Ampere Spark Foundation, Inc.
Terms of Service
Last updated: Monday, May 17, 2021
If you do not agree to these Terms, do not join, use or access the Site. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using the Site.
1. About Company
The Site provides an online platform that is designed to promote connectivity and collaboration among Users for the common goal of exchanging ideas, learning, and finding opportunities.
The Site is not a retail store or merchandise delivery platform. Others may offer their own products and services through our Site and we aren’t responsible for those third-party activities. The Company is not liable or responsible for User compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, the Company does not guarantee the information exchanged on the Site and does not independently verify, and is not liable for, any representations made by Users on the Site.
Site Users are not employees, partners, agents, joint ventures, or franchisees of Company. You hereby acknowledge that the Company does not supervise, direct, control, or monitor Site Users. Company expressly disclaims any responsibility or liability arising from use of the Site.
By using the Site, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for the content or information exchanged or displayed on the Site. We cannot always prevent this misuse of our Site, and you agree that we are not responsible for any such misuse. The Company does not endorse any particular services or information exchanged by Users on the Site. If you are a User offering services or engaging in the exchange of information on the Site, you represent and warrant that you have all the required licenses and will provide services consistent with all rules, regulations, ordinances, and applicable laws. Any dispute between among Users must be handled directly between such Users.
As provided in greater detail in these Terms, you agree and acknowledge the following terms, which are significant:
− The Site is licensed, not sold to you, and you may use the Site only as set forth in these Terms;
− Your use of others’ content and information posted on our Site, is at your own risk;
− Your use of the Site may be subject to separate third-party terms of service and fees, including without limitation your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility; and
The Site is provided “as is” without warranties of any kind, and our liability to you is limited. No joint venture, partnership, employment, or agency relationship exists between you, Company or any third-party provider as a result of the Terms or use of the Site.
2. Limited license.
The Site is licensed, not sold, to you for use only under the terms of this license. Company reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Company hereby grants you a personal, limited, non-sublicensable, non- transferable, and revocable license to access the Site on compatible devices that you own or control, solely for your own personal, non–commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Site. We may revoke this license at any time, in our sole discretion.
You may not rent, lease, lend, sell, redistribute or sublicense the Site. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you that replace and/or supplement the original Site, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. Services and Use of Company.
In exchange for the access and use of the Site, you agree to the following:
− You agree to not infringe, violate or breach any protected intellectual property rights;
− You will not violate, or assist others to violate, any right of a third party, including intellectual property rights, or otherwise engage in the unauthorized use of any proprietary content or materials;
− You may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Site, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Site without prior written authorization;
− You will not harvest or otherwise collect information about the Site or its Users, without consent;
− You agree not to access or use the Site in a manner inconsistent with individual human use;
− You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
− You will not post false, inaccurate, incomplete, misleading, deceptive, defamatory or libelous information;
− You will not engage in fraud, including impersonating any person or entity, or accessing any other Site account without permission;
− You agree not to decipher, reverse engineer, decompile or disassemble the Site, or the software used to provide the Site, in whole or in part, or authorize, direct, or cause a third party to do so;
− You agree not to access, tamper with, or use non-public areas of the Site or of Company’s computer systems and infrastructure;
− You agree not to use the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by you, nor for any such transmissions that you may receive as a result of using the Site;
− You agree to grant the Company a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Site without any further consent, notice and/or compensation to you or others;
− You agree that your use of the Site may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms; and
− You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Site.
You may use the Site only if you are 18 years of age or older and capable of forming a binding contract with Company and third parties on the Site, and are not otherwise barred from using the Site under applicable law. You also represent that you have not been previously banned, suspended or removed from the Site and that your registration is in compliance with these Terms and any and all applicable laws and regulations.
5. Accounts and Registration.
To become a User on the Site, you’ll need to establish an account. When you register for an account, you may be required to provide us with information about yourself including, but not limited to, your name, e-mail address, phone number, and other contact information. You agree that the information you provide to us will be accurate at all times and will be updated by you should any of the information you provide us becomes inaccurate or no longer up-to-date. When you register, you may need to create a Username and password. In order to protect your account, please keep accounts details and password confidential and notify us immediately upon any unauthorized use of your account. You are responsible for all activities that occur under your account.
Company will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by us or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
6. Prohibited Uses.
Uses which are prohibited in connection with using or accessing our Site, include, but are not limited, to the following:
− Posting, listing or uploading any product or merchandise that is illegal or inappropriate the Site;
− Breaching or circumventing any laws, regulations, third-party rights or our systems, policies, or determinations;
− Posting of false, inaccurate, misleading or deceptive listings;
− Infringing the copyright, trademark, patent, publicity, moral, database, and/or intellectual property rights that belong to Company or third parties;
− Using, displaying, mirroring or framing the Site or any individual element within the Site, Company’s name, any Company trademark, logo, or other proprietary information;
− Using the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
− Violating any applicable law or regulation; or
− Encouraging or enabling any other individual to do any of the foregoing.
Company is under no obligation to monitor access to or use of the Site or to review or edit any content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and with applicable law or other legal requirements. If we believe you are misusing or abusing the Site in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account and access to our Site, and take any and all technical and legal steps to prevent you from using our Site. We may choose to strictly enforce these terms in our sole discretion or to be more lenient with policy enforcement in an effort to do the right thing for Users.
7. Changes to Terms or Site.
We may update our Terms, as well as the Site, from time to time in our sole discretion. If updates are made, the updated terms and conditions will be posted to the Site, and/or may also be sent by alternative means of communication. If you continue to use the Site, after we have posted any updated terms and conditions, you thereby agree and accept to be bound by the changes made. If you do not agree or accept to be bound by the changes, you may not use the Site any longer. Our Site is evolving over time thus we may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion. We encourage you to review the Terms periodically to maintain abreast of any changes.
8. Merchandise for sale on Site.
Some Users may choose to list products or merchandise for sale on our Site. Users agree to assume full responsibility for the product offered and the accuracy of the content provided. Any User who chooses to buy a product or merchandise listed for sale on the Site acknowledges and understands that the Company does not manufacture or control any of the products offered for sale on the Site. The availability of a product does not indicate Company’s affiliation with or endorsement of any product or manufacturer. Accordingly, we do not provide any warranties with respect to the products.
Users that use Site to offer for sale products or merchandise represent and warrant that, for all such content, User owns or otherwise controls all necessary rights to do so and to meet the obligations under these Terms, and that such content is accurate. Company takes no responsibility and assumes no liability for any content provided by a Site User or any third party.
9. General Payment Terms.
9a. Fees and Taxes.
Access to the Site is free. We may change our fees from time to time by posting the changes to our Site. Users are liable for all fees and taxes arising out of any transactions made using some or all of our Site.
These Terms are effective until terminated by you or Company as provided below. We may suspend or terminate your access to and use of the Site, including suspending access to or terminating your account, at our sole discretion, and any time and without notice to you. Your rights under these Terms will terminate automatically without notice if you fail to comply with any of these Terms (including by violating any license restriction or intellectual property rights). We also reserve the right to modify or discontinue the Site at any time, including by limiting or discontinuing certain features of the Site, without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. You may terminate these Terms at any time by closing your account and ceasing use of the Site. However, certain provisions of these Terms will survive your cancellation or termination of your account or ceasing to use the Site, including but not limited to, provisions on indemnity, governing law, severability, and waiver, among others.
11a. Text Messaging/Emails.
Company may send you emails or text messages from time to time concerning products and services, including products and services offered by third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
Our Site allow messaging and sharing of information, such as your profile, posts, links, and messages. Information and content that you share or post may be seen by other Users or others. We are not obligated to publish any information or content on our Service and can remove it with or without notice. Information shared or posted by Users on the Site is not done on behalf of or in any way monitored or approved by Company.
12. Infringement of Intellectual Property Rights.
Company will terminate the account for any User who is deemed to infringe on Company’s or third-party intellectual property rights and/or may, in its sole discretion, remove User content that is deemed to infringe on any such rights. The Site, and the media and materials contained in the Site, including all intellectual property rights in the Site, are the sole and exclusive property of Company. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Company in these Terms are expressly reserved.
13. Site Content.
You acknowledge and agree that all content posted on the Site is your sole responsibility. You represent that you have all required rights to post or transmit such content without violation of any third-party rights. You understand that Company does not control, and is not responsible for, any content posted on the Site by any User. You agree that you will indemnify, defend, and hold harmless Company for all claims resulting from any content or representations posted or made by you on the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
14. Warranty Disclaimers.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE COMPANY SITE IS PROVIDED TO YOU ON AN “AS IS” BASIS. THEREFORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SITE. COMPANY’S SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. COMPANY RELIES UPON USERS TO PROVIDE ACCURATE INFORMATION AND GENERAL PRODUCT SAFETY. COMPANY DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE IS SOLELY AT YOUR OWN RISK. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE ADVERTISED OR OFFERED BY A USER OR OTHER THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY USERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. Release and Limitation of Liability.
If you have a dispute with another User, you release us from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You expressly waive any protections that would otherwise limit the coverage of this release.
To the maximum extent permitted by law, neither Company nor its service providers or suppliers will be liable for any incidental, special, exemplary or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, system failure, or the cost of substitute services of any kind arising out of or in connection with these Terms or from the use or inability to use the Site, whether based on warranty, contract, tort, product liability or any other legal theory.
You will indemnify and hold Company and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents, harmless from and against any and all claims, dispute, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way related to your access to or use of the Site or your violation of these Terms. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Site.
17. Governing Law and Jurisdiction.
This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance thereof (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of Florida, including its statutes of limitations.
Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder may be instituted exclusively in the federal courts of the United States or the state courts of the State of Florida, in each case located in Broward County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
18. No Class or Representative Actions.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHERMORE, YOU AGREE THAT NO CLAIMS MAY BE CONSOLIDATED.
19. Entire Agreement.
These Terms comprise the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
Any notices or other communication provided by Company under these Terms will be given via email or by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. It is your obligation to update your account information so that we may contact you as may be necessary. Notice to Company shall be made to the following email address: firstname.lastname@example.org
21. Waiver of Rights and Severability.
Company’s failure to enforce any right or provision contained herein will not be considered a waiver of such right or provision unless acknowledged by Company in writing. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies available hereunder will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
23. Contact information.
If you have any questions about our terms or these Terms of Service, please contact us at email@example.com.