These Terms & Conditions (“Terms” or “Agreement”) apply to the website located at health-spark.shop and any other websites associated with Health Spark brands or products that direct the user to these Terms (collectively, the “Site”). Throughout the Site, the terms “Health Spark“, “we“, and “us” refer to Health Spark.
Your use of the Site is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you should discontinue access or use of the Site. We reserve the right to update or modify the Terms at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS OF ANY KIND.
1.0 Eligibility
This is a contract between you and Health Spark. You must read and agree to these Terms before using our Site. If you do not agree, you may not use our Site.
- Any use or access to the Site by anyone under thirteen (13) years of age is strictly prohibited.
- If you are under eighteen (18) years of age, you may only use the Site with the involvement of a parent or legal guardian who consents to these Terms.
By using the Site, you represent that you meet these eligibility requirements.
2.0 Site Transactions
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. This may include orders placed using:
- The same customer account,
- The same credit card,
- The same billing and/or shipping address.
If we modify or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time of the order.
3.0 No Resale
All orders are for personal use only. Orders for resale are prohibited without prior written approval. If we discover reselling, we reserve the right to:
- Enforce our rights vigorously, including seeking monetary damages.
- Require you to pay all legal fees associated with enforcing this policy.
4.0 Pricing and Payment
- Prices are applicable at the time of order placement.
- Shipping costs and payment fees are disclosed before confirming your purchase.
- Credit card information is transmitted securely and not stored by us.
Local taxes, duties, or additional fees may apply depending on your location.
5.0 Right to Modify the Site
We reserve the right to:
- Modify, suspend, or discontinue the Site or any service, content, feature, or product at any time.
- Charge fees for certain Site services.
- Modify and/or waive fees.
We are not liable for any modifications, suspensions, or discontinuations of the Site.
6.0 Intellectual Property & Site Content
All content, including logos, trademarks, text, software, images, videos, and graphics, is the property of Health Spark or its licensors and is protected by copyright laws.
You may not:
- Reproduce, distribute, or modify Site content without written permission.
- Use Health Spark trademarks without authorization.
Personal, non-commercial use of the Site content is permitted, but no ownership rights are transferred.
7.0 User Comments & Feedback
We welcome feedback, but do not accept unsolicited ideas (e.g., proposals, creative concepts). If you submit content to us:
- Health Spark has the right to use, edit, publish, and distribute it without restriction.
- You waive any claims for compensation.
- Your comments must not violate third-party rights (e.g., copyright, trademark, privacy).
8.0 Personal Information
Your submission of personal information through the Site is governed by our Privacy Policy. By using our Site, you consent to the collection and use of your personal data as outlined in our Privacy Policy.
9.0 Product Availability & Pricing
- Some products may only be available online.
- Limited quantities may be available, and certain items may be returnable/exchangeable only through our Site.
- Prices are listed in U.S. dollars (USD) and are subject to change.
10.0 Errors, Inaccuracies & Omissions
Occasionally, information on our Site may contain errors or omissions regarding product descriptions, pricing, promotions, or availability.
We reserve the right to:
- Correct any errors.
- Cancel or refuse any orders with incorrect information (even after order confirmation).
11.0 Force Majeure
We are not liable for delays or failure to perform due to causes beyond our reasonable control, including but not limited to:
- Natural disasters,
- Government actions,
- Supply chain disruptions,
- Cyber-attacks.
12.0 Links to Third-Party Websites
Our Site may contain links to external websites. We are not responsible for their content or privacy practices. Use these links at your own risk.
13.0 Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.
- We do not guarantee that the Site will be error-free or uninterrupted.
- We are not responsible for accuracy, reliability, or completeness of the Site’s content.
Some jurisdictions do not allow exclusions of implied warranties, so parts of this section may not apply to you.
14.0 Limitation of Liability
Health Spark is NOT liable for:
- Indirect, incidental, or consequential damages (e.g., lost profits, lost data).
- Issues resulting from the use or inability to use the Site.
Our liability is limited to the amount paid for the purchased product.
15.0 Indemnification
You agree to defend, indemnify, and hold harmless Health Spark from any claims, damages, or legal fees arising from your:
- Use of the Site.
- Violation of these Terms.
- Misuse of products.
- Any modifications, suspensions, or discontinuations of the Site or its services, content, features, or products.
Users cannot claim damages or compensation for any changes made to the Site, including updates, removals, or alterations to content, pricing, availability, or services.
16.0 Governing Law & Jurisdiction
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.
Any disputes will be resolved in Sheridan County, Wyoming courts, unless covered by mandatory arbitration (Section 17.0).
17.0 Mandatory Arbitration Agreement
By using the Site, you agree to resolve disputes through binding individual arbitration rather than lawsuits or class actions.
Key Arbitration Terms:
- Arbitration will be conducted by the American Arbitration Association (AAA) under its rules.
- No class actions or group lawsuits are allowed.
- The arbitrator’s decision is final and binding.
If this arbitration agreement is deemed unenforceable, disputes will be resolved in Sheridan County, Wyoming courts.
18.0 Termination
We reserve the right to:
- Terminate or suspend your access to the Site at any time without notice.
- Block accounts that violate these Terms.
These Terms remain in effect even after termination of your account or Site access.
19.0 Contact Information
For any questions about these Terms, contact us:
Health Spark
Address: 30 N Gould St Ste R, Sheridan, Wyoming 82801
Email: client-services@health-spark.shop
Website: www.health-spark.shop