Website Terms & Conditions
The following terms and conditions (“Terms”) govern your use of the RailComm LLC Web Site (“Web Site”) and the materials that are accessible on or from this Web Site. Please read them carefully before entering this Web Site, and refer to them as necessary as you explore. Your use of this Web Site means that you accept the Terms. If you do not agree with the Terms, please do not visit or use this Web Site. Also, please review the Terms from time to time because they may have changed, and changed Terms are effective from the date of the change.
Copyright and Restrictions on Use of Materials
RailComm LLC retains all copyrights in any text, images, graphics and their design and layout appearing on this Web Site. You are authorized to electronically copy documents (such as white papers, press releases, data sheets and product descriptions) published here solely for your informational, non-commercial, or personal use so long as each copy: (i) is not modified or revised in any manner, and (ii) plainly displays the copyright or other proprietary notices in the same manner as the original, and a statement that the materials are used solely with permission of RailComm LLC. Without RailComm’s written permission, you may not mirror, modify or otherwise alter any files on this Web Site for rebroadcast or print any information contained herein. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any RailComm copyright, patent, trademark or trade secret information.
Links to Third-Party Sites
Linked sites which you may choose to access through this Web Site are not under the control of RailComm, and RailComm is not responsible for the content, accuracy, or privacy practices of any linked site. RailComm provides links to you only as a convenience, and the inclusion of any link does not imply RailComm’s endorsement of the site or any of its content.
Limited Linking License for Other Users and Sites
If you wish to link to this Web Site, you may do so in accordance with the terms and conditions of a limited license provided you first acknowledge your agreement to such terms by signing and dating below and returning a hard copy of this document to Web Site Administrator, RailComm, 1387 Fairport Rd., Bldg 900, Fairport NY 14450. Upon such signing and returning of this document, you may include a link to RailComm’s homepage (www.railcomm.com) only. Linking to other content or another page within this Web Site is prohibited without RailComm’s express written permission. This limited license expressly prohibits the framing, reproducing, archiving, altering, editing, or modifying of RailComm’s content in any way or any other activity that may create a misimpression or confusion among users with respect to endorsement, sponsorship, or affiliation. You may use a text only link (RailComm) for the sole purpose of identifying your link to this Web Site. You may not use the RailComm name, logo, and/or trade name for any other purpose whatsoever. RailComm may revoke this limited license immediately if you breach any of its terms. RailComm may also revoke this license upon thirty (30) days’ notice without cause.
AGREED AND ACCEPTED BY:
Name of Company: ____________________________________________
Street Address: ________________________________________________
Tel: _________________________ Fax: ______________________________
E-mail Address: ________________________________________________
Printed Name: _________________________________________________
Linking Site (URL): ______________________________________________
All materials and software downloaded from this Web site are provided with “RESTRICTED RIGHTS”. Use, duplication or disclosure by the United States Government of any material or software downloaded from this Web Site is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19 and any other applicable successor regulations that may be applicable. Use of such materials or software by the Government constitutes acknowledgment of RailComm’s proprietary rights in such materials and software.
Export and re-export of any technology (including without limitation the electronic or other transmission of information and software) from this Web Site outside of the United States is subject to all U.S. export control laws. You and your organization will abide by such laws and related regulations.
Disclaimers and Limitations of Liability
THIS WEB SITE AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS FOR INFORMATIONAL PURPOSES ONLY. RAILCOMM EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND THE INFORMATION CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RailComm assumes no responsibility for errors or omissions in this Web Site or other documents which are referenced by or linked to this Web Site. Changes, deletions and additions may be made to the information contained in this Web Site by RailComm at any time without notice, and RailComm may change the products or services described in this publication at any time without notice. Not all products or services referenced in this Web Site are available in all areas. Please contact your local RailComm salesperson or dealer for further information before relying on any information contained herein. IN NO EVENT WILL RAILCOMM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION) BASED ON ANY USE OF THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE.
Applicable Law, Jurisdictional Issues, Severability, and Integration
Unless otherwise specified, this Web Site is controlled by RailComm in New York State. Accordingly, the Terms are governed by the laws of the State of New York, without regard to its conflicts-of-law and choice-of-laws provisions. If you or RailComm takes legal action relating to these terms, you and we agree to file such action only in the County of Monroe, State of New York, either in the Supreme Court of New York or the United States District Court for the Western District of New York, and you and we consent and submit to the exclusive personal jurisdiction of those courts for the purposes of litigating any such action. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining Terms. The Terms represent the entire agreement between RailComm and you relating to the subject matter herein, and you shall be responsible for the acts and omissions of your employees and agents in connection with their use of this Web Site.
We reserve the right to revise or make changes to this Web Site and these Terms at any time without notice.