Terms of Service

PLEASE READ THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY; INDEMNIFICATION; GOVERNING LAW; JURISDICTION; CLASS ACTION AND JURY TRIAL WAIVER; MANDATORY ARBITRATION SECTIONS BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING SHARPER MARINA, THESE TERMS, OR OUR PRIVACY POLICY, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION OR TO HAVE A TRIAL BY JURY, AND MANDATORY ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE OR USE OUR SERVICES.

This website is operated by Sharper IT Solutions, LLC doing business as Sharper Marina Management (“Sharper Marina”). Throughout this website (https://sharpermms.com/) (the “Site”), the terms “we”, “us” and “our” refer to Sharper Marina. Sharper Marina offers this Site and the ability for users to explore our Site and services, conditioned upon your acceptance, without modification, of all terms, conditions, policies and notices stated in these Sharper Marina Website Terms of Use (the “Terms”). These Terms govern your use of the Site and use our services. If you do not agree to these Terms, you must not access the Site or use our services. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

By visiting our Site, you agree to be bound by the Terms. These Terms apply to all users of the Site, including without limitation users who are visitors, browsers, partners, and/ or contributors of content.

Note that personal information that is collected on the Site and through our services is collected and handled in accordance with our Privacy Policy.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE OR ACCESS THE SITE AND TO USE OUR SERVICES. YOU MAY ONLY ACCESS AND USE THE SITE IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS.

1. General Conditions

You may use the Site, including the content on it solely for the purposes stated on the Site itself and as described in these Terms. You understand and agree that the Site is provided “as-is” and that Sharper Marina assumes no responsibility for the availability or functionality of the Site, or for the deletion, mis-delivery or failure to store any user communications or personalization settings.

2. Use of Site, Site Content, and Proprietary Rights

The Site includes a broad array of content and functionality, including providing information, services, frequently asked questions, and other resources (our “Resources”). All Resources and user interfaces, software, and other information and content, or portion or combination thereof, provided and made available by or for Sharper Marina in connection with the Site (collectively, “Site Content”) are to be used for only individual, non-commercial purposes. You agree not to use the Site for commercial purposes. We retain all of our right, title and interest in and to Site Content. This includes, but is not limited to all copyrights, trademarks, patents, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Site (other than the content of our third-party business partners who have permission to appear on the Site), and in all software that we develop in connection with the Site. Nothing on the Site shall be construed as granting any license or right to use any image, trademark, service mark or logo. Downloading, copying or printing individual pages and/or parts of the Site is allowed for personal, non-commercial use only, and will not transfer title to any software or material on the Site to you. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site without express written permission by us.

3. License from Sharper Marina

Sharper Marina grants you a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable right to access and make personal use of the Site. Explicit attribution to Sharper Marina must be made in the event that Site Content, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication or distribution of this material requires the express consent of Sharper Marina.

4. Prohibited Sites

You agree not to, directly indirectly:

a. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Site;
b. use or access the Site (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
c. use the Site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
d. reverse engineer, disassemble, decompile, modify, or translate any software or other components of the Site;
e. distribute viruses or other harmful computer code through the Site;
f. use scrapers, robots, or other data gathering devices not provided by Sharper Marina on or through the Site; regardless of the data delivery method, neither the Site nor the Site Content may be used in conjunction with a generative AI solution;
g. access or use the Site or Site Content via mechanical, programmatic, robotic, scripted or any other automated means;
h. attempt to gain unauthorized access to the Site, Site Content, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means;
i. remove or modify any proprietary notice, copyright notice, or trademark legend, author attribution, or other notice placed on or contained within any of the Site or Site Content or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Site Content;
j. upload to the Site the personal information of others that you are not authorized to provide or using the Sites to collect or track the personal information of others;
k. provide any content, data or information to Sharper Marina that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
l. use the Site or Site Content in a way that suggests you are a representative of Sharper Marina;
m. use the Site or Site Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Site or Site Content;
n. infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;
o. interfere with or disrupt the proper functioning of the Site or Site Content, Sharper Marina’s or any third party’s systems used to host the Site, or other equipment or networks used to provide the Site or Site Content;
p. communicate the Site Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Site, or any part thereof;
q. circumvent the security of the Site or any host, network, or account related thereto;
r. use any application programming interface to access the Site or Site Content;
s. fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Site or Site Content;
t. allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Sharper Marina for someone other than the individual identified in the account information;
u. access or attempt to access Site Content by any means other than through the means provided by Sharper Marina;
v. cause damage to Sharper Marina’s business, reputation, employees, members, facilities, or to any other person or legal entity;
w. otherwise use the Site or Site Content in any manner that exceeds the scope of use granted above; or
x. attempt to do any of the acts described in this Section 4, or assist or permit any person in engaging in any of the acts described in this Section 4.

Any use which violates these Terms, gives Sharper Marina the right (without notice or liability) to revoke the aforementioned license or to refuse, restrict, terminate or discontinue your access to the Site or Site Content (or any portions, components, or features thereof). We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site.

5. Account Registration and Use

When you use your account on the Site, you will be required to verify your email address and select password.

You are responsible for safeguarding your account information, including your password for your account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify Sharper Marina of any unauthorized use of your password. Sharper Marina’s customers are the sole creators of their accounts and Sharper Marina may not independently verify the information provided. Sharper Marina’s customer are also the sole administrators of their accounts and may terminate your account at their sole discretion. We may also terminate your account if you violate these Terms or any other agreement with us.

We strongly recommend that you do not divulge your password to anyone and that you update your credentials on a regular basis. Exercise the utmost personal security in how you handle your password. Sharper Marina will never ask for your password in an unsolicited phone call or unsolicited email.

6. Accuracy, Completeness and Timeliness of Information on the Site

Although Sharper Marina attempts to provide accurate descriptions and other information, we are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Also, the Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

7. Third-Party Links

Certain content and services available via our Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such linked materials and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

8. Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Site for indefinite periods of time or shut down the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk.

We do not guarantee or warrant the security of your information or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law.

THE SITE, SITE CONTENT, AND ALL SERVICES DELIVERED TO YOU THROUGH THE SITE ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, AND WE HEREBY DISCLAIM ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. SHARPER MARINA DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR SITE CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO CASE SHALL SHARPER MARINA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE OR OUR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL SHARPER MARINA BE LIABLE, UNDER ANY LEGAL THEORY (CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, OR OTHERWISE) UNDER THESE TERMS OR OTHERWISE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100). SUCH LIMITATION SHALL EXTEND TO ALL LIABILITY OR POTENTIAL LIABILITY, INCLUDING FOR PERSONAL INJURY OR WRONGFUL DEATH.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Indemnification

You agree to indemnify, defend and hold harmless Sharper Marina and its subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (a) your violation of these Terms, the documents they incorporate by reference, or any applicable law, (b) your violation of the rights of a third party, (c) your access to or use of the Site, (d) any dispute or issue between you and any third party concerning the Site; and (e) all claims pertaining to the Site or your use of the Site or Site Content that arise from or allege negligence, fraud, or intentional misconduct committed by you. Without limiting the foregoing, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

10. Governing Law; Jurisdiction; Class Action and Jury Trial Waiver; Mandatory Arbitration

EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN TENNESSEE IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON-CONVENIENS OR OTHER REASON.

The terms of this section apply to all disputes, even if the actions or relationship giving rise to such disputes occurred prior to this version of the Terms (or such modification). However, the provisions of this section do not apply to any dispute as to which you have personally initiated a lawsuit or arbitration prior to agreeing to these Terms.

We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of our Site or Site Content. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations as described below, which shall be a precondition to you initiating a lawsuit or arbitration against us (“Informal Dispute Resolution Process”). If you have a dispute with us, you must send an individualized, written notice describing the dispute to us via email to [email protected]. If we have a dispute with you, we will send a written notice to you using the contact information we have for you.

Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any dispute covered by these Terms. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Process required by this section.

Any matter or dispute relating in any way to your use of the Site, Site Content, or these Terms, which is not so resolved within 60 days of the opposing party receiving the notice shall be submitted to binding confidential arbitration as provided below.

Failure to complete the Informal Dispute Resolution Process is grounds for dismissal of any arbitration, described below. If a party brings an arbitration as described below without following the Informal Dispute Resolution Process, the arbitration shall be dismissed and such party is required to pay any reasonable costs and fees of the other party.

Excluding claims by us for injunctive or other non-monetary relief, any claims related to the Site or Site Content and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application, or termination of these Terms, shall be brought on an individual basis and shall be resolved by final and binding arbitration before an arbitrator mutually selected by the parties. The arbitrator must have experience with the subject matter of the dispute, and be a former federal or state court judge. The parties intend the Federal Arbitration Act (“FAA”) to apply to ensure enforcement of this arbitration agreement.

The parties will meet and confer in good faith to select an arbitrator. For purposes of this section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms. If, after 60 days of good faith meet and confer efforts, the parties are unable to agree on an arbitrator, either party may petition the courts of Tennessee or the United States District Court for the Middle District of Tennessee to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties.

The arbitration shall be governed by the JAMS Inc. Streamlined Arbitration Rules and Procedures. The selection of the JAMS Streamlined Arbitration Rules and Procedures does not mean that the arbitration will be administered by JAMS.

The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

The arbitration shall take place in Tennessee or at the option of the party seeking relief, online, by telephone, via written submissions alone or in your state of residence if requested. If the party seeking arbitration fails to appear at the administrative conference regardless of whether such party’s counsel attends, the arbitrator will administratively close the arbitration proceeding without prejudice, unless such party shows good cause as to why they were not able to attend the conference. You and we agree that the party initiating arbitration must submit a certification to the arbitrator that they have complied with and completed the Informal Dispute Resolution Process requirements referenced above and that they are a party to the arbitration agreement enclosed with or attached to the demand for arbitration. The arbitrator is authorized to impose any sanctions under the JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel. Except as expressly provided in this arbitration agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

If the arbitrator finds that the costs and fees of an arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous, brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or asserted in bad faith. If we initiate an arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law). Except as provided herein, the parties shall bear their own attorneys’ fees and costs in any arbitration.

INDEPENDENT OF ANY AGREEMENT TO ARBITRATE, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. Additionally, in any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to reasonable attorneys’ fees, court costs, and disbursements.

11. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Control of the Site; Modification of Terms, Termination

We reserve the right at any time to modify or discontinue the Site or Site Content (or any part or content thereof) without notice at any time. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site (or any part thereof).

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies any user rights or obligations, we will endeavor to post notice of the modification on the Site for a reasonable period of time. Any disputes concerning or related to the Site will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

13. Entire Agreement

The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the site or in respect to the Site constitutes the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

14. Contact Information

The Site is offered by Sharper IT Solutions, LLC doing business as Sharper Marina Management. You may contact us by emailing us at [email protected]. You may also contact us by writing to:

Sharper IT Solutions, LLC doing business as Sharper Marina Management, 102 Waxhaw Professional Park Dr, Waxhaw, NC 28173

Last updated: August 8, 2024

‍