Acceptance of Terms
This web site is owned and operated by or on behalf of RailRunner NA, Inc., a Deleware corporation, and is made available to you for information, education, and communication purposes only and is subject to these Terms of Use (“TOU”). By accessing one or more areas of this web site, you are agreeing to be bound by these TOU, and all applicable federal, state, and local laws and regulations (including export and re-export control laws). If you do not agree with any of these terms, please promptly exit this web site. Any claim relating to the use of this web site is governed by the laws of the Commonwealth of Massachusetts.
Access
You may, subject to the terms of these TOU, access, download or print materials contained on this web site for your direct personal or business use in connection with planning or managing your specific communications infrastructure projects or for other purposes as offered from time to time on the web site.
Availability
RailRunner makes every effort to make this web site continuously available. However, RailRunner does not guarantee that this web site will be available at any given time nor that use of this web site will not be subject to interruption.
Conduct
You agree not to restrict or inhibit other users from using this web site by any means including without limitation by overburdening, damaging, or disabling any RailRunner and/or third party server on which this web site resides. You agree that you will not attempt to post or transmit any unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise inappropriate materials, post or transmit any information or software that contains a virus or other harmful or disruptive component or malware, or post or transmit materials in violation of the intellectual or proprietary property rights of RailRunner or any third party.
You agree not to use the web site or any materials included in or extracted from the web site in any way which is unlawful, including, without limitation, engaging in “database scraping” or “screen scraping” to obtain inventory lists or other proprietary information. You agree that you will not access or attempt to access password protected, secure or non-public areas of the web site and understand that you may be subject to prosecution if you attempt to access prohibited areas of this web site. As requested by RailRunner, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity.
You agree that the materials on this web site are intended only for your personal or your direct business use and that you will not re-publish, re-transmit, otherwise incorporate materials from this website in any document in any medium of publication, or provide any such materials to a third party.
Linking to This Web Site
You may not create a link to this web site for any purpose without first obtaining the written permission of RailRunner.
Use of Materials Posted to This Web Site
You may copy, download, quote from, or otherwise use materials posted to this web site by RailRunner provided that you attribute those materials to RailRunner, that use of the materials is for non-commercial or personal use only, and that the materials will not be copied to, posted on, incorporated into, or referred to on or within any web site, web log (“blog”), or used in any commercial print or broadcast media. Use for any other purpose without the prior written consent of RailRunner in each case obtained is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Security of Information
Your personal information deserves to be treated with the utmost respect. RailRunner will take commercially reasonable precautions to secure that information within its computer systems and its physical premises. For further information, please refer to the Privacy Notice contained elsewhere on this web site.
Information You Send to RailRunner
Any information you send to RailRunner by use of this web site will be deemed not to be confidential information, regardless of any marking or notice to the contrary contained in that information. You agree that any information that you provide RailRunner through this web site thereupon becomes the property of RailRunner and that RailRunner may discard that information or use it for any purpose whatsoever without obligation of any kind to you or the payment of any compensation to you.
Opting Out
If you do not wish to receive e-mail announcements, notifications, or other communications from RailRunner, please contact the web site administrator and request to be removed from the mailing list. Updating or deleting of personal information may also be handled by contacting the web site administrator. In both cases, the web site administrator may be reached by e-mail at webadmin@railrunner.com.
Click Through Web Sites
RailRunner may, from time to time, post hypertext links on the web site allowing you to “click through” to one or more other web sites not owned or controlled by RailRunner. You understand and agree that: (i) RailRunner does not own or control these hypertext linked sites; (ii) any hypertext links to sites posted by RailRunner are offered for your convenience and interest; and (iii) posting of a hypertext link does not constitute an endorsement by RailRunner of the form, substance, or content of the site. RailRunner is not responsible for the form or substance of any “web broadcasting” or other form of data, graphic, audio, video, or other transmission which you may receive voluntarily or involuntarily as a result of accessing a hypertext linked site. RailRunner makes no representation of any kind concerning a hypertext linked site or the accuracy or applicability to you of any information presented there. RailRunner expressly disclaims any responsibility for the content of any site, for any computer worms or viruses, trojan horses, or other malware that you may acquire by visiting a hypertext linked site, or any consequences to you of any kind resulting from visiting or using information acquired from a hypertext linked site. It is solely your responsibility to evaluate the substance and suitability to your intended use of all information and contents of a hypertext linked site.
Change Notice
RailRunner may modify, change, update, or replace the TOU in whole or in any part at any time. The most current version of the TOU is always the version that is published on this web site.
Errors and Omissions
RailRunner strives to keep the information on this web site accurate, complete and up- to-date at all times. However, the web site may at any time contain typographical errors, errors of substance, or omissions, whether or not material. RailRunner disclaims any responsibility for any damage or loss related to the accuracy, completeness or timeliness of any part of the contents of this web site. If you discover that this web site or any materials contained herein are in error, please contact the web site administrator at webadmin@railrunner.com.
Limitation of Liability
Use of this web site is at your own risk. Railrunner is not responsible for any losses, damages or consequences to you or to any third party relating directly or indirectly to the use of this web site, to the use of materials made available on this web site or any hypertext linked site, or any action or inaction that you take as a result of any visit you may make to this web site or any hypertext linked site. In no event will RailRunner be liable to you or to any other party for any consequential, special or indirect damages arising out of your use of this web site or any hypertext linked site, any materials made available on this web site or any hypertext linked site, or any action or inaction that you take as a result of any visit you may make to this web site or any hypertext linked site, including without limitation any lost profits or cost savings, even if RailRunner has been advised of the possibility of such damages.
This web site is provided to you on an “as is, where is, with all faults” basis. RailRunner expressly disclaims any express or implied representation or warranty to you of any kind, including without limitation any implied warranty of merchantability or fitness for any particular purpose. RailRunner makes no representation or warranty of any kind to you as to whether this web site infringes the intellectual or proprietary property rights of any third party, nor will RaiRunner defend you or hold you harmless against such a claim brought against you by any third party.
Intellectual Property Rights
All materials contained in this web site are governed by the patent, copyright, trademark, or other law of the United States and/or foreign countries. All intellectual or proprietary property rights are held by RailRunner and/or a third party. None of these materials may be reproduced, modified, published, posted, transmitted, have derivative works created therefrom, be framed in or used on another web page or web site, or be transferred, sold, or distributed in any form or by any means without the prior written consent of RailRunner and/or the third party owner of the affected intellectual or proprietary property rights in each case obtained. All rights not expressly granted in these TOU are reserved. Any unauthorized use of the materials appearing on this web site may violate patent, copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Trademarks
“RailRunner NA, Inc.”, “RailRunner”, the stylized “RailRunner” logo, “DIAMOND ROAD/RAIL”, and “Terminal Anywhere”, and any other RailRunner logos used on this web site are the trademarks of RailRunner NA, Inc. All rights therein are reserved by RailRunner. Other product and company names featured on this web site are or may be the trademarks of their respective owners.
Copyright Notice
Web site copyright © 2011 by RailRunner NA, Inc. All rights reserved.
Contact Information
You may contact RailRunner for any purpose concerning these Terms of Use by leaving e-mail for the RailRunner web site administrator at webadmin@railrunner.com.