SIDE SPARK LLC
WEBSITE TERMS OF USE AND SALE
Last Update: 8/7/26
Introduction and Acceptance of the Terms of Use
These Terms of Use are entered into by and between You and Side Spark LLC, a limited liability company of the State of Missouri. The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of this Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user, and all purchases of digital products, kits, guides, templates, and related downloadable resources (“Products”) offered by the Company. All Products sold by the Company are digital products only, intended for educational and informational purposes. Products are not legal, tax, financial, accounting, insurance, safety, or other professional advice. The Company does not guarantee any specific results, income, customers, profitability, launch timing, or business success from the use of any Product.
Please read these Terms along with our Privacy Policy and Cookie Policy, and Disclaimers [AD1] carefully and in full before using this Website, as they contain very important information about your legal rights and obligations, including limitations of your rights and exclusions that may apply to you. These Terms set forth legally binding terms and conditions for the use of the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
By using the Website or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and the aforementioned Policies and Disclaimers, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.
1. Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the conditions specified in the 'Definitions' section. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of these Terms:
· Company (referred to as either “Side Spark LLC”, “Side Spark”, "the Company", "We", "Us", or "Our" in these Terms) refers to Side Spark LLC, a limited liability company of the State of Missouri.
· Your User(s) means the individual(s) accessing this Website, the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
· Website or Site refers to the following website: https://www.sidesparkkit.com and all of its affiliated pages, Policies, and Disclaimers.
· Products means the digital “side hustle kits," business plans, guides, templates, checklists, worksheets, and related downloadable resources and digital content offered for sale by the Company through the Website. All Products are digital products only. No physical equipment, supplies, event setup, operational services, or hands-on business services are included in any Product unless expressly stated in writing at the time of purchase.
· The word Kits refers to curated collections of digital educational materials, including but not limited to business plans, guides, templates, checklists, worksheets, and related downloadable resources, sold as a single Product. Kits are educational and informational in nature only and do not include any physical goods, equipment, supplies, or hands-on services.
· Order means a request submitted by You to purchase Products from the Company through the Website’s checkout process.
· Purchase Price means the price listed for Products on the Website, exclusive of applicable taxes.
2. Changes to the Terms of Use
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
· Making all arrangements necessary for you to have access to the Website and
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and Cookie Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Intellectual Property Rights
This Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secrets, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only, except that purchased Products may be used in accordance with the license grant set forth in the Terms of Sale section of these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
· If we provide social media sharing tools or other interactive features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website, except that purchased Products may be used for your own personal business planning purposes in accordance with the license granted in the Terms of Sale section of these Terms.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: sales@sidesparkkit.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
5. Trademarks
“Side Spark LLC”, “Side Spark”, the Terms, any registered Company trademarks, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in Section 9.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise, attempt to interfere with the proper working of the Website.
7. User Contributions
The Website may contain chat prompts, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post or provide to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
8. Monitoring and Enforcement; Termination
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, the termination-without-notice provision in this section is subject to applicable New Jersey consumer protection law and may not apply to you to the extent it conflicts with such law.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we may not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
9. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy and Cookie Policy[AD3] .
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
· 10. Reliance on Information Posted
The information presented on or through the Website and in any Products is made available solely for purposes of offering general educational and informational content. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company does not guarantee any specific results, income, customers, profitability, launch timing, or business success from the use of any information on the Website or in any Product. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
12. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy and Cookie Policy[AD4][DB5] . By using the Website, you consent to all actions taken by us concerning your information in compliance with the Privacy Policy.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
13. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.
This Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Website.
· Send e-mails or other communications with certain content, or links to certain content, on this Website.
· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
· Link to any part of the Website other than the homepage.
· Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice, at our discretion.
14. Links from the Website
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Terms of Sale
A. Orders and Acceptance
You may place an Order to purchase Products from Company by following the checkout process on the Website. Your submission of an Order constitutes an offer to purchase the selected Products in accordance with these Terms. After you place an Order, you may receive an email from us acknowledging that we have received it, but this email does not constitute acceptance of your Order.
We reserve the right to refuse, cancel, or limit any Order, in whole or in part, at any time in our sole discretion for any reason. Such reasons may include, but are not limited to, the unavailability of a Product, inaccuracies or errors in Product descriptions or pricing information, or issues identified by our fraud prevention measures.
A binding contract between you and the Company is formed when we have made the purchased Products available to you for download or access (such as by sending you a download link or granting access to your account) or sent you an order confirmation e-mail, whichever occurs first. If we cancel your Order after your payment method has been charged, we will issue a full refund to your original form of payment for the amount charged for the canceled Products.
B. Prices, Taxes, and Payment
The Purchase Price for Products will be as quoted on the Website at the time you submit your Order. All prices are listed in U.S. Dollars and are subject to change without notice. Prices shown do not include applicable taxes, which will be calculated and added to your total at checkout.
You are responsible for paying all applicable sales, use, and other governmental taxes, duties, fees, or other charges associated with your Order.
Payment is due at the time you place your Order. We accept payment via the methods displayed on the Website at checkout, which may be processed by a third-party payment processor. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Order, including all applicable taxes and fees. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or canceled.
In the event of a pricing error on our Website, we reserve the right to cancel any Orders placed for Products listed at the incorrect price, regardless of whether the Order has been confirmed or your payment method has been charged. If your payment method has already been charged for a canceled Order under this provision, we will issue a full refund to your original form of payment.
. Cancellations and Refunds
You may request to cancel an Order at any time before the digital Product has been made available for download or access by contacting us at sales@sidesparkkit.com. Once a digital Product has been delivered (i.e., made available for download or access), the Order cannot be canceled.
Because all Products are digital and delivered electronically, traditional returns do not apply. Any eligibility for a refund of a digital Product is governed by the Refund Policy set forth below.
D. Refund Policy
All sales of digital Products are final once the Product has been made available for download or access. No refunds will be issued after a digital Product has been delivered. The Company's refund policy for digital Products will also be presented to you at or before the time of purchase.
Unless otherwise specified in this Refund Policy, all digital Product sales are final once the Product has been made available for download or access.
E. Digital Delivery and Access
Following successful payment, the Company will deliver Products electronically by providing you with a download link, access credentials, or other digital delivery method as specified on the Website. Digital Products are typically available for download or access immediately or shortly after purchase.
While we strive to provide immediate access to all digital Products, delivery times may vary due to technical issues, server availability, or other circumstances outside of our control. We are not liable for any temporary delays in digital delivery. You are responsible for providing a valid and functioning email address and for maintaining the technical capability to download or access your purchased Products.
Once your Order has been processed, we will send you an order confirmation email with instructions for downloading or accessing your purchased Products. You are responsible for providing a valid email address. We are not responsible for undelivered order confirmations or download links resulting from an incorrect or non-functioning email address provided by you.
F. License Grant and Restrictions
Upon successful payment and delivery of a digital Product, the Company grants you a limited, personal, non-exclusive, non-transferable license to access, download, and use the purchased Product solely for your own personal business planning and educational purposes. This license is revocable only upon your breach of these Terms. You may not copy, share, resell, redistribute, upload, publish, sublicense, or otherwise make the Product available to any third party. You may not use the Product to create competing products or derivative works for commercial distribution. All intellectual property rights in the Products remain with the Company. Title to the Products will not pass to you; you receive only the limited license described herein.
Any unauthorized use of a Product in violation of the license granted herein shall constitute a material breach of these Terms and will result in immediate termination of your license without refund. You acknowledge that any unauthorized use, reproduction, or distribution of a Product would cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to the Company's right to seek injunctive or other equitable relief in addition to any other remedies available at law or in equity. If you experience a technical issue preventing you from downloading or accessing a purchased Product, you must contact us promptly at sales@sidesparkkit.com so that we may assist in resolving the issue.
16. Product-Specific Terms; Supplemental Terms and Professional Content
In addition to these Terms, certain Products, kits, services, or promotions offered through the Website may be governed by supplemental terms and conditions (“Supplemental Terms”). We will present any applicable Supplemental Terms to you at or before the time of purchase. If there is a conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control with respect to that specific Product or service, provided that no Supplemental Terms may modify or override the Disclaimer of Warranties, Limitation on Liability, Indemnification, Dispute Resolution, or Intellectual Property Rights provisions of these Terms.
Certain Kits sold by the Company include educational materials, advice, or guidance related to business, marketing, finance, or other fields. All such content is digital, educational, and informational in nature only and is not a substitute for advice from a qualified professional who is familiar with your specific circumstances. The information provided is not intended to be, and should not be understood as, legal, tax, financial, accounting, insurance, safety, or other professional advice. The Company makes no guarantees regarding income, revenue, customers, profitability, launch timing, or business success resulting from the use of any Product.
Your purchase or use of our Products and their educational content does not create a professional-client, advisory, or fiduciary relationship of any kind. You should consult with an appropriate licensed professional, such as an attorney, accountant, tax advisor, insurance agent, or financial advisor, before making decisions based on this information. You are solely responsible for verifying and complying with all applicable local, state, and federal laws, permits, licenses, insurance requirements, tax obligations, vendor requirements, safety rules, and any other legal or regulatory requirements applicable to your business activities. Your reliance on any information contained in our Products is solely at your own risk.
17. Links to Third-Party Websites
The Website may contain links to third-party websites or services and advertisements for third parties (collectively, the "Third Party Sites & Ads"). Such Third-Party Sites & Ads are not under our control, and we are not responsible for any Third-Party Sites & Ads. We provide these Third-Party Sites & Ads only as a convenience and are not responsible for the content, products, or services on or available from those Third-Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third-Party Sites & Ads.
The inclusion of a hyperlink to Third-Party Sites & Ads does not imply affiliation, endorsement, or adoption by Company of the Third-Party Sites & Ads or any information contained therein.
18. Geographic Restrictions
The owner of the Website is based in the State of Missouri in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal for certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, ANY PRODUCTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, ALL PRODUCTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, ANY PRODUCTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, ANY PRODUCTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Product and Image Disclaimer
The images, descriptions, and specifications of Products on our Website are for illustrative purposes only. While we strive for accuracy, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
The images, descriptions, and specifications of Products on our Website are for illustrative purposes only. Digital Products may include templates, worksheets, guides, and other materials that are intended to be customized by the purchaser for their own use. Screenshots, mockups, or example images depicting a "completed" or "finished" product are intended to serve as conceptual guides only and are not a guarantee that your results will match the examples precisely.
You acknowledge that the Company's digital Products are educational and informational in nature. While the Company strives for accuracy, the Company does not warrant that information in its Products is complete, current, or error-free. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website. This disclaimer does not affect any warranties which cannot be excluded or limited under applicable law.
21. Educational and Professional Content Disclaimer
All "side hustle kits" and other Products sold by Company are digital educational and informational materials only. This content is provided for general educational purposes only and is not a substitute for advice from a qualified professional who is familiar with your specific circumstances. Products are not, and should not be construed as, legal, tax, financial, accounting, insurance, safety, or other professional advice. The Company does not guarantee any specific results, income, revenue, customers, profitability, launch timing, or business success from the purchase or use of any Product. Individual results will vary based on numerous factors, including but not limited to market conditions, the purchaser's effort, skill, experience, and local regulations.
The information provided is not intended to be, and should not be understood as, professional advice. Your purchase or use of our Kits and their educational content does not create a professional-client, advisory, or fiduciary relationship of any kind. You should consult with a licensed professional, such as an attorney, accountant, tax advisor, insurance agent, or financial advisor, before making any decisions based on the information provided in our Products. You are solely responsible for verifying and complying with all applicable local, state, and federal laws, permits, licenses, insurance requirements, tax obligations, vendor requirements, safety rules, zoning regulations, and any other legal or regulatory requirements applicable to your business activities. Your reliance on any information contained in our Products is solely at your own risk.
22. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN ANY EVENT, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Third-Party Content; Warranties and Disclaimers
You acknowledge that the Kits and other Products sold by Company are digital educational materials only and may reference, recommend, or link to third-party tools, services, platforms, or resources. The Company is not affiliated with, endorsed by, or responsible for any such third-party tools or services. The Company makes no warranties, express or implied, with respect to any third-party tools, services, or platforms referenced in its Products. Some links contained in the Products or on the Website may be affiliate links, meaning that the Company may receive a commission or other compensation if you click such a link or purchase a product or service through it, at no additional cost to you. The Company only references or recommends tools, products, or services that it believes may be useful, and any such reference or recommendation is not a guarantee of suitability, quality, or results.
THE COMPANY DOES NOT WARRANT, ENDORSE, OR GUARANTEE ANY THIRD-PARTY TOOL, SERVICE, PLATFORM, OR RESOURCE REFERENCED OR LINKED TO IN ITS PRODUCTS. YOUR USE OF ANY SUCH THIRD-PARTY TOOL OR SERVICE IS AT YOUR OWN RISK AND SUBJECT TO THAT THIRD PARTY'S OWN TERMS AND CONDITIONS. We will not be liable for any claims, damages, or liabilities arising from your use of any third-party tools or services.
This section reiterates and is in addition to the disclaimers set forth in the “Product and Image Disclaimer” section herein.
24. Indemnification
You agree to defend, indemnify, and hold harmless COMPANY, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Website, or your use of any Products purchased through the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and Products other than as expressly authorized in these Terms, your use of any information obtained from the Website or any Product, or any business activity you undertake based on information contained in any Product. The Company shall have the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
25. Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri, without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall, subject to the Dispute Resolution provisions of Section 26, be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
26. Dispute Resolution
A. Agreement to Arbitrate and Waiver of Class Actions and Class Arbitrations
The Parties agree that any dispute, claim, or controversy arising out of or relating to the Website, Products, these Terms, including our privacy policy and cookie policy, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Website, Products, or content available on or through the Site (collectively, "disputes") will be settled by confidential binding arbitration, except that each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the county in which Company is located in the State of Missouri, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You acknowledge and agree that both you and Company are waiving the right to a trial by jury or to participate as a plaintiff class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.
The Parties mutually agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.
B. Arbitration Rules
The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), or, at the Company's election, the American Arbitration Association (AAA) Consumer Arbitration Rules, whichever is appropriate and in effect at the time the arbitration is initiated, which are available at http://www.jamsadr.com or http://www.adr.org, as applicable. (the "JAMS Procedures"), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.
The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.
C. Dispute Notice and Arbitration Process
Prior to initiating an arbitration proceeding, you must first send Company a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to Company must be emailed to: sales@sidesparkkit.com. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, then either party desiring to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.
D. Arbitration Location and Procedure
Unless the Parties otherwise agree, the arbitration will be conducted in the county in which Company is located in the State of Missouri. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely based on documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. Arbitrator’s Decision
The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Company will not seek and hereby waives all rights it may have under applicable law to recover, attorneys' fees, and expenses if it prevails in arbitration, except in cases involving your willful misconduct, bad faith claims, or infringement of Company's intellectual property rights.
F. Time Limit for Resolving Disputes
The Parties agree that any cause of action either may have with respect to the Website, Products, and content available on or through the Website must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states' laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.
The terms of this Dispute Resolution section survive any termination of these Terms.
G. Right to Opt-Out or Reject Future Changes to the Dispute Resolution Section
You may elect to opt out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written message to: sales@sidesparkkit.com within thirty (30) days of your first visit to and use of the Site that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not opt out, then the terms of this section will apply.
Notwithstanding the provisions of the “Changes to Terms of Use” section above, if Company changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending Company written notice to: sales@sidesparkkit.com within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
27. Waiver
No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
28. Severability
If any provision of these Terms or their accompanying Privacy Policy and Cookie Policy or Disclaimers [AD6] is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
29. Entire Agreement
The Terms, our Privacy Policy and Cookie Policy, and Disclaimers constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
30. Contact Information
We welcome your questions, comments, and concerns about these Terms and our accompanying Policies and Disclaimers. You can reach us at sales@sidesparkkit.com.