Welcome to SharpCar.com. These Terms of Use explain the terms and conditions governing your use of the site and any communications and transactions you undertake on or through the site. These Terms of Use constitute a binding agreement between you and Hy-Ko Products Company ("Hy-Ko"). By accessing this web site you acknowledge that you have read and understood these Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by them. 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 THESE TERMS OF USE, THEN DO NOT USE THIS WEB SITE.
The Terms of Use may be changed from time to time, and this is the notice that changes may be made. 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.
To know what privacy and security 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.sharpcar.com/privacy, which is incorporated here by reference.
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 and in its sole discretion.
In the exercise of its sole discretion, Hy-Ko may limit your access to any part of this web site without notice to you and may terminate your use of its web site at any time.
In consideration of your use of the SharpCar.com web site:
In consideration of your use of the SharpCar.com Website, you agree to:
You will receive a password and account designation upon completing the Website’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 should not share the password with others and you should not allow others to use your password. Each password is intended for use by a single individual user. Hy-Ko reserves the right to deactivate any password and cancel any registration in the event we have reason to believe that any password is being improperly shared or disclosed. You also 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. You should regularly change your password and store it only in a safe and secure location. Hy-Ko cannot and will not be liable for any loss or damage arising from your failure to comply with the recommendations contained in this paragraph or any other unsafe or insecure actions on your part.
Any dealings or communications you have through this site with any party other than Hy-Ko are solely between you and that third party. For example, certain areas and features of this sitemay allow you to conduct transactions with third parties or purchase goods or services from third parties. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL HY-KO HAVE ANY LIABILITY RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials or services provided by third parties should be forwarded directly to the third party.
Hy-Ko does not itself engage in broker services on your behalf. All brokerage services are performed by independent, local brokers/agents to which your information has been provided.
The site permits payment by credit and debit cards. Hy-Ko does not process these payments itself. Rather, credit and debit card transaction processing and payment services are provided by a third party card processing services provider. That provider is solely responsible for processing these transactions, and Hy-Ko has no responsibility or liability for any errors or omissions on the part of that provider. When you initiate a credit or debit card transaction, all steps necessary to completing that payment transaction are carried on outside of this site and through facilities and communications means outside of our control. Hy-Ko disclaims any and all liability for any damages or losses that you may incur as a result of any errors or omissions on the part of the payments services provider.
SharpCar.com offers a 7-day free trial listing. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU SHALL NOT RE-USE ANY 7-DAY FREE TRIAL CODES OR ACCESS FREE TRIALS FOR MORE THAN ONE PROPERTY LISTING. MOREOVER, YOU ALSO UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU SHALL NOT USE A FREE TRIAL MORE THAN ONCE FOR THE SAME PROPERTY. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with this Section.
The 7 day free trial listing allows the user the same privileges of the Premium package for 7 days, free of charge. After 7 days from the date the free trial listing was created, the user will automatically be billed $19, and the 7-day free trial listing becomes a Gold listing. The user will be reminded that his/her free trial is coming to an end PRIOR to being billed. If the user cancels the listing at any time during the 7 day free trial he/she will not be billed.
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.
From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by SharpCar.com, or selected advertisers or service providers. BY PURCHASING, USING, OR ENJOYING THE SERVICES AVAILABLE ON OR THROUGH SharpCar.com, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM HY-KO, ITS AFFILIATES, RELATED COMPANIES, AND ADVERTISERS. SOME ADVERTISERS MAY PREFER TO CONTACT YOU DIRECTLY, AND PURCHASING, USING, OR ENJOYING THE SERVICES ON SharpCar.com, YOU EXPRESSLY CONSENT AND OPT-IN TO HAVING THIRD PARTY ADVERTISERS CONTACT YOU.
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, and only to assist you in marketing, promoting and selling your home. 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.
SharpCar.com and the SharpCar logo are 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.
The car selling method that you access by use of this site are the subject of United States Patent No. 6,853,979. Your may not use the method except as expressly permitted by Hy-Ko through the authorized and appropriate use of this site.
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.
By posting information on this site or otherwise providing it to Hy-Ko you consent to our use of it in the manner disclosed in these Terms of Use and as described in our Privacy Policy
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, 2001-2009, 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 in writing:
If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to Patty Jones the following information in writing:
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Customers who are repeat infringers.
Customer Service can be reached via e-mail at info@sharpcar.com and by regular mail at SharpCar.com, c/o Hy-Ko Products Company, 60 Meadow Lane, Northfield, OH 44067-1415.
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. You also are prohibited from uploading or transmitting any viruses, spyware, bots, trojan horses or any other harmful or disruptive code. You may not advertise or promote the sale or provision of any goods or services other than the sale of your home or as otherwise expressly agreed to in writing by Hy-Ko. A violation of any of these terms may be referred as appropriate to law enforcement agencies.
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.
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 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 ORMERCHANTABILITY.
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 OR ANY SERVICES OFFERED ON OR THROUGH IT.
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 WEBSITE.
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.
YOU AGREE THAT ANY CLAIM, CONTROVERSY, OR DISPUTE WITH HY-KO MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED.
We reserve the right to modify or temporarily discontinue the servicesavailable on or through this site (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the “look and feel” of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be the result of a variety of causes including, without limitation, technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.
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 an agreement to that effect.
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.
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.
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.
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.
All representations and warranties made by you shall survive termination 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.
You agree that Hy-Ko, in its sole discretion, may terminate your password, account, (or any part thereof), or use of the Website, and remove and discard any content within the Website, 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 SharpCar.com Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website 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 Website. Further, you agree that Hy-Ko shall not be liable to you or any third party for any termination of your access to the Website.
Your correspondence or business dealings with, or participation or promotions of, advertisers found on or through the SharpCar.com Website, 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.
This web site is operated and managed 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 their own compliance with their local laws when using this site or any services provided on or through it.
By using this site and any services offered on or through it, you are choosing to interact with Hy-Ko, which is headquartered in and operates in the State of Ohio. Any 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 claims, proceedings or litigation concerning this web site, your use of this web site and any services offered on or through it, 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 issued by these courts.
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