Terms and Conditions
THE WEBSITE AND USE
This website (the “Website”) is owned and provided by Patriot Coal Corporation and its subsidiaries and affiliates (collectively, the “Company”) for your personal and non-commercial use. Your use of this Website is subject to the following terms and conditions and your use of this Website constitutes your acceptance of these terms and conditions and your agreement to be bound by them. If you do not accept these terms and conditions, please do not use this Website.
The Company reserves the right to change these terms and conditions at any time without notice in its sole discretion. You are responsible for regularly reviewing these terms and conditions.
You shall use this Website in accordance with all applicable international, federal, state and local laws and regulations. This Website and its contents are intended to comply with the laws and regulations in the U.S. All information available on the Website is subject to U.S. export control laws and may be subject to the laws of the country in which you reside.
You shall not post or transmit through this Website any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing or otherwise objectionable. You shall not post or transmit through this Website any information or material which encourages conduct that would constitute a criminal offense, gives rise to liability or otherwise violates any law or regulation, violates these terms and conditions, or contains any advertising or solicitation with respect to products or services.
The entire contents of this Website, including but not limited to the Website as a collective work, text, design, graphics, interfaces, or code, are subject to copyright protection. All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to the Company or other respective owners that have granted the Company the right or license to use such Marks.
This Website contains information and materials (collectively, “Materials”) which are derived in whole or in part from information and materials produced by the Company and/or provided by other sources. You may not copy, reproduce, republish, display, perform, modify, upload, post, transmit, license, sell or distribute in any way or decompile, reverse engineer or disassemble any of the Materials, except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. Any other use of the Materials is strictly prohibited.
This limited authorization to access the Materials is not a transfer of title in the Materials and by your use of this Website, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or rights under any patent, trademark or copyright of the Company or any third party.
If you breach any of these terms and conditions, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed Materials. You may also be subject to liability to the Company or to third parties as a consequence of such breach.
THIS WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES. THE COMPANY ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. IN ADDITION, THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE OR ANY MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR SERVERS WHICH THE COMPANY USES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE BY THE USE OF THIS WEBSITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. POSTINGS TO THIS WEBSITE ARE MADE AT SUCH TIMES AS THE COMPANY DETERMINES IN ITS DISCRETION. USERS SHOULD NOT ASSUME THAT THE INFORMATION CONTAINED ON THIS WEBSITE HAS BEEN UPDATED OR OTHERWISE CONTAINS CURRENT INFORMATION. THE COMPANY DOES NOT REVIEW PAST POSTINGS TO DETERMINE WHETHER THEY REMAIN ACCURATE, AND INFORMATION CONTAINED IN SUCH POSTINGS MAY HAVE BEEN SUPERSEDED.
LIMITATION OF LIABILITY
Your use of this Website is at your sole risk. If you are dissatisfied with any of the Materials contained in the Website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue accessing and using the Website.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEBSITE, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS OR OTHER HARMFUL COMPONENTS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, affiliates, licensors, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these terms and conditions and/or your use of the Website and/or Materials.
The Company may provide links to websites operated by other entities over whom the Company has no control (“Third Party Websites”). The Company makes no warranty or representation of any kind regarding, and does not sponsor, endorse or accept responsibility for, any Third Party Website or the information or materials appearing thereon or any products and services described thereon, and shall have no liability for damages or injuries of any kind arising from such content or information. Links to Third Party Websites do not imply that the Company is affiliated or associated with, or that any such website is authorized to use any trademark, trade name, service mark, logo or copyright of the Company.
USER SUBMITTED CONTENT
This Website may allow users to post text, images, audio, video, links to other websites, or other content to the Website. The Company does not endorse these individuals and is not in any way associated with any of the materials that they may post on the Website or link to from the Website. The Company shall not have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individuals or in connection with any conduct of these individuals. Subject to the privacy terms and conditions below, any communication or other material you send to the Company through the internet or post on the Website is and will be deemed non-confidential and the Company shall have no obligation of any kind with respect to such information. The Company shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any lawful purpose whatsoever.
Some of the information on this Website contains statements of the Company’s expectations, intentions, plans and beliefs that constitute “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934 and are intended to come within the safe harbor protection provided by those sections. You can identify these forward-looking statements by the use of forward-looking words such as “outlook,” “believes,” “expects,” “potential,” “continues,” “may,” “will,” “should,” “seeks,” “approximately,” “predicts,” “intends,” “plans,” “estimates,” “anticipates,” “foresees” or the negative version of those words or other comparable words and phrases. Any forward-looking statements contained on the Website are based upon the Company’s historical performance and on current plans, estimates and expectations. The use of this forward-looking information should not be regarded as a representation by the Company or any other person that the future plans, estimates or expectations contemplated by the Company will be achieved. These forward-looking statements are based on numerous assumptions that the Company believes are reasonable but are subject to a wide range of uncertainties, and business risks and actual risks may differ materially from those discussed in the statements. Please refer to the documents that the Company files from time to time with the Securities and Exchange Commission (the “SEC”), specifically the Company’s most recent Form 10-K and Form 10-Q, which are available on the Website and at www.sec.gov. These documents contain and identify important factors that could cause the results to differ materially from those contained in the Company’s forward-looking statements. These factors should not be construed as exhaustive and should be read in conjunction with the other cautionary statements that are included in the Company’s filings with the SEC. If one or more of these or other risks or uncertainties materialize, or if the Company’s underlying assumptions prove to be incorrect, actual results may vary materially from what the Company projected. Consequently, actual events and results may vary significantly from those included in, contemplated or implied by the Company’s forward-looking statements. The Company does not undertake any obligation (and expressly disclaims any such obligation) to update or revise the forward-looking statements, except as required by federal securities laws.
The Company’s servers may collect the domain names, not the e-mail addresses, of users. In general, the Company may gather information about users of the Website collectively in order to determine, for example, which areas and Materials users access more frequently so the Company can improve the content of the Website. When you visit the Website, the Company may collect personal information from you (such as your name, address, phone number and e-mail address) if you voluntarily provide it to the Company. Depending on the purpose for which the information was provided to the Company, the Company may use this information for purposes such as communicating with you regarding the Company’s products or providing you with information that you request. Based on the information you provide the Company, the Company may obtain additional information about you, such as U.S. Postal Service address change data or demographic information, from commercially available sources. If you give the Company your explicit consent to do so, the Company may share your personal information with other marketers at unaffiliated companies. The Company may also provide your personal information to third parties who provide services on its behalf. These parties may use the information solely in conjunction with the specific services they provide for the Company (e.g., responding to your questions or administering or supplementing the Company’s databases). The Company reserves the right to (i) transfer your personal information in the event that the Company sells or transfers all or a portion of its business or assets to a third party, (ii) share your personal information within the Company, (iii) disclose any personal information to the extent required by law, regulation, subpoena, court order or by a government entity and/or (iv) disclose personal information to third parties if the Company has reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law or legal rights, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating these terms and conditions.
This Website may contain links to other websites. The Company disclaims any responsibility for the content or the privacy practices employed by other sites and makes no representations whatsoever about any other website that may be linking to the Website. Third party websites may have different privacy policies and you should review them.
These terms and conditions shall be governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of law. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions constitute the entire agreement between the Company and you with respect to your use of the Website.