1.1.1 "Apps" means any applications developed by Spark Hire.
1.1.2 "App Services" means any services provided by Spark Hire through its Apps.
1.1.3 "Consumer" means any individual or entity that uses any of the Spark Hire Services. Where applicable, the term "Consumer" shall encompass all customers.
1.1.4 "Content" means all material, whether publicly posted or privately transmitted, that Customers upload, post, broadcast, email, transmit, or otherwise make available on or through any of the Spark Hire Services.
1.1.5 "Software" means any necessary software used in connection with the Spark Hire Services.
1.1.6 "Spark Hire Services" means the suite of features, products and services offered through Spark Hire, its Apps, its App Services, the Website, and the Website Services.
1.1.7 "Spark Hire Trademarks" means any trademarks, tradenames, logos, and other commercial designs of Spark Hire or licensed to Spark Hire, whether or not formal registration exists including, but not limited to, Spark Hire.
1.1.8 "Strategic Partners" means those trusted partners that Spark Hire employs, engages, or retains to perform functions and/or provide services on its behalf.
1.1.9 "Sub Accounts" means subsidiary accounts under a primary account for an entity Customer such as a consultant group or employer.
1.1.10 "User Content" means information content created by a Customer through the Website or Website Services.
1.1.11 "Username" means the valid email address provided by each Customer to be used as their username or login identification.
1.1.12 "Website" means all of the information and content (in any format whatsoever) accessible through the World Wide Web at the address sparkhire.com.
1.1.13 "Website Services" means the services provided by Spark Hire through sparkhire.com.
1.1.14 "Staffing Customer" means a company that provides staffing services to their own third-party employer customers.
1.1.15 "Third-Party Customer" means any customer of a Staffing Customer. A Third-Party Customer may or may not also be a Spark Hire customer. Where a Third-Party customer is not also a Spark Hire customer, such Third-Party Customer will not necessarily have agreed to Spark Hire policies.
(c) as otherwise required by law.
3. Spark Hire Services.
3.1 Description of Spark Hire Services. Spark Hire provides Internet based services through which individual job seekers, individual consultants, and consultant groups can seek employment as well as enabling employers (either directly as customers of Spark Hire or through Staffing Customers that use Spark Hire Services) to find and hire individual job seekers, individual consultants, or consultant groups for employment. Spark Hire provides Spark Hire Services through the Website, sparkhire.com, Website Services, its Apps, App Services, and all other suite of features, products and services offered through Spark Hire from time to time.
3.2 No Guarantees of Employment or Satisfaction Thereof
3.2.1 Although Spark Hire serves as a portal for individuals and entities to seek employment and employers (either directly as customers of Spark Hire or through Staffing Customers that use Spark Hire Services) to seek individuals and entities to employ, Spark Hire is not an employment agency.
3.2.2 Spark Hire does not guarantee that any individual or entity will find employment through the Spark Hire Services. Similarly, Spark Hire does not guarantee that any employer will find an individual or entity to employ.
3.2.3 Spark Hire does not make any representations as to the qualifications of any individual, entity or employer.
3.2.4 Additionally, where an individual, entity, group or employer successfully secures employment, Spark Hire makes no guarantees or representations as to the satisfaction of such employment.
3.3 Video Content and Services.
3.3.2 By publishing your profile and/or creating a video associated with your profile ("Profile Video"), you expressly authorize Spark Hire to enable video recording of you; to record your Profile Video; to store the recordings of such Profile Videos; and to use the Profile Videos to provide the Spark Hire Services. Additionally, you expressly authorize other users of Spark Hire Services to access your Profile Videos and do so on more than one occasion. You expressly authorize Spark Hire to enable some Spark Hire Customers, as applicable, to download your Profile Video and other content on their servers. Further, you expressly authorize our Staffing Customers to submit your Profile Videos to their Third-Party Customers who may or may not be Spark Hire customers.
3.3.3 By participating in any interviews, you expressly authorize Spark Hire to enable video recording of your interviews; to record such interviews; to store the recordings of such interviews; and to use the interviews to provide the Spark Hire Services. Additionally, you expressly authorize the participants in such interviews to access recordings of the interviews and do so on more than one occasion. Further, you expressly authorize our Staffing Customers to submit your interviews to their Third-Party Customers who may or may not be Spark Hire customers.
3.3.4 Employers are expressly prohibited from using any content or information in any videos in violation of any applicable laws, particularly employment laws.
3.3.6 All Customers and participants in the video features (including employers and Staffing Customers) provided through Spark Hire Services expressly indemnify Spark Hire for their misuse, intended or unintended, of the videos, their content, and/or information conveyed therein by them, their agents, their employees, their customers, and any other parties to whom information is provided. This indemnification shall include, but not be limited to, payment of all legal fees (including, but not limited to attorney's fees, paralegal fees, etc.) and costs incurred by Spark Hire in relating to any misuse of videos, their content, and/or information conveyed therein. In all cases, Spark Hire shall have the right to choose its own counsel.
3.4 You may have the opportunity to share your information to third parties by affirmatively providing them access to such information. You should be aware that Spark Hire cannot control what such third parties do with your information or access thereto. Consequently, you accept all responsibility for the use of, or access to, your information by third parties to whom you provide your information or access thereto.
4. Charges, Billing and Payments
4.1.1 Prices remain subject to change without notice.
4.1.2 Spark Hire reserves the right to change the prices for any of the Spark Hire Services including, but not limited to, any prices associated with subscription service plans.
4.1.3 Should Spark Hire change any pricing, Spark Hire shall provide its existing customers with at least thirty (30) days notice consistent with Section 17.15.
4.2 Method of Payments
4.2.1 To purchase Spark Hire Services, you must provide Spark Hire with a valid credit card or checking account debit information.
4.2.2 Notwithstanding 4.2.1, Spark Hire reserves the right to choose the forms of payment accepted for Spark Hire Services, to refuse select forms of payment, and to refuse service to anyone.
4.2.3 Spark Hire presently accepts payments using methods secured by a 256 bit SSL encryption certificate to accept payments from Customers.
4.2.4 Spark Hire reserves the right to add or remove particular third parties from whom it will accept payments.
4.3 Advance Billing
4.3.1 Spark Hire bills in advance for Spark Hire Services on a recurring
4.3.2 Spark Hire may, in its sole discretion, provide you with monthly, quarterly, semi-annual, and/or annual subscription service plans from which to choose, depending on your payment method, account history, and/or account preferences.
4.3.3 Should Spark Hire provide you with a subscription service plan that encompasses more than one month (quarterly, semi-annual, or annual), Spark Hire may, in its sole discretion, provide you the option to pay for the entire subscription service plan in one or multiple advance payments, depending on your payment method, account history, and/or account preferences.
4.3.4 By choosing your subscription service plan, method of payment, and applicable billing cycle, you authorize Spark Hire to use the form of payment specified in your account preferences or settings to bill you automatically in advance for the chosen Spark Hire Services on a recurring basis for each applicable billing cycle until your account has been cancelled.
4.3.5 Should you decide to cancel your account, your account will be cancelled after the conclusion of your then-existing service plan.
. Purchased services are non-refundable. This means that there will be no refunds for periods where the Services were unused or for partial subscription service plans should your account be cancelled.
4.5 Timeliness of Payments.
Payments must be made at the time of purchase. You (and you alone) are responsible for all charges associated with connecting to the Website, Website Services, and/or Spark Hire.
4.6 Additional Charges
4.6.1 Third Party Charges. All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities or other applicable third parties. You shall be responsible for the payment of all such taxes, levies, withholdings or duties in addition to the fees.
4.8 Special Offers. Any special offers, guarantees, and coupons must be presented to Spark Hire prior to entering into an agreement for Spark Hire Services. Spark Hire cannot modify any contract prices after agreement entered and/or Spark Hire Services have begun. As such, Spark Hire cannot honor special offers, guarantees, and coupons after a customer has made an initial payment and begun Spark Hire Services. Additional terms for each of the special offers, guarantees, and coupons that Spark Hire may offer from time to time may be included with such special offers, guarantees, and coupons.
4.9 Reserved for Future Use.
5. Consumer and Employer Conduct
5.1 Spark Hire Services shall be used for lawful purposes only.
5.1.1 You hereby affirm that your organization is an equal opportunity employer, offering employment without regard to race, color, religion, sex, national origin, age, sexual orientation, disability, or citizenship unless legally required.
5.3 At time of registration, every Customer must provide certain information. Every Customer must specify a username or login identification ("Username") to access Spark Hire Services. The Username shall be a valid email address. Every Customer must provide a Display Name that must be your legal name (for an individual, this would be your full name; for an entity, this would be your entity's name). Every Customer must also establish a password.
5.3.1 Please note that you may not use a Username or Display Name that is a Username or Display Name of another person; that is violating a third party's intellectual property rights; or, that is offensive or inappropriate.
5.4 Our employer Customers may create sub accounts ("Sub Accounts") for use by members of their specific entity.
5.4.2 Sub Accounts must be provided only to authorized personnel.
5.4.3 Each authorized individual must be provided his or her own Sub Account.
5.5 You shall be solely and entirely responsible for any and all use of the Spark Hire Services through your Customer Account.
5.5.1 As a Customer, you may not permit any other person to use your Customer Account, except for those authorized individuals provided with their own Sub Accounts where applicable.
5.5.2 Your Customer Account, Username and/or password may not be assigned or transferred to any other person or entity.
5.5.3 You must promptly inform Spark Hire of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Username or password.
5.6 Employer Customers of Spark Hire Services shall be responsible for complying with all applicable regulations, statutes, laws and guidelines relating to hiring, interviewing, and recruiting employees as well as any matters related thereto.
5.6.1 In addition to agreeing to all terms applicable to Employer Customers, Staffing Customers shall ensure that their Third-Party Customers agree to be bound by either (a) Spark Hire policies or (b) the policies of the Staffing Customer that provide for the protection of candidate information consistent with the protections to which the Staffing Customers agree by using Spark Hire Services.
5.7 The Spark Hire Services shall not be used for any of the following:
5.7.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;
5.7.2 Intentionally violating any intellectual property rights of a third party;
5.7.3 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
5.7.4 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Spark Hire in its sole discretion;
5.7.5 Posting or transmitting, or causing to be posted or transmitted, via the Spark Hire Services any nudity;
5.7.6 Posting or transmitting, or causing to be posted or transmitted, via the Spark Hire Services any spam;
220.127.116.11 Spark Hire maintains a strict policy forbidding any spam or misuse of email services within its Spark Hire Services.
5.7.7 Posting or transmitting, or causing to be posted or transmitted, via Spark Hire Services any materials advertising any business other than Spark Hire;
18.104.22.168 Spark Hire may provide certain Customers an opportunity to advertise via Spark Hire Services after receiving express written permission from Spark Hire. For information regarding advertising, contact Spark Hire via the contact form located at firstname.lastname@example.org
22.214.171.124 Additional and/or different rules may apply in the event Spark Hire dedicates a special forum in the future to the promotion and/or offering of services by Customers.
126.96.36.199 The publication of customer reviews of Spark Hire Services will not constitute advertising.
188.8.131.52 Spark Hire expressly forbids Customers from publishing fake, fraudulent or false reviews about themselves on Spark Hire.
184.108.40.206 Spark Hire expressly forbids businesses from publishing negative reviews about their competitors – real or fake – on Spark Hire.
5.7.8 Seeking to obtain private financial information from any Consumer;
5.7.9 To impersonate any other individual;
5.7.10 To provide any false information;
5.7.11 Registering or attempting to register an account with Spark Hire without Spark Hire's express authorization after having been terminated or suspended by Spark Hire for any reason; and/or
5.7.12 Attempting to interfere with Spark Hire's security measures.
5.8 Should any Consumer believe that another individual has violated any of the foregoing terms and conditions, the Customer should immediately notify Spark Hire email@example.com
5.10 Customers assume all liability for anything they purchase using Spark Hire Services, whether intended for themselves or for a third party.
5.11 Cancellation of Customer Account.
5.11.2 To effectively cancel your Customer Account, please contact us at firstname.lastname@example.org
5.11.3 Upon completing the cancellation procedure in 5.11.2, the cancellation of your Customer Account will take place immediately.
5.11.4 Upon cancellation, all of your Content may be deleted permanently. Spark Hire shall not be responsible for the loss of any Content due to the cancellation (or termination) of a Customer Account.
5.11.5 Spark Hire is not responsible should a Customer Account remain active if the cancellation procedure described in 5.11.2 is not followed.
5.12 Termination of Customer Account.
5.12.1 Spark Hire reserves the right to refuse its Spark Hire Services to anyone should it believe that the Spark Hire Services have been abused. For a non-exclusive list of what Spark Hire considers abuse, you should refer to Section 5.7 above. Though specific prohibited items have been listed, Spark Hire reserves the right to consider any action or conduct inconsistent with the intended use of Spark Hire Services to constitute abuse.
5.12.5 Additionally, Spark Hire may terminate an account immediately in the event that Spark Hire believes, in its sole discretion, that a Customer is "flooding" the Spark Hire Services.
5.12.6 Spark Hire also reserves the right to suspend or terminate a Customer Account should Spark Hire become involved in pending litigation or other similar dispute with the Customer, in relation to the Customer Account, or for any other reason. Should the Customer become involved in litigation or other similar dispute in relation to the Customer Account, Spark Hire also may suspend or terminate the Customer Account immediately and without notice.
5.12.7 Consequences of Termination.
220.127.116.11 Should your account become terminated, Spark Hire may, in our sole discretion and without liability to You, remove and discard any information associated with your account including, but not limited to, any Content or User Content.
18.104.22.168 Should your account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Customer Account and/or the termination thereof.
22.214.171.124 Spark Hire shall not be liable to you or any third-party for any termination of your use of the Website or Spark Hire Services.
126.96.36.199 Any Customer whose account has been terminated by Spark Hire may not access the Spark Hire Services without the prior express written permission of Spark Hire.
188.8.131.52 Spark Hire may also refuse registration, terminate an account, and/or refuse Spark Hire Services to any person who registers or attempts to register an account with Spark Hire without authorization after having had an account previously suspended or terminated by Spark Hire. In particular, should Spark Hire identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse or terminate registration.
5.12.8 Should the Spark Hire Services become terminated, all Customer Accounts shall be terminated immediately, without any prior notifications by Spark Hire.
6.1 Spark Hire does not endorse User Content provided by Customers that is made available via Spark Hire Services.
6.3 Spark Hire is not responsible for any false, defamatory, libelous, or slanderous Content posted by its Customers.
6.4 If you believe any Website Content violates your rights in any way, you may contact Spark Hire via email@example.com
7. Intellectual Property Rights
7.1 You acknowledge and agree that the Spark Hire Services and any necessary software used in connection with the Spark Hire Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that Spark Hire or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Spark Hire Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Spark Hire or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, Website Services, Apps, App Services, Spark Hire Services, or the Software, in whole or in part.
7.2.1 Spark Hire shall possess and retain all copyrights to material and Content created and/or produced through the Spark Hire Services including, but not limited to, interviews and professional profiles material.
7.2.4 Customers and Consumers may not frame any elements of the Website within any other website.
7.2.5 Spark Hire may use content obtained from third party sources. All rights 10 to such third party content remains with the owners of such third party content.
7.3.1 You agree to not use Spark Hire Trademarks or any mark that is confusingly similar to such trademarks.
7.3.2 Nothing on the Website, on the Apps or through the Spark Hire Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Spark Hire Trademarks displayed on the Website, on the Apps or through the Spark Hire Services without Spark Hire's prior express written permission.
7.3.3 All goodwill generated from Spark Hire Trademarks will inure solely to Spark Hire's benefit.
7.3.4 All other companies' names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Spark Hire.
7.3.5 Spark Hire reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.
7.3.6 You permit Spark Hire to use your trademark, if applicable, in a manner consistent with fair use. Upon receiving written request consistent with Notices provided herein, Spark Hire will remove a customer’s trademark.
7.4 Destruction of Materials.
7.5 Limited License.
8. DMCA Policy
8.1 Spark Hire respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting on the Website or through Spark Hire Services any materials that violate another party's intellectual property rights. When Spark Hire receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act ("DMCA").
8.2 If you believe that any material on the Website or through the Spark Hire Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.
8.3 If you believe that your own copyrighted work is accessible on the Website or through the Spark Hire Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:
A. Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Spark Hire can locate the material;
B. Identify the URL or other specific location on the Website or Spark Hire Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above;
C. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
D. Include 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;
E. Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf; and,
F. Include your name, mailing address, telephone number and email address.
8.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below:
Spark Hire, Inc.
1500 Skokie Blvd., Suite 101A Northbrook, Illinois 60062
Fax to: 800 219 0462
8.5 Spark Hire has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. Spark Hire may also in its sole discretion limit access to the Website and Website Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
9. RESERVED FOR FUTURE USE
10. RESALE OF SERVICE
Unless otherwise agreed to in writing by Spark Hire, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of the Website, Apps, or Spark Hire Services; use of the Website, Apps, or Spark Hire Services; or access to the Website, Apps, or Spark Hire Services.
12. DISCLAIMER OF WARRANTIES
12.1 THE WEBSITE, APPS, AND SPARK HIRE SERVICES ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
12.2 SPARK HIRE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
12.2.1 ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF:
184.108.40.206 THE WEBSITE/WEBSITE SERVICES;
220.127.116.11 APPS/APP SERVICES;
18.104.22.168 SPARK HIRE SERVICES; AND,
22.214.171.124 THE ABILITY OF THE WEBSITE, APPS, AND/OR SPARK HIRE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
12.2.2 ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
12.2.3 ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
12.2.4 ANY WARRANTIES OF NON-INFRINGEMENT; AND
12.2.5 ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF SPARK HIRE IN THE WEBSITE, APPS, AND/OR SPARK HIRE SERVICES, OR ANY WARRANTY THAT THE WEBSITE, APPS, AND/OR SPARK HIRE SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
12.3 SPARK HIRE IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE WEBSITE, APPS, AND/OR SPARK HIRE SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, SPARK HIRE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SPARK HIRE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.5 SPARK HIRE MAKES NO WARRANTY THAT THE WEBSITE, APPS, SPARK HIRE SERVICES, AND/OR CONTENT THEREON WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR THE WEBSITE/WEBSITE SERVICES; APPS/APP SERVICES; SPARK HIRE SERVICES; AND, THE ABILITY OF THE WEBSITE, APPS, AND/OR REQUIREMENTS
12.6 WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SPARK HIRE SERVICES, HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SPARK HIRE SERVICES, OR OTHER INTERACTION WITH THE SPARK HIRE SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SPARK HIRE SERVICES. WE DO NOT WARRANT THAT (i) THE SPARK HIRE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SPARK HIRE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SPARK HIRE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SPARK HIRE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
12.7 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE WEBSITE, WEBSITE SERVICES, APPS, APP SERVICES, AND/OR SPARK HIRE SERVICES.
13. THIRD PARTY LINKS AND PRODUCTS
13.1 IN CONNECTION WITH THE SPARK HIRE SERVICES, SPARK HIRE MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
13.2 SPARK HIRE NEITHER MONITORS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEBSITES OR OVER SUCH THIRD PARTY PRODUCTS AND SERVICES.
13.3 SPARK HIRE IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY WEBSITES; (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; (C) THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES: AND/OR (D) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.
13.4 ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY
13.5 SPARK HIRE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
13.6 SUCH THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE ON THIS WEBSITE DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.
13.7 SPARK HIRE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH WEBSITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES. FURTHER, SPARK HIRE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES.
13.8 YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER SERVICES PROVIDED BY SPARK HIRE, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. SPARK HIRE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CONSUMERS AND CUSTOMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES' POLICIES AND TERMS.
14. LIMITATION OF LIABILITY
14.1 IN NO EVENT WILL SPARK HIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS; OR ITS SUBSIDIARIES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, AND ANY OTHER KIND OF DAMAGE OR INTANGIBLE LOSS), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE WEBSITE, APPS, OR THE SPARK HIRE SERVICES, EVEN IF SPARK HIRE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.
14.2 SPARK HIRE SHALL BE EXCUSED FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT; NATURAL CATASTROPHES; FORCE MAJEURE; ACTS OF GOD; INTERNET DISRUPTIONS OR UNAVAILABILITY; FAILURE OF OPERATING SYSTEMS; UNAVAILABLE NETWORK CONNECTIONS; IMPERFECT COMPUTER TRANSMISSIONS; LABOR DISPUTES: POWER OUTAGES; LOSS OF DATA; OR SIMILAR OCCURRENCES.
14.3 SPARK HIRE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SPARK HIRE SERVICES. SIMILARLY, SPARK HIRE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD UPDATES TO THE SOFTWARE OR CODE REQUIRE THE INSTALLATION OF OTHER THIRD PARTY SOFTWARE.
14.4 YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH:
(i) THE USE OR THE INABILITY TO USE THE SPARK HIRE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SPARK HIRE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SPARK HIRE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SPARK HIRE SERVICES. FURTHER, THE MAXIMUM AMOUNT OF DAMAGES THAT SPARK HIRE SHALL BE LIABLE FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS THE USER HAS PAID TO SPARK HIRE.
14.5 SPARK HIRE SHALL NOT BE LIABLE FOR ANY DAMAGES.
14.7 THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.
14.7.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE WEBSITE, APPS, AND/OR SPARK HIRE SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE, APPS, AND/OR THE SPARK HIRE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE, APPS, AND/OR THE SPARK HIRE SERVICES WILL BE CORRECTED.
14.7.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI- CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE WEBSITE, APPS, AND SPARK HIRE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
14.8 THESE DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS AND/OR CAUSES OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.
14.10 SPARK HIRE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF ANY CONTENT OBTAINED THROUGH AND/OR DOWNLOADED FROM THE WEBSITE OR THROUGH THE APPS.
14.11 SPARK HIRE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING THROUGH ANY EMPLOYMENT RELATIONSHIP REACHED BY USE OF THE APPS, WEBSITE AND/OR SPARK HIRE SERVICES.
14.12 SPARK HIRE SHALL NOT BE LIABLE FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE WEBSITE, APPS, AND/OR SPARK HIRE SERVICES. PARTICULARLY, SPARK HIRE SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY AN EMPLOYER CUSTOMER.
14.13 SPARK HIRE SHALL NOT BE LIABLE FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE WEBSITE, APPS, AND/OR SPARK HIRE SERVICES DELIVERED TO THIRD-PARTY CUSTOMERS OF OUR STAFFING CUSTOMERS. PARTICULARLY, SPARK HIRE SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY A THIRD-PARTY CUSTOMER OF OUR STAFFING CUSTOMER
14.14 THE FOREGOING LIMITATIONS OF LIABILITY SHALL ALSO EXPRESSLY APPLY TO ANY DAMAGES, INJURIES, OR CLAIMS (OF ANY KIND) CAUSED BY AND/OR EMANATING FROM THE DISCLOSURE OF ANY PARTY'S IDENTITY OR IDENTIFYING INFORMATION.
15.EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11, 12, 13, and 14 MAY NOT APPLY TO YOU.
16. Changes to Service.
16.2 For changes to pricing, please see Section 4.4.
16.3 Spark Hire may update its Software and/or code, in whole or in part. These updates may require your computer to install additional third party software.
17. General Provisions
You acknowledge that you have read, understood, and agreed to all terms contained herein.
17.2 Applicable Law.
17.3 Arbitration Clause
17.4 Class Actions Waived.
17.5 Entire Agreement.
17.6 Incorporation Clause.
17.8 Independent Parties.
17.9 Jury Trial Waived.
17.10 Paragraph and Section Headings.
17.12 Savings Clause.
17.13 Statute of Limitations.
17.16 Restricted Locations.
17.16.1 The Website, Website Services, Apps, App Services and/or Spark Hire Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
17.16.2 The Website and Apps may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Website, Website Services, Apps, App Services and/or Spark Hire Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
17.16.3 You agree to comply with all local rules regarding online conduct and what Spark Hire deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.7 above.
17.16.4 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
17.17.2 Spark Hire shall provide notice of such changes by posting the revised policies to the applicable Spark Hire owned websites and by either (a) providing you a message the next time you login into your account or (b) sending you electronic mail to the email address you provided when creating your account.
You acknowledge and agree that the form and nature of the services that Spark Hire provides may change from time to time without prior notice to you. Unless explicitly stated otherwise, any new feature that augments or enhances the current Website, Website Services, Apps, App Services, and/or any Spark Hire Services shall be subject to these Terms.