General
Colorado Pacific Railway (“CPR”) makes available any and all information, materials, tools, services and products on this website and through other channels including through voice and email interaction (collectively, the “Tools”), subject to the following terms and conditions (“Terms of Use”). The availability or display through the Tools of information, materials, services and products does not confer or convey any rights or create any license except strictly as may be expressly provided in these Terms of Use.
Please review the Terms of Use carefully. Use of the Tools is subject to the following Terms of Use, which constitute a legal agreement between you and CPR. By accessing and using the Tools, you acknowledge that you have read, understood and agree to be bound by the terms and conditions stated in or incorporated by reference by this legal notice. If you do not agree to the Terms of Use, do NOT use the Tools.
Portions of the Tools may contain or display information and other material supplied by third parties and are subject to their rights and policies separate and apart from those of CPR (“Third Party Content”). You agree to comply with all copyright notices, information, licensing terms or other restrictions provided below under the heading Third Party Terms, or contained in or provided with Third Party Content (collectively, “Third Party Terms”).
You further acknowledge and agree that there are additional tools or functions that may be accessed through the Tools, such as, without limitation, electronic payment, shipment tracing, transit time estimations, and other customer support features, that may require you to agree to additional terms and conditions. Nothing in this Terms of Use is meant to diminish the rights and/or responsibilities set forth in any such other agreement.
Revisions and Errors
CPR and its third party suppliers reserve the right to revise the Terms of Use at any time–at their sole discretion, by updating this posting. By using the Tools, you agree to be bound by the then current version of these Terms of Use and should periodically visit this page to review these changes.
Additionally, the Tools may contain technical, factual, typographical or other inaccuracies or errors, which may include errors in software embedded in the Tools or offered for download. CPR may at any time make corrections, improvements and changes to the information, service(s), software or other product(s) provided or described in the Tools, and reserves the right to remove any of them at any time without notice.
Intellectual Property Notice
Intellectual Property Notice Copyright © 2023 Colorado Pacific Railway. All rights reserved.
Except as specifically permitted herein, no portion of the information in the Tools may be reproduced in any form or by any means without the prior written permission of CPR. Trademarks, service marks, and trade names displayed in the Tools are the property of their respective owners.
Third Party Content is subject to separate copyright and other intellectual property notices stated in the Third Party Terms below.
CPR Limited License
Use of CPR Content. “CPR Content” includes any content in any form that is supplied by CPR only. Content supplied in whole or in part by Third Party Suppliers are supplied subject to the applicable Third Party Terms separate and apart from this CPR Limited License.
Except as may be otherwise provided elsewhere in the Tools, you may view, copy, print, and distribute CPR Content available through the Tools subject to the following conditions:
- CPR Content may be used solely for personal informational purposes and, except solely for business purposes in support of your business relationship with CPR, for non-commercial purposes only;
- CPR Content may not be modified or altered in any way;
- CPR Content shall not be copied onto your or any other party’s World Wide Web site or other publicly available repository of information;
- CPR Content shall not be included in or with any product that you distribute to third parties, nor shall they be used to create derivative works;
- Any copy of any CPR Content or portion thereof must include one or more rights notice as specified below. If the CPR Content contains no Third Party Content whatsoever, use the following notice (“CPR Notice”):
Intellectual Property Notice Copyright © 2023 Colorado Pacific Railway. All rights reserved. Use or reproduction is subject to a limited license granted by CPR, as set forth in the Terms of Use section of its World Wide Web Site (www.cxrgrr.com). Reliance upon the content of this or any part is specifically limited by the provisions of such section. Any other use, distribution, reproduction or reliance is strictly prohibited. Trademarks, service marks, and trade names displayed are the property of their respective owners. - If the CPR Content contains any Third Party Content, your right, if any, to reproduce such Third Party Content is governed by the applicable Third Party Terms.
- CPR reserves the right to revoke your CPR Limited License at any time without prior notice or liability. Upon written or electronic notice from CPR revoking your license you shall immediately discontinue any use of the Tools.
No License for Design and Layout, Trademarks. Absolutely no license is granted to the design or layout of the Tools (including without limitation, individual design and graphic elements), or any trademarks or trade names used in the Tools. Such elements are protected by copyright, Trademarks, service marks, and other laws and may not be used, copied or imitated in whole or in part. Trademarks, service marks, are the property of their respective owners.
Provisions Not Exclusive. The provisions of this CPR Limited License are not exclusive. They are supplemented by and must be read together with applicable provisions under the heading Disclaimers, Limitation, Exclusions below.
Third Party Terms
Subject to any specific Third Party Terms provided together or in conjunction with Third Party Content, the following provisions shall apply:
- Third Party Content. You acknowledge that the Third Party Content displayed or available through the Tools contains information and other material that is protected by copyright, trademark or other proprietary rights of third party content providers. You agree to comply with any additional copyright notices, information, or restrictions contained in any Third Party Content. You may not publish, transmit, transfer or sell, reproduce, distribute, perform, display, or in any way exploit any of the Third Party Content, in whole or in part. You may not sublicense any Third Party Content to any third party or use the Third Party Content in any other media or in any location other than through the Tools. You may not alter the Third Party Content in any way or create any derivative works from the Third Party Content.
- Termination of Access to Third Party Content. CPR’s licensors and suppliers reserve the right, at their discretion, to restrict, suspend or terminate your access to all or any part of Third Party Content at any time for any reason without prior notice or liability. CPR’s licensors and suppliers may change, suspend or discontinue all or any aspect of Third Party Content, including the availability, without prior notice or liability.
- Provisions Not Exclusive. The provisions set out under the heading Third Party Terms are not exclusive. They are supplemented by and must be read together with applicable provisions under the heading Disclaimers, Limitation, Exclusions below.
Disclaimers, Limitations, Exclusions
Disclaimer of Warranties. NEITHER CPR NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE TOOLS WILL BE UNINTERRUPTED OR ERROR FREE. CPR AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT WITH RESPECT TO (1) THE TOOLS, ANY THIRD PARTY WEB SITE AND (2) ANY CONTENT INCLUDING WITHOUT LIMITATION, THIRD PARTY CONTENT, CPR DOCUMENTS AND OTHER CONTENT (COLLECTIVELY, “ALL CONTENT”). THE AVAILABILITY OF ALL CONTENT DEPENDS ON MANY FACTORS, INCLUDING CPR’S CONNECTION TO THE INTERNET, THE AVAILABILITY OF THE INTERNET AND THE INTERNET BACKBONE, AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. CPR AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS OR ACCURACY OF ANY CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE TOOLS AND ANY THIRD PARTY WEB SITE AND THE ACCURACY OR COMPLETENESS OF ALL CONTENT IS ASSUMED SOLELY BY YOU.
Limitation of Liability. IN NO EVENT SHALL CPR OR ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY LOST PROFITS OR LOST DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY TO YOU. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT CPR OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.
Biometric Data. As part of the Tools, CPR employs certain products and services to verify the identity of individuals based on the collection, storage, and use of their biometric data. When you use these types of products and services, the technology may capture and extract data from a scan of your retina or iris, a scan of your hand or face geometry, your fingerprint, and/or your voiceprint (individually and collectively referred to as “Biometric Data”). Accordingly, you agree that CPR may collect, store, and use your Biometric Data to verify your identity and to keep an accurate record of your interactions with CPR. Any Biometric Data collected, stored, or used by CPR shall be retained for a period of up to three years of your last interaction with the particular product or service with which you registered your information, at which point CPR shall permanently destroy the biometric data in accordance with CPR guidelines.
Privacy Policy. Any personal information provided by customers, visitors and other users of the Tools is used for CPR’s internal purposes only. CPR does not plan to divulge, sell or lease any personal information, customer listings or aggregate data gathered through the Tools to any third party. HOWEVER, please be aware that other web sites that may be accessed through the Tools may collect personally identifiable information about you. The information practices of those third party sites linked to CPR are not covered by this privacy statement.
No Confidential Information. Except strictly as may be expressly provided in a specific separate agreement between CPR and you, CPR does not want to receive confidential or proprietary information from you through the Tools. Accordingly, you agree that any information or material received by CPR in this manner will be deemed to be not confidential. CPR cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Third Party References or Linked Sites. CPR assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this Site. References or links to other parties’ World Wide Web sites, or such parties’ activities, services and products, are provided “AS IS” without warranty of any kind, either express or implied. Any such links are provided only as a convenience, and the inclusion of a link to a particular site does not imply that CPR endorses or has investigated or verified the content of that site.
Information Disclosed. Information disclosed under the corporate and securities laws of jurisdictions applicable to CPR is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on the Tools. CPR makes no representation that materials or information available on the Tools are appropriate or available for use in other jurisdictions, and accessing them from jurisdictions where their contents are illegal is prohibited.
Governing Law and Jurisdiction
The Tools are controlled by CPR from its offices located in Fort Worth, Texas. By accessing the Tools, you agree that all matters relating to your access to, or use of, the Tools including its content shall be governed by the laws applicable in the State of Texas, without regard to the conflicts of laws principles thereof. You and CPR also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts with jurisdiction in Texas with respect to such matters.