1. GENERAL. TransWorks makes available the information contained in trnswrks.com ("this Site") subject to the terms and conditions 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 TransWorks. TransWorks reserves the right to exclude from this Site any person at any time with or without cause. TransWorks 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 TransWorks or any its affiliates and subsidiaries. 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. TransWorks will use its best efforts to provide accurate and complete information; however, TransWorks does not guarantee or represent that the information provided through this Site will be free from error, current or complete.
  4. SITE. TransWorks may at its discretion change or eliminate the features of this Site or cease operation of this Site without notice to you.
  5. PASSWORD SECURITY. You agree to keep confidential your user identification and/or password. You agree to notify TransWorks immediately in the event that your user identification or your password is compromised, lost or stolen.
  6. 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.
  7. LINKS. TransWorks 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 TransWorks is not responsible for the content of any other site and neither warrants the accuracy of nor endorses the content of such other Sites.
  8. 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 TransWorks, including but not limited to prices, services and conditions of TransWorks service, to others except as permitted for the purposes allowed by this limited license.
  9. PRIVACY. TransWorks will use reasonable efforts to maintain the privacy of the information that you deliver to TransWorks through this Site; however, TransWorks shall be free to make whatever use of this information that it so determines for its own internal purposes. Receipt of information by TransWorks does not obligate TransWorks in any fashion with regard to the information. TransWorks will monitor transmissions made to and from this Site.
  10. COOKIES. This Site contains "cookies" put into place by TransWorks. TransWorks makes use of the information derived from these cookies for its own internal purposes.
  11. 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 TransWorks under applicable federal and state corporate and securities laws.
  12. INTELLECTUAL PROPERTY. The information found on this Site will contain the trademarks, trade names, logos and service marks of TransWorks 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 TransWorks.
  13. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY. TRANSWORKS 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. TRANSWORKS DOES NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THIS SITE WILL BE IN OPERATION AT ALL TIMES. TRANSWORKS DOES NOT WARRANT THAT THIS SITE WILL BE WITHOUT ERROR OR VIRUS FREE. TRANSWORKS DOES NOT ASSUME ANY RESPONSIBILITY WHATSOEVER ARISING OUT OF YOUR USE OF THIS SITE, REGARDLESS OF WHETHER NEGLIGENCE ON THE PART OF TRANSWORKS 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 TRANSWORKS 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. THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SHALL EXTEND TO INCLUDE NOT ONLY TRANSWORKS BUT ANY OTHER CORPORATE SUBSIDIARIES OR AFFILIATES OF NORFOLK SOUTHERN CORPORATION OR NORFOLK SOUTHERN RAILWAY COMPANY.
  14. NO THIRD PARTY BENEFICIARIES. This agreement is not intended to inure to the benefit of any third-party.
  15. 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 TransWorks.
  16. ENCRYPTION. This Site uses encryption technology that might be controlled for export under the laws of the United States of America. You agree to comply with the requirements of such laws in the event that you fall within the controlled categories defined under these laws.
  17. DATA RETENTION. TransWorks will store one (1) year's data online.
  18. GOVERNING LAW. This Site is controlled by TransWorks from its offices in Fort Wayne, Indiana. By accessing this Site, you agree that the laws of the State of Indiana shall govern all matters relating to your use of this Site. You also agree to the exclusive personal jurisdiction and venue of the courts of the City of Fort Wayne, Indiana, with regard to such matters.
  19. ENTIRE AGREEMENT. This agreement contains the entire agreement between the parties with regard to the use by you of this Site. No transmission by you to TransWorks can serve to modify or amend in any fashion any provision of this agreement. Should any part of this agreement be held by a court of component jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The waiver by TransWorks of any provision of this agreement shall not constitute either an ongoing waiver of a requirement of this agreement or a waiver of any other breach of this agreement. Notwithstanding the foregoing, TransWorks may at its discretion and without notice to you change the terms and conditions of this agreement. Any such change will be effective with regard to you for any access by you, which occurs after the change in terms and conditions by TransWorks is made to this Site.