Sharp IoT Terms of Use

Effective: August 3, 2020

FOR CUSTOMERS IN THE UNITED STATES AND CANADA

The following Terms of Use, as well as the Sharp IoT Privacy and Data Utilization Policy ("Privacy Policy") available at https://policies.sharpusa.com/sharpapps-privacy-policy (collectively, the "Terms of Use") govern Your use of the Sharp App and Connected Services. By clicking on the box next to "Terms of Use", You agree to be bound by the Terms of Use.

1. Definitions
   "Sharp App" is an Internet-based service provided by Sharp Electronics Corporation ("Sharp") which is accessible only via Your Wi-Fi connected Sharp home appliance or consumer device ("Sharp Device") and consists of information services and other content, including underlying operating systems or platforms (collectively, " Connected Services") which may be provided by Sharp, affiliates of Sharp, including but not limited to its parent corporation or subsidiaries ("Affiliates"), and other third parties ("Third-Party Content Providers") directly through Your Sharp Device or in conjunction with the Sharp mobile application and Sharp User Account System. "You", "Your" and "Yourself" shall be synonymous for purposes of these Terms of Use and shall mean each person who uses the Sharp App.
2. Use of Sharp App and Connected Services
   By clicking on the box next to "Terms of Use", You hereby accept these Terms of Use as currently constituted. Sharp shall have the right at any time and in its sole discretion to change or modify the Terms of Use applicable to the use of Sharp App, or any part thereof, or to impose new conditions. Such alterations, edits, supplements, or amendments shall be effective immediately upon notice thereof. If any changes made to these Terms of Use are unacceptable to You, You must immediately terminate use of Sharp App by logging out of the application and disconnect your Sharp Device from Wi-Fi.

   Please note that You may also be required to accept other terms of use that govern use of particular services or Connected Services prior to Your access to or use of such services, including privacy policies or end-user license agreements from Third-Party Content Providers.

   These Terms of Use constitute the entire agreement between You and Sharp concerning the use of the Sharp App and Connected Services and supersede any and all statements or other agreements, whether oral or written, between You and Sharp. These Terms of Use may not be altered, edited, supplemented, or amended in any manner by You and any such attempted alteration, edit, supplement or amendment shall be null and void, unless first agreed to in writing by an authorized representative of Sharp.

3. Representations and Warranties
   You represent and warrant that You (a) are at least 18 years old if You are a resident of the United States, or, if You are a resident of Canada, You have reached the age of majority in your province or territory of residence (which is 18 years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan, and 19 years old in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon); (b) are a resident of the United States of America or Canada; (c) have the right, authority and capacity to bind yourself to these Terms of Use; and (d) have read and agree to these Terms of Use and the Privacy Policy.
4. Personal/Non-Commercial Use
   Your Sharp Device is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Connected Services made available through your Sharp Device or the Sharp App. You may only use the Connected Services in the United States and Canada.
5. Privacy and Protection of Personal Information
   The Privacy Policy is incorporated by reference into these Terms of Use and applies to information submitted or collected by Sharp via Your Sharp Device or the Sharp App. To view the Privacy Policy, which may be revised by Sharp from time to time, please visit https://policies.sharpusa.com/sharpapps-privacy-policy
6. Modifications to Sharp App and Connected Services
   Sharp, in its sole discretion, shall control the appearance, development, and operation of the Sharp App. Sharp reserves the right, for any reason and in its sole discretion and without notice, to modify, terminate, change, suspend, or discontinue any and all aspects of Sharp App, including, without limitation, available Connected Services, the method of delivery, features, and/or hours of availability. Sharp shall not be liable to You or any third party for such modification, termination, change, suspension, or discontinuation, if any.
7. Fees and Equipment
   The Sharp App and Connected Services are provided to You at no additional charge from Sharp. You shall be responsible for obtaining or maintaining all appliance, Internet hardware, Internet connectivity, and other equipment or services needed for access to and use the Connected Services, and all charges related thereto.
8. Availability of the Sharp App and Connected Services
   You may at times be unable to access the Sharp App or Connected Services for a variety of reasons which may be unrelated to your Sharp Device itself, including, but not limited to, power failure, other Internet connection failure, or failure to configure Your Sharp Device properly. Sharp, its Affiliates, and their respective directors, officers, employees, agents, and contractors (the "Sharp Parties") shall not be liable to You or any third party with respect to such failures or maintenance outages, regardless of cause or whether it could have been avoided.
9. Accounts, Passwords and Security
   Certain features or services offered on or through the Sharp App or Connected Services may require opening an account, which may include, without limitation, setting up an ID, user name and/or password. You are solely and entirely responsible for maintaining the confidentiality of Your account information, including Your password, and for the activity of users utilizing Your account, ID, user name and/or password, whether or not You specifically authorized such transactions. You agree to notify Sharp immediately of any unauthorized use of Your account, ID, user name and/or password, or any other breach of security. You may not use anyone else's account, user name, ID and/or password without the express permission and consent of the holder of that account, ID, user name and/or password. Sharp cannot and will not be liable for any loss or damage arising from the failure to comply with these obligations.
10. No Unlawful or Prohibited Use
    You agree that You will not use Your Sharp Device or any of the Connected Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Sharp App, Connected Services or Your Sharp Device in any manner that could disable, damage, overburden, or impair any Sharp server or networks connected to any Sharp server or interfere with any other party's use and enjoyment of the Sharp App. You may not attempt to gain unauthorized access to the Sharp App, any Connected Services, or any device provided therein through hacking or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available via Your Sharp Device, the Sharp App, and/or any Connected Services provided therein. You may not modify, copy, distribute, transmit, display, perform, reproduce, upload, publish, license, create derivative works from, transfer, or sell in any manner or medium any content or services available via this device.
11. Termination
    Sharp reserves the right to terminate Your authorization to use Sharp App and/or any Connected Services provided therein at any time and for any reason, including, but not limited to, for Your violation of these Terms of Use. Upon termination, any provisions of the Terms of Use which, by their nature, are intended to survive termination, including, but not limited to, Sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, shall continue to survive.
12. Third-Party Content
    Some Connected Services provided on or through the Sharp App or Your Sharp Device may be provided by Third-Party Content Providers. Your use of Connected Services or Linked Sites provided via Third-Party Content Providers is at Your own risk and subject to any applicable agreement between You and the Third-Party Content Provider. Although Sharp reserves the right to do so at any time and in its sole discretion, Sharp shall not be required to pre-screen or monitor any Connected Services available via the Sharp App or Your Sharp decive from Third-Party Content Providers. Unless otherwise specifically authorized by the applicable Third-Party Content Providers, all third-party content and services provided are for personal and non-commercial use; you may not modify, copy, distribute, transmit, display, perform, reproduce, upload, publish, license, create derivative works from, transfer, or sell in any manner or medium any content or services available via the Sharp App, Connected Services or Your Sharp Device. You agree that Sharp is not responsible for, makes no representations or warranties regarding, and accepts no liability in respect of Connected Services provided by Third-Party Content Providers. You agree also that the Sharp Parties shall not be liable to you or any third party for (a) your failure to abide by any authorization or terms of use provided by Third-Party Content Providers, or (b) customer service-related issues related to the third-party content or services. Any questions, comments or service-related inquiries relating to the third-party content or service should be made directly to the applicable content or service provider. You acknowledge that Connected Services provided via Third-Party Content Providers may be governed by terms and conditions separate and apart from these Terms of Use and You expressly agree that Sharp shall not be liable to You or any third party for Your failure to abide by those Third-Party Content Providers' terms and conditions.
13. Links to Other Sites
    The Sharp App or Connected Services may contain links to other independent third-party web sites or application (" Linked Sites"). These Linked Sites are provided solely as a convenience to You. Such Linked Sites are not under Sharp's control, and Sharp is not responsible for and does not endorse the content of such Linked Sites, including, but not limited to, any information or materials contained on such Linked Sites. For additional information regarding Linked Sites, please refer to the Third-Party Websites and Applications section of the Privacy Policy.
14. Disclaimer of Warranties
    THE SHARP APP AND ALL CONNECTED SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE SHARP PARTIES MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OR CONDITIONS OF SUITABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, TITLE, USEFULNESS, LACK OF NEGLIGENCE OR ERROR-FREE OR UNINTERRUPTED OPERATION OR USE OF Sharp APP AND/OR CONNECTED SERVICES PROVIDED THEREIN, OR THAT Sharp APP, AND/OR ANY CONNECTED SERVICES PROVIDED THEREIN, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. FURTHER, THE SHARP PARTIES MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONNECTED SERVICES MADE AVAILABLE ON Sharp App OR VIA YOUR SHARP DEVICE NOR SHALL THEY BE LIABLE TO YOU FOR ANY DECISIONS BASED ON ANY CONNECTED SERVICES PROVIDED. SHARP MAKES NO WARRANTIES OR REPRESENTATIONS AND ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM ANY CONNECTED SERVICES PROVIDED BY THIRD-PARTY CONTENT PROVIDERS. SUCH CONNECTED SERVICES PROVIDED BY THIRD PARTIES IS FOR USE AT YOUR OWN RISK. SHARP IS NOT AN AGENT OF AND ASSUMES NO RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF THIRD-PARTY CONTENT PROVIDERS NOR ANY ASPECT OF THE CONNECTED SERVICES RELATED TO THOSE THIRD-PARTY CONTENT PROVIDERS. SOME JURISDICTIONS DO NOT APPLY THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
    IN NO EVENT WILL THE SHARP PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR USE OR OTHER CONSEQUENTIAL OR INDIRECT ECONOMIC LOSS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, Sharp APP AND/OR ANY CONNECTED SERVICES. THIS PARAGRAPH SHALL APPLY REGARDLESS OF WHETHER THE THEORY OF LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT THE SHARP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SHARP PARTIES' AGGREGATE CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO Sharp APP AND/OR ANY CONNECTED SERVICES PROVIDED THEREIN EXCEED FIFTY US DOLLARS (US $50). YOU HEREBY RELEASE THE SHARP PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
16. Indemnification
    You agree to defend, indemnify, and hold harmless the Sharp Parties from and against all claims, losses, damages, expenses, liabilities, and costs, including reasonable attorneys' fees, arising from or relating to Your use of Sharp App, any Connected Services provided therein, and/or any breach of these Terms of Use.
17. Arbitration/Waiver of Jury Trial
    (A) You and the Sharp Parties each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms of Use, or to any products or services sold or distributed by Sharp, will be resolved by binding, individual arbitration and administered by the American Arbitration Association ("AAA") and conducted before a sole arbitrator , rather than in court. Disputes and claims that are within the scope of a small claims court's authority are exempt from this dispute resolution provision, so long as they are brought individually. The arbitration will be conducted by AAA under its rules. Payment of all filing, administration and arbitrator fees will be governed by AAA's rules. Sharp will reimburse those fees (but not any attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, Sharp will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at another mutually agreed upon location. We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that You may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or part of this class action waiver provision is invalid or unenforceable may be determined only by a court and not by an arbitrator. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class or representative action must be brought in a court of proper jurisdiction and not in arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury. (B) Any claim by You under these Terms of Use must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred.
18. Trademarks
    The trademarks "Sharp" and any other related product names, service names, or logos used, quoted and/or referenced on the Sharp App or Your Sharp Device are trademarks, registered trademarks, or service marks of Sharp Corporation and/or its Affiliates. All other product names, service names, logos and/or company names appearing on the App and Your Sharp Device and/or Connected Services provided therein are the property of their respective holders and may be protected as their trademarks, registered trademarks, service marks and/or trade names.
19. Copyright
    All Connected Services on or available through Sharp App and the Connected Services are © Sharp Corporation, its Affiliates and/or Third-Party Content Providers. All rights reserved.
20. Notices
    Any notices, questions, or comments related to these Terms of Use should be directed to:
    
    

     

    Legal Department
    Sharp Electronics Corporation
    ATTN: Sharp App Terms of Use
    100 Paragon Drive
    Montvale, NJ 07645
    Email: legalnotices@sharpsec.com
    Telephone: 201-529-8200
    Fax: 201-529-8425
    

    or for customers in Canada

    Sharp Electronics of Canada Ltd.
    ATTN: Sharp App Terms of Use
    325 Britannia Rd., East
    Suite 101
    Mississauga ON L4Z 1WP
    Email: privacy@sharpsec.com
    Telephone: 905-890-2100
    Fax: 905-568-7141
    
21. Assignment
    Sharp may assign these Terms of Use, in whole or in part, to any third party at any time with or without notice to You. You may not assign or transfer these Terms of Use.
22. Force Majeure
    Sharp shall in no way be liable for any delay or failure in its performance to the extent such delay or failure is caused or is a result of acts beyond Sharp's reasonable control, including, but not limited to, acts of God, fire, flood, earthquake, accident, riot, war, government intervention, terrorism, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Sharp.
23. Headings
    All section headings used in these Terms of Use are for convenience or reference only and in no way shall form a part of these Terms of Use or expand, limit, define, or interpret the scope of this agreement or any provision hereof.
24. Waiver/Severability
    Sharp's waiver of any breach or right under these Terms of Use shall not be deemed a waiver of any other or subsequent breach or right. All waivers must be in writing and signed by an authorized Sharp representative. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, 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.
25. Language
    It is the express wish of the parties that these Terms of Use, the Privacy Policy and the Sharp App, and all content, information, and communication in connection with the Sharp App be in the English language, except for documents in respect of which law require the exclusive use of French. Il est la volonté expresse des parties que ces Modalités d'utilisation, la Politique relative à la vie privée et l'Application, de même que tout contenu, information et communication à l'égard de l'Application soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

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