Information provided in the registration process will be used by BNSF for internal purposes in order to provide secure and quality service over the On-Line Technology Network. User activity may be monitored and recorded by system personnel. Anyone using the system expressly consents to such monitoring and recording. If possible criminal activity is detected, records may be provided to law enforcement officials, resulting in criminal and/or civil prosecution.

By registering for or entering a user ID and password, you further agree to the following terms and conditions of use:

I agree that I am a BNSF Railway customer or an agent or employee of a BNSF customer (hereafter "Customer") who is over the age of eighteen (18) and is authorized to access the On-Line Transaction Network, and is lawfully authorized to transact business with BNSF;

Customer agrees to take all reasonable steps to protect confidential information concerning BNSF prices or services and to not disclose BNSF's confidential information to unauthorized persons;

Customer agrees to keep the assigned user ID and/or password confidential and to immediately notify BNSF if there is reason to believe the assigned user ID or password has been improperly disclosed or otherwise compromised;

Customer agrees that claims, losses and direct or consequential damages resulting from Customer's carelessness or negligence with respect to the assigned user ID and/or password are the responsibility of Customer;

Customer agrees and understands that even if all reasonable steps to secure the confidentiality of BNSF information and/or Customer information are followed, there is still a risk that information communicated over the On-Line Transaction Network could be compromised. Customer expressly accepts such risk and waives any claim or cause of action for losses or damages which in any way arises out of the unintentional disclosure of Customer's confidential information;

Customer agrees that in the event of any dispute concerning transactions processed or requested on the On-Line Transaction Network, BNSF's records of such transactions are prima facie proof of the transaction and that the Customer bears the burden of challenging the validity of BNSF's records;

Customer agrees that in the event of any obvious discrepancy between the transactions requested on the On-Line Transaction Network and rates, quotes or other terms embodied in any contract between BNSF and Customer, BNSF shall have the right and duty to suspend the requested transaction until the discrepancy can be resolved with Customer. In the absence of such obvious discrepancy, the transaction requested on the On-Line Transaction Network will control;

Customer agrees that the services provided on the On-Line Transaction Network and any accompanying software are provided on an "AS IS" basis without warranties of any kind. BNSF AND CUSTOMER EXPRESSLY AGREE THAT BNSF HAS DISCLAIMED ALL EXPRESS AND IMPLIED WARRANTIES IN THE ON-LINE TRANSACTION NETWORK AND ACCOMPANYING SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR PARTICULAR USE OR THAT THE OPERATION OF THE ON-LINE TRANSACTION NETWORK WILL BE UNINTERRUPTED, ERROR FREE OR VIRUS FREE;

Customer agrees and understands that BNSF assumes no responsibility for claims, losses or damages whether direct or consequential, resulting from use of the On-Line Transaction Network;

Customer agrees that it has been given permission for the limited right to use the On-Line Transaction Network and accompanying software for purpose of transacting business with BNSF. Customer agrees that it shall not receive any additional rights to BNSF's proprietary software and that any attempt to transfer, license, market or otherwise use BNSF's software would be improper and a violation of BNSF's rights;

Customer agrees that BNSF may, in its sole discretion, amend, modify or change the On-Line Transaction Network and/or this Technology Use Agreement. Any such amendment, modification or change shall be communicated to Customer via e-mail or postal mail. If the Technology Use Agreement is no longer acceptable to Customer, Customer may cancel this agreement by sending e-mail or postal mail to the address listed below. Customer's continued use of the service following notice of any amendment, modification or change to this agreement will constitute a binding acceptance of such amendments, modifications or changes;

Customer understands that BNSF may terminate this agreement at any time by sending notice to Customer. Customer is responsible for all transactions requested and processed prior to termination; and

Customer agrees that if any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other breach of the Agreement or any other provisions hereof.

This Agreement shall be governed by the laws of the State of Texas, U.S.A.