This page outlines the terms and conditions of use for the A&K Railroad Materials, Inc. Website and any pages comprising the Website.
- ACCEPTANCE OF TERMS AND CONDITIONS. A&K Railroad Materials, Inc. provides the information contained on this Website to you subject to the terms and conditions of use set out herein ("terms and conditions"). By accessing, using 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, use or download any information from the Website.
- MODIFICATION OF TERMS AND CONDITIONS. A&K Railroad Materials, Inc. may at any time modify the terms and conditions without notice to 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.
- CONTENT OF THE WEBSITE. While A&K Railroad Materials, Inc. 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. A&K Railroad Materials, Inc. reserves the right at any time 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 A&K Railroad Materials, Inc. or a third party) should be construed as advice and are offered for information purposes only.
- LINKS TO OTHER WEB SITES. External links may be provided for your convenience, but they are beyond the control of A&K Railroad Materials, Inc. 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 A&K Railroad Materials, Inc.
- COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS. Copyright and all intellectual property rights in and to all materials, texts, drawings and data made available on the Website (collectively "materials") are owned by A&K Railroad Materials, Inc. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on the Website are the registered and unregistered trademarks of A&K Railroad Materials, Inc. Nothing contained on the Website should be construed as granting any license or right to use any trademark without the prior written permission of A&K Railroad Materials, Inc.
- SUBMISSIONS. If you submit any personally identifiable information, A&K Railroad Materials, Inc. will treat such information in accordance with our Privacy Statement. If you submit any other information, including but not limited to copyrightable material, ideas, concepts, know-how, business methods, inventions, discoveries, improvements or techniques ("Intellectual Property"), you thereby grant A&K Railroad Materials, Inc. a worldwide, nonexclusive, perpetual, royalty-free license (with right to sublicense) to use, modify, publish, display, copy, 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, obscene, pornographic, suggestive, inflammatory or profane material, or any other material that could give rise to any civil or criminal liability under the law.
- WARRANTIES AND DISCLAIMERS. A&K Railroad Materials, Inc. makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website. A&K Railroad Materials, Inc. shall not be responsible for and disclaims all liability for any loss, liability, damage (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 A&K Railroad Materials, Inc. 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 dependants as a result of or 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, A&K Railroad Materials, Inc. 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.
8.2 A&K Railroad Materials, Inc. 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 notice to you.
8.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been linked grammatically, severable 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.