Data protection declaration

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.



“Personal data” is any information relating to an identified or identifiable natural person.

Server log files

You can use our websites without submitting personal data.

Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.


Your data will be transferred to Canada, among other countries. Data transfers to Canada are subject to an adequacy decision by the EU Commission.

Contact

Responsible person

Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.

Proactive contact of the customer by e-mail

If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.


If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR. If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.


We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.

Collection and processing when using the contact form

When you use the contact form we will only collect your personal data (name, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact.

If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR. If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.

We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.

Orders

Data collection when you post a comment 

When you comment on an article or a contribution, we collect your personal data (name, email address, comment text) only in the scope provided by you. The processing serves to allow you to comment and to display comments. By submitting the comment you agree to the processing of the transmitted data. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. You personal data will then be deleted.

On publication of your comment the name and email address you have enteredwill be published.

On submission of your comment your IP address will also be saved in order to prevent misuse of the comment function and to ensure the security of our IT systems. By submitting the comment you agree to the processing of the transmitted data. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your IP address will then be deleted.

Use of your personal data for the sending of postal advertising



We will use your personal data (name, address) that we have received in the process of the sale of goods or services to send you postal advertising, unless you have objected to this use. The provision of these data is necessary for conclusion of an agreement. Failure to provide it will prevent the conclusion of any agreement.


The processing will be carried out on the basis of Article 6(1)(f) GDPR for the purposes of our legitimate interest in direct advertising. You can object to this use of your address information at any time by contacting us. You will find the contact details for exercising your right to object in our imprint.

Contact Evaluations

Collection, processing, and transfer of personal data in orders

When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.

Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.

Your data will be transferred to Canada, among other countries. Data transfers to Canada are subject to an adequacy decision by the EU Commission.

Use of your personal data for the sending of postal advertising

We will use your personal data (name, address) that we have received in the process of the sale of goods or services to send you postal advertising, unless you have objected to this use. The provision of these data is necessary for conclusion of an agreement. Failure to provide it will prevent the conclusion of any agreement.

The processing will be carried out on the basis of Article 6(1)(f) GDPR for the purposes of our legitimate interest in direct advertising. You can object to this use of your address information at any time by contacting us. You will find the contact details for exercising your right to object in our imprint.

Use of your email address for mailing of direct marketing


We use your email address, which we obtained in the course of selling a good or service, for the electronic transmission of marketing for our own goods or services which are similar to those you have already purchased from us, unless you have objected to this use. You must provide your email address in order to conclude a contract. Failure to provide it will prevent the conclusion of any contract. The processing will be carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in direct marketing. You can object to this use of your email address at any time by contacting us. You will find the contact details for exercising your right to object in our imprint. You can also use the link provided in the marketing email. This will not involve any costs other than transmission costs at basic tariffs.

Payment service providers

Use of PayPal

All PayPal transaction are covered by the PayPal Data Privacy Statement. You can found this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en

Use of PayPal Express


Our website uses the payment service PayPal Express from PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal").
The processing of data enables us to offer you the option of paying via the PayPal Express payment service.


To integrate this payment service it is essential that PayPal collects, stores, and analyses data when you access the website (e.g. IP address, device type, operating system, browser type, device location). Cookies may be used for this purpose. Cookies allow your internet browser to be recognised. 


The use of cookies or comparable technologies is based on § 15 para. 3 p. 1 TMG. The processing of your personal data is based on Art. 6 para. 1 lit. f GDPR out of our overriding legitimate interest in a customer-oriented offer of different payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.


By selecting and using "PayPal Express", the data required for payment processing will be submitted to PayPal to execute the agreement with you using the selected payment method. The data is processed on the basis of Article 6(1)(b) GDPR.


Further information on data processing when using the Paypal Express payment service can be found here in the associated data privacy policy.

Use of Amazon Payments

We use Amazon Payments payment service on our website, from Amazon Payments Europe s.c.a. (38 avenue John F. Kennedy, L-1855 Luxembourg; "Amazon Payments").
The processing of data enables you to pay using the Amazon Payments payment service.
To integrate this payment service it is essential that Amazon Payments collects, stores, and analyses data when accessing the website (e.g. IP address, device type, operating system, browser type, device location). Cookies may be used for this purpose. Cookies allow your internet browser to be recognised.

The use of cookies or comparable technologies is based on § 15 para. 3 p. 1 TMG. The processing of your personal data is based on Art. 6 para. 1 lit. f GDPR out of our overriding legitimate interest in a customer-oriented offer of different payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.

By selecting and using "Amazon Payments", the data required for payment processing will be submitted to Amazon Payments to execute the agreement with you using the selected payment method. The data is processed on the basis of Article 6(1)(b) GDPR.


Further information on data processing when using the Amazon Payments payment service can be found in the associated data privacy policy at: https://pay.amazon.com/de/help/201212490

Cookies

Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.

Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.

Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:

Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac

Technically necessary cookies

Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.


Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.

Rights of persons affected and storage duration

Duration of storage

After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.

Rights of the affected person


If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.

Right to object

If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.

If personal data is being processed for the purposes of direct advertising, you can object to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.

last update: 27.10.2020

TERMS OF USE AND CONDITIONS OF SALE

OVERVIEW

MPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 13 and 14).  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.


Your use of https://www.try-spartan.com/, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by 115 Ventures LLC (“115 Ventures,” “Try Spartan,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15OR IF YOU OPT-OUT.  PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page (https://www.try-spartan.com/policies/terms-of-service).  We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

1. WEBSITE USE
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
5. NO MEDICAL ADVICE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
6. MODIFICATIONS TO THE WEBSITE AND PRICES
7. PAYMENT
8. ORDER PLACEMENT AND ACCEPTANCE
9. SHIPPING
10. DELIVERY CONFIRMATION
11. RETURNS AND REFUNDS
12. SOCIAL MEDIA
13. DISCLAIMER OF WARRANTIES
14. DISCLAIMER OF LIABILITIES
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
16. INDEMNIFICATION
17. THIRD-PARTY WEBSITES AND LINKS
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
20. ELECTRONIC COMMUNICATIONS
21. ASSIGNMENT
22. NO WAIVER
23. SEVERABILITY
24. TERMINATION
25. ENTIRE AGREEMENT
26. QUESTIONS OR ADDITIONAL INFORMATION

TERMS OF SALE

1. WEBSITE USE

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.  If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

2. PRIVACY & SECURITY DISCLOSURE

Our Privacy Policy may be viewed at https://www.try-spartan.com/policies/privacy-policy.  The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws.  You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose.  You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.

Try Spartan reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms of Sale; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Try Spartan’s rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Try Spartan may take any other actions necessary in this regard or seek any remedies permitted by law.

4. PRODUCTS SOLD FOR PERSONAL USE ONLY

You further agree that any products or services you purchase from Try Spartan on or through the Website will be used for your personal, non-commercial use.  You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. Resale of our products outside of authorized channels can result in the product becoming materially different, which may affect safety, efficacy, or the ability to honor warranties or guarantees. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

5. NO MEDICAL ADVICE AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for seeking advice from a qualified healthcare provider.  The statements made on this Website have not been evaluated by the Food and Drug Administration. You should consult your healthcare provider before using any information provided by Try Spartan.

While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.  We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

This Website may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

Try Spartan does not make any guarantee that you will accomplish your health and wellness goals.  Your results may vary depending upon a variety of factors unique to you, such as your age, health, and genetics.

6. MODIFICATIONS TO THE WEBSITE AND PRICES

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to refund, return, or exchange only according to our Shipping and Refund policies as set herein and in our FAQ page, or in your order confirmation.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  Any offer for any product or service made on this Website is void where prohibited.

7. PAYMENT

All charges are in U.S. Dollars.

By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired.  If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply.  If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

8. ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.  We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.

9. SHIPPING

Try Spartan ships to addresses located in the United States and Canada. Delivery time for international orders varies based on location. Please visit our Shipping Policy webpage for additional terms that may apply to your order.

Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support by phone or email (213-277-6464/ support@try-spartan.com) immediately, or by filling out the web form here. You may also track your order here. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.

All shipments are made FOB Origin (Shipping Point). Title to the goods and risk of loss pass to you upon delivery of the goods to the carrier. Once the carrier takes possession of your order, you assume all responsibility for any loss or damage during transit. Any claims for lost or damaged shipments must be filed directly with the carrier.

10. DELIVERY CONFIRMATION

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature.

11. RETURNS AND REFUNDS

Try Spartan wants you to be satisfied with your experience with us so we have made returning or exchanging products easy. If you receive the wrong item or if it arrives damaged or defective, or if you are unhappy with your order within [30] days of receipt, please visit the Refund Policy on our Website for additional information about how to return or exchange a product or request a refund. The following are nonrefundable: (1) Items marked “final sale” or “nonreturnable”, (2) shipping fees, (3) expedited shipping fees, (4) package loss warranty, (5) priority order processing fees, and (6) gift cards or orders placed using gift cards.

After the shipping department receives your return, it generally takes ten business days to process your refund.  Once a return is processed, it may take up to ten days for the return to be posted to your account, depending on your financial institution.

12. SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Try Spartan, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

13. DISCLAIMER OF WARRANTIES

Except where prohibited by law, this website and all products provided are offered on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

We make no representations or warranties and expressly disclaim any and all representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this website.

We do not represent or warrant, and expressly disclaim, that:

 (a) our products, services, information, or other materials purchased or obtained through the website will meet your requirements or expectations; or
 (b) the website or the server(s) that make the website available are free of viruses or other harmful components.

All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

14. DISCLAIMER OF LIABILITIES

Except where prohibited by law, in no event shall Try Spartan or any of its officers, directors, shareholders, employees, independent contractors, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this agreement, the Privacy Policy, the products, or your or a third party’s use or attempted use of the website or any product, regardless of whether Try Spartan has been advised of the possibility of such damages, fees, costs, or claims.

This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, or consequential damages.

This applies regardless of the manner in which damages are allegedly caused and under any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise.

If, notwithstanding the limitations of liability set forth above, Try Spartan is found liable under any theory, Try Spartan’s liability and your exclusive remedy will be limited to USD $500.00.

This limitation of liability shall apply to all claims, regardless of whether Try Spartan was aware of or advised in advance of the possibility of damages or such claims.

Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, and you may have additional rights.

15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

Please read this provision carefully; it requires you to arbitrate any dispute or claim between you and Try Spartan on an individual basis.

You agree that any dispute or claim arising from or relating to this arbitration provision, Try Spartan’s Privacy Policy or Terms of Sale, Try Spartan’s advertising or marketing practices, or Try Spartan’s products or services shall be submitted to binding, final, and confidential arbitration before a single arbitrator administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.

This arbitration provision shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, and the arbitrator shall be bound by the terms of this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether a dispute or claim is arbitrable.

The arbitrator shall follow the applicable substantive law of the State of Wyoming, to the extent consistent with the FAA, and shall be authorized to award all remedies available in an individual lawsuit under substantive law, including, without limitation, compensatory, statutory, and punitive damages; declaratory, injunctive, and other equitable relief (including public injunctive relief); and attorneys’ fees and costs where available under applicable substantive law.

The arbitrator may only resolve disputes or claims between you and Try Spartan and may not consolidate claims or proceedings without Try Spartan’s consent. The arbitrator may not hear class or representative claims or requests for relief on behalf of other individuals.

If a court or arbitrator determines that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court, and any other claims must be arbitrated.

Notwithstanding anything to the contrary herein, you agree that Try Spartan has the right to bring a claim against you in the state or federal courts of Wyoming for injunctive or equitable relief, or otherwise arising from any potential or actual misappropriation or infringement of Try Spartan’s intellectual property rights. You agree that venue is proper and that you are subject to personal jurisdiction in such forum.

Unless you timely opt out, you will not have the right to:

 (a) have a court or jury decide your dispute or claim;
 (b) obtain information prior to the hearing to the same extent that you would have in court;
 (c) participate in a class action in court or in arbitration, either as a class representative, class member, or class opponent;
 (d) act as a private attorney general in court or in arbitration; or
 (e) join or consolidate your dispute or claim with the dispute or claim of any other person.

Other rights that you would have had if you went to court may also not be available in arbitration.

You may opt out of arbitration within 30 days of the date you purchased a product or service through Try Spartan’s website by sending a letter to:
 115 Ventures LLC
 Attn: Legal Department
 30 N Gould Street, Ste. R
 Sheridan, WY 82801

Your letter must include your name, the product you purchased, and your intent to opt out of arbitration.

16. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Try Spartan, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

17. THIRD-PARTY WEBSITES AND LINKS

Our Website may include materials from third-parties or links to third-party websites.  We are not liable for any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

Try Spartan is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Try Spartan may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to Try Spartan’s products or services, in printed and online media, as Try Spartan determines in its absolute discretion.  These testimonials do not represent the generally expected user experience.

19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS

a. DMCA Notice

This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website.  All notices should be addressed to the following contact person:


Notification of Claimed Infringement:
115 Ventures LLC
Attn:DMCA/Copyright Agent
30 N Gould Street, Ste. R
Sheridan, WY 82801
Tel: (213) 277 6464
Email: support@try-spartan.com
For legal concerns: legal@try-spartan.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

b. Intellectual Property Rights, License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Try Spartan or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Try Spartan, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you in writing by Try Spartan, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Try Spartan.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Sale, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

c. Copyright


The copyright in all materials provided on the Website is owned by Try Spartan or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Try Spartan. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Try Spartan may revoke any of the foregoing rights at any time. You may not, without Try Spartan’s prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

d. Trademarks

The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of Try Spartan. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Try Spartan or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Try Spartan. Try Spartan prohibits the use of any Try Spartan logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by Try Spartan in writing.

20. ELECTRONIC COMMUNICATIONS

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

21. ASSIGNMENT 

You may not assign any of your rights under these Terms, and any such attempt will be null and void.  Try Spartan and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Try Spartan’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

22. NO WAIVER

No waiver by Try Spartan of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Try Spartan to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

23. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

24. TERMINATION

IIn the event that we terminate this Agreement, Sections 2-5, 13-17, 19-26, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

25. ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Try Spartan, and supersedes and replaces any prior or contemporaneous agreements.  Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

26. QUESTIONS OR ADDITIONAL INFORMATION 

Please contact Customer Support if you have any questions concerning your purchase. Additional information can be located on our Website.

115 Ventures LLC
Email: support@try-spartan.com
For legal concerns: legal@try-spartan.com
Tel. 213 277 6464