TERMS & CONDITIONS
Last updated: November 8, 2025
These Terms and Conditions constitute a legally binding agreement between you and Retro Spark regarding your access to and use of our website, services, and any related content or materials.
By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our website or services.
1. AGREEMENT TO TERMS
These Terms and Conditions, together with our Privacy Policy and any other legal notices published by Retro Spark, shall constitute the entire agreement between you and Retro Spark concerning your use of our website and services.
You represent and warrant that you are at least 18 years of age or have reached the age of majority in your jurisdiction. If you are accessing our website or services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after such modifications constitutes acceptance of the updated terms.
2. USER OBLIGATIONS AND CONDUCT
2.1 Compliance with Laws
You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of our website and services. You are solely responsible for ensuring that your use of our services does not violate any applicable laws in your jurisdiction.
2.2 Prohibited Activities
You shall not engage in any of the following prohibited activities:
- • Using our services for any unlawful purpose or to solicit others to perform unlawful acts
- • Violating any intellectual property rights, privacy rights, or other rights of third parties
- • Uploading or transmitting viruses, malware, or other malicious code
- • Attempting to gain unauthorized access to our systems or networks
- • Engaging in any activity that interferes with or disrupts our services
- • Impersonating any person or entity or misrepresenting your affiliation with any person or entity
2.3 Indemnification
You agree to indemnify, defend, and hold harmless Retro Spark, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees arising from your violation of these Terms and Conditions or your use of our services.
3. WARRANTIES AND DISCLAIMERS
3.1 No Warranties
Our website and services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Retro Spark disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
3.2 Service Quality
We do not warrant that our services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We make no guarantees regarding the accuracy, reliability, or completeness of any information provided through our services. Any reliance you place on such information is strictly at your own risk.
3.3 Third-Party Content
Our website may contain links to third-party websites or services that are not owned or controlled by Retro Spark. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites or services.
4. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Retro Spark, its directors, officers, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to:
- • Your access to or use of or inability to access or use our services
- • Any conduct or content of any third party on our services
- • Any content obtained from our services
- • Unauthorized access, use, or alteration of your transmissions or content
In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. Our aggregate liability for all claims relating to these Terms and Conditions or our services shall not exceed the greater of one hundred dollars ($100 USD) or the amount you paid us in the twelve months preceding the claim.
5. FORCE MAJEURE
Retro Spark shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In the event of such delay or failure, our performance obligations shall be suspended for the duration of the force majeure event.
6. DISPUTE RESOLUTION
6.1 Informal Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or our services, the parties agree to first attempt to resolve the dispute informally by contacting us and providing a detailed description of the dispute. We will attempt to resolve the dispute through good faith negotiations within thirty days.
6.2 Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms and Conditions shall be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts.
6.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.
7. GENERAL PROVISIONS
7.1 Severability
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
7.2 Waiver
No waiver by Retro Spark of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
7.3 Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Retro Spark concerning your use of our website and services. These terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Retro Spark.
7.4 Assignment
You may not assign or transfer these Terms and Conditions or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms and Conditions without restriction. Any attempted assignment in violation of this provision shall be null and void.
7.5 Survival
All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
QUESTIONS OR CONCERNS?
If you have questions about these Terms and Conditions or need clarification on any provision, please contact us.
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