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Trainspot, Inc. Terms of Use

Last Updated: October 11, 2024

Introduction

These terms and conditions (“Terms and Conditions”) are entered into by and between you, whether personally or on behalf of an entity (“you”), and Trainspot, Inc. (“Trainspot,” “Company,” “we,” or ”us“). These Terms and Conditions govern your access to and use of trainspot.ai (the “Website”). The Website includes any content, functionality, and other services (the “Services”) offered on, referred to on, or offered through the Website. The Website and Services are referred to collectively as the “Website.”

Please read these Terms and Conditions carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Notice, incorporated herein by reference. If you do not agree with these Terms and Conditions or the Privacy Notice, you must not access or use the Website.

In the event that any terms set forth in a Content Provider’s Supply Agreement or Content Licensing Agreement that you have entered into with Trainspot (“Agreement Terms”) conflict with these Terms and Conditions, the Agreement Terms shall prevail.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, SET FORTH BELOW.

Accessibility

We are committed to promoting accessibility and believe all our users should be able to access our Services. Regardless of the assistive technologies that you use, our goal is to make your experience at Trainspot successful.

We are currently working on implementing technological improvements to enhance the accessibility on our Website. As we work towards this goal, we welcome any questions or feedback that you may have for us. If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at [email protected].

Information About You And Your Use of the Website

To access certain features of the Website, such as the ability to contact us, offer to supply your content to us, or obtain a license to use content provided by our content suppliers, you may be asked to provide certain personal details or other information. Additionally, for certain Services, you will be required to set up an account (the “Account”) and set a username and password for your Account, as well as provide any further information that we reasonably request. Any usernames or passwords provided should be safeguarded at all times. You are solely responsible for keeping your usernames and/or passwords safe and secure, and for all activity using your usernames and/or passwords. You must maintain and promptly update your Account data to keep it true, accurate, current, and complete.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree that, to the extent permitted by law, Company will not be liable for any loss you may incur as a result of someone other than you using your account to access information, either with or without your knowledge.

You agree that all information you provide through the Website, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Notice, located at trainspot.ai/privacy-notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice. Additionally, you acknowledge and agree that transmissions made over the internet are never completely private or secure and that messages or information you send to the Website may be intercepted or read by others.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the content available on it is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except where you have entered into a binding, written agreement with us, these Terms and Conditions permit you to use the Website for your personal use only. You must not access or use for any commercial purposes any Services or materials available through the Website, except as permitted under binding Agreement Terms.

In addition, you must not:

  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website;
  • Modify copies of any materials from this site;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; and
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site;

except as permitted under binding Agreement Terms. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Copyright Infringement

If you believe that any user contributions or other materials on the Website violate your copyright, please provide us with the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • Your name, address, telephone number and email address (if available); and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

The Company’s DMCA designated copyright agent for notice of claims of copyright infringement on the Websites can be reached as follows:

E-mail: [email protected]

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

No Ideas Accepted

We do not accept any unsolicited ideas regarding the Website from outside the Company including, without limitation, suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

User Comments

We welcome your comments regarding the content provided on the Website. Any comments, notes, messages, ideas, feedback, or other communications (collectively, “Communications”) that you submit to us through the Website or by other means shall be and remain the exclusive property of the Company. For clarity, the content of any AI training materials that you submit in connection with a Content Provider Agreement is excluded from the definition of Communications. Your submission of any Communications shall constitute an assignment to the Company of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Communications. The Company will be entitled to use, reproduce, disclose, publish, and distribute any Communications you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Communications that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.

You agree that you own all rights to your Communications or, alternatively, that you have the right to grant us the rights described above; your Communications do not violate any Terms and Conditions set forth herein; and your Communications do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Communications for any reason; we may alter or edit Communications in our sole discretion and for any reason; and we may remove Communications from the Website for any reason.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree that you will not attempt (or encourage or support anyone else’s attempt) to access or use the Website in a manner that could harm us . You further agree not to use (or encourage or support anyone else’s attempt to use) the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries, or in violation of our or any third party’s intellectual property or other proprietary or legal rights.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website, including taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
  • Do anything that could disable, damage or change the functioning or appearance of the Services
  • Perform text and data mining activities under Art. 4 of the EU Directive on Copyright in the Digital Single Market or under any other applicable law related to artificial intelligence.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

For Information Purposes Only; No Personal Advice

The information and content presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, by anyone who may be informed of any of its contents, or by anyone who obtains all or part of the licensed content available through the Website.

The information contained on or made available through the Website (including but not limited to information contained in message boards) cannot replace or be a substitute for the services of trained professionals in any field. No content provided on the Website or by any user or supplier of content available on the Website should be understood or used as the sole basis of any financial, technology, health, legal or other decision or conduct. Such content does not constitute professional, legal, tax, investment, financial, health or other advice, nor does any information on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. The Company is not a fiduciary by virtue of any person’s use of or access to the Website or any content available through the Website.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all documents, images, sounds, and content of any manner and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website and Terms and Conditions

All information posted on the Website is subject to change at any time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. In addition, we may revise and update these Terms and Conditions at any time at our sole discretion. All changes are effective immediately when we post them, and any material modifications will only be applied prospectively. We will make any such changes by posting them on the Website. You should check the Website for such changes regularly so you are aware of any changes, as they are binding on you. Your continued access to the Website after such changes demonstrates your acceptance of those changes.

Linking to the Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Communication by Email

You may choose to receive email updates about new content available on the Website or additional marketing emails from us about our Services (“Communications”) by signing up for them on the Website. By choosing to receive Communications, you agree and consent to receive emails from us, which may include links to content on the Website. Upon signing up for Communications, you will receive an email confirming that you want to receive Communications. You may unsubscribe from Communications at any time by clicking the “Unsubscribe” link at the bottom of any email that you receive or by emailing us at [email protected].

We reserve the right to either modify or discontinue certain Communications, at any time with or without notice to you. The Company also reserves the right to unsubscribe a user from the Communications service, without notice, and at our sole discretion. The Company will not be liable to you or any third party should we exercise such right.

Geographic and Age Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by persons over 18 years old. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Company offers a search feature for licensed content available through the Website. Company explicitly disclaims any responsibility for the content or availability of information contained in our website search index. Company further disclaims any responsibility for the completeness or accuracy of any search result.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE WEBSITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR SERVICES, PRODUCTS OR ANY ACTIVITY RELATED TO USE OF THE WEBSITE OR $100 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL COMPANY AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. COMPANY MAKES NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE WEBSITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content, Services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.

Governing Law; Dispute Resolution; Arbitration

These Terms of Service shall be governed and construed in accordance with the laws of the State of New York, without regard for its conflicts of laws principles. Venue for any dispute concerning, involving, or in any way implicating these Terms of Service shall lie exclusively in the federal and state courts of New York, New York and the Parties hereby consent to in personam jurisdiction in such courts.

Any disputes arising from or related to these Terms of Service or their enforceability, or the business relationship between the parties, shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under JAMS’ Expedited Procedures in its Comprehensive Arbitration Rules and Procedures or of the International Center for Dispute Resolution (“ICDR”) in effect on the date of the commencement of the arbitration to be held in the following jurisdiction closest to you: New York, New York or San Francisco, California. All aspects of the arbitration proceedings shall be in English. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms of Service. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, Trainspot shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Trainspot, such action is necessary or desirable. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any proceeding within the scope of this paragraph shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.

You consent to service upon you of any required notice or process concerning or relating to these Terms of Service to be solely by registered mail or overnight courier with proof of delivery, except in the event that you have not provided a postal mail address, in which case you consent to service by any lawful means.

Regarding any dispute with Trainspot, you waive any right you may have to trial by jury and to commence or participate in any class action.

You will reimburse Trainspot for its legal fees, costs, and disbursements associated with any successful effort to enforce its rights under this Agreement.

You and Trainspot agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Trainspot within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Trainspot agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

Severability

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies; Entire Agreement

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy. The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Trainspot, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments

This website is operated by Trainspot, Inc.

Should you have any feedback, comments, requests for technical support, notices of copyright infringement claims and other communications relating to the Website, please direct them to: [email protected].