Terms & Conditions of Use

The Effective Date of the Terms and Conditions of Use is September 20, 2015.

The website www.kcsouthern.com (the "Site") is owned and operated by Kansas City Southern, a Delaware corporation.  The Site allows you to obtain information regarding KCS and the services offered by its subsidiaries or affiliates, and to create an account to place shipping orders, order equipment, track shipments, view other account information and access other information offered by subsidiaries of KCS (defined below)  (the “Services”).  Kansas City Southern, together with its U.S. and Mexico-based affiliates and subsidiaries are collectively referred to herein as “KCS,” “we,” or “us.”  Any shipping or logistical services provided by KCS are governed by a separate agreement between you and KCS or an applicable tariff, the terms of such separate agreement or such applicable tariff shall control over the Terms of Use in the event there is a conflict.

These Terms and Conditions of Use (the "Terms of Use") and the related Privacy Policy together constitute a binding agreement between you and KCS.  Please read carefully through all sections of the Terms of Use and Privacy Policy.  Your access to and use of the Site is subject to the Terms of Use, Privacy Policy, and all applicable laws.

BY ACCESSING AND USING THE SITE, SUBMITTING YOUR CONTACT INFORMATION TO RECEIVE MORE INFORMATION FROM US, OR REGISTERING WITH THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY.  IF YOU DO NOT AGREE TO THE TERMS OF USE AND PRIVACY POLICY, THEN YOU MAY NOT USE THE SITE AND YOU SHOULD NOT REGISTER WITH OR SUBMIT YOUR CONTACT INFORMATION TO THE SITE.  THE TERMS OF USE AND PRIVACY POLICY MAY BE CHANGED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU.  WE MAY PROVIDE YOU A NOTICE BY E-MAIL OR OTHER METHOD WHENEVER WE CHANGE THE TERMS OF USE AND PRIVACY POLICY IN OUR SOLE DISCRETION.  PLEASE REVIEW THE POSTED TERMS ON A REGULAR BASIS AS YOUR USE OF THE SITE WILL BE GOVERNED BY THE THEN-CURRENT TERMS OF USE.

USER REGISTRATION 
You will be required to register with the Site in order to access certain features of the Site and obtain many of the Services.  You will choose a unique identifier (such as a username or your email address) and a password through the Site’s registration process.  You are responsible for keeping your account information, such as the unique identifier and password, confidential.  You are responsible for all activities (whether by you or by others) that occur under your password and account.  You agree to notify us immediately of any unauthorized uses of your account or any other breach of security.  Neither KCS nor its subsidiaries or affiliates can or will be liable for any loss or damage arising from your failure to keep your account information protected.

By registering on the Site, you represent and warrant that you are a real person and the information you provide to KCS is true and accurate to the best of your knowledge.  You agree not to submit false information such as name, physical address, e-mail address, and/or telephone number when registering on the Site.  By registering with the Site, you consent to receive periodic communication from KCS by e-mail or other methods regarding the status of your account or other information associated with your account, the Services, or the Site.  For more information on how KCS may use the information you provide during registration, please see the Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS 
The Site and all materials available on it are the property of KCS, and its licensors, and are protected by copyright, trademark, and other intellectual property laws.  You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of KCS’s, our licensors’, or any other user’s intellectual property rights.

KANSAS CITY SOUTHERN, THE KANSAS CITY SOUTHERN RAILWAY COMPANY, KANSAS CITY SOUTHERN DE MEXICO, S.A. DE C.V., PANAMA CANAL RAILWAY COMPANY, the PCRC shield, KCS, KCSR, KCSM, PCRC, and the KCSR and KCSM octagonal logos are all trademarks and/or tradenames of Kansas City Southern and its affiliates or subsidiaries.  No use of the aforementioned trademarks and tradenames may be made without the express prior written consent of Kansas City Southern or the applicable subsidiary or affiliate.

PROHIBITED ACTIVITIES
The following activities are expressly prohibited from the Site: a. Creating a username in violation of anyone's trade secret, copyright, or other intellectual property right.
b. Creating a username that contains offensive content.  Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
c. Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, or defamatory statements.
d. Engaging in activity that compromises the Site.  Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, data mining, and mail bombing or crashing.
e. Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
f. Framing or deep linking into the Site.
g. Accessing the Site by means of automated process, spiders, bots or similar devices.

USER SUSPENSION AND/OR TERMINATION
KCS may cancel or terminate your right to access or use any part of the Site at any time without notice.  You agree that your breach of any of the terms in the Terms of Use and Privacy Policy may result in the immediate termination of your account and/or give rise to civil action against you.  The disclaimers herein and all restrictions on you regarding information downloaded or obtained from the Site shall survive any cancellation or termination of your right to use the Site.

LINKS TO THIRD PARTY SITES
Any links to other websites not owned or operated by KCS are provided solely as a convenience for you.  KCS’s listing of any third party does not create a partnership or affiliation with the third party.  KCS’s listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers.  You shall make a competent consumer decision before purchasing goods or obtaining the services of any listed third party or service provider.  You bear all risk associated with employing any third party and obtaining their goods or services.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to KCS that you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

OWNERSHIP OF USER INFORMATION
KCS does not claim ownership of the information that you provide during registration or through your use of the Site.

WARRANTY DISCLAIMER
THE INFORMATION INCLUDED IN OR AVAILABLE ON OR THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.   EXCEPT AS OTHERWISE PROVIDED IN A SERVICES AGREEMENT BETWEEN YOU AND KCS OR ITS SUBSIDIARIES AND AFFILIATES, KCS, ITS AFFILIATES, AND ITS SUBSIDIARIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, OR SERVICES OFFERED OR OBTAINED THROUGH THE SITE.  EXCEPT AS OTHERWISE PROVIDED IN A SERVICES AGREEMENT BETWEEN YOU AND KCS OR ITS SUBSIDIARIES AND AFFILIATES, ALL SUCH INFORMATION, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.   THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE.  EXCEPT AS OTHERWISE PROVIDED IN A SERVICES AGREEMENT BETWEEN YOU AND KCS OR ITS SUBSIDIARIES AND AFFILIATES, KCS, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  KCS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

LIMITATION OF LIABILITY
IN NO EVENT SHALL KCS, ITS SUBSIDIARIES, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KCS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

USER INDEMNIFICATION
You agree to indemnify KCS, its affiliates, subsidiaries, and their respective directors, officers, employees, agents, representatives and third party service providers and to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site.  Such acts may include but are not limited to:  unauthorized or illegal possession or use of material obtained through the Site, or breach of the Terms of Use.

GENERAL 
To the maximum extent permitted by law, the Terms of Use are governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in the United States District Court for the Eastern District of Missouri in St. Louis, Missouri or in Missouri District Court located in St. Louis County, Missouri, for all disputes arising out of or relating to the use of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and KCS or any of its affiliates or subsidiaries as a result of the Terms of Use or your use of the Site.

KCS’s performance of the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of KCS’s right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by KCS with respect to such use.

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Unless otherwise specified herein, the Terms of Use and Privacy Policy constitutes the entire agreement between you and KCS with respect to your use of the Site and, except as identified herein, the Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and KCS with respect to your use of the Site.

COPYRIGHT COMPLAINTS 
KCS respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KCS’s copyright agent with the following information.
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. Description of the copyrighted work that you claim has been infringed;
c. The location on the Site of the material that you claim is infringing; 
d. Your address, telephone number and e-mail address;
e. A statement that your claim of infringement is based on a good faith belief; and 
f. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

KCS’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: webmaster@kcsouthern.com.

CONTACT US
For inquiries regarding the Terms of Use or the Privacy Policy, or to remove or change your contact information in our database, or to not receive future mailings or other communications, as well as for all other inquiries, please contact us at any time using one of the options below: 

1. Email webmaster@kcsouthern.com;
2. Contact us at: 
Carla Reynolds, Webmaster
Kansas City Southern
PO Box 219335 
Kansas City MO 64121-9335 
800-243-8624