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ONTHERAIL, Inc. Website: Terms of Services Agreement
The terms, conditions, and guidelines associated with the use of the services (the "Services") provided by ONTHERAIL, Inc. ("ONTHERAIL") are set forth in this Terms of Service Agreement ("TOS"). Please read this TOS carefully before you use the Services. By using the Services you ("you" or "your," as appropriate) agree to abide by the terms, conditions, and guidelines set forth in this TOS. Please note that ONTHERAIL may update or change this TOS from time to time without notice. Such changes will be effective on the date that such modified TOS is posted on the ONTHERAIL web site at http://www.ontherail.com (the "Site"). USE OF THE SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE OF ALL CHANGES. Please also note that if ONTHERAIL determines at any time that you have abused or violated any of these terms, conditions and guidelines, ONTHERAIL reserves the right to terminate the Site and Services immediately without notice. Privacy ONTHERAIL knows how important privacy is to its users and is committed to honoring their privacy. You can review ONTHERAIL's privacy policy, which is incorporated by reference into this TOS, at www.ontherail.com Links to Third-Party Sites Some of the links on the Site will allow you to leave the Site. Third-party sites to which the Site may link ("Third-Party Linked Sites") are not in any way under ONTHERAIL's control, and ONTHERAIL DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH SITES. Absent express language to the contrary, ONTHERAIL does not intend links contained on the Site to be referrals to, or endorsements of, the Third-Party Linked Sites or the entities that operate them, and such links are provided for convenience only. Disclaimer of Warranties IN USING THE SITE AND/OR ANY THIRD PARTY LINKED SITE YOU AGREE THAT ALL INFORMATION AND SERVICES IN SUCH SITES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU AGREE THAT YOU USE THE SITE AND/OR ANY THIRD PARTY LINKED SITE AT YOUR OWN RISK. YOU FURTHER AGREE THAT ONTHERAIL AND ANY OTHER PARTY INVOLVED IN CREATING AND DELIVERING THE CONTENTS OR SERVICES OF THE SITE AND/OR THIRD PARTY LINKED SITES HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION, SERVICES OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH SUCH SITES. YOU ACCEPT THE FACT THAT ONTHERAIL IS ONLY PROVIDING YOU WITH ACCESS TO CONTENT AND SERVICES AND THAT IT DISCLAIMS ALL WARRANTIES RELATING TO AND ANY AND ALL LIABILITY ARISING FROM SUCH CONTENT OR SERVICES. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE SERVICES. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. General Disclaimer THE SITE, ALL THIRD PARTY LINKED SITES, AND ALL SERVICES AND MATERIALS PROVIDED IN SUCH SITES, ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE SUCH SITES, SERVICES, AND MATERIALS IS AT YOUR OWN RISK. NEITHER ONTHERAIL NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER ONTHERAIL NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. NEITHER ONTHERAIL NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS YEAR 2000 READY OR COMPLIANT, (4) IS SECURE, OR (5) WILL BE AVAILABLE AT ANY TIME OR FROM ANY LOCATION. NEITHER ONTHERAIL NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSERS, IF ANY, MAKES ANY WARRANTY OR REPRESENTATION REGARDING (1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, (2) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE SITE, OR (3) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. Limitation of Liability IN NO EVENT WILL ONTHERAIL, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON THE SITE, ANY WEB SITES LINKED TO SUCH SERVICES, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES OR AT BULLETIN BOARDS AVAILABLE THROUGH SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS OR DAMAGES ARISING FROM THE CIRCUMSTANCES DESCRIBED IN THIS PARAGRAPH REGARDLESS OF WHETHER ANY SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, INFRINGEMENT, DEFAMATION, MISAPPROPRIATION OR ANY OTHER TORT OR LEGAL THEORY AND REGARDLESS OF WHETHER ONTHERAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. License to ONTHERAIL By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Services, you are granting ONTHERAIL and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, transferable, worldwide license to:
Prohibited Uses The Services may include access to bulletin boards, which allow users to post messages and interact with other users. You understand that ONTHERAIL has no obligation to monitor the bulletin boards, the Site, or Third-Party Linked Sites. However, ONTHERAIL reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, that in ONTHERAIL's sole discretion is objectionable or in violation of these terms and conditions. As a user of the site, you agree to use the Services only for lawful purposes. Use of the Services for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services to:
ONTHERAIL may terminate the Services and access to this Site at any time without notice in its sole discretion. In the event of a termination, the disclaimers and limitations of liabilities set forth in this TOS shall survive. Users who violate this TOS may additionally incur criminal and/or civil liability. ONTHERAIL may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations. Trademarks The trademarks appearing on the Site, including those of ONTHERAIL are the property of their respective owners. ONTHERAIL's trademarks may be used only with the express written permission of ONTHERAIL. The design and layout of the Site, and all other Web sites owned, operated, licensed, or controlled by ONTHERAIL or its subsidiaries, if any, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or re-transmitted unless expressly permitted by ONTHERAIL. Other product and company names mentioned herein may be the trademarks of their respective owners. Copyright All materials on the Site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. ONTHERAIL's materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without ONTHERAIL's express written permission. All rights not expressly granted herein are reserved by ONTHERAIL. General You may create a bookmark in your browser to the home page of the Site. All rights not expressly granted in this Agreement are reserved to us. No other rights or licenses, whether express, implied, arising by estoppels, or otherwise are conveyed or intended by this Agreement. Indemnity You agree to indemnify, defend and hold harmless ONTHERAIL, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents, if any, from any and all third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) due to or arising from (i) your use of the Services and/or the Site, (ii) any content you post, email, transmit, or relay by use of the Services or to ONTHERAIL, a Third-Party Linked Site, and/or the Site, (iii) your violation of the TOS, or (iv) your infringement of any intellectual property or other right of any person or entity. Notice All notices to a party shall be in writing and shall be made either via email or U.S. mail. Notice shall be deemed given 24 hours after an email that is not returned to the sender is sent, or 3 days after deposit in the U.S. mail, to you at the address provided by you upon registration and to ONTHERAIL at the address set forth below: 2269 Chestnut Street #952 San Francisco, CA 94123 Changes to the Site and the Service ONTHERAIL reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or content. ONTHERAIL may also impose limits on features or restrict access to parts of the Site. Applicable Laws Both you and ONTHERAIL agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will govern all matters relating to use of the Site. ONTHERAIL makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. General Terms If any provision(s) of the TOS is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ONTHERAIL's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ONTHERAIL in writing. The section titles of the TOS are solely used for the convenience of the parties and have no legal or contractual significance. The TOS constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS will be effective only if expressly made in writing and signed by ONTHERAIL. |
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