Terms of Use

Web Notices and Site Terms of Use

PLEASE READ THIS WEB NOTICES AND SITE TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE. The National Railroad Passenger Corporation, also commonly known as Amtrak (hereinafter “Amtrak,” “we,” “us”), provides this Web Site and all Site-related services (collectively, the “Site„) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between Amtrak and you, the Site visitor, with respect to your use of this Site. You must read carefully and understand the terms and conditions of this Agreement. By using this Site, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use this Site.

Amtrak reserves the right at any time to:

  • change the terms and conditions of this Agreement; or
  • change this Site, including eliminating or discontinuing any content on or feature of this Site.

Any changes made will take effect immediately and automatically without further or special notice to you. Your continued use of this Site constitutes an acceptance of this Site’s most current Web Notices and Terms of Use. Revisit this page periodically to ensure familiarity with the most current version of this Agreement.

Code of Conduct

While using this Site, “Contact Us” page, any sweepstakes/contests/promotions offered on the Site, any Chat Rooms and/or Question & Answer Boards and/or information and materials provided through this Site, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the “Materials“), you agree not to:

  • restrict or inhibit anyone else from using this Site, including, without limitation, by means of “hacking” or defacing any portion of this Site;
    use this Site, the Materials or the Software for any unlawful purpose;
    express or imply that Amtrak endorses any statements you make without obtaining prior written consent from Amtrak;
  • post and/or transmit (a) any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable content or information, or content or information which infringes Amtrak’s 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 and/or confidential information of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • engage in spamming or flooding;
  • transmit any software or other materials 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 this Site, the Materials or the Software;
  • remove any copyright, trademark or other proprietary rights notices contained in this Site, the Materials or the Software;
  • “frame” or “mirror” any part of this Site without prior written authorization from Amtrak;
  • link to any page of or content on this Site other than the URL located at http://www.nationaltrainday.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 this Site or its contents; or

While using this Site, the Materials and/or the Software, you agree to comply with all applicable laws, rules and regulations; and, if you choose to provide information, including but not limited to personal information, on the Site (this is NOT required for usage of the Site), you agree that such information will be accurate.

User Submissions

Amtrak may solicit user submissions via the Site. Solicited user submissions are videos, photos, essays or other content provided by users in response to our specific request. AMTRAK DOES NOT ACCEPT UNSOLICITED USER SUBMISSIONS; NO IMPLIED CONTRACT IS FORMED BY SENDING US AN UNSOLICITED SUBMISSION.

Regardless of whether a user submission is solicited by Amtrak or not, the following provisions apply to all user submissions:

  • the user warrants and represents that he/she is the owner of all content comprising the user submission and, where such is not the case, that the user has secured all necessary licenses and other rights so that Amtrak may exploit the user submission without infringing the rights of any third party;
  • the user grants Amtrak and its designees a royalty-free, irrevocable, perpetual, worldwide, sublicensable, non-exclusive license to exploit the user submission both on the Site and in other media of Amtrak’s sole choosing (whether or not such media have been devised as of yet);
  • the user waives any “moral rights of authors” or other, like right he/she may have in the user submission;
  • the user agrees, upon Amtrak’s request and without compensation of any kind, to sign any documents that Amtrak may require to record, perfect or effect such grant of rights in the user submission;
  • the user agrees that Amtrak does not owe him/her any duty of confidence or fiduciary duty of any kind with regard to the user submission;
  • the user acknowledges that Amtrak has wide access to ideas, brand names and tag lines, photos, videos, designs and other literary/artistic materials, whether created by its own employees or third party contractors, and some of these materials may be competitive with, similar to (or even identical to) user submission(s), but Amtrak will have no liability to user (or any third party) in conjunction therewith.

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:

  1. Sufficient details to identify the copyrighted work that you believe has been infringed upon;
  2. 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;
  3. Information reasonably sufficient to permit Amtrak to contact you;
  4. 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;
  5. A statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. 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
60 Massachusetts Ave NE
Washington, DC 20002

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.
For all communications which are NOT concerning a legal matter, please click on the link marked “We Can Help” displayed on the home page.

Ownership and Restrictions on Use

This Site is owned and operated by Amtrak in conjunction with others pursuant to contractual arrangements, and 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. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through this Site in any way without prior written permission from Amtrak. You expressly agree that you do not acquire any ownership rights by using this Site, the Materials or the Software.

To request permission to copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through this Site, contact:

Crystal Hudson
10 G Street, NE3E-551
Washington, DC 20002

The trademarks, logos and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Amtrak, Amtrak’s licensors, partners and suppliers and others. You may not use the Trademarks owned by Amtrak, Amtrak’s licensors and suppliers and others, whether registered or unregistered, in connection with any product or service that Amtrak does not own, in any manner that might cause confusion with customers, or in any manner that disparages Amtrak in Amtrak’s sole and exclusive judgment. You should not construe anything contained on this Site 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. Federal and State law prohibits the misuse of any Trademarks, and Amtrak will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

The National Railroad Passenger Corporation owns the following trademarks and service marks: Acela®, Acela Club®, Acela Express®, Acela® Regional, Adirondack®, America’s Railroad®, Amfleet®, Amtrak®, Amtrak Adventures®, AmtrakConnect®, Amtrak Express®, Amtrak Guest Rewards®, Amtrak Metropolitan Lounge®, Amtrak Vacations®, Amtrak West®, Ann Rutledge®, Arrive®, Auto Train®, Blue WaterSM, California ZephyrSM, Capitol CorridorSM, Capitol LimitedSM, CardinalSM, Carl SandburgSM, CarolinianSM, Cascades®, Catch a Train Online®, Choo Choo Chewies®, City of New OrleansSM, ClockerSM, ClubAcela®, Coast StarlightSM, CrescentSM, Cross Country CaféSM, Empire BuilderSM, Empire Service®, Ethan Allen ExpressSM, Great American StationsSM, Heartland Flyer®, Hiawatha® Service, Hoosier State®, Illini®, Illinois Zephyr®, Julie®, Kansas City MuleSM, Keep Moving®, Kentucky Cardinal®, Keystone ServiceSM, Lake Shore Limited®, Lake Shore Limited®, Maple LeafSM, Metroliner®, Missouri River RunnerSM, Missouri ServiceSM, North America Rail Pass®, NortheastDirect®, Pacific Surfliner®, PalmettoSM, PennsylvanianSM, Pere MarquetteSM, Piedmont®, Quik-Trak®, self-service ticketing kiosk, Quiet Car®, Rail2Rail®, Saluki®, San Joaquin®, San Joaquins, Share FaresSM, Silver Meteor®, Silver Palm®, Silver Service®, Silver StarSM, SmartPass®, Smartrack Rewards®, Smartspend®, St. Louis MuleSM, Southwest Chief®, State House®, Sunset Limited®, Surfliner®, Texas EagleSM, The Smarter Shuttle®, Three Rivers®, Tripfolio®, USA Rail®, VermonterSM, ViewlinerSM and WolverineSM.

Amtrak reserves the right to immediately terminate this Agreement, and/or your access to and use of this Site or any portion thereof, at any time and for any reason, with or without cause.

Disclaimers

THIS SITE, THE MATERIALS ON THIS SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THIS 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, PARTNERS 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, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS SITE, THE MATERIALS AND/OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVER(S) ON WHICH THIS 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 THIS SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE MATERIALS AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF AMTRAK OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, PARTNERS OR VISITORS, WHETHER MADE ON THIS SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THIS SITE AND ANY MATERIALS PROVIDED THROUGH THIS SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that this Site or its Materials could include inaccuracies or errors, or information or Materials that violate these Site Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that third parties may make unauthorized alterations to this Site or Materials. Although Amtrak attempts to ensure the integrity of this Site, Amtrak makes no guarantees as to this Site’s completeness or correctness. In the event that a situation arises in which this Site’s completeness or correctness is in question, please contact Amtrak by clicking on the link marked “Contact Us” displayed on the home page of this Site with, if possible, a description of the material to be checked and the location (URL) where such material can be found on this Site, as well as information sufficient to enable Amtrak to contact you. Amtrak will attempt to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the Section on “Claims of Copyright Infringement,” above.

Limitation of Liability

NEITHER AMTRAK NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, AGENTS OR SPONSORS, NOR AMTRAK’S OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, 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 THIS SITE AND/OR MATERIALS CONTAINED ON THIS SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, MATERIALS, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THIS SITE, MATERIALS, SOFTWARE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF AMTRAK FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE FIVE HUNDRED DOLLARS ($500). 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.

Indemnification

You agree to indemnify, defend and hold harmless Amtrak, its affiliates, licensors, suppliers, advertisers and sponsors, partners and agents and Amtrak’s and their directors, officers, employees, consultants, agents and other representatives, 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 this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any submissions or other materials you submit to Amtrak or transmit to this 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 this Site.

Questions

Amtrak provides this Site. If you have any questions, comments or complaints regarding this Site or Agreement, feel free to contact Amtrak by clicking on the link marked “Contact Us” displayed on the home page of this Site.

Notice for California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Jurisdiction

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

Severability

If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

This is the entire Agreement between Amtrak and you, the Site visitor/user, relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between Amtrak and you, the Site visitor/user, with respect to such subject matter. You agree that you may not assign, transfer or sublicense this Agreement, unless you have obtained prior written consent from Amtrak. No waiver by either party of any breach or default hereunder shall constitute a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Linking

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Amtrak, Amtrak’s products and services or National Train Day in a false, misleading, derogatory or otherwise defamatory manner. You may not use any Amtrak, National Train Day or Amtrak-related logo or other proprietary graphic or trademark of Amtrak to link to this Site without Amtrak’s express written permission. Amtrak may revoke this limited right 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. Amtrak does not control the linked sites and Amtrak is not responsible for the content of any linked site, any link contained in a linked site or any review, changes or updates to such sites. Amtrak provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Amtrak of this site or any information contained therein. When leaving this 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. Please also read the National Train Day Privacy Policy, available via hyperlink on most pages of this Site.