The Effective Date of the Terms and Conditions of Use is September 20, 2015.
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.
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.
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
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
OWNERSHIP OF USER INFORMATION
KCS does not claim ownership of the information that you provide during registration or through your use of the Site.
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.
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: email@example.com.
1. Email firstname.lastname@example.org;
2. Contact us at:
Carla Reynolds, Webmaster
Kansas City Southern
PO Box 219335
Kansas City MO 64121-9335