We reserve the right at any time to:
• Change the terms and conditions of this Agreement; and/or
• Change the Site, including eliminating or discontinuing any content on or feature 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 and Ownership
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, and icons (collectively, the “Materials”), and any intellectual property and other rights relating thereto, are and will remain the property of Amtrak and/or 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 the Northeast Corridor and Amtrak.
Use of Materials and Restrictions on Use
Except as provided below and subject to these terms and conditions, you may use and copy the Materials (referred to as the “Licensed Materials”). Such copying and use is pursuant to a limited, nonexclusive, non-transferable license to copy, use, display, and distribute the Licensed Materials provided that you (a) retain all copyright and other proprietary notices on the Licensed Materials; (b) do not distort or modify the Licensed Materials in any manner; and (c) provide attribution to Amtrak. All Licensed Materials remain the property of Amtrak and/or its licensors. By copying and using the Licensed Materials, you agree to such these terms and conditions.
You may not copy, reproduce, republish, upload, post, display, transmit or distribute any of the following categories of Materials:
• Any Materials marked restricted for copying;
• Any Materials owned by a person or entity other than Amtrak. Such Materials will be marked with a
copyright notice or other proprietary notice; and/or
• Any Site icons.
Code of Conduct
While using the Site and/or Materials, you agree not to:
• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
• Use the Site and/or Materials 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 and/or Materials;
• Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;
• “Frame” or “mirror” any part of the Site without our prior written authorization;
• 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 without their express consent.
While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations.
You are granted a limited, non-exclusive right to create a hyperlink to the URL located at NEC.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.
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
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.
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, except as embedded in the Licensed Materials, 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®, Amtrak®, AmtrakConnect, Amtrak Guest Rewards, Auto Train®, ClubAcela®, Empire Service®, Ethan Allen Express®, Great American Stations®, Keystone Service®, Metroliner®, New York By Rail®, North America Rail Pass®, Northeast Regional, Pennsylvanian, Quiet Car®, Regional, The Great American Stations®, U.S.A. Rail®, Vermonter, are trademarks and service marks of the National Railroad Passenger Corporation.
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.
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
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 nec.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.
You agree to indemnify, defend and hold Amtrak, our affiliates, licensors, contractors, 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.
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 nec.amtrak.com page.
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.
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 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.