Please read the following carefully. These Terms of Use (these “Terms”) govern your access to and use of the website at https://sprchrgr.com operated by SPRCHRGR, a California corporation (“SPRCHRGR,” “we,” “us,” “our”),  our blog, knowledgebase, and hosted web app portal https://sprchrgr.app (collectively, the “Site”). 

These Terms apply solely to your access to and use of the Site. If you purchase or use any of our services, those services are governed by the SPRCHRGR Terms and Conditions of Service available at https://sprchrgr.com/terms-of-service and any applicable order, statement of work, or subscription agreement. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE AND YOU MUST PROMPTLY CEASE USING IT.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as described in Section 15 below. You and SPRCHRGR agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

Table of Contents
1.    Your Access to the Site
2.    Permitted Use and Restrictions
3.    Privacy
4.    Feedback
5.    Intellectual Property Rights
6.    Third-Party Sites and Services
7.    SMS/MMS Mobile Messaging Program Terms and Conditions
8.    Indemnity
9.    Warranty Disclaimer
10.    Limitation of Liability
11.   Termination
12.   Communication Between Us
13.   Governing Law
14.   Dispute Resolution
15.   Notice for California Residents 
16.    Notice for New Jersey Residents
17.   Additional Important Terms
18.   Changes to These Terms
19.  Contact Information

---

1.    Your Access to the Site

1.1    Internet Access

When using the Site on your mobile, laptop, desktop, or other device (“Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.

1.2 Your Device

SPRCHRGR is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Site, including, but not limited to screen display operation features of your Device.

1.3 No Guarantee

Access to the Site may be suspended temporarily and without notice (i) in the event of a system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

2.    Permitted Use and Restrictions

2.1 License Grant

Subject to the terms and conditions of these Terms, SPRCHRGR hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Site (including updates and upgrades that replace or supplement the Site in any respect unless they are distributed with a separate license and any related documentation) solely for your internal, non-commercial informational use on a Device that you own or control. We reserve all other rights that are not granted in these Terms.

2.2 Use Restrictions

You may not access or use the Site in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copying, creation of derivative works, translation, reverse engineering, decompilation, disassembly, or hacking of the Site; (ii) sell, assign, rent, lease, or grant rights in the Site including, without limitation, through sublicense, to any other person or entity; or (iii) use the Site for any unlawful purpose or in violation of applicable law; or (iv) use the Site in a manner that interferes with, disrupts, or creates an undue burden on the Site or SPRCHRGR’s systems or networks. 

2.3 Eligibility

The Site may not be used by anyone under the age of 18. By accessing or using the Site, you represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law).

2.4    Investigations

We may, but are not obligated to, monitor, or review the Site at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to access and use the Site pursuant to Section 12 (Termination) below.

2.5 Violation of these Terms 

You must not use (or permit a third-party to use) the Site: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site; (iv) via use of a robot, spider, or other automated device to monitor or copy the Site or any information provided by the Site, other than as permitted by the robots.txt file for the Site; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (“spam”). You acknowledge and agree that you are solely responsible, and SPRCHRGR has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms or for the consequences of any such breach.

3.    Privacy

These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy, and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy.

4.    Feedback

We welcome feedback from our users and appreciate your comments regarding the Site. However, our policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Feedback”) that we have not specifically requested. This policy is intended to help us and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.

If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Feedback, the following terms shall apply to your Feedback: you acknowledge and agree that (i) such Feedback will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose such Feedback via the Site or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Feedback, and the right to transfer or sublicense such rights; (iii) we may have something similar to such Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with such Feedback under any circumstances. 

5.    Intellectual Property Rights

5.1 Trademarks

The SPRCHRGR name and logo are trademarks and service marks of SPRCHRGR. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

5.2 Ownership

You acknowledge that all intellectual property rights in the Site, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, code, the sequence, structure, and/or organization of code, and all other content in the Site and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets of SPRCHRGR, and are protected by intellectual property laws. You acknowledge and agree that SPRCHRGR, and/or its licensors, own all right, title, and interest in and to the Site, including all intellectual property, industrial property, and proprietary rights therein recognized anywhere in the world at any time and that the Site is protected by U.S. and international copyright laws. Nothing posted on the Site grants a license to any SPRCHRGR trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read through accessing the Site is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of SPRCHRGR. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

6.    Third-Party Sites and Services

The Site may contain links to allow you to share content directly with other third-party websites (“Third-Party Sites”) or otherwise access third-party content, services, or resources. You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. 

These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites, and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with the Third-Party Terms. 

7.    SMS/MMS Mobile Messaging Program Terms and Conditions

SPRCHRGR may offer a mobile messaging program (the “Program”) through the Site or in connection with your interactions with SPRCHRGR, in which case the following additional terms will apply. By opting-in, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 14 (Dispute Resolution) below. This agreement is limited to the Program and is not intended to modify other provisions of these Terms or the Privacy Policy that may govern the relationship between you and SPRCHRGR in other contexts.

7.1 Signing Up and Opting-In to the Program

Enrollment in the Program requires you to provide your mobile number and agree to these terms and conditions. Before the Program starts, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Program and your agreement to these Terms. SPRCHRGR reserves the right to modify, suspend, or discontinue the Program at any time with or without notice.

7.2 By opting into the Program, you:

• • Authorize SPRCHRGR to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

  • Acknowledge that you do not have to agree to receive messages as a condition of access to the Site or any services.

  • Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.

  • Consent to the use of an electronic record to document your opt-in.

7.3 Messages You May Receive

You may receive messages related to the Site or SPRCHRGR’s offerings, including promotional messages. Such messages may include updates, alerts, or marketing communications. Promotional messages may include promotions, specials, and other marketing offers. Once you affirm your choice to opt-in to the Program, your message frequency may vary.
Without limiting the scope of the Program, users that opt-in to the Program can expect to receive messages concerning the marketing and sale of services.

7.4 Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Program.
Supported carriers vary and the Program may not be available on all wireless carriers. SPRCHRGR may add or remove any wireless carrier from the Program at any time without notice. SPRCHRGR and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

7.5 To Stop the Program

If you do not wish to continue participating in the Program or no longer agree to the terms in this Section 8, you agree to reply STOP, END, UNSUBSCRIBE, or QUIT to any mobile message from SPRCHRGR in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of communicating your decision to opt-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out and SPRCHRGR will have no obligation to terminate your participation in the Program pursuant to any such communication.

For service support or assistance, reply to a mobile message by typing “HELP” or send an email to support@sprchrgr.com.  

7.6 MMS Disclosure

The Program will send SMS terminating messages if your mobile Device does not support MMS messaging. 

7.7 Our Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to operate in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of SPRCHRGR’s control.

7.8 Participant Requirements

You must have a wireless Device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your Device capabilities for specific text messaging instructions.

7.9 Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including cancelling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt-out process set forth above prior to ending the wireless service subscription for the mobile telephone number associated with your participation in the Program. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the wireless service subscription for the mobile telephone number associated with your participation in the Program without notifying SPRCHRGR of such change, you agree that you will be responsible for all costs (including attorney’s fees) and liabilities incurred by SPRCHRGR, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in the Program. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

8.    Indemnity

You agree to indemnify and hold SPRCHRGR, its affiliates, and their respective business partners, licensees, licensors, officers, directors, members, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or in connection with: (a) your use of the Site; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as they may reasonably request.

9.    Warranty Disclaimer

WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SITE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SITE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content provided through the Site is accurate, complete, or up to date.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SITE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SITE AND ALL INFORMATION AND CONTENT PROVIDED THROUGH THE SITE.
No information or advice obtained through the Site, or affirmation by us, by words or actions, shall constitute a warranty.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

10.    Limitation of Liability

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SITE OR YOUR INABILITY TO ACCESS OR USE THE SITE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SITE OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SPRCHRGR, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole remedy for dissatisfaction with the Site including, without limitation, information and content provided through the Site, is to stop using the Site. Such limitation shall also apply with respect to damages incurred by reason of third-party content or services linked to or referenced on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or any links on the Site. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Site.

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, SPRCHRGR’s total liability arising in connection with the Site or under these Terms whether in contract, tort (including negligence) or otherwise, shall not under any circumstances exceed One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Site must be brought within one year after such claim or cause of action arises or be forever barred.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 11 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SPRCHRGR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SPRCHRGR’S GOVERNING LAW PROVISION SET FORTH BELOW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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.”

11.    Termination

We may terminate these Terms and/or terminate your permission to access and use the Site immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Site, or (c) we are prevented from providing the Site for any reason.

Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Site and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your access and use of the Site), and (z) you acknowledge that we may restrict your access to and use of the Site. Sections 3-5, and 7-17 will survive any termination or expiration of these Terms.

12.    Communication Between Us

If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us as indicated in Section 20 (Contact Information) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

13.    Governing Law

These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction).

14.    Dispute Resolution

14.1 User Concerns

Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in Section 20 (Contact Information) below.

145.2 Disputes

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy, allegation, or claim that arises out of or relates to the Site, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, the remaining portions of the arbitration provisions will remain in force. 

14.3 Arbitration Procedures

In the event your concern cannot be resolved informally, you and SPRCHRGR agree that, except as provided in Section 15.6 below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 15 (Dispute Resolution) and the JAMS Rules, the terms in this Section 14 will control and prevail. 

Except as otherwise set forth in Section 14.6 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and SPRCHRGR will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and SPRCHRGR may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. 

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

14.4 Location

The arbitration will take place in the City and County of Los Angeles, California, United States of America, unless the parties agree to video, phone, or internet connection appearances.

14.5 Limitations

You and SPRCHRGR agree that any arbitration shall be limited to the Claim between SPRCHRGR and you individually. YOU AND SPRCHRGR AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

14.6 Exceptions to Arbitration

You and SPRCHRGR agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

14.7 Arbitration Fees

If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

14.8 Severability

You and SPRCHRGR agree that if any portion of this Section 15 is found illegal or unenforceable (except any portion of Section 15.6), that portion shall be severed and the remainder of this Section 15 shall be given full force and effect. If Section 15.6 is found to be illegal or unenforceable then neither you nor SPRCHRGR will elect to arbitrate any Claim falling within that portion of Section 15.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the City and County of Los Angeles, California, United States of America, and you and SPRCHRGR agree to submit to the personal jurisdiction of that court.

15.    Notice for California Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd, Ste N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16.    Notice for New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you: Section 10 (Warranty Disclaimer), Section 11 (Limitation of Liability), and the California governing law provision of Section 14 (Governing Law) above (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

17.    Additional Important Terms

17.1 Assignment

The rights granted to you under these Terms may not be assigned without SPRCHRGR’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

17.2 Severability 

Except as otherwise provided in Section 15.8, if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

17.3 Attorneys’ Fees 

In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 15.7, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.

17.4 No Waiver

Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by SPRCHRGR of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.

17.5 Equitable Remedies

You acknowledge and agree that SPRCHRGR would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

17.6 Entire Agreement

These Terms, including the documents referenced in these Terms, constitute the entire agreement between you and SPRCHRGR with respect to the Site and supersedes any and all prior agreements between you and SPRCHRGR relating to the Site.

17.7 Transfer

We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligations under these Terms.

18.    Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms by posting the updated Terms on the Site and updating the Effective Date (and, where appropriate, by additional notice such as email). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice.

19.    Contact Information

If you have any questions or comments relating to the Site or these Terms, please contact us at: 

Questions or comments: support@sprchrgr.com or appsupport@sprchrgr.com. 

Violations of these Terms or copyright infringement: legal@sprchrgr.com

Phone: (424) 758-1113

Mail: SPRCHRGR, 8605 Santa Monica Blvd, PMB 66299, West Hollywood, CA 90069-4109