terms of use

Terms of Use

This website is owned and operated by American Short Line and Regional Railroad Association (“ASLRRA”).

These terms of use (“Terms”) apply to your use of the ASLRRA website (“the Site”) and any online services, including membership features (“Services”). By accessing the Site, using the Services, and/or submitting any material to be posted or used on the Site, you accept these Terms in full and without reservation. If you do not agree with these Terms, or any part of the Terms, please exit the Site and no longer access it or use the Services. We may update the Terms from time to time and recommend that you review them periodically to ensure that you agree to them. Your continued use of the Site will mean that you accept any changes. The date of the latest version of the Terms will be listed at the bottom of this webpage. Note that we may use third parties for certain services, including, for example, payment processing, and they may have separate terms that apply.

 

Children's Online Protection

The Site and Services are not directed at children under age 13. We will not knowingly collect personal information from any child under the age of 13.

 

Ownership of Materials

All text, graphics, logos, applications, tools, documents, widgets, button icons, images, audio and video clips, digital downloads, data compilations, indexes, desktop tools, software (including source code) and any other material or information appearing on or used in connection with operating the Site and the arrangement and presentation of the content of the Site (including information provided by others and/or in the public domain); and the overall design of the Site (collectively, the “Content”) are the property of us or others, and are protected by U.S. and international copyright laws.

The Content of our website is intended solely for personal, noncommercial (other than for the purchase of products and services from our Site) use by the users of our Site and Services. You may view, copy, and print the Content displayed on the Site subject to the following conditions:

  1. You use the material for noncommercial use only,
  2. You keep intact all copyright and other proprietary notices,
  3. You make no modifications to any materials,
  4. You do not republish or redistribute any materials; and
  5. You do not use the materials in a manner that suggests an association with any of our products, services, or brands.

For purposes of these Terms, the use of any such material on any other website or computer environment is prohibited. No right, title, or interest in any downloaded Content or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software. You may not attempt to decompile or reverse engineer any of the software used by ASLRRA.

 

Copyright and Trademark Information

We have the sole and exclusive right to have and use all service marks, trademarks, emblems, descriptive or designating marks, and other words now or heretofore used by ASLRRA. ASLRRA is the owner of the ASLRRA name, service mark, and trademark, and of all other associated names, marks, slogans, insignias, logotypes and designs.

All other trademarks displayed on this website or through links to other websites are the property of the respective trademark owners.

 

Non Transferable License Agreement

By accessing and downloading any ASLRRA template document or documents, User understands and agrees that it is the proprietary intellectual property of the American Short Line and Regional Railroad Association (ASLRRA). In consideration for receiving this non-transferable license, User agrees that (1) User will not to modify the document except in fields where the document requires user to complete the field with its own data, and (2) User will not transfer, copy, or in any way make the material or materials subject of the non-transferable license available to or use for the benefit of any other person or entity without the express written permission of ASLRRA. For purposes of this non-transferable license "User" shall mean the person accessing and or downloading the material subject of this non-transferable license as well as that person's employer and other employees, agents and officers of that employer and any contractor acting on behalf of that employer. User agrees to pay all ASLRRA attorney fees and court costs associated with enforcing the terms of this non-transferable license and further agrees to equitable and injunctive relief that may be sought as well as all remedies available at common law or by statute.

 

Registration

Your access to and use of certain areas of the Site is subject to our acceptance of your registration. You agree to supply us with all information requested in the registration process, and to comply with any additional registration terms and conditions as from time to time may be applicable. These may include, without limitation, being a current ASLRRA member in good standing, not being barred from using the Site, and manifesting your assent to these Terms. We have the right to terminate any registration at any time and for any or no reason.

In submitting your registration, you will be asked to provide a username and a password, and may be asked to provide personal information, contact, and membership information. We expect that you will, and you agree to, keep your account information, username and password in a safe place, and take other reasonable steps to prevent unauthorized use of or access to the Site and your personal information.

 

User Content

The Site may facilitate or permit you to upload, post or share content (“User-Supplied Content”). Any User-Supplied Content you submit for posting to the Site is deemed non-confidential and we shall have no obligation of any kind with respect to such User-Supplied Content. You are solely and exclusively responsible for any User-Supplied Content you post to the Site, and all the consequences of posting it.

We do not make, adopt, confirm, endorse or ratify in any way any statements, representations or information contained in any such User-Supplied Content, nor do we recommend, join in, endorse or sponsor any positions taken by, activities, products, services, policies or practices of, any person or entity who posts or causes to be posted to the Site such User-Supplied Content. The person or entity who submits for posting on the Site any User-Supplied Content is solely and exclusively responsible for such User-Supplied Content, and we assume or undertake no duty to screen or review any User-Supplied Content, or to confirm the truth, accuracy, reliability or completeness of any User-Supplied Content, or to investigate or determine whether any of the same is truthful, reliable, accurate, or complete, or whether any of the same violates or infringes any right of any person or entity, including (without limitation) privacy or publicity rights, rights to reputational integrity or against defamation, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, exclusivity rights, and fair competition rights, nor do we assume or undertake any duty whatsoever to revise, edit, remove or modify any User-Supplied Content..

We reserve the right, but do not undertake any obligation or duty, to refuse to post or to remove any Content, at any time, at our sole discretion, including without limitation any User-Supplied Content which violates these Terms, is otherwise objectionable, or for any other reason we deem appropriate.

As to any User-Supplied Content or information you submit or otherwise provide to us by any means for posting to the Site, you grant us an exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, publish, distribute, display, reproduce, modify, perform, preserve and create derivative works of all such User-Supplied Content or information in any media now known or hereafter developed, and to sublicense and permit and authorize others to do any or all of the same on terms and conditions acceptable, in our sole discretion to us, any or all of which rights we may assign, in whole or in part, to others, without notice to or consent from You.

You further agree that we may disclose or remove User-Supplied Content (a) as required by a court or government agency; (b) to enforce these Terms; (c) to respond to any claim that any Content or User-Supplied Content violates the rights of any third party; or (d) to protect our rights.

Remember, any personal information you include in your registration or in User-Supplied Content you submit for posting on the Site may be collected and/or used by third parties. We take reasonable steps to protect your personal information in accordance with our Privacy Policy but we are not responsible for the security of any personal information you submit for posting to the Site.

 

Prohibited Conduct

You may not attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the website by hacking, password “mining,” or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look up, trace, or seek to trace any information on any other user of or visitor to the site, or any ASLRRA member or individual associated with ASLRRA, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

 

Reporting of Unlawful or Abusive Submissions

If you have knowledge of abusive, infringing, or otherwise unlawful Content or other content on this Site or other unlawful or abusive conduct associated this Site, we want to know. Please send an email to ASLRRA@aslrra.org.

 

Links to Other Websites

The Site may be linked to other websites and services that are not maintained by us. We are not responsible for the content of those sites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed on or otherwise linked to the Site. The inclusion of any link to such websites does not imply endorsement us. We make no representations whatsoever about any other website that you may access through this one.

Please exercise discretion while browsing the internet. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Please keep in mind that whenever you give out personal information online that information can be collected and used by people you don't know.

We reserve the right to disable links from third-party sites to our Site.

 

No Warranties

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASLRRA DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASLRRA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASLRRA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

The material in this website could include technical inaccuracies, typographical errors, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

 

Limitation of Liability

Under no circumstances, including but not limited to negligence, shall we be liable for any direct, indirect, incidental, punitive, special, or consequential damages that result from the use of or the inability to use the Site or Services or a website that is linked to this Site, even if we have been advised of the possibility of such damages. Applicable law may not allow 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 our 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 this site.

 

Indemnification

You agree to defend, indemnify, and hold ASLRRA and our affiliates, subsidiaries, joint ventures, and third-party service providers, and our respective employees, contractors, agents, officers, and directors, harmless from all liabilities, claims, and expenses (including reasonable attorney fees) that arise out of or are related to any Content you submit, post, transmit, or make available through the Site or by mail; your violation of these Terms or your violation of any third-party rights.

 

Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of Washington D.C. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this website shall be filed only in the federal courts located in Washington D.C. You agree to the personal jurisdiction by and venue in the courts in Washington D.C. and waive any objection to such jurisdiction or venue. Any claim under these Terms against ASLRRA must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions and such severable part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

 

Special Provision for Users Outside the United States

If you interact with ASLRRA and/or our website from outside the United States, you consent to having your personal data transferred to and processed in the United States.

 

How to Contact Us

If you have any questions, you can contact us at:

Mailing address: 50 F Street, N.W. Suite 500, Washington, DC 20001

Email: ASLRRA@aslrra.org

Phone: (202) 628-4500

Fax: (202) 567-2823

This is the entire agreement between the parties relating to the use of this website.

These Terms were last updated March 31, 2022.