Terms and Conditions

Welcome to PoolSpark!

This agreement (“Agreement”) is a legal contract between you and PoolSpark, Inc. (“PoolSpark”, “we”, “our” or “us”) governing your use of our website, located at www.poolspark.com (the “Site”), the PoolSpark mobile app (the “App”), your PoolSpark Account (defined below), and the software, services or other offerings provided by us from time to time (collectively, the “Services”).

By using any of the Services, you agree to be bound by and to comply with all of the terms and conditions set forth in this Agreement (the “Terms”), our Privacy Policy located at www.poolspark.com/privacy (the “Privacy Policy”), as well as all other terms, policies, guidelines and rules incorporated by reference into this Agreement.

Please review these Terms carefully. If you do not agree to these Terms or the terms of the Privacy Policy, do not use this Site or any of the Services. We reserve the right, with or without notice, to make changes to this Agreement at our discretion. Your continued use of this Site or any of the Services constitutes your acceptance of such changes to this Agreement. You should review this Agreement periodically to determine if any changes have been made. The most current version of this Agreement, which supersedes all previous versions, can be reviewed by going to www.poolspark.com/terms.

Registration and Accounts

Joining PoolSpark

To create a PoolSpark account (“PoolSpark Account”) and use the Services, you must be a resident of the United States, be at least 18 years old, and use a Facebook account that you own. During the registration process, you will be required to provide your name and email address, and login to your Facebook account, which will be used to authenticate your identity.

Your PoolSpark Account and the Services we provide are for your personal use and may not be used for any other purpose, including any commercial purpose, unless you have received our express written approval.

The credentials you use to access your PoolSpark Account and the Services should be kept strictly confidential. You are solely responsible for maintaining the confidentiality of your password and PoolSpark Account, and for all activities associated with or occurring under your PoolSpark Account. We reserve the right to require you to choose another username or password. If you become aware of any unauthorized use of your password or PoolSpark Account, or any other breach of security, please contact us immediately. We are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement.

You are also required to maintain all information provided during the registration process (e.g. your name, physical address, email address, etc.) so that it remains true, accurate, up-to-date and complete at all times. You represent and warrant that any information you provide to us is truthful and accurate to the best of your knowledge.

We may permit you to register through certain third-party social networking services, such as Facebook Login (“Authentication Service”). By registering for a PoolSpark Account and/or logging into your PoolSpark Account using an Authentication Service, you agree that we may access and use your information on the Authentication Service including, but not limited to, your username, profile picture, age and date of birth, email address, and friends/contacts list. We are not affiliated with any Authentication Service and you are solely responsible for your interactions with the Authentication Service.

Connecting Your Bank Account

If we have verified the required identifying information that you provide to us, you will be given the ability to link your checking or savings bank or credit union account held at a state or federally-chartered institution in the U.S. (your “Bank Account”) to your PoolSpark Account. A linked Bank Account is required in order to create and/or join a pool (a “Pool”), and will be used to withdraw and deposit funds for the Pools you create and join. Therefore, your banking information (e.g. your routing number, account number, and bank name) must be kept current at all times. If this information changes, we may update it using information any third party sources available to us, without any action on your part.

In order to connect your Bank Account to your PoolSpark Account, you will be required to verify your ownership of the Bank Account. You can verify your ownership in two different ways. You can instantly verify your ownership of the Bank Account using your bank’s account credentials (i.e. login and password) during the PoolSpark Account registration process. Alternatively, you can verify your ownership by electing to receive two (2) small micro deposits into your Bank Account. After receiving the deposits, you will be required to enter the exact amount of the deposits on the Site to complete the verification. The random deposits are temporary and will eventually be debited from your Bank Account.

PoolSpark Pools

General

PoolSpark is a platform that allows you to connect, contribute and collect money that is pooled between your friends and other PoolSpark members (collectively, “Members”) for a specific purpose, such as saving for a trip, purchasing a new car, or paying down debt. After obtaining a verified PoolSpark Account, Members may create Pools, invite other Members to join their Pools, and contribute to the Pools they’ve joined.

Creating a Pool

To create a Pool, a Member (referred to as the Pool’s “Owner”) will be required to designate a name for the Pool (the “Pool Name”) and provide certain details about the Pool, such as the Pool’s start date (“Start Date”), the total amount to be pooled each round (the “Pool Amount”), the number of Members required for the Pool, and the frequency at which the Pool’s Members make contributions and receive payouts.

Each round (a “Round”), the Pool’s Members (including the Owner) will be required to make equal contributions to the Pool (each, a “Contribution”), and one (1) Member will receive a Payout (as defined below) of the Contributions, until each of the Pool’s Members receives the Payout one time. By default, the Owner will receive the Payout in the first Round. However, when creating the Pool, the Owner can choose to receive the Payout in any Round of their choice. The Round that each of the other Pool Members receive his/her Payout will be determined as each Member joins the Pool (as further described below).

Inviting Members to Pool

Once the Owner enters the details required to create his/her Pool, the Owner may make changes to the Pool or send invitations to other Members to join. However, once an invitation has been sent out, the Pool’s details cannot be modified. In addition, the Owner may send invitations to more than the minimum number of Members required for his/her Pool. Once the minimum number of Members needed for the Pool accept the invitation, the Pool is automatically created and no other Members are allowed to join. If the minimum number of Members needed for the Pool don’t join prior to the Start Date, the Owner may extend the Start Date and send additional invitations to obtain the minimum number of Members needed to start the Pool.

Joining a Pool

When a Member receives an invitation to join a Pool, the invitation and details of the Pool can be viewed in the Member’s PoolSpark Account. If the invitation is accepted, the Member may select the Round he/she desires to receive the Payout from any of the Rounds that remain available.

Contributions and Payouts

Each Round, the Pool’s Members will make equal Contributions to the Pool, the sum of which will total the Pool Amount. For example, if a Pool has 4 Members and the Pool Amount is set at $1,000, there will be a total of 4 Rounds. Each Round, all 4 Members are required to make a Contribution of $250 each.

In the Round that you are designated to receive the Payout, you will receive a transfer in an amount equal to the Pool Amount, minus the Transaction Fee (defined below) (the “Payout”).

When you register for a PoolSpark Account and create or join a Pool, you are allowing us to initiate transfers to and from your linked Bank Account for your required Contributions and Payouts. Beginning on a Pool’s Start Date, and each time you are required to make a Contribution to the Pool thereafter, we will make an electronic transfer from your linked Bank Account, and you authorize us to initiate such transfer, in the amount of the Contribution. In the Round that you are designated to receive a Payout, the Contributions are temporarily placed in your PoolSpark Balance (defined below) and we will initiate an electronic transfer to your linked Bank Account, and you authorize us to make such transfer, in the amount of the Payout.

You acknowledge and agree that the time it takes to process such transfers may vary. Subject to any holds placed by the sending or receiving bank, or delays due to fraud or compliance concerns, transfers to and from linked Bank Accounts will process within 4-6 business days (not including observed national bank holidays).

In order to change the funding source of a future Contribution, you must switch your linked Bank Account to another verified Bank Account in your PoolSpark Account settings prior to the date of your next scheduled Contribution.

YOU SHOULD ALWAYS ENSURE THAT YOUR BANK ACCOUNT CONTAINS SUFFICIENT FUNDS TO COVER THE CONTRIBUTION AMOUNT BEFORE THE TRANSFER IS INITIATED. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.

Fees

We do not charge a fee for making Contributions to a Pool, provided, that the transfer is sufficiently funded by your Bank Account. If the initial transfer of your Contribution is rejected by your bank for any reason, we may attempt to (and you authorize us to attempt to) initiate the transfer again, as permitted by NACHA.

When a Payout is made, we charge a transaction fee in an amount equal to three percent (3%) of the Pool Amount (the “Transaction Fee”). Using the same example above, if a Pool has 4 Members and the Pool Amount is $1,000, each Member will make a Contribution of $250 each Round, the Transaction Fee is $30, resulting in a Payout of $970.

The Transaction Fee may change from time to time, in our sole discretion, and we will provide you with prior notice of any such change; provided, however, that the Transaction Fee will not change while you are in an active/ongoing Pool. You agree to pay the Transaction Fee and authorize us to deduct the Transaction Fee from your Payouts.

Default

If your Contribution to a Pool cannot be made for any reason including, but not limited to, your Bank Account not containing funds sufficient to cover the amount of the Contribution, we reserve the right to charge you a $35 fee for each such default. In order to manage risk, and to protect us, our Members and the integrity of the Services, we may, in our sole discretion, notify Pool Members of your default and either (a) permit completion of the Pool and cover the cost of any Contributions you owe, or (b) terminate the Pool and return any funds contributed by the non-defaulting Pool Members. In either event, you will remain liable to us for any payment of the Contributions covered by us, plus any fees charged as a result of your default.

You further agree that such amounts may be deducted from any future Payouts made to you and/or recovered by exercising any of our rights set forth herein.

Payouts and Contributions That Are Invalidated and/or Reversed

Payouts may be invalidated and reversed if, among other reasons, a Payout was sent to you in error or the Payout was unauthorized. If you are the recipient of a Payout that is later invalidated, you may be liable to us for the full amount of the Payout and as permitted by NACHA, we may reverse and debit the amount of the invalidated Payout (including any applicable fees) from your Bank Account, to cover the liability.

When recovering the amount of an invalidated Contribution from you, we may request that you add money to your linked Bank Account for the amount of the Contribution and any additional fees due, debit such funds from your Bank Account, and apply that money to any amounts owed, and/or we may (a) place a limitation or take other action on your PoolSpark Account and (b) engage in collection efforts to recover such amounts from you.

If we invalidate a Contribution made because the originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the originating bank to decline or reverse the payment. If you believe that a payment initiated with your Bank Account was not authorized, then you must notify us immediately, even if you (or someone else) dispute the transaction with the originating bank. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you, as described above.

Account Activity

You may view your PoolSpark Account activity by logging into your PoolSpark Account on the Site. You agree to comply with all applicable laws regarding your use of your PoolSpark Account, the Site and the Services.

Accuracy of Account Information

You represent and warrant that your PoolSpark Account information will be truthful, accurate, and kept up-to-date at all times. You must notify us immediately of any unauthorized use of your PoolSpark Account and any other breach of security. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or resulting from the use of your PoolSpark Account, either with or without your knowledge.

Closing Your PoolSpark Account

Except as otherwise set forth herein, you may close your PoolSpark Account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your PoolSpark Account, even after it is closed. Any ongoing Pools and/or Contributions you are required to make to a Pool must be completed before closing your PoolSpark Account. In certain cases, you may not close your PoolSpark Account, including: to evade an investigation; if you have a pending transaction or an open dispute or claim; if you owe amounts to us; or if your PoolSpark Account is subject to a hold or limitation.

Third-Party Services and Information

Generally

The Site and our Services may provide links and other connections to third-party websites, applications and services (“Third-Party Sites”), and may allow Third-Party Sites to provide information or services to us for our Services. We may also make certain portions of our Services available through Third-Party Sites. The content, features and business practices of such Third-Party Sites are not under our control, and we will not be responsible or liable for any damages or losses caused by or in connection with the use of Third-Party Sites or any information, product or service available on or through such Third-Party Sites. Our provision of a link to, or services through, any Third-Party Site does not imply any endorsement by us or any affiliation between us and the Third-Party Site, and your use of any Third-Party Site or services of any third party is between you and such third party.

Connecting Your Third-Party Site Accounts

Our Services may provide you with the ability to connect your use of our Services to accounts you open or maintain with specified Third-Party Sites (e.g., a bank with which you open or maintain an account, referred to herein as the “Bank”). If you choose to connect to your Third-Party Site account in this way, you grant us permission to submit information to such Third-Party Site related to your use of the Service, and to access your content on the Third-Party Site and use it to provide the Service in accordance with these Terms. In some cases, you may change our ability to access such content by changing the permission settings in your Third-Party Service account, but note that doing so may affect the functionality of the Service.

Transfers Facilitated by Dwolla, Inc.

In order to use the payment functionality of our Services, you must open a "Dwolla Platform" account provided by Dwolla, Inc. (“Dwolla”) and accept the Dwolla Terms of Service, located at https://www.dwolla.com/legal/tos/ and Privacy Policy, located at https://www.dwolla.com/legal/privacy/ (collectively, the “Dwolla Terms”). Any funds held in your PoolSpark Account (“PoolSpark Balance”) are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize us to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our Website, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at support@poolspark.com.

Use of Information

When creating or joining a Pool, your name, location, Facebook profile photo and other details about your membership (e.g. date joined, Member rating, number of Members invited, Pool history, and amount(s) you have contributed) may be displayed on the Pool’s page, in addition to the Pool’s details. You may not reproduce information published about any other Member on other websites or pages without the consent of such Member for such sharing and use. In addition, when using our Site, you shall be subject to any posted policies, guidelines or rules applicable to your use of the Site and any Services, including, but not limited to, our Privacy Policy and the Dwolla Terms. All such policies, guidelines and rules are hereby incorporated by reference into this Agreement.

We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. In addition, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Intellectual Property

You acknowledge and agree that the Services and any necessary software used in connection with any of our Services (“Software”) contain proprietary and confidential information that is the property of PoolSpark and/or its licensors, and is protected by applicable intellectual property and other laws. No rights or title of or to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or Software, in whole or in part.

You acknowledge our exclusive rights in the PoolSpark trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of PoolSpark or the party that provided such intellectual property to us. PoolSpark and any party that provides intellectual property to PoolSpark retain all rights with respect to any of their respective intellectual property appearing in this Site, and no rights in such materials are transferred or assigned to you.

Limitations

Under certain circumstances, in order to manage risk, protect us, our Members, and the security and integrity of the network that uses the Services, we may, in our sole discretion, impose limits on:

  • the number of Pools you are permitted to create and/or join;
  • the number of Members permitted to join your Pool;
  • the total value of the Pool Amount; or
  • the number and types of accounts that may be linked or added to your PoolSpark Account.

Such limits may change from time to time in our sole discretion. Limitations may be implemented when we notice a PoolSpark Account is engaging in a prohibited use, a restricted activity, or other activity that appears to be unusual or suspicious. A limitation may also be imposed on your PoolSpark Account, including:

  • If we suspect someone could be using your PoolSpark Account without your knowledge;
  • If we are informed that someone has used your Bank Account without permission;
  • In order to comply with the law; or
  • If we reasonably believe you have breached this Agreement, or any other agreement or policy, applicable to you.

In order to remove a limitation, you will be required to provide us with any information we may reasonably request to resolve the issue(s) affecting your PoolSpark Account. Notwithstanding the foregoing, if we reasonably believe a risk still exists after we have received any information we request from you, we reserve the right to take action to protect us, our Members, a third party, and/or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

Prohibited Uses and Restricted Activities

Prohibited Uses

Your PoolSpark Account and our Services are for your personal use and may not be used for any other purpose, including any commercial purpose, unless you have received our express written approval. You may not use our Services, including any Pools, for the sale of goods or services or for crowdfunding, nor may you offer “rewards” or “perks” in return for a contribution to your Pool. Contributions made to a Pool are considered personal payments and are not eligible for FDIC insurance. Specifically, you may not use our Services, including Pools, for:

  1. activities that violate any law, statute, ordinance or regulation;
  2. activities that relate to transactions involving (i) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (ii) drug paraphernalia, (iii) cigarettes, (iv) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (v) stolen goods including digital and virtual goods, (vi) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (vii) items that are considered obscene, (viii) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (ix) certain sexually oriented materials or services, (x) ammunition, firearms, or certain firearm parts or accessories, or (xi) certain weapons or knives regulated under applicable law; or
  3. activities that relate to transactions that (i) show the personal information of third parties in violation of applicable law, (ii) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (iii) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts, (iv) are by payment processors to collect payments on behalf of merchants, (v) are associated with the sale of traveler’s checks or money orders, (vi) involve currency exchanges or check cashing businesses, (vii) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (viii) involve offering or receiving payments for the purpose of bribery or corruption.

You may not transfer your PoolSpark Account to any other person and you may not use a PoolSpark Account owned by any other individual or third party, at any time. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Site.

Restricted Activities

In connection with your use of our Site or the Services (including your PoolSpark Account), or in the course of your interactions with us, other Members, or third parties, you must not:

  • Breach this Agreement or any other policies, guidelines or rules incorporated by reference into this Agreement;
  • Violate any law, statute, ordinance, or regulation;
  • Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • Use your PoolSpark Account to conduct transactions for the purchase or sale of goods or services;
  • Create or control more than one PoolSpark Account for yourself, without our express authorization, through, among other methods, using a name that is not yours, using a temporary or alternative email address or phone number, or providing any other falsified personal information;
  • Act in a manner that is defamatory, trade libelous, threatening or harassing;
  • Provide false, inaccurate or misleading information;
  • Refuse to cooperate in an investigation or to provide confirmation of your identity or any information you provide to us;
  • Attempt to “double dip” by receiving, or attempting to receive, money from us and the sender of a Contribution or a bank, for the same transaction;
  • Use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties or other liability or losses to PoolSpark, other Members, third parties or you;
  • Have any amounts owed to us;
  • Take any action that imposes an unreasonable or disproportionately large load on our Site, Services, Software, or systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf;
  • Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information, Services or our Site;
  • Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Site without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
  • Interfere or disrupt or attempt to interfere with or disrupt our Site, Services, Software, or systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf;
  • Take any action that may cause us to lose any of the Services from our Internet service providers, suppliers or other service providers;
  • Use the Services to make excessive or unexplainable transactions;
  • Circumvent any of our policies or determinations about your PoolSpark Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional PoolSpark Account(s) when you have amounts owed to us or when your PoolSpark Account has been restricted, suspended, terminated or otherwise limited; opening new or additional PoolSpark Accounts using information that is not your own (e.g. name, address, email address, bank account, etc.); or using someone else’s PoolSpark Account; or
  • Harass and/or threaten our employees, agents, or other Members.

Actions We May Take

Your use of the Site and our Services is at our discretion and we may terminate your use of the Site or any of the Services, including an ongoing Pool, at any time. If we determine, in our sole discretion, that you are using our Site, a Pool or any Service for any purpose not permitted under these Terms, we reserve the right to limit, restrict, or close your PoolSpark Account. In the event an active Pool is terminated due to another Member’s violation of this Agreement, we may, in our sole discretion, notify Pool Members of such Member’s violation and return any funds contributed by the non-defaulting Pool Members.

If we believe that you’ve engaged in any of the prohibited uses and/or restricted activities described in these Terms, we may take a number of actions to protect ourselves, our Members, and others at any time, in our sole discretion, including, but not limited to: (a) Terminate this Agreement, limit, suspend, or close your PoolSpark Account, immediately and without penalty to us; (b) Refuse to provide the Services to you in the future; (c) Limit your access to the Site, Software, or systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, your PoolSpark Account or any of the Services; (d) Update inaccurate information you provided us; and/or (e) Take legal action against you.

If we terminate your use of the Services and/or close your PoolSpark Account for any reason, we’ll provide you with notice of our actions and deposit any unrestricted money held in your PoolSpark Balance into your Bank Account, after deducting any funds you owe us.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any Member, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. In such event, you shall pay all costs, expenses, and reasonable attorneys' fees resulting from the enforcement of this Agreement, or any right arising out of such breach.

Indemnification and Limitation of Liability

You agree to defend, indemnify and hold us, our subsidiaries, affiliates, licensors, content and service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the Services, or your violation of any law or the rights of a third party. You agree that the Indemnified Parties will have no liability in connection with any such breach, or unauthorized or improper use.

THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR THE INDEMNIFIED PARTIES WERE GROSSLY NEGLIGENT. WE WILL INCUR NO LIABILITY FOR LATE OR UNSUCCESSFUL TRANSFER ATTEMPTS, IF THE DESIGNATED BANK ACCOUNT HAS INSUFFICIENT FUNDS, IF THE MONEY IN THE ACCOUNT IS SUBJECT TO LEGAL PROCESS OR OTHER ENCUMBRANCES RESTRICTING ITS TRANSFER, IF THE USERNAME OR PASSWORD FOR THE APPLICABLE POOLSPARK ACCOUNT HAS BEEN REPORTED AS LOST OR STOLEN, IF A MEMBER HAS FAILED TO PROVIDE PROPER OR ACCURATE INFORMATION, IF WE HAVE REASONABLE GROUNDS TO BELIEVE THAT SUCH TRANSFER IS UNAUTHORIZED, OR IF DUE TO ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING ANY NATURAL DISASTERS OR OTHER FORCE MAJEURE EVENTS. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE INDEMNIFIED PARTIES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE AMOUNT YOU HAVE PAID TO POOLSPARK FOR THE USE OF ANY SERVICES IT PROVIDES.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Disclaimer of Warranty and Release

PoolSpark is not a bank, a money services business, a money transmitter, or an issuer of stored value products, and Pools are not bank accounts nor are they eligible for FDIC insurance. You will not earn interest on any funds you contribute to, or funds you receive from, a Pool. In addition, we do not:

  • Act as an escrow agent with respect to any money sent to you that has not been transferred;
  • Act as your agent or trustee;
  • Enter into a partnership, joint venture, agency or employment relationship with you;
  • Guarantee the identity of any user or Member;
  • Determine if you are liable for any taxes; or
  • Collect or pay any taxes that may arise from your use of our Services.

YOUR USE OF THE SITE AND ANY SERVICES OFFERED IS AT YOUR OWN RISK. THE SITE AND ANY SERVICE AND/OR INFORMATION PROVIDED BY OR THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) THE SITE OR THE SERVICES OBTAINED THROUGH YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE SITE, ANY INFORMATION, FUNCTION OR CONTENT CONTAINED ON THE SITE, OR ANY SERVICE PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY ERRORS OR DEFECTS IN ANY SOFTWARE UTILIZED BY THE SITE WILL BE CORRECTED, OR (D) THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE SITE (INCLUDING ANY CONTENT ON THE SITE) MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AT ANY TIME. WE MAKE NO WARRANTIES THAT YOUR USE OF THE SITE (OR ANY CONTENT THEREON) WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU, FROM OR THROUGH US, SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

If you have a dispute with any other Member, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute(s). In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Electronic Communications

By registering with PoolSpark or using any of our Services, you consent to receive and view disclosures, notices, statements and other communications (collectively, “Disclosures”) from us relating to your PoolSpark Account electronically by: (a) Text to your mobile phone number (which may include a link to a new Disclosure on the Site, (b) To your email (or social media network), or (c) Notifications from our App.

Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Disclosures will include, but may not be limited to, the following:

The PoolSpark Site, Privacy Policy, and this Agreement (“Policies and Agreements”);

Disclosures and/or amendments we may provide you under our Policies and Agreements;

PoolSpark Balance, activity and any other information on your PoolSpark Account;

Periodic statements, receipts, confirmations, authorizations and transaction history for your PoolSpark Account;

Disclosures regarding the resolution of any claimed error on your periodic statements; and

Disclosures required or permitted by law or regulation.

Your consent is effective until further notice by us or until you revoke your consent to receive electronic Disclosures; provided, however, that electronic Disclosures that are transactional in nature or contain transactional or relationship content will continue to be sent even if you revoke your consent. You may revoke your consent to receive electronic Disclosures at any time by submitting your request in writing to: PoolSpark, Inc. 4737 Reed Rd. #121 Upper Arlington, OH 43220 Attn: Legal. If you do not consent or if you withdraw your consent, we reserve the right to refuse to provide the Services to you, to cancel your PoolSpark Account, place your PoolSpark Account on inactive status, or to provide a paper copy of Disclosures. We will only provide paper copies upon your request if your current mailing address is in your PoolSpark Account profile.

In order to receive Disclosures, whether by text or email, you need to have a means of printing or storing them. So, in addition to having an email address and phone number you must have (a) a Computer or mobile device with Internet connection; (b) a current web browser with cookies enabled; (c) a valid email address on file in your PoolSpark Account profile; and (d) the ability to store or print the Disclosures. We reserve the right to change these system requirements at any time.

In order to receive Disclosures, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your PoolSpark Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to determine your PoolSpark Account is inactive or take other actions as set forth in this Agreement. You will not be able to conduct any transactions in your PoolSpark Account until you update your mobile phone or email address in your PoolSpark Account profile.

We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your PoolSpark Account profile. You agree that (i) we may provide Disclosures to you electronically, on the terms and conditions set forth in this Agreement, (ii) your consent shall last until you revoke your consent, and (iii) you meet the system requirements specified above.

You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your PoolSpark Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.

Miscellaneous

Governing Law; Venue; Actions

If there is any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Site or Services at any time, whether before or after the date you agreed to the Terms, you agree that any such dispute, claim or controversy shall be governed by the laws of the State of Ohio, without regard to its conflict of law provisions. You further agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the Franklin, Ohio.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY US, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by us must be in writing and signed by an authorized representative of PoolSpark.

Modification and Termination

We reserve the right, at any time and in its sole discretion, to modify, cancel, suspend, discontinue or terminate, temporarily or permanently, the Site or any Service, with or without notice. You agree that we will not be liable to you or any third party for any modification, cancellation, suspension, termination or discontinuance of the Site or any Service.

Certification and Identity Authorization

You certify that you are at least 18 years of age and that your answers to the registration materials on the Site will be truthful. In accessing the Site and using the Services, you understand and agree that basic information concerning you, such as your name and Facebook profile photo, will be published on the Site for others to view. Your address and e-mail address are kept confidential, except where provided above.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY SERVICE PROVIDED BY THIS SITE. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS SITE FOR ANY PURPOSE.

You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include: (a) asking you to provide further information, such as your date of birth or a social security identification number, your physical address and other information that will allow us to reasonably identify you; (b) requiring you to take steps to confirm your ownership of, among other things, your email address, phone number or financial instruments; (c) verifying your information against third party databases or through other sources; and/or (d) requiring you to provide your driver’s license or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use our Services. We reserve the right to close, suspend, or limit access to your PoolSpark Account and/or the Services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

Relationship of the Parties

Nothing contained in this Agreement or your use of the Site or Services shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Your relationship with us is that of an independent contractor.

Entire Agreement

This Agreement constitutes the entire agreement between you and PoolSpark and governs the terms and conditions of your use of the Site and the Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PoolSpark with respect to the Site and Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including, but not limited to, the Privacy Policy and the Dwolla Terms), guidelines, or rules that may apply when you use the Site or the Services.

Contact Information

PoolSpark, Inc.
4737 Reed Rd. #121
Upper Arlington, OH 43220
legal@poolspark.com

Last Updated: April 1, 2019