| 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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