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AMTRAK PROCUREMENT PORTAL TERMS OF USE

Last Updated 4/1/2023

Introduction

PLEASE READ THIS AMTRAK PROCUREMENT PORTAL TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE. The National Railroad Passenger Corporation, also commonly known as Amtrak (hereinafter “Amtrak,” “we,” “us”, or “our”), provides this Amtrak Procurement Portal web site and all site-related services (collectively, the “Site”) subject to your compliance with these Amtrak Procurement Portal Terms of Use ("Terms of Use"). These Terms of Use govern the relationship between Amtrak and you (the Site visitor) with respect to your use of the Site. It is important that you carefully read and understand the terms and conditions of these Terms of Use. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Site.

We reserve the right at any time to:
  • Change the terms and conditions of these Terms of Use, to be applicable on a going-forward basis from the effective date of such change;

  • Change the Site, including eliminating or discontinuing any content on or feature of the Site; or

  • Change any fees or charges for use of the Site.
Your continued use of the Site following such changes will be deemed your acceptance of such changes.


Code of Conduct

While using the Site and Materials, you agree not to:
  • Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;

  • Use the Site and Materials for any unlawful purpose;

  • Express or imply that any statements you make are endorsed by us, without our prior written consent;

  • Transmit (a) any content or information that, in our sole judgment, is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

  • Engage in spamming or flooding;

  • Transmit any software or other content that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Materials;

  • Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;

  • “Frame” or “mirror” any part of the Site without our prior written authorization;

  • Link to any page of or content on the Site other than the URL located at https://procurement.amtrak.com;

  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Materials;

  • Harvest or collect information about Site visitors or members without their express consent or Amtrak’s express consent, as appropriate; or

  • Violate or break any applicable laws, rules, or regulations.

Links

You are granted a limited, non-exclusive right to create a hyperlink to the URL located at https://procurement.amtrak.com provided such link does not portray Amtrak or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, in Amtrak's sole judgment. You may not use an Amtrak logo or other proprietary graphic or trademark of Amtrak to link to this Site without the express written permission of Amtrak. This limited right may be revoked at any time.

Amtrak makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Amtrak and Amtrak is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Amtrak is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Amtrak of the site or any information contained therein. When leaving the Site, you should be aware that Amtrak's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.


Registration

Amtrak invites you to complete the Vendor Registration Form to register your organization as a vendor. If you become a registered user on the Site, you agree to: (a) provide accurate, current and complete information about you and your organization as prompted by the Vendor Registration Form, and (b) maintain and update your information (including all contact information), in accordance with the instructions provided for the Vendor Registration Form. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to remove you from the vendor registration database and terminate your use of the Site. You understand and agree that Amtrak may utilize the information you submit on this Site both internally and externally to facilitate potential business opportunities. Any changes to diverse company information can be made by contacting Amtrak Supplier Diversity at diverss@amtrak.com. All other questions can be directed to procurement@amtrak.com


Materials, Ownership and Restrictions on Use

The Site is owned and operated by Amtrak in conjunction with others pursuant to contractual arrangements, and any data, text, graphics, images, audio and video clips, logos,icons, software and links (collectively, the “Materials”), and any intellectual property and other rights relating thereto, are and will remain the property of Amtrak and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Materials are intended to educate and inform you about Amtrak and Amtrak related services. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms of Use. Notwithstanding the foregoing, you may not copy, reproduce, republish, upload, post, transmit or distribute the Materials, or other content or information available on or through the Site in any way without our prior written permission. Further, the Materials remain the property of Amtrak or its licensors or suppliers. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions.

To request permission to copy, reproduce, republish, transmit or distribute Materials or other content available on or through this Site, contact Amtrak at procurement@amtrak.com .


Trademarks

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Amtrak, Amtrak’s licensors and suppliers, and others. The Trademarks owned by Amtrak, whether registered or unregistered, may not be used in connection with any product or service that is not Amtrak’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Amtrak. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Amtrak, Amtrak's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Amtrak will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

Acela®, Acela Club®, Acela Express®, Adirondack®, America's Railroad®, Amfleet®, Amtrak®, Amtrak CaliforniaSM, Amtrak Cascades®, AmtrakConnectSM, Amtrak Express®, Amtrak Guest Rewards®, Amtrak RideReserveSM, Amtrak Ski TrainSM, Amtrak Vacations®, Amtrak Wooden RailwayTM, ARRIVE® (magazine, publication), Ask JulieSM, Auto Train®, Blue WaterSM, Break the Travel Quo®, California Zephyr®, Capitol LimitedSM, Cardinal®, Carl Sandburg®, Carolinian®, Cascades®, Choo Choo ChewiesSM (children’s meal offering), City of New Orleans®, ClubAcela®, Coast Starlight®, Cross Country CafeSM, Crescent®, Double Days®, eLIFTSM, Empire Builder®, Empire Service®, Enjoy the Journey®, Ethan Allen Express®, Great American Stations®, Heartland Flyer®, Hiawatha®, Hoosier State®, Illini®, Illinois Zephyr®, JulieSM, Keystone Service®, Lake Shore Limited®, Lincoln Service®, Maple LeafSM, Metroliner®, Metropolitan Lounge®, Missouri River Runner®, My Track to SuccessSM, New York Penn Station®, Northeast RegionalSM, New York By Rail®, Pacific Business classSM, Pacific ParlourSM, Pacific Surfliner®, Palmetto®, Penn Station®, Penn Station New York®, Pennsylvanian®, Pennsylvania Station®, Pere Marquette®, Piedmont®, Quiet CarSM, Quik-TrakSM, Rail 2 RailSM, Saluki®, San Joaquin®, San JoaquinsSM, Saver FaresSM, See where the train can take youSM, Sightseer LoungeSM, Silver Meteor®, Silver Service®, Silver Star®, Ski TrainSM, Southwest Chief®, Sunset Limited®, Superliner®, Surfliner®, Texas Eagle®, Thruway Service ConnectionSM, Trainside CheckSM, Travel Green®, USA RAIL®, USA Rail PassSM, Viewliner®, Vermonter®, Winter Park ExpressSM and Wolverine® are trademarks and service marks of the National Railroad Passenger Corporation.


Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Amtrak infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
  • Sufficient details to identify the copyrighted work that you believe has been infringed upon.

  • The identity of the material that you claim is infringing the copyrighted work listed in item #1 above and information reasonably sufficient to allow Amtrak to locate the material on the Site.

  • Information reasonably sufficient to permit Amtrak to contact you.

  • A statement that you have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.

  • A statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Your signature.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Amtrak against you, the DMCA permits you to send Amtrak a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to:

Law Department - DMCA Copyright Claims

National Railroad Passenger Corporation

1 Massachusetts Avenue, NW

Washington, DC 20001

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.


Limitation of Liability

NEITHER AMTRAK, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, OR ANY LINKED SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, OR ANY LINKED SITE IS TO STOP USING THE SITE, CONTENT, SOFTWARE OR LINKED SITE, AS APPLICABLE. AMTRAK SHALL HAVE NO LIABILITY FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE . SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH STATES, AMTRAK’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


Disclaimers

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMTRAK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. AMTRAK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF AMTRAK OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site or Materials could include inaccuracies or errors, or that information or Materials may violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Materials. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at procurement@amtrak.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement”.


Indemnification

You agree to indemnify, defend and hold Amtrak, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, contractors, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including any violation of the Code of Conduct, above; (b) any allegation that any submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.


Miscellaneous

The Terms of Use is governed by, and construed in accordance with, the laws of the District of Columbia, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any Federal court located in the District of Columbia, United States of America, and waive any jurisdictional , venue or inconvenient forum objections to such courts.

The Site is controlled and offered by Amtrak from its facilities in the United States of America. Amtrak makes no representations that the Site is appropriate or lawfully available for use in other locations outside of the United States of America. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with applicable local law(s).

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use are the entire agreement between you and Amtrak relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between you and Amtrak with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicensable by you except with Amtrak’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.


Termination

These Terms of Use shall remain effective until terminated. We reserve the right to immediately terminate these Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of the Terms of Use, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms of Use or otherwise.


Questions

The Site is provided by the National Railroad Passenger Corporation (Amtrak). If you have any questions, comments or complaints regarding these Terms of Use or the Site, feel free to contact us at procurement@amtrak.com. .