SHARP ATTIRE CORP TERMS AND CONDITIONS OF USE

Date of last revision: January 2021

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY SHARP ATTIRE PLATFORM.

Terms below pertain to SHARP ATTIRE CORP’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.

These Terms create a legally binding agreement between you and SHARP ATTIRE CORP and its affiliates (which we may refer to as “SHARP ATTIRE,” “we,” “us,” or “our”) regarding your use of the Platform.

Our Terms May Change. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.

LICENSE AND ACCESS

Subject to your full compliance with these Terms of Use and any applicable Service Terms, and your payment of any applicable fees, Sharp Attire grants you a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable license to access and make personal, non-commercial use of the Sharp Attire Platform. For SharpAttire.com specifically, the license to access SharpAttire.com is solely for the purpose of shopping for items for personal use sold on SharpAttire.com and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance and in our sole discretion. The license granted herein does not include: any resale or commercial use of any Sharp Attire Platform, or its contents; any collection or use of any product listings, descriptions, images, or prices; any derivative use of any Sharp Attire Platform or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots (bots), or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Sharp Attire or its licensors, suppliers, publishers, rightsholders, or other content providers. No Sharp Attire Platform, nor any part of any Sharp Attire Platform, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sharp Attire. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sharp Attire without express written consent. You may not use any meta tags or any other "hidden text" utilizing Sharp Attire’ name or trademarks without the express written consent of Sharp Attire. Sharp Attire reserves the right to refuse service, terminate accounts, and/or cancel orders in our sole discretion, including, without limitation, if we believe that customer conduct violates these Conditions of Use, applicable law, or is harmful to our interests. In other words, you may not misuse Sharp Attire Platform.

REVIEWS AND COMMENTS

If allowed by Sharp Attire, you may, as applicable, post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other material or information (collectively, "Content"), so long as the Content complies with our Community Guidelines and is not otherwise illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.

If you do post or submit Content, and unless we indicate otherwise, you grant Sharp Attire a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant Sharp Attire and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you submit; that the Content is accurate and will not cause injury to any person or entity; and that you will indemnify Sharp Attire for all claims resulting from Content you supply. Sharp Attire has the right but not the obligation to monitor, edit or remove any activity or Content. Sharp Attire takes no responsibility and assumes no liability for any Content posted by you or any third party and may not review posted Content.

YOUR ACCOUNT

You may need your own Sharp Attire account to use the Sharp Attire Platform, and you may be required to be logged in to the account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You shall immediately notify us of any actual or suspected unauthorized use of your password or Sharp Attire account. We have no obligation to investigate the authorization or source of any such access or use of Sharp Attire Platform. Sharp Attire does not sell products or services to children, but we do sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sharp Attire Platform only with involvement and permission of a parent or guardian. Sharp Attire reserves the right to refuse service, terminate accounts, terminate your rights to use the Sharp Attire Platform, remove or edit content, or cancel orders in its sole discretion.

Inform SHARP ATTIRE immediately of any unauthorized use of your SHARP ATTIRE account. You are responsible for anything that happens through your SHARP ATTIRE account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SHARP ATTIRE IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

ELECTRONIC COMMUNICATIONS

When you use the Sharp Attire Platform, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including marketing communications, unless you have opted-out where applicable) from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

COPYRIGHT & TRADEMARKS

All content included in or made available through any Sharp Attire Platform, such as text, graphics, logos, button icons, images, audio, video, and software is the property of Sharp Attire or its content suppliers; and the compilation of all content included in or made available through any Sharp Attire Platform is the exclusive property of Sharp Attire and is protected by United States and international copyright laws, as applicable. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Sharp Attire Platform are trademarks or trade dress of Sharp Attire in the U.S. and other countries. The use of any of our intellectual property without our express written consent is strictly prohibited. Sharp Attire’ trademarks, trade dress and other intellectual property may not be used in connection with any product or service that is not Sharp Attire’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sharp Attire. All other trademarks not owned by Sharp Attire that appear in any Sharp Attire Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sharp Attire. You may not use any of our trademarks or service marks in meta tags without our prior explicit consent.

INFRINGMENT COMPLAINTS

We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us through the Contact Us link at the bottom of the page.

PRIVACY

Please review our Privacy Notice, which explains our practices and also governs your use of Sharp Attire Platform. Our Privacy Notice is available here.

RISK OF LOSS, RETURNS/REFUNDS & TITLE

The risk of loss and title for items purchased by you from Sharp Attire pass to you upon our delivery of the items to the carrier. Conversely, we do not take title to returned items until the item is received at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. You are responsible for reviewing the contents of your returns prior to shipment back to us. We are not responsible for any additional items that might accompany your returned items. Any such items are subject to destruction, and we have no obligation to return them to you. For more information about refunds and returns, please see our Shipping & Return Policy.

PRODUCT DESCRIPTIONS, TYPOGRAPHICAL ERRORS, & SITE CONTENT

Sharp Attire attempts to be as accurate as possible. However, Sharp Attire does not warrant that product descriptions or other content of Sharp Attire’s Platform is 100% accurate, complete, reliable, current, or error-free. If a product offered by Sharp Attire is not as described, your sole remedy against us is to return it in unused condition and request a refund for such item.

In the event a product or service is listed at an incorrect price or with incorrect information (due to typographical error or error in pricing or product information received from our suppliers), we shall have the right to refuse or cancel any orders placed for such product or service. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.

Content provided on Sharp Attire.com is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health-related condition or before engaging in any physical activity using our products or services. User submissions or opinions expressed on Sharp Attire Services are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on Sharp Attire.com are that of the vendor and are not made by us, unless otherwise noted.

Our websites may contain links or ads to other sites that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of, or content located on or through, any such site, and the inclusion of third-party sites does not imply endorsement by Sharp Attire.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your permissions granted under these Conditions of Use. Upon such termination or revocation, you shall immediately cease all access to and use the Sharp Attire Platform, and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of Sharp Attire.com or any other Sharp Attire website in whole or in part. Any termination of these Conditions of Use shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

DISCLAIMER AND LIMITATION OF LIABILITY

SHARP ATTIRE PLATFORM AND SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SHARP ATTIRE THE PLATFORM ARE PROVIDED BY SHARP ATTIRE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHARP ATTIRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SHARP ATTIRE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SHARP ATTIRE PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SHARP ATTIRE PLATFORM IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SHARP ATTIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DATA ACCURACY, DATA SECURITY, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHARP ATTIRE.COM MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. SHARP ATTIRE DOES NOT WARRANT THAT SHARP ATTIRE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SHARP ATTIRE PLATFORM, SHARP ATTIRE’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SHARP ATTIRE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SHARP ATTIRE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SHARP ATTIRE PLATFORM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SHARP ATTIRE PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AMOUNT YOU PAID US FOR THE APPLICABLE PRODUCT OR SERVICE.

DISPUTES, REMEDIES & APPLICABLE LAW

Any dispute or claim relating in any way to your use of the Sharp Attire Platform, or to any products or services sold or distributed by Sharp Attire or through Sharp Attire.com or any other Sharp Attire website will be resolved by binding arbitration, rather than in court. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Louisiana (without regard to principles of conflict of laws), will govern these Conditions of Use and any dispute of any sort that might arise between you and Sharp Attire.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim 1503 North Highway 190 Suite 6, Covington, Louisiana 70433 ATTN Arbitration Request. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The AAA's rules will govern payment of all filing, administration and arbitrator fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Covington, Louisiana or at another mutually agreed location.

You and Sharp Attire both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Sharp Attire each respectively waive any right to a jury trial. You and Sharp Attire also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY

SHARP ATTIRE may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.

SHARP ATTIRE’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or SHARP ATTIRE’s rights. Users should always assume these Terms apply.

If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

OUR ADDRESS

Sharp Attire, 1503 North Highway 190 Suite 6, Covington, LA 70433