Effective Date/Last Updated: March 15, 2013
Amtrak reserves the right at any time to:
- change the terms and conditions of this Agreement; or
- change this Site, including eliminating or discontinuing any content on or feature of this Site.
Code of Conduct
While using this Site, "Ideas" page, any comment functionality and/or information and materials provided through this Site, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the "Materials"), you agree not to:
- restrict or inhibit anyone else from using this Site, including, without limitation, by means of "hacking" or defacing any portion of this Site;
use this Site, the Materials or the Software for any unlawful purpose;
express or imply that Amtrak endorses any statements you make without obtaining prior written consent from Amtrak;
- post and/or transmit (a) any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable content or information, or content or information which infringes Amtrak's or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret and/or confidential information of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- engage in spamming or flooding;
- transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of this Site, the Materials or the software;
- remove any copyright, trademark or other proprietary rights notices contained in this Site, the Materials or the software;
- "frame" or "mirror" any part of this Site without prior written authorization from Amtrak;
- link to any page of or content on this Site other than the URL located at http://www.blog.amtrak.com/;
- use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of this Site or its contents; or
- harvest or collect information about Site visitors without their express consent.
While using this Site, the Materials and/or the software, you agree to comply with all applicable laws, rules and regulations.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Amtrak infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
- Sufficient details to identify the copyrighted work that you believe has been infringed upon;
- The identity of the material that you claim is infringing the copyrighted work listed in item #1 above and information reasonably sufficient to allow Amtrak to locate the material on the Site;
- Information reasonably sufficient to permit Amtrak to contact you;
- A statement that you have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law;
- A statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Your signature.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Amtrak against you, the DMCA permits you to send Amtrak a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to:
Law Department—DMCA Copyright Claims
National Railroad Passenger Corporation
60 Massachusetts Ave NE
Washington, DC 20002
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
For all communications which are NOT concerning a legal matter, please click on the link marked “Ideas” displayed on any page.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Amtrak, Amtrak’s licensors and suppliers, and others. The Trademarks owned by Amtrak, whether registered or unregistered, may not be used in connection with any product or service that is not Amtrak’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Amtrak. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Amtrak, Amtrak’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Amtrak will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Acela®, Acela Club®, Acela Express®, Acela Regional®, Adirondack®, America's Railroad®, Amfleet®, Amtrak®, AmtrakConnectSM, Amtrak Adventures®, Amtrak Express®, Amtrak Guest Rewards®, Amtrak Travel ConciergeSM, Amtrak Vacations®, Amtrak West®, Ann Rutledge®, Arrive®, ATRE®, Auto Train®, Blue WaterSM, California Zephyr®, Capitol CorridorSM, Capitol LimitedSM, CapitolsSM, Cardinal®, Carl Sandburg®, CarolinianSM, Cascades®, Catch A Train Online®, Choo Choo Chewies®, City of New Orleans®, ClockerSM, ClubAcela®, Coast Starlight®, Crescent®, Empire Builder®, Empire Service®, Ethan Allen Express®, The FederalSM, Great American Stations®, Heartland Flyer®, Hiawatha®, Hoosier State®, Illini®, Illinois Zephyr®, InternationalSM, Julie®, Kansas City Mule®, Keep Moving®, Keystone Service®, Lake CitiesSM, Lake Shore Limited®, Lincoln®, Maple LeafSM, Metroliner®, New York By Rail®, North America Rail Pass®, Northeast RegionalSM, Pacific Surfliner®, Palmetto®, PennsylvanianSM, Pere Marquette®, Piedmont®, Quiet Car®, Rail2Rail®, RegionalSM, Saluki®, San Joaquins®, Share Fares®, Silver Meteor®, Silver Palm®, Silver Service®, Silver Star®, SkylineSM, SmartPass®, SmartFaresSM, Southwest Chief®, St. Louis MuleSM, State House®, Sunset Limited®, Superliner®, Surfliner®, Texas Eagle®, The Coast Starlight®, The Great American Stations®, The Smarter Shuttle®, TransportationSM, Travel Green®, Tripfolio®, Twilight LimitedSM, Twilight ShorelinerSM, U.S.A. Rail®, VermonterSM, Viewliner® and Wolverine® are trademarks and service marks of the National Railroad Passenger Corporation.
THIS SITE, THE MATERIALS ON THIS SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THIS SITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMTRAK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. AMTRAK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS SITE, THE MATERIALS AND/OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVER(S) ON WHICH THIS SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE MATERIALS AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF AMTRAK OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, PARTNERS OR VISITORS, WHETHER MADE ON THIS SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THIS SITE AND ANY MATERIALS PROVIDED THROUGH THIS SITE ARE ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
NEITHER AMTRAK NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, AGENTS OR SPONSORS, NOR AMTRAK'S OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE AND/OR MATERIALS CONTAINED ON THIS SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, MATERIALS, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THIS SITE, MATERIALS, SOFTWARE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF AMTRAK FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE FIVE HUNDRED DOLLARS ($500). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold harmless Amtrak, its affiliates, licensors, suppliers, advertisers and sponsors, partners and agents and Amtrak's and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any submissions or other materials you submit to Amtrak or transmit to this Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with this Site.
Amtrak provides this Site. If you have any questions, comments or complaints regarding this Site or Agreement, feel free to contact Amtrak by clicking on the link marked "Ideas" displayed on the home page of this Site.
You understand and agree that this Agreement is governed by and construed in accordance with the laws of the District of Columbia, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the District of Columbia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This is the entire Agreement between Amtrak and you, the Site visitor/user, relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between Amtrak and you, the Site visitor/user, with respect to such subject matter. You agree that you may not assign, transfer or sublicense this Agreement, unless you have obtained prior written consent from Amtrak. No waiver by either party of any breach or default hereunder shall constitute a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Amtrak, Amtrak's products and services or Amtrak’s Blog web site in a false, misleading, derogatory or otherwise defamatory manner. You may not use any Amtrak, Amtrak's Blog or Amtrak-related logo or other proprietary graphic or trademark of Amtrak to link to this Site without Amtrak's express written permission. Amtrak may revoke this limited right at any time.
Right to Use
By submitting your ideas or stories using the IDEAS function on the blog (collectively referred to as the “materials”) and hitting the submit button, You agree that:
- You are at least 18 years of age.
- The materials are original and do not plagiarize any one else’s work, and use of the materials will not infringe any copyright or trademark rights of any other person or entity.
- You are granting Amtrak a perpetual right to use, copy, modify, publicly display, and distribute the materials for any purpose (including marketing, promotion, and media purposes) in any medium now existing or which may exist in the future, and to sublicense such rights to third parties without any compensation for the "materials".
- You are granting Amtrak the right to use any personal information and any personal image or likeness of myself and any other persons appearing or described in the materials, and you have secured the necessary permissions and releases of any such persons appearing or described in the materials, and represent that use of the materials will not violate any right of privacy or publicity of any individuals.
- You are granting permission to Amtrak to use my name and city and state of residence for public attribution but Amtrak is not obligated to do so.