Terms

Welcome to asharpeye.com (the “Website”), which is created and controlled by A Sharp Eye, LLC, a Connecticut limited liability company (“A Sharp Eye”). Please read these pages carefully before using the Website. By accessing the Website, you are accepting and agreeing to be bound by these Terms and Conditions (collectively, the “Terms”) without limitation or qualification.

If you do not wish to accept and be bound by these Terms, please do not use the Website. A Sharp Eye may at any time and from time to time modify or discontinue, temporarily or permanently, the Website (or any part or features thereof) with or without notice. Each time you log on to the Website, you will be deemed to have accepted any such changes. You agree that A Sharp Eye shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website or its services. Any new features or functionality A Sharp Eye may add to the Website shall be subject to these Terms unless A Sharp Eye explicitly states otherwise.

COPYRIGHT
It is illegal to copy anything on the Website without A Sharp Eye’s express written permission as all content included on the Website is the property of A Sharp Eye, its licensors or content suppliers, and is protected by U.S. and International copyright laws. Content includes, but is not limited to, text, graphics, logos, button icons, images, photographs, audio and video clips and software. The compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of A Sharp Eye and is protected as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content, and other elements that make up the Website are also protected copyrighted works. You agree to abide by all additional copyright notices or restrictions contained on the Website.

All title and intellectual property rights in and to the content of websites or other materials to which the Website provides a link or other reference is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. The Website is not responsible for content placed online by users of the Website, and the users hereby warrant that all content they place on the Website does not violate, infringe or misappropriate any copyright or intellectual property rights of any third party.

Any reproduction, modification, distribution, transmission, republication, display, database construction or entry, or performance of content on the Website is strictly prohibited. The only exception to the forgoing sentence is in the event you submit a written request for and A Sharp Eye grants you express written permission to the contrary. You may, however, download content from the Website for your own personal use to the extent of one print copy limited to occasional articles of personal interest only.

Neither you nor any third party shall use any content of the Website in any way that may infringe upon A Sharp Eye’s rights, including its copyright or other intellectual property rights.

RESTRICTIONS ON USE OF MATERIAL
The content on the Website is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Website for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website. By using the Website you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by any subscription form, or other communication. If any information provided by you is untrue, inaccurate, not current or incomplete, A Sharp Eye reserves the right to terminate your subscription and refuse any and all current or future use of the Website.

EXPERT ADVICE
A Sharp Eye makes available certain information provided by third parties in various professional fields. The Website does not give professional advice or in any way endorse any of said information so provided. SEE DISCLAIMERS HEREIN. Any information provided by such experts is made available solely for entertainment purposes without endorsement by A Sharp Eye, and is in no way intended as a substitute for one-on-one professional attention. Any medical or legal advice is opinion and must be verified by a professional before utilizing.

RELEASE AND INDEMNIFICATION
By using the Website, you agree to defend, indemnify, and hold harmless A Sharp Eye, its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from any and all losses, liabilities, claims, demands, actions, costs, damages, judgments and expenses (including court costs and reasonable attorneys’ fees), arising from, or in connection with, your use of the Website. A Sharp Eye reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification in accordance herewith. In such event, you agree to provide A Sharp Eye with such cooperation as it may reasonably request.

By using the Website, you also agree to release A Sharp Eye, its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind, known or unknown, direct or indirect, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising from or in any way related to such disputes and/or to the products, services, activities, or opinions with respect to the foregoing contained on the Website. You hereby waive any and all laws that may limit the efficacy of such releases.

DISCLAIMERS
THE WEBSITE, ITS CONTENT, INFORMATION AND MATERIALS ARE PRESENTED “AS-IS.” NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY A SHARP EYE, ITS AGENTS, AFFILIATES, EMPLOYEES OR OFFICERS WITH RESPECT TO THE WEBSITE, ITS CONTENT, INFORMATION, MATERIALS, GOODS, ACTIVITIES AND SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY FEDERAL, STATE AND LOCAL LAW, A SHARP EYE DISCLAIMS ALL WARRANTIES. A SHARP EYE IS NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY INJURY, LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM THE USE OF THE WEBSITE.

A SHARP EYE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED, UPLOADED OR DISTRIBUTED ON THE WEBSITE OR AVAILABLE THROUGH LINKS ON THE WEBSITE. A SHARP EYE DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM THAT MAY RESULT FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE. A SHARP EYE DOES NOT WARRANT OR GUARANTEE THE REPUTATION, QUALITY, STANDARDS, COMPETENCE, OR FITNESS OF ANY ENTITY, PRODUCT OR SERVICE LISTED OR FEATURED ON THE WEBSITE.

A SHARP EYE INTENDS TO TAKE REASONABLE EFFORTS TO PREVENT VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS FROM BEING INTRODUCED TO THE WEBSITE, HOWEVER A SHARP EYE DOES NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. A SHARP EYE IS NOT LIABLE FOR ANY DAMAGES OR HARM SUSTAINED AS A RESULT OF ANY SUCH FEATURES.

TERMINATION OF SERVICE
A Sharp Eye reserves the right at its sole discretion to refuse service, suspend, or terminate your subscription, registration, or access to the Website if it believes that you have breached these Terms, behaved in violation of applicable law, or acted in ways adverse to the interests of the Website. Any and all obligations, waivers, releases, indemnities and other consents by users under these Terms shall survive any such suspension or termination of service.

APPLICABLE LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to its conflicts of law provisions. You hereby submit, through use of the Website, to the exclusive jurisdiction of the state and federal courts located in the State of Connecticut and waive any claim of inconvenient forum, improper venue or similar claim.

ADDITIONAL MATTERS
These Terms constitute the entire agreement between you and A Sharp Eye and govern your use of the Website. In the event that the Website fails to exercise or enforce any right or provision herein contained, such forbearance shall not constitute a waiver of such right or provision. If any portion or provision of these Terms is deemed illegal, void or unenforceable by a court of competent jurisdiction, they shall be stricken and these parties agree to give effect to the remaining Terms to the full extent permissible by law. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or relating to your use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. All section titles in these Terms are provided for convenience only and shall in no way be construed to impart meaning to or affect the interpretation of these Terms.

MODIFICATIONS
A Sharp Eye may, at its sole discretion, at any time or from time to time, change, revise, or modify the Terms with or without notice to you, by updating the Terms on the Website, with such changes to apply and become effective immediately upon posting. You agree to be bound by any such change, revision, or modification, and A Sharp Eye therefore recommends that you review these Terms periodically to remain current on these Terms.

Updated 5/12/08