appear throughout the SparkyGo Site and Services and may appear alongside your content. You agree to accept such advertising in exchange for your access to the Site and any Service if you are a Visitor, and your participation on the Site and through the Services, if you are a User.

You acknowledge that such advertising is provided by a third party and that SPARKYGO may not be able to control in all instances all advertising content and Users agree that SPARKYGO will not be liable for any loss or damage as a result from any advertising posted on the Site or through any Service or your use of any third-party service from advertisements you saw on our Site and Services.

6. Third-Party Services

Your access and use of the Site and Services may result in your view of and access to third-party content, including linking to third-party sites or accessing third-party applications. SparkyGo does not endorse any third party content on its Site or Services nor does it control any third-party site, application or service and you view, rely on and access any third-party content at your own risk.

7. Privacy

Please review our privacy policy which details how we may use and store your personally-identifying information. Any personal information you provide on the Site or through any Service shall be exclusively governed by our privacy policy which is hereby incorporated into the Agreement by reference and which you can access here (this should be a link to the privacy policy) (the “Privacy Policy”). Please read this carefully as it contains important disclosures regarding how SPARKYGO can collect, store and use your personal information. By accessing the Site or any of the Services you agree to the collection and storage of your personal information in the United States and possible transfer outside the United States for storage and processing.

SPARKYGO will provide you with certain notifications and other communications with respect to the Site and the Services, including any administrative notifications or any amendments to the Agreement, including the Privacy Policy, to your registered account on the Site (the “User Registered Account”). You may not opt of out these notifications. However, by adjusting your settings, which you can access here (this should be a link to the Settings page) you can opt-out of most communications sent by SPARKYGO.

8. Password and Registration Information

You are responsible for keeping your user information confidential.

You are prohibited from allowing others to use your Registration Information or from assigning your User status to another and any such purported assignments are null and void.

You are solely responsible for any activity on the Site, including any messages to another User, any content or material made available on the Site or through any of the Services by any person that uses your Registration Information, whether or not you authorized such person to do so.

If you register as a User on behalf of an entity, you must have the authority to do so. Both you personally and the entity will be liable for content or material made available on the Site or through the Services under such Registration Information.

SPARKYGO reserves the right to delete your username if it reasonably believes that your username is infringing the propriety rights of another party, including if your username infringes a trademark. If you believe that your Registration Information is compromised, contact our Privacy Policy Coordinator promptly at [email protected].

9. User Representation and Warranties

In order to use SparkyGo, you are making some promises to us about who you are and what you will do with our Site and Services.

In order to participate on the Site and through the Services, you represent and warrant all of the following (which shall be the “User Representations and Warranties”):

You have read, understood and agree with our User Agreement, Terms of Service and Privacy Policy
You are 13 or over the age of 13. SPARKYGO does not knowingly or willingly store or collect the personal information of anyone under the age of 13.
You are registering with your correct and true personal information and not registering with false information or someone else’s personal information
You are not registering on behalf of another person
If you are registering on behalf of an entity, you represent and warrant that you have authority to do so

You also represent and warrant that you will not directly or indirectly or enable or encourage another party to do so directly or indirectly the following:

You will not identify yourself as below the age of 18 if you are 18 or over and you will not identify yourself as 18 or over the age of 18 if you are below the age of 18
You will not register as a consumer if you are a business
You will not register as a consumer to promote a commercial purpose, entity or event
You will post content that you create and that does not infringe on others’ copyright, trademark, and other intellectual propriety rights
You will not post content that is untrue or defamatory, including but not limited to making untrue reviews about a business
You will not post photos of people in focus and recognizable unless you have received their prior permission to do so and post in accordance with that permission
You will not use harassing, inflammatory or obscene posts to our Site or Services
You will not threaten any person or business
You will not solicit information from minors
You will not attempt to use the Site or Services in a manner that leads to unreasonable and excessive traffic demands
You will not reverse engineer any software
You will not infringe on SparkyGo’s intellectual propriety rights, including but not limited to infringing on our copyright of any content, our trademarks, and our software
You will not attempt to gain unauthorized access to the Site, the Services, the Registered Accounts and all the content and information therein, including but not limited to attempting to secure administrator access
You will not scrape or index any portion of the Site or Services by any means
You will not remove or alter SparkyGo’s trademarks on any copies of the Site or Services
You will not access the Site or Services from any device that will interfere with the Site and Services, including but not limited to any device that would prevent the Site and Services from properly working or exposing the Site and Services to malware
You will not impair or interfere with Site and Services
You will not use the Site and Services to disseminate and infect Visitor and User devices with malware, viruses, malicious code, spyware, and other destructive code
You will not exploit the Site and Services by creating infringing derivative works
You will not use the Site and Services in order to create a competitive Site and Services
You will not use the Site and Services to violate any law

10. Additional Representation and Warranties for Business Accounts

In addition to the representations and warranties under paragraph 9 above, Business Accounts represent and warrant the following:

You will use truthful information to register your “Business Account”
Your business complies with all applicable laws, regulations, and ordinances
You will not post any untrue, misleading or deceptive advertising or other content on your Business Page
You will not infringe on any other party’s intellectual proprietary rights, including infringing on another party’s copyright or trademark
You will not create a consumer account and will not otherwise post a review of your own business or of your competitors on the Site and Services
You will not pay or otherwise induce, encourage, request or solicit any party to review your business on the Site or Services (including but not limited to providing money or services in exchange for a positive review)
You will not pay or otherwise induce, encourage, request or solicit any party to review your competitors’ businesses on the Site and Services
You will not threaten or induce any party to take down a negative review, edit a negative review or otherwise induce or threaten a party to not post a negative review
You will not attempt to manipulate our Review Processing software, including but not limited to manipulating the Review Processing software in order to favor positive reviews of your business and downgrade negative reviews of your business or increasing traffic to negative reviews of your competitors and downgrading positive reviews of your competitors’ businesses
Attempt in any way to generate fake or misleading reviews of your business or your competitors’ businesses

Additionally, any person that registers a Registered Business Account represents and warrants that they authorized to do so on behalf of the business.

11. Responsibility and Liability of Users for Own Content

You are solely responsible for any content that you publicly or privately post, transmit, upload or otherwise make available on the Site or through any Service. Any reliance on any User Content, whether from a consumer or business, is at your own risk and SPARKYGO takes no responsibility for any User Content or any third-party content (including from advertisers). If your content violates the rights of other parties or violates the law, including but not limited to your posting of defamatory or infringing content or misleading advertising on your Registered Business Page, you may be sued by such parties and be liable for their damages, penalties, and costs in accordance with applicable law.

12. Monitoring of User Content, Revisions, and Removal

You agree that SPARKYGO shall be able to monitor any and all your activity on the Site and through the Services, including if it is privately transmitted to another User and you agree that SPARKYGO shall have the right but not the duty to review, revise, edit and remove any content you have made available on the Site or through any Service in its exclusive discretion and without notice to you. However, while SPARKYGO strives to create an enjoyable and helpful experience to find, share and recommend pet services and to that effect may monitor any and all User activity, SPARKYGO makes no representations, warranties or guarantees that it will, in fact, monitor any content or activity on the Site or through the Services and all content or material that you may access on the Site or through any Service shall be at your own assumed risk. Additionally, SPARKYGO does not make any representations, warranties or guarantees that it will take any action with respect to User or third-party content.

You acknowledge that the failure of SPARKYGO to edit, delete, or otherwise respond to any content or material made available on the Site or through the Services is not to be taken as an endorsement, support, verification, encouragement or acceptance of such material or content by SPARKYGO and you agree that SPARKYGO shall have no responsibility to act in respect of such content or material, even if such content violates any law and/or is a violation of a User’s representations and warranties. Additionally, any failure by SPARKYGO to act with respect to any content or material made available on the Site or through the Services shall not be taken as a waiver of any right by SPARKYGO to do so in the future.

For clarity purposes, SPARKYGO has no duty to store, retain and transfer to you any content or material that you may transmit, upload or otherwise make available on the Site or through the Services and SPARKYGO may delete such content or material at any time for any reason without prior notice to you.

13. Grant of License to SPARKYGO for User Content

You own the rights to all your own content and material that you make available on the Site or through any Service. Except as expressly provided for in the Privacy Policy, by submitting any content or material on the Site or through the Services, you agree to grant SPARKYGO a worldwide, non-exclusive, royalty-free license to reproduce, edit, modify, adapt, publish, display and distribute such content and material in any medium now known or hereafter created, with the ability to sub-license and create derivative materials therefrom. You will not be compensated for any use and exploitation of any of your content by SparkyGo.

SparkyGo may post advertising promoting its services, its affiliated services and third-party advertising next to your content and you agree that SparkyGo may do this without any consent from you and with no notice and compensation to you.

14. Additional Terms for Registered Business Pages

In order to register your business page (the “Registered Business Page”), you need to provide us information about your business, including your contact details and you, agree that we may contact you at the contacts that you provide. If we call you, you agree that we may monitor any such calls for quality control purposes. You agree you will edit, use and monitor your Registered Business Page only in accordance with the terms of this User Agreement, including but not limited to the representations and warranties you have made to us herein and the Terms of Service. You agree that you will not post any infringing or misleading content and that your business may be negatively reviewed on your Registered Business Page. You agree that reviews of your business will be processed by our automated Review Processing Software which may at times fail to detect and may even promote false and misleading reviews of your business and may fail to detect and may downgrade true and positive reviews of your business. Additionally, you also agree that photos of your business may be posted by Users on your Registered Business Page without your permission.

You agree and understand that registering for your Business Account and being able to edit and monitor your Business Page does not provide you any authority, permission or ability to edit or delete any reviews and/or other User Content, including photographs and videos, on your Business Page.

15. Copyright Policy

SPARKYGO respects the proprietary rights of others and will act expeditiously to remove any infringing content or material on its Site or Services for which it has received proper notification through its designated copyright agent in accordance with 17 U.S.C § 512 (c) (3), including providing all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
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
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
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
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
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.
SPARKYGO reserves the right to remove content or material made available on the Site or through any Service alleged to be infringing in its exclusive discretion, without notice and any liability to you.
SPARKYGO’s copyright agent for the receipt of infringement notices is as follows:

Please only send copyright infringement notices to our copyright agent as no other correspondence will be accepted, reviewed or responded to.

Josh Schermer

255 West 10th St., 4FS

New York, NY 10014

646-768-6145

[email protected]

16. Suggestions, Feedback, No Right to Compensation

SPARKYGO strives to provide an instructive and enjoyable experience for its Visitors and Users and appreciates your suggestions and feedback. In providing any suggestions to SPARKYGO you represent and warrant that any feedback or suggestions you provide contain no third party content and no confidential or proprietary information and if it were found by a court of competent jurisdiction to have any such right you hereby grant SPARKYGO an irrevocable, non-exclusive, royalty-free, assignable, perpetual, worldwide license to any such suggestions or feedback. Additionally, you represent and warrant that SPARKYGO is under no express or implied obligation of confidentiality with respect to any feedback or suggestions, that SPARKYGO has the right to use, implement, adapt, develop or otherwise profit from any suggestions or feedback provided by you and distribute and display such suggestions or feedback in any manner and through any media worldwide, without any obligation to notify you and without any obligation whatsoever to you and that you will have no right to compensation or credit, whether financial or otherwise.

17. Disclaimer of Warranty, Services Provided “AS IS”

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS AND AS A RESULT, THE FOLLOWING SECTION MAY NOT APPLY TO ALL USERS. YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSIBILITY AND RISK IN ACCESSING THE SITE AND THE SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT SPARKYGO, AND ITS AFFILIATES, PARTNERS, AGENTS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS AND ITS THIRD PARTY SERVICE PROVIDERS (the “SPARKYGO Parties”) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY OF ACCURACY OR RELIABILITY OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL OR WRITTEN. THE SPARKYGO PARTIES MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED, MEET ANY STANDARD, BE RELIABLE, NOT FAIL, BE ERROR-FREE, SECURE OR FREE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY INTERRUPTION OF SERVICE, ANY FAILURE, ANY ERRORS OR OMISSIONS, ANY VIRUSES, ANY HARM TO YOUR COMPUTER AND OTHER DEVISES OR YOUR DATA AS A RESULT OF YOUR ACCESS TO THE SITE OR SERVICES AND ANY DELETION OR FAILURE TO STORE OR TO TRANSMIT ANY CONTENT, MATERIAL OR COMMUNICATION MAINTAINED BY THE SITE OR SERVICES.

18. CONTENT DISCLAIMER

From time to time, SPARKYGO may provide information on the Site or through the Services, including but not limited to pet care, pet laws and insurance calculations. This information is provided as a general guide for educational purposes only and should not be construed as the provision of financial, medical or legal advice.

WITHOUT LIMITING ANYTHING IN 17 ABOVE, THE INFORMATION ON THE SITE AND THROUGH ANY SERVICE IS PROVIDED FOR GENERAL EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS IN NO WAY INTENDED AND SHOULD IN NO WAY BE CONSTRUED AS MEDICAL, LEGAL OR FINANCIAL ADVICE OR OPINION AND IS IN NO WAY A SUBSTITUTE FOR PROPER VETENERIAN OR MEDICAL CARE, LEGAL AND/OR FINANCIAL ADVICE. YOU ARE ADVISED TO SEEK THE ASSISTANCE OF COMPETENT PROFESSIONALS TO ADDRESS YOUR MEDICAL, VETERINARIAN, INSURANCE, FINANCIAL AND LEGAL CONCERNS, AND ISSUES.

DO NOT LOOK TO THIS SITE OR THESE SERVICES FOR ANY MEDICAL, VETERINARIAN, LEGAL OR FINANCIAL ADVICE OR OPINION AS YOU DO SO AT YOUR OWN RISK.

IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, SPARKYGO, ITS AFFILIATES, PARTNERS, AGENTS AND THIRD
PARTY SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH ANY CONTENT OR MATERIAL MADE AVAILABLE ON THIS SITE OR THROUGH ANY SERVICE, INCLUDING THROUGH ANY LINK TO A THIRD PARTY SITE.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPARKYGO PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT DAMAGES, ANY LOSS OF DATA, ANY INABILITY TO ACCESS OR UTILIZE THE SITE OR SERVICES, ANY LOSS OF GOOD-WILL, OR INTANTGIBLE AND TANGIBLE LOSSES CLAIMED TO HAVE OCCURRED AS AN INDIRECT OR DIRECT RESULT OF ACCESS TO OR USE OF THE SITE AND/OR THE SERVICES AND CONTENT THEREON, EVEN IF THE SPARKYGO PARTIES WERE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO USE THE SITE OR SERVICES, UNAUTHORIZED ACCESS TO, ALTERATION OF OR TRANISMISSION OF YOUR CONTENT AND/OR MATERIAL, CONDUCT OR CONTENT MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICES BY A THIRD PARTY WHICH IS INACCURATE, MISLEADING, DECEPTIVE, ABUSIVE, THREATENING, DEFAMATORY, INFRINGING, VIOLATIVE OF YOUR PRIVACY OR PUBLICITY RIGHTS, OR THAT INTERFERES WITH YOUR CONTRACT RIGHTS OR BUSINESS OPPORTUNITY, AND ANY CONTENT OR MATERIAL THAT MAY CAUSE YOU EMOTIONAL DISTRESS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SPARKYGO PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SPARKYGO, IF ANY, IN THE SIX MONTHS BEFORE THE CLAIM AROSE FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND ANY CLAIM FOR INFLICTION OF EMOTIONAL DISTRESS) OR OTHERWISE, AND WHETHER OR NOT THE SPARKYGO PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW OF THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THIS SECTION MAY BE INAPPLICABLE TO YOU.

YOU HEREBY RELEASE AND HOLD HARMLESS THE SPARKYGO PARTIES, FROM ANY AND ALL CLAIMS, DAMAGES (ACTUAL AND CONSEQUENTIAL), RESPONSIBILITY AND LIABILITY OF ANY KIND, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR ACCESS, USE OR PARTICIPATION IN THE SITE OR THROUGH THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT YOU EXPRESSLY WAIVE THE PROVISIONS OF §1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES IN PART, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOWN OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.

20. Indemnification

You agree to hold harmless, defend and indemnify the SPARKYGO Parties from any and all loss, liability, or claim, demand or costs, including but not limited to reasonable attorney fees, arising out of any third-party investigation, charge or claim arising out of, or related to, or in connection with your access and/or participation on the Site and Services, and any content or material that you may submit, transmit, publish or post on the Site or through the Services, whether publicly or privately to another User or Users or on the Site or Services generally that violates the rights of any third party or any applicable law or breaches this Agreement including your Representations and Warranties under this Agreement. This includes but is not limited to posting or transmitting any infringing, defamatory, misleading or deceptive content, any unauthorized use of another’s Registration Information, any tortious or criminal activity or content you make available, any infringing content you transmit or make available any and all civil and criminal liability arising out of, related to or in connection with your access and/or use of the Site and Services or another person’s use of your Registration Information, whether authorized or unauthorized, in breach of this Agreement.

21. Mobile Services

This Agreement and all of its provisions herein, including all disclaimers and limitations of liability, apply to any mobile services that may be offered by SPARKYGO. For clarity purposes, any provision that relates to any “Service” or “Services” encompasses and governs your use of any mobile services that SPARKYGO may provide. In order to participate in mobile services, you must have a cell phone registered in your name and you must provide all the hardware and software necessary for any such service. You hereby warrant and represent that you will keep current records of your cell phone registration and that if you replace your cell phone number you will inform us as soon as practicable. You acknowledge and understand that if you do not inform us of such change, personal messages to you may be received by other people that may have possession of the number you registered with SPARKYGO, whether legally or illegally. You acknowledge and accept that regular carrier fees for any texts and data use will be applicable to your use of any mobile service provided by us and that you understand that you will be charged by your carrier in your use of our mobile service. SPARKYGO grants you a limited, non-assignable, revocable, non-exclusive, royalty-free license to access, download and use the Site and any Services on your mobile device, for your own personal and non-commercial use of the Site and Services and for no other purpose. ANY MOBILE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND THE SPARKYGO PARTIES HEREBY DISCLAIM ANY AND ALL IMPLIED OR EXPRESS WARRANTIES, INCLUDING BUT NOT LIMITED TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPARKYGO SHALL NOT BE LIABLE FOR ANY INDIRECT OR DIRECT, ACTUAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF MOBILE SERVICES, INCLUDING ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF YOUR DATA OR THE RECEIPT BY ANOTHER PARTY OF ANY PERSONAL OR CONFIDENTIAL MESSAGES.

22. Term, Termination, and Survival

This Agreement, as it may be amended from time to time, shall remain in effect until either party terminates this Agreement at any time for any or no reason without notice to the other party. A User may terminate this Agreement by deactivating their account by following the instructions as then currently listed on the Account Settings page or by discounting their use of the Site and the Services. Inactive accounts for choosing a period will be automatically deactivated and SPARKYGO reserves the right to assign any name associated with any deactivated account to any other another then-current or new User.
SPARKYGO may terminate this Agreement at any time for any and no reason without prior notice or explanation to you and without any liability by refusing access to the Site and the Services. The following sections of this Agreement shall survive any termination and be effective in perpetuity, 1, 3, 6, 7, 9, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30 and 10 and 14.

23. Amendment

SPARKYGO may unilaterally amend this Agreement from time to time. All amendments shall apply prospectively. We will provide you notice of any material changes of this Agreement by notification to your User Account and by posting on our legal update’s page sparkygo.com any and all changes to this Agreement. Your continued access to and use of the Site and Services will constitute your acceptance to any amendments that may be made. In the event of an inconsistency between older versions of the Agreement and any new terms that may be added or amended, the most current amendments will take precedence and be controlling.

24. No Injunctive Relief

No User shall have the right to injunctive other equitable relief, including rescission or be able to enjoin the operation of the Site and Services nor any content made available therein.

25. Assignment, Delegation

You may not assign or delegate any rights or obligations under this Agreement and any such purported assignment or delegation shall be null and void. SPARKYGO may assign or delegate all and any of its rights and obligations under this Agreement to any party without notice to you.

26. Waiver

The failure of SPARKYGO to exercise or enforce any right it may have under this Agreement or any provision of this Agreement shall not operate as a waiver of such right or provision by SPARKYGO.

27. Severability

If any provision of the Agreement is found by a proper authority to be unenforceable or invalid, it shall be modified to the extent permissible under the governing law in order to render it enforceable, if, by such modification, it will affect the intention of the parties. However, if a court of competent jurisdiction finds the provision cannot be modified as such and is void, illegal, invalid or unenforceable in its entirety, such unenforceability or invalidity shall not affect the other provisions of this Agreement and this Agreement shall be construed as if such unenforceable or invalid provision had never been contained herein.

28. Captions

Paragraph headings are for convenience of reference only and shall not be considered a part of this Agreement.

29. Governing Law and Jurisdiction

The interpretation of this Agreement and the rights of the parties hereunder shall be exclusively governed by the substantive laws of the State of California, excluding its conflict of laws rules. The state and federal courts of California shall have exclusive jurisdiction over any controversy or claim arising from this Agreement and all Users agree to submit to the exclusive personal jurisdiction and venue of California courts and the exclusive venue of San Francisco, California.

30. Entire Agreement

This Agreement, along with the Privacy Policy and Terms of Service, which is incorporated by reference hereto, constitutes the entire agreement between you and SPARKYGO as to the subject matter contained in this Agreement and all prior understandings and agreements are merged herein and succeeded hereby.

I HAVE READ AND UNDERSTOOD THIS AGREEMENT, INCLUSIVE OF THE PRIVACY POLICY AND AGREE WITH ALL THE PROVISIONS THEREIN AND BY ACCESSING THE SITE AND SERVICES I UNDERSTAND AND ACKNOWLEDGE THAT I AM BINDING MYSELF TO A LEGALLY BINDING AGREEMENT AND I AM VOLUNTARILY ENTERING INTO THIS AGREEMENT.

SparkyGo User Agreement