Terms and Conditions

Terms and Conditions
Last Modified: April 18, 2024


EcoForge Solutions (“EcoForge Solutions”) is a market research website offered by Spark No. 9 LLC to test demand for a product concept currently in development by Spark and its market research client(s). As used herein, “you” means you, the visitor to the EcoForge Solutions website. “We” and “us” or “Spark” means Spark No. 9 LLC and its third party service providers, collectively. By visiting the EcoForge Solutions site and/or signing up to learn more (such visits and sign ups, the "Services"), you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation those who are browsers or email newsletter subscribers.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1. Eligibility. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. You must be a resident of the United States of America to use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

2. Email Sign-Up. Our website is hosted by Instapage. Instapage provides us with the landing page platform that allows us to assess interest in a new product concept and to capture email addresses so that we may contact you about the new product if you sign up to be contacted.

3. Communications/Privacy. ‍By providing your email to learn more about EcoForge Solutions, you consent to receive notices and information regarding EcoForge Solutions electronically from us and from our market research clients involved in EcoForge Solutions. If you do not wish to receive emails, please do not sign up to learn more about EcoForge Solutions. Information you provide and account information retrieved in connection with your use of EcoForge Solutions is subject to the Spark Privacy Policy.

4. Customer Service. ‍If you have questions regarding EcoForge Solutions, please notify Spark at hello@sparkno9.com.

5. Accurate Information. ‍You agree to provide true, accurate, and current information about yourself and you agree to not misrepresent your identity or your account information.

6. Intellectual Property. ‍Spark or its market research client(s) owns all right, title and interest in and to EcoForge Solutions, including all intellectual property rights therein. The material accessible from EcoForge Solutions, including text, data, images, interfaces, the “look and feel” of EcoForge Solutions, and other materials or works of authorship (the “Content”) is owned by Spark or its client. You may not copy, distribute, republish, upload, post, or transmit Content in any way without the prior written consent of Spark, except that you may print out limited portions of the Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Spark has the right to modify, manage or eliminate any Content at any time.
Spark’s name, logos, and other product and service identifiers are Spark’s trademarks. All other trademarks appearing on EcoForge Solutions are the property of their respective owners. No rights are granted to you in these trademarks.
You may not copy, reproduce, distribute, or create derivative works from EcoForge Solutions or its content. You also agree not to use EcoForge Solutions or any content or information delivered through the EcoForge Solutions website in any way that would infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or that would violate any applicable law or regulation. You agree not to resell or make commercial use of EcoForge Solutions or otherwise provide other persons with access to EcoForge Solutions using your password or other user names.

7. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. ‍YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE EcoForge Solutions WEBSITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM ECOFORGE SOLUTIONS IS AT YOUR SOLE RISK. SPARK AND ITS MARKET RESEARCH CLIENT(S) EACH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO EcoForge Solutions AND THE TEST AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE ECOFORGE SOLUTIONS WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. (B) SPARK MAKES NO WARRANTY THAT (i) ECOFORGE SOLUTIONS WILL MEET YOUR REQUIREMENTS, (ii) ECOFORGE SOLUTIONS WILL BE DEVELOPED AND LAUNCH, (iii) THE RESULTS THAT MAY BE OBTAINED FROM ANY EVENTUAL USE OF A FUTURE EcoForge SolutionsY PRODUCT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ECOFORGE SOLUTIONS WILL MEET YOUR EXPECTATIONS, (v) THE CONTENT IS ACCURATE, COMPLETE, OR FREE OF ERRORS, OR (vi) ANY ERRORS IN THE CONTENT WILL BE CORRECTED. (C). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPARK OR ANY OF ITS MARKET RESEARCH CLIENTS THROUGH OR FROM ECOFORGE SOLUTIONS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. (D) SPARK, ANY OF ITS THIRD PARTY SERVICE PROVIDERS OR MARKET RESEARCH CLIENTS AND ANY OF THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ECOFORGE SOLUTIONS; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM ECOFORGE SOLUTIONS; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE USING ECOFORGE SOLUTIONS; OR (vi) ANY OTHER MATTER RELATING TO ECOFORGE SOLUTIONS. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

8. Indemnification. You agree to protect and fully compensate Spark, its third party service providers, market research clients, and each of their respective employees, agents, officers, equity holders, managers/directors, and affiliates, from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the EcoForge Solutions Website and the Services, your violation of these Terms of Use or your infringement of any intellectual property or other right of anyone. Spark reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.

9. Governing Law; Dispute Resolution. Your use of the EcoForge Solutions website or participation in communications about EcoForge Solutions via email shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. All disputes relating to the interpretation of this agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be New York, New York (Manhattan County). The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SPARK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Spark otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond).

10. Changes to and Cancellation of EcoForge Solutions. We reserve the right to cancel EcoForge Solutions or to make changes to these Terms of Service, at any time, in our sole discretion, with or without notice. We may also suspend your access to EcoForge Solutions email communications at any time without notice and for any reason. You agree that we will not be liable to you or any third party for any modification, suspension or termination of EcoForge Solutions.

11. Amendment. This agreement constitutes the entire agreement between the parties relating to the subject matter contained herein. Spark may modify this agreement at any time by posting the revised terms on EcoForge Solutions. If you do not agree to the modifications, you may be required to cease your access to EcoForge Solutions. Continued use or access of EcoForge Solutions after modification will constitute your acceptance of this agreement as modified.

12. Contact Us. You may contact us by emailing hello@sparkno9.com or by writing to us at Spark No. 9 LLC, 420 W. 14th Street, Suite 5SE, New York, NY 10014.

13. Digital Millennium Copyright Act. EcoForge Solutions respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
a. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows: Spark No. 9 LLC, 420 W. 14th Street, Suite 5SE, New York, NY 10014.
b. If you believe that your work has been copied on the sites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.