Website Terms & Use

Sharp Gourmet’s Website Terms of Use

Sharp Gourmet, Inc. (“Sharp Gourmet,” “we,” or “us”) maintains the website located at www.sharpgourmet.com, and our related social media pages (collectively, the “Site”). We allow you use of and access to the Site subject to the terms and conditions below (the “Terms of Use”). The terms “you” and “your,” as used in these Terms of Use, refer to all individuals and/or entities accessing this Site for any reason. These Terms of Use affect your rights and you should read them carefully.

Acceptance of these Terms of Use

By accessing or using the Site, you acknowledge and represent that you have read, understood, agree to be bound by, and accept, these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SITE. Although you may “bookmark” a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. If you have any question about your obligations under these Terms of Use, please email Sharp Gourmet at info@sharpgourmet.com.

Changes and Updates to These Terms of Use

Sharp Gourmet may change these Terms of Use without prior notice. All changes to these Terms of Use are effective immediately upon publication to the Site. We will note the date that these Terms of Use have most recently been updated at the conclusion of these Terms of Use. By continuing to use the Site after the posting of any changes, you agree to be bound by the Terms of Use as modified. Your access and use of the Site is subject to the most current version of these Terms of Use.

Right to Enter the Site

As long as you comply with these Terms of Use, Sharp Gourmet grants you a personal, non-exclusive, non-transferable, limited permission to enter and use the Site. Any unauthorized use of the Site terminates the permission granted by Sharp Gourmet to enter and use the Site. No person under the age of 18 may use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children.

Ownership and Use of Materials

All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site (collectively, “Materials”) are owned, controlled or licensed by or to Sharp Gourmet, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. You may download, print, and view Materials from the Site under these Terms of Use as long as you use the Materials only for non-commercial, personal use and as long as you do not modify or alter the Materials. You may not copy, republish, distribute, prepare derivative works, modify, or otherwise use the Materials other than as expressly permitted by these Terms of Use. Sharp Gourmet reserves the right to revoke at any time the authorization to view, download and print the Materials available via this Site, and you must discontinue such use immediately upon notice from Sharp Gourmet.

The rights specified above to view, download and print the Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, and other laws, and may not be copied or imitated. No trademark, service mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Sharp Gourmet in writing.

Access Limits

Without Sharp Gourmet’s express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or (b) frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining Materials, lists of users, or other information.

You may not use any meta tags or any other “hidden text” utilizing Sharp Gourmet’s name, trademarks, or service marks without the express written permission of Sharp Gourmet. You may not use any Sharp Gourmet logo or other proprietary graphic, trademark, or service mark as part of a link without express written permission from Sharp Gourmet. When you use the Site and its Materials for an authorized purpose, you must include all proprietary notices without changing or hiding them. You agree that you will not use the Site in any manner that is inconsistent with, or in violation of, applicable law or that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

Registration Information and Security

To obtain access to certain portions of the Site you will be required to register. When you register you will select a username and password. You agree that the information you supply during the registration process is true, accurate, current, and complete information about yourself. If the information becomes inaccurate it is your responsibility to update your registration. If Sharp Gourmet has reasonable grounds to believe that your registration information is untrue, inaccurate, incomplete, or outdated, Sharp Gourmet may suspend or terminate your use of the Site. Sharp Gourmet may disallow the use of any username that Sharp Gourmet deems offensive or inappropriate. You are responsible for preserving the confidentiality of your password and for the actions of persons accessing the Site through usernames and passwords selected by you. You agree to immediately notify Sharp Gourmet of any unauthorized use of your username or password.

Electronic Communications

If you register on the Site, you hereby authorize Sharp Gourmet to send electronic mail to you for the purpose of advising you of changes or additions to this Site, or about any of Sharp Gourmet’s products or services. If you do not want to receive these emails from Sharp Gourmet, you may contact Sharp Gourmet at info@sharpgourmet.com to remove your email address from the mailing list.

User Obligations

You agree NOT to do any of the following while using the Site:

  • Violate any applicable law, regulation, or the Terms of Use;
  • Access, tamper with, or use non-public or non-authorized areas of the Site;
  • Tamper with postings of other users;
  • Impersonate or misrepresent your affiliation with any person or entity or create a false identity for purposes of misleading others;
  • Post false or misleading information;
  • Post or transmit any content that infringes a third party’s Intellectual Property Rights (as that term is defined below) or rights of publicity or privacy or that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, threatening, pornographic, racist, harmful (including viruses, corrupted files, or any other similar software or programs), disparaging of Sharp Gourmet or other users, or otherwise objectionable;
  • Violate any other policies stated on the Site;
  • Repeat any action after you receive a warning or request from Sharp Gourmet to stop, whether or not that action is explicitly prohibited in policies. This includes continuing to use the Site under the same account, a different account, or reregistering under a new account after your account has been temporarily suspended, indefinitely suspended, or terminated;
  • Market any goods or services for any business or commercial purpose (including advertising) other than as expressly approved by Sharp Gourmet; or
  • Fail to respond to an email from Sharp Gourmet regarding a violation, dispute or complaint.

Links to External Sites

From time to time, Sharp Gourmet may provide links on the Site to other independent websites on the Internet that are owned and operated by third party vendors or other third parties not under the control of Sharp Gourmet. These links are not intended as an endorsement by Sharp Gourmet of the entity or individual operating the website or a warranty of any type regarding the website or the information on the website. By using this Site, you acknowledge that Sharp Gourmet is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with the use of, or reliance on, any such content, goods or services available on or through any such site or resource.

Accuracy of Information on the Site

Sharp Gourmet attempts to provide only accurate information, but some inaccuracies may occasionally be present, including typographical errors. By using the Site you acknowledge that Sharp Gourmet will not be liable or responsible for any damage or loss caused by, or in connection with, the use of, or reliance on, any information on the Site. If you find any information on the Site to be inaccurate, please alert Sharp Gourmet at info@sharpgourmet.com.

Termination

Sharp Gourmet may terminate your use of or access to the Site for any reason or no reason at all, including if we believe that you have violated or acted inconsistently with these Terms of Use. Sharp Gourmet may also modify or discontinue providing the Site, or any part thereof, with or without notice. Sharp Gourmet is not liable to you or any third-party for any termination of your access to the Site, any modification or termination of the Site, or any resulting loss in data.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Sharp Gourmet AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Sharp Gourmet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.

Dealings with Advertisers or Partners

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners, found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that advertiser or partner. You agree that Sharp Gourmet is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

Intellectual Property

All Materials are the property of Sharp Gourmet or the parties specifically indicated, and are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). Except as expressly provided in these Terms of Use, Sharp Gourmet does not grant any express or implied right to use the Materials. The collection, arrangement and assembly of any Materials are the exclusive property of Sharp Gourmet or its licensors, and protected by U.S. and international intellectual property laws, including copyright laws. All software used on this Site is the property of Sharp Gourmet, or its software suppliers, and protected by U.S. and international intellectual property laws, including copyright laws. “Sharp Gourmet,” associated Sharp Gourmet designs, and any other Sharp Gourmet graphics, logos and service names are trademarks of Sharp Gourmet. All other marks contained on this Site are the property of the parties indicated.

Indemnity

You agree to indemnify, defend and hold Sharp Gourmet, and its subsidiaries, affiliates, officers, agents, co-branded partners or other partners, and employees, harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses and liabilities arising from or related to (a) any violation by you of these Terms of Use, (b) your use of the Site, (c) any content that you submit, post to, or transmit through the Site, (d) your access to or use of linked sites, and (e) any dealings between you and any third parties advertising or promoting via the Site.

Void Where Prohibited

The Site is controlled, operated and administered by Sharp Gourmet from its offices in the state of New York, U.S.A. Although the Site is accessible worldwide, not all features, products or services offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Sharp Gourmet reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are responsible for complying with applicable local laws.

Choice of Law; Dispute Resolution

All matters relating to your access to and use of the Site, including purchases made on the Site, are governed in all respects by the laws of the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms of Use or arising out of your use of this Site will be resolved, individually, through binding arbitration in Orange County, New York using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party. You can address such grievances through arbitration only and you are hereby consenting to do it in Orange County, New York, using New York’s laws (without regard to New York’s rules on conflict of laws). To the fullest extent allowed by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, New York as necessary to protect the party’s rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, New York.

General

If any portion of these Terms of Use is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effect the intent of the parties as reflected by that provision, and the remaining portions of these Terms of Use will be given full effect. Sharp Gourmet’s failure to act in a particular circumstance, including any failure by Sharp Gourmet to enforce or exercise any provision of these Terms of Use, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. Sharp Gourmet will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Use. Sharp Gourmet may assign its rights and obligations under these Terms of Use to an entity that acquires all or substantially all of the assets of Sharp Gourmet or to any subsidiary or successor in a merger or acquisition involving Sharp Gourmet. These Terms of Use constitute the entire agreement between Sharp Gourmet and you with respect to your access to or use of the Site, superseding any prior agreements between you and Sharp Gourmet with respect to your access to or use of the Site (including any prior versions of these Terms of Use).

Last updated: June 24, 2015