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- TERMS AND CONDITIONS
This web site
(the "Site") is maintained by Housatonic RailRoad Company, Inc. (HRRC).Your access and use of this site is subject
to the following
terms and
conditions ("terms and conditions") and all applicable
laws. By accessing and browsing this site, you accept, without limitation or
qualification, the terms and conditions and acknowledge that any other agreement
between you and HRRC regarding access or use of this site or its contents are
superseded and of no force or effect.
Use of the Site: This
Site is provided for your personal use and for informational
purposes only.
Please feel free to browse the Site. You may download material displayed on
the Site for noncommercial, personal use only, provided you also retain all
copyright and other proprietary notices contained on the materials. You may
not, however, distribute, modify, transmit, reuse, report, or use the contents
of the Site for public or commercial purposes, including any text, images,
audio, and video without HRRC's written permission.
Unauthorized Use: You
may not use spiders, robots or other automated data mining techniques
to catalog, download, store or otherwise reproduce, store or
distribute content available on the Site,except for the purpose of
Search engine categorization. You may not take any action to
interfere with the Site or any other user's use of the Site,
including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the
Site. You may not send unsolicited e-mail, including promotions
and/or advertising of products or services, through the Site
or forge or mask your true identity in any e-mail or posting.
You may not frame portions of the Site within another web site
or establish links from any other web site to any page of the
Site other than the home page. HRRC is under no obligation to
monitor any third party postings to, or transmissions through,
the Site and assumes no responsibility or liability arising from
the content of any such materials nor for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any such information.
You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material or any material that could
constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any
law. HRRC will fully cooperate with any law enforcement authorities
or court order requesting or directing HRRC to disclose the identity
of anyone posting any such information or materials.
Intellectual Property: You should
assume that everything you see or read on the Site is copyrighted
unless otherwise noted and may not be used, without the written
permission of HRRC, except as provided in these Terms and
Conditions or in the text on the Site. HRRC neither warrants
nor represents that your use of materials displayed on the
Site will not infringe rights of third parties not owned
by or affiliated with HRRC. The trademarks, logos, and service
marks displayed on the Site are registered and unregistered
trademarks of HRRC and third parties. Nothing contained on
the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademark
displayed on the Site without the written permission of HRRC
or such third party that may own the trademarks displayed
on the Site. HRRC will aggressively enforce its intellectual
property rights to the fullest extent of the law.
No Warranties: While
HRRC uses reasonable efforts to include accurate and up-to-date
information on the Site, HRRC makes no warranties or representations
as to its accuracy. HRRC assumes no liability or responsibility
for any errors or omissions in the content on the Site. Your
use of the Site is at your own risk.
THE
SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH
THE SITE, IS PROVIDED "AS IS".
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HRRC MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE.
FURTHER, HRRC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. HRRC DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT
CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES
IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HRRC SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN
NO EVENT WILL HRRC BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT,
STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST
PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY,
PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL,
INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY
EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR
NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Communications with HRRC: Any
communication or material you transmit to HRRC by electronic
mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, nonconfidential
and nonproprietary. Anything you transmit or post may be used
by HRRC or its affiliates for any purpose, including but not
limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, HRRC is free to use any
ideas, concepts, know-how, or techniques contained in any communication
you send to the Site without compensation and for any purpose
whatsoever, including but not limited to, developing, manufacturing
and marketing products using such information.
Privacy: HRRC takes
the privacy of you and your information very seriously. For
further information about how we use information collected
from you, please view our Privacy Policy
Portfolio: Images
of people or places displayed on the Site are either the property
of, or used with permission by, HRRC. The use of these images
by you, or anyone else authorized by you, is prohibited unless
specifically permitted by these Terms and Conditions or specific
permission provided elsewhere on the Site. Any unauthorized
use of the images may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications, regulations
and statutes. Portfolio sections and examples of prior HRRC
work on the Site are for corporate decision making purposes
only and are not for entertainment purposes. The copyrights
to such works belong to the HRRC client to which the work relates
and are subject to the same restrictions set forth in these
Terms and Conditions for HRRC content.
Changes: All information
posted on the Site is subject to change without notice. In
addition, these Terms and Conditions may be changed at any
time without prior notice. We will make such changes by posting
them here. You should check this page for such changes frequently.
Your continued access of the Site after such changes conclusively
demonstrates your acceptance of those changes.
Indemnification: You
agree to indemnify, defend and hold harmless HRRC, its employees,
directors, officers, agents and representatives from and against
any and all third party claims, demands, liabilities, costs
or expenses, including reasonable attorney's fees, arising
from, or related to, any breach by you of any of these Terms
and Conditions or applicable law.
Severability: If
any part of these Terms and Conditions shall be held or declared
to be invalid or unenforceable for any reason by any court
of competent jurisdiction, such provision shall be ineffective
but shall not affect any other part of these Terms and Conditions.
Governing Law: The laws of the
State of Connecticut shall govern these Terms and Conditions.
YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND
VENUE IN THE COURTS LOCATED IN FAIRFIELD COUNTY, CONNECTICUT.
We reserve the right to change this policy at any time by posting it on our
web site.
PRIVACY POLICY This is the online privacy policy of HRRC. Please remember that this site and the servers that make
this site available are located in the U.S. By using this site you
agree to the transfer, collection, processing and use of data by this
site. The content on our sites may include, among other items of interest,
information on HRRC, parenting information, surveys, sweepstakes and
contests, advertising, entertainment, and games online. We may also
offer opportunities to apply for employment.
Other Information We Collect Online:We
may collect personally identifiable information submitted by
a visitor in connection with registration or other activity.
With the permission
of a visitor
who is 18 years of age or over, such personally identifiable information submitted
in connection with a registration or other activity on our websites may be
used for marketing and promotional purposes. If HRRC
believes that anyone’s behavior on our sites may damage us or our sites
or anyone else, we may disclose the relevant personal information in order
to prevent this harm. In that case, we might try to identify the wrongdoer,
contact
them or bring legal action against them. We may also disclose personal information
if we believe that the disclosure is required by law, or in response to a legal
request.
We use "cookie" technology (where our servers deposit special codes
on a visitor's computer) to track the total number of visitors to each of our
sites in an aggregate form. We do not automatically extract personally identifiable
information in this process. The "cookie" technology will only
be used to track non-personal information such as type of browser, operating
system,
and domain names to customize the website for each visitor and to improve
the visitor's online experience. We also use other technology, called clear
GIFs,
to provide us with other important anonymous information, such as when an
e-mail has been opened. These tools help us understand features that interest
our
visitors.
We may use a third-party advertising technology to serve ads when you visit
our website. This technology makes you anonymous to our ad-serving partner.
In the course of delivering our advertisements to you, a unique third-party
cookie may be placed or recognized on your browser. We also transmit website
usage information about visitors to our web site to the servers of a reputable
third party for the purpose of targeting our Internet banner advertisements
on this site and other sites and to learn which ads bring users to our website.
To do this, we use clear GIFs and cookies provided by our third-party ad
server on this site. The information that is collected and logged on our
behalf through this technology is not personally identifiable.
In some instances, when contact information has been provided by the
visitor, and the visitor is 18 or older and has indicated that he/she would
like to receive communications from us, we will send notices to visitors, usually
in the form of an e-mail. These notices, sent periodically, will announce website
upgrades, new product information, promotions and other similar updates that
may be of interest to the visitor. Our mailers and other notices tell the visitor
how to "opt-out" so that he or she can stop the notices at any time.
HRRC may also collect personally identifiable data, such as names, addresses,
e-mail addresses, and the like, when voluntarily submitted by a visitor in
one of our guestbooks, registries, contest, or survey sections. Except as provided
below, we do not knowingly collect personally identifiable information from
children under 18 without prior verifiable parental consent. We ask for age
first so that we can provide our younger audience with an appropriate questionnaire
that does not ask any personal questions or limit information that we collect.
In the case of online promotions and other activities, we do not condition
a child's participation on the child's disclosing more personal information
than is reasonably necessary to participate in the activity. We may collect
your child's first name and e-mail address to respond to your child on a one-time
basis. This contact information is deleted from our system after the contact.
We may also collect the name of your child, his or her e-mail address and an
e-mail address of a parent to obtain your consent, where consent is required.
In this case the information is deleted from our system if you do not give
your consent to the described use of the information within a reasonable time.
In some cases we collect the name and e-mail address of your child so that
he or she can be contacted more than once as necessary in connection with a
specific request from your child (as, for example, in connection with their
registration in a contest or sweepstakes, or signing up for an e-mail newsletter)
or when we deem it necessary or prudent to protect the safety of your child
participating in interactive activities such as a chat room, message board
or e-mail service. In each of these situations, we also collect your e-mail
address so that you can be notified of the child's entry in the program or
service. In the notice we advise you that you have the right to request that
the child's contact information be deleted from our database. The limited information
obtained in this manner is used only for the purpose indicated and is deleted
from our database at the conclusion of a limited-time promotion, program or
activity.
You always have the right to request that contact information regarding you
or your child be deleted from our database. To request deletion of your contact
information in our database, please click here for more information. Upon
proper identification, parents may review the personal information we have
collected about their child, request deletion, or refuse to allow further
collection or use by writing to us at the address above.
We reserve the right to change this policy at any time by posting it on our
web site.
