SharperManagement.com Terms of Use
Sharper Management, is a Minnesota Corporation (the "Corporation"). The www.sharpermanagment.com website (the "Site") is a service of the Corporation. These TERMS OF USE apply to your access and use of this site.
We reserve the right to revise these Terms of Use at any time. It is the responsibility of the user to review this policy before use. The most current version of the Terms of Use can be viewed at any time by clicking on the "Terms of Use" link, posted on the Site. Continued use of the Site, upon further revisions of the Site or of the Terms of Use constitutes your agreement to any such revisions.
By accessing this Site you accept these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to access or use this Site.
This Site is provided without any warranty and subject to limitations on our liability, see below.
USE AND RESTRICTIONS
A. USE: The Corporation authorizes you to access and use the Site to view information about the products, properties, and services offered by Sharper Management. You may use this information for your own business purposes. However, you agree not to use this Site for any purpose that is prohibited by these Terms of Use or for any reason that may be unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the Site. We may, in our sole discretion, suspend or terminate your access to the Site, or any portion of the Site. This may be done with or without reason. You agree that if your access is limited or terminated, you will not access, or attempt to access the Site, either directly or indirectly, unless we give you express permission to re-enter the Site.
If you provide information to the Corporation, you warrant that the information is true and accurate. You further agree to update all such information as promptly as possible upon any change and that you will not provide information to that Site that may infringe on a trademark, copyright, license, or any other intellectual property right. You agree that you will not provide information to the Site that will violate the privacy rights of others, or that will violate any laws, statutes, ordinances, regulations, or contracts, in each instance when used as contemplated by the Site. You may print a copy of any price, conditions, photos, projections, assumptions, estimates, and any and all information (the "content") posted or displayed on the Site that you are authorized to access. However, you agree not to remove any notices or other information contained in the Content and agree to strictly comply with the Restrictions in these Terms of Use, including without limitation, the Restrictions below.
B. Restrictions: Other than printing a copy of Content as provided above, you may not, and you agree that you will not, reproduce, alter, modify, create derivative works, distribute, perform or display any Content or any copy thereof without first receiving our express written permission. You further agree not to, without first obtaining our express written permission to do any of the following:
1. use any of our trademarks as metatags on other websites
2. use the Site in any manner that is illegal or impairs the operation of the Site
3. affect the availability of the Site or usage by others
4. display any part of the Site in frames or any Content via in-line links
5. use or access, or attempt to use or access any portion of the Site for which registration is required unless you are a registered user with authorization to access that portion of the Site.
6. use or market our listings for the purposes of third-party transactions
You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user's experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site.
You further agree not to use any data mining, web crawlers, robots, cancel bots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
C. Registration: Portions of the site are available for viewing only to registered users. If you choose to register, you will be required to enter information, upon which you will be issued a username of your choosing and a password. Once you have registered and you have a username and a password, you will be considered to be a "registered user." As a registered user you will have an account to use the Site. We may terminate your status as a registered user for any reason, with or without notice. Upon termination of your registered user status, you agree not to access the Site.
You may not authorize any third party to access your account by way of your username and password. Accordingly, you will protect your username and password by keeping this information confidential. You agree to notify us immediately if there is an unauthorized use of your username and password, or account. If you allow another party to use your account, notwithstanding the foregoing, you will be held responsible for all use by the party using your account.
D. External Site Links: We provide hyperlinks to other websites. These sites are operated by third parties, not by our Corporation. We do not control those sites nor do we have control over their privacy policies. The hyperlinks are provided for your ease of navigation, informational purposes, and your reference. The inclusion of the hyperlinks does not imply endorsement, affiliation, partnership, or sponsorship of their material, information or services.
E. Linking to the Site: We appreciate and welcome links to the Corporation Site from other web sites. If we demand that you not link to our Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site, or any portion of the Site, at any time after such demand is made.
F. Intellectual Property: Sharper Management owns all the Content, the Site, the selection and arrangement of the Content, and everything associated with the Site, except for that which is in the public domain. The content is protected by copyright, trademark, unfair competition, contract, and other laws which may not be stated here. The content cannot be used, copied, or imitated in whole or in part except as when given express written consent. Sharper Management and all related logos, products and services described and displayed on the Site are either trademarks or registered trademarks of the Corporation or its licensees and unless given express written consent may not be copied, imitated or used. Also, all page headers, custom graphics, custom designs, button icons, and scripts are service marks, trademarks, and trade dress or Sharper Management and may not be copied, imitated, or used without express written permission. All rights to the Site and its Contents are expressly reserved for Sharper Management, except as otherwise expressly provided in these Terms of Use.
G. Indemnification: You hereby agree to indemnify and hold harmless Sharper Management and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (all "indemnified parties") from and against any and all liability and costs, including, without limitation, reasonable attorney fees incurred by the indemnified parties in connection with any claim arising out of (1) your access and or use of the Site including without limitation, any Content, (2) any breach of any of these Terms of Use by you or, if applicable, any user of your account, and (3) any allegation which if true would constitute a breach of any of these Terms of Use by you or, if applicable, any user of your account.
H. No Warranty: This is an "AS IS" Site. This is an "AS AVAILABLE" Site. This Site is "WITH ALL FAULTS." We assume no liability.
We are not responsible for any errors or omissions in respect of the Site, including without limitation, any errors or omissions with respect to Content. You acknowledge and agree that you assume full responsibility for ensuring that all Content is reliable, accurate, and current. We do not represent or warrant that the Site will function properly or that the Site will be continuously available.
WITHOUT LIMITING THE GENERAL NATURE OF THE FOLLOWING, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT) FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND OR NON-INFRINGEMENT IN RESPECT OF THE SITE- INCLUDING, WITHOUT LIMITATION, THE CONTENT. Some jurisdictions do not allow implied warranties to be disclaimed, excluded or modified, so in those jurisdictions, the above limitations may not apply.
I. Limitation of Liability: EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SHARPER MANAGEMENT, AND OR ITS SUPPLIERS BE LIABLE FOR:
1. ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY, OR INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND OR THE INACCURACY OF ANY CONTENT, AND OR;
2. ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (1&2) ABOVE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE AND EVEN IF APARTMENT BROKERS OF MINNESOTA, INCORPORATED AND OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, SHARPER MANAGEMENT AND ITS SUPPLIERS AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND OR THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO $10.00. Some jurisdictions do not allow the disclaimer of some types of damages, so in those jurisdictions, the above limitations may not apply.
J. Release: In the event that you have a dispute with any person or entity arising from your use of the Site, you release Sharper Management, its officers, directors, agents, affiliates, and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Whether or not you are a California resident, you waive and relinquish all rights and benefits under any legal principle with the similar affect of California Civil Code Section 1542 in any jurisdiction with respect to the release granted above in this section.
K. Modification of the Site: For the avoidance of doubt, we may modify, suspend, discontinue and or restrict the use of all or any portion of the Site including, without limitation, the availability of any Content contained on the Site at any time for any reason whatsoever without notice or liability.
L. Privacy: Information that we collect on the Site is subject to our Privacy Policy. You consent to the collection and use of such information as set forth in our Privacy Policy.
M. Governing Law and Jurisdiction: The Site is hosted on servers located in the United States. It is intended to be viewed by residents of the United States. These Terms of Use and all matters arising out of or relating to the Site shall be governed by the laws, rules, and regulations of the United States and the Commonwealth of Virginia, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Also, the Uniform Computer Information Transaction Act shall not apply to these Terms of Use or to this Site. In the event that you desire to initiate any suit against Sharper Management, arising out of or relating to the Site and or these Terms of Use, you agree to bring such suit in the federal courts sitting in Minnesota, USA, unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the State Courts sitting in Minnesota, USA. You further agree that we may initiate a suit against you arising out of or relating to the Site and or these Terms of Use in such courts and you hereby waive all rights you may have or which may hereafter arise to the contest jurisdiction or venue in such courts.
N. Miscellaneous: These Terms of Use including, without limitation, and any other terms and conditions that may appear on the Site from time to time (such as, without limitation, additional representations that we may ask you to make when submitting information to the Site) contain the full understanding with respect to your use and access of the Site (including, without limitation, the Service) and supersede all prior agreements, terms conditions and understandings, both written and oral, with respect to such use and access of the Site. You may not transfer any rights or obligations you may have to your account or under these Terms of Use without our prior written consent.
We may transfer our rights under these Terms of Use without your consent. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision and the remainder of these Terms of Use shall remain in full force and effect.
A printed version of these Terms of Use and of any notices given to you 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 the printed form. The failure of Sharper Management to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. None of our rights or remedied conferred by these Terms of Use are exclusive of any other right or remedy conferred herein or by law or in equity. Rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time to time. If we bring any suit against you to enforce these Terms of Use or otherwise in connection with your use and or access of the Site, you agree that if we prevail in such suit we shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorney fees. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. We may provide notice to you relating to the Site and or these Terms of Use by any reasonable means, including, without limitation, sending an email to your last known email address, and any such email notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and or the Site must commence within one year after the cause of action arises, otherwise, such cause of action shall be permanently barred.
We reserve the right to revise these Terms of Use at any time. It is the responsibility of the user to review this policy before use. The most current version of the Terms of Use can be viewed at any time by clicking on the "Terms of Use" link, posted on the Site. Continued use of the Site, upon further revisions of the Site or of the Terms of Use constitutes your agreement to any such revisions.
By accessing this Site you accept these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to access or use this Site.
This Site is provided without any warranty and subject to limitations on our liability, see below.
USE AND RESTRICTIONS
A. USE: The Corporation authorizes you to access and use the Site to view information about the products, properties, and services offered by Sharper Management. You may use this information for your own business purposes. However, you agree not to use this Site for any purpose that is prohibited by these Terms of Use or for any reason that may be unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the Site. We may, in our sole discretion, suspend or terminate your access to the Site, or any portion of the Site. This may be done with or without reason. You agree that if your access is limited or terminated, you will not access, or attempt to access the Site, either directly or indirectly, unless we give you express permission to re-enter the Site.
If you provide information to the Corporation, you warrant that the information is true and accurate. You further agree to update all such information as promptly as possible upon any change and that you will not provide information to that Site that may infringe on a trademark, copyright, license, or any other intellectual property right. You agree that you will not provide information to the Site that will violate the privacy rights of others, or that will violate any laws, statutes, ordinances, regulations, or contracts, in each instance when used as contemplated by the Site. You may print a copy of any price, conditions, photos, projections, assumptions, estimates, and any and all information (the "content") posted or displayed on the Site that you are authorized to access. However, you agree not to remove any notices or other information contained in the Content and agree to strictly comply with the Restrictions in these Terms of Use, including without limitation, the Restrictions below.
B. Restrictions: Other than printing a copy of Content as provided above, you may not, and you agree that you will not, reproduce, alter, modify, create derivative works, distribute, perform or display any Content or any copy thereof without first receiving our express written permission. You further agree not to, without first obtaining our express written permission to do any of the following:
1. use any of our trademarks as metatags on other websites
2. use the Site in any manner that is illegal or impairs the operation of the Site
3. affect the availability of the Site or usage by others
4. display any part of the Site in frames or any Content via in-line links
5. use or access, or attempt to use or access any portion of the Site for which registration is required unless you are a registered user with authorization to access that portion of the Site.
6. use or market our listings for the purposes of third-party transactions
You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user's experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site.
You further agree not to use any data mining, web crawlers, robots, cancel bots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
C. Registration: Portions of the site are available for viewing only to registered users. If you choose to register, you will be required to enter information, upon which you will be issued a username of your choosing and a password. Once you have registered and you have a username and a password, you will be considered to be a "registered user." As a registered user you will have an account to use the Site. We may terminate your status as a registered user for any reason, with or without notice. Upon termination of your registered user status, you agree not to access the Site.
You may not authorize any third party to access your account by way of your username and password. Accordingly, you will protect your username and password by keeping this information confidential. You agree to notify us immediately if there is an unauthorized use of your username and password, or account. If you allow another party to use your account, notwithstanding the foregoing, you will be held responsible for all use by the party using your account.
D. External Site Links: We provide hyperlinks to other websites. These sites are operated by third parties, not by our Corporation. We do not control those sites nor do we have control over their privacy policies. The hyperlinks are provided for your ease of navigation, informational purposes, and your reference. The inclusion of the hyperlinks does not imply endorsement, affiliation, partnership, or sponsorship of their material, information or services.
E. Linking to the Site: We appreciate and welcome links to the Corporation Site from other web sites. If we demand that you not link to our Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site, or any portion of the Site, at any time after such demand is made.
F. Intellectual Property: Sharper Management owns all the Content, the Site, the selection and arrangement of the Content, and everything associated with the Site, except for that which is in the public domain. The content is protected by copyright, trademark, unfair competition, contract, and other laws which may not be stated here. The content cannot be used, copied, or imitated in whole or in part except as when given express written consent. Sharper Management and all related logos, products and services described and displayed on the Site are either trademarks or registered trademarks of the Corporation or its licensees and unless given express written consent may not be copied, imitated or used. Also, all page headers, custom graphics, custom designs, button icons, and scripts are service marks, trademarks, and trade dress or Sharper Management and may not be copied, imitated, or used without express written permission. All rights to the Site and its Contents are expressly reserved for Sharper Management, except as otherwise expressly provided in these Terms of Use.
G. Indemnification: You hereby agree to indemnify and hold harmless Sharper Management and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (all "indemnified parties") from and against any and all liability and costs, including, without limitation, reasonable attorney fees incurred by the indemnified parties in connection with any claim arising out of (1) your access and or use of the Site including without limitation, any Content, (2) any breach of any of these Terms of Use by you or, if applicable, any user of your account, and (3) any allegation which if true would constitute a breach of any of these Terms of Use by you or, if applicable, any user of your account.
H. No Warranty: This is an "AS IS" Site. This is an "AS AVAILABLE" Site. This Site is "WITH ALL FAULTS." We assume no liability.
We are not responsible for any errors or omissions in respect of the Site, including without limitation, any errors or omissions with respect to Content. You acknowledge and agree that you assume full responsibility for ensuring that all Content is reliable, accurate, and current. We do not represent or warrant that the Site will function properly or that the Site will be continuously available.
WITHOUT LIMITING THE GENERAL NATURE OF THE FOLLOWING, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT) FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND OR NON-INFRINGEMENT IN RESPECT OF THE SITE- INCLUDING, WITHOUT LIMITATION, THE CONTENT. Some jurisdictions do not allow implied warranties to be disclaimed, excluded or modified, so in those jurisdictions, the above limitations may not apply.
I. Limitation of Liability: EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SHARPER MANAGEMENT, AND OR ITS SUPPLIERS BE LIABLE FOR:
1. ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY, OR INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND OR THE INACCURACY OF ANY CONTENT, AND OR;
2. ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (1&2) ABOVE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE AND EVEN IF APARTMENT BROKERS OF MINNESOTA, INCORPORATED AND OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, SHARPER MANAGEMENT AND ITS SUPPLIERS AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND OR THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO $10.00. Some jurisdictions do not allow the disclaimer of some types of damages, so in those jurisdictions, the above limitations may not apply.
J. Release: In the event that you have a dispute with any person or entity arising from your use of the Site, you release Sharper Management, its officers, directors, agents, affiliates, and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Whether or not you are a California resident, you waive and relinquish all rights and benefits under any legal principle with the similar affect of California Civil Code Section 1542 in any jurisdiction with respect to the release granted above in this section.
K. Modification of the Site: For the avoidance of doubt, we may modify, suspend, discontinue and or restrict the use of all or any portion of the Site including, without limitation, the availability of any Content contained on the Site at any time for any reason whatsoever without notice or liability.
L. Privacy: Information that we collect on the Site is subject to our Privacy Policy. You consent to the collection and use of such information as set forth in our Privacy Policy.
M. Governing Law and Jurisdiction: The Site is hosted on servers located in the United States. It is intended to be viewed by residents of the United States. These Terms of Use and all matters arising out of or relating to the Site shall be governed by the laws, rules, and regulations of the United States and the Commonwealth of Virginia, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Also, the Uniform Computer Information Transaction Act shall not apply to these Terms of Use or to this Site. In the event that you desire to initiate any suit against Sharper Management, arising out of or relating to the Site and or these Terms of Use, you agree to bring such suit in the federal courts sitting in Minnesota, USA, unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the State Courts sitting in Minnesota, USA. You further agree that we may initiate a suit against you arising out of or relating to the Site and or these Terms of Use in such courts and you hereby waive all rights you may have or which may hereafter arise to the contest jurisdiction or venue in such courts.
N. Miscellaneous: These Terms of Use including, without limitation, and any other terms and conditions that may appear on the Site from time to time (such as, without limitation, additional representations that we may ask you to make when submitting information to the Site) contain the full understanding with respect to your use and access of the Site (including, without limitation, the Service) and supersede all prior agreements, terms conditions and understandings, both written and oral, with respect to such use and access of the Site. You may not transfer any rights or obligations you may have to your account or under these Terms of Use without our prior written consent.
We may transfer our rights under these Terms of Use without your consent. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision and the remainder of these Terms of Use shall remain in full force and effect.
A printed version of these Terms of Use and of any notices given to you 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 the printed form. The failure of Sharper Management to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. None of our rights or remedied conferred by these Terms of Use are exclusive of any other right or remedy conferred herein or by law or in equity. Rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time to time. If we bring any suit against you to enforce these Terms of Use or otherwise in connection with your use and or access of the Site, you agree that if we prevail in such suit we shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorney fees. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. We may provide notice to you relating to the Site and or these Terms of Use by any reasonable means, including, without limitation, sending an email to your last known email address, and any such email notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and or the Site must commence within one year after the cause of action arises, otherwise, such cause of action shall be permanently barred.
Copyright © 2012 Sharper Management. All Rights Reserved 