Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.
Third Rail Mobility, LLC
site as a service to its customers, potential customers, and other
interested parties. Please visit us frequently, browse our pages, and
download documents, subject to the terms and conditions set out
This site, and the information which it contains, is the property of Third Rail Mobility, LLC and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws
The entire content included in this site, including but not limited to text, graphics or code is the property of Third Rail Mobility, LLC and its licensors. Copyright 2011, Third Rail Mobility, LLC ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Third Rail Mobility, LLC or to purchase Third Rail Mobility, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Third Rail Mobility, LLC. You further agree not to modify any portions of the site (or any downloaded copies permitted hereunder) or to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Third Rail Mobility, LLC used in the site are trademarks or registered trademarks of Third Rail Mobility, LLC. By way of example only, and not as a limitation,is a trademark of Third Rail Mobility, LLC. All other product names are trademarks or registered trademarks of their respective owners.
This site , all information and materials provided on this site, (including product specifications) as well as all products sold on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Third Rail Mobility, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Third Rail Mobility, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or (that this site or the server that makes the site available are free of viruses or other harmful components. Third Rail Mobility, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Product descriptions and specifications are subject to change. Third Rail Mobility, LLC periodically adds or updates the information and documents on this site without notice.
It is the user's responsibility to ascertain whether any information downloaded from this site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.
Limitation of Liability
Third Rail Mobility, LLC shall not be liable for any incidental, special, consequential, exemplary, multiple or other indirect damages that result from the use of, or the inability to use, the materials on this site or the performance of the products sold on this site, even if Third Rail Mobility, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The information on this site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. In the event that a Third Rail Mobility, LLC product is mistakenly listed at an incorrect price, Third Rail Mobility, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Third Rail Mobility, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Third Rail Mobility, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Availability of Products and Services Mentioned
Information that Third Rail Mobility, LLC publishes on this site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Third Rail Mobility, LLC intends to announce or make available such products or services to the general public, or in your country. Consult your Third Rail Mobility, LLC account representative to determine which products and services may be available to you.
Third Rail Mobility, LLC reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.
Third Rail Mobility, LLC makes no representation that information on this site is appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be modified by Third Rail Mobility, LLC, at its sole discretion and without notice, by updating this posting. Third Rail Mobility, LLC may alter, suspend, or discontinue this site at any time for any reason, without notice or cost. The site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
Third Rail Mobility, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Third Rail Mobility, LLC. The Third Rail Online Store provides access to Third Rail international data and, therefore, may contain references or cross references to Third Rail products, programs and services that are not announced in your country. Such reference does not imply that Third Rail in your country intends to announce such products, programs or services.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Third Rail Mobility, LLC of that third party or of any product or service provided by a third party.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Third Rail Mobility, LLC may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
Submissions to Third Rail Mobility, LLC and Affiliated Servers
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Third Rail Mobility, LLC through this site is the exclusive property of Third Rail Mobility, LLC. Third Rail Mobility, LLC is entitled to use any information submitted for any purpose, without restriction (except as stated in Third Rail Mobility, LLC's Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Third Rail Mobility, LLC and accepts responsibility for its accuracy, appropriateness, and legality.
Your use of this site shall be governed in all respects by the laws of the State of Florida, U.S.A., without regard to choice of law provisions, excluding the U.N. Convention on Contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Third Rail Mobility, LLC products) shall be in the state or federal courts located in Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Third Rail Mobility, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Third Rail Mobility, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Third Rail Mobility, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you. If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect. Third Rail’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Third Rail of any provision or any right it has to enforce these policies, nor shall any course of conduct between Third Rail and you or any other party be deemed to modify any provision of these policies.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Third Rail Mobility, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any information, data, text images, files, links, software, chat, communication or other materials (“Content”) which Third Rail Mobility considers, in its sole discretion to be libelous, defamatory, harassing, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content , invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. No Third Rail employee or agent has the authority to vary any of the Third Rail Online Store's policies or the terms and conditions governing any sale.
Third Rail Mobility, LLC
does not and cannot review all communications and materials
posted to or created by users accessing the site, and is
not in any manner responsible for the content of these communications
and materials. You acknowledge that by providing you with the ability
to view and distribute user-generated content on the site, Third Rail
Mobility, LLC is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability
relating to any contents or activities on the site. However, Third
Rail Mobility, LLC reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise unacceptable
to Third Rail Mobility, LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless Third Rail Mobility, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Third Rail Mobility, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Third Rail Mobility, LLC, Third Rail Mobility, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Third Rail Mobility, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. In addition, a link to any non-Third Rail Mobility, LLC site does not imply that Third Rail Mobility, LLC endorses or accepts any responsibility for the content or use of such a site. Nonetheless, Third Rail Mobility, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Third Rail Mobility, LLC, as described above.
For Additional Information
If you have any questions about the rights and restrictions above, please contact firstname.lastname@example.org.
Copyright © 2011, Third Rail Mobility, LLC. All Rights Reserved.
Version April 6, 2011