- SMBC Rail Services LLC (collectively with its affiliates, “SMBC”) provides this Customer Portal and the information in it (the “Content”) solely as a courtesy, for general information purposes only. The Content is based upon information obtained from third parties and SMBC has not independently verified any of the Content. The Content shall not be considered as a recommendation or endorsement, and you should not regard it as an all-inclusive list from SMBC. The Content should not be relied on and is not a substitute for the exercise of appropriate skill, judgment and experience.
- The Content is provided AS-IS, with all faults. SMBC makes no representations or warranties whatsoever about the Content. Without limiting the breadth of the foregoing, SMBC is not responsible for any liabilities, including, but not limited to, environmental liabilities, including, but not limited to, liability arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), now existing or in the future. No oral or written statements provided to you by an SMBC representative shall create a representation or warranty (unless otherwise expressly agreed upon in a writing executed by an authorized representative of SMBC). The Content changes frequently, and SMBC may revise or update the Content at any time without notice, but SMBC makes no commitment to update this information.
- Your lease, master service contract or other agreement (each, an “agreement”) with SMBC continues to govern the terms of your agreement with respect to any railcar and the Content does not, in any way, supersede, amend, or inform your agreement. If your agreement requires that repairs or cleaning be completed at specific shops, you should comply with your agreement. Your use of the Content does not in any way create any duty or obligation of SMBC to you. SMBC makes no claims, promises, or express or implied representations or warranties of any kind, including, but not limited to, warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose, warranties arising by course of dealing, custom or trade, or warranties as to the Content, including, but not limited to, any representations or warranties about the completeness, accuracy, quality, suitability, availability, or reliability of this Customer Portal or the Content.
- In no event shall SMBC have any liability whatsoever to any party for any damages arising from or relating to the Content, including, but not limited to, direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages, or damages for loss of profits, additional lease payment obligations, business interruption, loss of information and loss of business opportunities. Your sole and exclusive right and remedy against SMBC in case of dissatisfaction with this Customer Portal, related services or any other grievance shall be to terminate and discontinue your access to or use of the Content.
- Access to the Customer Portal and the Content is subject to the following conditions: (i) all of the Content is considered confidential; (ii) you will maintain the Content in confidence and shall not disclose any of the Content to others excepts as expressly permitting by these Terms and Conditions; (iii) you will ensure that all Content is protected with security measures and a degree of care that would apply to our own confidential information; (iv) you will not make any copies of the Content or reproduce it in any form; (v) you will maintain effective internal procedures with respect to maintaining the confidentiality and use of confidential information, including the Content; and (vi) you will not use the Content for any purpose in violation of United States securities laws or any other applicable laws.