The following terms and conditions govern all use of the www.RailSightings.com website and all content, services and products available at or through the website, including, but not limited to, all email services provided by the Website, (taken together, the Website). The Website is owned and operated by RailSightings. (“RailSightings”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, RailSightings’s Privacy Policy) and procedures that may be published from time to time on this Site by RailSightings (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by RailSightings, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your www.RailSightings.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. RailSightings will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Payment and Renewal.
    • General Terms.
      Standard paid services such as any monthly or annual plans as well as optional plan upgrades such as SMS alerts are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay RailSightings the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
    • Automatic Renewal.
      Unless you notify RailSightings before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Account section of your account’s dashboard.
  3. Responsibility of Website Visitors. RailSightings has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, RailSightings does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. RailSightings disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.RailSightings.com links, and that link to www.RailSightings.com. RailSightings does not have any control over those non-RailSightings websites and webpages, and is not responsible for their contents or their use. By linking to a non-RailSightings website or webpage, RailSightings does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. RailSightings disclaims any responsibility for any harm resulting from your use of non-RailSightings websites and webpages.
  5. Copyright Infringement and DMCA Policy. As RailSightings asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.RailSightings.com violates your copyright, you are encouraged to notify RailSightings in accordance with RailSightings’s Digital Millennium Copyright Act (“DMCA”) Policy. RailSightings will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. RailSightings will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of RailSightings or others. In the case of such termination, RailSightings will have no obligation to provide a refund of any amounts previously paid to RailSightings.
  6. Intellectual Property. This Agreement does not transfer from RailSightings to you any RailSightings or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RailSightings. RailSightings, www.RailSightings.com, the www.RailSightings.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.RailSightings.com, or the Website are trademarks or registered trademarks of RailSightings or RailSightings’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any RailSightings or third-party trademarks.

    You agree that all data, content, photographs, video tours, audio files, and any other materials created (i.e. your completed RailSightings Profile Form or any submitted data or work tied to your RailSightings User Account) by or for you and provided to RailSightings (the "RailSightings Profile Content" or "RailSightings User Account Content") will be owned exclusively by RailSightings, except for content licensed by you or others that is provided for use on the RailSightings service and your RailSightings Profile. If your trademark or service mark appears in your RailSightings Profile, you grant to RailSightings the perpetual and transferable right to use your mark(s) in the RailSightings service and in our collateral marketing and promotional materials.
  7. Attribution. RailSightings reserves the right to display attribution links such as ‘Powered by RailSightings’ in your email footer. Footer credits may not be altered or removed regardless of plan purchased.
  8. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using www.RailSightings.com within the designated notice period. Your continued use of www.RailSightings.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
  9. Termination. RailSightings may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.RailSightings.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  10. Disclaimer of Warranties. The Website is provided “as is”. RailSightings and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither RailSightings nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  11. Limitation of Liability. In no event will RailSightings, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to RailSightings under this agreement during the twelve (12) month period prior to the cause of action. RailSightings shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the RailSightings Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  13. Indemnification. You agree to indemnify and hold harmless RailSightings, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  14. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
  15. Miscellaneous. This Agreement constitutes the entire agreement between RailSightings and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RailSightings, or by the posting by RailSightings of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Blount County, Tennessee. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Maryville, Tennessee, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RailSightings may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.