Terms of Use

Except as otherwise set forth herein, these general terms and conditions of use ("Terms and Conditions") govern your use of Pateholdings.net,("Pate") web site. By accessing and using Pate’s web site, related data, and/or related services (collectively, "Data"), you understand, agree and acknowledge that you agree to be bound by the following Terms and Conditions and that your use of Pateholdings.net shall indicate your acceptance to this agreement. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit this site and not view or otherwise use this site.

NO WARRANTY. PATE PROVIDES THE DATA "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PATE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PATE AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL PATE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST PATE WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DATA.

Copyright. All content included on this site is the property Pate, and is protected by copyright law. Pate retains all right, title and interest in this web site's content. Pate grants you the nonexclusive, nontransferable, limited, and revocable right to print individual pages from this web site, without alteration, for your own personal use, and for your or your clients' consideration with respect to the matters published on the site. Except as authorized in these Terms and Conditions, you may not produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the contents of this site or any related software without the prior written consent of Pate.

Changes; Discontinuance. Pate reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. Pate may suspend or discontinue the Data at any time to you and/or to others, without notice.

Indemnification. You hereby agree to defend, indemnify and hold harmless Pate, its advertisers, users, their directors, officers, employees and agents from and against all claims, damages, awards and expenses, including attorneys' fees, arising out of or resulting from your use of this web site.

Authority Cooperation. To the extent required to do so by law, Pate will fully cooperate with any law enforcement authorities or court order requesting or directing Pate to disclose information regarding users of the website.

Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Alabama, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Tuscaloosa County, Alabama for any and all disputes, claims and actions arising from or in connection with the Data and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

Contact Information. For further information or to contact us with questions, concerns, or comments, you may contact us via:

Email: website@pateholdings.net

U.S. Mail: P.O. Box 20828, Tuscaloosa, AL 35402

Pate does not guarantee that it will receive email or other information timely and accurately. Pate shall not be legally obligated to read, act on, or respond to any such email, contact, or other information.

General. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Pate may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any. Pate’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Pate with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Pate with respect to the Data.

— Updated April 2010