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SUZANNA KAYE

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TERMS & CONDITIONS

Suzanna Kaye, Spark Organizing, LLC, (“Suzanna Kaye”, “Spark”, “Spark Organizing”, “we”, “us”, or “our”) welcomes you. We invite you to access and use our websites, including, without limitation, Sparkorganizing.com and SuzannaKaye.com (the “websites”)

 

We provide visitors to our websites (“visitors”) access to the websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the websites, you acknowledge that you have read, understood and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “agreement”). If you do not agree to any of these terms, then please do not use the websites.

All of Suzanna Kaye, Spark! Organizing, LLC, our contractors, employees, representatives, etc will be referred to as "the companies" in this document.

Any user who registers with us (each a “Registered User”) and wishes to purchase a product or service through one of our websites, is agreeing to the terms of this Agreement and the accompanying terms and conditions of purchase with respect to such product or service. In the event of any conflict between the terms of this agreement and the terms and conditions of purchase, the terms and conditions of purchase shall control.

 

THE SECTIONS BELOW TITLED “BINDING ARBITRATIONS” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

 

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

  1. Description and use of our Websites

We provide Visitors and Registered Users with access to the Services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.

Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the company’s controllings.

The companies are under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, the companies may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

  1. Community Guidelines

The companies’ community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;

You will not upload, post, email, transmit, or otherwise make available any content that:

infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or

discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.

You will not “stalk,” threaten, or otherwise harass another person;

You will not spam or use the Websites to engage in any commercial activities;

If you post any Registered User Content, you will stay on topic;

You will not access or use the Websites to collect any market research for a competing business;

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;

You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;

You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.

  1. Restrictions

The Websites are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

  1. Sign-in Name; Password; Unique Identifiers

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

  1. Fees and Payment

In consideration for any purchase, you make on the Websites, you shall pay the companies all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).

You hereby authorize the companies to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all collection costs, including attorney’s fees and costs, on any outstanding balance. Your credit card issuer may charge you a foreign transaction fee or related charges in certain instances, which you will be responsible for paying. You are advised to check with your bank and credit card issuer for details.

If your credit card is declined for any reason, your online account will be deactivated, and you will automatically lose all access, rights and privileges to your online library, Private Facebook Group, and any and all bonuses that you may have received or purchased in regard to your subscription of your membership. You will need to update your payment information or make a payment within two (2) weeks of being notified from Suzanna Kaye Organizing that your payment has been declined or your membership will be canceled.

Refund Policies:

Suzanna wants to make sure you are always 1,000% satisfied with anything you ever get from her. (If 1,000% was mathematically possible...). 

To apply for a refund, please submit details supporting your request to [email protected] Please see below for specific time period requirements depending on the product purchased. Please allow two (2) business days for us to review your request and respond.

Our refund policies adhere to all applicable state, federal, and accrediting agency requirements.


THE PAPER PATH COURSE POLICIES:

The Paper Path Course provides you the guidance to organize all the papers in your home, one small step at a time.  Your purchase includes an easy to follow path, Video Tutorials, and  How-To's, Printable Cards & Resources.  

Deadline to Apply for Refund: To be eligible for a refund, you must submit your request by 12 p.m. Eastern Standard Time within sixty (60) days of your initial purchase. There will be no refunds given after this date even Company Discretion: After you submit your request, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.

To apply for a refund, please submit details supporting your request to [email protected] Please allow 2 business days for us to review your request and if you were unable to access the site and/or download. 

Our refund policies adhere to all applicable state, federal, and accrediting agency requirements.

THE PAPER PATH COURSE + THE PAPER PATH MEMBERSHIP POLICIES:

The Paper Path Course + Membership provides you the guidance to organize all the papers in your home, one small step at a time.  Your purchase for the Paper Path Course includes an easy to follow path, Video Tutorials, and  How-To's, Printable Cards & Resources. 

Your purchase of the Paper Path Membership includes: The Exclusive Papers Database, Group work sessions, Games & Challenges, Live webinars, Text Messages, and access to the Private Facebook Group.  Facebook group access is contingent on following the group rules. We have the right to revoke access to the private Facebook group at our discretion for breaking the rules or inappropriate conduct.

Deadline to Apply for Refund for The Paper Path Course: To be eligible for a refund, you must submit your request by 12 p.m. Eastern Standard Time within sixty (60) days of your initial purchase. There will be no refunds given after this date even if you were unable to access the site and/or download. 

Cancellations for the Paper Path Membership: In order to avoid being charged for the next billing cycle (either monthly or semi-annually) you must cancel at least two (2) days prior to your next billing cycle. When the membership is cancelled, you will immediately lose access to the online content included in the membership and communities. You will be able to access only what has been downloaded to your computer.   

Company Discretion: After you submit your request, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.

To apply for a refund, please submit details supporting your request to [email protected] Please allow 2 business days for us to review your request and respond.

Our refund policies adhere to all applicable state, federal, and accrediting agency requirements.

SPARK! LIFE BINDER POLICIES:

Purchase of the Spark! Life Binder includes a downloadable version that when downloaded properly, will be accessible from the computer’s hard drive. The ability to download The Spark! Life Binder from the online content is guaranteed for the “life of the product”.   The Spark! Life Binder is delivered by Internet download only.   Purchase of the Spark! Life Binder guarantees access to the Spark! Life Binder path for the "life of the product" and access to the product’s private Facebook group. Facebook group access is contingent on following the group rules. We have the right to revoke access to the private Facebook group at our discretion for breaking the rules or inappropriate conduct.

Once your order has been processed, we will send you a confirmation email using the email address you provided when purchasing the Spark! Life Binder, access to the Spark! Life Binder path and/or any additional bonuses if purchased with bonus. Access to the Spark! Life Binder path and any additional bonuses are guaranteed for the “life of the product”.  This email will serve as your electronic purchase receipt and contain the information that you need to access the Spark! Life Binder download, access to the Spark! Life Binder path and any additional bonuses if purchased with bonus.

Deadline to Apply for Refund: To be eligible for a refund, you must submit your request by 12 p.m. Eastern Standard Time within sixty (60) days of your initial purchase. There will be no refunds given after this date even if you were unable to access the site and/or download.

Company Discretion: After you submit your request, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.

To apply for a refund, please submit details supporting your request to [email protected] Please allow 2 business days for us to review your request and respond.

Our refund policies adhere to all applicable state, federal, and accrediting agency requirements.

SPECIAL EVENTS and PAID WEBINARS POLICIES:

Deadline to Apply for Refund: To be eligible for a refund, you must submit your request at least 24 hours prior to the event. To request a refund, you must email [email protected] with your name and the email address you used to register for the event. 

  1. Intellectual Property

The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of the Companies (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of the Companies. The Companies retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of the Companies (the “Companies Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of the Companies. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Companies Trademarks, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Companies’ Trademarks inures to our benefit.

Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

  1. Registered User Content; Licenses

As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT THE COMPANIES, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, the Companies, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to the Companies that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by the Companies and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

  1. Communications with Us

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

  1. No Warranties; Limitations of Liability

THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.

  1. External Sites

The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

  1. Representations; Warranties; and Indemnification

(a) If you are a Registered User, you hereby represent, warrant, and covenant that:

You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;

Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and

You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such a case, you agree to cooperate with any reasonable requests assisting our defense of such matters.

  1. Compliance with Applicable Laws

The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

  1. Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability. We are not licensed professionals in any financial, legal, medical, etc fields and any content we post is our opinion only. Your personal situation may be unique and you should always consult a licensed professional. Use of our guidance, advice, etc at your own risk and should be evaluated by your own best judgment. We are not liable for negative results following our advice. The following sections shall survive any termination of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Digital Millennium Copyright Act”

  1. Digital Millennium Copyright Act

The Companies respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Suzanna Kaye, Spark! Organizing, LLC

  

Last Updated: August 17, 2021

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