Rail Yard

Terms & Conditions

By accessing or using the website (“Website”), you agree to be bound by the Terms set forth below.

Use of the Website.

You agree that you will NOT (1) use the Website for any illegal purpose; (2) use the Website in any manner which is prohibited by these Terms; (3) use the Website in any manner that could interrupt, damage or overburden it; (4) upload or transmit any defamatory, offensive, or obscene materials to the Website; or (5) interfere with, violate or infringe upon the rights of any other party or entity (including but not limited to their intellectual property rights). Any unauthorized use of this Website is prohibited. This Website is for your internal use only and you agree that you will not permit any unauthorized access or share information with any third parties without the advance written permission of Company. For the initial login, each user will be required to agree to a click his or her agreement to this Terms of Use and the Privacy Policy. Each user will be assigned one User ID (email address) and one Password. The User ID may not be used by anyone other than the person to whom it has been assigned. The unauthorized use of a User ID will result in the immediate termination of access to this Website and shall be deemed a breach of this Agreement.

Company's Rights.

Company reserves the right to edit materials posted or otherwise communicated to the Website; to remove any materials at its sole discretion; to terminate your access to any or all of the Website or its services at any time, without notice, for any reason whatsoever; to suspend or remove any portion or all of the Website; and to modify the Terms at any time without notice. Company may, but is not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. Company, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Please check the Terms periodically for such modifications. Your continued access or use of the Website shall be deemed your acceptance of the modified Terms.

External Links.

Links to other websites are provided by Company as a convenience to its users. Links to other websites do not imply an endorsement of the materials contained on those websites. Company is not responsible for the privacy practices or content contained at any site linked to this Website.

Intellectual Property and Licenses.

You agree that you will not copy, republish, upload, post, create derivative works, transmit, or distribute, in any manner, the material you find on the Website, including text, images, logos, graphics, code and/or software. You may print and download portions of material from the Website provided that you agree not to change or delete any copyright or proprietary notices on the materials. The materials on the website are protected by trade dress and international intellectual property law. The owner of the intellectual property (including but not limited to any copyrights and trademarks) are Company, its affiliates or other third party companies. All rights are reserved to the respective owners. You agree to grant to Company a non-exclusive, royalty-free, worldwide, perpetual license, for any postings or other information you communicate to the Website. You understand that anything that you post or otherwise communicate to the Company or Website is not deemed confidential. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings or any other of your communications in any form, medium, or technology now known or hereafter developed. You agree that you waive any claims against Company for any infringement or misappropriation of any proprietary right in your posts, emails or other communications to Company.

Ownership of Data.

Title to the Rail Yard Services shall remain with Company and shall not pass to the User. Company grants the User a non-exclusive non-transferable right to use the Services for its own internal purposes. This shall not include any right to copy the content of the website, nor to sell, supply or disclose the Services to any third party. This Agreement grants you the right to use the material solely for your internal purposes and projects. You may copy the material onto your computer or from your computer to other computers owned by you or you may make hardcopies of the material, provided that the material may not be resold, leased, loaned, distributed, or copied for use by any other person or third party or for any other use. You also may not transfer or assign the rights granted in this license to any other person. Any transfer or assignment of your rights under this Agreement without Company’s consent shall void the limited license granted under this Agreement. You also may be held legally responsible for copyright infringement, which is caused or encouraged by your failure to abide by the terms of this Agreement.

Suspected Copyright Infringement.

If you believe that any information on this Website infringes upon your copyright, please notify us immediately. In the notice please include: 1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; 2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity; 3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published; 4. Identification of the URL or other specific location on this Website where the material that you claim is infringing is located; you must include enough information to allow us to locate the material; 5. Your name, address, telephone number, and email address; 6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Our agent for notice of claims of copyright infringement on this Website can be reached as follows: By mail: Rail Yard, Inc., 916 Springdale Road Building 4 Suite 102 Austin Texas 78702 or via email at info@railyard.com.

Linking to this Website.

You may provide links to this Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any advertisements, terms of use, copyright notice, and other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by Company, and (c) Company may deactivate any link(s) at its discretion.

Disclaimer.

User acknowledges and agrees that the internet (including, without limitation, the world wide web) is a network of private and public networks, that Company has no control over the internet, and that Company is not liable for the discontinuance of operation of any portion of the internet or possible regulation of the internet which might affect, restrict or prohibit the use of the Website or Services. Company attempts to present accurate and reliable information on its Website but does not endorse, approve or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of such information. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. Company is not responsible for data loss resulting from the failure or loss of backup media.

Information provided on this website is for informational purposes only. No contractual rights are formed by using this website. Telecommunication Services can only be established with a fully executed Agreement between a Service Provider and Customer. All Agreements are subject to the conditions set by the Service Provider. Company is not liable for any differences between the rates published on this website and the rates actually offered by the Service Provider. Customer hereby releases Company for any and all claims with respect to the information on the website and the products and services offered on the website.

COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE INFORMATION ON THIS WEBSITE IS FREE FROM ERRORS OR UP TO DATE OR THAT THE SERVICES PROVIDED BY THIS WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE WEBSITE IS FREE FROM VIRUSES. ALL PRODUCTS AND SERVICES ADVERTISED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH A DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY, ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS WEBSITE OR ANY LINKED SITE. COMPANY SHALL NOT BE LIABLE AS A RESULT OF OR IN CONNECTION WITH THE DISCONTINUANCE, UNAVAILABILITY OR FAILURE OF THE PRODUCTS OR SERVICES OFFERED BY ANY SERVICE PROVIDER.

Indemnification.

You agree to indemnify, defend and hold harmless Company, its owners, officers, directors, employees, agents, licensors, licensees, suppliers and any third party information providers to the website from and against all claims, actions, causes of actions, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, resulting from the breach of these Terms or your use of this Website.

Miscellaneous.

This Agreement shall all be governed and construed in accordance with the federal laws of the United States and the state laws of Texas. You agree that any legal action or proceeding between Company and you shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Austin, Texas. Company’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Company may assign its rights and duties under this Agreement to any party at any time without notice to you. If any portion of the Terms are deemed to be unenforceable by a court of law, the offending portion shall be deemed severable and shall not affect the validity or enforceability of the remaining terms.