These RailZoom Terms of Use (this “Agreement”) apply to your access or use of the RailZoom websites, mobile sites, and applications (collectively, the “RailZoom Sites”) and the content, features, and services (the “Services”) made available by RailZoom.
In this Agreement, “RailZoom” and “we” mean the RailZoom company that is providing the Services to you, and with whom you are entering into this Agreement, which depends on the country in which you reside. The terms “User” and “you” mean any user of the Services. This Agreement incorporates RailZoom’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “RailZoom Policies”).
By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services.
RailZoom may update or revise this Agreement (including any RailZoom Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by RailZoom, any use of the Services (e.g., the use of the Reservation Services (as defined herein), Payment Services (as defined herein) is subject to the version of this Agreement in effect at the time of use.
Part I – Reservation Services
1. Railway Reservations. RailZoom makes available railway reservation services (the “Reservation Services”) through the RailZoom Sites to User for the purpose of assisting User in securing reservations (each, a “Railway”). In response to a User’s online request for a Railway reservation RailZoom contacts the Railway’s computerized database of reservations as applicable. The availability of reservations is determined at the time of User’s query and based on information provided to RailZoom by the Railway. Once a reservation is made by User through the RailZoom Sites, RailZoom will provide confirmation of the reservation to User by email or other electronic messages as has been agreed to by User. By using the Reservation Services User agrees to receive reservation confirmations, updates, modifications and/or cancellations by email or other electronic messages.
2. No-Show Policy. RailZoom is committed to providing superior quality services to Users and Railways. To assist us in maintaining a consistently high level of service for the Railways and their patrons, Users must cancel any reservations that they will be unable to honor at least 48 hours in advance of the reservation. You may cancel your reservation via the RailZoom Sites or by calling the Railway directly. Some Railways may require a debit or credit card number to finalize your reservation. In order to use the Reservation Services for these Railways, you must provide valid debit or credit card information. To confirm that the debit or credit card information you have provided is accurate, we may place a temporary authorization on your debit or credit card at the time you provide your debit or credit card information. After we verify that your debit or credit card information is accurate, usually within a few days, the authorization will be removed. You may be required to cancel your reservation in accordance with the Railway’s cancellation policy, which is disclosed at the time the reservation is made. RailZoom uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your reservation in accordance with a Railway’s cancellation policy.
Part II – Payment and Other Services
5. Payment and Other Services. Depending on your country of residency, RailZoom may offer additional Services such as payment services made available by RailZoom through the RailZoom Sites (the “Payment Services”).
Part III – Terms for All Services
6. Privacy Policy. RailZoom is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services.
7. Your Account. You may (but are not required to) create an account with RailZoom through the RailZoom Sites (“Account”) in order to use the Reservation Services. However, you must have an Account in order to use the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the RailZoom registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify RailZoom of any unauthorized use of your Account or any other breach of security related to your use of the Services.
8. Communications from RailZoom. If you use our Sites and Services, RailZoom may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our privacy policy.
9. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. In order to use the text message based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services. RailZoom does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the RailZoom Site, and some features and portions of the RailZoom Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.
10. Modifications to Services. RailZoom reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the RailZoom Sites, Railways, and/or Merchants. RailZoom shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
11. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “RailZoom Content”) are provided to User by RailZoom or its partners or licensors solely to support User’s permitted use of the Services. The RailZoom Content may be modified from time to time by RailZoom in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the RailZoom Content by User shall constitute a material breach of this Agreement. RailZoom and its partners or licensors retain all rights in the Services and RailZoom Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of RailZoom or any third party is granted under this Agreement.
12. Application License. Subject to the terms and conditions of this Agreement, RailZoom grants User a non-exclusive, non-transferable, revocable license to use the RailZoom mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
13. Use Restrictions. The Services and RailZoom Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. RailZoom expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). RailZoom reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or RailZoom Content, except as expressly authorized by RailZoom; (2) take any action that imposes or may impose (in RailZoom’s sole determination) an unreasonable or a disproportionately large load on the Services or RailZoom’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or RailZoom Content to a third party; (5) use any portion of the Services or RailZoom Content to provide, or incorporate any portion of the Services or RailZoom Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to RailZoom); (7) modify any Services or RailZoom Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or RailZoom Content; (9) use the Services or RailZoom Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or RailZoom Content or access or use the Services or RailZoom Content for competitive analysis or benchmarking purposes. Although the RailZoom Sites may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the RailZoom Sites are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. RailZoom reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
15. Export Control. You may not use, export, or re-export any RailZoom Sites or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, Canada and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a Canada Government embargo or that has been designated by the Canada Government as a “terrorist supporting” country and that you are not listed on any Canada Government list of prohibited or restricted parties.
16. Termination. RailZoom may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, RailZoom may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any RailZoom Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that RailZoom shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which RailZoom will have no liability whatsoever.
17. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit, transmit, post or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own railway or any railway of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or handle you choose to provide to RailZoom may be displayed publicly with such User Content. RailZoom reserves the right (but has no obligation) to monitor, remove, or edit User Content in RailZoom’s sole discretion, including if User Content violates this Agreement (including any RailZoom Policies), but you acknowledge that RailZoom may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant RailZoom a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to railways, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of RailZoom. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. RailZoom takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.
18. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by RailZoom and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at RailZoom’s request) defend RailZoom, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “RailZoom Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
19. Liability Limitations. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE RailZoom PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE RailZoom SITES, SERVICES, THE RailZoom CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE RailZoom SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE RailZoom CONTENT. RailZoom IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD. IFYOU ARE A RESIDENT OF THE UNITED KINGDOM OR EUROPEAN UNION, THE LIMITATION OF LIABILITY IN THIS AGREEMENT SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH.
IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE GIFT CARD TERMS, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR AY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).
You and RailZoom understand and agree that the disclaimers, exclusions, and limitations in this Section 19 and in Section 20 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that RailZoom would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
20. Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND RailZoom CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL RailZoom CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. RailZoom EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. RailZoom DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT RailZoom WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. RailZoom SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RailZoom.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21. Third-Party Websites, Applications and Services. The Services may contain hypertext links to websites and applications operated by parties other than RailZoom. Such hypertext links are provided for User’s reference only, and RailZoom does not control such websites and is not responsible for their content. RailZoom’s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. RailZoom assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service, including any license transferability and other usage rules therein.
22. Release. Railways and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Railway or Merchant or from any promotion, offer, product or service of any Railway or Merchant. Users must resolve all disputes directly with Railways. To the maximum extent permitted by applicable law, you hereby release the RailZoom Parties from any and all such Claims.
23. Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section.
In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Again, we cannot take action unless you give us all the required information.
24. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
25. Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by RailZoom.
26. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
27. Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Ontario, Canada, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction and/or country of residency. If you are a resident of a European Union member country, parties may be able to resolve consumer disputes in the way of alternative dispute resolution on the ODR platform of the European Commission. The platform is available at http://ec.europa.eu/consumers/odr.
REVISION DATE: February 04, 2020 (Environment: prod-sc) (Machine Name: 60ac9388058e) (Request ID:66589d6b-afbb-488a-94cc-ef028d56a188)