Terms of Use

INTRODUCTION
Welcome to www.railshippers.com. This site is owned by the North American Rail Shippers Association ("NARS") and is operated by and on behalf of NARS.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your agreement to these Terms of Use and our Privacy Policy. Click here to review our Privacy Policy. If you do not agree to these Terms of Use, please do not use this site. We reserve the right, at our discretion, to change, add, remove or otherwise modify portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of changes to these Terms of Use means you accept those changes.

OWNERSHIP

All other trademarks that are not owned by the NARS that appear on this site are the property of their respective owners, which may or may not be affiliated with or connected to the NARS Family of Companies.


CONTENT LINKED TO ANY NARS SITE

Please exercise discretion while browsing the Internet using any NARS or NARS Regional Association sites. You should be aware that while you are on a NARS site, you could be directed to other sites that are beyond our control. This includes links from regional sections and sponsors. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. NARS reserves the right to disable links from third party sites to any NARS Companies site. We make no representations concerning the content of sites linked to any NARS site or listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a NARS site. If you have any concerns regarding any external link, you should contact the link’s administrator or Website.

DISCLAIMER

THE MATERIALS IN THIS NARS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NARS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY NARS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY NARS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NARS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY NARS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from any NARS site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from any NARS site or third party content on our sites. We do not endorse any of the merchandise (if any) except as expressly provided, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

CREDIT CARDS

NARS does not share your credit card information with anyone else. For more information, please read our Privacy Policy.

To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold the NARS Family of Companies, the NARS’ Family of Companies’ subsidiaries and other affiliated companies/organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney’s fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other NARS site or of any site linking to this or any other NARS site. You shall use your best efforts to cooperate with us in the defense of any claim.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE NARS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY NARS SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF THE NARS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN THE NARS.

IN NO EVENT SHALL NARS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY PURCHASE OR ATTEMPT TO PURCHASE MERCHANDISE.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in any NARS site are presented solely for the purpose of providing a common ground for rail owners, vendors and users. NARS makes no representation that materials on any NARS site are appropriate or available for use in any particular location. Those who choose to access a NARS site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

TERMINATION

These Terms of Use are effective until terminated by either party. Your access to any and all NARS sites may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term of these Terms of Use. Upon such termination, you must cease use of the NARS site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of all NARS sites. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

North American Rail Shippers Association
2115 Portsmouth Drive
Richardson, TX 75082
nars@railshippers.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed or multiple copyrighted works at a single online site are covered by a single notification, and a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
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.

GENERAL PROVISIONS

By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in Dallas County, Texas and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.