Sharp Sessions

Terms of Service

 

BY CLICKING “OK” OR CLICKING “SIGN UP” OR CLICKING “UPGRADE” OR WATCHING THIS VIDEO, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND YOU AGREE NOT TO SHARE, DOWNLOAD, DUPLICATE, REPRODUCE, COPY, SELL, RESELL, DISSEMINATE, OR ALLOW OTHER VIEWERS TO ACCESS THE SERVICE OR ANY PORTION OF THE SERVICE.


        This agreement is entered into between the Subscriber and Sharp Connections, LLC (hereinafter “Sharp”), a limited liability company organized under the laws of the State of Kansas, and is set forth in its entirety below.

 

  1. 1.Subscriber is purchasing a subscription to access Sharp Sessions (the “Service”) as provided by Sharp. 

 

  1. 2.This cost of the Subscription as invoiced by Sharp will be due and payable to Sharp Connections, LLC as indicated by Sharp. 

 

  1. 3.The term of the Subscription will be 12 months, and will begin on the first date that access to the Service is enabled. 

 

  1. 4.The Subscription is for one authorized user.  Use of Sharp Sessions beyond the authorized user is prohibited unless expressly authorized by Sharp, except that the spouse and/or members of candidate staff shall be deemed “authorized users” concurrently with the expressly authorized user.  

 

  1. 5.The Subscriber appoints itself to be the initial Administrator (as defined in the Terms and Conditions Addendum) of Subscriber’s account.  The administrator will be the point of contact for Sharp. 

 

  1. 6.Subscriber agrees to be bound by the Sharp Sessions Terms of Service set forth herein and incorporated herein by this reference. 

 

        The Subscriber hereby represents that I/we have read this Subscription Agreement and Terms of Service, that I/we understand its contents fully, that I/we have had an adequate opportunity to review this document, that I/we agree to be bound to its terms and conditions, and that I/we hereby consent to this Subscription Agreement and Terms of Service.  

 

 

 

 

                                                                                            

 

 

 

 

 

 

 

Sharp Sessions Terms of Service

 

 

The following “Terms of Service” govern your use of Sharp Sessions(collectively the “Service”) made available by Sharp Connections, LLC (“Sharp”):

 

1.        Limited License & Use of the Service.

 

(1) You are granted a non-exclusive, non-transferable, limited license to access and use the Service.

 

(3) You agree not to reproduce, duplicate, copy, sell, resell, share, allow other viewers, disseminate, or exploit access to the Service, use of the Service, or any portion of the Service.

 

(4) You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, Sharp, or any other software, content or service provided by Sharp.

 

(5) You agree not to use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms of Service.

 

(7) The Service is protected by United States and international copyright laws and treaties, as well as other laws and treaties.  Except for the non-exclusive license granted pursuant to this Agreement, you acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with Sharp.

 

(8) Authorized Users (as defined below) who configure the Service to share or make available certain Content to other individuals or entities will be in breach of this Agreement.

 

 

(10) Sharp reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice.  Continued use of the Service following any modification constitutes your acceptance of the modification.

 

(11) Sharp reserves the right to temporarily suspend access to the Service for operational purposes, including but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide reasonable notice prior to any such suspension.

 

 

(13) Sharp stores all Content on third-party administered storage servers and makes no guarantees regarding uptime of such servers or backup availability of information stored on such servers.

 

2.        Access to the Service.

 

(1) You are only permitted to access and use the Service if you are an Authorized User.  “Authorized User” means an individual subscriber (“Subscriber”).  Authorized Users are required to provide their full legal name, a valid email address, and any other information requested by the Service.

 

(2)  Each Authorized User will be provided a unique identifier to access and use the Service (“Username”).  The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.

 

(3) Each Subscriber shall designate an Authorized User as administrator for the Subscriber’s subscription (“Administrator”).  

 

(4) Subscribers are responsible for all use of the Service.  

 

(5) All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.

 

 

(7) Sharp may offer trial or free subscriptions to the Service at its discretion.  Sharp reserves the right at any time to modify or discontinue, temporarily or permanently, such subscriptions, with or without notice.

 

3.        Security and Passwords

 

(1) Authorized Users and Subscribers shall be responsible for protecting the security of Usernames and passwords, or any other codes associated to the Service known to them, and for the accuracy and adequacy of personal information provided to the Service.

 

(2) Subscribers will implement policies and procedures to prevent unauthorized use of Usernames, and will promptly notify Sharp, upon suspicion that a Username has been lost, stolen, compromised, or misused.

 

4.        Payment, Refunds, Renewal, Subscription Changes and Term

 

(1) The term of a paying subscription will be determined by Sharp and Subscriber at the time of purchase (the “Term”) in the SharpSessions Subscription Agreement.  Generally, each subscription will have a Term of one year (365 days) beginning on the day payment is processed and the Subscriber account is enabled.  In some cases, a shorter Term may be provided for in the SharpSessions Subscription Agreement.  Upon completion of processing the subscription fee payment and Subscriber account setup, Sharp will enable access to the Service and notify the Administrator of the same.

 

(2) All Subscriber accounts not renewed for a successive term prior to the end of the Term will be disabled following the conclusion of the Term.  In addition to disabling the Subscriber account, Sharp will purge all Content associated with an account following the conclusion of the Term.

 

(3) All subscription fees are exclusive of all federal, state, municipal, local or other taxes.

 

(4) No refunds or credits will be issued for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an active subscription.

 

(5) There are no charges for cancelling a subscription.

 

(6) The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades.  Subscription changes, including downgrades, may result in loss of Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.

 

(7) Upgrading and downgrading a subscription to the Service will not affect the Term of the subscription.  Upgrades will be enabled upon receipt of payment for the same.  Sharp will notify the Subscriber when an upgrade is enabled.

 

(8) All prices are subject to change upon notice.  Such notice may be provided by an email message to the Administrator, or in the form of an announcement on the Service.

 

5.        Cancellation and Termination

 

(1) Subscribers are solely responsible for cancelling their subscription.  Subscribers may cancel their subscription at any time by contacting Sharp at Stephanie@sharpcommunications.com.

 

(2) Sharp in its sole discretion, has the right to suspend or discontinue providing the Service to any Subscriber without notice for non-compliance with these Terms of Service, and pursue any other remedy legally available to it.

 

(3) Upon cancellation or termination of a subscription, all Content associated with such subscription will be immediately, and irrevocably deleted from the Service.  Subscribers may optionally request their Content be sent to them prior to deletion.  Sharp may transmit the requested Content in such format determined at its sole discretion.

 

6.        Limited Warranty and Limitation of Liability

(1) The Service is provided on an “as is”, “as available” basis and Sharp expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose.

 

(2) Sharp, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Sharp or its affiliates does not warrant that:

  1. (a)the Service will meet any specific requirements; 

  2. (b)the Service will be uninterrupted, timely, secure, or error-free; and 

  3. (c)any errors in the Service will be corrected. 

 

(3) Sharp, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Sharp or its affiliates, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Sharp has been advised of the possibility of such damages), resulting from:

  1. (a)the use of, or the inability to use, the Service; 

  2. (b)the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; 

  3. (c)any unauthorized access to or alteration of Authorized User transmissions or Content; 

  4. (d)any price change, suspension or discontinuance of the Service; 

  5. (e)any loss of Content, modification to a feature or to the Service itself; 

  6. (f)any loss of Content subsequent to a cancellation or termination of a subscription to the Service; 

  7. (g)any and all injuries sustained while using the Service; 

  8. (h)statements or conduct of any third party on the Service; or 

  9. (i)any other matter relating to the Service. 

 

7.        Miscellaneous

 

(1) Technical support is only provided to Authorized Users with paying subscriptions, and is only available through email correspondence.

 

(2) You acknowledge and agree that Sharp may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

 

(3) You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Content, may be transmitted unencrypted and involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

(4) The failure of Sharp to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

 

(5) The Terms of Service constitutes the entire agreement between you and Sharp and govern your use of the Service, superseding any prior agreements between you and Sharp (including, but not limited to, any prior versions of the Terms of Service).

 

(6) You may not assign your rights or delegate your duties under this license to access the Service without the prior written consent of Sharp.

(7) Correspondence should be sent to Stephanie@sharpcommunications.com.

 

(8) These Terms of Service shall be governed by and construed in accordance with the laws of the State of Kansas.

 

 

        The Subscriber hereby represents that I/ have read this Subscription Agreement and Terms of Service, that I/we understand its contents fully, that I/we have had an adequate opportunity to review this document, that I/we agree to be bound to its terms and conditions, and that I/we hereby consent to this Subscription Agreement and Terms of Service.