Privacy Policy and Terms & Conditions of Use

The following terms and conditions govern your use of RailYardSupply.com. Please read these Terms and Conditions carefully before using this website. By using this website, you hereby agree to these Terms and Conditions and signify that you have read them fully. If you do not wish to abide by the Terms and Conditions for this website, please discontinue viewing, reading and/or using this website immediately. If you violate any of these Terms and Conditions, your permission to use this website automatically terminates. RailYardSupply.com reserves the right to revise these Terms and Conditions at any time without notice, and by using this website subsequent to any revision of these Terms and Conditions, you agree to be bound by these changes.

  1. USE

    RailYardSupply.com is provided solely for the use of current and potential customers of RailYardSupply.com and may not be used by anyone for any other purpose.

  2. REGISTRATION

    You may choose to register with RailYardSupply.com by signing up under the account section. Registering with RailYardSupply.com currently provides you with access to many non-public portions of RailYardSupply.com including RailYardSupply.com dynamic, real time ordering management system. In the future, RailYardSupply.com may add other features which may be accessed through RailYardSupply.com registration. In such event, previously registered users will not be required to re-subscribe.

    By registering with RailYardSupply.com, you agree to provide accurate and current information about yourself so that RailYardSupply.com can provide you with the best level of service possible. You agree to notify RailYardSupply.com whenever any of your previously-submitted information changes. RailYardSupply.com shall not be held liable or responsible for services which you do not receive as a result of your failure to abide by this requirement. If you provide information which is inaccurate, not current or in any other way fraudulent, or if RailYardSupply.com suspects that you have provided such information, RailYardSupply.com reserves the right to suspend or terminate your account at RailYardSupply.com.

  3. PERSONAL INFORMATION AND ONLINE PRIVACY PROTECTION

    Personal information includes all of the personally-identifying information you may provide to us through this website. RailYardSupply.com will limit the dissemination of personally-identifying information. To that end, RailYardSupply.com will only share such information with its key business partners. RailYardSupply.com will use and share your personal information only if necessary and allowed by law to administer RailYardSupply.com business of providing products and services to you as a customer of RailyardSupply.com. RailYardSupply.com further limits the access to your personal information by our employees only to those responsible for processing and reviewing your requests. Unless required by law or you provide express permission, RailYardSupply.com will not exchange personal information with any third parties for their independent use.

    RailYardSupply.com does not intend for RailYardSupply.com to be used by persons under the age of 13. Access by a person under the age of 13 shall be deemed a violation of these Terms and Conditions. RailYardSupply.com collects no personal information from persons under the age of 13. Persons under the age of 13 are not eligible to register at RailYardSupply.com. Any request submitted to sales@railyardsupply.com by a person under the age of 13 shall be rejected. These statements comply with the Children's Online Privacy Protection Act of 1998 (COPPA), 15 U.S.C. § 6501 et.seq.

  4. COOKIES

    When you visit RailYardSupply.com, we may use "cookies" and similar technologies to help us recognize and serve you better. Cookies are small files that contain information sent by a web site and are saved on your computer’s hard drive. You may delete cookies from your computer or set your browser to reject cookies. However, doing so may limit some functionalities of our site.

    Do Not Track Requests
    RailYardSupply.com does not recognize or respond to "Do Not Track" requests sent by web browsers.

  5. PRICE, INVENTORY AND PRODUCT AVAILABILITY

    RailYardSupply.com DOES NOT GUARANTEE PRICE OR QUANTITY OF ANY PARTICULAR ITEM LISTED ON THIS SITE. ALL ORDERS ARE ACCEPTED, ACKNOWLEDGED AND SHIPPED UNDER RailYardSupply.com STANDARD TERMS AND CONDITIONS. IF YOU HAVE A QUESTION REGARDING RailYardSupply.com STANDARD TERMS AND CONDITIONS, PLEASE CONTACT A RailYardSupply.com CUSTOMER SERVICE REPRESENTATIVE.

    The portion of RailYardSupply.com devoted to product ordering is a dynamic, real time portal to our main order management server. As such, information contained in this section of RailYardSupply.com is subject to change depending on orders taken, commitments for shipments and the accuracy of internal documentation. By using this portion of RailYardSupply.com, you understand that information and data being supplied to, processed by and delivered from our servers are undergoing constant change.

    RailYardSupply.com cannot guarantee the listed quantity of any items. Various factors may affect the number of units of this item available at any given time. These factors include the number of orders we have recently received for this item and the time at which you are placing an order for this product. When ordering items from our website, please be aware that the number of a particular item listed as being "in inventory" may not account for recently-placed orders due to the dynamic nature of our inventory server. For these reasons, RailYardSupply.com cannot guarantee the prices of any listed item. Certain items may be discontinued without notice.

  6. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY NOTICES

    The contents of this website, including all text, graphics, arrangement, design, format, appearance and other material (the "Material") is Copyrighted by RailYardSupply.com and protected under both United States and foreign laws. All rights are reserved. Unauthorized use of the Material, including reproduction, copying, transmission, distribution, preparation of derivative works, public performance and public display, is prohibited by the Copyright Act of 1976, 17 U.S.C. § 101 et.seq. and other laws. Notwithstanding the foregoing, you, as a "viewer" or "user" of this website, are granted a nonexclusive, nontransferable, limited license to view, reproduce, print and distribute materials retrieved from this site provided that (a) such materials are used for personal, informational and/or non-commercial purposes only, and (b) you do not remove, alter, obscure or otherwise eliminate from hard-copy versions the applicable copyright and other notices.

    All names, logos, indicia and trademarks appearing on this website, except as otherwise noted, including without limitation, RailYardSupply.com. RailYardSupply.com is trademark of RailYardSupply.com.

    Various trademarks not owned by RailYardSupply.com or its affiliates may appear on this website. All such trademarks, names, logos or indicia of ownership are the property of their respective owners, and are used fairly, in a non-commercial manner, and only to describe the goods and services of such entities in compliance with section 33(b)(4) of the Lanham Trademark Act, 15 U.S.C. § 1115 (b)(4).

  7. LIMITATION OF LIABILITY

    The Material on this website may contain inaccuracies and typographical or other errors. RailYardSupply.com makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the website and/or the Material therein. Use of the website and any information contained therein is at your own risk. The Material and other content on this website may or may not be periodically updated or revised at any time. These Terms and Conditions of Use shall apply with equal force to any and all such updates or revisions.

    RailYardSupply.com DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, RailYardSupply.com IS NOT RESPONSIBLE FOR THOSE COSTS.

    THE WEBSITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RailYardSupply.com, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND/OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. RailYardSupply.com MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, CONTENT, SOFTWARE TEXT, GRAPHICS AND LINKS.

    YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RailYardSupply.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF RailYardSupply.com MATERIAL, OR WITH ANY OF THE CONTENT LOCATED ON THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

    RailYardSupply.com MAKES NO WARRANTY THAT THE USE OF MATERIAL OR CONTENT DISPLAYED ON THIS WEBSITE WILL NOT ALSO INFRINGE UPON THE RIGHTS OF THIRD PARTIES NEITHER OWNED BY NOR AFFILIATED WITH RailYardSupply.com.

  8. DISCLAIMER OF DAMAGES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RailYardSupply.com, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, HARD-DRIVE OR SERVER; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTIES ON THE WEBSITE; OR ANY OTHER MATTER RELATING TO THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RailYardSupply.com IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages and accordingly some of the foregoing may not apply to you.

  9. LINKS TO OTHER SITES

    This website may contain links to websites of RailYardSupply.com business partners. RailYardSupply.com is not responsible for the content of their websites or the actions of the owners/operators of the websites. RailYardSupply.com does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk. RailYardSupply.com shall not, however, be a party to any contract entered into by you, the user, and any third party as a result of contact with the websites linked from this website, and thereby does not in any way guarantee the performance of any third party under any contract. You hereby release RailYardSupply.com and its affiliates from any damages that you incur, and agree not to assert any claims against RailYardSupply.com, arising from your use of these third party products or services, or the breach of any third party contract.

  10. LINKING TO THIS WEBSITE

    You may provide links to this website provided that: (i) you link only to the front page of this website, http://www.railyardsupply.com; (ii) you do not remove, alter, obscure or in any way eliminate the copyright notice, or other notices on this website; and (iii) you discontinue providing a link to this website if instructed to do so by RailYardSupply.com or one of its representatives.

  11. USE OF IMAGES

    Images of people or places displayed on this site are either the property of or used with permission or under license by RailYardSupply.com. The use of these images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

  12. INDEMNITY

    You agree to defend, indemnify, and hold harmless RailYardSupply.com, its officers, directors, employees, agents and affiliates, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use or misuse of the Material or the website located at RailYardSupply.com or your breach of these Terms and Conditions.

  13. CONTROLLING LAW AND SEVERABILITY

    These Terms and Conditions and your use of RailYardSupply.com are governed by and construed according to the laws of the United States and the State of Pennsylvania, excluding conflicts of laws provisions. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or a portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to RailYardSupply.com, your use of RailYardSupply.com, or these Terms and Conditions must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Berks County, Pennsylvania. These Terms and Conditions may not be changed or modified without the written consent of RailYardSupply.com.

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