Terms of Use. Sharpbuys.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 Sharpbuys.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.sharpbuys.com/privacy_policy, 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 Sharpbuys.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 Sharpbuys.com web 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.

Sharpbuys and sharpbuys.com are 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 Patty Jones 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 Patty Jones the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. 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;
3. Identification of the URL or other specific location on Hy-Ko's web site where the material that you claim is infringing is located;
4. Your address, telephone number and e-mail address;
5. 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;
6. 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.

Larry Daniels 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 Sharpbuys.com web 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 Sharpbuys.com web 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 advertiserson the service.

Date of last update: April 13, 2005