1. Disclaimer of Warranties
The site is provided by RailroadWare™ on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, RailroadWare™ makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. RailroadWare™ shall have no liability for any interruptions in the use of this Website. RailroadWare™ disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
2. Limitation of Liability
RailroadWare™ SHALL NOT be liable for any damages whatsoever, and in particular RailroadWare™ shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if RailroadWare™ has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold RailroadWare™, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
4. Modifications and Interruption to Service
RailroadWare™ reserves the right to modify or discontinue the Service with or without notice to the Member. RailroadWare™ shall not be liable to Member or any third party should RailroadWare™ exercise its right to modify or discontinue the Service. Member acknowledges and accepts that RailroadWare™ does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Third-Party Sites
6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While RailroadWare™ makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
RailroadWare™ makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
7. Governing Jurisdiction of the Courts California
8. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyrights and other Intellectual Property Protection
This Site as a whole, and all material on this Site, is protected by copyright and other intellectual property rights. See separate copyright notice for further information.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2013 RailroadWare™.com, with all rights reserved, or is the property of RailroadWare™ and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of RailroadWare™ is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of RailroadWare™.
RailroadWare™ and RailroadWare™.co are proprietary marks of RailroadWare™.com. RailroadWare™’s trademarks may not be used in connection with any product or service that is not provided by RailroadWare™, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RailroadWare™.
All other trademarks displayed on RailroadWare™’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with RailroadWare™.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, RailroadWare™.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
236 W. East Ave. Suite A
Chico, CA 95926
By Email: firstname.lastname@example.org
11. Other Terms