These Terms (“Terms”) apply to and shall govern your use of and/or reliance upon this website or affiliated Railinc Corp. ("Railinc" or “We”) websites ("Site(s)"), content published and/or made available for purchase or otherwise through the Site.

If you are accessing the Site on behalf of, or in the service of an organization, corporation or any other legal entity (“Company”), then you are agreeing to these Terms on behalf of that Company. You represent and warrant that you are duly authorized and have legal capacity to create binding and enforceable legal obligations that apply to your Company and that by accessing the provisions on this Site and/or manually clicking assent hereto you are agreeing to the Terms and are creating legal obligations for you and your Company.  As used herein, ‘you’ and ‘your’ refers to both that Company and you as an agent of that Company.

These Terms constitute a legal agreement between you and Railinc. By accessing, purchasing, and/or using the Site and/or Services, you acknowledge you have read, understood, and agree to be bound by the Terms, including all terms and conditions stated in or incorporated by reference herein.  If you do not agree with these Terms in full, please do not use this Site. Railinc may modify the Terms from time to time without notice. When modifications are made, we will make the revised version available on this Site, which will indicate the date on which revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. You understand and agree that your continued access to and/or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.  If you have questions or wish to report a violation of these Terms, please contact legal@railinc.com.

These Terms were last updated on March 4, 2022.

Disclaimer of Warranties and Liability

By using the Site, including any third-party websites, applets, software, and content contained therein, you agree to the following: (1) USE OF RAILINC SITE AND CONTENT ARE ENTIRELY AT YOUR OWN RISK; (2) RAILINC SITE AND CONTENT ARE PROVIDED “AS IS”; (3) RAILINC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO (A) ANY WARRANTIES OF THE AVAILABILITY, ACCURACY, TIMELINESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES, (B) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (C) WARRANTIES THAT THE SITE SHALL RUN BUG-FREE OR ERROR-FREE OR THAT ANY ERRORS OR BUGS WILL BE FIXED, (D) WARRANTIES THAT THE SITE SHALL RUN WITHOUT ANY INTERRUPTION OR DELAY, (E) WARRANTIES THAT THE SITE WILL BE COMPLETELY SECURE, AND (F) ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. IT IS UNDERSTOOD THAT THE PROVISION OF CONTENT OR SERVICES IS DEPENDENT UPON THE CONTINUED AVAILABILITY OF COMMUNICATIONS FACILITIES TO RAILINC AND THAT RAILINC DOES NOT WARRANT SUCH AVAILABILITY. ADDITIONALLY, RAILINC MAKES NO WARRANTIES REGARDING RAILINC CONTENTS AND SERVICES THAT HAVE BEEN MODIFIED OR ALTERED BY ANY PARTY OTHER THAN RAILINC, OR ANY PROBLEMS CAUSED BY COMPUTER HARDWARE OR OPERATING SYSTEMS. IN NO EVENT SHALL RAILINC, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, PARENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANYINDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO USE OF THE SITE AND/OR CONTENTS, OR THE INABILITY TO GAIN ACCESS TO OR USE THE SERVICE, EVEN IF RAILINC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Furthermore, Railinc’s liability arising out of your use of the Site, Services, or content, whether based on negligence, breach of contract, warranty or any other legal theory, shall in no event exceed an amount equivalent to the proportionate charge to you for the specific period of Services during which such failure and/or breach allegedly occurred, and you hereby release Railinc from any further liability arising out of your use of the Site, Services, or content. In no event shall Railinc be liable for any lost profits, revenue or business opportunities, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, or for any claim or demand against you by any other party. The remedies specified in herein are exclusive.

Data, including without limitation rail event reports, shipment tracking and tracing information may be provided by individual railroads, the Association of American Railroads, various government entities, and/or other third-parties. Neither Railinc nor any of its above-referenced data or service providers guarantee the accuracy, completeness, or timeliness of information on this Site, and you release them from any liability for any errors or delays in content or for any actions taken by you in reliance on the Service attributable to data they may have provided.

Indemnification

You agree to defend, indemnify, and hold Railinc, its parent and affiliates, and their employees, agents, and officers (“Indemnities”) harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) resulting from third-party claims arising in any way from your use of the Site or the placement or transmission of any message, information, software, or other materials through the Site by you or users of your account or related to any violation of these Terms by you or users of your account, regardless of any negligence of any Indemnities.

Railinc’s Rights

Railinc is the owner and/or authorized user of any trademark, registered trademark, and/or service mark or the copyright owner or licensee of the Services and content on this Site, including, but not limited to any screens appearing on the Site. You may not download and/or save a copy of any of the screens for any purpose except for your authorized business use or records or as otherwise provided in these Terms. If you make any use of this Site other than as expressly provided in these Terms, you may violate copyright and other laws of the several states, the United States, or other countries and may be subject to penalties. Railinc does not grant any license or other authorization to any user of its registered trademarks, service marks, other copyrightable material, or other intellectual property by placing them on this Site.

Certain manuals or videos on the Site may contain instructional materials. Represented activities could present a danger to individuals if the instructions are not carefully followed.  Also, references to specific strategies, cases, or resources are to be regarded as illustrative only.

Railinc reserves the right to change any information on this Site, including, but not limited to revising and/or deleting information without prior notice. The content presented at this Site may vary depending upon your browser limitations.

Copyright Infringement

If you believe your copyright has been infringed at by any content on the Site, or by any Railinc Services, please provide Railinc at legal@railinc.com with a document signed by someone in the Company authorized containing the following:

  1. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that We can locate it;
  3. Your address, telephone number, and, if available, e-mail address, so that We may contact you about your complaint; and
  4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Links to External Websites

Clicking on certain links within this Site may take you to external websites. You acknowledge and agree that Railinc does not guarantee and has no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by Railinc of the sponsors of such sites, content, products, advertising, or other materials presented on such sites. You acknowledge and agree that Railinc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on such external sites.

Security and Privacy Statement

Railinc takes reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those individuals or entities you identify. However, the Internet is an open system and Railinc cannot and does not guarantee that the personal information you have entered will not be intercepted by others and decrypted, and Railinc shall have no liability in such event.

User Conduct

Registration and other information about you are subject to Railinc's privacy policy and shall be used only in accordance with that policy. For information on the use and/or removal of your information by Railinc, please see the Railinc Privacy Policy.  The Privacy Policy is posted at the bottom of the webpage of the Service and at the following link https://public.railinc.com/privacy.

Miscellaneous

Your use of the Sites and the information provided under these Terms do not constitute a joint venture, partnership, or agency relationship between you and Railinc.

Recognizing the global nature of the Internet, you agree that your use of the Site and/or the Services will be in compliance with all applicable laws and regulations, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Headings of these Terms are for convenience only and shall have no legal meaning or effect.

These Terms contains the entire agreement between you and Railinc with regard to your use of this Site. The language of the Terms, and not the conduct between you and Railinc or any trade practice, shall control the interpretation of the Terms. No transmission by you to Railinc can serve to modify or amend in any fashion any provision of these Terms. Should any part of these Terms be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and any provision held to be invalid or unenforceable shall be reconstituted in a way to render them valid and enforceable while best meeting the intent of the parties. The waiver by Railinc of any provision herein shall not constitute either an ongoing waiver of a requirement of or a waiver of any other breach of these Terms.

 

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