Sparta Systems Legal Notifications

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.

Linked Sites

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.

Site Context

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 webmaster@sparta-systems.com. Sparta Systems reserves the right to change any programs, products or information contained in this site at any time and without notice.

Implied Representations or Warranties

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.

Information Reproduction

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.

Privacy Policy

Sparta Systems, Inc. (“Sparta” or “Sparta Systems”) respects individual privacy. If you have questions or concerns regarding this Policy, you should contact us by emailing marketing@spartasystems.com.

This Privacy Policy sets forth Sparta’s practices regarding the collection, use and disclosure of information that you may provide through the site www.spartasystems.com  (the “Site”).  Please read this Privacy Policy before using this Site or submitting information to Sparta through this Site. By using the Site you explicitly accept, without limitation or qualification, the terms of Sparta’s Privacy Policy.

DATA COLLECTION

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 services.

USE OF COOKIES AND LOG FILES

Cookies

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 uses cookies to track certain information of our users such as host domain, IP 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 information you submit while on our Site. Sparta Systems does not use cookies to retrieve personal information about you from your computer.

Sparta Systems uses cookies to:

• Estimate the number of visitors to our Site. Each browser that accesses Sparta Systems is given a unique cookie, which is used to calculate how many people return to our Site and evaluate customer interests and behavior to target our marketing.
• Track the way you use our promotions, contests, and sales. When a Sparta Systems-hosted promotion uses cookies, the information written to the cookie tracks the user's progress through the promotion (for example, entries, submissions, and registrations).
• Measure the traffic to various areas of the Site. We measure the areas of the network of Web sites you visit and your visiting patterns in the aggregate. This research helps us understand the ways in which our customers are alike and the ways in which they differ. We may use this information to personalize the information and design in our Site.

You have the ability to accept or decline cookies at any time by modifying your browser settings.

The Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies, to help analyze how users use 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 data held by Google. You may refuse the use of cookies by selecting the 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.

Log Files

Sparta may 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

UPDATING YOUR INFORMATION

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 marketing@spartasystems.com.  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.

Marketing 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 marketing activities.

While on 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 number.

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 affiliates/partners.

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 services.

From time 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 marketing@spartasystems.com.

We may 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 us.

We use 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.

TRACKEWISE 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 third parties.

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 the Site.

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 marketing@spartasystems.com 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 policy, you make revoke your consent to our Privacy Policy. If you wish to do so, please email marketing@spartasystems.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.

SECURITY

Sparta has implemented commercially reasonable technical and organizational measures to protect your information collected through this Site, both 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.

You are responsible for ensuring that your log-in credentials (your username and password) to the TUG Portal and/or the Solutions Support Portal are kept confidential.

If you have any questions about security on our Site, you can email us at marketing@spartasystems.com.

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 its privacy policy) a policy of not disclosing customer’s personal information 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.

As stated in our Privacy Policy, Sparta Systems does 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 marketing@spartasystems.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 address.

CHANGES 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.

LEGAL DISCLAIMER

We may 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.  Because Sparta 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. law. 

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 the court.

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 regulations.

LINKS TO OTHER SITES

Our Site may contain links to other sites. Please be aware that we do not endorse and are not responsible for the privacy practices of such other sites.  The privacy policy presented here does not apply to such sites. You should contact these sites directly for information on their privacy policies and data collection/distribution procedures.

CHILDREN'S PRIVACY

Sparta 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.

Last updated on: May 2, 2013.  © 2013 Sparta Systems Inc. All Rights Reserved

Important Legal Notices and Terms of Access and Use

This page states the Terms of Use ("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 Sparta Privacy Policy, which is incorporated into these Terms by reference.

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 discretion.

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.

1. Use of Materials and Intellectual Property Rights

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.

2. Use of the Site Services.

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 the Site.

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, or in breach of Sparta’s privacy policy;

(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 pirating media;

(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 discretion.

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 information;

(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

 (d) the 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 Infringement.

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:

By Mail:

Sparta Systems, Inc.

2000 Waterview Drive, Suite 300
Hamilton, NJ 086912000 Waterview Drive, Suite 300

Hamilton, NJ 086912000 Waterview Drive, Suite 300
Hamilton, NJ 08691

Attn:  Legal Department

Sally.baraka@spartasystems.com

(609)807-5100

5. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.

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 Content.

If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 4 above.

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.

7.         Disclaimer

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.

8.         Export Restrictions/Legal Compliance
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 necessary approvals.

9.         International Use
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 Privacy Policy. Access to the 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 resident jurisdiction.

10.        Indemnity

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 Other Sites
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.

12.        User 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.

13.        Governing 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.