Be sure to read the Terms of Service below as they cover the terms and conditions that apply to your use of this website or affiliated Railinc web sites (the "Service," "Website," or "Site"), including any material published or made available for purchase through the Service (“Content” or “Contents”). Railinc Corp. (“Railinc”) may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. If you have questions or wish to report a violation of these Terms of Service, please contact info@railinc.com.

These terms were last updated on March 21, 2005.

General Terms and Conditions

You are viewing a Website made available to You by North America Railroad Publishing Services, Inc. (“NARPS”), a contract publisher for Railinc.  The Service is provided at the URL http://www.narps.net/nationaltariffs.htm, which is wholly owned by and registered to NARPS and licensed to Railinc for presentation of the Service.

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any Railinc registration or order form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Railinc has the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer 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 a computer and modem or other access device.

By using the Railinc.com web site or other affiliated Railinc web sites, including any third party web sites, 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. SPECIFICALLY, 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, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER RAILINC NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE AND/OR CONTENTS OR 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, SUCCESSORS, ASSIGNS, AFFILIATES, CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY 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 at this Web Site, and is the copyright owner or licensee of the Content and/or information on this Website 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 except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws 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 in a work has been infringed at Railinc.com, please provide Railinc’s agent for receipt of notices of infringement the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.

Identification of the copyrighted work claimed to have 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 that site.

Identification of the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Railinc to locate the material.

Information reasonably sufficient to permit Railinc to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

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.

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’s agent for notices of infringement is: Crys Truelove, (mailing address) 7001 Weston Parkway, Suite 200, Cary, North Carolina 27513, (telephone) 919-651-5000, (email) crys.truelove@railinc.com.

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 might take you to other web sites for which Railinc assumes no responsibility of any kind for the content, availability or otherwise. (See "Links from and to this Website" below.) The content presented at this Site may vary depending upon your browser limitations.

Railinc Content Made Available Through the Service

Any Content that you may order from Railinc, whether in electronic, printed or video format, are for use by the entity ordering the publication(s) only.  The Content may not be copied and distributed to any other individual or commercial 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. 

Contents are offered with the understanding that neither Railinc or NARPS, as a publisher, are engaged in rendering legal, accounting, security or professional advice; if such advice is required, the services of a competent professional in the required area should be sought.  Certain manuals or videos may contain instructional materials.  Represented activities could present a danger to individuals if the instructions are not followed carefully; it should be noted that 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 based on the reliance on information found in the Content. 

Third Party Provided Content

Data may be provided by Railroads, the American Association of Railroads, various government entities and other third parties. Neither Railinc nor any of its data /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 thereon.

User Conduct on the Service

While using the Service, you may not:

1.       restrict or inhibit any other user from using and enjoying the Service; or

2.       post or transmit any unlawful, fraudulent, libelous, 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 constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or

3.       post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Railinc) or engage in spamming or flooding; or

4.       post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component; or

5.       post, publish, transmit, reproduce, distribute or in any way 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); or

6.       upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or

7.       upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.

Railinc has no obligation to monitor the Service. However, you acknowledge and agree that 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 message unless required by law. Railinc reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its 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 ("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 Railinc or the Site the right to download to one computer or print one copy of the material for personal, non-commercial use, without removing or modifying 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 and Termination

You acknowledge and agree that Railinc may terminate your account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that Railinc in its sole discretion believes violate any of the terms and conditions, violate the rights of Railinc, or is otherwise inappropriate for continued access.

You acknowledge and agree that Railinc may in its sole discretion deny you access through Railinc to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through Railinc, and Railinc shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

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 web sites 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 specified by you. However, the Internet is an open system and we cannot and do 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 mechanism 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.  Railinc’s refund policy is 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 only be used 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

The Terms of Service and the relationship between you and Railinc shall be governed by the laws of the State of North Carolina, United States of America 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, United States of America.

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.

The failure of Railinc to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

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 facts occurred upon which the cause of action arose.

This Terms of Service and not the conduct between us or any trade practice, shall control the interpretation of the agreement between the parties respecting the Site.

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