Terms of Use

workCRAFT™
Terms and Conditions of Use

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Spark Endeavors, Inc. digital or downloadable resources, online course, group coaching program, workshop, or training, or enter any online private forums operated by Spark Endeavors, Inc. (for any purpose), whether on a website hosted by Spark Endeavors, Inc. or a third-party website such as an online course platform or facebook.com (collectively “the Program”).

If you do not agree with these TOU, you may not use the Program.

As used in these TOU, “the Company” is defined to include Spark Endeavors, Inc., its subsidiaries, affiliated companies, owners, members, managers, directors, officers, volunteers, past and present employees, agents, contractors, coaches, representatives, successors and assigns.

The Program

You will receive as part of the Program:

    • All workCRAFT Program materials, including videos, audio, worksheets, and homework assignments;
    • Access to a private online community; and
    • One (1) group coaching call per week for 1 month.

Participants

This Program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. The Company hereby disclaims all liability for use by individuals under the age of 18.

The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.

Payment

You agree to timely make all payments associated with the Program you selected at checkout. 

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If payment is not received by the date due, you will have a three (3) day grace period to make the payment, otherwise, the Program will not continue, and we reserve the right to terminate your access to the Program and all Content immediately and permanently.

If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

Refund Policies

The Company offers two types of refunds as described in further detail below: (1) a 60-Day Money-Back Guarantee, and (2) European (EU/EEA/UK) Program Participants’ Right of Withdrawal. In all other cases, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you. By using and/or purchasing our Program, you understand and agree that, except for the limited refund periods described below, all sales are final and no refunds will be provided.

The Company reserves the right, in its sole discretion, to address other participants who have violated the Company's TOU, and no refunds will be provided if you disagree with a Company decision regarding another participant.

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these Terms, the Company may terminate your access and participation in the Program without notice and without refund.

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

60-Day Money-Back Guarantee

We provide a 60-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.

In order to qualify for a refund, you must complete the entire Program and submit proof that you have completed all exercises, worksheets and workbook prompts, and viewed or listened to all course modules. No later than 11:59 pm ET on the 60th day after your purchase, you may contact us at [email protected] and request a refund. You must include your workCRAFT workbook showing all exercises completed with your request for a refund.

If you request a refund and do not include your completed workbook and exercises by the 60th day, you will not be granted a refund.

We will NOT provide refunds for any request we receive more than 60 days following the date of purchase. After day 60, all payments are non-refundable and you are responsible for full payment of the fees for the Program regardless of whether you complete the Program.

If you are on a payment plan and do not request a refund within 60 days, with the required information at the time of your refund request, you must complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses you received to use the Content (defined below) and any other material provided to you under these TOU. You shall immediately cease using the Content and other material and shall destroy all copies provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, course or membership areas, social media groups limited to paying members, and other resources.

European (EU/EEA/UK) Program Participants’ Right of Withdrawal

Participants in the European Union, European Economic Area, and United Kingdom have a fourteen (14) day Right of Withdrawal from certain transactions under the terms of their respective laws. The Company is obligated to inform you of this right in very specific legal terms, which you can find below.

The Company agrees to honor your Right of Withdrawal as required by law prior to the commencement of the Program, which includes, but is not limited to, your viewing or accessing the Program portal, viewing, accessing and/or downloading Program materials and Content, and attending trainings or events associated with the Program (“Performance”).

If this Right of Withdrawal extends to you, you have fourteen (14) days after your acknowledgement of these TOU to withdraw your acceptance of these TOU, without giving any reason, and without incurring any costs other than those provided for in this section. The withdrawal period will expire at the conclusion of fourteen (14) days after the day you acknowledge this TOU.

By accepting these TOU, you agree and give your express consent and acknowledgement that you will lose your Right of Withdrawal once you have begun Performance of the Program.

If you choose to exercise your Right of Withdrawal, the Company will reimburse to you all payments received from you less the processing fees incurred per transaction, currently 2.94% of the transaction amount plus $0.30. This reimbursement will be made using the same method of payment you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement.

To exercise your Right of Withdrawal, you should inform the Company of your decision to withdraw within the fourteen (14) day withdrawal period by emailing [email protected] or mailing a letter to:

Spark Endeavors, Inc.
1750 30th Street, # 176
Boulder, CO 80301

You may use the following model form, but it is not obligatory:

To: Spark Endeavors, Inc.

[Date]

I [your name] hereby give notice that I [your name] withdraw from my participation in [product/program/service name] that I purchased on [insert date of purchase]. I also withdraw from the Terms and Conditions of Use Agreement that I acknowledged when registering for [product/program/service name].

Acknowledged on [date] / Received on [date].

[Your name] 
[Your address] 
[Your signature (physical or electronic)]

The burden of proof of exercising the Right of Withdrawal in accordance with this clause shall be on you. Except as provided for in this section, you shall not incur any liability as a consequence of your exercise of the Right of Withdrawal. If you exercise your Right of Withdrawal, both you and the Company will be released from your obligations to perform under these TOU, any ancillary contracts will be terminated automatically, and you may not be afforded the opportunity to enroll or participate in any service or product offered by the Company in the future.

Intellectual Property Rights

Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

The Company’s Limited License to You

If you view, purchase, or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.

You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.

Lifetime access to the Program Content is expressly limited to the life of the Program only. You will only have access to the respective program materials and Content for as long as the Company continues to host and provide access to the Program that you purchased.

This means if we no longer offer the Program you registered for, you will no longer have lifetime access.

The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these TOU or any express written license are reserved by us.

Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of $5,000, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to us that may not be adequately compensated by damages, entitling us to obtain injunctive relief, without bond, in addition to all legal remedies.

Your License to the Company, Use in Testimonials and Marketing

By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least eighteen (18) years old.

The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website or in our Content at any time for any reason.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any program. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.

Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.

Your Conduct in the Program; Confidentiality

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

The Company is not legally bound to keep your information confidential. Nevertheless, the Company will endeavor to use reasonable efforts to keep information about our relationship confidential, except in very rare circumstances where disclosure is required by law. You acknowledge that our communications are not covered by any type of privilege.

You agree to keep all information you learn about other Program participants, their business, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

You are strictly forbidden from the following:

  • Causing damage to any Company website or third-party forums operated by the Company
  • Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
  • Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
  • Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
  • Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
  • Sharing private and proprietary information from the Program or other participants with anyone else
  • Discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

The Company does its best to create a safe and welcoming space for all participants, however, the Company cannot guarantee that all participants will follow these guidelines. The Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, the Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, the Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.

Username and Password

To access certain features of the Program, including any private course or membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

Termination or Cancellation

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.

If you are not eligible for a refund and would like to cancel your access and participation in the Program, you must provide the Company with written notice (including e-mail). Your access to the materials and Content of the Program will be immediately terminated upon your notice of cancellation. You will not be issued a refund for any remaining days or months of the Program after your cancellation.

In the event you decide to cancel, any remaining installment, default, or late payments will be due immediately.

Personal Responsibility, Assumption of Risk, Release, Disclaimers

    1. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold the Company harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Company. In the event this release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
    2. The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
    3. Earnings and Results Disclaimer. You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.
    4. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
    5. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
    6. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    7. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

Security

Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.

Arbitration; Mediation; Jury Trial Waiver and Class Action Waiver

These TOU shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to its conflict of laws principles. All claims and disputes arising under or relating to this Agreement shall be settled by binding arbitration in Boulder, Colorado or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis with the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees to the prevailing party. Any such arbitration shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction. To the fullest extent permitted by law, all claims must be brought solely in an individual capacity and not as a class member in any purported class or collective proceeding.

Except for requests for emergency injunctive and/or other equitable relief, the parties agree to mediate all claims and disputes arising under or relating to this Agreement before commencing arbitration. If the parties cannot agree upon a mediator within twenty (20) business days after service of a written notice of request for mediation, then the claimant shall petition the American Arbitration Association to appoint a mediator. The mediator's fees and expenses will be shared equally by the parties. Each party will be responsible for its own attorneys’ fees and costs at mediation. If the dispute is not resolved by mediation, the parties agree to submit the dispute to binding arbitration. All mediation discussions shall be confidential and treated as compromise and settlement discussions subject to all applicable statutes, and court and evidence rules. Nothing disclosed in such discussions may be used for any purpose in any later proceeding unless it is independently discoverable.

THE COMPANY AND YOU BOTH WAIVE THE RIGHT TO A JURY TRIAL AND ACKNOWLEDGE THAT THIS AGREEMENT TO SUBMIT ALL CLAIMS TO MEDIATION AND BINDING ARBITRATION MEANS NEITHER PARTY CAN OBTAIN ANY MONETARY RELIEF OR RECOVERY RELATING TO THESE TOU FROM ANY PROCEEDING OTHER THAN A MEDIATION OR ARBITRATION. NO CLASS OR COLLECTIVE ACTIONS CAN BE ASSERTED IN ARBITRATION OR OTHERWISE.

Users Outside the United States

The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnification

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Force Majeure

The Company shall not be deemed in breach of this Agreement if Company is unable to provide all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this Agreement.

General Provisions

This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Program or Content.

Updated on October 17, 2024