RAILINC TERMS OF SERVICE

These Terms of Service describe the conditions that apply to your use of this website or affiliated
RAILINC Corp. (“Railinc”) websites (the "Service," "Website," or "Site"), including any material published or made available for purchase through the Website (“Content” or “Contents”). The Terms of Use constitute a legal agreement between you and Railinc; by accessing and using the Site, you acknowledge you have read, understood, and agree to be bound by all terms and conditions stated in or incorporated by reference in this legal notice. If you do not agree with these Terms of Service in full, please do not use this Site. Railinc may modify the Terms of Service from time to time without prior notice. By continuing to use the Service following such modifications, you agree to be bound by such modifications. If you have questions or wish to report a violation of these Terms of Service, please contact legal@railinc.com.

These terms were last updated on August 27, 2008.

General Terms and Conditions

In consideration for use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by any Railinc registration form, and (b) to maintain and update this information to keep it true, accurate, current, and complete at all times. If any information you provide is untrue, inaccurate, not current, or incomplete, Railinc may terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer to any third party the Service or use of or access to the Service (or any portion thereof, including the unauthorized reselling or transferring of access to restricted Content on the Service).

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including but not limited to a computer and modem or other access device.

By using the Website, including any third party websites, applets, software, and content contained therein, you agree that use of the Service is entirely at your own risk. THE SERVICE AND ALL CONTENTS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. RAILINC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION.

NEITHER RAILINC NOR ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO USE OF THE SERVICE AND/OR CONTENTS, THE INABILITY TO GAIN ACCESS TO OR USE THE SERVICE, OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF
RAILINC, ITS EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR
CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Railinc is the owner and/or authorized user of any trademark, registered trademark, and/or service mark appearing on this Site, and is the copyright owner or licensee of the Content and/or information on this Site, including but not limited to any screens appearing at the Site. Railinc claims no copyright for government works. You may not download and/or save a copy of any of the screens for any purpose except for your personal use or records or as otherwise provided in these Terms of Service. If you make any use of this Site other than as expressly provided in these Terms of Service, 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 trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on this Website.

If you believe your copyright has been infringed at Railinc.com, please notify Railinc at legal@railinc.com of the following:

1. A signature of a person authorized to act on behalf of the owner of an exclusive right that allegedly has been infringed;
2. Identification of the copyrighted work(s) claimed to have been infringed;
3. Identification of the material Railinc allegedly is infringing and that is to be removed or access to which is to be disabled;
4. All necessary contact information of the complaining party, including address, telephone number, and an electronic mail address;
5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Railinc reserves the right to change any information on this Website, including but not limited to revising and/or deleting information without prior notice. Clicking on certain links within this Website may take you to external websites for which Railinc assumes no responsibility of any kind (see "Links from and to this Website" below). The content presented at this Site may vary depending upon your browser limitations.

Software Applications

Any software that is made available through the Website (“Software”) is the copyrighted work of Railinc and/or its third-party suppliers. If applicable, use of the Software shall be governed by the terms of a license agreement (the "End User License Agreement") that may accompany or be included with the Software. In addition to these Terms of Service, you also agree to comply with the terms of all End User License Agreements that may be associated with the Software.

Railinc Content Made Available Through the Service

Any Content you may order or otherwise obtain from Railinc – whether in electronic, printed, or video format – is only for use by the entity ordering the Content. The Content may not be copied or distributed to any other individual or entity for any commercial purpose without prior written authorization by Railinc.
 “Commercial purpose” is defined as reselling or redistribution, including without limitation using Content to enhance the value of any shipment monitoring or logistics service sold to third parties.

Content is offered with the understanding that Railinc does not render legal, accounting, security, or similar advice; if you require such advice, you should seek the services of a competent professional in the required area. Certain manuals or videos 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. By purchasing, viewing, using, and keeping the Content, you release the author, editors, publishers, distributors, and any agents or representatives affiliated with the Content of any claims, demands, or causes of action based on the Content.

Third Party Provided Content

Data, including without limitation rail event reports, shipment tracking, and tracing information may be provided by individual railroads, the American Association of Railroads, various government entities, and other third parties. Neither Railinc nor any of its data or Content providers guarantees the accuracy, completeness, or timeliness of information on this Site, and they shall not be liable for any errors or delays in the Content or for any actions taken in reliance on the Content.

User Conduct on the Service

You may not:

1. Restrict or inhibit any other user from using and enjoying the Service;
2. Post or transmit any unlawful, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would amount to a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law, including without limitation U.S. export control laws and regulations;
3. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by Railinc) or engage in spamming or flooding;
4. Post or transmit any information or software that is or contains a virus, Trojan horse, worm, or other harmful component;
5. Post, publish, transmit, reproduce, distribute, or exploit any information, software, or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
6. Upload, post, publish, transmit, reproduce, or distribute information, software, or other material obtained through the Service that is protected by copyright or other proprietary right without obtaining permission of the copyright owner or right holder; or
7. Upload, post, publish, reproduce, transmit, or distribute any component of the Service itself or any of its derivative works because the Service is copyrighted as a collective work under U.S. copyright laws.

You acknowledge and agree Railinc has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Railinc will not intentionally monitor or disclose any private electronic mail messages unless required by law. Railinc reserves the right to remove or refuse to post any information or materials, in whole or in part, that, in
Railinc’s sole discretion, are unacceptable, undesirable, inappropriate, or in violation of these Terms of Service.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post, or otherwise transmit through this Website, including data, questions, comments, or suggestions (collectively, "your Communications") will be treated as non-confidential and nonproprietary.

By submitting material to Railinc or the Site, you grant or warrant that a third-party owner of the material has granted: (i) Railinc an irrevocable, royalty-free, worldwide, non-exclusive right to use, display, reproduce, modify, and distribute the material; and (ii) users of the Site the right to download to one computer or print one copy of the material for personal and non-commercial use so long as those users do not remove or modify the trademark, copyright, service mark, or other proprietary notices. In addition,

Railinc is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose, including but not limited to developing and marketing products using such information, without compensation to you.

Failure to Comply With Terms and Conditions; Termination

This Site is solely intended for the convenience of Railinc’s customers. Railinc reserves the right to exclude from this Site any person at any time with or without cause. You acknowledge and agree that
Railinc may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activity that Railinc, in its sole discretion, believes violates any of the Terms of Service or Railinc rights or is otherwise inappropriate for continued access.

You acknowledge and agree that Railinc, in its sole discretion, may deny you access through Railinc to any materials stored on the Internet or to any third party services, merchandise, or information on the Internet.

You agree to defend, indemnify, and hold Railinc and its affiliates harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software, or other materials through the Service by you or users of your account or related to any violation of these Terms of Service by you or users of your account.

Links from and to this Website

You acknowledge and agree that Railinc 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 or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to Railinc's Website comes from a variety of sources. Some of this information comes from official Railinc licensees, but some may come from unofficial or unaffiliated organizations and individuals, both internal and external to Railinc. Railinc does not author, edit, or monitor these unofficial pages or links. 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 or resources.

Other Information

Railinc is taking 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.

If you wish to make purchases through the Service, you may be asked to supply certain information, including credit card or other payment information. You agree not to hold Railinc liable for any loss or damage of any sort incurred as a result of any such dealings through the Service. You agree that all information you provide through the Service for purposes of making purchases will be accurate, complete, and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service. It is Railinc’s policy that all purchases of Content are nonrefundable.

Security and Privacy Statement

Registration and other information about you are subject to Railinc’s privacy policy and shall be used only in accordance with that policy. For more information, please go to the Privacy Policy posted at the bottom of every page of the Service.

Miscellaneous

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

The Terms of Service and the relationship between you and Railinc shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and Railinc agree to submit to the personal and exclusive jurisdiction of the courts located within the State of North Carolina.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Headings in the terms and conditions of this Terms of Service are for convenience only and shall have no legal meaning or effect.

No action arising under this Terms of Service may be brought at any time more than twelve (12) months after the events giving rise to the alleged cause of action occurred.

This agreement contains the entire agreement between you and Railinc with regard to your use of this Site. The Terms of Service, and not the conduct between you and Railinc or any trade practice, shall control the interpretation of the agreement between the parties respecting the Site. No transmission by you to Railinc can serve to modify or amend in any fashion any provision of this agreement. Should any part of this agreement be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The waiver by Railinc of any provision of this agreement shall not constitute either an ongoing waiver of a requirement of this agreement or a waiver of any other breach of this agreement.