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Terms and Conditions of Use


 

Please Read These Terms and Conditions Carefully Before Using This Site

RailMarketplace.com Inc. ("RailMarketplace") makes available this Web site (the "Web Site") subject to these terms and conditions of use as modified from time to time ("Web Site Terms and Conditions"). The Web Site may be used for informational purposes only. By using the Web Site or downloading materials from the Web Site, any user who visits the Web Site ("You") agrees to abide by and be bound by these Web Site Terms and Conditions. This site is not intended for persons under 13 years of age.

Additionally, this Web site may contain additional terms and conditions that govern particular features or offers. In the event that the terms and conditions of this notice conflict with any other terms and conditions contained in the Web site, the terms and conditions of this notice shall control.

If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.

Limited License
 

Subject to the terms and conditions set forth in these Web Site Terms and Conditions, RailMarketplace grants You a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree (1) not to use the site or materials for any purpose that is unlawful or prohibited by these Web Site Terms and Conditions, (2) not to use the site or materials in any manner which could damage, disable, overburden, interrupt, or otherwise impair the operation of the site in any way, and (3) not to use the site or materials in any manner which could interfere with any other party's use and enjoyment of the site and materials. You may not attempt to gain unauthorized access to the site, other accounts, computer systems or networks connected to the site, through hacking, password mining, or other means. You may not obtain or attempt to obtain any materials or information through any means no intentionally made available through the Web site. You may not upload any files that contain or otherwise introduce any viruses, Trojan horses, worms, time bombs, corrupted files, or any other software or programs that may damage the operation of the site or any computer or other property of RailMarketplace or any other party.

RailMarketplace authorizes You to view and download the information ("Materials") at the Web Site only for your personal use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) You must not transfer the Materials to any other person unless You give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, RailMarketplace does not grant any express or implied right to You under any patents, trademarks, copyrights or trade secret information.

Compliance with Laws
RailMarketplace has an express policy of complying with all applicable laws, statutes, ordinances and regulations (including without limitation those governing export control, unfair competition, antitrust, intellectual property and false advertising) regarding the use of the Web Site.  The operation of the Web Site is not intended to facilitate collusion or other illegal agreements among competitors or acts that would violate a third party's copyright, trademark or other intellectual property rights or confuse or deceive consumers. Accordingly, each user hereby represents and warrants that it does not intend to and will not use the Web Site to violate antitrust, copyright, trademark, consumer protection or other laws.

Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. RAILMARKETPLACE 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. RAILMARKETPLACE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. RAILMARKETPLACE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEB SITE AT ANY TIME WITHOUT NOTICE. RAILMARKETPLACE DOES NOT WARRANT THAT THE WEB SITE OR ANY SOFTWARE OR SERVICES MADE AVAILABLE ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR WITHOUT BUGS. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE WEB SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Linked Sites/Third Party Sites
As a convenience to You, RailMarketplace may provide, on this Web Site, links to Web sites operated by other entities. If You use these sites, You will leave this Web Site. If You decide to visit any linked site, You do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. RailMarketplace makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that RailMarketplace or this Web Site's sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of RailMarketplace.com or any of its affiliates or subsidiaries.

Information Provided by You
RailMarketplace.com does not want You to, and You should not, send any confidential or proprietary information to RailMarketplace.com via the Web Site. You agree that any information or materials that You or individuals acting on your behalf provide to RailMarketplace will not be considered confidential or proprietary. By providing any such information or materials to RailMarketplace, You grant to RailMarketplace an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and You further agree that RailMarketplace is free to use any ideas, concepts or know-how that You or individuals acting on your behalf provide to RailMarketplace. You further recognize that RailMarketplace does not want You to, and You warrant that You shall not, provide any information or materials to RailMarketplace that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Privacy Policy
All personally identifiable information collected through the Web Site will be handled in accordance with our Privacy Policy, which is incorporated by reference into these Web Site Terms and Conditions.

Limitation of Liability
IN NO EVENT SHALL RAILMARKETPLACE OR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF SUCH PARTY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND MATERIALS.

Indemnification
By using the Web Site, You agree to defend, indemnify and hold RailMarketplace, and its affiliates and subsidiaries, and their respective directors, officers, employees and agents harmless from any and all claims, demands, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Web Site, any violation of these Terms of Use by You, or any User Content You post on or through the Web Site.

Changes
RailMarketplace.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Web Site Terms and Conditions in whole or in part, at any time. Changes in these Web Site Terms and Conditions will be effective when notice of such change is posted on the Web Site, and without actual notice to You. Your continued use of the Web Site after any changes to these Web Site Terms and Conditions are posted will be considered acceptance of those changes.

RailMarketplace last revised these Web Site Terms and Conditions on the date listed at the beginning of this document.

RailMarketplace.com may terminate, change, suspend or discontinue any aspect of the Web Site, including the availability of any features of the Web Site, at any time.

RailMarketplace.com may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. RailMarketplace.com may terminate the authorization, rights and license given above and, upon such termination, You shall immediately destroy all Materials and copies thereof.

International Users and Choice of Law
RailMarketplace controls, operates and administers this Web Site from its offices within the United States of America. RailMarketplace makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Web Site or export the Materials in violation of U.S. export laws and regulations. If You access this Web Site from a location outside of the United States, You are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Illinois, without giving effect to its conflict of laws provisions, except that the United Nations Convention of the Sale of Goods shall not apply.

These Web Site Terms and Conditions, including the RailMarketplace.com Privacy Policy and all additional terms and conditions contained in the Web Site, all of which are expressly integrated herein, constitutes the entire agreement between RailMarketplace.com and You with respect to your use of the Web Site or the Materials. Any cause of action You may have with respect to your use of the Site or Materials must be commenced within ninety (90) days after the claim or cause of action arises or be forever barred. If for any reason a court of competent jurisdiction finds any provision of these Web Site Terms and Conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Web Site Terms and Conditions, and the remainder of these Web Site Terms and Conditions shall continue in full force and effect. The failure of RailMarketplace to exercise or enforce any right or provision of these Web Site Terms and Conditions shall not constitute a waiver of such right or provision.



 
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