SPARK® TERMS AND CONDITIONS
Please read these Terms and Conditions carefully, as they constitute a contractual agreement between you, the user, and Spark Healthcare Consultants, LLC and Spark CME, LLC (collectively, “SPARK”).
This policy is intended to cover the uses for our websites (www.spark-partners.com, www.beaconlearningapp.com, and www.sparkcme.org) and their related websites and mobile applications, e.g. Beacon Learning (collectively “Solutions”), although additional conditions, restrictions, and privacy policies may apply. See below for detailed Terms and Conditions that you must read and accept before using the Solutions, whether you are using the Solutions for commercial purposes, such as educating healthcare providers about relevant product and disease topics, i.e. a “Commercial User,” or for non-commercial purposes, such as persons in the healthcare industry who are learning about healthcare topics through the Solutions, i.e. a “Non-Commercial User.”
As a registered Commercial or Non-Commercial User on the Solutions, you consent to having your information stored and processed. You will ensure that the information you provide is accurate, complete, and relevant for registration on and the use of the Solutions. You may access, correct, and/or delete your account information on the Solutions at any time. Furthermore, registration as a user on the Solutions results in the delivery of a user identification code and password. You hereby agree to keep your user identification code, password, and any other pieces of information as part of our registration or security procedures confidential. You must not disclose such information to any third party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions. If you know or suspect that anyone other than you has accessed your user identification code or password, you must promptly reset your password. You may retrieve, change, or request that we delete the password information you place with us. You will only receive emails that you have agreed to, or those relating to administration purposes. We will not provide your personally identifiable data to any third party for any commercial purposes.
2. Usage Rules
You agree that your use of and conduct on the Solutions shall be lawful and that you will not:
- Resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the app
- Use Solutions outside the United States, or enter information from individuals who are not residents of the United States
- Upload or transmit any communications or content of any type that may infringe or violate any rights of any party
- Use the Solutions for any purpose in violation of local, state, federal, or international laws or the rules of conduct posted with respect to any individual feature of the Solutions
- Create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications
- Make improper use of SPARK’s support services or submit false reports
- Use or access the app to compile data in a manner that is used or usable by a competitive product or service
- Use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages, to anyone
- Engage in any commercial activities, including using the Solutions as a means to distribute advertising or other unsolicited material to any third party
- Attempt to reverse engineer, disable, “hack,” or otherwise interfere with the proper functioning of the Solutions
- Disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
- Interfere with or circumvent any security feature of the Solutions or any feature that restricts or enforces limitations on the use of or access to the Solutions
- Otherwise violate any of the Terms and Conditions
3. Healthcare Disclaimer
These Solutions are not intended to provide medical advice. We do not warrant that the information we provide on the Solutions will meet your requirements. The contents of the Solutions are provided to educate Commercial and Non-Commercial Users on healthcare and medical issues. Nothing in the content should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. The Solutions do not constitute the practice of any medical, nursing, or other professional healthcare advice, diagnosis, or treatment. We are in no way responsible for any decisions you may make resulting from the use of the information. We are not responsible for third-party content. Your decision to rely on any information you obtain in connection with your use of Solutions is at your sole discretion and risk. For the avoidance of doubt, the provision in the section below entitled “Limitations of Liability” shall apply equally in respect of any claim relating to the Solutions.
4. Termination of Use
SPARK may, at its sole discretion, terminate your account or your use of the Solutions at any time. Furthermore, SPARK reserves the right to change, suspend, or discontinue all or any aspects of the Solutions at any time without prior notice.
5. Your Privacy and the Use of Your Data
6. Intellectual Property and Donations
All content, design, graphics, compilation, magnetic translation, digital conversion, and other matters making up Solutions are protected under applicable copyrights, trademarks, and other proprietary rights (including but not limited to intellectual property rights) and owned by SPARK or one of its affiliates. The marks SPARK Healthcare Consultants, SPARK CME, and related logos are trademarks and/or service marks of SPARK™. The content and design of the Solutions is protected by U.S. and international copyright laws. Use of the Solutions does not give you ownership of any intellectual property rights in any of the content, documents, or other materials you access. Our posting of information or materials on the Solutions does not constitute a waiver of any right in such information and materials. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display, and print a single copy of these materials on a single computer for personal, non-commercial use only, so long as you do not alter or modify the materials in any way, you include all applicable notices and disclaimers (including copyright notices), and you do not use the materials in a way that suggests an association with SPARK. You understand and agree that title to these materials, and your right to use as provided herein, shall not pass to you or any other user.
The Solutions may allow you to designate one or more charitable organizations as beneficiaries of monetary donations that others may make based on your use of the Solutions. These donations do not entitle you to any tax deduction or other benefit.
YOU UNDERSTAND AND AGREE THAT THE SOLUTIONS AND ANY CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE SOLUTIONS IS PROVIDED ON AN “AS IS” BASIS. SPARK DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SOLUTIONS. IN ADDITION, THE INFORMATION CONTAINED IN THE SOLUTIONS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO MAKE CHANGES AND IMPROVEMENTS TO ANY INFORMATION CONTAINED WITHIN THE SOLUTIONS AT ANY TIME AND WITHOUT NOTICE. ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON THE SOLUTIONS, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE SOLUTIONS’ CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE. WE DO NOT ENDORSE ANY SPECIFIC DRUGS, PRODUCTS, PROCESSES, SERVICE PROVIDERS, DIETS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OUR SOLUTIONS.
8. LIMITATIONS OF LIABILITY
THE USE OF THE SOLUTIONS IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL SPARK, ITS AFFILIATES, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY LOSS OF DATA, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SOLUTIONS, WEBSITES ACCESSED THROUGH THE SOLUTIONS, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP OR THE SOLUTIONS EXCEED THE AMOUNTS YOU HAVE PAID US FOR USE OF THE APP, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS, AS APPLICABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. LINKS TO THIRD-PARTY WEBSITES
10. Governing Law and Venue
The Terms and Conditions shall be governed by, and construed in accordance with the laws of the State of New York, without regard to any conflict of law principles. The state and federal courts located in the State of New York shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms and Conditions. Each party hereby consents to the exclusive jurisdiction of such courts and waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Terms and Conditions.
11. Severability, Enforcement
If any provision of these Terms and Conditions is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not affect the other provisions of these Terms and Conditions, (ii) such provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability in Sections 7 and 8 are considered by the parties to be integral to the Terms and Conditions and shall not be modified or severed from the Terms and Conditions.
12. Contact Us
If you have any questions or comments, or would like to discuss our solutions and services with our Customer Support staff, please contact us via the following information:
Carol Capece for SPARK Healthcare Consultants
114 Pierrepont Street, Suite 8
Brooklyn, NY 11201
Stephen Robins for SPARK CME
380 Riverside Drive, Suite 2M
New York, NY 10025
Stephen Robins for Beacon Learning App
380 Riverside Drive, Suite 2M
New York, NY 10025
We offer you additional choices about how to manage how we communicate with you.
- Email/Direct Mail. You may opt out of receiving marketing emails from us at any time by sending an email to one of the email addresses above or by clicking on the “Unsubscribe” link in our emails. You will continue to receive service-related emails (e.g. order status). To opt out of direct mail, please send your request to the addresses above and include your postal address in the body of the email.
- Targeted Advertising. If you do not want information about your activity on the Solutions to be used for tailored advertising, please visit the page hosted by the Network Advertising Initiative and follow the instructions there.
- Updating Your Profile. You may update or correct your personal information related to your account through your account dashboard within the Beacon Learning app or by contacting Customer Support at firstname.lastname@example.org. If you wish to request deletion of your personal information, please contact us at email@example.com. We will respond to requests within a reasonable timeframe.