SHARP DIRECT ONLINE STORE TERMS AND CONDITIONS OF USE

Welcome to the Sharp Electronics Corporation Sharp DirectSM online store (“Sharp Direct”), where you can purchase the latest Sharp products. The following terms and conditions (“Terms of Use”) govern your use of Sharp Direct, as well as any purchase you make via Sharp Direct. By using and purchasing from Sharp Direct, you agree to be bound by these Terms of Use, as well as the Sharp Direct Privacy Policy. If you do not agree, do not use and/or make purchases from Sharp Direct.

Your purchase of products and services via Sharp Direct is facilitated by a vendor independent of Sharp Electronics Corporation (“Sharp”).

Entire Agreement
These Terms of Use constitute the entire and exclusive agreement between you and Sharp concerning your use of this site and the purchase of products hereunder and supersedes 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 and any such alteration, edit, supplement or amendment shall be null and void, unless first agreed to by you and an authorized representative of Sharp in writing.

Disclaimer of Warranties/Limitation of Liability
INFORMATION OR MATERIAL ON SHARP DIRECT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.

In regard to products and/or services purchased via Sharp Direct, such products and/or services shall be subject only to the applicable manufacturer or service warranties, if any, for that product; if such a warranty is available, that warranty shall be in writing and shall accompany the product and/or service. In regard to software which may accompany a Sharp product, that warranty shall be in the license agreement for that software. For refurbished products, please click here for further information.

EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHARP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AND SHARP SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF INFORMATION OR INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE INFORMATION OR MATERIALS, EVEN IF SHARP HAS BEEN ADVISED OF THE INTENDED USE OR OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO A PORTION OF THIS EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL SHARP’S LIABILITY EXCEED THE TOTAL PRICE PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES PURCHASED. IN NO EVENT SHALL SHARP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS OR THE LIKE) OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY OR TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY CLAIM BY ANY THIRD PARTY.

Products and Services
Products and services sold through Sharp Direct are for consumer use only and are for use only in the United States. We are unable to process any orders that originate, bill outside of the United States and/or are for shipment outside of the United States. All software (including pre-loaded software contained in hardware) is provided subject to the applicable end-user license agreement. All prices are subject to change, in Sharp’s sole discretion, prior to our acceptance of your order. Sharp also may modify and/or discontinue products or services at any time and for any reason. Further, unless otherwise specified, the Sharp products available for purchase on Sharp Direct are new. Products for sale which are refurbished will be clearly marked as such. For further information on refurbished product, please click here.

Acceptance of Your Order
Any and all orders placed via Sharp Direct are subject to Sharp’s acceptance of your order, which shall be evidenced solely by shipment of your product(s). In the event only part of your order is shipped, such shipment shall constitute only partial acceptance of your order as to those particular items. If all ordered items are shipped, such shipment shall constitute full acceptance of your order.

Notwithstanding anything to the contrary set forth herein, Sharp may, in its sole discretion, reject all or any part of your order. If Sharp declines your order, whether in full or in part, we will attempt to notify you via the e-mail address you have provided with your order. Under no circumstances shall Sharp be liable for any failure to notify you of our rejection of all or any part of your order.

Tracking Your Order
Have you already placed an order? Click here to visit our Order Status page to view the status of your order.

Payment Terms; Price Confirmation
Products and services available on Sharp Direct are priced in U.S.Dollars.You may pay for your order with one of the following credit cards issued in the United States: Visa®, Mastercard®, American Express® and Discover®. Sharp does not accept cash, COD or personal checks. Your credit card will be charged as each item of your order is shipped. In the case of services, your credit card will be charged at the time your order is placed. Sharp payment terms are subject to change without notice in Sharp's sole discretion. Sharp also reserves the right to limit the quantities of products available through Sharp Direct and quantities are subject to availability. In the event of shortage, Sharp may allocate sales and deliveries in its sole discretion.

As part of processing your order from Sharp Direct, Sharp will confirm the price of each selected product or service. In the event of any pricing errors, and if the price stated on Sharp Direct is higher than the product or service’s correct price, Sharp shall charge you such lower price. However, if the price stated on Sharp Direct is lower than the correct price for the product or service, Sharp may, in its sole discretion, cancel your order. In the event Sharp proceeds to cancel your order, Sharp shall notify you of the error as well as the order cancellation; at that point you will have the opportunity to reorder the product at the correct price.

Shipping and Handling/Title and Risk of Loss
Unless otherwise noted, product prices do not include shipping and handling, or delivery inside your residence. Not all delivery options may be available in all areas. For more information on the Sharp Direct shipping policy, click here.

For products other than software, title will pass to you from Sharp upon shipment from Sharp. Title to software shall remain with the applicable licensor(s). Please note that you assume the risk of loss or damage to products in transit. Should any product damage or loss occur during transit, it is your responsibility therefore to file a claim with the carrier of your shipment.

Cancelling an Order
Prompt shipment of your order is our top priority and we strive to ship orders within one business day of submission. If your order is placed by 2pm Eastern time on a business day, your order may ship that same day.

If it is necessary to cancel your order after it has been placed, please immediately call our Sharp Direct Customer Support Center at 1-877-742-7704. If your order has not been processed for shipment, we will do our best to cancel it. If we are unable to cancel your order before shipment, you may need to return it to us. Please see our Return Policy below.

Return Policy
In the event you must return a product purchased through Sharp Direct, you may do so during the 30 day period following the date of shipment and obtain a refund of the purchase price actually paid, excluding any shipping and handling charges. If you have received damaged, defective or incorrectly shipped merchandise, please notify Customer Service as soon as possible, but no later than 30 days following shipment of your order. If you have a product you wish to return, please call Sharp’s Customer Support Center at 1-877-742-7704, or e-mail returns@sharpdirectusa.com. In order to return a product, you must obtain a return authorization number (“RMA”). RMA numbers must be clearly noted on the outside of the returned product's container. Please note that RMAs are valid for only 14 days from issuance.

All products must be returned in the original packaging, including any “overpacking” that may have been used in the original shipment. Please be sure to return all materials and components from the original packing (i.e., manuals, cables, CD-ROMs, connectors, remote controls, batteries). Shipping and handling charges are not refundable. Returns may be subject to a restocking fee and damage and/or missing part restocking fees may also apply. Unless otherwise noted, you are responsible for and must prepay all shipping and handling charges for the return shipment and you assume all risk of loss or damage to the product(s) while in transit back to Sharp. As such, Sharp enourages you to insure the product(s) during the return shipment. If you return any product to Sharp (i) without a RMA from Sharp or (ii) beyond the RMA validity period of 14 days, or (iii) without the proper packaging, Sharp, in its sole discretion, may either refuse delivery of such return or charge you a restocking fee. Please allow up to 8 weeks for Sharp to credit your account.

Sharp occasionally may offer promotional pricing on products that are dependent on certain terms of purchase. If you return a product for which you received promotional discounts, you will receive a credit for that product's return that will not exceed the promotional pricing you received at the time of purchase. If as a part of a promotion you received a second product at no cost or at a reduced price when another product was purchased, credit for the return of the first product will be reduced to factor in the savings on the second product if the second product is not returned with the first product. If all products are returned, the full purchase price will be credited.

Coupons and Promotions
During the ordering process, if you have a coupon or promotion code, please enter this code when prompted. Only one coupon per customer, unless otherwise specified in writing. Coupons are not valid in conjunction with any other coupon offer, promotion or prior purchases. Coupons and promotions are issued with expiration dates, or until inventory is depleted. Each coupon and promotion has different requirements and discounts and may have limits. Dollar-off coupons may have minimum purchase amounts. Percentage-off coupons may have maximum dollar values. All requirements must be met in order to receive your discount. Some coupons are valid only on certain products. Dollar-off or percentage-off coupons are applied to the merchandise subtotal before any shipping charges or taxes have been applied. If you cancel or return item(s), this may change or void coupon discounts applied to your order. This happens when the cancellation or return causes the merchandise subtotal (before any shipping charges or taxes have been applied) to fall below the minimum requirement. Coupons and promotions are not valid where prohibited by law.

Privacy Policy
At Sharp, we make every effort to maximize and maintain your privacy and security. The Sharp Direct Privacy Policy also governs your use and purchase from Sharp Direct and is incorporated by reference into these Terms of Use. To view the Sharp Direct Privacy Policy, click here.

Additionally, by using Sharp Direct, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to Sharp Direct may be read or intercepted by others, even if there is a special notice that a particular transmission (i.e., credit card information) is encrypted.

Accounts, Passwords and Security
Certain features or services offered on or through Sharp Direct may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for the activity of users utilizing your user name(s) and password(s), whether or not such transactions are in fact authorized by you. You agree to notify Sharp immediately of any unauthorized use of your account or password, or any other breach of security.

You may not use anyone else’s User ID, password or account at any time without the express permission and consent of the holder of that User ID, password or account. Sharp cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Other Sites
Sharp Direct may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. 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. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Recycling Fee
Effective January 1, 2005, California law requires collection of a recycling fee for laptop computers, LCD and CRT desktop monitors and TVs, and Plasma TVs. This fee is expected to cover the cost of recycling the material at the end of its life as these products have been deemed hazardous and unfit to landfill.

Taxes and Fees
Prices do not include any sales, local or other similar taxes or fees. Taxes are collected and remitted as required by law on purchases made via Sharp Direct. Where applicable, taxes and fees will be shown on and added to your invoice. All such taxes shall be paid by you. If you are eligible for tax exempt status, please call 1-877-742-7704.

Governing Law/Waiver of Jury Trial
These Terms of Use and all purchases made hereunder shall be governed by and construed under the laws of the State of New York, without regard to conflict of laws rules. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York and waive any objection to such jurisdiction or venue. Any claim 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. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS OF USE OR YOUR ORDER.

Headings
The 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 and conditions or expand, limit, define, or interpret the scope of this agreement or any provision hereof.

Waiver/Invalidity
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. If any provision of these Terms of Use are found to be invalid or unenforceable, 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.

Trademark
The trademark "Sharp" and any other product names, service names or logos of Sharp used, quoted and/or referenced on Sharp Direct are trademarks, registered trademarks, or service marks of Sharp Corporation or any of its affiliates. Other product names, service names, logos and/or company names used on Sharp Direct are the property of their respective holders and may be protected as their trademarks, registered trademarks, service marks and/or trade names.

Copyright
All of our material is copyrighted and unauthorized use of any portion of our materials is protected by all relevant copyright laws. These materials may not be copied, modified, published, transmitted, distributed or otherwise made available without our written permission.

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 the reasonable control of Sharp, 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.

Disclaimer
Sharp is not responsible for photographic, typographic or system errors.

These Terms of Use may be changed by Sharp at any time and in its sole discretion and shall be effective immediately upon posting such changes on this site.

Effective: 02/28/2008