SPARK, INC. - USER SITE SET-UP AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of September, 2009 (the "Agreement") by and between SPARK, Inc., a division/subsidiary of School Specialty, Inc., a Wisconsin corporation (hereinafter referred to as "SPARK"); and name listed above (hereinafter referred to as the "User" ).
WHEREAS, SPARK, agrees to provide, and User agrees to receive, access to the SPARK website according to the following terms and conditions; and
WHEREAS, the User requests that SPARK setup its account in the SPARK system, including all account and authorization information as detailed on the form attached hereto as the registration form; and
WHEREAS, SPARK agrees to perform such setup services under the terms and conditions of this Agreement.
NOW, THEREFORE, it is agreed as follows:
1. The User acknowledges that they have completed the registration form attached to this Agreement and that all such information is complete and accurate.
2. For registering Users requesting access as part of a district or school buying organization (as indicated in the registration form), SPARK agrees, within thirty (30) days [days may vary by size of account] of the date of this Agreement, to complete the setup services required to allow the User to access and utilize its account. Upon completion of the setup services, SPARK shall e-mail to the responsible party at the specified e-mail address, as described on the registration form, informing the User that its account is ready for review. The User shall have seventy-two (72) hours from issuance of said e-mail notice in which to review the details of the Educator's account. In the event that SPARK is not informed by the Educator by e-mail at firstname.lastname@example.org within said seventy-two (72) hour period of any required revisions or corrections, the account shall be activated and SPARK shall be relieved of any liability regarding the services provided under this Agreement.
3. For registering users requesting individual access (as indicated in the registration form), SPARK agrees to immediately allow the User to access and utilize the account.
5. Following the initial setup of the User account, revisions to said User account information, including, but not limited to the identity of authorized personnel, the amount of individual authorization limits, and other ancillary information, shall be performed by the User , unless separate arrangements are documented in writing between the User and SPARK.
6. Any modification to this agreement must be made in written or electronic form and signed/acknowledged by the User and SPARK.
*Non-Exclusive License – SPARK will provide each person to whom a user Educational Identification Log-in Code ("User ID") has been issued (a "User") with access to the Educational services of SPARK (the "Services") pursuant to the terms and conditions set forth in this Agreement. User will have a nonexclusive, non-transferable, limited license to access and use the Services at such times as the Services are generally available. LICENSEE agrees to be bound by the terms of this agreement upon accepting a User ID.