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Terms of Service

Last updated: Apr 15, 2023

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://thecookbookcreative.com website (the "Website") operated by Sparx360 LLC, a(n) Corporation formed in Texas, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users, and others who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer services on this Website. The price of these services is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price includes all applicable taxes and other fees.

Purchases

Stripe, a third-party payment processor, provides the underlying infrastructure for payment features when you make purchases on the Website and is responsible for the secure processing, transmission, and storage of sensitive payment information. We are not responsible for the collection, use, sharing, or security of your billing information entered into Stripe. The following payment method(s) are accepted by the third-party payment processor: American Express, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct, and complete.

Cancellation policy

We offer cancellations on purchases made of the services offered on our Website. We offer cancellations only prior to the performance of the service. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on canceling your purchase.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy

We offer refunds on purchases made of the services offered on our Website. To qualify for a refund, you must submit your request to us within 30 days of your purchase date by contacting us. We offer refunds on any purchases of the services offered on our Website for the following reason(s) only: the good, digital product or service failed to meet the warranties, if any, and the wrong product or service was provided. Please note that we do not offer refunds for any other reasons than those listed above.

Advance payments

We may ask you to provide an advance payment on any purchase made of the services offered on our Website. An advance payment is a partial payment of the total purchase price to help pay for our actual expenses while providing the services.

We will issue you a refund of the advance payment that you made if we cancel.

We will issue you a refund of the advance payment that you made if you cancel.

Deposits

We may ask you to provide a deposit for purchases made of the services offered on our Website. A deposit is a payment made to reserve the services.

We will issue you a refund of the deposit that you made if we cancel your purchase.

We will issue you a refund of the deposit that you made if you cancel your purchase.

WARRANTY ON PURCHASES

WE OFFER THE FOLLOWING WARRANTIES ON PURCHASES OF SERVICES:

  • SERVICES WILL BE PERFORMED WITH REASONABLE CARE AND SKILL;
  • SERVICES ARE FIT FOR ANY SPECIFIED PURPOSE AND DESIRED RESULT;
  • SERVICES WILL BE PERFORMED WITHIN A REASONABLE TIME.

THIS WARRANTY SHALL APPLY FOR ONE (1) YEAR FROM THE DATE OF THE PURCHASE.

EXCEPT AS STATED ABOVE, NO OTHER WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THE SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be replacement. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue, and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Accounts

Where applicable, when you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any security breach or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account through their account on the Website.

Comments and uploading content

By submitting a comment or uploading content onto this Website, you grant Sparx360 LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that other parties may view such comment or content, and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules, or regulations. We reserve the right to remove any content or comment at any time at our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

  • Content that harasses others;
  • Content that is discriminatory or offensive;
  • Swearing, name-calling, and otherwise abusive content;
  • Pornographic and sexually explicit content;
  • Content displaying, depicting, or suggesting violence;
  • Content that exploits or abuses children;
  • Content encouraging or committing illegal acts;
  • Content sharing personal information without consent;
  • Content infringing on someone’s rights, including intellectual property rights;
  • Content advertising products or services without our permission;
  • Content whose purpose is spamming others.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate Sparx360 LLC or its employees, representatives, subsidiaries, or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm the users of this Website or us or expose other users or us to liability;
  5. Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with another party’s use of the Website;
  6. Using any robot, spider, or other similar automatic technology, process, or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  8. Using any device, software means, or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website;
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Website;
  12. Using the Website in any way that violates any applicable federal, state, or local laws, rules, or regulations.

NO WARRANTY ON THE WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors, and inaccuracies

We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL SPARX360 LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF SPARX360 LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, SPARX360 LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF SPARX360 LLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO SPARX360 LLC IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF SPARX360 LLC. THE AGGREGATE LIABILITY OF SPARX360 LLC ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE FEE AMOUNT ACTUALLY RECEIVED BY SPARX360 LLC FROM YOU.

Links to third-party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2022 - 2023 Sparx360 LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website, including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of Sparx360 LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Sparx360 LLC or third parties in the United States and/or other countries.

If you know of a potential infringement of our intellectual property, please contact Elaine Acker at elaine@thecookbookcreative.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark, or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address, and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorney’s fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Sparx360 LLC
Elaine Acker
elaine@thecookbookcreative.com
+1 (512) 862-9757
2121 Lohmans Crossing Rd
Suite 504 - Box 269
Lakeway, TX 78734
UNITED STATES

Governing law, severability, dispute resolution, and venue

These Terms shall be governed and construed in accordance with the laws of the state of Texas, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms, including but not limited to the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in Travis County, Texas.

YOU AND SPARX360 LLC 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 CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service by posting the updated terms of service to this website.

Questions

If you have any questions about our Terms of Service, please contact us at elaine@thecookbookcreative.com.