Terms and Conditions

BY ACCEPTING THIS AGREEMENT, BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY EXECUTING AN ORDER FOR PRODUCTS OR SERVICES GOVERNED BY THIS AGREEMENT, OR BY USING SERVICES GOVERNED BY THS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" AND "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.

This Agreement was last updated on September 12, 2024. It is effective between You and Us as of the date of You accepting this Agreement.

WEBSITE & ECOMMERCE STORE POLICIES

DEFINITIONS

"We," "Us" or "Our" means the TWO SEVENTEEN HOLDINGS LLC company, a limited liability corporation based at 13013 Seminole Blvd #1044, Largo, FL 33778. SparkGrounds is a brand of TWO SEVENTEEN HOLDINGS LLC.

"You" or "Your" means the individual, company, organization, or other legal entity for which you are accepting this Agreement. For the purposes of this agreement, "You" and "Your" also refer to the individuals or "Users" which you have allowed to use our services.

"Products," "Services," "Your Products," and "Your Services" means the products and services that are ordered by you from us. "Our Services" and "Our Products" means all products and services offered by us, regardless of whether or not you have ordered such services.

"Your Data" means all electronic data or information submitted by you to us. This includes electronic data, reviews, or other publicly accessible data that you have chosen to provide to Us.

ELECTRONIC COMMUNICATIONS

When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property and protected by international copyright laws. Additionally, all products and services purchased from us are also covered by our copyright. The compilation of all content on this site is our exclusive property, and protected by international copyright laws. Recreating our instructions, kits, products, or services and selling those under a separate brand would be a violation of this copyright notice.

LICENSE AND SITE ACCESS

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our website so long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter.

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition for a refund as per our return and refund policy (below).

PAYMENT METHODS AND TAXES

We accept credit cards, cash, and, from qualified and pre-approved business or educational entities only, purchase orders. If applicable and based on your shipping address, we do charge Florida sales tax on all tangible products. You are responsible for any and all other taxes related to your purchase of products and services from us.

SHIPPING, RETURNS, AND REFUNDS

SHIPPING POLICY

We strive to process and ship all orders within two business days of receiving your order, excluding weekends and holidays. Shipping costs will be calculated and displayed at checkout, and we offer standard and expedited shipping options, with estimated delivery times provided during checkout. Once your order has been shipped, you will receive a confirmation email with tracking information to track your package's delivery status. We do only accept orders from and with shipping addresses to the United States or its territories.

RISK OF LOSS

All items purchased from Us are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For most shipments, we do purchase insurance although we are not required to do so.

RETURNS POLICY

We want you to be completely satisfied with your purchase. If for any reason you are not satisfied with a tangible product that you purchase from us, you may return the products within ten business days of receipt for a refund or exchange, subject to the terms outlined below. To initiate a return, please contact us at support@two17holdings.com to request a Return Merchandise Authorization (RMA) number. Returned items must be unused, in their original condition and packaging, with all tags attached. You are responsible for return shipping costs unless the return is due to an error on our part (e.g., incorrect or defective item). We recommend using a trackable shipping method and purchasing shipping insurance for returned items, as we cannot guarantee that we will receive your returned item.

REFUND POLICY

Once your tangible-item return is received and inspected, we will send you an email notification to confirm that we have received your returned item. We will also notify you of the approval or rejection of your refund. If your return is approved, a refund will be processed to the original method of payment within five business days. Please note that it may take some time for the refund to appear on your credit card statement, depending on your bank or credit card issuer. Refunds will be issued for the purchase price of the item(s) returned, excluding any shipping fees paid. If your return is rejected, we will provide a reason for the rejection and return the item(s) to you.

For non-tangible items, such as classes, workshops, and special events, we will always, at your request, refund a prorated portion of your payment based on the amount of classes or workshops that you were unable to use. These refunds are governed further by the waiver that you must sign to enroll in any of our classes, workshops, or events.

LIABILITY, DISCLAIMER AND OTHER MISCELLANEOUS POLICY

Both we and you acknowledge that this Agreement will be governed by the laws of the State of Florida and controlling United States federal law, without regard to choice or conflicts of law rules. Additionally, both we and you agree to the exclusive jurisdiction of the courts of Pinellas County, Florida for all matters governed by this Agreement. We and you hereby waive any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

You agree to submit to binding arbitration. If any disputes or claims arise against us, such disputes will be handled by an arbitrator of our choosing. An arbitrator from the American Arbitration Association will be selected. All decisions rendered by the arbitrator will be binding and final and the arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration laws, governs all arbitration under this paragraph. You are also responsible for any and all costs related to such arbitration.

DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER YOU NOR WE MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

Neither your nor our liability with respect to any single incident, as defined by us, arising out of or related to this Agreement (whether in contract or tort or under any other theory of liability) shall exceed the amount paid by you hereunder for the product or service which resulted in the claim.

INDEMNIFICATION

You agree to indemnify and hold harmless TWO SEVENTEEN HOLDINGS LLC, its affiliates, officers, directors, employees, agents, and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, your violation of these Terms, your violation of any third-party right, including without limitation any copyright, property, or privacy right, any claim that your use of our services or products caused damage to a third party, and any misuse or improper use of products purchased from our website, including but not limited to failure to follow instructions and warnings, using a kit in an incorrect or unspecified way, or any other action resulting in injury, damage, or loss.

This indemnification obligation will survive this Agreement and your use of our products and services.

EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES

In no event shall you have any liability to us or we any liability to you for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.

RESERVATION OF RIGHTS IN SERVICES

We reserve the rights, title and interest in and to our services, products, and systems, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth in this Agreement. You shall not create or permit the creation of any derivative works based on our services, reverse engineer our services, or access the services in order to build a competitive product service or copy any features, functions or graphics of the services.

SUGGESTIONS

We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our services any suggestions, enhancement requests, recommendations or other feedback provided by you, including by your users, related to the operation of our services.

NOTICES

Any notice, notification, demand or request provided under this Agreement must be in writing and sent to you at your address that you list with us and sent to us at 13913 105th Avenue North, Largo, Florida, 33774. Any such notices must be sent via a trackable carrier that independently verifies delivery.

SEVERABILITY

If any provision of this Agreement will be held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this Agreement will remain in full force and effect.

CHANGES TO THE TERMS OF SERVICE

We reserve the right to revise this Agreement at any time. You are responsible for changes to this Agreement when notified (if you have an account on this system) or when we update the version of this Agreement.