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Welcome to OELER.COM. Your use of OELER.COM is expressly
conditioned on your acceptance of the following Terms
of Use (the "Terms of Use"). These Terms of
Use set forth the terms and conditions which apply to
your use of the OELER.COM Web site, the content displayed
on the Web site, and any OELER.COM authored Web sites.
By using this site, you agree to abide by these Terms
of Use. OELER.COM reserves the right to modify these
Terms of Use at any time. If you do not comply with
these Terms of Use at all times when using this site,
OELER.COM reserves the right to deny or restrict your
access to this site. The terms and conditions of these
Terms of Use shall apply regardless of the means by
which the OELER.COM Web site was accessed, including,
but not limited to, through the URL address, electronic
mail, or links from other sites.
1. USE OF OELER.COM
You agree to use OELER.COM only for purposes that are
lawful in every country and jurisdiction in the world
and all subdivisions thereof. OELER.COM neither endorses
the contents of any User communications nor assumes
responsibility for any unlawful, harassing, libelous,
defamatory, abusive, threatening, harmful, vulgar, obscene,
indecent, lewd, lascivious, filthy, excessively violent,
offensive, or otherwise objectionable material contained
therein, any infringement of third party intellectual
property rights arising therefrom, or any crime facilitated
thereby.
Any attempt to gain unauthorized access to OELER.COM's
computer systems is prohibited. Not all areas of OELER.COM
may be available to you. You shall not interfere with
any other User's use and enjoyment of OELER.COM or another
entity's use and enjoyment of similar services.
OELER.COM may terminate any and all information, communication(s),
and/or posting(s), at any time, without notice, for
conduct that violates these Terms of Use or other policies
or guidelines set out by OELER.COM elsewhere on this
Web site. OELER.COM may delete any and all information,
communication(s), and/or posting(s) for online conduct
that OELER.COM believes is harmful to other Users, the
business of OELER.COM, its affiliates, or other third-party
information providers.
2. USE OF CONTENT PROHIBITED
OELER.COM prohibits the use, copying, distribution,
transmission, display, performance and exploitation
in any form or manner of any and all copyrighted or
trademarked content on this Web site (which includes,
without limitation, any and all articles, text, graphics,
logos, advertisements, video clips, music clips, still
photographs and software)(collectively, "Content")
without OELER.COM's express prior written consent.
3. OELER.COM TRADEMARKS
The OELER.COM name and logo, www.OELER.COM are trademarks
and may not be used or copied in any manner without
the express prior written consent of OELER.COM. All
other trademarks appearing on this Web site are the
trademarks of their respective owners.
4. REGISTRATION
To access certain areas or features of this Web site,
you may be asked to register as a member of OELER.COM
and to provide OELER.COM with certain information about
yourself. OELER.COM uses this information to improve
this site and to create content that is more beneficial
to our Users. OELER.COM maintains the privacy of your
information as set forth in our Privacy Policy. You
are responsible for providing OELER.COM with true and
accurate information about yourself as requested. If
you provide any information that is untrue or inaccurate,
or which OELER.COM reasonably believes is untrue or
inaccurate, OELER.COM reserves the right to suspend
or terminate your membership.
5. USE OF COOKIES
OELER.COM may use cookies on certain pages of the OELER.COM
Web site to help us track our traffic. Cookies allow
OELER.COM to store your username for you so you wont
have to keep reentering it during a session. Cookies
are stored on the hard drive of your computer, not at
OELER.COM. You are always free to set your computer
browser to decline our cookies and you can delete cookies
on your computer. However if you do this, you may find
that some areas of the OELER.COM Web site may not work
properly and you will be required to reenter your password
more frequently during a session. The use of cookies
is an industry standard and you will find them at most
major Web sites.
6. OELER.COMS USE OF E-MAIL&
E-MAIL ADDRESSES
OELER.COM collects e-mail addresses from visitors in
order to:
i. allow participation in Forums, GuestBooks, Message
Boards, and Chat Rooms
ii. Advise users of news and special events
iii. send confirmation and/or status messages
7. RULES OF CONDUCT FOR FORUMS, GUESTBOOKS,
MESSAGE BOARDS AND CHAT ROOMS
You are solely responsible for any and all Content
posted by you on any OELER.COM Forum, Guestbook, Message
Board, or Chat Room. You also are solely responsible
for, and assume any and all risks associated with, reviewing
and/or using any Content posted on Forums, Guestbook,
Message Boards, or Chat Rooms. OELER.COM does not endorse,
verify, vouch for, or control any Content posted on
this Web site by Users, and does not guarantee the accuracy
or appropriateness of any Content posted by Users. Users
may be held legally liable for any Content posted to
this Web site, and may be held legally accountable if
the Content they post include(s) material that infringes
any patent, trademark, trade secret, copyright or any
other intellectual property or the proprietary right(s)
of any person or entity. OELER.COM reserves the right
to monitor any of its Forums, Guestbooks, Message Boards,
and Chat Rooms at any time to ensure that these rules
are being observed.
By using OELER.COM Forums, Guestbooks, Message Boards,
and/or Chat Rooms, you may be exposed to Content that
is offensive, indecent or otherwise objectionable to
you. If you believe that any such Content violates these
Terms of Use, we encourage you to contact us at contact@OELER.COM.
OELER.COM reserves the right to modify or remove anything
submitted, posted, or uploaded to OELER.COM, at any
time for any reason without prior notice. Postings which
violate these Terms of Use may be deleted upon discovery
and OELER.COM reserves the right to terminate or restrict
access to this site of the responsible User(s). However,
under no circumstances will OELER.COM be liable for
any errors, omissions, or offensive material contained
in any Content posted by Users, or for any loss, liability,
claim, damage, or expense (including reasonable attorney's
fees) arising from or in connection with your use of
any Content posted by any Users.
You agree not to collect or store personal data about
other users or members, or to submit any forum posting,
guestbook entry, message board posting, e-mail, and/or
chat room statement that contains or provides links
to:
1. Any material that is unlawful, threatening, abusive,
harassing, tortious, defamatory, invasive of Privacy
or publicity rights, hateful, vulgar, obscene, profane,
harmful, libelous, indecent, racially, ethnically, or
otherwise objectionable (including, but not limited
to, posting the private information of other parties);
2. Any material containing nudity, pornography, or
sexual material of a lewd, vulgar, lascivious, indecent,
lecherous or obscene nature or intent, or that violates
local, state, national, and/or international laws;
3. Any material that violates or infringes in any way
upon the rights of others, including, without limitation,
any patent, trade secret, right of privacy, right of
publicity, copyright or trademark rights;
4. Any material that impersonates any person or entity,
or falsely states or otherwise misrepresents your affiliation
with a person or entity;
5. Any false "header" (the legend attached
to e-mail messages to show the message's point of origin,
route, and destination), falsely configured e-mail or
otherwise manipulate identifiers in order to disguise
the origin of any Content uploaded, posted, e-mailed
or otherwise transmitted through OELER.COM. Headers
of e-mail messages may not be removed or altered to
conceal e-mail addresses;
6. Any Content that you do not have a right to transmit
under any law or any contractual or fiduciary relationship
(such as inside information, trade secrets, and other
proprietary information and/or confidential information);
7. Any material containing any unsolicited or unauthorized
advertising or commercial solicitation of any kind whatsoever,
), including, without limitation, distribution of unsolicited
e-mail using an OELER.COM address or containing any
references to OELER.COM ("spam"), "junk
mail," "chain letters," "pyramid
schemes," or any use of distribution lists to any
person or entity who has not given specific permission
to be included on such a list.
8. Any material that contains software viruses or any
other computer code, programs, files, corrupted data,
or any other harmful or damaging component designed
to interrupt, impair, destroy, or limit the functionality
or operability of any computer system, software, hardware,
or telecommunications equipment;
9. Any material that constitutes "stalking"
or any other form of harassment of any member or User
of OELER.COM or any other person;
10. Content that promotes, encourages, or provides
instructional information about any illegal activities
or any material which encourages conduct that would
violate any law or give rise to civil or criminal liability
under any law;
11. Any raffle, contest, or game requiring payment
of a fee or other consideration by participants;
12. Any hate propaganda or hate mongering, swearing,
or fraudulent material or activity;
13. Any Content that advertises or promotes any product
or service;
14. Any Content that solicits funds, advertisers or
sponsors;
15. Any Content that disrupts the normal functioning
of the Forum, Guestbook, Chat Room or Message Board;
or
16. Any Content or activity that OELER.COM, in its
sole discretion, deems inappropriate for its Forums,
Guestbooks, Message Boards, the National Literary Calendar,
and/or Chat Rooms.
8. LINKS TO THIRD PARTIES
OELER.COM contains hyperlinks to external locations
(e.g., other Web sites) controlled by third parties.
These links are provided solely as a convenience to
you, and do not imply an endorsement by OELER.COM or
that any affiliation exists between OELER.COM and the
linked Web site. You agree that OELER.COM is not responsible
for the availability of these external locations, or
other content including, without limitation, solicitations
thereon or products or services made available thereby.
OELER.COM has not necessarily reviewed, and does not
necessarily endorse, Content at linked Web sites, and
is not responsible for such Content or for your use
of such Content. You acknowledge that some external
locations may contain material or communications that
are unedited, untrue, or illegal in some jurisdictions
or that may be offensive. You agree to access external
locations at your own risk and not to permit minors
to have access to inappropriate material. You agree
that OELER.COM shall not be held responsible or liable,
directly or indirectly, for any loss or damage caused
or alleged to have been caused in any way whatsoever
related to any such external location. Any concerns
regarding any external location should be directed to
its respective Web site administrator, system operator,
or Web master.
9. COLLECTION OF INFORMATION IN www.OELER.COM
By providing OELER.COM with or by entering author or
other information to the OELER.COM Web site, you hereby
grant to OELER.COM the non-exclusive rights to market,
display, and license this information in any electronic
format throughout the world. OELER.COM and its successors
and assigns shall be entitled to unrestricted use of
the author information for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of
this information. Please be advised that OELER.COM maintains
the confidentiality, security, and integrity of personal
information we obtain from our users. We will not give
out, display, or license, any personal contact information,
but will use this information solely for index maintenance
and customer services purposes.
10. DISCLAIMER
THE OELER.COM SITE IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING
OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE.
OELER.COM DOES NOT GUARANTEE OR WARRANT CONTINUOUS,
UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS Web SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW
THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING
DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION
WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE
LAW.
OELER.COM DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS
OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY
CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED
OR PROVIDED THROUGH OR IN CONJUNCTION WITH OELER.COM.
NEITHER OELER.COM, NOR ITS AFFILIATES, THIRD PARTY INFORMATION
PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE
REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE,
RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT
PROVIDED BY OELER.COM. ADDITIONALLY, THERE ARE NO WARRANTIES
AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF OELER.COM IS DOWNLOADED AT THE USER'S OWN
RISK.
THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES
THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE
TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION
THE USER OBTAINS FROM OELER.COM.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL OELER.COM,
ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS,
OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS
OR LICENSERS (COLLECTIVELY, "THE OELER.COM PARTIES"),
BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR
ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE
INFORMATION CONTAINED WITHIN THE OELER.COM Web SITE,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES
AND IN NO EVENT SHALL OELER.COM ANY OF THE PARTIES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING
OUT OF OR RELATING TO THESE TERMS OF USE AND/OR USE
OF, OR INABILITY TO USE, THE OELER.COM Web SITE, OR
THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER
CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN
IF ANY OELER.COM PARTY HAS BEEN ADVISED OF (OR IF ANY
OELER.COM PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE
OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER
NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE
LIABILITY OF ALL OELER.COM PARTIES ARISING OUT OF OR
RELATING TO THESE TERMS OF USE AND/OR RELATING TO USE
OF, OR INABILITY TO USE, THE OELER.COM Web SITE, UNDER
ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER,
IF ANY, TO ACCESS THE OELER.COM Web SITE.
12. INDEMNIFICATION
User agrees to indemnify and hold harmless, and at
OELER.COM's request, defend the OELER.COM Parties and
their respective parents, subsidiaries, affiliates,
partners, agents, employees, directors, officers, shareholders,
members, and other owners, from and against any and
all claims, actions, demands, liabilities, losses, damages,
judgments, penalties, settlements, costs and expenses
(including reasonable attorney's fees and costs) (hereinafter
referred to as "Losses") insofar as such Losses
(or actions in respect thereof) arise out of, are based
on, or relate to: (i) your use of the OELER.COM Web
site; or (ii) any misrepresentation of any information,
representation or warranty, or breach of these Terms
of Use or any other covenant or Terms of Use.
If any third party brings a claim, lawsuit, or other
proceeding(s) against any OELER.COM Party based on User's
conduct or use of OELER.COM's Web site or services,
User agrees to compensate all OELER.COM Parties (including
their respective officers, directors, employees and
agents) for any and all Losses in connection with any
such claim, lawsuit or proceeding.
13. INDEPENDENT INVESTIGATION
OELER.COM reserves the right to investigate suspected
violations of the terms and conditions of these Terms
of Use whenever OELER.COM becomes aware of possible
violations. Such an investigation may include gathering
information from User and the complaining party and
reviewing materials on OELER.COM's servers. During an
investigation, OELER.COM may remove any and all disputed
material from OELER.COM's servers.
If OELER.COM believes, in its sole discretion, that
a violation of the terms or conditions of these Terms
of Use has occurred, OELER.COM may take any action it
deems appropriate under the circumstances known to it,
which may include removal of material from OELER.COM's
servers, warnings and/or suspension or termination of
User account(s). Violations also could subject User
to criminal or civil liability.
14. JURISDICTIONAL ISSUES
This Web site is controlled and operated by OELER.COM,
a sole proprietorship in the State of Pennsylvania,
from its offices within the State of Pennsylvania, United
States of America. OELER.COM makes no representations
or warranties that the Content of this Web site is appropriate
or lawful in any foreign countries, or that any items
offered for sale on the Web site will be available outside
the United States. Those who choose to access this Web
site from other locations do so on their own initiative
and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
15. GOVERNING LAW
The formation, construction and interpretation of these
Terms of Use shall in all respects be governed by and
construed in accordance with the laws of the United
States and the State of Pennsylvania, U.S.A., as such
law applies to agreements between Pennsylvania residents
entered into and wholly performed within Pennsylvania,
without giving effect to any principles of conflicts
of laws. These Terms of Use shall not be governed by
the United Nations Conventions of Contracts for the
International Sale of Goods, the application of which
is hereby expressly excluded from any interpretation
of these Terms of Use. By using this site, you hereby
consent to the exclusive personal jurisdiction and venue
of the State and Federal Court of the State of Pennsylvania,
USA It is hereby agreed that any action at law or in
equity arising under these Terms of Use and/or your
use of the OELER.COM Web site shall be finally adjudicated
or determined in any court or courts of the State of
Pennsylvania or of the United States of America, in
Allegheny County, Pennsylvania, and the parties hereto
hereby submit generally and unconditionally to the personal
and exclusive jurisdiction and venue of these courts
in respect to any such matter and consent to service
of process by any means authorized by Pennsylvania law.
16. ACCEPTANCE
Your use of OELER.COM constitutes acceptance of these
Terms of Use. You hereby waive any and all defenses
you may have based on the electronic form of these Terms
of Use and lack of signing or other form of electronic
execution by the parties hereto. You agree to abide
by the terms and conditions of these Terms of Use and
any additional terms, conditions, rules or procedures
imposed by OELER.COM or by third party content providers
in connection with third-party content, software or
services available on, through or in connection with
OELER.COM.
17. AMENDMENTS
OELER.COM reserves the right to automatically amend
these Terms of Use at any time by posting the amended
terms and conditions to this "Terms of Use"
section of the OELER.COM Web site. Such amendments will
be effective when posted.
18. ACTS OF GOD
OELER.COM shall be excused from its obligations for
any period to the extent that OELER.COM is prevented
from performing, in whole or in part, its obligations
under these Terms of Use, as a result of any acts of
God, any action(s), regulation(s), order(s) or request(s)
by any governmental or quasi-governmental entity (whether
or not the action(s),regulations(s), order(s), or request(s)
prove(s) to be invalid), Internet failure, equipment
failure, earthquake, war, fire, flood, explosion, unusually
severe weather, hurricane, embargo, labor dispute or
strike (whether legal or illegal) labor or material
shortage, transportation interruption of any kind, work
slowdown, civil disturbance, insurrection, riot, foreign
or domestic court order, third party non-performance
(including the acts or omissions of any suppliers, agents,
or subcontractors) or any other cause beyond OELER.COM's
reasonable control affecting production or delivery
in any manner, including failure or fluctuations in
electrical power, heat, light, air conditioning or telecommunications
equipment or lines or other equipment, whether electronic
or otherwise.
19. WAIVER
OELER.COM's failure to enforce strict performance of
any provision of these Terms of Use will not constitute
a waiver of OELER.COM's right to subsequently enforce
such a provision or any other provision of these Terms
of Use, nor will any delay or omission on the part of
OELER.COM to exercise or take advantage of any right
or remedy that OELER.COM has or may have hereunder operate
as a waiver of any right or remedy.
20. SEVERABILITY
In the event that any of the provisions of these Terms
of Use shall be held by a court or other tribunal of
competent jurisdiction to be invalid or unenforceable,
the remaining portion hereof shall remain in full force
and effect and such provision shall be enforced to the
maximum extent possible so as to effect the intent of
the parties and shall be reformed to the extent necessary
to make such provisions valid and enforceable.
21. HEADINGS
Division of these Terms of Use into sections and the
use of headings is for convenience of reference only
and shall not modify or affect the interpretation or
construction of these Terms of Use, or any provision
hereof.
22. MERGER CLAUSE
These Terms of Use constitute the entire agreement
between you and OELER.COM concerning the subject matter
contained herein and supersede all prior or contemporaneous
representations, proposals, conditions, communications,
and Terms of Use, whether oral or written, between the
parties relating to the subject matter herein and all
past courses of dealing or industry custom. The subject
matter herein may not be modified except by OELER.COM.
OELER.COM RESERVES THE RIGHT TO CHANGE OR AMEND THESE
TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. SAY SUCH
CHANGES SHALL TAKE EFFECT UPON POSTING ON THE OELER.COM
Web SITE. BY USING OELER.COM, YOU SIGNIFY YOUR EXPLICIT
CONSENT TO THE TERMS AND CONDITIONS OF THESE TERMS OF
USE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS
OF THESE TERMS OF USE, PLEASE DO NOT USE OELER.COM.
23. CONTACT AT OELER.COM
If you have questions or concerns regarding OELER.COM,
you can let us know by sending us an e-mail at: staff@OELER.COM,
or by writing to us at: OELER INDUSTRIES, INC., 4700
Clairton Blvd.., Pittsburgh, PA 15236.
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