Portions of the Tools may contain or display information and other material supplied by third parties and you are subject to their rights separate and apart from the rights of BNSF ("Third Party Content"). You agree to comply with all copyright notices, information, licensing terms or other restrictions provided below under the heading Third Party Terms, or contained in or provided with Third Party Content (collectively, "Third Party Terms").
Additionally, the Tools may contain technical, factual, typographical or other inaccuracies or errors, and which may include errors in software embedded in the Tools or offered for download. BNSF may at any time make corrections, improvements and changes to the information, service(s), software or other product(s) provided or described in the Tools, and reserves the right to remove any of them at any time without notice.
Intellectual Property Notice Copyright © 1995 - 2017 BNSF Railway Company. All rights reserved.
Except as specifically permitted herein, no portion of the information in the Tools may be reproduced in any form or by any means without the prior written permission of BNSF. Trademarks, service marks, and trade names displayed in the Tools are the property of their respective owners.
Third Party Content is subject to separate copyright and other intellectual property notices stated in the Third Party Terms below.
Use of BNSF Content. "BNSF Content" includes any content in any form that is supplied by BNSF only. Content supplied in whole or in part by Third Party Suppliers are supplied subject to the applicable Third Party Terms separate and apart from this BNSF Limited License.
Except as may be otherwise provided elsewhere in the Tools, you may view, copy, print, and distribute BNSF Content available through the Tools subject to the following conditions:
No License for Design and Layout, Trademarks. Absolutely no license is granted to the design or layout of the Tools (including without limitation, individual design and graphic elements), or any trade-marks or trade names used in the Tools. Such elements are protected by copyright, Trademarks, service marks, and other laws and may not be used, copied or imitated in whole or in part. Trademarks, service marks, are the property of their respective owners.
Provisions Not Exclusive. The provisions of this BNSF Limited License are not exclusive. They are supplemented by and must be read together with applicable provisions under the heading Disclaimers, Limitation, Exclusions below.
Subject to any specific Third Party Terms provided together or in conjunction with Third Party Content, the following provisions shall apply:
Disclaimer of Warranties. NEITHER BNSF NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE TOOLS WILL BE UNINTERRUPTED OR ERROR FREE. BNSF AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO (1) THE TOOLS, ANY THIRD PARTY WEB SITE AND (2) ANY CONTENT INCLUDING WITHOUT LIMITATION, THIRD PARTY CONTENT, BNSF DOCUMENTS AND OTHER CONTENT (COLLECTIVELY, "ALL CONTENT"). THE AVAILABILITY OF ALL CONTENT DEPENDS ON MANY FACTORS, INCLUDING BNSF'S CONNECTION TO THE INTERNET, THE AVAILABILITY OF THE INTERNET AND THE INTERNET BACKBONE, AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. BNSF AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS OR ACCURACY OF ANY CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE TOOLS AND ANY THIRD PARTY WEB SITE AND THE ACCURACY OR COMPLETENESS OF ALL CONTENT IS ASSUMED SOLELY BY YOU.
Limitation of Liability. IN NO EVENT SHALL BNSF OR ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY LOST PROFITS OR LOST DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY TO YOU. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT BNSF OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.
Biometric Data. As part of the Tools, BNSF employs certain products and services to verify the identity of individuals based on the collection, storage, and use of their biometric data. When you use these types of products and services, the technology may capture and extract data from a scan of your retina or iris, a scan of your hand or face geometry, your fingerprint, and/or your voiceprint (individually and collectively referred to as “Biometric Data”). Accordingly, you agree that BNSF may collect, store, and use your Biometric Data to verify your identity and to keep an accurate record of your interactions with BNSF. Any Biometric Data collected, stored, or used by BNSF shall be retained for a period of up to three years of your last interaction with the particular product or service with which you registered your information, at which point BNSF shall permanently destroy the biometric data in accordance with BNSF guidelines.
No Confidential Information. Except strictly as may be expressly provided in a specific separate agreement between BNSF and you, BNSF does not want to receive confidential or proprietary information from you through the Tools. Accordingly, you agree that any information or material received by BNSF in this manner will be deemed to be not confidential. BNSF cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Third Party References or Linked Sites. BNSF assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this Site. References or links to other parties' World Wide Web sites, or such parties' activities, services and products, are provided "AS IS" without warranty of any kind, either express or implied. Any such links are provided only as a convenience, and the inclusion of a link to a particular site does not imply that BNSF endorses or has investigated or verified the content of that site.
Information Disclosed. Information disclosed under the corporate and securities laws of jurisdictions applicable to BNSF is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on the Tools. BNSF makes no representation that materials or information available on the Tools are appropriate or available for use in other jurisdictions, and accessing them from jurisdictions where their contents are illegal is prohibited.
The Tools are controlled by BNSF from its offices located in Fort Worth, Texas. By accessing the Tools, you agree that all matters relating to your access to, or use of, the Tools including its content shall be governed by the laws applicable in the State of Texas, without regard to the conflicts of laws principles thereof. You and BNSF also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts with jurisdiction in Texas with respect to such matters.