Website Terms and Conditions

General

BNSF Logistics makes available information, materials, services and products (“Content”) on this www.bnsflogistics.com website (“Site”), subject to these terms and conditions (“Site Terms of Use”). The availability or display on the Site of Content does not confer or convey any rights or create any license except strictly as may be expressly provided in these Site Terms of Use.

These Site Terms of Use constitute a legal agreement between you and BNSF Logistics. Please review these Site Terms of Use, and if you do not agree to the terms, do NOT use this Site. By accessing and using this Site, you acknowledge that you have read, understood and agree to be bound by these Site Terms of Use.

Portions of the Site may contain or display Content supplied by third parties (“Third-Party Content”). For Third-Party Content, you may be subject to third-party rights separate and apart from the rights of BNSF Logistics. You agree to comply with all copyright notices, information, license terms or other restrictions contained in or provided with Third-Party Content, including the Third-Party Terms below (collectively, “Third-Party Terms”).

There are certain tools and functions that may be accessed through the Site, such as account creation, electronic payment, shipment tracing, transit time estimations, and other customer support features, that may require you to agree to additional terms and conditions. Nothing in these Site Terms of Use will diminish your rights and responsibilities as set forth in those additional terms and conditions.

Revisions and Errors

BNSF Logistics reserves the right to revise these Site Terms of Use at any time, at its sole discretion, by updating and posting new Site Terms of Use to this Site. By using this Site, you agree to be bound by the then current version of these Site Terms of Use and should periodically visit this page to review these changes.

The Site may contain technical, factual, typographical or other inaccuracies or errors, which may include errors in shipment tracing, transit times, or software embedded in the Site. BNSF Logistics may at any time make corrections, improvements and changes to the Content, and reserves the right to remove Content without notice.

Information disclosed under the corporate and securities laws of jurisdictions applicable to BNSF Logistics is not intended to be in any way qualified, amended, modified or supplemented by any Content.

 

Intellectual Property

Except as specifically permitted herein, no portion of the Content may be reproduced in any form or by any means without the prior written permission of BNSF Logistics. The trademarks displayed on this Site are the property of their respective owners. Third-Party Content is subject to separate copyright and other intellectual property notices stated in the Third-Party Terms below.

Limited License

BNSF Logistics Content (“BNSF Content”) includes any Content in any form that is supplied by BNSF Logistics only. Except as may be otherwise provided elsewhere on this Site, you may view, copy, print, and distribute BNSF Content available on this Site subject to the following conditions (the “License”):

  • BNSF Content may be used solely for non-commercial personal informational purposes, except solely for business purposes in support of your business relationship with BNSF Logistics.
  • BNSF Content may not be modified or altered in any way.
  • BNSF Content shall not be copied onto your or any other party’s World Wide Web site or other publicly available repository of information.
  • BNSF Content shall not be included in or with any product that you distribute to third parties, nor shall it be used to create derivative works.
  • Any copy of any BNSF Content or portion thereof must include the following BNSF Logistics Notice: Use and reproduction of this material is subject to a limited license granted by BNSF Logistics according to the Website Terms and Conditions posted on www.bnsflogistics.com. Any other use, distribution, reproduction or reliance is strictly prohibited. Trademarks displayed are the property of their respective owners.
  • If the BNSF Content contains any Third-Party Content, your right, if any, to reproduce such Third-Party Content is governed by the applicable Third-Party Terms.

Your License will automatically terminate upon your non-compliance with these Site Terms of Use. BNSF Logistics reserves the right to revoke your License at any time without prior notice or liability. Upon written or electronic notice from BNSF Logistics revoking your License, you shall immediately discontinue any use of the Content.

Absolutely no license is granted to the design or layout of this Site, or any trademarks used in this Site. Such elements are protected by copyright, trademark, and other laws and may not be used, copied or imitated in whole or in part.


 

Third-Party Terms

Content supplied in whole or in part by BNSF Logistics’ third-party suppliers is supplied subject to the applicable Third-Party Terms separate and apart from the License. Subject to any specific Third-Party Terms provided together or in conjunction with Third-Party Content, the following provisions shall apply:

  • Third-Party Content is protected by copyright, trademark or other proprietary rights of third-party content providers. You agree to comply with any additional copyright notices, information, or restrictions contained in any Third-Party Content.
  • You may not publish, transmit, transfer, sell, reproduce, distribute, perform, display, or in any way exploit any of the Third-Party Content, in whole or in part.
  • You may not sublicense any Third-Party Content to any third party or use the Third-Party Content in any other media or in any location other than at the Site.
  • You may not alter the Third-Party Content in any way or create any derivative works from the Third-Party Content.
  • BNSF Logistics’ licensors and suppliers reserve the right, at their discretion, to restrict, suspend or terminate your access to all or any part of Third-Party Content at any time for any reason without prior notice or liability.
  • Your right to use the Third-Party Content will automatically terminate upon your non-compliance with these Site Terms of Use.

Disclaimer of Warranties

NEITHER BNSF LOGISTICS NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. BNSF LOGISTICS AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO (1) THE SITE OR ANY THIRD-PARTY SITE, AND (2) ANY BNSF CONTENT OR THIRD-PARTY CONTENT. THE AVAILABILITY OF ALL CONTENT DEPENDS ON MANY FACTORS, INCLUDING BNSF LOGISTICS’ CONNECTION TO THE INTERNET, THE AVAILABILITY OF THE INTERNET AND THE INTERNET BACKBONE, AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. BNSF LOGISTICS AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS OR ACCURACY OF ANY CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ALL CONTENT IS ASSUMED SOLELY BY YOU.

Limitation of Liability

IN NO EVENT SHALL BNSF LOGISTICS OR ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY LOST PROFITS OR LOST DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY TO YOU. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT BNSF LOGISTICS OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.

Confidentiality

Except strictly as may be expressly provided in a specific separate agreement between BNSF Logistics and you, BNSF Logistics does not want to receive confidential or proprietary information from you through this Site. Accordingly, you agree that any information or material received by BNSF Logistics in this manner via this Site will be deemed to be not confidential. BNSF Logistics cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Indemnity

You will defend, indemnify, and hold BNSF Logistics, our past, present, and future officers, directors, members, employees, agents, affiliates, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Site Terms of Use.

Governing Law; Jurisdiction

This Site is designed for use within the United States, BNSF Logistics makes no representation that the Content is appropriate or available for use in other jurisdictions, and accessing the Site from jurisdictions where the Content is illegal is prohibited.

By accessing this Site, you agree that all matters relating to your access to, or use of, this Site will be governed by the laws of Delaware, without regard to the conflicts of laws principles thereof. You and BNSF Logistics also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Delaware with respect to these matters.

Assignment; Severability

BNSF Logistics may assign these Site Terms of Use and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of BNSF Logistics or the sale of substantially all of the BNSF Logistics’ assets related to the Site, to the surviving or successor entity.  You may not assign these Site Terms of Use or the rights and obligations hereunder without the prior written consent of BNSF Logistics.  If any provision of these Site Terms of Use shall be determined to be void or unenforceable in whole or in part, the remaining provisions of these Site Terms of Use shall not be affected thereby and shall remain in force and effect.