SBS Website Terms and Conditions
Effective: 9/20/10
Sharp Business Systems (“SBS”) is a division of Sharp
Electronics Corporation (“Sharp”). This SBS Website (“Website” or “Site”)
is owned and administered by Sharp. The following terms and conditions (“Terms
and Conditions”) govern your use of this Website. Please read the following
Terms and Conditions carefully.
1. Terms of Use. By
using the Website, you understand and expressly agree to be legally bound
by these Terms and Conditions, as currently constituted and as may be updated
from time to time in accordance with its terms. Sharp shall have the right
at any time and in its sole discretion to change or modify the Terms and
Conditions applicable to the use of the Website or to impose new conditions
for the use of the Website, including any part thereof. Such alterations,
edits, supplements or amendments shall be effective immediately upon notice
thereof, which may be given by posting on this Site. Any use of this Site
by you after such notice shall constitute acceptance of any such alterations,
edits, supplements or amendments. Please therefore regularly visit these
Terms and Conditions so that you are aware of any such revisions to which
you are bound. Please note that Sharp may also require that you accept other
terms and conditions that govern use of particular services available via
this Site and prior to your access to or use of such services.
2. Entire Agreement. Unless
otherwise set forth herein, these Terms and Conditions constitute the entire
agreement between you and Sharp concerning the use of this Site and supercede
any and all statements or other agreements, whether oral or written, between
you and Sharp regarding the Site. These Terms and Conditions may not be altered,
edited, supplemented or amended by you in any manner and any such alteration,
edit, supplement or amendment shall be null and void, unless first agreed
to by you and an authorized representative of Sharp in writing.
Notwithstanding anything to the contrary, any e-commerce
activity conducted via this Site may be governed by alternative terms and
conditions in place between you and Sharp; please consult any such agreement
for any specific terms and conditions applicable to you and your transaction.
3. Disclaimer of Warranties/Limitation
of Liability.
THIS SITE AND ALL INFORMATION OR MATERIALS FOUND ON THIS SITE, ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, SHARP HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND AND SHARP SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING
DAMAGES FOR LOST PROFITS OR LOSS OF INFORMATION OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE INFORMATION OR MATERIALS,
EVEN IF SHARP HAS BEEN ADVISED OF THE INTENDED USE OR OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO A PORTION OF THIS EXCLUSION MAY
NOT APPLY TO YOU.
4. (a) Please be aware that (i) Sharp Electronics makes
no representations about Third Party websites, even those that may be accessed
from our Website (“Linked Sites”); (ii) local branch SBS sites/forms may
be accessible via our Website (“Local SBS Sites”); and (iii) other parties
may appear to link to our Site but do not really have an active link to our
most current information.
The Linked Sites are provided solely as a convenience
to our visitors and for no other purpose. Such Linked Sites are not under
Sharp’s control, and Sharp is not responsible for, does not endorse the content
of nor make any representations about such Linked Sites, including, but not
limited to, any information or materials contained on such Linked Sites or
the functionality, accuracy, substance or quality of such Linked Sites. Further,
such Linked Sites and Local SBS Sites may be governed by other terms and
conditions and/or privacy policies which may affect your access to, use of
or interaction with such Linked Sites and/or Local SBS Sites. You will need
to make your own independent judgment regarding your access to, use of or
interaction with these Linked Sites. Should you have any questions about
the Local SBS Sites and you’re your information is used, collected and stored,
please contact your local SBS Branch Support.
(b) This Website could contain inaccuracies or typographical errors. Sharp
does occasionally make changes in its products or the specifications for
its products without notice. It is your responsibility to obtain the most
up-to-date information available.
(c) It is your responsibility to assure that any material available on this
Website is free from viruses, trojan horses, worms and other undesirable
properties. If you believe that any are attributable to this Website, please
immediately contact Sharp Electronics Corporation, attention sharp-pc@sharpsec.com.
5. Indemnification. You
agree to defend, indemnify, and hold harmless Sharp, its affiliates, directors,
officers, employees, agents and contractors from and against all claims,
losses, damages, expenses, liabilities and costs, including reasonable attorneys’
fees, arising out of or related to your use of the Site and any breach of
these Terms and Conditions.
6. At Sharp, we make every effort to maximize and
maintain your privacy and security. Sharp’s Privacy Policy also governs your
use of this Site and is incorporated by reference into these Terms of Use.
To view the Sharp Privacy Policy, click
here.
7.All of our material is copyrighted and unauthorized
use of any portion of our materials is protected by all relevant copyright
laws. These materials may not be copied, modified, published, transmitted,
distributed or otherwise made available or exploited without our express
written permission. By making them available, you have not been granted any
license to utilize this intellectual property and any unauthorized use may
subject you to prosecution under relevant copyright and trademark laws, privacy
and publicity laws as well as civil and criminal statutes.
8. Governing Law/Waiver
of Jury Trial. These Terms and Conditions shall be governed by and
construed under the laws of the State of New York, without regard to conflict
of laws rules. You agree to the personal jurisdiction by and venue in the
state and federal courts in New York County, New York and waive any objection
to such jurisdiction or venue.
9. Headings. All
section headings used in these Terms and Conditions are for convenience or
reference only and in no way shall form a part of these Terms and Conditions
or expand, limit, define or interpret the scope of this agreement or any
provision hereof.
10. Waiver/Severability. Sharp’s
waiver of any breach or right under these Terms and Conditions shall not
be deemed a waiver of any other or subsequent breach or right. If any provision
of these Terms and Conditions is found to be invalid or unenforceable, such
provision shall be changed and interpreted so as to best accomplish the original
intent of the provision to the fullest extent permitted by law and the remaining
provisions shall remain in full force and effect.