WEBSITE TERMS AND CONDITIONS
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”).
Revisions and Errors
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.
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.
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.
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.
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.
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.
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.
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.