Terms and Conditions of Use
Please Read These Terms Carefully Before Using This Site.
This Site is intended only for those 18 years of age and older. You represent that if you enter any personal contact information whatsoever you are over the age of 18.
Use of this Site is available only to those users who are in compliance and agreement with these terms and conditions of use as well as the other terms and conditions referenced elsewhere on this Site. Please note that by accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.
Use of Information
Harsco Corporation Office of Corporate Communications 350 Poplar Church Road, Camp Hill, PA 17011 USA
Notwithstanding the above, Harsco Rail authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, Site marks, and other proprietary notices and legends contained on the Site.
This limited license does not include the right to modify this Site, or any portion of it, except with the express written consent of Harsco Rail. Any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction rules is prohibited without the express written consent of Harsco Rail.
You agree to use this Site for lawful purposes only, and shall not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable.
Harsco Rail reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to prosecution of users in violation of these terms and conditions.
Legal Entity Disclaimer
The terms and descriptions contained in this Site are not intended to alter or otherwise affect the independent legal entity status of Harsco Corporation and its subsidiary corporations or alter or otherwise affect the ownership and reporting relationship of unincorporated operating divisions.
Links to Affiliate or Third-Party Sites
Harsco Rail may provide on this Site, solely as a convenience to users, links to Web sites operated by our affiliates or other entities. If you use these sites, you may leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Harsco Rail does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Harsco Rail is affiliated or associated with the linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is affiliated or associated with Harsco Rail or is authorized to use any trademark, trade name, logo or copyright symbol of Harsco Rail.
Any information, statements, opinions, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not Harsco Rail. Such information and the like may be updated from time to time directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.
Unsolicited Information Provided by You
Harsco Rail does not want you to, and you should not, send any confidential or proprietary information to Harsco Rail through this Site unless specifically requested by Harsco Rail. Please note that any unsolicited information or material sent to Harsco Rail via this website or other electronic means, and absent an express written agreement to the contrary, WILL BE DEEMED NOT TO BE CONFIDENTIAL OR PROPRIETARY. By submitting information and material through this Site, you grant to Harsco Rail (or warrant that the owner of such information and material has expressly granted to Harsco Rail) a royalty-free, perpetual, irrevocable, and unrestricted right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Harsco Rail is free to use any ideas, concepts, know-how or techniques that you send to Harsco Rail for any purpose.
You shall not upload, post or otherwise make available on this Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
Notice of Copyright Infringement
We respect the intellectual property of others, and we ask our users to do the same. To the extent that you have provided any work and if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide Harsco's Office of Corporate Communications with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that Harsco Rail may contact you if necessary;
- a statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
- a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
If Harsco is notified of any claims of copyright infringement on the Site, it may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the work or material. Harsco has no liability or responsibility to users for performance or nonperformance of such activities.
Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL HARSCO RAIL OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT HARSCO RAIL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU "AS IS," WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS IN WHICH EVENT THESE EXCLUSIONS MAY NOT APPLY.
HARSCO RAIL SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
All content contained herein is subject to change without notice, but Harsco Rail has no responsibility to update any information on this Site. Harsco Rail reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site.
Disputes, Arbitration and Effect of Invalidity
By accessing this Web site and using the information therein available and/or by purchasing any products or services made available through this site, you agree with the Web site operators, their service providers, affiliates, parents, subsidiaries and any content provider or offer of goods and services on this Site or through any other associated activity, that any claim or dispute you may have against or with any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. Section 201-208). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Camp Hill, PA, USA. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective.
This Site, including all information and Materials contained in it, are copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. You agree to comply with all copyright, trademark and other laws worldwide in your use of this Site and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, Harsco Rail does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of Harsco Rail or of any third party.
No part of this Website shall be made available as part of another web site whether by hyperlink, internet framing or otherwise. Neither this Web site nor its content may be used to construct a database of any nature nor may the same be stored (in whole or part) in databases for access by you or any third party.
All Web Site design, text, graphics and the selection and arrangement thereof, are the property of Harsco Rail.
Trademark and Site Mark Rights
All rights in the product names, company names, trademarks, trade names, Site marks, logos, product packaging and designs of Harsco Rail or third party products or Web sites ("Company Marks"), whether or not appearing in large print or with the trademark symbol, belong exclusively to Harsco Rail or their respective owners and are protected under national and international trademark and copyright laws. Users are not permitted to use Harsco Rail Marks without the prior express written consent of the owner of such mark.
© 2013 Harsco Rail. All Rights Reserved.