Terms

Welcome to the Sharpe Capital website (the "Sharpe Capital Site"). [Sharpe Capital] ("Sharpe", "we", "us" or "our") provides the Sharpe Capital Site to you subject to the following terms of use ("Terms"). The Sharpe Capital Site is offered to you conditioned on your acceptance, without modification, of the Terms. Your use of the Sharpe Capital Site constitutes your agreement to all such Terms. Please read these Terms carefully, keep a copy of them for your reference, and if you have any questions about these terms of use please contact us prior to using the Sharpe Capital Site.

We are constantly modifying, updating, expanding, and improving the Sharpe Capital Site. We reserve the right, subject to applicable law, to make changes, modify, or add or remove portions of these Terms, our Privacy Policy, and other incorporated terms and policies at any time, in our sole discretion. Material changes to these Terms will not be applied retroactively. Nonetheless, we encourage you to check the Sharpe Capital Site frequently to see the current Terms of Use in effect and any changes that may have been made to them. If we make material changes to these Terms, we will post the revised Sharpe Terms and the revised effective date on the Sharpe Capital Site. No one at Sharpe is authorized to modify these Terms with you or otherwise enter into an agreement with you that conflicts with these Terms, except by means of written agreement signed by an authorized agent of Sharpe, and any other purported modifications or alterations or conflicting terms will be null and void.

These terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these terms, please contact us at [email protected] and immediately navigate away from the Sharpe Capital Site. Do not use the Sharpe Capital Site until you and Sharpe have agreed upon new terms of use.

Electronic Communications

Visiting the Sharpe Capital Site or sending emails to Sharpe constitute electronic communications. By visiting the Sharpe Capital Site or sending emails to Sharpe, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or on the Sharpe Capital Site, satisfy any legal requirement that such communications be in writing.

Third Party Services

The Sharpe Capital Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sharpe and Sharpe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sharpe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sharpe of the site or any association with its operators.

Certain services made available via the Sharpe Capital Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Sharpe Capital Site domain, you hereby acknowledge and consent that Sharpe may share such information and data with any third party with whom Sharpe has a contractual relationship to provide the requested product, service or functionality on behalf of Sharpe Capital Site users and customers.

Prohibited Uses and Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Sharpe Capital Site strictly in accordance with these Terms. As a condition of your use of the Sharpe Capital Site, you warrant to Sharpe that you will not use the Sharpe Capital Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Sharpe Capital Site in any manner that could damage, disable, overburden, or impair the Sharpe Capital Site or interfere with any other party’s use and enjoyment of the Sharpe Capital Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sharpe Capital Site.

All content included on the Sharpe Capital Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sharpe Capital Site (collectively, "Sharpe Content"), is the property of Sharpe or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Sharpe Content, in whole or in part, found on the Sharpe Capital Site. Sharpe Content is not for resale. Your use of the Sharpe Capital Site does not entitle you to make any unauthorized use of any Sharpe Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Sharpe Content. You will use Sharpe Content solely for your personal use, and will make no other use of Sharpe Content without the express written permission of Sharpe and the copyright owner. You agree that you do not acquire any ownership rights in any Sharpe Content. We do not grant you any licenses, express or implied, to the intellectual property of Sharpe or our licensors except as expressly authorized by these Terms.

Communication Services

The Sharpe Capital Site may but need not contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Sharpe has no obligation to monitor the Communication Services. However, Sharpe reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Sharpe reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Sharpe reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sharpe’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Sharpe does not control or endorse the content, messages or information found in any Communication Service and, therefore, Sharpe specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials

Sharpe does not immediately claim ownership of the materials you provide to the Sharpe Capital Site (including passwords, feedback and suggestions) or post, upload, input or submit to any Sharpe Capital Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting Sharpe, our affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submissions, as provided herein. Sharpe is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in Sharpe’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Sharpe Capital Site is controlled, operated and administered by Sharpe from our offices within the United Kingdom. If you access the Sharpe Capital Site from a location outside the UK, you are responsible for compliance with all local laws, whether in the United Kingdom or in your jurisdiction. You agree that you will not use the Sharpe Content accessed through the Sharpe Capital Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Sharpe, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Sharpe Capital Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Sharpe reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sharpe in asserting any available defenses.

Termination/access restriction

Sharpe reserves the right, in its sole discretion, to terminate your access to the Sharpe Capital Site and its related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the laws of the United Kingdom govern this agreement. Use of the Sharpe Capital Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sharpe as a result of this agreement or use of the Sharpe Capital Site. Sharpe’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sharpe’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sharpe Capital Site or information provided to or gathered by Sharpe with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sharpe with respect to the Sharpe Capital Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sharpe with respect to the Sharpe Capital Site, except for any Customer Agreement into which you enter with Sharpe. In the case of any conflict, the terms of that Customer Agreement will control. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Digital Millennium Copyright Act

If you are a copyright owner or agent thereof and believe any Content infringes upon your copyrights, you may submit a written notice pursuant to the Digital Millennium Copyright Act ("DMCA") to our copyright agent at [email protected]

In order to take action, your notice must:

Include your physical or electronic signature.

Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site. As an example, you might state that the copyrighted work that was infringed is located on Page 123 of the book "Parenting 1, 2, 3" written by John Doe, published by Rainbow Publishing in 2007, ISBN 1231231231.

Identify the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and provide information reasonably sufficient to permit us to locate the Content. For example, you might state that the Content located in paragraph 4 of message #1234 is substantially the same as what is written on Page 123 of Parenting 1, 2, 3.

Provide a way for us to contact you, such as your address, telephone number, or email address. Include in your notice the following statement: "I believe in good faith that the use of copyrighted material described in this notice was not authorized by the owner of the copyright, an agent of the owner of the copyright, or applicable law."

Include in your notice the following statement: "I swear, under penalty of perjury, that the information I have set forth in this notice is accurate, and I am either (1) the owner of the copyright; (2) someone authorized to act on behalf of the owner of the copyright; or (3) someone authorized to act on behalf of someone who holds an exclusive right to use the copyright in the manner in which it has been infringed."

We cannot take action unless you give us all required information, and you acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Please note that you can be held liable for damages (including costs and attorneys’ fees) if you wrongfully claim that Content infringes your copyright. If you are not sure whether Content infringes your copyright, you should first contact an attorney and seek legal advice.

Contact Us

Sharpe welcomes your questions or comments regarding these Terms via email at [email protected]