In no event will PATINA®, its employees, associates, affiliates, subsidiaries, officers, directors, and/or authorized agents, be responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the use of the Site, the use of any third party site linked to the Site, or advertiser sites, or any of their products or services, including any risk to User’s computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via the Site or User’s access to it, the inability to access the Site, site-related offers, products or services, content or information contained within the Site. As a condition of use of the Site, the User agrees to indemnify PATINA®, its employees, associates, affiliates, subsidiaries, officers, and/or authorized agents, against any and all liability, expenses (including attorney’s fees) and damages arising out of claims resulting from User’s use of the Site, the use of any third party site linked to the Site, and/or advertiser sites, including without limitation any claims alleging facts that if true would constitute a breach by User of this Website Use Policy terms and conditions. The User’s sole remedy is to stop using the Site and the offers, products and services within the Site and Site related web pages.
All Site related logos and service marks displayed on the Site and other related sites and on PATINA® material are the property of PATINA®. The PATINA® logos, including, other PATINA® Site related logos (collectively the “The PATINA® Trademarks”) are trademarks or service marks of PATINA®. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by PATINA® or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the PATINA® Trademarks displayed on this Site, without PATINA®’s prior written permission in each instance. We prohibit use of any of the PATINA® Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by PATINA® in writing. All goodwill generated from the use of the PATINA® Trademarks will inure to our benefit.
There are third party sites, links, listings, products and/or services, business search engine, business directory, Sponsored Results, Sponsored Links, domain name registration and related services, incorporate in any state, postings, material and information from Users, vendors, suppliers, third-party affiliates, online partners, advertisers, lenders, brokers, airlines, airfare booking service providers, travel related service providers, long distance service providers, credit card providers third-party Ads and related third-party products and services, and other service providers, individuals, representatives, and others contained in the Site (“Third-Party”, “Third-Party Link” or “Third-Party Links”), including pointers and links from Third-Party sites to other Internet websites. Certain products and/or services offered by PATINA® or a PATINA® owned website may be through affiliation with a Third-Party site, such as a business search engine and business directory, online business incorporation services, third-party ads and related third-party products and services, and others within the PATINA® , and are not under PATINA® ‘s control. Users use of any Third-Party Link, their products and/or services, and/or business dealings with any Third-Party Link is at User’s own risk. The Third-Party Links are published in good faith and sometimes without verification. PATINA® does not assume any responsibility or liability for any information, communications, materials, products or services available at Third-Party Links, or at any link contained in a Third-Party Link site, or any listing or posting within the Site or Third-Party Link site, or any business dealings between any User and a Third-Party Link or others.The User’s correspondence or business dealings with any Third-Party Link, or participation in promotions of advertisers, Third-Party Link sites, links on PATINA® Storefront, Marketplace or affiliated websites, other Users or any other Third-Party site, product, service, listing or posting found on or through the Site or Third-Party Link site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or SHOWROOMSs associated with such dealings, is/are solely between the User and such Third-Party Link site, advertiser, other User or other third party site. The User agree that PATINA® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, Third-Party Link sites, and/or any other third party links, other Users and others on the Site.All Users are advised to check Third-Party Link and their website(s), their rules, regulations, policies and procedures, advertiser links, other Users, their listings, individuals and representatives, SHOWROOMSs, ads, messages, products and/or services, and carefully check companies, merchants, Third-Party Link sites, other Users, advertisers, and details before entering into any agreement of any kind with, and/or making payments to, any company, Third-Party Link, other User, advertiser, any other third party site, and/or others, and before disclosing personal information. If in doubt, please consult with an attorney or do not use the service.PATINA® can refuse or cancel any Third-Party Links, any listing, posting, or messages at any time without notice, or can amend the contents of any Third-Party Link, listing, posting, or messages at its sole discretion without notice. PATINA® does not endorse or refer any Third-Party Link, listing, posting or any other material or information of any third party or any User. These Third-Party Links, sites, listings, postings, materials and/or information are not referrals or endorsements by PATINA® . Once a User links to a Third-Party Link site or access a product or service provided by or through a Third-Party Link site or other third party links, the User has left the PATINA® Site. Each individual Third-Party Link site has or may have its own set of policies, terms and conditions. User assumes sole responsibility for use of any Third-Party Links, their products and/or services, listings, postings, advertiser sites, and other links and pointers.Third-Party Link prices, fees and rates posted on the Site or on any Third-Party Link site are subject to change without prior notice. Users are advised to confirm with Third-Party Link the prices, fees and rates and to read and understand the terms and conditions of product(s) and/or service(s) before signing for any Third-Party Link product(s) and/or sevice(s).
The PATINA® Site may provide from time to time Public Areas, which may include bulletin boards, directories, online division websites, other web pages, affiliated sites, where Users can post their projects, products, services, information, companies, jobs, resumes, requests, equipment, comments, opinions, or other materials or items (“Posting”), for purposes that includes, but not limited to, marketing, advertising, sales, promotions, finding or offering employment, listing or posting products or services, posting projects, deals, discussions with other Users or others, consideration by third parties, others, and/or other Users, business to business discussions, networking, advise, comments or other reasons. Posting(s) are posted at User’s own risk. PATINA® is not responsible for any Posting whatsoever, or for any relationship that may be established between Users of the Site, third parties, lenders, brokers, and/or others or for any advise given by any User or others to another User or others. PATINA® reserves the right to review any Posting and to reject, delete or edit any of them, for any reason, at any time without notice. Users may ask for advise, assistance or pose questions to other Users, via the PATINA® Site or through relationships established via the PATINA® Site. Any questions answered, product or service and/or any advise or opinion that any Advisor give to any User is Advisor’s own advise, product, service and/or opinion and not that of PATINA®. Each Advisor is solely responsible for the advise, information and/or opinions that Advisor gives to any User and others. An Advisor may give advise or opinions of financial, legal, or other professional issues, however, Users should not treat the Advisor’s response as a financial, legal, or professional advice. A professional advise or opinion can only be given by a qualified professional who is fully aware of a User’s specific situation and particular circumstances and requirements. An Advisor may have a personal or professional interest in certain businesses, services or products, that Advisor may be connected with or recommends. Therefore, Users should be aware that such interests may influence any advice or opinion given by an Advisor. The User’s correspondence or business dealings with any other User, Advisor, Third-Party Link, or any other person or entity, including payments of any kind and/or delivery of related goods or services, and/or any other terms, conditions, warranties or SHOWROOMSs associated with such dealings, are at User’s own risk and solely between the User and other party. The User agree that PATINA® shall not be responsible or liable for any loss or damage of any sort incurred by the User as the result of User’s dealings with any third party, Third-Party Link, Advisor, other User, or any other person or entity for any reason whatsoever. Additional risks arise out of dealings with foreign nationals, underage persons or people acting under false pretense or making deceitful SHOWROOMSs. Because user authentication on the Internet is difficult, PATINA® cannot and does not confirm that each User who accesses this Site is who they claim to be. Users are advised that before disclosing any information to a third party, Advisor, other Users, Third-Party Link, or any other person or entity to first check the other party carefully, and all details before entering into any agreement of any kind with any third party, Advisor, other Users, Third-Party Link, person or entity, and before making payments of any kind. If in doubt, please consult with an attorney. PATINA® does not take responsibility for any Posting that may be listed incorrectly. If you find any errors in your Posting(s), please notify us via e-mail, so that corrections can be made immediately. Public Areas within the Site are offer for convenience only. Further Disclaimer. User acknowledges that no affiliation, joint venture, partnership, employment or agency relationship, association or any other relationship whatsoever exists between the User of this Site and PATINA® as a result of this Agreement or use of this Site. User agrees not to hold himself or herself out as a representative, agent, or employee of PATINA® and PATINA® shall not be liable for any SHOWROOMS, act or omission of the User.
Governing Law and Remedy. The products and services offered at the Site are available only to Users who can form a legally binding contract under applicable law, and are void where prohibited or restricted by law. This Site may be used only for lawful purposes. PATINA® controls and operate this Site from its offices within the State of Tennessee, United States of America. PATINA® does not claim that products, services and materials in this Site are available for use in locations other than states in which said products, services and materials are authorized. A User choosing to access this Site from other locations, do so on own initiative, and is responsible for compliance with any and all applicable laws. This Policy and these terms and conditions shall be governed by and construed in accordance with the substantive law of the state of Tennessee, United States of America, without regard to conflicts of laws provisions. ARBITRATION AS EXCLUSIVE REMEDY: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, USE OF THE SITE, THIS POLICY OR THESE TERMS AND CONDITIONS, OR THE INTERPRETATION, VALIDITY, ENFORCEMENT, BREACH OR TERMINATION THEREOF, SHALL BE RESOLVED BY ARBITRATION IN NEW YORK IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. Notwithstanding any provision of law to the contrary, it is expressly agreed that the arbitrator shall have no power to award treble, punitive, consequential or any other damages in excess of compensatory damages and each party hereby irrevocably waives any right to assert or to recover any such damages. The arbitrator’s award shall be final and binding between the parties, their successors and assigns and, notwithstanding any other choice of law provision in this Policy or these Terms and Conditions, all issues regarding the arbitration process, specifically including the enforceability of the arbitrator’s award, shall be governed by the United States Arbitration Act. Judgment upon the award rendered by the arbitrator may be entered solely in the state and federal courts located in Memphis, Tennessee and the parties hereby irrevocably consent to the jurisdiction of these courts for that purpose. ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES SPECIFIC ACCEPTANCE IN WRITING OF ARBITRATION AS SET FORTH IN THIS PARAGRAPH AS THE EXCLUSIVE REMEDY FOR RESOLUTION OF DISPUTES IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH. Submitting Proposals and/or Requests. PATINA® is a professional organization dedicated in maintaining a very high degree of quality and integrity in business origination. No oral SHOWROOMS is ever made. PATINA® has the right to refuse service to any User and/or to refuse any proposal, product or service at any time without notice. If a User submits an application, transaction, or request, referred to herein as a “Proposal or Proposals”, and said Proposal is rejected by PATINA®, PATINA® has no obligation to notify the User, and in most cases, the User will not be notified. When submitting documentation to PATINA®, a User must submit documentation that does not have to be returned. Documentation submitted to PATINA® will not be returned. Further, all Proposals submitted to PATINA® must include; the Full Name, Address, Telephone Number and E-mail Address of the User. Proposals that have been accepted for further consideration by PATINA® are subject to, among other things, qualification, meeting underwriting criteria, and final written approval. A User should not rely and/or make any commitments based on any Proposal that has been accepted for further consideration by PATINA®. PATINA® reserves the right, at any time, without notice to: (1) reject any Proposal, including Proposals that had been accepted for further consideration; (2) screen a User or Users; (3) approve or reject and/or terminate the relationship with any User, including Users that have submitted Proposals, or has a Proposal pending with PATINA®. Other conditions apply. THE USER EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PATINA® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. PATINA® MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT(S), SERVICE(S), INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THROUGH A THIRD-PARTY LINK SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, THIRD-PARTY LINK SITE OR PRODUCTS AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PATINA® OR THROUGH OR FROM THE SITE, THIRD-PARTY LINK SITE OR PRODUCTS AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS POLICY. THE USER EXPRESSLY UNDERSTAND AND AGREE THAT PATINA®, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, DIVISIONS, AFFILIATES, AND/OR SUBSIDIARIES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY OR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PATINA® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) DEALINGS BETWEEN USER AND ANY THIRD PARTY LINK SITE, ADVERTISER, OR ANY OTHER COMPANY OR ENTITY LINKED TO THE PATINA® SITE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY LINK SITE, ANY OTHER SITE LINKED TO THE SITE, ADVERTISER, OTHER USERS, OR PRODUCTS OR SERVICES; OR (vi) ANY OTHER MATTER RELATING TO THE SITE, THIRD-PARTY LINKS, ADVERTISERS, PRODUCTS AND/OR SERVICES. THE MATERIALS OR CONTENT AT THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PATINA® DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. PATINA® RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. PATINA® MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. Severavility. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Indemnification. User agrees that it shall defend, indemnify, save and hold PATINA® harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, (“Liabilities”) asserted against PATINA®, its agents, its customers, officers and employees, that may arise or result from any product or service provided or performed or agreed to be performed or any product or service sold or purchased by User, its agents, employees or assigns. User agrees to defend, indemnify and hold harmless PATINA® against Liabilities arising out of (i) any injury to person or property caused by any product(s) or service(s) sold or purchased or otherwise distributed in connection with PATINA®; (ii) any material supplied by User infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which User sold or purchased via the PATINA® website or a Third-Party Link site. Notices. Except with respect to service of process, all notices may be sent by e-mail to the e-mail address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. Inquiries. Please direct inquiries about the Site to our Webmaster. Please click here to contact us via email.
Other Conditions and Restrictions Apply. Any rights not expressly granted herein are reserved.