top of page

Nov 30, 2024

 

Welcome to Sole Spark Collective owned and operated by Soles Spark Collective LLC and Samantha Kehoe LLC. Please carefully read and review these Terms & Conditions in their entirety before using SoleSparkCollective.com

 

Purpose:

These Terms & Conditions, in conjunction with our Privacy Policy and Disclaimer, provide a transparent and comprehensive framework that defines the regulations, terms, and conditions governing the use, access, browsing, downloading, purchasing and/or any other engagement with any course, program, service, or product offered by Sole Spark Collective and/or Samantha Kehoe LLCor through SoleSparkCollective.com. By accessing, using, engaging with, or purchasing from SoleSparckCollective.com or Samantha Kehoe LLC, you agree to abide by these rules. If you do not agree to these rules, do not use this website. If you have any questions or concerns, please reach out to us at Samantha@solesparkcollective.com.

 

Definitions:

Throughout these Terms & Conditions, certain terms are used frequently. By using this Website, you acknowledge and accept the definitions below and the terms outlined in this clause, as well as all other Terms & Conditions provided on the Website.

  1. Company: "Company," "We," "Us," or "Our" refers to Sole Spark Collective and/or Samantha Kehoe LLC, the entities responsible for the operation and maintenance of the Website.

 

  1. Content: "Content" includes all text, images, icons, buttons, logos, graphics, videos, audio, software, data, and any other materials available on the Website.

 

  1. Website/Site: "Site" refers to SoleSparkCollective.com, its web pages, subdomains, and any associated URLs.

 

  1. You/Your: "You" or "Your" pertains to any individual, user, visitor, or entity accessing or using the Website, and includes both the individual and, if applicable, any legal entity on whose behalf the individual is acting.

 

1. Acceptance of Terms

 

By accessing, using, and/or engaging with this Site, or making a purchase from our Website, you acknowledge that you have read, understood, and agreed to these Terms, our Privacy Policy, our Disclaimer, and all other policies and procedures which may be published on this site. If you do not agree with these Terms, do not use our Website.

 

2. Age Requirement

 

You must be at least eighteen (18) years of age to use or access the Website and to consent to the Terms & Conditions. By accessing or using the Website, you affirm that you are at least eighteen (18) years old. If you are not eighteen (18) years old, stop using this Site now. If you are under eighteen (18) years old, you may only use the Website under the supervision and consent of a parent or legal guardian who agrees to be bound by these terms on your behalf.

 

3. Therapy and Coaching Services Distinction

 

Sole Spark Collective.com offers both therapy and coaching services, each with distinct purposes, methodologies, and limitations. Therapy services, offered through Samantha Kehoe LLC, focus on mental health treatment and are delivered within the boundaries of state licensing laws, clinical standards, and ethical guidelines specific to Samantha Kehoe’s professional licensure. Coaching services, offered through Sole Spark Collective LLC,  by contrast, aim to provide guidance and support in personal development, goal achievement, and general well-being. Coaching is not a substitute for mental health treatment or therapy, nor is it intended to diagnose or treat any mental health conditions. By engaging with our services, clients understand that coaching and therapy serve different roles, and consent to the provision of the service most appropriate for their needs as discussed during the free consultation. Should a client’s needs change, Samantha Kehoe will recommend transitioning to the appropriate service and may refer clients to other professionals if necessary.


 

4. Professional Responsibility

 

Samantha Kehoe LLC is committed to maintaining the highest standards of professionalism, ethics, and client care. All therapy services provided by Samantha Kehoe are conducted in compliance with state licensing requirements and applicable professional regulations. Therapy is offered only to clients residing in states where Samantha Kehoe holds an active license, and services adhere to confidentiality and privacy standards, including those under HIPAA. 

 

Coaching services, while also conducted ethically, do not fall under these same legal or regulatory protections and are intended solely for personal growth rather than clinical treatment. Clients are responsible for disclosing accurate and current information to support the effectiveness of services provided. Should you have any questions regarding the distinction between coaching and therapy or your individual needs, please feel free to inquire prior to engaging in any services by emailing Samantha@solesparkcollective.com


 

5. Informed Consent

 

Informed consent is a cornerstone of the services provided by both Sole Spark Collective LLC and Samantha Kehoe LLC. Clients are informed about the nature, benefits, risks, and limitations of therapy and coaching, enabling them to make knowledgeable decisions regarding their engagement. By continuing with therapy or coaching services, clients consent to the approach, techniques, and confidentiality limitations outlined by Samantha Kehoe. Therapy clients are protected by legal confidentiality standards, except in instances mandated by law, including threats to self or others, suspected abuse, or court orders. Coaching clients, while provided with privacy, do not receive the same level of legal confidentiality protections. Clients agree to communicate any questions or concerns regarding their services and understand that Samantha Kehoe prioritizes transparency and ethical responsibility in all interactions.

 

6. Intellectual Property Rights

 

The Content provided on our Site, including but not limited to text, images, graphics, buttons, icons, audio, video, and logos, is for informational purposes only (“Content” or “the content”). We and our licensors exclusively own all rights, including all intellectual property rights,  interest, and title to the content. You acknowledge that the content is protected by copyright, trademark, and other laws in the United States and foreign countries. You may not use, reproduce, modify, distribute, or create derivative works from our content without our prior written consent.

 

“User Content” refers to any content, writing, images, photographs, or other media shared by users to the site.  We do not claim any ownership rights to User Content and nothing in these Terms should be construed to restrict a user’s right to use and exploit their own User Content.

 

You retain ownership of any User Content you submit, but by providing User Content to the Website, you grant Sole Spark Collective LLC and/or Samantha Kehoe LLC  a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and Company's business.

 

Upon identification of any unauthorized utilization of our intellectual property, we shall contact and notify you of the infringement in writing. We will provide you a twenty-four (24) hour grace period from the time of electronic notification to remove the infringing content from all posting locations. Failure to comply within the stipulated twenty-four (24) hour timeframe will incur a penalty of $500 for each day of non-compliance, calculated on a per calendar day basis. Failure to comply within seven (7) calendar days after the receipt of our infringement notice, will result in the pursuit of any and all legal remedies including prosecution to the maximum extent of the law. By using this Site, you agree, understand, and acknowledge this provision.

 

7. Limited License

 

Subject to your compliance with these Terms & Conditions, Sole Spark Collective LLC and/or Samantha Kehoe LLC grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the content, materials, and services provided on the Website solely for your personal, non-commercial use.

 

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on the Site without prior written consent from Sole Spark Collective LLC and/or Samantha Kehoe LLCor the respective content owner, where applicable.

 

8. Purchase and Access

 

When you make a purchase of a course, program, service, or product offered on the Site, you agree to the following terms:

 

You agree to pay the specified fees for the selected course, program, service, or product. Payment must be made through the designated payment methods provided on the Website.

 

Upon successful payment, you will receive access to the purchased content for the duration specified in the product description. Access duration may vary depending on the type of content.

 

Your access to the purchased content is non-transferable and is intended solely for your personal use. You may not share, distribute, sublicense, or resell the content to any third party.

 

9. User Conduct and Responsibilities

 

When using our website, you agree to:

 

  1. Provide accurate and truthful information.

  2. Refrain from posting SPAM or other unsolicited content.

  3. Abide by all applicable laws and regulations.

  4. Refrain from engaging in any illegal, abusive, or harmful activities.

  5. Abstain from posting self-promotional material to advertise, market, or sell your own content.

  6. Not interfere with the proper functioning of our website.

  7. Not copy, share, download, repost, or disseminate in any way, any of the Content.

 

Further, when contributing or posting content on this website, you represent and warrant that:

 

  1. You own the rights to the content you submit or have obtained the necessary permissions, licenses, or rights from the rightful owner to post such content.

 

  1. Your submitted content does not violate, infringe, or misappropriate the intellectual property rights, privacy, or any other legal rights of any third party.

 

10. User Content Infringement

 

In the event that you post or upload content to this website that infringes upon the intellectual property rights of a third party, you acknowledge and agree that:

 

  1. Sole Spark Collective LLC and/or Samantha Kehoe reserve the right to promptly remove or disable access to any content that is alleged to infringe on a third party's intellectual property rights. This action will be taken upon receipt of a valid and substantiated notice of infringement from the third party or their authorized representative.

 

  1. Sole Spark Collective LLC and/or Samantha Kehoe may provide the necessary information about the allegedly infringing user to the rightful owner of the intellectual property, as required by law or at Sole Spark Collective’s discretion.

 

  1. Sole Spark Collective LLC and/or Samantha Kehoe reserves the right to terminate the accounts of users who repeatedly infringe the intellectual property rights of others.

 

6. Notice of Copyright Infringement

 

If you believe that your copyrighted content has been posted on this site without your consent, please contact us at Samantha@solesparkcollective.com Your email must contain:

 

  1. A detailed description of the copyrighted work that you claim has been infringed, including the URL or location on the Website where the infringing content is located.

 

  1. Include your full legal name, mailing address, telephone number, and email address.

 

  1. Provide sufficient evidence that you are the owner of the copyrighted work or an authorized representative of the owner.

 

  1. Include a statement in good faith that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

 

  1. Include a statement that the information provided in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.

 

  1. Include an electronic signature or physical signature if submitting a printed notice and, if the person submitting the notice is not the work’s owner, a statement that you are authorized to act on behalf of the owner.

 

11. Third-Party Links

 

The Site may include links to external websites or resources that are not under the control of Sole Spark Collective LLC or Samantha Kehoe LLC.  We provide these links for informational purposes and convenience, but we do not endorse, guarantee, or assume responsibility for the content, accuracy, security, or practices of these third-party websites or resources.

 

The Company is not responsible for the availability of, or the content located on or through, any third-party website linked from the Website. You acknowledge that the Company does not review, monitor, or evaluate the accuracy, legality, or appropriateness of any content, advertising, products, services, or other materials on or available from third-party websites.

 

Your interactions with and use of third-party websites, products, services, or materials are solely at your own risk. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party website.

 

The Company disclaims any responsibility for any harm resulting from your use of third-party websites and their content. Your use of such websites is subject to the Terms & Conditions and privacy policies of the linked sites, and you are encouraged to review those documents before interacting with them.

 

The Company reserves the right to remove or replace third-party links at any time without notice. We are not responsible for any changes, updates, or discontinuation of third-party websites, and we shall not be held liable for any inconvenience or loss resulting from such changes.

 

12.  Results Disclaimer

 

The Content, courses, programs, services, and products offered on this Site are intended to provide educational and informational resources. While Sole Spark Collective LLC and Samantha Kehoe LLC strive to deliver accurate and valuable content, it is important to understand that individual results may vary. Every person has unique circumstances, history, and talents, and nothing on this Site shall be interpreted as a guarantee that you will achieve any particular result.

​

13. Refund Policy

[OPTION A: NO REFUND – Choose this if you do not offer refunds]

At Sole Spark Collective we are committed to delivering high-quality products and services that meet your needs and expectations. We understand that issues or concerns may arise, and we value the opportunity to address them. Therefore, while we strive to work collaboratively with our Users to resolve any challenges, it's important to note that due to the nature of our products and services, we do not offer refunds for products purchased or services rendered. 

​

14. Accuracy of Information

 

While we strive to provide accurate and up-to-date information on our Site, we do not guarantee the Content's accuracy, completeness, or reliability. We are not liable for any errors or omissions in the Content or any actions taken based on the information provided.

 

15. Disclaimer

 

Samantha Kehoe holds a License in Professional Counseling, which contributes to the quality of the Content provided on this Website. However, the Content presented is for informational and educational purposes only and should not be considered as professional advice or a substitute for expert guidance.

​

The information and services provided on this website are intended for general information and educational purposes only and should not be considered a substitute for medical, psychological, or other professional advice. While Samantha Kehoe offers both therapy and coaching services, these services are distinct, with therapy focused on clinical mental health support and coaching focused on personal growth and development. Therapy services are only provided to clients residing in states where Samantha Kehoe is licensed and are subject to relevant professional standards and privacy protections (such as HIPAA). Coaching services, however, are not subject to the same legal or regulatory requirements. By accessing this website and its content, you acknowledge that neither the information on this website nor any coaching services offered constitute therapy, and they do not establish a therapist-client relationship. Always seek the advice of a qualified health provider with any questions you may have regarding your health, mental well-being, or medical condition.

 

The content on the Website is not intended to replace the advice of qualified professionals. 

For medical, legal, financial, or accounting matters, you should always seek advice from a qualified professional who can evaluate your specific situation. Reliance on the information provided on the Website without consulting appropriate experts is not recommended. Any decisions made based on information obtained from the Website are at your own risk. 

IF YOU ARE IN CRISIS, CALL AN EMERGENCY HOTLINE, 911, OR GO TO AN EMERGENCY ROOM IMMEDIATELY.

 

16. No Warranties

 

The information, content, materials, and services provided on this Site are provided "as is" and without warranties of any kind, whether express or implied. Sole Spark Collective LLC and Samantha Kehoe LLC expressly disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

17. Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS, SERVICES, OR PRODUCTS PROVIDED HEREIN.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

 

18. Indemnification

 

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to your violation of these terms, your use or misuse of the Website, or any violation of applicable law or regulation.

 

19. Termination

 

Sole Spark Collective LLC and Samantha Kehoe LLC reserve the right to terminate, suspend, or restrict your access to the Website, in whole or in part, at their sole discretion and without notice, for any reason or no reason. 

 

20. Modification of Content

 

The Company reserves the right to modify, suspend, or discontinue any aspect of the Website, including its content, at any time without notice.

 

21. Assignment

 

These Terms apply to you and you may not assign any rights or obligations under these Terms to any third parties.

 

22. Severability

 

If any part of these Terms is declared unenforceable or invalid, the remaining provisions will

continue to be valid and enforceable in full force and effect. The Terms will be construed as

if they had never contained any invalid or unenforceable provision.

 

23. Dispute Resolution & Arbitration

 

Any complaint or issue should be communicated with full details and description to Sole Spark Collective LLC by e-mailing Samantha@solesparkcollective.com.

 

However, in the event of any dispute whatsoever arising out of or in connection with these Terms, you agree to submit to binding arbitration with the American Arbitration Association before a jointly selected arbitrator, in accordance with the American Arbitration Association’s rules. Both we and you agree to waive the right to trial by jury.

 

The decision of the arbitrator shall be final and any judgment shall be entered into the state courts of New Jersey. The only award that can be issued to you is a refund of any payment previously made to either Sole Spark Collective LLC or Samantha Kehoe LLC for the related product or service. You acknowledge and understand that you may not seek any additional damages whether consequential or punitive.

 

In agreeing to this Dispute Resolution clause, you affirm and understand that you are waiving

your right to a jury trial in court, which might otherwise be available to you but for this Dispute

Resolution clause. In the event that any arbitration must be held, it must be located within fifty

(50) miles of Monmouth County, New Jersey. The prevailing party will be entitled to all

reasonable attorney’s fees and costs necessary to enforce this Agreement.

 

24.  Governing Law

 

This Agreement is governed by, construed, and enforced in accordance with the laws of the

State of New Jersey, without regard to its conflict of laws rules. The courts of

Monmouth County, New Jersey shall be the sole forum for resolving disputes

hereunder.

 

25. Entire Agreement

These Terms, along with our Privacy Policy and Disclaimer, represent the entire understanding between you and Sole Spark Collective LLC and/or Samantha Kehoe LLC with respect to its subject matter and supersede any previous communication or agreements that may exist.

 

26. Contact

 

If you have any questions, concerns, or feedback relating to these Terms or to this site, please contact Samantha@solesparkcollective.com with a description of your concerns.

 

27. Conclusion 

 

By using this Website, you acknowledge and accept the Terms & Conditions, including the Disclaimer and Limitation of Liability Clause. If you do not agree with these terms, please refrain from using the Website.


 

Last Updated: November 30, 2024

bottom of page