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By clicking or tapping “Agree and Book Appointment” box at the bottom of this page, the Customer agrees to the following Terms & Conditions that will govern Us (“SPARKY EXPERT”, “we”, “us”) services provided by virtual chat, voice call or video chat and shall constitute the agreement between the parties (“Agreement”).
OUR SERVICES
Customer understands that this service is a pay-per-question model. There are no ongoing membership with the Customer and SPARKY EXPERT.
By using the Services, you agree that: (1) you are at least 18 years of age or the age of majority in your jurisdiction, whichever is lower, and are fully able and competent to enter into, and comply with, this Agreement; (2) you will not access the App or the Sites through automated or non-human means, whether through a bot, script or otherwise; (3) you will not use the Services for any illegal or unauthorized purpose; and (4) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future access to the Services.
Customer agrees and understands SPARKY EXPERT is not an inspector, insurer or guarantor against any defects in the structure, items, components or systems SPARKY EXPERT is requested to review. Customer agrees and understands SPARKY EXPERT is providing recommendations based solely on a limited, virtual, visual review of conditions readily accessible installed systems and components of the property. Latent and concealed defects and deficiencies are excluded. SPARKY EXPERT makes no warranty, express or implied, as to the fitness for use, condition, performance or adequacy of any existing structure, item, component, or system in place during the virtual call. SPARKY EXPERT’s services are performed for the sole and exclusive benefit of the Customer and no other person or entity. SPARKY EXPERT will not be liable to Customer or any other party for any damages, whether actual, direct, incidental, or consequential arising hereunder, including, but not limited to, damages arising from: the use, loss of use, or performance of Customer’s structure, items, components or systems caused by accident, misuse, disaster, abuse, neglect, alterations, or by repairs or parts not provided by SPARKY EXPERT; failure of Customer to maintain the structure, items, components or systems; use by Customer other than as intended; or any damage resulting from any accident, neglect, alterations, improper use or misuse by non-SPARKY EXPERT personnel, or any other causes beyond the control of SPARKY EXPERT.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
DISPUTE RESOLUTION
In the event that any person, not a party to this Agreement, makes any claim against SPARKY EXPERT, its employees or agents, arising out of the services performed by SPARKY EXPERT, the Client agrees to indemnify, defend, and hold harmless SPARKY EXPERT from any and all damages, expenses, costs, and attorney fees arising from such a claim. Customer further agrees that SPARKY EXPERT, its officers, agents or employees limitation of liability for errors, omissions or any claim of breach of contract, any negligence, fraud or misrepresentation, or any other claim from or related to this agreement is limited and fixed to a refund of the fee paid to SPARKY EXPERT for the virtual call. Any legal action or proceeding of any kind, including those sounding in tort or contract, against SPARKY EXPERT must be brought within one (1) year of the date of the virtual call or will be deemed waived and forever barred. In any dispute the prevailing party shall be entitled to recover its attorneys fees, expert fees, and costs from the non-prevailing party. If any provision of the Agreement is deemed unenforceable by a court or arbitrator, it is the intention of the parties that such provision shall not render the remaining provisions unenforceable.
THIRD-PARTY WEBSITES AND CONTENT
The Services of SPARKY EXPERT will contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.