Terms of Service

rSpark - Electrify Your Revenue

The terms and conditions laid out in this Agreement are in relation and apply to the rSpark Toolbar ("Toolbar"), which was created and is maintained by rSpark, Inc ("We"). The rSpark toolbar provides users with a trouble-free way of finding desired search results by gathering user requests for web-based information and then consequently processing these same requests through our various partners in search engine technologies. The use of the rSpark toolbar is completely free to end users but the search engine providers may compensate rSpark for making the required search engine results available to our end users. Use of the rSpark Toolbar and all of the features therein will require that you agree to these same Terms of Use. Clicking on the "Next", "Run", "Install" and "Yes" buttons provided during the installation process means you are bound legally by the same Terms of Use listed below.

1.1 Rights Granted
The installation of the rSpark Toolbar means you expressly request and authorize rSpark to:
a) conduct search engine queries for you as your search engine assistant utilizing rSpark's search technology and the technologies of our partner sites to collect relevant search results and display this information for you;
b) also take whatever actions as deemed appropriate by rSpark to provide you with the toolbar and again obtain and display relevant information from our partners;
c) collate and analyze your search engine requests and then, again on your behalf, use this same information to present you with an alternative set of search engine results, and to also customize our software for your web browsing experience;
d) collect any information as mentioned in our Privacy Policy;
e) automatically launch the toolbar when your computer starts and to also display as an in-browser toolbar in either Internet Explorer or Mozilla Firefox. The end-user has the ability and the option to modify how the Toolbar launches and also its appearance by using the preferences within the toolbar;
f) modify the browser settings for Microsoft Internet Explorer or Mozilla Firefox and more specifically as the default search engine for each of the aforementioned browsers and to also include modifications to the function of the address bar search, any "400" coded error pages, any DNS error pages and also to modify the "New Page" tab as required.
g) allow the Toolbar to send and receive data from the rSpark servers on an infrequent basis to provide the Toolbar with the ability to search for bug fixes and patches ("Updates") and newer versions of the Toolbar, as and when they become available. Installation of the rSpark Toolbar means that you agree to this automatic update process.

1.2 Limitations
a) You agree to use our Toolbar and all the information made available as a result of using the toolbar solely for own personal use and to not benefit any 3rd party or to compete with rSpark in any manner whatsoever.
b) You will not, without any limitation, make available any information that you have gathered through the rSpark Toolbar to other parties and this includes scraping, compilation, organization, or to take any similar actions either automatically or manually in relation to information you have gathered in using the rSpark Toolbar. You also fully agree not to copy, publish, license, modify or create derivative works in relation to the Toolbar. You will also agree not to transfer, rent or lease the rights to the Toolbar (including information available from within the Toolbar) to any other persons or business.
c) The Toolbar must only be used in a legal manner and not in any manner that is prohibited by law or in any way what could violate a contract which you are bound to.
d) You do also agree not to use the Toolbar in any manner that would overburden the rSpark servers and/or interfere with other user's ability to use the rSpark service.

1.3 Intellectual Property
You also acknowledge that all rights, ownership, titles and interest in the Toolbar and the services provided through the toolbar, including all Intellectual Property Rights remain with rSpark, its partners and affiliates. "Intellectual Property Rights" refers to any and all rights in existence and from time-to-time under copyright law, patent law, trademark law, trade secret law, unfair competition law and also of any and all other proprietary rights including any and all restorations, extensions, renewals or applications thereof both now and hereafter in effect and in force worldwide.

You also agree not to translate, modify, adapt, reverse engineer, decompile, disable or otherwise create derivative works based on the source code of the Toolbar. You also agree not to obscure, remove, alter or change any copyright notice, trademarks or any other proprietary rights notices contained within, affixed to or accessible in conjunction with or through the Toolbar.

1.4 Disclaimers.
a) The rSpark Toolbar does display the search results, services or products from different companies (henceforth referred to as "Entities"), the display of this information in no way acts, implies or constitutes sponsorship or approval of said Entities or any of their products or services. rSpark cannot and will not be held liable for any action or inaction on the part of said Entities through the use of any of their products or services. Use of the Toolbar and any Entities you deal with as a result of that is at your own risk.

b) rSpark provides all of its services "as is" and, except as expressly set forth in this Agreement, disclaims all other warranties whether they be oral, written, implied or express. This includes without any limitation any merchantability warranties, titles or suitability for a specific purpose. rSpark cannot and will not be held liable for outages of the Toolbar caused by the failure of public or private networks, or also of any errors in any electronic files provided by rSpark as part of the Toolbar service. rSpark does not make any representation or warranty, either implied or in writing, that the operation of the rSpark Toolbar or website will be error-free or uninterrupted and as a result of this rSpark cannot be held liable for the consequences of any such interruption or outage.

1.5 Limitation of Liability.
Neither rSpark nor any of its partners or affiliates can or will be held liable for any loss of profits, goodwill, business, data loss, business interruption or any other incidental or special damages resulting from use of or in connection with the rSpark agreement, even if rSpark or any of its suppliers are aware of the potential or possibility of such damages occurring. rSpark will also not be held liable for any damage that result in way from your own personal or business use or inability of use in relation to the rSpark services or that might also be a result of errors, defects, delays, omissions or failure in performance of the rSpark service.

1.6 Limitation of Liability.
Neither rSpark nor its partners will be liable for (i) any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this agreement even if rSpark or its supplier is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use rSpark services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the rSpark services.

1.6 General Terms
a) You will comply with the conditions and terms of all agreements that exist between you and any third parties, including any providers of marketplaces, in such way that those terms and conditions relate or apply to use of rSpark services.
b) Except for the limited purpose as previously stated in the "Limited Agency" section both you and rSpark are independent contractors and no partnership, joint venture, franchisee or other business or personal relationship can be created or is intended by this Agreement.
c) Except and unless explicitly stated otherwise any and all notices will be given by email from administration@rSpark.com. After a period of 24-hours has passed notice will be deemed given unless the sending party received an error that the email address is invalid. We may, as an alternative, choose to provide notice via certified mail with a return receipt requested to the address provided to rSpark during the end-user registration process. In cases where certified mail is used notice will be deemed as given after 3-days have passed.
d) Any and all claims in any way arising in relation to this Agreement will be settled in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Seattle, Washington and judgment on the arbitration may be entered into any court having authority within that jurisdiction. Either rSpark or you may seek interim relief from a court of competent jurisdiction in Washington to protect the rights and/or property of rSpark pending the completion of the aforementioned arbitration.
e) Washington State law will govern the entirety of this Agreement, except for any body of law relating to conflicts of the law itself. In accordance with arbitration the venue for any such legal action will be the state courts of Seattle, Washington or the closest federal court available at that time. Whichever party prevails in these legal proceedings will be entitled to recover from the other party its costs and both reasonable attorneys fees and expenses.
f) Failure to enforce any aspect of this Agreement shall not be deemed as a waiver of the right to enforce the conditions of this Agreement at a later date.
g) This Agreement sets forth and constitutes the entire understanding and agreement between rSpark and you in respect to the aforementioned subject matter. You also agree that you are not entering into this Agreement in reliance on any representations or statements other than those listed previously. If any part or provision of this Agreement is held or deemed to be unenforceable or even invalid, such provision will be struck from the Agreement and the remaining aspects of the Agreement will be enforced if the need arises.
h) The Agreement and your user name and password are not transferable, sublicenceable or assignable without prior and written consent by rSpark. i) The party which prevails in any litigation or legal action related to this Agreement can recover reasonable attorney's fees, expenses and other costs from the other party.

1.7 Miscellaneous Terms
a) rSpark reserves the right to terminate our Terms, in relation to the Toolbar, immediately and without warning. You must cease using the Toolbar upon such termination.
b) These current Terms of Use shall supersede any and all prior agreements and understandings whether oral or in writing.
c) The rSpark Terms of Use are, without prior notification, subject to change but users can review our Terms of Use on this page at any time of their choosing.

Simply uninstalling or removing the Toolbar from any PC or Mac it's installed on and no longer using the Toolbar software itself is the same as terminating our Terms of Use.

1.10 Questions.
Please contact us with any comments or questions that you might have.