TERMS OF USE


These Terms of Use govern the relationship between Union Pacific Railroad Company, its subsidiaries, affiliates or third-party contractors ("UPRR") and any visitor, customer, licensor, supplier and/or member of UPRR ("you") with respect to use of the UPRR website ("Site").

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE FOLLOWING TERMS OF USE AND THAT YOU ACCEPT AND WILL BE BOUND BY THEM, AS THEY MAY BE MODIFIED BY UPRR FROM TIME TO TIME IN ITS SOLE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. ANY USE OF THE SITE IS AT YOUR SOLE RISK.

General Restrictions Concerning Use of The Site

As a condition to your use of the Site, you agree not to use the Site for any unlawful purpose or transaction prohibited by these Terms of Use or any other agreement you have with UPRR. You also agree not to use the Site in any manner that could: (1) damage, disable, overburden, or impair the Site or anyone else's web site; or (2) interfere with any other party's access to or use of the Site or anyone else's web site. You agree not to obtain or attempt to obtain access to or use of any aspect of the Site through any means UPRR does not intentionally make available to you on the Site. You agree not to frame the Site or to mirror the Site on any other web site. Unauthorized use of this Site, including but not limited to, unauthorized use of passwords, or misuse of any information posted to the Site, is strictly prohibited.

Other Restrictions on Your Use of the Site and UPRR Content

Your use of UPRR Content is subject to the following restrictions. As used herein, "UPRR Content" includes any content in any form that is supplied by UPRR only.

Except as may be otherwise provided elsewhere on this Site, you may use UPRR Content solely for informational, non-commercial purposes. You may not modify or alter UPRR Content in any way. You shall not include UPRR Content in or with any product, or promotion of any product, that you distribute or sell to third parties. You may not create and derivative works from UPRR Content. You may not use UPRR Content in any manner that might disparage UPRR or its customers or place UPRR or its customers in a false light. UPRR grants you no right, title, license in, or permission to use, the design or layout of this Site (including without limitation, individual design and graphic elements), or any trademarks or trade names used in this Site. These elements are protected by state and federal copyright, Trademark, service mark, and other laws. UPRR reserves the right to revoke your limited usage rights at any time without prior notice or liability. Upon written or electronic notice from UPRR you shall immediately discontinue any and all use of UPRR Content.

Copyright

You must include the rights notices specified below with any copy or use of any UPRR Content or portion thereof. You must use the following notice:

Copyright © 19__ - 2016 Union Pacific Railroad Company. All rights reserved. Use or reproduction is subject to a limited license granted by Union Pacific Railroad Company, as set forth in the Terms of Use section of its web site (www.uprr.com). Reliance upon the content of this or any part is specifically limited by the provisions of such section. Any other use, distribution, reproduction or reliance is strictly prohibited. Trademarks, service marks, and trade names displayed are the property of their respective owners.

Revisions and Accuracy of Information on The Site

UPRR may, at any time and in its sole discretion, make corrections, improvements and changes to the information, terms, service(s), software or other product(s) provided or described at the Site. Any changes made by UPRR will be effective immediately and automatically without any further notice to you. Your continued use of the Site following such changes will be deemed to be your acceptance of such changes. You are encouraged to return to these Terms of Use periodically to ensure your continued familiarity with these Terms of Use.

The information at this Site is for information purposes only. The Site may contain technical, factual, typographical or other inaccuracies or errors. Accordingly, UPRR makes no claim or warranty as to the accuracy of the information provided at the Site.

Copyright and Trademark Notices

The works of authorship contained at the Site, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by UPRR or one of its affiliates. Except as otherwise expressly stated herein, you may not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, frame, store for subsequent use or otherwise use in whole or in part in any manner works of authorship contained at the Site without UPRR's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of UPRR's proprietary rights. You may download information and print out hard copies for your personal use subject to these Terms of Use and so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Trademarks or service marks referenced on the Site are UPRR property or property of their respective owners. You may not copy or display or use the trademarks or service mark (except as strictly necessary for you to view these materials on your own computer), for any commercial or public purpose without UPRR's prior written consent.

UPRR retains title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to the Site, all information, resources, content, tools, services and other features accessible thereon, all UPRR business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that UPRR specifically grants to you in and subject to these Terms of Use, nothing shall be deemed to grant you any right, title, interest or license in or to any of the foregoing. All privileges granted to you are limited, non-exclusive, non-transferable, and revocable.

Disclaimer of Warranties

NEITHER UPRR NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. UPRR 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 SITE, ANY THIRD PARTY SITE (COLLECTIVELY, "THE SITES") AND (2) ANY CONTENT INCLUDING WITHOUT LIMITATION, THIRD PARTY CONTENT, UPRR DOCUMENTS AND OTHER CONTENT (COLLECTIVELY, "ALL CONTENT"). THE AVAILABILITY OF ALL CONTENT DEPENDS ON MANY FACTORS, INCLUDING UPRR's CONNECTION TO THE INTERNET, THE AVAILABILITY OF THE INTERNET AND THE INTERNET BACKBONE, AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. UPRR 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 SITES AND THE ACCURACY OR COMPLETENESS OF ALL CONTENT IS ASSUMED SOLELY BY YOU AND THAT THE SITES ARE PROVIDED "AS IS" WITH NO WARRANTY WHATSOEVER.

Limitation of Liability

IN NO EVENT SHALL UPRR 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 UPRR 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.

Violations of Terms; Indemnity

UPRR reserve's the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS UPRR FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEYS' FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE.

Notification of Claimed Infringement

This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.

If you believe that any material or content posted on this site constitutes copyright infringement, please forward the following information in writing to the e-mail address listed below (a "Notice"): (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by UPRR, any alleged infringer, or any copyright owner or its authorized agent or licensee.

Notice must be e-mailed to: webmaster@up.com

Information Submissions

All information submitted via this site by a visitor to this Web site shall be deemed and remain UPRR property and by sending UPRR such information you: (1) grant UPRR an unrestricted, royalty-free, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information; and (2) agree that UPRR is free to use any ideas, expressions of ideas, concepts, know-how, designs, techniques for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products incorporating such information that you send UPRR. UPRR shall not be subject to any obligations of confidentiality regarding such submitted information except as agreed to in writing by UPRR or required by law. Nothing contained herein shall be construed as limiting or reducing UPRR's responsibilities and obligations to customers in accordance with UPRR's Privacy Policy posted on the site.

Violations of Terms; Indemnity

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS UPRR FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.

Governing Law; Venue

Unless we otherwise agree in writing, Nebraska law governs these Terms of Use and all aspects of our relationship with you. If any part of these Terms of Use is invalid or unenforceable, the remainder will stay in effect. Litigation arising out of or relating to these Terms of Use, our Web site, the Services or any aspect of our relationship with you shall be commenced and maintained solely and exclusively in the state and federal courts sitting in Douglas County, Nebraska, United States.

Waiver

UPRR will not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by UPRR. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.