Terms of Use Agreement

Read this Terms of Use Agreement before accessing website.

Effective Date: This Terms of Use Agreement was last updated on September 21, 2015.

This Terms of Use Agreement sets forth the standards of use of the Sparkes Wellness LLC Website, elysesparkes.com. By using elysesparkes.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Elyse Sparkes, elysesparkes.com and Sparkes Wellness LLC (“Company”). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at elysesparkes.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

We make various services available on this site including, but not limited to, articles, courses, online programs, info products, individual and group coaching, consulting, and other like products and services. Visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem; and (2) provide for Visitor’s access to the Internet; and (3) pay any fees related with such connection.

2. Disclaimer of Warranties

The site is provided by Sparkes Wellness LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, elysesparkes.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise.  elysesparkes.com/Sparkes Wellness LLC shall have no liability for any interruptions in the use of this website. elysesparkes.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

3. Disclaimer of Products and Services

Not Medical, Mental Health, or Religious Advice.  The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or allied health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy.  Sparkes Wellness LLC is not providing health care, medical or nutritional therapy services or attempting to prevent, diagnose, treat or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition.  

Consult Your Physician or Health Care Provider. Sparkes Wellness LLC’s intent is NOT to replace any relationship that exists, or should exist, between you and your Medical Provider or Mental Health Provider. Always seek the advice of your doctor/physician, nurse practitioner, physician’s assistant, Mental Health Provider, or another health care professional regarding any questions or concerns you have about your specific health situation.  We advise you to speak with your own Medical Provider or Mental Health Provider before implementing any suggestions obtained through our Website, Programs, Products and Services including but not limited to exercise, lifestyle, weight loss, food, vitamins; meditation or deep breathing exercises; or participating in any other aspect of a weight loss, healthy eating, exercise and/or lifestyle program. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website or received from us. Do not stop taking any medications without speaking to your Medical Provider. If you have or suspect that you have a medical problem, contact your own Medical Provider promptly.

Your Full Disclosure to Us. You agree to fully disclose to us in writing any specific health situation and physical or mental health issues including but not limited to possible or actual pregnancy, inflammatory joint conditions, prior or existing injury, chronic pain, diabetes, high blood pressure, heart or lung conditions, or any medications, herbs or supplements you are currently taking prior to the start of using any aspect of our Website, Programs, Products or Services, whether provided by us or affiliated with us.

4. Limitation of Liability

elysesparkes.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR elysesparkes.com/Sparkes Wellness LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF elysesparkes.com/Sparkes Wellness LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE LIMITATIONS ARE INAPPLICABLE.

5. Indemnification

Visitor agrees to indemnify and hold elysesparkes.com/Sparkes Wellness LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor’s computer, of any intellectual property or any other right of any person or entity.

6. Modifications and Interruption to Service

elysesparkes.com/Sparkes Wellness LLC reserves the right to modify or discontinue the Service with or without notice to the Visitor. elysesparkes.com/Sparkes Wellness LLC shall not be liable to Visitor or any third party should elysesparkes.com exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that elysesparkes.com/Sparkes Wellness LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Information

While elysesparkes.com/Sparkes Wellness LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

9. Jurisdiction

This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation.  The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be New York, NY and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

10. Compliance with Laws

Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, videos, interfaces and the selection and arrangements thereof is owned with all rights reserved, or is the property of elysesparkes.com/Sparkes Wellness LLC and/or third parties protected by intellectual property rights. Any use of the materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of elysesparkes.com/Sparkes Wellness LLC is strictly prohibited. Visitors agree that they will not use any robot, spider or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of elysesparkes.com/Sparkes Wellness LLC.

The following are registered trademarks, common law and/or statutory trademarks or service marks of elysesparkes.com/Sparkes Wellness LLC or its Affiliates: www.elysesparkes.com™, Tone & Tune UP™, Sparkes Wellness™, Move Your Mind™, Lovely Lady Entrepreneurs™, and any new programs or services developed and used on the site in the future.  All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of elysesparkes.com/Sparkes Wellness LLC or its Affiliates.

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, elysesparkes.com/Sparkes Wellness LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Contact: Elyse Sparkes
By Email: elyse@elysesparkes.com

13. Miscellaneous

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by elysesparkes.com/Sparkes Wellness LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

 

PRIVACY POLICY

This privacy policy sets out how elysesparkes.com/Sparkes Wellness LLC uses and protects any information that you give elysesparkes.com/Sparkes Wellness LLC when you use this website.


elysesparkes.com/Sparkes Wellness LLC is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.


elysesparkes.com/Sparkes Wellness LLC may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from September 21, 2015.

What we collect 
We may collect the following information:

  • name and job title

  • contact information including email address

  • demographic information such as postcode, preferences and interests

  • other information relevant to customer surveys and/or offers

What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.

  • We may use the information to improve our products and services.

  • We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided. 

  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.

  • We may use the information to customize the website according to your interests.

  • We may provide your information to our third party partners for marketing or promotional purposes.

  • We will never sell your information.

Security 
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.


Anonymous data collection and use

To maintain our website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the website. Your IP address is the number assigned to computers connected to the Internet. This is essentially "traffic data" which cannot personally identify you – it is all anonymous – but it is helpful to us for marketing purposes and for improving our services.

 

Use of "cookies"

We may use the standard "cookies" feature of major web browsers. Cookies are small pieces of data stored on your computer that contain information about the user. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our website other than cookies.

Cookies help us learn which areas of our website are useful and which areas need improvement. You may choose to disable cookies through your web browser’s settings.

Cookie information is only used when communicating with users as per their indicated preferences and as needed for service-related communications. Third party content that may be displayed on our site may also contain their own cookies, but we have no access to or control over any information collected by third parties through our website.



Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to:

Elyse Sparkes, Sparkes Wellness LLC

218 Prospect Place

Brooklyn, NY 11238

Email: elyse@elysesparkes.com

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.