Terms & Conditions
Terms and Conditions
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of RAILEAN. The collective work includes works that are licensed to RAILEAN. Copyright 2012, RAILEAN ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with RAILEAN or purchasing RAILEAN products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with RAILEAN or to purchase RAILEAN products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by RAILEAN. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, RAILEAN disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. RAILEAN does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. RAILEAN does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Rights and Reproductions
You may request materials for educational presentations, professional research, print and electronic publications, and media projects. All requests for materials MUST be made in writing. Permission for such use is granted at the sole discretion of RAILEAN. Please contact us for information concerning permissions. Certain fees may apply.
All trademarks, service marks and trade names of RAILEAN used herein are trademarks or registered trademarks of RAILEAN or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify RAILEAN trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without RAILEAN's prior written consent. The use of RAILEAN's trademarks on any other website or network computer environment is not allowed. You may not use the RAILEAN's trademarks as a hyperlink (whether an image or text trademark) on or to any other website unless establishment of such a hyperlink is approved in advance.
You shall not use RAILEAN's name or any language, pictures or symbols which could, in RAILEAN's sole judgment, imply RAILEAN's endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book or other written material of whatever nature, without RAILEAN's prior written consent.
For all charges for any products and services sold through our website, we will bill your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse RAILEAN for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.
Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on our website; or (iii) bypass any measures we may use to prevent or restrict access to our website.
Neither RAILEAN nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Your use of and browsing of our website are at your own risk. EVERYTHING ON OUR WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. RAILEAN MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON OUR WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. RAILEAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAILEAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN OR ON OUR WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT RAILEAN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
You agree to defend, indemnify and hold RAILEAN and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of our website or the Internet or the placement or transmission of any message or information on our website by you or your authorized users.
Limitation of Liability
RAILEAN DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF OR BROWSING OUR WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM OUR WEBSITE. IN NO EVENT SHALL RAILEAN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OUR WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF RAILEAN OR A RAILEAN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW FOR 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 RAILEAN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE OR FOR THE PURCHASE OF YOUR ITEM(S).
RAILEAN's website may contain links to websites operated by parties other than RAILEAN. Such links are provided for your reference only. RAILEAN does not control such websites and is not responsible for their contents. RAILEAN's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
All suggestions received through our website become the sole property of RAILEAN. Should a suggestion be implemented, RAILEAN is under no obligation to provide compensation.