Terms of Service
Effective Date: 8/20/2024
Welcome to Spark Mints LLC. By using our website, purchasing our products, or engaging with our services, you agree to comply with and be bound by the following terms and conditions (“Terms of Service,” “Terms”). Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
1. Eligibility
- Age Requirement: You must be 18 years of age or older to purchase or use our products. By making a purchase, you confirm that you meet this age requirement.
- Shipping Restriction: We currently only ship to addresses within the United States.
2. Product Information
- Supplement Nature: Spark Mints LLC offers mint supplements infused with herbs. Our products are intended to support general well-being and are not designed to diagnose, treat, cure, or prevent any disease.
- No Medical Advice: The content provided on our website, packaging, or promotional materials is for informational purposes only and should not be considered medical advice. Always consult with a healthcare provider before starting any new supplement, especially if you have a pre-existing medical condition or are taking other medications.
3. Disclaimer of Results
- Results May Vary: The effectiveness of our products may vary from person to person. While some users may experience benefits, we do not guarantee specific results.
- Studies and Evidence: The claims made regarding the benefits of our products are supported by multiple studies. However, it is important to note that these studies may include both positive and negative results. With a mix of both human and animal studies. This information is provided to give a balanced view, and users should interpret it with caution.
4. FDA Disclaimer
- Statement: The statements made on this website and our products have not been evaluated by the Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease.
5. Consultation Recommendation
- Medical Consultation: We strongly recommend that you consult with a qualified healthcare provider before using any of our products, especially if you are pregnant, nursing, have any existing medical conditions, or are taking any other medications.
6. Limitation of Liability
- General Liability: Spark Mints LLC and its affiliates shall not be liable for any damages arising out of or in connection with the use of our products. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages.
- Product Safety: While we strive to ensure the safety and quality of our products, it is your responsibility to use them as directed. We are not liable for any adverse reactions or consequences resulting from misuse or overconsumption of our products.
7. Dispute Resolution
- Governing Law: These Terms of Service and any disputes arising out of or relating to the use of our website or products shall be governed by and construed in accordance with the laws of the state of Louisiana, without regard to its conflict of law principles.
- Arbitration Clause: Any disputes arising out of or relating to these Terms of Service, the use of our website, or our products shall be resolved through binding arbitration in New Orleans, Louisiana, in accordance with the rules of the American Arbitration Association. You agree to waive any right to participate in class action lawsuits or class-wide arbitration.
- Legal Claims: Any legal claims must be filed within one (1) year from the date of the occurrence leading to the claim. Claims filed after this period will be considered null and void.
8. Termination of Service
- Right to Terminate: Spark Mints LLC reserves the right to terminate your access to our website or services at any time, without notice, for conduct that we believe violates these Terms of Service, is harmful to our interests, or for any other reason as determined in our sole discretion.
- Effect of Termination: Upon termination, your right to use our services will immediately cease. Any provisions of these Terms of Service that are intended to survive termination (such as Limitation of Liability, Indemnification, and Dispute Resolution) shall continue in full force and effect.
9. Indemnification
- User Agreement: You agree to indemnify, defend, and hold harmless Spark Mints LLC, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of your use of our website or products, your violation of these Terms of Service, or your violation of any rights of another.
10. Entire Agreement
- Complete Agreement: These Terms of Service constitute the entire agreement between you and Spark Mints LLC regarding the use of our website and products, superseding any prior agreements between you and us. Any modifications to these terms must be made in writing and signed by an authorized representative of Spark Mints LLC.
11. Accuracy, Completeness, and Timeliness of Information
- No Guarantee: We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
- Right to Modify: We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
12. Modifications to the Service and Prices
- Price Changes: Prices for our products are subject to change without notice.
- Service Changes: We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- Liability for Changes: We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
13. Accuracy of Billing and Account Information
- Order Refusal: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made.
- Order Restrictions: We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
- Accurate Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- Returns Policy: For more detail, please review our Returns Policy.
14. Optional Tools
- Third-Party Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- As-Is Use: You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Risk of Use: Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- New Services: We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
15. Third-Party Links
- Third-Party Content: Certain content, products, and services available via our Service may include materials from third-parties.
- No Liability: We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- Third-Party Transactions: We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
16. User Comments, Feedback, and Other Submissions (continued)
- License to Use Comments: If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- Monitoring and Removal: We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
- Content Requirements: You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
- Accuracy and Identity: You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
17. Personal Information
- Privacy Policy: Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please visit Privacy Policy.
18. Prohibited Uses
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Prohibited Conduct: In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content:
- (a) for any unlawful purpose;
- (b) to solicit others to perform or participate in any unlawful acts;
- (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- (f) to submit false or misleading information;
- (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- (h) to collect or track the personal information of others;
- (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
- (j) for any obscene or immoral purpose; or
- (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
- Right to Terminate: We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
19. Changes to Terms of Service
- Right to Modify: You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20. SMS Program
- SMS Marketing: By opting in to Spark Mints LLC’s SMS marketing program, you agree to receive promotional messages from us. You may receive up to 6 messages per week. You may opt-out of receiving SMS messages from us at any time by replying "STOP" to any message received from us. After you opt-out, you will receive a confirmation message that you have been unsubscribed from the SMS marketing program.
- Standard Rates: If you are not on an FTEU (flat-rate or unlimited) mobile plan, message and data rates may apply. Please check with your mobile carrier for additional details. Standard message and data rates may apply for opt-out confirmation messages as well.
- Modifications to Program: We reserve the right to modify these terms and conditions at any time, and any such modifications will be effective immediately upon posting on our website or sending a message to you.
21. Entire Agreement
- Complete Agreement: These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and Spark Mints LLC, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).