Privacy Policy

This page outlines the terms and conditions of use for Arizona Rail Supply, LLC. website and any pages compromising the website.

  1. ACCEPTANCE OF TERMS AND CONDITIONS.  Arizona Rail Supply, LLC. provides the information contained on this website to you subject to the terms and conditions of use set out herein.  By accessing, utilizing, and/or downloading any information from the website, you are deemed to have accepted and agreed to the terms and conditions.  If you do not accept and agree to the terms and conditions, do not access, utilize or download any information from the website.
  2. MODIFICATION OF TERMS AND CONDITIONS.  Arizona Rail Supply, LLC. may modify the terms and conditions without notifying you and your continued access or use of the website will be subject to the terms and conditions in force at the time of such access or use.  Accordingly, you should review the terms and conditions periodically as your continued access or use of the website shall be deemed to be your acceptance of the amended terms and conditions.
  3. CONTENT OF THE WEBSITE.  While Arizona Rail Supply, LLC. desires to update the information contained on this website on a regular basis, it makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinions, data and/or content contained on the website and shall not be bound in any manner by any information contained on the website.  Arizona Rail Supply, LLC. reserves the right to change the content or discontinue without notice, any aspect or feature of the website.  No opinions, research information, data or content contained on the website (and whether posted by Arizona Rail Supply, LLC. or a third party) shall be construed as advice and are offered for information purposes only.
  4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS.  Copyright and all intellectual property rights in and to all materials, texts, data, and drawings made available on the website (collectively “materials”) are owned by Arizona Rail Supply, LLC.  Accordingly, any unauthorized reproduction, copying, distribution, re-transmission, sale, dissemination, broadcast, publication or other exploitation or circulation of the materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights.  The trademarks, names, service marks and logos (collectively “trademarks”) displayed on the website are the registered and unregistered trademarks of Arizona Rail Supply, LLC.  Nothing contained on the website should be construed as granting any license or right to use any trademark without prior written permission from Arizona Rail Supply, LLC.
  5. LINKS TO OTHER WEBSITES.  External links may be provided for your convenience, however, they are beyond the control of Arizona Rail Supply, LLC. and no representation is made as to their content.  Use of or reliance on any external links is at your own risk.  No hypertext links may be created from any website controlled by you (whether directly or indirectly) to the website without the express prior written permission of Arizona Rail Supply, LLC.
  6. SUBMISSIONS.  If you submit any personally identifiable information, Arizona Rail Supply, LLC. will treat such information in accordance with our Privacy Statement.  If you submit any other information, including but not limited to copyright-able material, concepts, ideas, know-how, business methods, discoveries, inventions, improvements or techniques (“Intellectual Property”), you thereby grant Arizona Rail Supply, LLC. a worldwide, non-exclusive, perpetual, royalty-free license (with right to sub-license) to use, modify, display, copy, publish, reproduce, perform publicly, and create derivative works of such Intellectual Property.  You further agree not to submit or transmit to or from the website any unlawful, threatening, libelous, defamatory, pornographic, obscene, suggestive, inflammatory or profane material, or any other material that could give rise to any civil or criminal liability under the law.
  7. WARRANTIES AND DISCLAIMERS.  Arizona Rail Supply, LLC. makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.  Arizona Rail Supply, LLC. shall not be responsible for and disclaims all liability for any loss, damage, liability (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and/or use of the website and any information contained on the website and you waive any and all claims which you may have against Arizona Rail Supply, LLC. in respect of any loss, liability, damage (whether direct, indirect, or consequential) or expense of any nature whatsoever, which may be suffered by you or your dependents as a result of which may be attributable directly or indirectly to the aforesaid.  These limitations of liability shall apply regardless of the form of action, whether in contract, tort, strict liability or otherwise, and regardless of whether either party has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, Arizona Rail Supply, LLC. shall not be liable for any indirect, contingent or consequential loss (including but not limited to loss of business or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance on the website or any information offered on or via the website.

GENERAL

8.1 These terms and conditions constitute the sole record of the agreement between you and Arizona Rail Supply, LLC. in relation to the subject matter hereof.  Neither you nor Arizona Rail Supply, LLC. shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein.  These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Arizona Rail Supply, LLC. in respect of the subject matter hereof.  No addition to, variation or agreed cancellation of any provision of these terms of use shall be binding upon Arizona Rail Supply, LLC. unless agreed to in writing by Arizona Rail Supply, LLC.  No indulgence or extension of time which Arizona Rail Supply, LLC. may grant to you will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of Arizona Rail Supply, LLC. in terms hereof, save in the event or to the extent that Arizona Rail Supply, LLC. has signed a written document expressly waiving or limiting such rights.

8.2 Arizona Rail Supply, LLC. shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions to any third party without notifying you.

8.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been linked grammatically, sever-able from each other.  Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness invalidity, illegality, unlawfulness or for any reason whatever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these terms and conditions shall remain of full force and effect.

8.4 These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America without giving effect to any principles of conflict of law.  You hereby consent to exclusive jurisdiction of the US courts in respect of any disputes arising in connection with these terms and conditions or any matter related to or in connection therewith.  If you have any questions or concerns about our Legal Policy or Terms and Conditions, please feel free to contact us at any time.