Here is your entire uploaded text with section titles bolded for improved readability while maintaining the original verbiage:

END USER LICENSE AGREEMENT AND TERMS OF SERVICE

READ THIS AGREEMENT CAREFULLY.

By accessing or using this website you are agreeing to the END USER LICENSE AGREEMENT & TERMS OF SERVICE (“TOS”, “EULA”, or “Agreement”) set forth herein. This website; all of its constituent pages as added and amended from time to time; all content on said website and any constituent page; all URL’s associated with or which lead to said website; all associated applications on any platform (including without limitation Android and IOS); all trade dress and monikers on said website; all intellectual property contained anywhere on said website (including without limitation all trade secrets, trademarks, service marks, copyrights, and patents); the source and any other code; all design elements and renditions; copies of any of the foregoing; and to the extent not heretofore listed all content set forth on each and every page of the website, including without limitation all copy, marks, monikers, logos, trade dress, processes, information, and intellectual property; are, collectively and individually, the sole and exclusive property of Sparky Corporation (“Service Provider”).

You, the user, and any of your agents, representatives, assignees, employees, partners, designees, or persons to whom you have given access to the Site and the Services (whether intentionally, knowingly, negligently, or otherwise) may referred to as “user”, “User”, “You” or “Licensee”. This Agreement applies to all users.

THIS IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND SERVICE PROVIDER.
THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES (AS DEFINED BELOW). YOUR USE OF THE SERVICES PROVIDED BY OR THROUGH THIS WEBSITE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. IF YOU OBJECT TO ANY PART OR PORTION HEREOF DO NOT USE THE SERVICES.

The Services.
Service Provider provides website design, design services, marketing consultation, web hosting, and related services (collectively “the Services”). Data, including without limitation any images, are transmitted “AS IS” with no warranty, express or implied, including without limitation any warranty as to clarity, accuracy, currency, or any implied warranty of fitness for a particular purpose or merchantability.

Storage.
Service Provider is not obligated to store data, pictures, photographs, designs, graphics, or information of any nature whatsoever for or on behalf of User or any third party.

The Site.
The Site includes https://sparkycorp.com, all its constituent pages, all content on said websites and any constituent page, all URLs associated with or which lead to said websites, all associated applications on any platform (including without limitation Android and IOS), all trade dress and monikers on said websites, all of Service Provider’s intellectual property contained anywhere on said websites (including without limitation all trademarks, service marks, copyrights, and patents), the source and any other code, design elements, renditions, and copies of any of the foregoing. The Site further includes all amendments, modifications, and changes of any nature whatsoever to the foregoing.

Versions; Cost.
Service Provider offers the Service in the versions and for the prices set forth on the website and incorporated herein as if repeated verbatim.

Mobile Access.
User shall be solely responsible for and shall indemnify Service Provider and hold it harmless from, any costs, including without limitation carrier rates and fees, associated with accessing the Site or using the Services from a mobile device. If Service Provider offers a mobile application, it may have different functionality from that available on the Site.

Administrator Accounts.
If applicable, one or more individuals may be designated as the administrator of an account (“Administrators”). Service Provide may assign special or exclusive functionality to Administrators, including without limitation the right to add or remove additional Users, restrict the access or use of non-Administrator Users, or prohibit non-Administrative Users from purchasing goods or services or otherwise engaging in transactions on the Site. Any non-Administrator User agrees to hold Service Provider harmless and indemnify it from any claim, loss, injury, damages, or cause of action arising from such non-Administrator User’s restricted access to or use of the Site and the Services.

Prohibited Content.
You shall not post on the Site, on your own behalf or on behalf of any third party, and shall not permit others to post on the Site, any Content that, in whole or in part:

  • Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, or hate speech;
  • Misrepresents the actual identity of a person, or misrepresents or falsely represents an affiliation with a person or entity;
  • Constitutes advertising, promotional material, junk mail, spam, a chain letter, pyramid scheme, or an unauthorized solicitation;
  • Is infected by or contains viruses, malware, spyware, worms, or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer, software, hardware, program, or telecommunications equipment;
  • Is likely to interfere with or disrupt the Site or the Services, or any server or network connected thereto, or is inconsistent with any requirements, policies, procedures, or requirements of networks connected to the Site or the Services;
  • Violates any federal, state, or local law, statute, regulation, rule, code, or ordinance, or otherwise applicable laws regarding transmission of technical data; or
  • Imposes an unreasonable or disproportionate workload on Service Provider, the Site, or the Services.

Service Provider shall not prescreen any Content but reserves the right to remove without notice any Content that Service Provider deems, in its sole discretion, to constitute Prohibited Content as herein defined.

Content Modification.
You acknowledge and specifically authorize Service Provider to:

  • Change, alter, or modify the Content as necessary to transmit it over one or more networks; and
  • Conform and adapt it, the Site, or the Services to any technical requirements of connecting networks, devices, hardware, software, and the like.

Disclosure of Content.
Service Provider may preserve and disclose Content in the following cases:

  • When it is or reasonably determines that it is obligated to preserve and/or disclose Content pursuant to any applicable international, treaty, federal, state, or local law, statute, code, rule, regulation, or ordinance;
  • To comply with any legal process;
  • To enforce the terms of this Agreement;
  • To respond to complaints or claims that the Content violates any third-party rights;
  • To protect any right or property of Service Provider; and
  • To protect the personal safety or property of any user of the Site or the Services.

Storage.
Service Provider does not warrant or guarantee continued access to any Content transmitted to or stored on the Site or used in any manner on the Site or as part of the provision of the Services, and this Agreement further expressly excludes any warranty that such Content will not be lost, damaged, or destroyed.

  • Service Provider shall not maintain a copy, in whole or in part, of any Content, and further shall be held harmless in the event of a failure to store any Content.
  • Service Provider assumes no responsibility for, and shall be held harmless in the event of, any injury or damage to you arising out of the deletion or failure of communications, addresses, or personalization settings.

Bots Prohibited.
User will not:

  • Use robots, bots, spiders, scrapers, or other automated means to access the Site;
  • Access audiovisual content except via streaming;
  • Attempt to interrupt or decipher transmissions to or from the servers running the Site; or
  • Collect or harvest personally identifiable information, including without limitation account names and payment information.

Comments.
Comments left by users on the site shall:

  • Conform to the content requirements set forth herein.

User comments are not the statements or representations of Service Provider, and Service Provider assumes no liability for same.

  • Service Provider may, but is not required to, remove any user comment at any time in Service Provider’s sole and absolute discretion.

Prohibited Use.
User shall not:

  • Access the Site or use the Services, in whole or in part, for building a similar program or application;
  • Perform or publish benchmark or other tests relating to the Site and/or the Services; or
  • Use the Site or the Services in a manner that grants a license to any Service Provider intellectual property, either expressly, by estoppel, implication, or otherwise.

Modification.
Service Provider may:

  • Establish general practices and use limits concerning the Site and the Services;
  • Limit the size of communications that may be transmitted through the Site and the Services;
  • Limit the amount of Content that may be stored or processed by you on or through the Site;
  • Limit your access to the Site as may be necessary and reasonable under the circumstances;
  • Change or modify its general practices in its sole discretion and without notice to you;
  • Change or modify the Site, these TOS, or the Services in its sole discretion and without notice to you;
  • Quarantine prohibited Content;
  • Modify domain and user settings in its sole discretion and without notice to you (including without limitation modifications designed to eliminate spam or bulk mail); and
  • Modify, suspend, or discontinue the Site or the Services as necessary for routine maintenance, extraordinary repairs, or due to an attack by hackers or other third parties.

Termination.
In the event of your breach of any term of this Agreement, Service Provider may:

  • Suspend or terminate your account (including without limitation deactivation of your password);
  • Remove and discard the Content; and
  • Delete any records concerning or associated with your use of the Site or the Services.

You agree that:

  • You are not entitled to any refund in the event of termination; and
  • You will indemnify Service Provider and hold it harmless from any costs of any nature whatsoever caused by or attributable in whole or in part to such termination.

Jury Trial Waiver.
In the event of any dispute between the parties, the parties hereby voluntarily and knowingly waive the right to a trial by jury on any issue and in any cause of action.

Class Action Waiver.
In the event of a dispute between the parties, resolution of same, whether by arbitration, litigation, or otherwise, shall proceed solely on an individual basis.

  • You hereby waive any right to assert any claim or cause of action on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others.
  • Claims may not be joined or consolidated unless agreed to in writing by all parties.
  • No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party.

COPPA Compliance.
The Site and Services are not intended for access or use by children under the age of 13 years.

CalOPPA Compliance.
Service Provider maintains a conspicuous Privacy Policy set forth below which is incorporated into this Agreement as if repeated verbatim.

Digital Signature.
Pursuant to the U.S. Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq.), this Agreement is deemed executed on the date of and by your clicking to:

  • Accept these Terms of Service;
  • Create an account; or
  • Submit any payment to Service Provider.

Orders.
Payment for the Services or for any goods or products ordered through the Services or on the Site is due at the time of the placement of any order and must be made through the payment portal accessible on the Site.

  • Service Provider is not obligated to accept any other form of payment.
  • If payment is accepted by cash, check, or money order, acceptance shall be subject to any additional conditions imposed by Service Provider in its sole discretion.
  • All payments shall be made in United States dollars unless otherwise denoted by Service Provider.

Service Provider may, in its sole discretion, refuse to contract with any user. An order placed on the Site constitutes an offer to purchase the selected product(s) and service(s).

  • Acceptance is in Service Provider’s sole discretion and may be communicated by either:
    • Substantial fulfillment of the order; or
    • An email or other writing confirming placement of the order.

No contract between the parties shall be deemed created until the purchased goods are shipped and/or commencement of the rendering of any service.

  • This contract applies only to such shipped goods and/or services performed.
  • To the extent applicable at law or in equity, user waives any claim or action for breach of express or implied contract (including without limitation quasi-contract actions).

Payments.
Placement of an order constitutes the acknowledgment and representation of the user that:

  • They are over the age of eighteen (18) and otherwise eligible to use the Site;
  • They are authorized to use the credit card or other method of payment through which payment is remitted;
  • Use of the payment method will not violate any agreement between the User and the payment method provider; and
  • There are sufficient funds in the account with the payment method provider to remit payment in full to Service Provider.

Credit cards may be debited immediately upon provision by user of the required information.

  • A declined or refused credit card shall be deemed a failure of consideration and shall excuse any further action (or omission) by Service Provider.

Foreign Currencies.
If a payment method is denominated in a currency other than United States Dollars:

  • User shall be responsible for all conversion fees and related fees and shall hold Service Provider harmless and indemnify it for same.
  • User assumes the sole risk of loss with respect to all foreign currency transactions and conversions.

Changes; Refund.

  • Service Provider shall be under no obligation to refund any payment once remitted.

Subscription.
You shall:

  • Provide true, accurate, current, and complete information as prompted by the Site; and
  • Update such information from time to time as is necessary.

The provision of false, inaccurate, or incomplete information, or failure to maintain current information, shall be grounds for the immediate termination of this Agreement.

You agree:

  • Only you will use any account created with your subscription;
  • Not to share any access information, including without limitation your login or password, with any third party; and
  • To maintain the security of your login and password.

You indemnify Service Provider and hold it harmless for:

  • Any loss, damage, claim, liability, or cause of action occasioned using your login and password by any third party.

If you believe your account information has been compromised, you are required to notify Service Provider immediately.

Cancellation.
You may cancel at any time on thirty-days electronic notice sent to info@elevarkdm.com.

Account Verification.
Service Provider reserves the right to verify the identity of any User at any time. Verification may be by:

  • Validation using third-party databases; and
  • Government or other legal documents.

You authorize Service Provider to make inquiries reasonably necessary to confirm individual identity, as well as the identities of any corporate-entity User.

Archival Use.
User grants Service Provider an irrevocable, perpetual license to:

  • Retain and use server and archival copies of User’s content to the extent permitted by applicable law.

This does not permit the publication or distribution of individual data sets.

Service Provider’s Proprietary Property.
The Site, the Services, and any software, hardware, platform, server, code, or other materials used in connection with the Site and the Services (collectively “the Proprietary Materials”) are owned by Service Provider and/or its affiliates.

  • These Proprietary Materials contain proprietary and confidential information not available to the public and are protected by intellectual property and trade secret laws, including without limitation the Uniform Trade Secrets Act as well as trademark and copyright protections.

Subject to your continued compliance with the terms of this Agreement, including without limitation payment of all sums due hereunder, Service Provider grants to you a non-exclusive, non-transferable, limited license to use the Site and the Services on a computer.

You shall not, by or through any representative, agent, employee, director, officer, shareholder, partner, member, or third party:

  • Reverse engineer, reverse assemble, or attempt to discover any source code;
  • Sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or to the Proprietary Materials;
  • Copy, modify, rent, lease, loan, sell, distribute, or create derivative works of (or based on) the Proprietary Materials, in whole or in part;
  • Use modified versions of the Proprietary Materials, including without limitation obtaining unauthorized access to the Site or the Services; or
  • Access the Site except through the interfaces provided by or through Service Provider.

Immunity for Disclosure.
Pursuant to the Defend Trade Secrets Act, 18 U.S.C. § 1832, a disclosure of information is immune from prosecution or civil action if:

  • It is made:
    • (A) In confidence to a Federal, State, or local government official or an attorney; and
    • (B) Solely for reporting or investigating a suspected violation of law; or
  • It is made in a complaint or other document filed under seal in a lawsuit or other proceeding.

Remedies.
The parties acknowledge that:

  • Any breach of Service Provider’s rights in its Proprietary Property, or the intellectual property protection provisions of this Agreement, may warrant equitable remedies.
  • In the event of a breach or potential breach of these rights, Service Provider may petition any court of competent jurisdiction for a restraining order, injunction, or other equitable remedy without the necessity of posting a bond, and you waive any defense to the inapplicability or inappropriateness of such remedies.

Nothing herein shall preclude Service Provider from asserting any other claims it may have in law or equity.

Third-Party Service Providers.
Certain third parties may offer products and services through the Site. Service Provider:

  • Does not employ, supervise, direct, or control any such third party;
  • Is not a partner or joint venture of these third parties; and
  • Makes no warranty, guaranty, or representation concerning the availability, quality, fitness, safety, or suitability of any such product or service.

Users agree to:

  • Indemnify Service Provider and hold it harmless from any loss, liability, damage, injury, or cause of action caused by or attributable to any negligent, grossly negligent, reckless, intentional, or willful act or omission of such third-party provider.

Release.
User hereby forever releases Service Provider, its owners, members, managers, directors, officers, affiliates, subsidiaries, joint ventures, employees, representatives, and agents from any loss, injury, damages, or claims arising out of any relationship or dispute between User and:

  • Any other user; or
  • Any third-party provider.

Waiver of Protections.
User hereby waives the protections of California Civil Code § 1542 and any analogous provision of law in any other jurisdiction that states:

  • “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Remote Access.
User may, but is not obligated to, grant Service Provider, its agents, contractors, and/or employees, access to User’s computer, hardware, software, and files for Service Provider to render the Services.

User agrees that:

  • Service Provider shall not be responsible or liable for any damages, data loss, data breach, or other property injury of any nature whatsoever arising from Service Provider’s remote access; and
  • User shall indemnify and hold Service Provider, its owners, shareholders, members, partners, directors, officers, agents, employees, and contractors harmless from all damage associated with the implementation and use of remote access.

Disclaimer of Warranties.
Use of the Site and the Services is at your sole and exclusive risk. The Site and the Services are provided “AS IS” and “AS AVAILABLE.”

Service Provider expressly disclaims all warranties, representations, guarantees, and conditions of any kind, whether express or implied, including but not limited to:

  • Accuracy;
  • Title;
  • The implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Service Provider makes no warranty that:

  • Any information or advice obtained from the use of the Site or the Services will be accurate or reliable;
  • The quality of any Services or information obtained from use of the Site or the Services will meet User’s expectations; or
  • Any errors that impair the functionality of the Site or the Services will be repaired.

Warranties; Jurisdictional Limitations.
Any warranty disclaimers in this Agreement do not apply to the extent that they are otherwise void or disallowed pursuant to the law of a jurisdiction whose laws apply to the interpretation or enforcement hereof.

  • Nothing herein shall alter or change any choice of law provisions set forth in this Agreement.
  • Any limitations imposed by such jurisdiction on warranty disclaimers are incorporated herein by reference to the limited extent required by law.

Privacy.
You acknowledge that Service Provider may collect personally identifiable, confidential, proprietary, trade secret, intellectual property, business, financial, and similar information of User (“User Proprietary Information”).

Except as set forth elsewhere in this Agreement, Service Provider shall not knowingly:

  • Sell, rent, lease, transfer, or disclose any User Proprietary Information unless:
    • You consent to such sale, lease, transfer, or disclosure;
    • Such action is necessary for the provision of the Services; or
    • Such action is required due to your breach of this Agreement.

Service Provider may change the provisions of this section as it deems necessary in its sole discretion and shall provide notice by posting on the Site.

Limitation of Liability.
In no event shall Service Provider be liable to you for any:

  • Incidental, indirect, special, consequential, or punitive damages; or
  • Liabilities to third parties arising from any source, even if a party to this Agreement has been advised of the possibility of such damages.

Electronic Records.
You agree that any notices, contracts, or other communications from Service Provider may be provided by electronic instead of paper means.

You further represent that:

  • You have read and understood this consent; and
  • You have the hardware and software necessary to receive electronic notices.

This consent will remain in effect until withdrawn by you by contacting Service Provider.

  • Upon withdrawal of consent, your right to access the Site and use the Services will be terminated effective immediately.
  • You agree to give Service Provider a reasonable time to comply with the withdrawal of consent and to continue to receive electronic notifications during such period.

Miscellaneous.

  • Failure of a party to enforce any provision of this Agreement shall not constitute a waiver of such provision or of the right of a party at any time to avail itself of such remedies as it may have for any breach or breaches of such provision.
  • The provisions of this Agreement are severable. Should any part or portion hereof be deemed void or unenforceable by a court of competent jurisdiction, the remaining parts and portions shall remain in full force and effect.
  • This Agreement represents the entire understanding by and between the parties and supersedes any other representations, promises, or statements not wholly consistent herewith.
  • This Agreement may only be modified by a writing signed by both parties.

Governing Law and Venue.

  • This Agreement shall be construed pursuant to the laws of Idaho without regard to its conflict of law provisions.
  • Any lawsuit brought to interpret or enforce the terms of this Agreement shall be filed in the appropriate state or federal court with jurisdiction and venue over Nampa, Idaho.
  • The parties hereby waive any defense of improper venue, lack of personal jurisdiction, or forum non conveniens.