Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using or downloading information from this website, you represent that you have read and understand these Terms and Conditions of Use and agree to be
bound by them. If you do not agree with these Terms and Conditions of Use, in whole or in part, please do not continue to use this website.
Changes to these Terms & Conditions of Use
Sparta Services, LLC, a Washington Limited Liability Company (“Sparta,” “us,” or “we”) may modify these Terms and Conditions of Use at any time and without
notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will
indicate your acceptance of those changes.
Copyright and Restrictions on Use
As between you and Sparta, you acknowledge that Sparta owns or has license to all title and copyrights in and to the materials and content provided on this website (the “Materials”). All title and intellectual property rights in and to any licensed content provided on this website is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. Moreover, the organization and design of this website are the property of Sparta and are protected by worldwide copyright laws and treaty provisions. Any photos or images herein are the property of their respective owners and use of these images without the express written consent of the owner is prohibited. You may access, print, and make personal use of this website for the sole purpose of facilitating your personal, non-commercial use and retention of information from this website. Except for the purpose of page caching and as otherwise explicitly set forth in this paragraph, you may not copy, distribute, republish, modify, display, publicly perform or use the Materials in any manner, without our prior written consent. You may not use automated scripts, spiders, robots, or automated devices or processes on this website. Your use of any automated scripts, spiders, robots, or automated devices or processes to access this website for any purpose is a violation of these Terms and Conditions of Use may be a violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq., state or other federal law, and/or foreign law, and Sparta shall take all actions it deems necessary to enforce its rights.
Intellectual Property Notice
Nothing contained in these Terms and Conditions of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of Sparta or any other party. Sparta and Sparta Services are trademarks of Sparta. All other trademarks, trade names, service marks and logos displayed throughout this website are the property of Sparta or licensed to Sparta, or owned by third parties. You may not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout this website without the prior written consent of the owner of the trademark, trade name, service mark and logo.
Compliance with Law
We control and operate this website from our offices within the State of Washington, United States of America. Sparta makes no representation that the Materials are appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this website.
Other Bussinesses and Links
This website may contain links to websites or be linked to websites not under the control of Sparta. Sparta does not endorse the companies, products or websites that are linked to this website. Accordingly, we do not assume any responsibility or liability for the actions, products, or content of these websites. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
Accessing the Website and Account Security
Sparta reserves the right to withdraw or amend this Website, and any feature or Information provided on the Website, in its sole and absolute discretion without notice. Sparta reserves the right to terminate, limit, suspend, change, or restrict access to the Website or any feature thereof, at any time without notice. In no event will Sparta be liable for any removal of or disabling of access to all or any part of the Website, or if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for both:
1. Making all arrangements necessary for you to have access to the Website; and
2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
You must treat any and all access credentials, passwords, and any other piece of information provided or collected as part of Sparta’s security procedures as Confidential Information (as defined below), and you must not disclose it to any other person or entity. You also acknowledge that your Website account, if any, is personal to you and you agree not to provide any other person with access to this Website or portions of it using your access credentials, passwords, or other security information. You agree to take all precautions necessary to maintain the secrecy and security of any access credentials, passwords, or other security information which may be issued to you or by you and be solely responsible for any use, misuse, theft or loss thereof, including unauthorized access by third parties. You also agree to ensure that you exit from your account atthe end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
In the event of any unauthorized use of the Website or unauthorized access to or use of your access credentials or passwords or any other breach of security, or should any of the foregoing be reasonably suspected by you or your company, you must notify Sparta immediately by telephone and concurrently provide written notice of the circumstances surrounding the event.
Sparta has the right to disable any access credentials, passwords, or other identifier, whether chosen by you or provided by Sparta, at any time in our sole and absolute discretion for any or no reason, including if, in Sparta’s opinion, you have violated any provision of these Terms of Use.
Information and Third-Party Content
The Information is provided by Sparta as an accommodation to its users and may be used by you only to promote your purchase of Sparta products or services (the “Purpose”). You acknowledge that there may be situations where the Information is subject to change, qualifications, variations, adjustments or modifications without notice. Moreover, you acknowledge and agree that the Website and the Information contained thereon may contain errors, omissions, inaccuracies, mistakes or deficiencies. Accordingly, you hereby acknowledge and agree that these risks and exposures exist while utilizing this Website, that your use of this Website is subject to such risks and exposures, that Sparta will have no liability on account of any of the foregoing, and that this Website should be used as a guideline only.
The Website may include content provided by third parties, such as other users and third-party licensors. All statements and/or opinions expressed in such content on the Website provided by third parties is solely the responsibility of the third party providing those materials. Such content does do not necessarily reflect the opinion of Sparta. Sparta is not responsible, or liable to you or any third party, for the content or accuracy of any such content.
Confidentiality
You acknowledge that Information accessed through secure areas of the Website (i.e. areas requiring a user name and password) is confidential and proprietary to Sparta (“Confidential Information”), and you agree: (i) not to reveal, report, publish, copy, disclose or transfer Confidential Information to any third party without Sparta’s prior written consent, or permit any third party to examine and/or make copies of any of the Confidential Information; (ii) not to use or copy the Information for any purpose except the Purpose; and (iii) to hold the Confidential Information in strict confidence and to take all reasonable precautions to protect the Confidential Information. Confidential Information shall not include any information that is or becomes generally available to the public.
You acknowledge and agree that the Confidential Information is proprietary to and is the sole and exclusive property of Sparta and that you have no right, title, or interest therein. You acknowledge and agree that the Confidential Information is a trade secret and is not readily accessible to competitors of Sparta and that such Confidential Information has been acquired and assembled at significant expenditures of time and other resources. You additionally acknowledge and agree that such Confidential Information: (i) provides Sparta with a competitive advantage over those who do not know or use it; (ii) is kept in a safe place and Sparta has taken and is taking all reasonable precautions to protect the secrecy of the Confidential Information and Sparta’ legitimate interest in the Confidential Information; (iii) would be difficult for competitors of Sparta or others to duplicate; and (iv) may be used by Sparta in any manner it determines in order to aid in the marketing, sales and distribution of its products and services. The Website may include content provided by third parties, such as other users and third-party licensors. All statements and/or opinions expressed in such content on the Website provided by third parties is solely the responsibility of the third party providing those materials. Such content does do not necessarily reflect the opinion of Sparta. Sparta is not responsible, or liable to you or any third party, for the content or accuracy of any such content.
Submissions
Sparta welcomes suggestions, comments and other submissions from the users of our website. Any comments, suggestions, ideas or any other materials submitted to us (collectively, the “Submissions”) will become Sparta’s property upon its submission. Sparta shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of Sparta, and Sparta shall not be liable for any use or disclosure of any Submissions. Notwithstanding the foregoing, any personal information you submit to Sparta through the pages located on this website will be held in confidence by us as set forth in our Privacy Policy. This submissions policy is intended to avoid the possibility of future misunderstandings when projects developed by Sparta’s staff might seem to others to be similar to their own creative work.
Privacy
Any collection or use of personally identifiable information collected from you via this website is governed by our Privacy Policy, which forms a part of these Terms and Conditions of Use. It is important that you read and understand the terms of Sparta’s Privacy Policy. Sparta may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this website.
Disclaimers
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPARTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS ARE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS.
Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems (“E-Problems”). We have taken reasonable steps so that E-Problems will not materially affect our business, but do not guarantee that our website is immune to E- Problems. It is your responsibility to protect yourself from E-Problems. Steps you may consider taking to mitigate the vulnerability of your computer system to E-Problems include using firewalls, password protection, and anti-virus programs.
All product, services, and property information contained within this website is subject to the possibility of errors, omissions, change of price, change of services or updates or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this website are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a product, service or property. You and your tax and legal advisors should conduct your own investigation of any items listed on this website and any contemplated transaction concerning any items on this website.
Limitation on Liability
IN NO EVENT SHALL SPARTA, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE OR DATA) RELATED TO OR THAT ARISE FROM (A) YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS, (B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEBSITE, OR (C) ANY GOODS OR SERVICES ADVERTISED OR LINKED TO THIS WEBSITE, EVEN IF SPARTA IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Indemnity
You will indemnify, defend and hold Sparta, including its officers, directors, employees, affiliates, agents, contractors, and licensors, harmless with respect to any suits or claims arising out of (i) your breach of these Terms and Conditions of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of this website.
Severability
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction where the provision was held to be invalid or unenforceable.
Governing Law, Venue and Dispute Resolution
These Terms and Conditions of Use shall be interpreted, construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of Washington, excluding its choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods. All claims or actions arising out of or related to these Terms and Conditions of Use and your use of this website and the Materials shall be settled by final and binding arbitration under the Comprehensive Arbitration Rules and Procedures of JAMS. Such arbitration shall be held in King County, Washington before one arbitrator selected by mutual agreement of the parties or, absent such agreement, in accordance with the JAMS rules. The arbitrator may not award any punitive damages. Any award of the arbitrator may be enforced in any court of competent jurisdiction. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, SPARTA MAY SEEK INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEBSITE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON AND YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
General Provisions
These Terms and Conditions of Use, including the Privacy Policy, are the entire agreement between Sparta and you relating to your use of this website. No failure or delay on the part of Sparta to exercise any right, power or remedy under these Terms and Conditions of Use shall operate as a waiver; nor shall any single or partial exercise by Sparta of any right, power or remedy under these Terms and Conditions of Use preclude any other or further exercise of any right, power or remedy.