privacy while you use the services provided on our website. We urge you to read
practices and procedures that we use relating to your online privacy.
Acceptance of Terms. Welcome to Hy-Ko.com. This Web page
Hy-Ko Products Company (“Hy-Ko”). By accessing this website, you acknowledge that you’ve read and
with the laws and regulations applicable to the use of the website, to the use
of the Internet, and to the activities involved in using this website.
Situs. This website is controlled by Hy-Ko from its offices in
Ohio. Visitors who choose to visit this website 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 website, to the
use of this website, and to the information, content, material, and services
available through this website 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 website , your use of this
website and any information received through this website. You agree not to
plead forum non conveniens in any such action. You consent to service of
Privacy. To know what privacy measures Hy-Ko has taken and what
information we retain from your visit to Hy-Ko’s website, please read our
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 website at any
time. Hy-Ko may alter the availability of any feature of this website or
service related to any feature of this website at any time.
Hy-Ko may add, remove or modify any content on this website, including that of
third parties, at any time.
Limitation of Usage. Hy-Ko may limit your access to any part of
this website without notice to you. Hy-Ko may terminate your use of its website
at any time.
Visitor On-line Conduct. In consideration of your use of the
You agree to use this website only for lawful purposes
You agree to use this website only for its intended purposes
Hy-Ko reserves the right to prohibit any conduct involving this website that it
deems to be inappropriate.
You agree not to disrupt this website.
You agree not to interfere with or compromise the security of this website, or
any computer, server, account, network, data, software and/or hardware
associated with this website.
You agree not to disrupt or interfere with any other visitor’s use of this
You agree not to attempt to obtain access to any protion of this website, any
computer, server, account, network, software and/or hardware associated with
the website, from which you are restricted.
You agree that you are solely responsible for any actions you undertake while
visiting this website and that you will comply with all applicable local,
state, national and international laws and regulations applicable to this
website and the Internet, including United States copyright and export
You warrant that all information you provide to gain access to the services
provided by this website is accurate and truthful.
Links To and From Other Web Pages. You may gain access to other
and do not apply to other parties’ websites. Similarly, you may have to come to
website accessed via any link.
Links to third party websites 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 and its
licensors retain all rights in this Content.
All Content, including, but not limited to the website design, text, drawings,
photographs, graphics, sound recordings and video recordings are protected by
copyrights owned by Hy-Ko and its licensors.
Hy-Ko and Hy-Ko.com are either registered trademarks, trademark names, service
marks, or otherwise protected property of Hy-Ko and may not be used, copies or
imitated without prior written consent by 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 website 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 website 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 website on any other website or
Digital Millenium Copyright Act, Transmission of Third Party Content. You may
not upload, post or otherwise distribute on this website anything protected by
copyright or other 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 2005, 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
at Hy-Ko’s website in a way that constitutes infringement, you may notify Hy-Ko
providing Patty Jones 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 website 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 copyright owner or are authorized
to act on the copyright owner’s behalf.
Patty Jones can be reached via e-mail at firstname.lastname@example.org
and by regular mail at Patty Jones, c/o Hy-Ko Products Company, 60 Meadow Lane,
Northfield, Ohio 44067-1415.
You are prohibited from uploading, posting or otherwise distributing on this
website 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 classification that
could produce civil or criminal liability for either yourself or for Hy-Ko, its
affiliates, employees, agents or any such similarly situated persons or
Ownership of Third Party Content. Hy-Ko may display Content
supplied by other third parties on its website. Hy-Ko contains no editorial
over this Content. The Content supplied by other third parties belongs to the
respective owners of that Content.
HY-KO, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS
ORE ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR
EXISTENCE OF ANY CONTENT SUPPLIED BY THIRD PARTIES.
WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF
ANY CONTENT SUPPLIED BY 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 website
that is the property of third parties. You are solely responsible for
evaluating and acting on any Content available on this website.
DISCLAIMERS. THIS WEBSITE IS PROVIDE “AS-IS” AND “AS-AVAILABLE”. HY-KO MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND , EXPRESS OR IMPLIED, CONCERNING THE
OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE
OR THROUGH THIS WEBSITE.
YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE
OF THIS WEBSITE, AND ANY CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE
THROUGH THIS WEBSITE ARE SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THIS WEBSITE 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 WEBSITE 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 OR 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 SITE.
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING,
HOSTING, MAINTAINING AND/OR UPDATING THE WEBSITE 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, VIRUSED, AND/OR DELAYS, THAT RESULT IN YOUR USE OF OR
INABILITY TO USE THIS WEBSITE, 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 CAURSE, EVEN IF HY-KO HAS 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.
No Joint Venture. This agreement provides only for the use of
the website. This Agreement shall not be construed as a teaming, joint venture,
or other arrangement, unless the parties expressly and explicitly execute an
agreement to that effect.
Indemnity. You agree to indemnify Hy-Ko and its subsidiaries,
affiliates, officers, agents, co-branders, or other partners, and employees,
for an y damages, costs, or expensed that Hy-Ko may incur as a result of your
providing inaccurate or untruthful information to gain access to the services
provided through this 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 website or your use of the Content, information
and/or services available through this website.
invalid or unenforceable in whole or in part in any jurisdiction, that
provision shall be ineffective in that jurisdiction without affecting the
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 website , and
the Content, information and services available on this website.
Survivability. All representations and warranties made by you
Termination. You agree that Hy-Ko, in its sole discretion, may
terminate your 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
in its sole discretion and at any time discontinue providing the Hy-Ko.com
website, or any part thereof, with or without notice. You agree that any
termination of your access to the webstie under any provision of the terms of
use may be effected without prior notice, and acknowledge and agre, that Hy-Ko
may immediately deactivate or delete all related information and/or bar any
further access to such files on 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.
Dealing with Advertisers. Your correspondence or business
dealings with, or participation or promotions of, advertisers found on or
through the Hy-Ko.com website, including payment and delivery of related goods
and 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: January 19, 2005.