BusinessObjects is a trademark of Business Objects S.A. in the United States and/or other countries.
BPCS is a registered trademark of SSA Global.
Crystal Decisions and Crystal Reports are either a registered trademark or trademark of Business Objects.
EMC, Documentum, the Documentum logos, Documentum and all other Documentum product and service names and logos are either service marks, trademarks, or registered trademarks of Documentum, a division of EMC Corporation.
LIVELINK and OPEN TEXT are trademarks or registered trademarks of Open Text Corporation in the United States of America, Canada, the European Union and/or other countries.
Microsoft, Microsoft Certified Partner, Access, Excel and SQL Server are registered trademarks of Microsoft Corporation.
Oracle, JD Edwards, PeopleSoft, and Retek are registered trademarks of Oracle Corporation and/or its affiliates.
SAP and other SAP products and services mentioned herein are trademarks or registered trademarks of SAP AG in Germany and several other countries.
Sparta Systems, Inc., the Sparta Systems logos, TrackWise, the TrackWise Logos, TrackWise Coordinator, TrackWise Web TeamAccess, TrackWise Administrator, TrackWise Configuration Migrator, TrackWise Audit Manager, TrackWise Integration Manager, TrackWise EDMS Connector, TrackWise Training Manager, TrackWise Action Manager, TrackWise eMDR Submission Manager, TrackWise Document Manager, TrackWise Document Management, StateMachine, Parallel StateMachine, Content Manager, AutoTrending, AutoReports, Efficient Compliance, FlexTab and FlexField, AutoAssist, AutoSupport, ConfigForms, DateAssist, FlexField, FlexTab, InstantAction, Monitor, Parallel StateMachine, SavePlus, StateMachine and Table-Driven are registered trademarks or trademarks of Sparta Systems, Inc.
The absence of a product or service name, slogan, or logo from this list does not constitute a waiver of Sparta Systems, Inc.'s trademark or other intellectual property rights concerning that name, slogan, or logo. All other trademarks are property of their respective holders.
Sparta Systems has included various links within the Sparta Systems Web site that direct you off our site. Sparta has no control over, and is not responsible for, the content of such sites. The linking to another site is not necessarily an endorsement of, or affiliation to such site.
Sparta makes every effort to provide you with accurate information. This site may contain technical inaccuracies or typographical errors. To notify us of inaccuracy or error, send an email to email@example.com. Sparta Systems reserves the right to change any programs, products or information contained in this site at any time and without notice.
All information, software, products, and services described and/or published on this Web site are published 'as is' without warranty of any kind. Sparta Systems hereby disclaims all warrantees, whether expressed or implied, with respect to any and all information published on this site.
You have our permission to print and use copies of information contained in this Web site provided that: (i) all copyright notices appearing on such documents are included on all your copies, (ii) if a document does not contain the Sparta Systems copyright, you will add it to your document , and (iii) your use of such information is limited to informational purposes and may not be altered in any way. You may not download, upload, reproduce, publish, post, or broadcast any information from this Website without the express written consent of Sparta Systems.
Systems, Inc. (“Sparta” or “Sparta Systems”) respects individual privacy. If
you have questions or concerns regarding this Policy, you should contact us by
disclosure of information that you may provide through the site www.spartasystems.com
this Site or submitting information to Sparta through this Site. By using the
Site you explicitly accept, without limitation or qualification, the terms of
In the course of
using our Site, Sparta tracks certain information about you. This information
includes what type of browser you are using, as well as the URL that you just
came from and the next URL you go to, regardless of whether these URLs are on
our Site or not. It also includes your IP address. Sparta Systems uses this
information to, among other things, identify broad demographic trends that may
be used to provide information tailored to your interests. We also monitor customer traffic patterns and
Site usage to help us refine and improve the design and layout of our Site and
the overall user experience.
Sparta only collects personally identifiable data such as your name, home
or business address, telephone number and/or email address when you voluntarily
submit it to Sparta. This information may be used by Sparta personnel as a
means to contact you to obtain more information, to improve this Site, or it
might be used to provide you with information that you have requested or
additional information which Sparta believes may be of interest to you. The
data will not be shared with third parties or transferred or used outside of
Sparta without your prior consent, but may be used within Sparta or by a
company acting as an agent of Sparta for processing and mailing purposes.
Sparta may also use this information within the company for performing
marketing studies or for other commercial purposes.
If you send
us personal correspondence, such as e-mails or letters, we may keep a record of
that correspondence. We also periodically ask users for feedback that we use to
improve our service and products and add new features. If you respond to these
requests, we may keep a record of your response.
Sparta maintains the data collected in an electronic database of
voluntarily submitted personally identifiable information. Sparta and its
agents may exchange such information with each other or with you over the
internet or intranet systems for the purposes of carrying out the delivery of
Sparta products and services and/or sales and marketing of such products and
OF COOKIES AND LOG FILES
Part of our
customized service involves using “cookies” so that we can immediately
recognize you, determine when you – or someone using the same browser you
previously used – revisits our Site and to provide a more personalized
experience. A "cookie" is a
small text file that may be used to collect information about Site activity,
including the recall of personal information previously indicated by a user.
Cookies are sent to your browser from our Site and stored on your computer. Sparta
address, pages accessed, time spent on our Site and general browser statistics.
The information collected allows us to become more familiar with the types of
users who visit our Site, how often they visit, and what parts of the Site they
visit most often. We use such
information to improve our Site and your online experience. We
may link the information we store in cookies to personally identifiable
to retrieve personal information about you from your computer.
the ability to accept or decline cookies at any time by modifying your browser
The Site uses Google Analytics, a web analytics service provided by Google,
the Site. The information generated by the cookie about your use of the Site
(including your IP address) will be transmitted to and stored by Google on
servers in the United States. Google will use this information for the purpose
of evaluating your use of the Site, compiling reports on Site activity for
Sparta and providing other services relating to Site activity and internet
usage. Google may also transfer this information to third parties where
required to do so by law, or where such third parties process the information
on Google's behalf. Google will not associate your IP address with any other
appropriate settings on your browser, however please note that if you do this
you may not be able to use the full functionality of this Site. By using this
website, you consent to the processing of data about you by Google in the
manner and for the purposes set out above.
utilize tracking tools that record information such as Internet domain, host
names, IP addresses, clickstreams and dates and times when our Site is
accessed. We us such information to improve our Site and your online experience
If at any time you wish to stop receiving emails or other communications
from us, or if you have submitted personally identifiable information through
our Site and would like to have that information deleted from our records, please notify us at firstname.lastname@example.org. You may also request access to personal data
about you that Sparta holds and you may have the opportunity to request a
correction or amendment to your personal data.
and Other Activities
We may use
personal information we obtain relating to you, including, but not limited to,
your name, mailing address, phone number and email address, for the purposes of
contacting you, conducting internal business research, and carrying out other
our Site you may request information about our product and services and you
will be asked in connection with such request to provide personal information including
but not limited to your name, home or business address, email address and phone
We share your information with third parties who help us
in the delivery of our own products and services to you. These third parties
may not use that information for any purpose other than assisting us in
providing those products and services.
If you have consented for us to do so, we may use your
information to contact you about other products or services available from our
If you have consented for us to do so, we may also share
your information with third parties who may contact you about their products or
to time we send our visitors e-mail messages with announcements, enhancements,
maintenance information and general updates. If you no longer wish to receive
these promotional communications, you may opt-out of receiving them by following
the instructions included in each communication or you may contact us at email@example.com.
request certain information from you (such as your name, address, telephone
number, e-mail address or business requirements) to help us evaluate our Site
traffic and overall usage, and improve your on-line experience. We may add
information from third parties to this collected information, for instance to
research prospective clients. From time to time we may purchase marketing data
from third parties and add it to our existing user database, to better target
our advertising and to provide pertinent offers in which we think you would be
interested. To enrich our profiles of individual customers, we may tie this
information to the personally identifiable information they have provided to
third parties (i.e., emailing or direct mail services, marketing services, Web
analytics) to assist with the marketing services on our Site. These third parties are not permitted to use
such information for their own purposes.
USER GROUP (TUG PORTAL)
(TUG) is an
independent knowledge community for Sparta Systems customers. The broad
membership represents both technical and business users across all industries,
from various size organizations, and from regions around the globe. The
TrackWise User Group provides both existing and prospective clients with an
interactive community to facilitate the exchange of ideas and user experiences,
discuss common goals and objectives for TrackWise enhancements, promote best
practices, and share information.
By registering on the TUG Portal,
you consent for Sparta to use your information to allow you to create an
account, and to create a profile for you based on information that you have
provided to us. Sparta will not share such account or profile information with
If you provide
information in the areas of TUG visible to other members, third parties may see
your personal information and contact you for networking or other purposes.
Information you post in the TUG Portal will
be accessed, used, and stored by others around the world, including those in
countries that might not have legislation that guarantees adequate protection
of personal information as defined by your country of residence. By providing your
personal information in the areas of our TUG Portal visible to other members,
you acknowledge that you consent to your information being used as described
here. While Sparta takes measures to safeguard your information from
unauthorized access or inappropriate use by third parties, Sparta does not
control these third parties and we are not responsible for their use of
information you post or otherwise make publicly available in the TUG Portal.
Accordingly, you should ensure that you do not post sensitive information to
We attempt to limit access to our TUG Portal to legitimate users (existing
and potential TrackWise customers) but cannot guarantee that other parties will
not gain access to this Portal. We cannot control the use
made of information by third parties who access such information while they are
in our TUG Portal. Please remember that if you post any of your personal
information in the areas of the TUG Portal visible to other members, such information
may be collected and used by others over whom Sparta has no control. We cannot
control the use made by third parties of information you post or otherwise make
publicly available in the TUG Portal.
You may have access to, review, correct, update, change
or delete your account profile information at any time. Simply log into your
account, go to your profile, and make the necessary changes. Before providing
you with a copy of your personal information or correcting, updating or
deleting such information, we reserve the right to verify and authenticate your
identity and the personal information to which you have requested access.
Access to or correction, updating or deletion of your personal information may
be denied or limited by Sparta if it would violate another person’s rights
and/or as otherwise permitted by applicable law. We will respond to information
access requests within 30 days of receipt. If we require additional time to
provide access to your information, we will acknowledge receipt of your request
within 30 days and promptly supplement our response within the time period
required by applicable law.
If you wish to delete or close your account or account profile information
altogether, please email firstname.lastname@example.org
to contact us. An email will be sent to you to confirm that your personal
information has been deleted (save for an archival copy which is not accessible
by you or third parties on the Internet). The archival copy is retained only
for as long as Sparta reasonably considers necessary for audit and record
purposes. We will also retain logs, demographic, indirect, and statistical
information that may relate to you but do not identify you personally. If your
personal information was previously accessed by others using our Site, we are
not able to delete the information or copies thereof from their systems.
If you do not log into your account for a significant period of time, it
will expire and be scheduled for deletion. Our current expiration and deletion
period is 36 months; we may extend or reduce this period. Deletion of expired
accounts occurs on a periodic basis and includes the deletion of all applicable
account data including contact information.
If you do not want your information to be processed as described by this
so, please email email@example.com
to contact us. However, please note that if you do withdraw your consent, you
may not be able to use the relevant services and your account and profile
information will be deleted.
If you previously opted to receive newsletters, commercial e-mails or other
communications from Sparta or third parties, but subsequently change your mind,
you may opt-out by editing your account profile as described above. If you
previously opted not to receive such communications, you may later opt-in by
editing your account profile.
SOLUTIONS SUPPORT PORTAL
Sparta’s Solutions Support Portal
allows TrackWise support and maintenance customers to request product support
via the Site. By registering on the Solutions Support Portal, you consent for
Sparta to use such information to allow you to create an account and to create
a profile for you based on information that you have provided to us. Sparta will not share such account or profile
information but will use such information (along with support request
information) within Sparta to provide product support and resolution of issues
relating to TrackWise.
Sparta has implemented commercially reasonable technical and
organizational measures to protect your information collected through this
during transmission and once we receive it. No method of transmission over the
Internet, or method of electronic storage, is 100% secure, however, and we
cannot guarantee its absolute security.
responsible for ensuring that your log-in credentials (your username and
password) to the TUG Portal and/or the Solutions Support Portal are kept
If you have
any questions about security on our Site, you can email us at firstname.lastname@example.org.
YOUR CALIFORNIA RIGHTS
A California resident who has provided personal information to a business
with whom he/she has established a business relationship for personal, family,
or household purposes (“California customer”) is entitled to request
information about whether the business has disclosed personal information to
any third parties for the third parties’ direct marketing purposes. In general,
if the business has made such a disclosure of personal information, upon
receipt of a request by a California customer, the business is required to
provide a list of all third parties to whom personal information was disclosed
in the preceding calendar year, as well as a list of the categories of personal
information that were disclosed.
However, under the law, a business is not required to provide the
above-described lists if the business adopts and discloses to the public (in
to third parties for their direct marketing purposes unless the customer first
affirmatively agrees to the disclosure, as long as the business maintains and
discloses this policy. Rather, the business may comply with the law by
notifying the customer of his or her right to prevent disclosure of personal
information and providing a cost free means to exercise that right.
not share, sell, trade, or rent your personal information to third parties for
their promotional purposes unless you affirmatively agree to such disclosure.
California customers may request further information about our compliance
with this law by e-mailing email@example.com. Please note that we are
only required to respond to one request per customer each year, and we are not
required to respond to requests made by means other than through this e-mail
TO THIS POLICY
If we decide to change the substance of our Privacy
Policy, we will, where required, contact you via the email address that you
have submitted to us. We will also post those changes through a prominent
notice on the Site so that you will always know what information we gather, how
we might use that information, and to whom we will disclose it.
disclose Personal Information when required by law or regulation or in the good
faith belief that such action is necessary in order to conform to the edicts of
the law, comply with legal mandates, to prevent a crime or protect national
security, or to protect the rights, property, or personal safety of Sparta
Systems, its employees, users and the public.
is a US company and information collected on our Site is stored in whole or in
part in the United States, your information may become subject to U.S.
We may disclose and transfer
your information to a third party who acquires any or all of Sparta, whether
such acquisition is by way of merger, consolidation or purchase of all or a
substantial portion of our assets. In addition, in the event Sparta becomes the
subject of an insolvency proceeding, whether voluntary or involuntary, Sparta
or its liquidator, administrator, receiver or administrative receiver may sell,
license or otherwise dispose of such information in a transaction approved by
In each situation described
above, the recipients of your data may potentially be located in any country in
the world. If you are a resident in any
EU member state, for example, you must be aware that the EU authorities do not
generally consider that the regulations of non-EU countries ensure an adequate
or equivalent level of protection as compared to the EU data protection
TO OTHER SITES
Our Site may
contain links to other sites. Please be aware that we do not endorse and are
apply to such sites. You should contact these sites directly for information on
their privacy policies and data collection/distribution procedures.
Systems is committed to protecting the privacy needs of children and we
encourage parents and guardians to take an active role in their children's online
activities and interests. Sparta Systems does not knowingly collect information
from children under the age of 13 and Sparta Systems does not target its Site
or its products to children under the age of 13.
updated on: May 2, 2013. © 2013 Sparta
Systems Inc. All Rights Reserved
("Terms") under which you ("You") may use the Site and the Site
Services (each as defined below), including without limitation, the TrackWise
User Group Portal and the Solutions Support Portal. These Terms include the
These Terms constitute a binding agreement
between You and Sparta Systems, Inc. (“Sparta”), and are deemed accepted by You
each time that You use or access the Site or Site Services. If You do not
accept the Terms stated here, do not use the Site or the Site Services.
The content, information, documents, organization, gathering,
compilation, presentation, and all other aspects of the website at www.spartasystems.com
(the “Site”) are the work of Sparta Systems, Inc. (“Sparta”) and/or its third
party providers and are protected under applicable copyright, trademark and
other proprietary (including but not limited to intellectual property) rights.
This Site and its contents contain general background information only and none
of the information constitutes a representation or warranty by Sparta Systems
or its affiliates, licensors or suppliers.
The Site includes certain features and
services, including a Solutions Support Portal accessible via a link on the
home page of the Site and TrackWise User Group Portal accessible
by clicking the TUG Portal tab on the home page of the Site (collectively, the “Site Services”). Each
Site Service requires users to create an account and/or individual profiles,
which may include personal information (“Profiles”), and to make these
Profiles, or aspects thereof, public.
Sparta may revise these Terms at any time by
posting an updated version to this Web page. You should visit this page
periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their
access and use of the Site and/or Site Services suspended or terminated, at Sparta’s
You must be 13 years of age or older to visit
or use this Site in any manner, and, if under the age of 18 or the age of
majority as that is defined in Your jurisdiction, You must use the Site under
the supervision of a parent, legal guardian, or other responsible adult.
The entire contents of this Site
(“Sparta Content”) are subject to copyright protection. All Sparta Content is
the property of Sparta or its licensors. You may not copy the contents of this Site
other than for non-commercial individual reference with all copyright or other
proprietary notices retained, and thereafter the contents may not be recopied,
reproduced or otherwise redistributed. Except as expressly provided above, you
may not otherwise copy, display, download, distribute, modify, reproduce,
republish or retransmit any information, text or documents contained in this
Site or any portion thereof in any electronic medium or in hard copy, or create
any derivative work based on such images, text or documents, without the
express written consent of Sparta. Nothing contained herein shall be construed
as conferring by implication, estoppel or otherwise any license or right under
any patent or trademark of Sparta, its affiliates or licensors or any third
party. Sparta prohibits the use of any Sparta trademark, or any related
graphic, as a "hot link" to any website unless approved by Sparta.
Sparta Systems, Inc. (and the
Sparta Systems logos) and TrackWise (and the TrackWise Logos) and all other
product names, whether or not appearing in large print or with the trademark
symbol, are trademarks of Sparta, its affiliates, related companies or its
licensors or joint venture partners, unless otherwise noted. The use or misuse
of these trademarks or any other materials, except as permitted herein, is expressly
prohibited and may be in violation of copyright law, trademark law, the law of
slander and libel, the law of privacy and publicity, and communications
regulations and statutes.
When You access the Site to use the TUG
Portal or Solutions Support Portal, You will be asked to create an account and
provide Sparta with certain information including, without limitation, a valid
email address (Your "Information").
You acknowledge and agree that You are solely
responsible for the form, content and accuracy of any content placed by You on
You understand and acknowledge that You have
no ownership rights in Your account and that if You cancel Your Sparta account
or Your Sparta account is terminated, all Your account information from Sparta,
including Profiles will be marked as deleted in and may be deleted from
Sparta's databases and will be removed from any public area of the Site.
Information may continue to be available for some period of time because of
delays in propagating such deletion through Sparta’s web servers. In addition,
third parties may retain saved copies of Your Information.
Sparta reserves the right to delete Your
account and all of Your Information after a significant duration of inactivity.
The Site Services may be used only by
TrackWise customers and in the case of the TUG Portal, by prospective
customers. The term “post” as used herein shall mean information that You
submit, publish or display on the TUG Portal, the Solutions Support Portal or
otherwise on the Site.
All users agree to not:
(a) transmit, post, distribute, store or
destroy material, including without limitation Sparta Content, in violation of
any applicable law or regulation, including but not limited to laws or
regulations governing the collection, processing, or transfer of personal information,
(b) violate or attempt to violate the
security of the Site including attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization;
(c) reverse engineer or decompile any parts
of the Site;
(d) aggregate, copy or duplicate in any
manner any of the Sparta Content or information available from the Site, other
than as permitted by these Terms;
(e) frame or link to any Sparta Content or
information available from the Site, unless permitted by these Terms;
(f) post any content or material that
promotes or endorses false or misleading information or illegal activities, or
endorses or provides instructional information about illegal activities or
other activities prohibited by these Terms, such as making or buying illegal
weapons, violating someone's privacy, providing or creating computer viruses or
(g) share with a third party any login credentials
to the Site Services;
(h) access data not intended for You or
logging into a server or account which You are not authorized to access;
(i) post or submit to the Site any
incomplete, false or inaccurate biographical information or information which
is not Your own;
(j) solicit passwords or personally
identifiable information from other users;
(k) delete or alter any material posted by
any other person or entity;
(l) harass, incite harassment or advocate
harassment of any group, company, or individual;
(m) send unsolicited mail or email, make
unsolicited phone calls or send unsolicited faxes promoting and/or advertising
products or services to any user, or contact any users that have specifically
requested not to be contacted by You;
(n) attempt to interfere with service to any user
including, without limitation, via means of submitting a virus to the Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing";
(o) promote or endorse an illegal or
unauthorized copy of another person's copyrighted work; or
(p) use the Site Services for any unlawful
purpose or any illegal activity, or post or submit any content that is
defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene,
threatening, abusive, hateful, racist, discriminatory, of a menacing character
or likely to cause annoyance, inconvenience, embarrassment, anxiety or could
cause harassment to any person or include any links to pornographic, indecent
or sexually explicit material of any kind, as determined by Sparta’s
Postings on the TUG Portal, Solutions Support
Portal or otherwise on the Site may not contain:
(a) any hyperlinks, other than those
specifically authorized by Sparta;
(b) inaccurate, false, or misleading
(c) material or links to material that
exploits people in a sexual, violent or other manner, or solicits personal
information from anyone under 18. or
sale, promotion or advertisement for products or services.
Sparta reserves the right to remove
any content from the Site, which in the reasonable exercise of Sparta’s
discretion, does not comply with the above Terms, or if any content is posted
that Sparta believes is not in the best interest of Sparta.
If at any time during Your use of the Site
Services, You made a misrepresentation of fact to Sparta or otherwise misled Sparta
in regards to the nature of Your business activities, Sparta will have grounds
to terminate Your use of the Site Services.
3. User Content and Submissions.
You understand that all information, data,
text or other materials submitted, posted or displayed by You on or through the
Site ("User Content") is the sole responsibility of the person from
which such User Content originated. Sparta claims no ownership or control over
any User Content. You or a third party licensor, as appropriate, retain all
patent, trademark and copyright to any User Content you submit, post or display
on or through Sparta and you are responsible for protecting those rights, as
appropriate. By submitting, posting or displaying User Content on or through Sparta,
you grant Sparta a worldwide, non-exclusive, royalty-free license to reproduce,
adapt, distribute and publish such User Content through Sparta. In addition, by
submitting, posting or displaying User Content which is intended to be
available to TrackWise customers or prospective customers or the general
public, you grant Sparta a worldwide, non-exclusive, royalty-free license to
reproduce, adapt, distribute and publish such User Content for the purpose of
promoting Sparta and its services. Sparta will discontinue this licensed use
within a commercially reasonable period after such User Content is removed from
Sparta. Sparta reserves the right to refuse to accept, post, display or
transmit any User Content in its sole discretion.
If You post User Content on the Site, You
also permit any user to access, display, view, store and reproduce such User
Content for personal use. Subject to the foregoing, the owner of such User
Content placed on the Site retains any and all rights that may exist in such
User Content. Sparta may review and remove any User Content that, in its sole
judgment, violates these Terms, violates applicable laws, rules or regulations,
is abusive, disruptive, offensive or illegal, or violates the rights of, or
harms or threatens the safety of, users of the Site. Sparta reserves the right
to expel users and prevent their further access to the Site and/or use of Site
Services for violating the Terms or applicable laws, rules or regulations. Sparta
may take any action with respect to User Content that it deems necessary or
appropriate in its sole discretion if it believes that such User Content could
create liability for Sparta, damage Sparta’s brand or public image, or cause Sparta
to lose users or customers.
Sparta does not represent or guarantee the
truthfulness, accuracy, or reliability of User Content, derivative works from
User Content, or any other communications posted by users nor does Sparta
endorse any opinions expressed by users. You acknowledge that any reliance on
material posted by other users will be at Your own risk.
We appreciate hearing from our users and
welcome Your comments regarding our Site Services and the Site. Please be
advised, however, that our policy does not permit us to accept or consider
creative ideas, suggestions, inventions or materials other than those which we
have specifically requested. While we do value Your feedback on our services,
please be specific in Your comments regarding our services and do not submit creative
ideas, inventions, suggestions, or materials. If, despite our request, You send
us creative suggestions, ideas, drawings, concepts, inventions, or other
information (collectively the "Submission"), the Submission shall be
the property of Sparta. None of the Submission shall be subject to any
obligation of confidentiality on our part and we shall not be liable for any
use or disclosure of any Submission. Sparta shall own exclusively all now known
or later discovered rights to the Submission and shall be entitled to
unrestricted use of the Submission for any purpose whatsoever, commercial or
otherwise, without compensation to You or any other person.
4. Identification Of Agent To Receive
Notification And Elements Of Notification Of Claimed Copyright or Trademark
If You believe that Your copyrighted work or
trademark has been uploaded, posted or copied to any Sparta Site and is
accessible on such Sparta Site in a way that constitutes copyright or trademark
infringement, please contact Sparta’s Legal Department as follows:
Sparta Systems, Inc.
Drive, Suite 300
Hamilton, NJ 086912000 Waterview Drive, Suite 300
Hamilton, NJ 086912000 Waterview
Drive, Suite 300
Hamilton, NJ 08691
Attn: Legal Department
5. Policy Regarding Termination Of
Users Who Infringe The Copyright Or Other Intellectual Property Rights Of
Sparta respects the intellectual property of
others, and we ask our users to do the same. The unauthorized posting,
reproduction, copying, distribution, modification, public display or public
performance of copyrighted works constitutes infringement of the copyright
owners rights. As a condition to Your use of the Site, You agree not to use the
Site to infringe the intellectual property rights of others in any way. Sparta
reserves the right to terminate the accounts of any users, and block access to
the Site of any users who are repeat infringers of the copyrights, or other
intellectual property rights, of others. Sparta reserves the right, in its sole
discretion, to take these actions to limit access to the Site and/or terminate
the accounts of, at any time, in our sole discretion, users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement, with or without notice, and without any liability to the user who
is terminated or to the user whose access is blocked. Notwithstanding the foregoing,
in the event that You believe in good faith that a notice of copyright
infringement has been wrongly filed against You, please contact Sparta’s Legal
Department as set out above.
6. Sparta's Liability.
The Site acts as, among other things, a venue
for customers and potential customers to learn about the TrackWise software and
Sparta professional services. The Solutions Support Portal provides a venue for
TrackWise customers to request product support.
The TUG Portal provides a venue for the
exchange of ideas and user experiences and allows customers to discuss common
goals and objectives for TrackWise enhancement, promotion of best practices and
sharing of information. Sparta does not screen or censor the User Content on
the Site. Sparta is not involved in the actual communications between users. As
a result, Sparta has no control over the accuracy, reliability, completeness,
or timeliness of User Content submitted on the Site and makes no
representations about any User Content on the Site.
Note that there are risks, including but not
limited to the risk of physical harm, of dealing with strangers, underage
persons or people acting under false pretenses. You assume all risks associated
with dealing with other users with whom You come in contact through the Site.
By its very nature other people’s information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled. We
expect that You will use caution and common sense when using the Site.
Although Sparta attempts to authenticate all users
of the Site Services, user authentication on the Internet is difficult and Sparta
cannot and does not confirm that each user is who they claim to be. Because we
do not and cannot be involved in user-to-user dealings or control the behavior
of participants on the Site, in the event that You have a dispute with one or
more users, You release Sparta (and our agents and employees) from claims,
demands and damages (actual and consequential and direct and indirect) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes to the
fullest extent permitted by law.
If You are a California resident, You waive
California Civil Code Section 1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor."
Sparta encourages You to keep a back-up copy
of any of Your User Content. To the extent permitted by law, in no event shall Sparta
be liable for the deletion, loss, or unauthorized modification of any User
If You believe that something on the Site
violates these Terms please contact our designated agent set forth in Section 4
If notified of any content or other materials
which allegedly do not conform to these Terms, Sparta may in its sole
discretion investigate the allegation and determine whether to remove or
request the removal of the content. Sparta has no liability or responsibility
to users for performance or nonperformance of such activities.
TO THE FULLEST EXTENT POSSIBLE BY LAW, SPARTA
DOES NOT WARRANT THAT ANY SPARTA SITE OR ANY SITE SERVICES WILL OPERATE
ERROR-FREE OR THAT ANY SPARTA SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL MECHANISMS. THE INFORMATION ON THIS SITE
IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. INFORMATION ON THIS SITE
MAY BE INACCURATE OR INCOMPLETE AND MAY BE CHANGED WITHOUT NOTICE.
In no event shall sparta, its
affiliates, licensors, suppliers, or any third parties mentioned at this site
be liable for any damages whatsoever (including, without limitation,
incidental, punitive or consequential damages, lost profits, or damages
resulting from lost data or business interruption) resulting from the use or
inability to use the site and the materials on the site, whether based on
warranty, contract, tort, or any other legal theory, and whether or not sparta
is advised of the possibility of such damages. In no event shall sparta’s total
liability to you for all damages, losses, and causes of action (whether in
contract, tort, including without limitation negligence, or otherwise) exceed
the amount paid by you, if any, for accessing this site.
You may not access, download, use or export the Site, or the content provided
on or through the Site, in violation of U.S. export laws or regulations, or in
violation of any other applicable laws or regulations. You agree to comply with
all export laws and restrictions and regulations of any United States or
foreign agency or authority, and not to directly or indirectly provide or
otherwise make available the software, products or services of Sparta in
violation of any such restrictions, laws or regulations, or without all
Sparta makes no claims that information on the Site is appropriate or may be
lawfully viewed, accessed or downloaded outside of the United States.
Information submitted to the Site will be collected, processed, stored,
disclosed and disposed of in accordance with applicable U.S. law and Sparta's
content on the Site may not be legal by certain persons or in certain
countries. If you access the Site from outside of the United States, you do so
at your own risk and are responsible for compliance with the laws of your
jurisdiction. You also acknowledge and agree that Sparta may collect
and use your information and disclose it to other entities outside your
resident jurisdiction. By submitting your information to the Site, you
acknowledge that you consent to the transfer of such information outside your
You agree to defend, indemnify, and hold harmless Sparta, its
affiliates, and their respective officers, directors, employees and agents,
from and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from (i) any User
Content or other material You provide to the Site, (ii) Your use of any Sparta
Content, or (iii) Your breach of these Terms. Sparta shall provide notice to
You promptly of any such claim, suit, or proceeding.
11. Links to
The Site contains links to third party web sites. Sparta has no control over such
web sites and is not responsible for the availability of such external web
sites. Sparta does not endorse and is not responsible or liable for any
content, advertising, products, services or other materials on or available
from such third party web sites linked from the Site. Sparta does not make any representations regarding the
content or accuracy of materials on such third party web sites and your use of
third party web sites is at your own risk and subject to the terms and
conditions and policies and procedures of such sites.
Responsibility to Protect against Viruses
Sparta has no intention of distributing any electronic
materials designed to deliberately cause errors in or disrupt use of any
computer system. However, it is your responsibility to take precautions to
ensure that whatever you may download from this Site is free of such items as
viruses and other items of a destructive nature.
Law and Jurisdiction
This Site is controlled by Sparta Systems from its offices in
Hamilton, New Jersey, in the United States of America. All matters relating to
access to, or use of, this Site shall be governed by the laws of the State of
New Jersey and the United States. Any legal action or proceeding relating to
access to, or use of, this Site or the information it contains shall be subject
to the exclusive jurisdiction of the state and federal courts located in New
Jersey. By accessing or using this Site, you agree to submit to the
jurisdiction of, and agree that venue is proper in, these courts in any such
legal action or proceeding.
These Terms will remain in full force and effect while You are a user of
the Site. Sparta reserves the right, at its sole discretion, to pursue all of
its legal remedies, including but not limited to removal of Your User Content
from the Site and immediate termination of Your ability to access the Site
and/or Site Services provided to You by Sparta, upon any breach by You of these
Terms or if Sparta is unable to verify or authenticate any information You
submit to the Site Services registration. Even after You are no longer a user
of the Site, certain provisions of these Terms will remain in effect, including
Sections 1, 3, 5, 6, 7, 10, 11 and 13.
© Sparta Systems, Inc. 2013. All rights reserved.