Terms of Use

Thank you for visiting our site. These Terms and Conditions of Use are applicable to the website operated by Alaska Railroad Corporation (“ARRC”), located at www.alaskarailroad.com (the “Site”). All users of the Site are subject to these Terms and Conditions of Use.
 

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, AS AMENDED FROM TIME TO TIME.

Site Use

The information contained on this Site is provided for informational purposes only. You should not rely on any of the information on this Site for any purpose. Not all of the products or services described in this Site are available in all jurisdictions or to all potential customers, and nothing herein is intended as an offer or solicitation in any jurisdiction or to any potential customer where such offer or sale is not qualified.

Proprietary Rights to Content

You acknowledge and agree that the entire contents of the Site (including all information, data, software, graphics, text, images, logos, and/or other material) and the design, selection, collection, arrangement and assembly thereof, are proprietary to ARRC and are protected by United States and international intellectual property laws. You are authorized only to use the content on the Site for personal use or legitimate business purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, distribute, remove, delete, augment, add to, participate in the transfer of, license or sell any of the material on the Site without the prior written consent of ARRC, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of a Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material on the Site are transferred to you, but remain with ARRC or the applicable owner of such content.
 

Trademarks
 

The ARRC name and logo, and all related names, logos, product and service names are trademarks of ARRC. They may not be used or displayed without ARRC’s prior written consent.
Disclaimer of Liability
ARRC does not assume any liability for the materials, information and opinions provided on, or available through, the Site. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, THE SITE’S CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER ARRC NOR ANY PERSON ASSOCIATED WITH ARRC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  2. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ARRC NOR ANYONE ASSOCIATED WITH ARRC WARRANTS OR REPRESENTS THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SITE, THE SITE’S CONTENT, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT DEFECTS OR ERRORS WILL BE CORRECTED.
  3. ANY DOWNLOADING OR OTHER RETENTION OF MATERIAL BY YOU THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ARRC BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PROVIDED ON OR THROUGH THE SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF DATA, FILES OR ELECTRONIC COMMUNICATIONS, ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT OR SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, WHETHER OR NOT THERE IS NEGLIGENCE BY ARRC AND WHETHER OR NOT ARRC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
 

Indemnification
 

You agree to indemnify and hold harmless ARRC and its officers, directors, agents, employees, and others involved in the Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions of Use, your use of the Site or any products, services or information obtained from or through the Site, your connection to the Site, or your violation of any rights of another.
 

Links to Third Party Sites
 

The Site may contain links to other websites on the internet. ARRC is not responsible for the content, products, services or practices of any third party websites, including without limitation sites linked to or from the Site, sites framed within the Site or third party advertisements, and does not make representations regarding their quality, content or accuracy. The presence of links from the Site to any third party website does not mean that we approve of, endorse or recommend that website. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any third party website. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites.
 

Applicable Law
 

These terms will be governed by and construed in accordance with the laws of the State of Alaska, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions of Use will be filed exclusively in the state or federal courts located in Alaska and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
 

International Use
 

We make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
 

General Information
 

These Terms and Conditions of Use, as they may be amended from time to time, constitute the entire agreement and understanding between you and us governing your use of the Site. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect. Neither a course of dealing or conduct between you and ARRC nor any trade practices shall be deemed to modify these Terms and Conditions of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any rights not expressly granted herein are reserved by and for ARRC. We may terminate your access, or suspend any user's access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us. Any inquiries concerning these Terms and Conditions of Use should be directed to:
 

Eileen M. Reilly
Vice President, Advanced Train Control Systems & Technology
The Alaska Railroad Corporation
P.O. Box 107500
Anchorage, AK 99510-7500
907.265.2655
reillye@akrr.com
 

Copyright Complaints
 

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached at:

Kenneth K. Dort, Esq.
Drinker Biddle & Reath LLP
191 North Wacker Drive, Suite 3700
Chicago, IL 60606
Kenneth.Dort@dbr.com