| 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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