This Terms of Sale Agreement is a legally binding contract by and between Spark Creativity  having a business address of P.O. Box 174, Moose Lake, MN 55767 and Purchaser of The Lighthouse Membership (“Purchaser”). Purchaser understands that they can contact Spark Creativity. at betsy@nowsparkcreativity.com to answer any questions or to explain this Agreement and the Refund Policy. The period of this Agreement begins on the date of purchase of The Lighthouse membership. 

1 – PAYMENT 

I understand that I am responsible for paying Spark Creativity in full for The Lighthouse Membership program (hereinafter called “Program”). Participant may lose access to the Program if payments are missed or full payment is not completed by the due date.

Purchaser shall: (i) pay Spark Creativity at the current rates, and (ii) pay Spark Creativity in full upon purchase or per the installment plan selected. Spark Creativity reserves the right to place further services on hold until any outstanding balance is paid. If payment ceases for a period of 30 days, this Agreement will be cancelled. Your credit/debit card details are not handled by Spark Creativity. All payment and all credit card handling is through a third party. Authority for payment must be given at the time of placing your order.  

2 – FEES

The fee for The Lighthouse

• 1 payment of $25 or $250 USD depending on the current advertised offer (due at time of purchase).

The fee for The Lighthouse includes the following options: 

Monthly Membership:

• Monthly payment of $25 USD (due at time of purchase).for access to monthly content and back content

Annual Membership:

• 1 payment of $250 USD (due at time of purchase) for full access to monthly content and back content, with an annual discount of $50

3 – METHODS OF PAYMENT

Purchaser authorizes Spark Creativity LLC to charge Purchaser’s credit card, debit card or PayPal account on a monthly or annual basis until purchaser cancels membership. Purchaser may pay by credit card, debit card, or PayPal. Purchaser must provide current, complete, and accurate billing and credit card information. Purchaser must promptly update all billing information (such as billing address, card number, and expiration date) to keep their account current, complete, and accurate, and must promptly contact Spark Creativity LLC if their credit card is lost or stolen, or if they become aware of a potential breach of account security (such as an unauthorized disclosure or use of their Sign-In Name or Password). Purchaser hereby authorizes Spark Creativity. to obtain or determine updated or replacement expiration dates for their credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card.

In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

4 – REFUND POLICY

Your satisfaction with The Lighthouse is important to me. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing this membership, you acknowledge that we do not offer refunds after 30 days from the purchase date for any portion of your payment for your membership. You must request a refund by emailing us at betsy@nowsparkcreativity.com within 30 days of your purchase. After that, sales are final. 

All of the terms of this Terms and Conditions, including but not limited to all copyright, trademark, and intellectual property rights, remain indefinitely. The Lighthouse online community (“Community”) is a social network in which personal information may be exchanged between participants.  You are entirely responsible for deciding how much of your personal information you wish to share in the Community. Spark Creativity LLC (“Company”) will not share, sell, or rent the personal information of its members to third-party businesses, however, we cannot guarantee the confidentiality of any of the information you choose to share in the Community.  

Please review the privacy policy (available at www.nowsparkcreativity.com) to learn how I manage personal information.  By taking part in this Community, you agree to keep members’ information confidential. The Lighthouse does not guarantee results.  The sole purpose of The Lighthouse  is to provide educational materials and coaching in the area of teaching English creatively. Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through The Lighthouse Program. By participating in the Community you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you. In no event shall the Company be held liable for any injury, loss or damage resulting from the use of, or reliance upon, the Program materials.  

5 – CANCELLATION OR POSTPONEMENT

Spark Creativity LLC reserves the right in its sole discretion to cancel The Lighthouse program should that become necessary. If Spark Creativity LLC cancels said program,, Purchaser is entitled to a refund of all pre-paid program fees within 14 business days. Spark Creativity LLC reserves the right in its sole discretion to refuse or terminate your access to its Training Programs, Products, Services and/or Program Materials, Website, e-mail communications, or any other method of communications related to its Training Programs, Products or Services at any time without notice.  Should Purchaser or Spark Creativity LLC wish to terminate the membership at any time, these termination terms will apply to Purchaser as well, even after termination by either of us. In the event of cancellation or termination, Purchaser is no longer authorized to access the membership, e-mail or any or other methods of communications affected by such cancellation or termination.  The restrictions imposed on Purchaser with respect to The Lighthouse materials, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms of Sale, shall survive such termination of Purchaser’s access and apply in full force.  

6 – PARTICIPANT ACKNOWLEDGEMENT

This Agreement shall constitute the entire agreement between Purchaser and Spark Creativity LLC. Purchaser understands and agrees that this Agreement supersedes any prior or contemporaneous oral or written agreements or statements and may not be modified without the written consent of Spark Creativity LLC. Purchaser also understands that this Agreement constitutes a binding contract upon purchase of The Lighthouse program.

7 – USE OF RECORDINGS

Please note that coaching calls, webinars, or other audio or visual services may be recorded and can be used in the future by Spark Creativity LLC. for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to betsy@nowsparkcreativity.com. 

8 – CONFIDENTIALITY

As part of The Lighthouse, Purchaser and Spark Creativity LLC agree to hold any Confidential Information received from the other in the strictest confidence. Purchaser also agrees to hold every other participants’ Confidential Information in the same strict confidence as required between Spark Creativity LLC and its Lighthouse participants. Information shared in Facebook groups, on calls, in video conferences, or any other means shall be maintained as confidential.  

9 – ACCESS TO PROGRAM MATERIALS and FACEBOOK GROUPS

Purchaser will have access to all materials for as purchaser maintains membership. In the event The Lighthouse discontinues as a Program, Purchaser will be given fair notice in order to have sufficient time to download any available content before the program ends. The private Facebook groups will remain open for as long as the corresponding Programs exist. Spark Creativity LLC. reserves the right to close any Facebook group at a later date. 

10 – NO GUARANTEE OF RESULTS

PURCHASER EXPRESSLY AGREES THAT THEIR USE OR INABILITY TO USE THE LIGHTHOUSE PROGRAM IS AT PURCHASER’S SOLE RISK. The content of THE LIGHTHOUSE is for informational purposes only. By purchasing participation in  the Program you accept, agree and understand that you are fully responsible for your progress and results and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and work which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our clients, customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.  

11 – INTELLECTUAL PROPERTY

By accepting this Agreement, Purchaser acknowledges and agrees that all content presented within The Lighthouse is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Spark Creativity LLC and/or its Affiliates.

12 – GENERAL INFORMATION AND UNDERSTANDINGS

Spark Creativity LLC warrants that it has the right to provide the The Lighthouse program, and will use all reasonable skill and care in making it available to Purchaser and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and Spark Creativity LLC. does not give any other warranties in respect of the The Lighthouse program. Spark Creativity LLC is continually seeking to improve the Lighthouse program. 

13 – REPRESENTATIONS AND WARRANTIES

Each party warrants that: (i) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable against either party in accordance with its terms; (ii) They have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform their obligations under this Agreement, without the approval or consent of any other party; and (iii) They have sufficient right, title, and interest in and to the rights granted in this Agreement. Spark Creativity LLC warrants that the Services will be performed in a professional manner in accordance with recognized industry standards. To the extent Services provided are advisory, no specific result is assured or guaranteed. SPARK CREATIVITY LLC EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER SPARK CREATIVITY LLC EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.

14 – LIMITATION OF LIABILITY

MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY PURCHASER FOR THE SERVICES, COURSE OR PRODUCT FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL SPARK CREATIVITY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.  

15 – INDEMNIFICATION

You agree to indemnify and hold harmless SPARK CREATIVITY LLC and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. You will immediately notify SPARK CREATIVITY LLC of any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints, email deployment, and violations of CAN-SPAM. SPARK CREATIVITY LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.  

16 – ASSIGNMENT

Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).  

17 – GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and interpreted in accordance with the laws of the State of  MINNESOTA without regard to the conflicts of laws and principles thereof. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in St. Louis County, Minnesota. 

18 – DISPUTE RESOLUTION

It is hoped that should we ever have any differences, we could be able to work them out amicably through a phone conversation or e-mail correspondence. However, should a dispute arise, any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of MINNESOTA and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in St. Louis COUNTY, MN; and (iv) the parties will submit the dispute to mandatory mediation held in St. Louis COUNTY, MINNESOTA or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the St. Louis County Court of Common Pleas or applicable Federal Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. The mediation process will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial. In no event shall Spark Creativity LLC be liable for any consequential, punitive or multiple damages of any kind.  

19 – FORCE MAJEURE

Neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.  

20 – GENERAL

(a) Parties may not amend or waive any provision of this Agreement unless in writing and signed by both parties. (b) This Agreement represents the entire agreement between the parties, and shall supersede all prior agreements and communications of the parties, oral or written. (c) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. (d) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect. (e) The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.  

21 – CONTACT INFORMATION

If you have any questions or concerns, please contact SPARK CREATIVITY LLC by email at betsy@nowsparkcreativity.com.  The Parties hereby agree to all of the above terms and have executed this Agreement by a duly authorized officer, agent or representative by digitally agreeing to these Terms of Sale.