Terms and Conditions | Thoroughbred Direct Intermodal Services

1. General.

Thoroughbred Direct Intermodal Services, (TDIS), makes available the information contained in ns-direct.com ("this Site") subject to the terms and conditions set forth below. Your use of this Site constitutes your acceptance of these terms and conditions without modification by you.

2. Limited License.

This Site is solely intended for the convenience of the customers of TDIS. TDIS reserves the right to exclude from this Site any person at any time with or without cause. TDIS reserves the right at its sole discretion to terminate your access to this Site at any time with or without cause. Your access to this Site constitutes a revocable, nonexclusive limited license to access this Site under the terms and conditions of this agreement solely for the purposes of conducting business with TDIS. The documents and information received from this Site are solely for your own use and are not to be sold, released, licensed or distributed to third parties. You agree not to transmit to this Site any unlawful, pornographic, libelous, harassing or otherwise prohibited or objectionable material.

3. Accuracy of Information.

The information provided by this Site is provided "AS IS". Your use of this Site is solely at your own risk. TDIS will use its best efforts to provide accurate and complete information; however, TDIS does not guarantee or represent that the information provided through this Site will be free from error, current or complete.

4. Site.

TDIS may at its discretion change or eliminate the features of this Site or cease operation of this Site without notice to you.

5. Transmission Security.

Transmission of information through the Internet is inherently not secure and might result in the loss, corruption or disclosure of the material. You accept all risks regarding the security and confidentiality of your transmissions to and from this Site.

6. Links.

TDIS may from time to time provide links from this Site to other sites as a convenience to you. Your use of such other Sites is solely at your own risk. TDIS or its agent is not responsible for the content of any other site and neither warrants the accuracy of nor endorses the content of such other Sites.

7. Confidentiality.

You agree to take reasonable steps to maintain the confidentiality of the information that you receive from this Site and agree not to disclose the confidential information of TDIS, including but not limited to prices, services and conditions of service, to others except as permitted for the purposes allowed by this limited license.

8. Privacy.

TDIS will use reasonable efforts to maintain the privacy of the information that you deliver to TDIS through this Site; however, TDIS shall be free to make whatever use of this information that it so determines for its own internal purposes. Receipt of information by TDIS does not obligate TDIS in any fashion with regard to the information. TDIS will monitor transmissions made to and from this Site. Please be aware that TDIS may on occasion be required under the law to release your confidential information to governmental agencies and bodies and other third parties. When required to do so by law or process of law, TDIS will comply with such a demand to provide your confidential information.

9. Cookies.

Portions of this Site utilize "cookies" put into place by TDIS or its agent. TDIS makes use of the information derived from these cookies for its own internal purposes.

10. Investment decisions and forward looking information.

The information contained in this Site is not intended to qualify, amend, modify, supplement or in any other fashion change any information disclosed by TDIS under applicable federal and state corporate and securities laws.

11. Intellectual Property.

The information found on this Site will contain the trademarks, trade names, logos and service marks of TDIS and/or other companies and is protected by the copyright and trademark laws of the United States of America and of other countries with regard to such trademarks, trade names, logos and service marks. The use of these trademarks, trade names, logos and service marks on this Site does not imply a license to you of any nature to make use of them. Unauthorized use of these trademarks, trade names, logos and service marks is prohibited. Any rights not granted to you under this agreement are reserved to TDIS.

12. Disclaimer of warranties, limitation of liability.

TDIS OR ITS AGENT SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS SITE, ITS SOFTWARE AND THE INFORMATION PROVIDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TDIS OR ITS AGENT DOES NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THIS SITE WILL BE IN OPERATION AT ALL TIMES. TDIS OR ITS AGENT DOES NOT WARRANT THAT THIS SITE WILL BE WITHOUT ERROR OR VIRUS FREE. TDIS DOES NOT ASSUME ANY RESPONSIBILITY WHATSOEVER ARISING OUT OF YOUR USE OF THIS SITE, REGARDLESS OF WHETHER NEGLIGENCE ON THE PART OF TDIS OR ITS AGENT MAY HAVE CAUSED OR CONTRIBUTED TO ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USING OR RELYING UPON THIS SITE. IN NO EVENT UNDER ANY THEORY OF LAW, WHETHER CONTRACT, TORT, WARRANTY OR OTHERWISE, SHALL TDIS OR ITS AGENT HAVE ANY LIABILITY TO ANY PERSON FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF CAPITAL OR BUSINESS INTERRUPTION EXPENSES AS A RESULT OF YOUR USE OF THIS SITE.

13. No third party beneficiaries.

This agreement is not intended to inure to the benefit of any third-party.

14. No joint venture.

Your use of this Site and the information provided therefrom under this agreement does not constitute a joint venture, partnership or agency relationship between you and TDIS.

15. Governing law.

This Site is controlled by TDIS or its agent from offices in Plymouth Meeting, Pennsylvania. By accessing this Site, you agree that all matters relating to your use of this Site shall be governed by the laws of the Commonwealth of Pennsylvania. You also agree to the exclusive personal jurisdiction and venue of the courts of the City of Philadelphia, Pennsyslvania, with regard to such matters.

16. Entire agreement.

This agreement, and if applicable, the Online Services agreement, contain the entire agreement between the parties with regard to the use by you of this Site. No transmission by you to TDIS can serve to modify or amend in any fashion any provision of these agreements. Should any part of these agreements be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The waiver by TDIS of any provision of these agreements shall not constitute either an ongoing waiver of a requirement of these agreements or a waiver of any other breach of these agreements. Notwithstanding the foregoing, TDIS may at its discretion and without notice to you change the terms and conditions of these agreements. Any such change will be effective with regard to you for any access by you that occurs after the change in terms and conditions by TDIS is made to this Site.