Website Terms and Conditions of Use
THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION
Welcome to the Shaner (“Shaner”) website. This page states the Terms and Conditions under which you, the website visitor may use this website, which is owned and controlled by Shaner. Please read this page carefully. By using this website, you agree not to use this website in any unlawful manner or as prohibited under this Agreement. By proceeding beyond this website’s home page, you express your agreement with and understanding of this Agreement. If you do not accept these Terms and Conditions, do not use this website. Shaner may, in its sole discretion, revise these Terms and Conditions at any time; therefore, you should review the Terms and Conditions periodically.
Shaner places the utmost importance on protecting information transmitted via this website and will take security precautions to protect all such information in its transmission to the website and its storage and use with the website. However, while Shaner will take measures to secure and protect from loss, misuse and alteration of any information transmitted by you with this website, Shaner does not guarantee or warrant that any use of this Web site is totally secure. Please also see the “Shaner Web site Privacy Statement” posted on this Web site for our privacy policies.
Disclosure and Privacy
The “Shaner Website Privacy Statement” is hereby incorporated by reference into the “Terms and Conditions of Use”. By agreeing to these Terms and Conditions of Use, you also
agree to our Website Privacy Statement.
Other Web Sites
This Shaner website may contain links to other websites not owned or controlled by Shaner. Shaner makes every effort to link only to websites that share our high standards and respect for privacy. However, such links are for your reference only and we have no control and are not responsible for the content or the privacy practices employed by other websites. By inclusion in this website, Shaner does not endorse, recommend, sponsor or warrant any content, products or services or other information on such site. You hereby acknowledge and agree that Shaner is not responsible for the content on any such website or the action of its operator.
Use of Site Material
The contents of this website, such as text, graphics, images and other content (the “Site Material”) are subject to the ownership rights of Shaner and are or may be protected by copyright under both United States and foreign laws. Shaner authorizes you to view and download a single copy of the Site Material for your personal, non-commercial use, subject to your compliance with the provisions of these Terms and Conditions. Any unauthorized use of the Site Material may violate copyright, trademark and other applicable laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of the Site Material. You may not sell or modify our Site Material or reproduce, display, distribute, transmit, license or otherwise use the Site Material in any way. Use of the Site Material on any other website or in a networked environment is prohibited, without the express written consent of Shaner.
Copyrights, Trademarks and Service Marks
Copyright – 2006 – Shaner, State College, Pennsylvania, USA. All rights reserved. All text, images, graphics, sound files, animation files, video files and their arrangement and any other material displayed on Shaner’s website are or may be subject to the ownership rights of Shaner and/or any copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be printed, copied, reproduced, distributed, transmitted, stored, displayed, modified or posted to any other website. This website also contains images that are subject to copyright rights of third parties, who may or may not be affiliated with Shaner.
The names, marks and logos appearing in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Shaner or a third party. Any unauthorized or unlawful use of these marks including, but not limited to, the use on another website as a part of a link, except as provided in these Terms and Conditions, is strictly prohibited. From time to time, Shaner makes fair use in this website of trademarks owned and used by third parties. Any such marks typically carry a digital “watermark” that identifies the ultimate copyright holder and Shaner makes no claim to ownership of those marks.
Shaner welcomes your comments on our website. However, you acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the “Information”), the Information shall be deemed, and shall remain Shaner’s sole and exclusive property. By submission of any Information to us, except as otherwise provided herein, you assign to us and we shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature globally and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without credit, compensation or any other consideration to the provider of the information or any other person or entity and without restriction to treat the Information as confidential. Such Information may not be acknowledged and will not be returned.
As a user of this website, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; impersonate another person; or transmit any other information that may be unlawful.
By submitting Information to this website, you represent and warrant that you have any and all rights to transfer and assign the Information to Shaner and Shaner is free to use such Information without restriction and as provided in these Terms and Conditions.
Shaner reserves the right to expel users and prevent their further access to this website for violating these terms or the law and reserves the right to remove any communications from this website. The violation of any of these Terms and Conditions shall result in the immediate revocation of your license to use the Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.
Shaner welcomes users who are 13 years of age or older. If you are a minor, your parent or guardian must accept and bear full responsibility and liability for all your actions when you use this website.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR OFFICERS, MANAGERS,
PARTNERS, MEMBERS, AGENTS, DIRECTOR, AFFILIATES, EMPLOYEES OR
CONTENT PROVIDERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT
NEITHER US NOR ANY OF OUR OFFICERS, MANAGERS, PARTNERS, MEMBERS,
INTEREST HOLDERS, AGENTS, DIRECTORS, AFFILIATES, EMPLOYEES OR
CONTENT PROVIDERS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT USE OF OUR WEB SITE IS ENTIRELY AT YOUR OWN RISK. OUR
WEB SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS,” AND “AS
AVAILABLE” FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED
ACCESS IN CONNECTION WITH Shaner OR THE WEB SITE. WE
SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT
LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY AND
ACCURACY OF CONTENT, INFORMATION; AND (B) ANY WARRANTIES OF TITLE
OR WARRANTIES FOR A PARTICULAR PROCESS.
NEITHER SHANER NOR ANY OF ITS AGENTS, AFFILIATES, OFFICERS,
DIRECTORS, MANAGERS, PARTNERS, MEMBERS, INTEREST HOLDERS,
EMPLOYEES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB
SITE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE OR THE
CONTENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL IDEAS ON THE WEB SITE OR SUBMITTED TO US.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR POTENTIAL
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN THE EVENT THAT THIS SECTION IS DETERMINED BY ANY COURT TO BE
UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST
Shaner OR ANY OF ITS AGENTS, AFFILIATES, EMPLOYEES, DIRECTORS,
INTEREST HOLDERS, OFFICERS, MANAGERS OR CONTENT PROVIDERS THEREOF
SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM
SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER
PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS
ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR US WITHOUT OUR
EXPRESS WRITTEN CONSENT.
By using this website, you agree to defend, indemnify, and hold harmless Shaner, its officers, directors, employees, agents, interest holders and content providers from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Shaner may become obligated to pay arising or resulting from: 1) your use of the Site Material; 2) your breach of these Terms and Conditions; or 3) the placement by you of a link to this Web site on any website or in any e-mail. Such indemnity shall include costs and expenses incurred by Shaner in any actions taken to enforce this indemnity.
CHOICE OF LAW
THE USE OF THIS WEB SITE AND THESE TERMS SHALL BE GOVERNED BY THE
LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, APPLICABLE WITHOUT
REGARD TO CONFLICT OF LAW PROVISIONS. THE SOLE JURISDICTION FOR ANY
LEGAL PROCEEDINGS BROUGHT FROM USE OF THIS WEB SITE OR THESE TERMS
SHALL BE IN CENTRE COUNTY, PENNSYLVANIA.
Any waiver by Shaner of a breach of any provision of these Terms and Conditions shall not operate as or be constructed to be a waiver of any other breach of that provision or of any breach of any other provision of these Terms and Conditions.
If any one or more of the provisions contained in these Terms and Conditions shall be held to be illegal, invalid, unenforceable or void in any respect by any arbitration proceeding or court of competent jurisdiction, these Terms and Conditions and any provision herein shall not be rendered null and void and shall not be affected or impaired.
These Terms and Conditions contain the entire agreement between you and Shaner with respect to the use of this website and hereby supersede all previous agreements with respect to the use of this website. Shaner may modify or amend these Terms and Conditions at any time without notice to you or any third party. Use of this website and these Terms and Conditions shall not create any joint venture, partnership, agency relationship or employment relationship between you and Shaner.
Use of this website is not authorized in any locality, state or country that does not give full effect to all provisions of these Terms and Conditions.
Any rights not expressly granted herein are reserved.
If you have any questions or comments regarding the use of this website or these Terms and Conditions, please utilize the “Contact Us” section of the website for any and all contact information. Shaner will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments.
Website Privacy Statement
We at Shaner and our affiliated oil and gas companies, recognize the importance of protecting your privacy. You need to know what information about you is being collected over the Internet and how that information is being used. We are committed to assisting you in this regard. This Policy describes the information collected by Shaner from visitors to Shaner’s web site, located at www.shanercorp.com (the “Site”), and how Shaner uses that information.
Collection of Information
Most of the information collected by us from the Site is provided directly by you. In connection with your use of the Site, we may require you to provide certain information, such as your name, mailing address, e-mail addresses, telephone number and/or facsimile number. If you do not want us to have that information, you should not provide it. However, if you do not provide the requested information, you may not be able to enjoy some of the Site’s benefits.
Other information collected by us may be provided automatically when you access the Site. Software is available from several other companies that enables you to anonymously visit the Site. If you use this software, we will not be able to recognize you and some of the benefits of using the Site may be unavailable to you.
Use of Information
We only collect information for the purpose of making the Site more useful to you. The information collected by us will be used to communicate with you, to evaluate the use of the Site and its content, to improve the products and services of Shaner and its affiliated companies, and otherwise in connection with the business of Shaner and its affiliated companies. In addition, the Site may at times enable you to transmit your resume in order to apply for jobs at Shaner. Any resume received by us through a Site may be forwarded to any Shaner location for employment consideration.
Other Web Sites
The Site may be linked to other web sites. While this Policy describes privacy issues relating to the Site, it does not describe the practices of any web site that may be linked to the Site. You should consult the privacy policies of those other web sites before submitting any information to them. We are only responsible for information collected by us through the Site.
Shaner also reviews data and information contained in log files located on our web server, which record the date and time of each visit to the Site, the user’s IP (internet protocol) address, the referring IP address or domain (the prior web site visited), and the files viewed on the Site (including HTML pages, graphics, etc.). We use the log file information to analyze data in the aggregate to determine the trends and usage of the Site. We can not correlate the log data to identify specific users.
We do not sell or otherwise disclose your personal information to others, except that we may disclose such information (i) to our affiliated oil and gas companies or (ii) when we believe, in good faith, that such disclosure is reasonably necessary to comply with any law or protect the rights, property or safety of another person. In addition, we may sell or otherwise disclose such information in connection with the sale of our business or substantially all of our assets to a third party as provided in this Policy.
We maintain and review e-mail correspondence that you send to us. Shaner may use (and maintain in a file specific to you) the personally identifiable information disclosed in the e-mail. Because such correspondence contains information that is not transmitted through the operation of the Site, it is not subject to the terms of this Policy.
Users Under 13
This Site is not directed at children under the age of 13. If you are younger than 13, please do not provide any personally identifiable information in connection with your use of the Site.
By using a Site, you consent to the collection and use of information by Shaner as set forth in this Policy. If we decide to change this Policy, which we may do at any time without notice to you, we will post those changes on this page. By continuing to use the Site after we have posted the changes, you agree to and accept such changes. You should periodically check the Site for changes to this Policy.
We reserve the right to assign, disclose or transfer any and all information that we collect from visitors to the Site to any third party in the event that we sell our business or transfer substantially all of our assets to such third party. In addition, we reserve the right to assign, disclose or transfer any and all information that we collect from visitors to the Site to any or all of our affiliated oil and gas companies.
Additional Information Regarding this Policy
Shaner welcomes your questions, comments and requests for additional information regarding privacy on the Internet in general and the Site in particular. You can contact Shaner by e-mail at firstname.lastname@example.org or by regular mail at Investor Relations, Shaner, 1965 Waddle Road, State College, Pennsylvania 16803.