Terms of Service

These Terms and Conditions of Use ("Terms of Use ") govern your access to and use of the Websites located at SparkWire.news and SparkWireNews.com, and any related subdomains, mobile applications, or other digital platforms owned or operated by SparkWire, Inc. (collectively, the "Website"). By accessing or using the Website, you agree to be bound by these Terms of Use, whether you are a visitor, subscriber, or a trial or paid user, with or without login credentials. If you do not agree to these Terms of Use, please do not access or use the Website.

SparkWire, Inc., and its subsidiaries and affiliates (collectively, "SparkWire," “the Company,” "we," "us," or "our") reserve the right to modify these Terms of Use at any time, in our sole discretion. We will post the updated Terms of Use on the Website and indicate the date of the latest revision. Your continued use of the Website following the posting of any changes constitutes your acceptance of those revised Terms of Use. We encourage you to review these Terms of Use periodically for any updates.

I. ACCEPTANCE OF TERMS OF USE

By accessing or using this Website, you (a) represent and warrant that you have the legal capacity to enter into this Agreement and to be bound by its Terms of Use; (b) agree to comply with all applicable laws and regulations in your use of the Website; (c) agree to use the Website solely in accordance with these Terms of Use ; and (d) acknowledge that these Terms of Use constitute a legally binding agreement between you and SparkWire. If you do not agree to these Terms of Use, you may not access or use this Website.

II. NO OFFER OF INVESTMENT ADVICE OR SOLICITATION

The information and opinions expressed on this Website do not constitute, and should not be construed as, investment advice, a recommendation, an offer to sell, or a solicitation of an offer to buy any securities, futures, options, other financial instruments, or any other investment product or service. The Company and its affiliates are not providing investment or financial advice through this Website, and no information or material presented herein should be relied upon for the purpose of making or communicating investment or other financial decisions.

This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject the Company or its affiliates to any registration or licensing requirement within such jurisdiction or country. By accessing this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such jurisdiction or country.

III. WEBSITE AND CONTENT USE

Subject to these Terms of Use and payment of any applicable fees, SparkWire grants you a non-exclusive, non-transferable, limited, revocable license to access and use the Website and its Content solely for your personal, non-commercial use, including under the Terms of Use set forth below.

The Website and content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, and video (the “Content”), displayed on the Website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of SparkWire. You may not commingle any portion of the Website with any other information and you may not edit, modify, or alter any portion of the Website.

The Website may contain links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by SparkWire of the content on such third-party Websites. SparkWire is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Websites. If you decide to access linked third-party Websites, you do so entirely at your own risk.

IV. RESTRICTED ACCESS AND AUTHORIZED USERS

Certain areas of the Website are restricted to users who have been issued login credentials by SparkWire ("Authorized Users"). These restricted areas, along with any associated content or functionality, are collectively referred to as the "Restricted Areas."

As an Authorized User, you agree to the following:

• Login Confidentiality: You are solely responsible for maintaining the confidentiality of your login credentials, including your password.
• Notification of Compromise: You must immediately notify SparkWire if you become aware of any loss, theft, disclosure to an unauthorized third party, or other compromise of your login credentials.
• Responsibility for Account Activity: You are solely responsible for all activities that occur under your account, including any applicable fees incurred, regardless of whether you personally undertook such activities.
• Unauthorized Use: You must immediately notify SparkWire of any unauthorized use of your account or any other breach of security related to the Website or the Restricted Areas.
• No Sharing of Credentials: You agree not to share your login credentials with any other individual or entity, including your employees, unless specifically authorized in writing by SparkWire. If SparkWire authorizes employee access, each employee must be provided with their own unique login credentials.

V. INTELLECTUAL PROPERTY

All content on this Website, including but not limited to articles, analyses, text, photographs, graphics, videos, and audio recordings, is the exclusive property of SparkWire or its licensors and is protected by copyright, trademark, and other applicable intellectual property laws. This Website may display trade names, trademarks, service marks, logos, and other product and service names and logos (collectively, the "Third-Party Marks") that are the property of their respective owners. The display of Third-Party Marks on this Website does not imply any affiliation with or endorsement by SparkWire of the owners of such marks. You may not use any Third-Party Marks without the prior written consent of the owner of the respective mark. Certain trade names, trademarks, service marks, logos, and other product and service names and logos displayed on this Website are the property of SparkWire or its licensors. Nothing on this Website grants, by implication, or otherwise, any license or right to use any SparkWire Marks without the prior written consent of SparkWire. Any unauthorized uses of the Marks or any other Content are strictly prohibited.

VI. RESTRICTIONS ON ACCESS AND USE

You agree not to:

• Engage in Automated Data Collection: Use any automated means, including but not limited to, scrapers, robots, bots, spiders, data mining tools, computer code, algorithms, or any other automated device, program, tool, process, methodology, or manual process with similar functionality, to access, acquire, copy, or monitor any portion of the Website or its Content without our prior written consent. This restriction applies regardless of whether such access is for commercial or non-commercial purposes.
• Engage in Unauthorized Access: Access or attempt to access any materials or information on the Website that are not intentionally made publicly available through their public display on the Website or through a clearly visible link on the Website.
• Bypass Security: Bypass or circumvent any security measures or other technological controls employed to limit or prevent access to the Website or its Content.
• Commit Security Violations: Violate or attempt to violate the security of the Website, including but not limited to, attempting to gain unauthorized access to the Website, data, materials, information, computer systems, or networks connected to any server associated with this Website, through hacking, password mining, or any other means.
• Interfere with Website Operations: Interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website. This includes, but is not limited to, accessing any data, content, or other information before it is intended to be available to the public on the Website.
• Impair Website: Access or use the Website in a manner that could overload, damage, disable, or impair the Website's servers or networks, or interfere with any other party's use of the Website.

VII. LIMITATION OF LIABILITY

• Disclaimer of Warranties: Your use of this Website is at your sole risk. The Website and its content are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. SparkWire does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.
• Accuracy and Availability of Content: SparkWire obtains content from various sources and utilizes electronic distribution methods. While we strive for accuracy and timeliness, we do not guarantee the accuracy, completeness, or availability of the content. Delays, omissions, or inaccuracies may occur.
• No Reliance on Information: No advice or information, whether oral or written, obtained by you from SparkWire or through this Website, shall create any warranty not expressly stated in these Terms of Use.
• Limitation of Liability: To the fullest extent permitted by applicable law, SparkWire, its affiliates, officers, directors, employees, agents, and licensors shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if SparkWire has been advised of the possibility of such damages), arising out of or in connection with your use or inability to use the Website, its content, or these Terms of Use.
• Exclusive Remedy: Your sole and exclusive remedy for any dissatisfaction with the Website, its content, or these Terms of Use is to discontinue using the Website. SparkWire will not be liable for any damages in connection with your browsing or use of the Website.

VIII. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SparkWire, its subsidiaries, affiliates, officers, directors, agents, employees, and partners from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and other legal expenses) arising out of or relating to: (a) your use or misuse of the Website; (b) your connection to the Website; (c) your violation of these Terms of Use; (d) your violation of any applicable law or regulation; or (e) your violation of the rights of any third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Website.

IX. GOVERNING LAW AND VENUE

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms of Use, or the breach thereof, including statutory claims, shall be resolved exclusively by the state or federal courts located in the Borough of Queens, New York. You irrevocably consent to the exclusive jurisdiction and venue of these courts and waive any objection to such jurisdiction or venue. You further agree to accept service of process by mail or other method permitted by applicable law.

X. TERMINATION AND SUSPENSION

We may terminate or suspend your access to all or part of this Website, with or without notice, for any conduct that we, in our sole discretion, believe: (a) violates any applicable law; (b) breaches the Terms of Use; or (c) harms the interests of another user, a third-party provider, a service provider, or SparkWire. Such conduct includes, but is not limited to, deliberate misuse of any element of this Website, including hacking, introduction of viruses or other malicious code, disruption, excessive use, or any use in contravention of applicable law.

SparkWire offers certain subscription-based products and services governed by SparkWire's Master Subscription Agreement ("MSA"). Use of these subscription products and services is subject to the Terms of Use and conditions of the MSA. In the event of a conflict between these Terms of Use and the MSA regarding the use of such subscription products and services, the MSA shall control. These Terms of Use govern general use of the Website, while the MSA governs the specific use of subscription products and services.

XI. ACCESSIBILITY

SparkWire is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are continually working to improve the accessibility of our website to conform to the latest guidelines on Web Content Accessibility. If you experience any difficulty accessing any part of this website, please contact us at info@sparkwire.news with a description of the issue and the specific web page. We will make reasonable efforts to address your concerns.

XII. SEVERABILITY

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

XIII. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and SparkWire relating to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SparkWire with respect to the Website.