1. GENERAL. Norfolk Southern Railway Company, including but not limited to its subsidiaries, affiliates and parent, (collectively "NS") make available the information contained in nscorp.com ("this Site") subject to the terms and conditions set forth below. Your use of this Site constitutes your acceptance of these terms and conditions without modification by you.
2. LIMITED LICENSE. This Site is solely intended for the convenience of the customers of NS. NS reserves the right to exclude from this Site any person at any time with or without cause. NS reserves the right at its sole discretion to terminate your access to this Site at any time with or without cause. Your access to this Site constitutes a revocable, nonexclusive limited license to access this Site under the terms and conditions of this agreement solely for the purposes of conducting business with NS or any its affiliates and subsidiaries. The documents and information received from this Site are solely for your own use and are not to be sold, released, licensed or distributed to third parties. You agree not to transmit to this Site any unlawful, pornographic, libelous, harassing or otherwise prohibited or objectionable material.
3. UNAUTHORIZED USE. As a condition for your use of this Site, you agree to make use of the Site in a manner consistent with its intended and allowable purposes. You may not use the Site in any manner that could damage, disable, overburden or impair any NS server or network. You may not block or interfere with any other party's allowable use of the Site. You may not attempt to gain unauthorized or premature access to the Site, to any information placed there, or to any NS server or network through the Site through overwhelming volume inquiry, hacking, password mining, or other means, including but not limited to automatic or manual mass attempts at access. You are authorized only to gain access to this Site, or to the information stored therein or reachable through, in the permitted manner at the permitted times. Unauthorized use of this Site shall subject you to liability to NS for any damage done to this Site, NS servers or networks or NS.
4. ACCURACY OF INFORMATION. The information provided by this Site is provided "AS IS". Your use of this Site is solely at your own risk. NS will use its best efforts to provide accurate and complete information; however, NS does not guarantee or represent that the information provided through this Site will be free from error, current or complete.
5. SITE. NS may at its discretion change or eliminate the features of this Site or cease operation of this Site without notice to you.
6. PASSWORD SECURITY. You agree to keep confidential your user identification and/or password. You agree to notify NS immediately in the event that your user identification and/or your password is compromised, lost or stolen.
7. TRANSMISSION SECURITY. Transmission of information through the Internet is inherently not secure and might result in the loss, corruption or disclosure of the material. You accept all risks regarding the security and confidentiality of your transmissions to and from this Site.
8. LINKS. NS may from time to time provide links from this Site to other sites as a convenience to you. Your use of such other Sites is solely at your own risk . NS is not responsible for the content of any other site and neither warrants the accuracy of nor endorses the content of such other Sites.
9. CONFIDENTIALITY. You agree to take reasonable steps to maintain the confidentiality of the information that you receive from this Site and agree not to disclose the confidential information of NS, including but not limited to prices, services and conditions of service, to others except as permitted for the purposes allowed by this limited license.
10. PRIVACY. NS will use reasonable efforts to maintain the privacy of the information that you deliver to NS through this Site; however, NS shall be free to make whatever use of this information that it so determines for its own internal purposes. Receipt of information by NS does not obligate NS in any fashion with regard to the information. NS will monitor transmissions made to and from this Site. Please be aware that NS may on occasion be required under the law to release your confidential information to governmental agencies and bodies and other third parties. When required to do so by law or process of law, NS will comply with such a demand to provide your confidential information.
11. COOKIES. This Site contains "cookies" put into place by NS. NS makes use of the information derived from these cookies for its own internal purposes.
12. INVESTMENT DECISIONS AND FORWARD LOOKING INFORMATION. The information contained in this Site is not intended to qualify, amend, modify, supplement or in any other fashion change any information disclosed by NS under applicable federal and state corporate and securities laws.
13. INTELLECTUAL PROPERTY. The information found on this Site will contain the trademarks, trade names, logos and service marks of NS and/or other companies and is protected by the copyright and trademark laws of the United States of America and of other countries with regard to such trademarks, trade names, logos and service marks. The use of these trademarks, trade names, logos and service marks on this Site does not imply a license to you of any nature to make use of them. Unauthorized use of these trademarks, trade names, logos and service marks is prohibited. Any rights not granted to you under this agreement are reserved to NS.
14. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY. NS SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS SITE, ITS SOFTWARE AND THE INFORMATION PROVIDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NS DOES NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THIS SITE WILL BE IN OPERATION AT ALL TIMES. NS DOES NOT WARRANT THAT THIS SITE WILL BE WITHOUT ERROR OR VIRUS FREE. NS DOES NOT ASSUME ANY RESPONSIBILITY WHATSOEVER ARISING OUT OF YOUR USE OF THIS SITE, REGARDLESS OF WHETHER NEGLIGENCE ON THE PART OF NS MAY HAVE CAUSED OR CONTRIBUTED TO ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USING OR RELYING UPON THIS SITE. IN NO EVENT UNDER ANY THEORY OF LAW, WHETHER CONTRACT, TORT, WARRANTY OR OTHERWISE, SHALL NS HAVE ANY LIABILITY TO ANY PERSON FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF CAPITAL OR BUSINESS INTERRUPTION EXPENSES AS A RESULT OF YOUR USE OF THIS SITE. THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SHALL EXTEND TO INCLUDE NOT ONLY NORFOLK SOUTHERN RAILWAY COMPANY BUT ALSO NORFOLK SOUTHERN CORPORATION, AS WELL AS ANY OTHER CORPORATE SUBSIDIARIES OR AFFILIATES OF NORFOLK SOUTHERN CORPORATION OR NORFOLK SOUTHERN RAILWAY COMPANY.
15. NO THIRD PARTY BENEFICIARIES. This agreement is not intended to inure to the benefit of any third-party.
16. NO JOINT VENTURE. Your use of this Site and the information provided therefrom under this agreement does not constitute a joint venture, partnership or agency relationship between you and NS.
17. ENCRYPTION. This Site uses encryption technology that might be controlled for export under the laws of the United States of America. You agree to comply with the requirements of such laws in the event that you fall within the controlled categories defined under these laws.
18. GOVERNING LAW. This Site is controlled by NS from its offices in Norfolk, Virginia. By accessing this Site, you agree that all matters relating to your use of this Site shall be governed by the laws of the Commonwealth of Virginia. You also agree to the exclusive personal jurisdiction and venue of the courts of the City of Norfolk, Virginia, with regard to such matters.
19. ENTIRE AGREEMENT. This agreement contains the entire agreement between the parties with regard to the use by you of this Site. No transmission by you to NS can serve to modify or amend in any fashion any provision of this agreement. Should any part of this agreement be held by a court of component jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The waiver by NS of any provision of this agreement shall not constitute either an ongoing waiver of a requirement of this agreement or a waiver of any other breach of this agreement. Notwithstanding the foregoing, NS may at its discretion and without notice to you change the terms and conditions of this agreement. Any such change will be effective with regard to you for any access by you which occurs after the change in terms and conditions by NS is made to this Site.