User’s Acknowledgement and Acceptance of Terms and Conditions
Dane C. Olevian Numismatic Rarities (“ONR” or “we” or “us”) provides the website www.ONRcoins.com (the “Website”) and other services, including services offered on the Website and services not directly available from the Website, subject to your compliance with and Your agreement to all the terms, conditions, and notices contained or referenced herein (the “User Agreement”), as well as any other written or implied agreement between ONR and You or Your company. The terms “You” and “Your” as used herein refer to the visitor to the Website and any person or entity who uses ONR’s services, including any person who purchases product(s) from, or sells product(s) to, ONR. These terms and conditions apply to all orders, purchases, sales, appraisals, and other services whether initiated through the Website, by telephone, in person, or otherwise. In addition, when using particular services or materials on the Website, You shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in this User Agreement. All such guidelines or rules are hereby incorporated by reference into this User Agreement.
Before You place any orders to purchase from and/or sell to ONR, You must read and accept all of the terms in this User Agreement. Your use of this Website and/or Your placement of any orders to purchase from and/or sell to ONR, whether through the Website, by telephone, in person, or otherwise, constitutes a representation by You that You have read this User Agreement and agree to be bound by the terms and conditions contained herein.
This User Agreement is effective as of August 1, 2014 for all existing customers and all existing users of this Website, and will be effective upon acceptance, as set forth above, for all new customers and all new users of this Website or ONR’s services. ONR reserves the right to change the terms and conditions of this User Agreement without notice to You. You acknowledge and agree that it is Your responsibility to review the Website and this User Agreement periodically, and to be aware of any modifications. Your continued use of this Website and/or Your continued use of any services provided by ONR after such modifications will constitute Your acknowledgement of the modified User Agreement and Your agreement to abide and be bound by the modified User Agreement.
A. General Terms and Conditions
1. Our Rights
We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website.
We reserve the right to change this User Agreement from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions of this User Agreement have been changed. If You do not agree to any change to the User Agreement then You must immediately stop using the Website.
We reserve the right to use our reasonable efforts to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
2. Your Obligations
You agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws.
You agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
You will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience, or needless anxiety.
You will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
You will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality, or rights of privacy).
You agree that in the event that You have any right, claim or action against any Users arising out of that User's use of the Website, then You will pursue such right, claim or action independently of and without recourse to us.
You hereby agree to execute and deliver such other documents and take such other actions as may be reasonably requested by ONR to carry out this User Agreement.
B. Doing Business with ONR
1. Investment Risks
Investing involves risks and may not be suitable for everyone. You understand that all coin, paper money, and precious metals investments involve risk, including partial or total loss of investment capital. You are encouraged to consult personal financial advisors before making any investment decisions. ONR and its agents are not financial or investment advisors and cannot be held responsible for Your investment decisions, including decisions to purchase rare coins or precious metals that are subsequently subject to market loss and/or reduction in liquidity or resale value. ONR does guarantee that every product that we sell is genuine and that all precious metals products are of the weight and purity advertised in our product description. ONR also provides general information on how to invest in rare coins and precious metals on its website, but makes no recommendations, projections, representations, or guarantees with respect to the future price or performance of any coin or precious metals product that it sells. By purchasing from, making sales to, or ordering from ONR, You acknowledge that You are ultimately making all of Your own decisions and that You are subject to a variety of risks for which ONR is not liable and You are solely responsible. You also acknowledge that You represent and warrant to ONR that You have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to ONR.
2. ONR Online Ordering System
ONR disclaims any liability or responsibility for orders placed through the ONR Website order system, including, but not limited to, any loss or damage, whether direct, indirect, consequential, or incidental, that You or any third-party may suffer or incur as a result of the use of the ONR Website order system, whether such loss or damage is caused by the ONR order system or otherwise. Further, ONR disclaims any liability or responsibility for the interruption, cancellation, or other termination of the ONR online order system.
All orders placed through the ONR Website order system are taken on a best efforts basis. ONR shall not be responsible for errors, negligence, or inability to execute such orders. Further, You understand and agree that the services available on this Website are provided “as is” and that ONR shall not be responsible for any delays in the transmission, delivery, mis-delivery, deletion, or execution of Your orders, due to failure of transmission, or breakdown or failure of communication facilities, or due to any other cause beyond ONR’s reasonable control. If pricing or typographical errors occur on the website, we reserve the right to cancel any Sales Orders or Purchase Orders associated with that item and will notify you of such cancellation. You expressly waive any right to any claim or actual damages that may occur as a result of an error that leads to order cancellation, refund, and/or shipping delay.
3. Forward Transactions and Confirmation of Transactions
Forward transactions are purchases or sales between You and ONR in which the price is agreed upon prior to delivery and/or payment for the transaction. Published prices and rates on the Website are to be used as indications only and are not guaranteed offers to buy or sell. Buy or sell offers issued by telephone are valid for the duration of the telephone call only. ONR is under no obligation to honor a price quote on a later phone call, but instead will make a new offer commensurate with current market conditions. This new quote may be the same, higher, or lower than previous quotes based on these new conditions. All purchase and sales transactions (Purchase Orders and Sales Orders) must be confirmed over the telephone with an authorized business associate or electronically through www.ONRcoins.com to be effective. When an order is confirmed, an order number is generated by ONR and the price for the product(s) included in Your confirmed order (“the Confirmed Purchase Price”) is established. ONR shall not be liable for fulfillment of any transaction if an order number and a confirmed price has not been generated and communicated to You.
4. Buying from ONR
a. Minimum and Maximum Transaction Values
There is no minimum or maximum Sales Order for any transaction, regardless of payment method. However, ONR reserves the right to request a down payment or deposit on any large order which we deem "significant," prior to confirming the order and locking in the final sale price. On orders greater than $50,000.00, we recommend calling customer service at 1-844-667-2646 (1-844-ONR-COIN) to confirm whether a deposit will be required.
b. Precious Metals Sales
i. Sales Order Adjustments
Sales orders are final and cannot be adjusted after confirmation. Please choose your products carefully and review all details before submitting your order.
ii. Sales Order Cancellations
iii. Sales Order Returns
c. Rare Coins and Paper Money
d. Coin Supplies and Accessories
Once confirmed, the ONR Purchase price or Sales price will be locked in for 5 business days. Your payment must be dated within 24 hours of your order and must be received by ONR within 5 business days. If these terms are not met, the transaction may be cancelled and you may be subject to our Market Loss policy.
4. Precious Metals Market Loss, Order Cancellation, Product Exchanges, and Product Returns
When purchasing any products listed under the "Gold," "Silver," "Platinum," and "Palladium" sections of the ONR Website (“Precious Metals”), as well as certain bullion-related products listed under the "Rare Coins" section, a confirmed order cannot be canceled. Once a sales order number is issued, the price is locked-in and you are legally bound to pay that price. At any time before Your confirmed order has been shipped, however, the product can be sold back to ONR (“Offset”) at ONR’s buy price on the calendar day that ONR receives your written request to Offset a transaction. An email from the email address in Your account information will be accepted as a written request. The amount that ONR will pay for Your Precious Metals (the “Offset Amount”) will be confirmed and a new order number will be generated. If the Offset Amount is less than the Confirmed Purchase Price, such deficiency is your responsibility, and You shall remain liable to ONR for that difference. In addition, You will be charged a $50 administrative fee and ONR shall have no liability to You for the product(s) included in Your confirmed order. Any market gain that occurs when offsetting a transaction shall remain the sole property of ONR.
Once a product has been delivered to You and delivery confirmation has been issued by the carrier, You pay have the option to exchange or return the product at our discretion.
However, if Your products are needed by ONR, ONR will purchase them at prices based on market conditions, which may be the same, less than, or greater than the price You paid for it.
5. Rare Coin, Paper Money, and Supplies and Accessories Market Loss, Order Cancellation, and Product Returns
When purchasing most products listed under the Rare Coins, Paper Money, or Supplies and Accessories headings of the ONR Website (“Rare Coins,” “Paper Money,” and “Supplies”), a confirmed order can be cancelled at any time before shipment and Your payment will be refunded in full. This excludes certain “Bullion-Related” gold and silver Rare Coins, for example, but not limited to, Pre-1933 gold coins, which may be treated like Precious Metals and subject to the Precious Metals order cancellation and return policy outlined above. Once a Rare Coin order is shipped, Your order cannot be cancelled. However, any certified Rare Coin or Paper Money product or uncertified Rare Coin or Paper Money product, still housed in an original ONR holder/package can be returned for a full refund. All supplies and accessories can also be returned for a full refund, provided they are in completely new, undamaged, and unopened condition. ONR must receive notification of the intent to return products within fifteen (15) business days of the carrier confirmed delivery date and ONR will issue a return confirmation number. All returned items must be shipped by United States Postal Service and a tracking number provided to ONR within 1 business day of notification of the intent to return and must be insured for the total price paid. You will be responsible for all shipping and insurance charges incurred when returning products to ONR. After 15 business days following the carrier confirmed delivery date, no product(s) can be returned. However, if products are needed by ONR, ONR will purchase them at fair prices based on current market conditions, which may be the same, less than, or greater than the price You paid for it.
6. Payment Methods
Most items on the ONR Website can either be shipped to Your address or picked-up in person. All items being shipped can be paid for by credit card, PayPal, personal check, business check, cashier’s check, money order, or bank wire, as indicated on the product page. Cash is not accepted as payment for items being shipped. Items purchased by check or bank wire will not be shipped until funds clear the ONR bank account, usually 3-5 business days following receipt of payment, but occasionally up to 7-10 or more business days. If payment in full for Your confirmed order to be shipped is not postmarked within 1 business day after Your order is confirmed for personal check, business check, cashier’s check, or money order transactions, or received within 1 business day after Your order is confirmed for bank wire transactions, Your confirmed order may be offset and the Offset Amount will be determined as of the last day upon which payment would have been timely. For orders that will be picked-up in person, cash is also accepted. All orders for which cash is the payment method must be paid for in full at the time of pick-up, which must occur within 5 business days of placing the order. Otherwise, Your confirmed pick-up order may be offset and the Offset Amount will be determined as of the last day upon which payment would have been timely. For both shipped orders and picked-up orders, if the Offset Amount is less than the Confirmed Purchase Price, such deficiency is your responsibility, and You shall remain liable to ONR for that amount. In addition, You will be charged a $50 administrative fee and ONR shall have no liability to You for the product(s) included in Your confirmed order. Any market gain that occurs when offsetting a transaction shall remain the sole property of ONR.
7. Selling to ONR
Items sold to ONR can either be shipped to ONR or delivered in person to the ONR store. Depending on the type of product(s) You are selling to ONR, ONR may either determine Your sell offer prior to, or following, Your shipment or delivery of product(s) to ONR. When ONR determines Your sell offer prior to Your shipment or delivery, Your sell offer is confirmed with a confirmation number, the price for the product(s) included in Your confirmed sell (the “Confirmed Sell Price”) is established for You, and You cannot cancel the confirmed sell. You will be paid by ONR business check, which will either be given to you at the time of delivery or mailed within fifteen (15) business days of the confirmed sell. For items you are shipping to ONR, if ONR does not receive from You a tracking number for the shipment of the product(s) within 1 business day after the sell is confirmed, the Confirmed Sell Price may be offset (product repurchased by You) at ONR’s highest buy price on the first calendar day following the day Your sell offer was confirmed (the “Offset Repurchase Price”). If the Offset Repurchase Price is greater than the Confirmed Sell Price, You shall be liable to ONR for the difference. In addition, You will be charged a $50 administrative fee and ONR shall have no liability to You for payment for the product(s) included in Your confirmed sell. Any market gain that occurs when offsetting a transaction shall remain the sole property of ONR. ONR also reserves the right to return any product(s) it purchases from You within ten (10) business days of shipment or delivery to ONR for any reason, including, without limitation, if the product(s) are counterfeit, misrepresented, of inferior quality, or not the items ONR intended to purchase. If ONR chooses to return your product(s), ONR shall have no liability to You for payment for the product(s) included in Your confirmed sell.
In many instances, You must ship or deliver your product(s) to ONR for expert appraisal before ONR can determine Your sell offer. For items delivered to ONR, ONR will confirm receipt of your products electronically or in person at the time of delivery. For items shipped to ONR, ONR will confirm receipt of Your product(s) electronically. For items shipped or delivered to ONR, ONR will make an offer to You electronically to purchase Your product(s) within ten (10) business days of receipt. You must either accept or decline such offer within three (3) business days. If You chose to accept ONR’s offer for Your product(s), ONR will establish for You the Confirmed Sell Price and You cannot cancel the confirmed sell. You will be paid by ONR business check, which will be mailed within ten (10) business days of the confirmed sell. If You chose not to accept ONR’s offer for your product(s), ONR will return Your product(s) to You without charge. Items delivered in person must be picked-up in person. Items shipped to ONR will be shipped back to You. If You fail to either accept or decline ONR’s offer to purchase Your product(s) within three (3) business days of Your receipt of the same, then You will be considered to have accepted ONR’s offer by default and the Confirmed Sell Price will be established for You and You cannot cancel the confirmed sell. You will be paid by ONR business check, which will be mailed within ten (10) business days of the confirmed sell.
ONR makes every effort to pay fair and ordinary prices for the Rare Coin, Paper Money, and Precious Metals products it purchases that are consistent with the range of prices typically paid for such products in the Rare Coin, Paper Money, and Precious Metals industry. However, ONR offer no warranty and makes no guarantee that it will pay average or above average prices for such products, and You agree not to seek from ONR additional payments or damages should You later determine that higher prices could have been obtained elsewhere. You acknowledge that it is in your best interest to consider multiple offers for Your products before selling to ONR and that ONR cannot be responsible for Your decision to sell to ONR without consideration of such alternative offers.
8. Shipping and Insurance
ONR may ship Your product(s) by any carrier, including, without limitation, United States Postal Service (USPS), United Parcel Service (UPS), and FedEx, and may require carrier confirmation of delivery to You and/or the signature of You or Your authorized agent. Should Your product(s) be lost or stolen prior to delivery to You, ONR will replace Your product(s) or issue You a refund. ONR shall have no liability to You for products that are lost or stolen after carrier confirmation of delivery to You and/or the signature of You or Your authorized agent has been obtained. Should You receive Your product(s) in damaged condition, You must notify ONR of such damage within one (1) business day following the carrier confirmed delivery and must ship the damaged product(s) and all original packaging back to ONR for replacement or full refund. ONR will reimburse You for Your return shipping expenses. In no circumstance will ONR grant full or partial refunds for damages that occur during shipping while also allowing You to retain the damaged product(s).
When You ship to ONR for any reason, You are required to do so by USPS First Class Mail, Priority Mail, Express Mail, and/or Registered Mail, with USPS insurance to cover Your shipment value. All returns must be shipped to “ONR, PO Box 19816, Pittsburgh, PA 15213.” All returns must be in plain packaging with no words on the outside that relate to coins, paper money, numismatics, numismatic rarities, or any other words or phrases that may indicate valuable package contents. Any returns sent to any other address than the one above, including other addresses affiliated with ONR, will not be accepted. When shipping product(s) to ONR for which a Confirmed Sell Price has already been established, the USPS insured value must be equal to the Confirmed Sell Price. When shipping product(s) to ONR for which a Confirmed Sell Price has not already been established, the USPS insured value must be determined by You and must be an estimate of the total value of the product(s) You are shipping to ONR. ONR can assist You in determining an appropriate estimated value of Your product(s) prior to shipment based on a detailed description by You of Your product(s), but ONR makes no warranty and does not guarantee that it will offer to pay You Your declared insurance value for Your product(s), should You decide to sell to ONR, and in fact may offer You less than, the same as, or more than the declared insurance value, pending receipt and expert appraisal of Your product(s) with regards to current market conditions. Furthermore, if Your product(s) is/are lost, stolen, or damaged during shipment to ONR, You acknowledge that ONR is not liable to You for any payment or damages and that any claim for payment or damages must be made by You to USPS. You also acknowledge that, while ONR will attempt to provide You, within reason, information needed to file Your claim with USPS to obtain reimbursement from USPS for Your lost, stolen, or damaged product(s), ONR is not required to do so, and ONR makes no warranty or guarantee that You will be able to recover such damages from USPS.
In situations for which You ship Your product(s) to ONR, and ONR establishes Your sell offer, and You decide not to accept such offer, ONR will return Your product(s) to You by USPS with a declared insurance value exactly equal to the ONR offer price. ONR shall be liable to You for this declared insurance value, should Your product(s) be lost, stolen, or damaged prior to confirmed delivery to You by USPS, provided the USPS makes full payment to ONR for any claim ONR places against USPS for Your insured product(s) that is/are shipped to You. If USPS does not make full payment to ONR for the value of Your product(s) declared by ONR for any reason, then ONR shall only be liable to You for the total amount, if any, paid to ONR by USPS for your lost, stolen, or damaged product(s). Such liability shall be payable to You by ONR within thirty (30) business days following ONR’s receipt of such payment from USPS.
C. Breach, Indemnification, Limitations of Liabilities, and Remedies
1. Defaults, Rights, and Remedies
In the event of any failure by You to comply with this User Agreement and/or Your obligation to make payment to, or deliver products to, ONR, ONR may charge any and all market losses incurred by ONR, and the administrative fees for accepting your orders to either buy from or sell to ONR, to the credit card account that You have provided. You expressly authorize ONR to charge your credit card for all such amounts. Alternatively, ONR may cancel any pending order from You, whether such pending order be for a purchase or sell and whether confirmed or not. In the event that ONR chooses to cancel an order from You, Your exclusive remedy, and ONR’s entire liability, in connection with such cancellation is, in the case of a purchase order, a refund of the amount that You paid in the transaction, or (2) in the case of a sell order, return of any items received by ONR that were included in the transaction.
In the event You die or otherwise become incapacitated during an outstanding transaction, ONR reserves the right to require Your authorized agent or estate to complete the pending transaction, or terminate the transaction and fully reclaim any money or inventory paid to You by ONR. Without limiting or waving any of such rights and/or remedies, ONR may also turn Your account over to a collection agency or an attorney for collection.
No delay or failure on the part of ONR in exercising any right or any remedy shall operate as a waiver of such right or remedy, and any partial exercise of any right or remedy shall not preclude or constitute a waiver of further exercise of that right or remedy, or the exercise of any other right or remedy. Further, in the event of any failure by You to comply with this User Agreement, ONR may, without limiting its other rights and/or remedies, suspend or terminate Your account. The suspension or the termination of Your account shall not affect Your obligations under this User Agreement.
In addition, and without limiting any other rights and/or remedies available to ONR, ONR may apply any of Your funds in its possession to pay Your monetary obligations to ONR, and may offset any monetary obligations that ONR has to You against Your monetary obligations to ONR. Finally, upon any failure by You to comply with Your obligations to ONR, ONR shall have all of the rights and the remedies available to ONR, whether at law, in equity, or otherwise, including without limitation, rights and remedies under this User Agreement.
You shall indemnify and hold harmless ONR, it’s owners, and agents, from and against any and all costs, damages, expenses, liabilities, and obligations, including, without limitation, reasonable attorneys' fees that ONR and/or You may incur as a result of, or in connection with, any breach of any representation or warranty made by You to ONR, or Your failure to comply with this User Agreement or any other policy adopted by ONR.
3. Limitation of Liability
You are subject to the Disclaimers contained in this User Agreement, and the limitations of liability and other policies adopted by ONR, all as set forth herein. In the event that, notwithstanding such limitations of liability and Disclaimer, ONR is determined to be liable to You in connection with any transaction between ONR and You, or Your use of this Website, Your exclusive remedy and ONR’s entire liability, if any, for any claims arising out of such transaction or Your use of this Website shall be limited to the amount that You paid in the transaction. In no event shall ONR or its owners and/or agents be liable to You or any third party for any special, punitive, exemplary, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not ONR has been advised of the possibility of such damages, and on any theory of liability, arising out of, or in connection with, any transaction between ONR and You (except as set forth herein), or the use of this Website or of any website referenced or linked to from this Website.
4. Force Majeure and Nonperformance
If ONR cannot perform any of its obligations as a result of any event that is beyond its control, including, without limitation, acts of God, acts of government, terrorism, sabotage, shortage of materials, delay in transportation or shipping, or delay in completion of monetary transactions due to bank and and/or other financial institution action or nonperformance, then ONR's delay or failure to perform such obligation shall be excused and ONR shall not be liable to You, for damages or otherwise, as a result of, or in connection with, such delay or failure.
5. Arbitration and Waiver of Jury Trial
You hereby waive the right to trial by jury in connection with any disagreement or dispute resulting from, or in connection with, this User Agreement and/or any transaction between You and ONR.
6. Notice of Complaint
Any claim, controversy, or dispute regarding a transaction with ONR must be filed in writing with ONR within fifteen (15) business days of the transaction date. If You fail to notify ONR within this time frame, You shall be prohibited from seeking claims against ONR.
You may send us notices under or in connection with this User Agreement by postal service to ONR, P.O. Box 19816, Pittsburgh, PA 15213 or by email to Sales@ONRcoins.com.
As proof of sending does not guarantee our receipt of your notice, You must ensure that You have received an acknowledgement from us, which will be sent within seven (7) working days of our receipt and should be retained by You.
D. Data Use, Legal Compliance, Linking, and Intellectual Property
1. Privacy and Your Data
ONR is obligated to comply with applicable data protection legislation. We will comply with a request for your personal information and/or information concerning your activities while using the Website made by law enforcement or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order. Furthermore, ONR reserves the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in this User Agreement or otherwise.
2. Background Checks
ONR reserves the right to perform criminal, credit, and general background checks on You when deemed to be in its best interest.
3. Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of this User Agreement or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
5. Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us.
The Website is Copyright, Dane C. Olevian Numismatic Rarities, L.L.C., 2014-2019. All rights reserved.
E. Additional Terms and Conditions
1. International Use
Although this Website may be accessible worldwide, ONR makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
2. Choice of Law and Forum Selection
This User Agreement shall be governed by, and interpreted in accordance with, the laws of the state of Pennsylvania, without regard to conflict of laws principles. Any proper court located in Allegheny County, Pennsylvania shall have exclusive jurisdiction of all disagreements and/or disputes between ONR and You. Any action to resolve such disagreements or disputes must be brought exclusively in such courts. You hereby consent to the personal jurisdiction of these courts for the purpose of resolving such disagreements or disputes, and You waive all objections to the jurisdictions of such courts.
3. Absence of Relationship
The sole relationship between ONR and You is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship, or any partnership relationship, between ONR and You exists.
You may not assign this User Agreement or any of Your rights or Your obligations under this User Agreement without the prior written consent of ONR, which may be granted or withheld by ONR at its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of ONR and You.
Either ONR or You may terminate this User Agreement, with or without cause, at any time by written notice to the other party. The termination of this User Agreement shall not affect the rights and the obligations of ONR and You with respect to the period prior to termination.
If any part of the User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from this User Agreement and shall not effect the validity and enforceability of any of the remaining provisions of the User Agreement.
7. Entire Agreement
This User Agreement (as amended from time to time) contain the entire agreement between You and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between You and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of this User Agreement. You confirm that, in agreeing to accept this User Agreement, You have not relied on any representation save insofar as the same has expressly been made a representation in this User Agreement and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of this User Agreement save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of this User Agreement.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.