Terms and Conditions

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND THE SPARTAN SYSTEMS ENTITIES ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

1.      Introduction

Welcome to the family of websites and applications provided by Spartan Systems. These Terms of Use govern your access to and use of all Spartan Systems Sites among other things. By using the Spartan Systems Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Spartan Systems Sites is unauthorized.

DEFINED TERMS: In these Terms of Use:
When we say “Spartan Systems,” we mean Spartan Systems Inc., and any subsidiaries or brands and products of Spartan Systems, Inc. (including any subsidiaries that Spartan Systems Inc. may form or acquire in the future), and their affiliates, directors, officers, employees and agents. We also refer to Spartan Systems as “we,” “us” and “our.” But when we say “Spartan Systems Entities,” we mean Spartan Systems; its suppliers, vendors, contractors, and licensors.

When we say “Spartan Systems Sites,” we mean, the Spartan Systems Apps, and all related functionality, services, and Content offered by or for Spartan Systems on or through www.Spartan Systems.com and the Spartan Systems Apps or the systems, servers, and networks used to make the Spartan Systems Sites available.

When we say “Spartan Systems Apps,” we mean the official “Spartan Systems App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.

When we say “you” or “your” we mean any user (like you!) of any Spartan Systems Site and any person who has notice of these Terms of Use.

When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Spartan Systems on the Spartan Systems Sites (and any updates by Spartan Systems to these Terms of Use and those terms and policies).

A few other key terms used in these Terms of Use:
When we say “Content,” we mean product information, product descriptions, reviews, comments, messages, capabilities, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, and written and other materials.)

When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Spartan Systems Sites.

When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Spartan Systems Sites administrated by us or a third-party.

When we say “Materials,” we mean Content that Spartan Systems Entities make available on or through the Spartan Systems Sites.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: 

While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Spartan Systems’ liability explained in Sections 17 and 18, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Spartan Systems Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check Spartan Systems.com for any updated Terms of Use. In addition, by continuing to use or access any of the Spartan Systems Sites or otherwise engaging with Spartan Systems after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

2.      Your Use of the Spartan Systems Sites

You certify that the Content you provide on or through the Spartan Systems Sites is accurate and that the information you provide on or through the Spartan Systems Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, and password. Spartan Systems is not responsible for any losses arising out of the unauthorized use of your account. You agree that Spartan Systems does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, bank, or other form of payment will continue to govern your use of such payment method on the Spartan Systems Sites. You agree that Spartan Systems is not a party to any such agreement, nor is Spartan Systems responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Spartan Systems Sites or any portion of the Spartan Systems Sites, and (2) charge, modify, or waive any fees required to use any services, functionality, or other content available through the Spartan Systems Sites or any portion of the Spartan Systems Sites.

In connection with the Spartan Systems Sites, you will not:
Make available any Content through or in connection with the Spartan Systems Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.

Make available through or in connection with the Spartan Systems Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

Use the Spartan Systems Sites for any purpose that is fraudulent or otherwise tortious or unlawful.

Harvest or collect information about users of the Spartan Systems Sites.

Interfere with or disrupt the operation of the Spartan Systems Sites or the systems, servers, or networks used to make the Spartan Systems Sites available, including by hacking or defacing any portion of the Spartan Systems Sites; or violate any requirement, procedure or policy of such servers or networks.

Restrict or inhibit any other person from using the Spartan Systems Sites.

Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Spartan Systems Sites except as expressly authorized in these Terms of Use, without Spartan Systems’ express prior written consent.

Reverse engineer, decompile, or disassemble any portion of the Spartan Systems Sites, except where such restriction is expressly prohibited by applicable law.

Remove any copyright, trademark, or other proprietary rights notice from the Spartan Systems Sites.

Frame or mirror any portion of the Spartan Systems Sites, or otherwise incorporate any portion of the Spartan Systems Sites into any product or service, unless you obtain Spartan Systems’ express prior written consent to do so.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Spartan Systems Sites, without Spartan Systems’ express prior written consent.

Cause injury to any person or entity.

Violate any law, rule, or regulation, or these Terms of Use.

You will not use the Spartan Systems Sites or Spartan Systems’ name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Spartan Systems trademark, logo, URL, or product name without Spartan Systems’ written consent;

You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

3.      Content and Ideas

A. Submitting Content and Ideas

Spartan Systems provides functionality that enables users to make available Content and Ideas in connection with the Spartan Systems Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Spartan Systems Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. Spartan Systems’ Rights to Use Content and Ideas

You grant to Spartan Systems a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Spartan Systems is free to use any Ideas for any purpose. Spartan Systems may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Spartan Systems is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Spartan Systems the right to use any name associated with any Content or Idea that you make available to Spartan Systems, although Spartan Systems has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content

You agree that you will not make available Content in connection with the Spartan Systems Sites that:

is false, fraudulent, inaccurate, or misleading;

violates any local, state, federal, or international laws or is otherwise tortious;

is protected by or would infringe on the rights of others (including Spartan Systems), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;

is obscene, indecent, pornographic, or otherwise objectionable;

is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Spartan Systems in its sole discretion;

victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;

contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Spartan Systems;

contains or relates to chain letters or pyramid schemes;

impersonates another business, person, or entity, including Spartan Systems, its related entities, employees, and agents;

violates any policy posted on the Spartan Systems Sites; or

is intended to cause harm, damage, disable, or otherwise interfere with the Spartan Systems Sites or our partners.

4.      Comments, Ratings or Reviews

You must not, and must not permit or induce, any other person to make any reviews, ratings or give any comments (whether on the Platform or any social media or through other media) which are in any way false, misleading and/or inaccurate. All comments, ratings and reviews provided on the Platform must be based on a members’ own experience and not in any way influenced by any other third party and/or inducement.

5.      Monitoring by Spartan Systems

Spartan Systems will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Spartan Systems Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Spartan Systems from time to time. Spartan Systems will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Spartan Systems Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Spartan Systems for all claims resulting from any Content you make available.

6.      Materials Available on the Spartan Systems Sites

Spartan Systems and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Spartan Systems Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Spartan Systems Sites, we would appreciate it if you let us know by contacting us at info@spartansystems.us (Your feedback is a big part of what helps Spartan Systems get better at helping you!)

THE SPARTAN SYSTEMS ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

7.      Products and Services

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products provided by our sellers.

Spartan Systems has no liability to you for content on the Spartan Systems Sites that you find to be offensive, indecent, or objectionable.

Spartan Systems is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Spartan Systems Entity, Marketplace Seller (as defined below in Section 8.B), our advertisers, or other third parties to whose sites we link.

8.      Third Party Sites

References on Spartan Systems Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Spartan Systems is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Spartan Systems Sites operate or otherwise interact, nor is Spartan Systems responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party's terms and policies (including its privacy policy).

9.      Terms Applicable to Marketplace Sellers

A. Spartan Systems Locator

Spartan Systems operates an online parts, repairs, information and data locator on the Spartan Systems Sites (available at http://www.Spartan Systems.com/) which enables Market Sellers to list their products in RFQ format, or for purchase via “Buy Now.” Once an order is placed via Buy Now, Marketplace Sellers accept orders and ship products directly to the Locator Customer (the one searching, asking for quotes, or buying.)

B. Spartan Systems Marketplace

Spartan Systems operates an online marketplace program on the Spartan Systems Site (available at https://marketplace.spartansystems.us/) which enables Marketplace Sellers to sell their products and, once an order is placed, to ship such Marketplace Sellers’ products directly to the customer (the one buying.)

Any use of the Spartan Systems Locator or the Spartan Systems Marketplace is subject to the following additional terms:

When we say “Marketplace Seller,” we mean any entity or Seller that sells goods or services in the Spartan Systems Marketplace or Spartan Systems Locator through the Spartan Systems Sites, uses any order processing, fulfillment, shipping, or other services related to the Spartan Systems Marketplace or the Spartan Systems Locator provided by or for Spartan Systems, or uses any platform, portal, web service, application, interface, or other tool provided by or for Spartan Systems in connection with Spartan Systems.

By purchasing a product from any of our Marketplace Sellers, you acknowledge that all Spartan Systems Sites orders will be fulfilled by the third-party Marketplace Sellers and not Spartan Systems. The Marketplace Seller (and not Spartan Systems) will be responsible for all orders, processing, shipping, returns, and customer service related to your Spartan Systems Site Quote or Order. Products purchased from a Marketplace Seller can only be returned to that Marketplace Seller in accordance with its return policy. Spartan Systems Sellers are subject to additional terms and conditions included in the Spartan Systems Seller Policy.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, SPARTAN SYSTEMS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY MARKETPLACE SELLER, THEIR PRODUCTS, OR REPRESENTATIONS.

C. iOS Spartan Systems App

In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the Spartan Systems App compatible with the iOS operating system of Apple Inc. (“Apple”):
Apple is not a party to these Terms of Use and does not own and is not responsible for any Spartan Systems App. Apple is not providing any warranty for the Spartan Systems App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Spartan Systems App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Spartan Systems App, including any third-party product liability claims, claims that the Spartan Systems App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Spartan Systems App, including those pertaining to intellectual property rights, must be directed to Spartan Systems in accordance with the “How to Contact Us” section.

The license you have been granted in these Terms of Use is limited to a non-transferable license to use the Spartan Systems App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Spartan Systems App, such as your wireless data service agreement.

You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, Spartan Systems’ right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party.

10. Placing an Order

A. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your Spartan Systems.com account, including on Spartan Systems affiliated sites and properties which you access via your Spartan Systems.com account credentials. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Spartan Systems will request pre-authorization for orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped.

In addition to any other remedies available to it, Spartan Systems may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of these terms.

B. Pricing Information; Availability

Spartan Systems cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Spartan Systems Sites or through Marketplace Sellers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Spartan Systems reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Spartan Systems. Spartan Systems may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

11. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such an address is complete and complies with the shipping restrictions contained on the Spartan Systems Sites. All transactions are made pursuant to a shipping contract, and, as a result, the risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products and provided by Marketplace Sellers.

12. Export Policy

You acknowledge that (a) goods licensed or sold on the Spartan Systems Sites, and (b) any software or technology purchased, downloaded, or used from the Spartan Systems Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

13. Intellectual Property

The Spartan Systems Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Spartan Systems, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Spartan Systems to use the Spartan Systems Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Spartan Systems to use the Spartan Systems Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Spartan Systems Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the Spartan Systems Apps and remove (that is, uninstall and delete) the Spartan Systems Apps from your mobile device.

No license, right, title, or interest in the Spartan Systems Sites or any Materials is transferred to you as a result of your use of the Spartan Systems Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Spartan Systems Sites. The Spartan Systems Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Spartan Systems Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Spartan Systems Sites and Materials is the exclusive property of Spartan Systems and is also protected by U.S. and international copyright laws.

SPARTAN SYSTEMS names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Spartan Systems Sites are trademarks or trade dress of Spartan Systems in the U.S. and other countries. All other marks are the property of their respective companies.

14. Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Spartan Systems Sites in a way that constitutes copyright infringement, please see contact us via info@spartansystems.us

15. Privacy

You acknowledge that any personal information that you provide through the Spartan Systems Sites will be used by Spartan Systems in accordance with Spartan Systems’ Privacy Policy, which may be updated by Spartan Systems from time to time. If you purchase an item on Spartan Systems sold by a Marketplace Seller or a Spartan Systems supplier, Spartan Systems may share certain information with that Marketplace Seller or supplier to permit the Marketplace Seller or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.

16. Third-Party Software & Licensing Notices

The Spartan Systems Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties.

17. Disclaimer of Warranties

THE SPARTAN SYSTEMS SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPARTAN SYSTEMS SITES, ARE PROVIDED BY SPARTAN SYSTEMS ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO SPARTAN SYSTEMS ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPARTAN SYSTEMS SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SPARTAN SYSTEMS ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE SPARTAN SYSTEMS ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SPARTAN SYSTEMS SITES IS AT YOUR SOLE RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY SPARTAN SYSTEMS TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SPARTAN SYSTEMS SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SPARTAN SYSTEMS SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO SPARTAN SYSTEMS ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SPARTAN SYSTEMS SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

18. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, SPARTAN SYSTEMS ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A SPARTAN SYSTEMS ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SPARTAN SYSTEMS ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SPARTAN SYSTEMS SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SPARTAN SYSTEMS ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE SELLER), SHOPPER, OR OTHER USER OF THE SPARTAN SYSTEMS SITES.

19. Indemnification

You agree to defend (at Spartan Systems’ option), indemnify, and hold the Spartan Systems Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Spartan Systems Sites or any breach by you of these Terms of Use. Spartan Systems reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Spartan Systems if and as requested by Spartan Systems in the defense and settlement of such matter.

20. Disputes & Arbitration; Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Spartan Systems Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Spartan Systems will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SPARTAN SYSTEMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT SPARTAN SYSTEMS AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of Florida, without regard to conflicts of law principles.

21. Termination

These Terms of Use are effective unless and until terminated by either you or Spartan Systems. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Spartan Systems Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Spartan Systems Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.

22. General

These Terms of Use represent the complete agreement and understanding between you and Spartan Systems and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Spartan Systems. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of Spartan Systems to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Spartan Systems’ rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Spartan Systems Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

23. How to Contact Us

If you have any questions or comments, please contact us at:
info@spartansystems.us