Spark Shield Terms and Conditions of Sale
Your purchase of the Spark Shield (the “Product”) from The Spark Project, LLC (“Spark Project”) constitutes your agreement to be bound by these Terms and Conditions of Sale (“Terms and Conditions”) and any additional terms we provide.
THIS IS A LEGAL AGREEMENT. BY PURCHASING THE PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE THE PRODUCT AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCT.
We reserve the right to change these Terms and Conditions at any time, so please review the Terms and Conditions each time prior to making a purchase. Every time you purchase the Product from Spark Project, the Terms and Conditions in force at that time will apply between you and Spark Project. If you have any questions regarding these Terms and Conditions, you can contact us utilizing the contact information provided in the “Contact Us” section of these Terms and Conditions.
As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms and Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to product or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights, you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms and Conditions will affect those other legal rights.
By providing a credit card or other payment method accepted by Spark Project, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
2. Availability, Pricing, Delivery, and Taxes
The Product is subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering the Product without prior notice. The price for the Product is subject to change at any time, but changes will not affect any order for the Product you have already placed. Spark Project calculates and charges sales tax in accordance with applicable laws.
The Product will be delivered within a reasonable time after the receipt of your purchase order, subject to the availability of the Product. Spark Project shall not be liability for any delays, loss, or damage in transit. Unless otherwise agreed to in writing by the parties, Spark Project shall delivery the Product to the address set forth in the purchase order (the “Delivery Point”) using Spark Project’s standard methods for packaging and shipping the Product. You shall be liable for all shipping costs. Title and risk of loss passes to you upon delivery of the Product at the Delivery Point.
Purchases made are intended for end users only, and are not authorized for resale.
4. Returns for Refund
If, for any reason, you want to return the Product you purchased for a refund, you must notify us no later than 15 days following the date of purchase (the “Cancellation Period”). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Spark Project customer support and clearly stating your desire to return the Product. Although it will not affect your right to a refund, please include details on when you purchased the Product and your reason for returning the Product. To receive a refund, you must return your Product within 15 days following the day on which you notify Spark Project customer support that you desire to return your Product. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including the cost of shipping the Product back to Spark Project). We will refund the price you paid for the Product plus original delivery cost (up to the value of our Ground delivery option), less the value of any promotional merchandise or discounts you received. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling of the Product.
We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Spark Project of the returned Product. The Product is not eligible for a refund after the 15-day period.
5. Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Ohio. You agree to the non-exclusive jurisdiction of the courts in Columbus, Ohio for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms and Conditions or your use of the Product, including any disputes relating to the existence or validity of these Terms and Conditions, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Columbus, Ohio.
The Product is provided on an “as-is” basis. You use the Product at your own discretion and risk. You will be solely responsible for (and Spark Project disclaims) any and all loss, liability, or damages resulting from your use of the Product.
No ballistic resistant material or product has been created that is 100% bullet proof or that can guaranty 100% protection from projectiles. You acknowledge and accept that Spark Project cannot guaranty that the Product is 100% bullet proof or bullet resistant and you accept responsibility for any and all loss, liability, or damages resulting from the failure of the Product to be 100% bullet proof and bullet resistant.
7. Indemnification Limitation of Liability
You will defend, indemnify, and hold harmless Spark Project and its directors, officers, shareholders, members, managers, and employees from and against any loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost, fees, or expense (including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers) (“Claims”) arising out of or occurring in connection with (i) your negligence or willful misconduct of including but not limited to: (1) any misuse or modification of the Product, (2) any act (or failure to act) by you in contravention of any safety procedures or instructions that Spark Project provides to you, or (iii) the failure to, operate or maintain the Product in accordance with the instructions; (ii) your breach of these Terms and Conditions; or (iii) your violation of any law or the rights of a third-party.
Nothing in these Terms and Conditions and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SPARK PROJECT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE PRODUCT, EVEN IF SPARK PROJECT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SPARK PROJECT’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO SPARK PROJECT FOR THE PRODUCT IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SPARK PROJECT DISCLAIMS ALL LIABILITY OF ANY KIND OF SPARK PROJECT’S LICENSORS AND SPARK PROJECTS.
8. Data Protection
9. Electronic Communications
You are communicating with Spark Project electronically when you use contact Spark Project. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order the Product, we collect and store your email address. From that point forward, your email address is used to send you information about Spark Project’s products and services unless you opt-out of such emails using the opt-out link in the emails.
Spark Project may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Spark Project account, hard copy, or posting of such notice on the Spark Project website. Spark Project is not responsible for any automatic filtering you or your network provider may apply to email notifications. Spark Project recommends that you add us to your email address book to help ensure you receive email notifications from Spark Project.
11. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12. Protection of Confidentiality of Intellectual Property Rights
Notwithstanding the foregoing, Spark Project may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
If any part of these Terms and Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms and Conditions will remain in full force and effect.
The obligations in Sections 6, 7, and 8, and 9 through 15 will survive any expiration or termination of these Terms and Conditions.
Failure or delay by us to enforce any these Terms and Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
16. Contact Us
You may contact the Spark Project at: