Terms of Use. Sharpsales.com is committed to protecting
your online privacy while you use the services provided on our web
site. We urge you to read this privacy policy in its entirety so
that you will understand all of the practices and procedures that
we use relating to your online privacy
Acceptance of Terms. Welcome
to Sharprent.com. This web page details the terms of a legal agreement
(the "Terms of Use") between
you and Hy-Ko Products Company ("Hy-Ko"). By accessing
this web site you acknowledge that you have read and understood the
Terms of Use and, having read and understood the Terms of Use, you
voluntarily agree to be bound by the Terms of Use. You also agree
to comply with all laws and regulations applicable to the use of
the web site, to the use of the Internet, and to the activities involved
in using this web site.
IF YOU DO NOT AGREE WITH THE TERMS OF USE,
THEN DO NOT USE THIS WEB SITE.
Change of Terms. The Terms of Use
may be changed without notice. Your continued access of this web
site after the Terms of Use are changed indicates your acceptance
of the new Terms of Use. If you do not agree with the new Terms
of Use, then discontinue your use of this web site.
Situs. This web
site is controlled by Hy-Ko from its offices within Ohio. Visitors
who choose to visit this web site from other jurisdictions do so
on their own initiative. Those visitors are solely responsible
for compliance with their local laws.
Venue and Jurisdiction. Claims
relating to this web site, to the use of this web site, and to
the information, content, material, and services available through
this web site are governed by the laws of Ohio. You hereby unconditionally,
voluntarily, and irrevocably consent to submit to the exclusive
jurisdiction and venue of the Cuyahoga County, Ohio, Court of Common
Pleas or the United States District Court for the Northern District
of Ohio, Eastern Division, for any litigation concerning this web
site, your use of this web site and any information received
through this web site. You agree not to plead forum non conveniens
in any such action. You consent to service of process.
Privacy. To know what
privacy measures Hy-Ko has taken and what information we retain from
your visit to Hy-Ko's web site, please read our web site Privacy
Statement available at www.Sharprent.com/privacy.asp,
which is incorporated here by reference.
Alteration of Site. Hy-Ko
may change, suspend or discontinue any feature, aspect, product
or service available through this web site at any time. Hy-Ko
may alter the availability of any feature of this web site or service
related to any feature of this web site at any time.
Hy-Ko may add, remove or modify any content of this web site,
including that of third parties, at any time.
Limitation
on Usage. Hy-Ko may limit your access to any part of this web site
without notice to you. Hy-Ko may terminate your use of its web
site at any time.
Visitor On-line Conduct. In consideration
of your use of the Sharpsales.com web site:
- You agree to use this web
site only for lawful purposes.
- You agree to use this web site
only for its intended purposes.
- Hy-Ko reserves the right to prohibit
any conduct involving this web site that it deems to be inappropriate.
- You
agree not to disrupt this web site.
- You agree not to interfere
with or compromise the security of this web site, or any computer,
server, account, network, data, software and/or hardware associated
with this web site.
- You agree not to disrupt or interfere with
any other visitor's use of this web site.
- You agree not to attempt
to obtain access to any portion of this web site, any computer,
server, account, network, software and/or hardware associated
with the web site, from which you are restricted.
- You agree that
you are solely responsible for any actions you undertake while
visiting this web site and that you will comply with all applicable
local, state, national and international laws and regulations
applicable to this web site and the Internet, including United
States copyright and export regulations.
- You
warrant that all information you provide to gain access to
the services provided by this web site is accurate and truthful.
Your
Registration Obligations. In consideration of your use of the Sharpsales.comweb
site, you agree to: (a) provide true, accurate, current, and complete
information about yourself as prompted by the web site's Registration
Form(s), and (b) maintain and promptly update the registration
information to keep it true, accurate, current, and complete. If
you provide any information that is untrue, inaccurate, not current,
or incomplete, or Hy-Ko has reasonable grounds to suspect that
such information is untrue, inaccurate, not current, or incomplete,
Hy-Ko has the right to suspend or terminate your account and refuse
any and all current or future use of the web site (or any portion
thereof).
Member Account, Password and Security. You will receive
a password and account designation upon completing the web site's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree
to (a) immediately notify Hy-Ko of any unauthorized use of your
password or account and any other breach of security, and (b)
ensure that you exit from your account at the end of each session.
Hy-Ko cannot and will not be liable for any loss or damage arising
from your failure to comply with this section.
Links To and From
Other Web Pages. You may gain access to other web sites
via links on this web site. These Terms of Use apply to Hy-Ko's
web site and do not apply to other parties' web sites. Similarly,
you may have come to this web site via a link from another web
site. The terms of use of other web sites do not apply to this
web site. Only these Terms of Use apply to this Web site. Hy-Ko
assumes no responsibility for any terms of use or material outside
this web site accessed via any link.
Links to third party web sites
or information are not intended to constitute, and should not
be interpreted by readers, as constituting or implying Hy-Ko's endorsement,
sponsorship or recommendation of the third party information,
products or services found there.
Copyright,
Trademark and Intellectual Property. All information, content and
material ("Content") made available by Hy-Ko
through this web site is owned by or licensed to Hy-Ko.
Hy-Ko and its licensors retain all rights in this Content.
All Content, including, but not limited to the web site
design, text, drawings, photographs, graphics, sound recordings
and video recordings are protected by copyrights owned
by Hy-Ko and its licensors. The Content and any and all
such copyrighted material may not be modified, copied,
distributed, downloaded, displayed, e-mailed, transmitted
or sold in any form or by any means, in whole or in part,
without the prior written consent of the respective copyright
owner.
Hy-Ko grants you permission to display, copy, distribute, print
and/or download, the Content on this web site for
your personal, non-commercial use only. If you display, copy, distribute,
print and/or download the Content on this web site, then
you may not modify that Content and you must retain all copyright and
other proprietary notices contained in the Content.
The permission granted herein terminates automatically
if you breach these terms or conditions. Upon termination
of the permission, you must immediately destroy any Content
you displayed, copied, distributed, printed and/or downloaded.
Sharprent and sharpsales.comare either registered trademarks,
trademarks, trade names, service marks, or otherwise
protected property of Hy-Ko and may not be used, copied or imitated
without the prior written consent of Hy-Ko.
Hy-Ko's intellectual property may not be used in connection
with any service or information that is not Hy-Ko's. Hy-Ko's
intellectual property may not be used in any manner that is
likely to cause confusion among consumers or in any manner
that disparages Hy-Ko. Other trademarks, trade names, company
names, service marks and otherwise protected property displayed
on this web site are the property of their respective owners
and are subject to the terms and conditions applied by those
owners to their intellectual property.
The compilation of the Content on this web site is the exclusive
property of Hy-Ko and is protected by U.S. and international
copyright law.
You may not mirror any Content contained in this web
site on any other web site or server.
Digital Millenium Copyright Act, Transmission
of Third Party Content. You may not upload, post or otherwise
distribute on this web site anything protected by copyright or
other proprietary rights unless the owner of the applicable copyright
or proprietary right has given you express authorization for such uploading,
posting or distribution on the web.
Anything for which
permission has been granted to upload, post or otherwise distribute
must contain the notice "Copyright,
2004, Hy-Ko Products Company used by express
permission."
The unauthorized use, uploading, posting, and/or
distribution of Content protected by copyright or
other proprietary rights is illegal and may subject
the malfeasant to civil penalties and criminal prosecution.
Hy-Ko, its affiliates,
officers directors, employees, agents or any such similarly situated
persons or entities are not liable for damages resulting from any
infringement resulting from your actions involving copyrighted
or proprietary right protected material.
Hy-Ko, pursuant to the Digital
Millennium Copyright Act of 1998, designates Larry
Daniels to receive complaints and notices of suspected copyright infringements.
If you believe that your work
has been copied and is accessible on Hy-Ko's web site in a way
that constitutes infringement, you may notify Hy-Ko by providing
Larry
Daniels the following information:
- An
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright
interest;
- A description of the copyrighted work that you claim
has been infringed, including the URL (i.e. web
page address) of the location where the copyrighted work exists or a copy
of the copyrighted work;
- Identification of the URL or other
specific location on Hy-Ko's web site where the material that
you claim is infringing is located;
- Your address, telephone number
and e-mail address;
- A statement by you that you have a good faith
belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
- A statement by
you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner
or are authorized to act on the copyright owner's behalf.
- Patty Jones can be reached via e-mail at pjones@sharpsales.com and by regular mail
at Patty Jones, c/o Hy-Ko Products Company, 60 Meadow Lane,
Northfield, OH 44067
You
are prohibited from uploading, posting or otherwise distributing
on this web site any unlawful, threatening,
obscene, pornographic, intimidating,
libelous, defamatory or slanderous
comments, jokes, images or content
that are intended to or are likely
to offend a reasonable person on the
basis of his or her age, physical or
mental disability, gender, race, religion,
national origin, physical attributes, sexual
preference, or any other classification that
could produce any civil or criminal liability
for either yourself or for Hy-Ko, its affiliates,
employees, agents or any such similarly situated
persons or entities.
Ownership of Third Party Content. Hy-Ko may display Content
supplied by visitors and other third parties on
its web site. Hy-Ko contains no editorial control over this Content. The
Content supplied by visitors and other third parties belongs to
the respective owners of that Content.
HY-KO, ITS AFFILIATES, EMPLOYEES,
AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES ("WE")
DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE
OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED
BY VISITORS OR THIRD PARTIES.
We shall not, under any circumstances, be liable
for any loss, damage or harm caused by your or anyone else's reliance
on Content available on this web site that is the property
of visitors or third parties. You are solely responsible
for evaluating and acting on any Content available on this
web site.
DISCLAIMERS. THIS WEB SITE IS PROVIDED "AS-IS" AND "AS-AVAILABLE".
HY-KO MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE
OPERATION OF THIS WEB SITE, THE CONTENT, INFORMATION, AND/OR
SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE.
YOU AGREE TO VISIT
THIS WEB SITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE
OF THIS WEB SITE, AND ANY CONTENT, INFORMATION
AND/OR SERVICES AVAILABLE THROUGH THIS
WEB SITE ARE SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ALL
TIMES OR THAT A VISITOR'S USE WILL
BE CONTINUOUS AND/OR ERROR FREE.
WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION
AND/OR SERVICES AVAILABLE THROUGH THIS WEB SITE ARE
ACCURATE, RELIABLE, OR CURRENT.
HY-KO DISCLAIMS, TO THE MAXIMUM EXTENT
PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE AND IMPLIED WARRANTIES OR MERCHANTABILITY.
LIMITATION
OF LIABILITY. HY-KO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE
AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEB SITE.
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING
THIS WEB SITE, SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES
FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL
DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION
OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL,
ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR
DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS
WEB SITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS
OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT,
UNAUTHORIZED ACCESS, HY-KO'S NEGLIGENCE, USER FRAUD, OR YOUR
OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF HY-KO
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE
THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES
AVAILABLE THROUGH THIS WEB SITE.
IN ANY JURISDICTION WHERE EXCLUSION OR
LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED,
HY-KO'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT
JURISDICTION.
No Joint Venture. This Agreement provides only for the use
of this web site. This Agreement shall not be
construed as a teaming, joint venture, or other such arrangement,
unless the parties expressly and explicitly execute anagreement
to that effect.
Indemnity. You agree to indemnify Hy-Ko
and its subsidiaries, affiliates, officers, agents, co-branders,
or other partners, and employees, for any damages, losses, costs,
or expenses that Hy-Ko may incur as a result of your use of this
web site. You also agree to indemnify Hy-Ko from any damages, losses,
costs or expenses that Hy-Ko may incur as a result of your providing
inaccurate or untruthful information to gain access to the
services provided through this web site.
Hold Harmless. You agree to hold
Hy-Ko and its subsidiaries, affiliates, officers, agents, co-branders,
or other partners, and employees, harmless for any damages,
losses, costs, or expenses that you may incur as a result of your use
of this web site or your use of the Content, information
and/or services available through this web site.
Severability. If
any provision of these Terms of Use is held invalid or unenforceable
in whole or in part in any jurisdiction, that provision shall be
ineffective in that jurisdiction without affecting the validity
of enforceability of the remaining provisions of these
Terms of Use.
Integration Clause. You hereby acknowledge that
these Terms of Use, including all documents referenced
herein, represent the entire understanding between
you and Hy-Ko concerning your use of this web site,
and the Content, information and services available
on this web site.
Survivability. All representations and warranties made
by you shall survive termination of the Terms of Use.
Headings
of the Terms of Use. The section headings used in this Terms of Use are
for reference and the convenience of the readers and shall not constitute
part of the Terms of Use for interpretation purposes.
Termination. You
agree that Hy-Ko, in its sole discretion, may terminate your password,
account, (or any part thereof), or use of the web site,
and remove and discard any content within the web
site, for any reason, including, without limitation,
failure to provide accurate and truthful information, for lack
of use, or if Hy-Ko believes that you have violated or acted
inconsistently with the terms of use. Hy-Ko may also in its
sole discretion and at any time discontinue providing the Sharpsales.comweb
site, or any part thereof, with or without notice. You agree
that any termination of your access to the web site under any
provision of this terms of use may be effected without prior
notice, and acknowledge and agree that Hy-Ko may immediately
deactivate or delete your account and all related information
and files in your account and/or bar any further access to
such files or the web site. Further, you agree that Hy-Ko shall
not be liable to you or any third party for any termination
of your access to the web site.
Dealing with Advertisers. Your correspondence
or business dealings with, or participation or
promotions of, advertisers found on or through the Sharpsales.comweb
site, including payment and delivery of related goods or services,
and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such
advertiser. You agree that Hy-Ko shall not be responsible or liable
for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such
advertisers on the service.
Date of last update: April 13, 2005 |