Please read this Agreement and our Privacy Policy carefully – they include disclaimers of liability and other matters of interest to our users. This Agreement between you and Railroad Technology Corporation ("RTC"), RRTX Leasing ("RRTX") and or FreightCar Partners LP (collectively "RTC") governs your use of the FreightCars.com website (the "Site"). You understand that by clicking "Yes" and "Submit" on the appropriate section of the Contact Us page you have agreed to the terms and conditions of this Agreement.
The Site does not constitute an offer to sell or buy any securities and may not be used or relied upon in connection with any offer or sale of securities. It does not constitute a solicitation of clients and may not be used or relied upon in connection with any solicitation of clients. An offer or solicitation will be made only through both a Prospectus and a final private placement memorandum and agreement, and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. These documents also describe the risks of investing in FreightCar Partners LP. The information set forth in the Site does not purport to be complete. While RTC uses reasonable efforts to update the information on the Site, RTC makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site. All Site content is subject to change without notice.
RTC owns and maintain the Site. Nothing at this site shall be construed as granting by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the Site. No act of downloading or otherwise copying from this site will transfer title to any software or material at this site to you. Anything that you transmit to this site becomes the property of RTC, may be used for any lawful purpose, and is further subject to disclosure as deemed appropriate by RTC, including to any legal or regulatory authority to which RTC is subject. RTC reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, product or services obtained from this site. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between you and RTC, and this Agreement shall not be construed to create any obligation by RTC to any non-party to this Agreement. The failure of RTC to require your performance of any provision hereof shall not affect the full right to require such performance at anytime thereafter; nor shall the waiver by RTC of a breach of any provision hereof be taken or held to be as a waiver of the provision itself.
This Site, including all content, functions, materials and information made available or accessed through the Site, is provided on an "as is" "as available" basis without representations or warranties of any kind whatsoever expressed or implied, including without limitations, non-infringement, merchantability or fitness for a particular purpose. RTC does not warrant that the Site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. RTC makes no warranty that the Site will meet users requirements, and expressly disclaims any warranties or guarantees. No advice or information, whether oral or written obtained by you from RTC shall create any warranty not expressly made therein. RTC expressly disclaims any endorsement or warranty of any products or services leased or sold on or through the Site. In no event shall RTC be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use the Site, services or the content, materials and functions related thereto, including and without limitation, loss of revenue or anticipated profits. You shall indemnify, defend and hold harmless RTC, its officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against any and all claims, losses, damages, liability, judgments, and fees and expenses related thereto (including without limitation attorneys fees) incurred by an Indemnified Party in connection with a any claims arising out of, based upon or resulting from any breach or violation of this Agreement or any use of the Site.
PRIVACY IS FUNDAMENTAL TO OUR RELATIONSHIPS. Accordingly, RTC is committed to maintaining the confidentiality, integrity and security of all personal information. We do not disclose nonpublic information about our clients or former clients to third parties. In order to provide our services, we may furnish your information to our affiliates and to firms that assist us in servicing your account that have a need for such information, such as a custodian, lawyer, accountant or other service provider as permitted by law. We require third party service providers and financial institutions with whom we have relationships to protect the confidentiality of your information.