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Web Notices & Terms of Use

Updated: August 2, 2010

PLEASE READ THIS WEB NOTICES AND SITE TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE. The National Railroad Passenger Corporation, also commonly known as Amtrak (hereinafter “Amtrak,” “we,” “us”) provides this web site and all site-related services (collectively, the “Site”) subject to your compliance with these Web Notices & Terms of Use ("Terms of Use"). These Terms of Use and the Amtrak.com Privacy Policy (collectively, the “Agreement”), govern the relationship between Amtrak and you (the Site visitor and/or member) with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Site.

We reserve the right at any time to:

  • Change the terms and conditions of this Agreement;
  • Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
  • Change any fees or charges for use of the Site.

Any changes we make will be effective immediately and automatically without further or special notice. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Materials, Ownership and Restrictions on Use

The Site is owned and operated by Amtrak in conjunction with others pursuant to contractual arrangements, and any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the “Materials”), and any intellectual property and other rights relating thereto, are and will remain the property of Amtrak and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Materials are intended to educate and inform you about Amtrak and Amtrak related services. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Notwithstanding the foregoing, you may not copy, reproduce, republish, upload, post, transmit or distribute the Materials, Software, or other content or information available on or through the Site in any way without our prior written permission. Further, the Materials remain the property of Amtrak or its licensors or suppliers. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions.

You may execute a single copy of any software available for downloading on the Site (“Software”). If you download Software from the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.

Registration

Some areas of the Site may require you to be or become an Amtrak member. When and if you register to become a member, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form and any accompanying user agreement or user terms and conditions (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.

If you seek to become a member of this Site, you affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these Terms of Use in any case, you affirm that you are over the age of 13, as the Site is not intended for children 13 years of age or younger.

As part of the registration or membership process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem by clicking on the link marked “Contact Us” on the Amtrak.com home page. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases, as applicable) that are conducted through your account.

Amtrak may, at any time and in its sole discretion, with or without notice, cancel your account and disable your password. Further, Amtrak's policy is to terminate members and accounts that have, or that Amtrak believes have, repeatedly or egregiously violated these Terms of Use.

If you register to become an Amtrak Guest Rewards member, in addition to the foregoing, you agree to comply with the Amtrak Guest Rewards Program Terms and Conditions.

Code of Conduct

While using the Site, Materials and/or Software, you agree not to:

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Use the Site, Materials or Software for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content or information that, in our sole judgment, is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our 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 of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
  • 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 the Site, Materials or Software;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site, Materials or Software;
  • “Frame” or “mirror” any part of the Site without our prior written authorization;
  • Link to any page of or content on the Site other than the URL located at http://www.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 the Site or its contents; or
  • Harvest or collect information about Site visitors or members without their express consent.

While using the Site, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations.

Linking

You are granted a limited, non-exclusive right to create a hyperlink to the URL located at Amtrak.com provided such link does not portray Amtrak or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, in Amtrak's sole judgment. You may not use an Amtrak logo or other proprietary graphic or trademark of Amtrak to link to this Site without the express written permission of Amtrak. This limited right may be revoked at any time.

Amtrak makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Amtrak and Amtrak is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Amtrak is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Amtrak of the site or any information contained therein. When leaving the Site, you should be aware that Amtrak's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Please also be sure to read the the posted Privacy Policy.

Making Purchases

If you wish to purchase products or services described on the Site, you will be asked by Amtrak or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by Amtrak in the manner described in our Privacy Policy. You agree that all information that you provide to Amtrak or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Descriptions or images of, or references to, products or services on the Site do not imply Amtrak's endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Amtrak's acceptance of any order. Price and availability of any product or service are subject to change without notice. Current rates for any product or service available through the Site are displayed on the Site.

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:

  1. Sufficient details to identify the copyrighted work that you believe has been infringed upon.
  2. 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.
  3. Information reasonably sufficient to permit Amtrak to contact you.
  4. 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.
  5. A statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. 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 Avenue, 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 use our online form to Contact Us.

Trademarks

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.

Rules for Rewards Programs, Sweepstakes and Contests

Any rewards programs, sweepstakes or contests that are accessible through the Site are governed by specific rules. By entering such programs, sweepstakes or contests or participating therein you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such reward programs, sweepstakes or contests. Additionally, if you enter a sweepstakes or contest co-sponsored by one of our trustworthy business partners, we urge you to read the co-sponsor's privacy policies and practices.

Termination

This Agreement shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

Disclaimers

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE 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 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 AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE 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 THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF AMTRAK OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site or Materials could include inaccuracies or errors, or information or materials that violate these Site Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Materials. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us clicking on the link marked “Contact Us” displayed on the Amtrak.com home page with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement,” above.

Limitation of Liability

NEITHER AMTRAK NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, 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 THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, SOFTWARE OR LINKED SITE, AS APPLICABLE. AMTRAK'S MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE NOT EXCEED ONE HUNDRED DOLLARS ($100). 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.

Indemnification

You agree to indemnify, defend and hold Amtrak, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, contractors, consultants, agents and other representatives, harmless 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 us or transmit to the 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 the Site.

Questions

The Site is provided by the National Passenger Railroad Corporation (Amtrak). If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us by clicking on the link marked “Contact Us” displayed on the Amtrak.com home page.

Notice for California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. This site is operated by National Railroad Passenger Corporation (Amtrak) at National Railroad Passenger Corporation, 60 Massachusetts Avenue, NE, Washington, DC 20002, (800) USA-RAIL.

Applicable Law and Jurisdiction

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. The Site is controlled and offered by Amtrak from its facilities in the United States of America. Amtrak makes no representations that the Site is appropriate or lawfully available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. You agree to submit to the exclusive jurisdiction of any Federal court located in the District of Columbia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Miscellaneous

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 Agreement, including the Privacy Policy, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Amtrak’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be 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.