Effective Date/Last Updated: March 2010

My Black Journey WebSite Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. The National Railroad Passenger Corporation, also commonly known as Amtrak (hereinafter “Amtrak,” “we,” “us”) provides this website and all site-related services (collectively, the “Site”) subject to your compliance with the terms of use set forth in this agreement (the “Terms of Use”). These Terms of Use and the MyBlackJourney.com Privacy Policy [A1] (collectively, the “Agreement”) govern the relationship between Amtrak and you, the registered or unregistered user with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Site.

We reserve the right at any time to:

  • Change the terms and conditions of this Agreement;
  • Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
  • Change any fees or charges for use of the Site.

Any changes we make will be effective immediately and automatically without further or special notice. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms of Use.

Content Disclaimer

MyBlackJourney.com offers customers various travel resources, such as destination guides, to help you plan your next vacation with Amtrak.  However, Amtrak makes no representation or warranty about the accuracy of such guides and other travel resource content.

Additionally, MyBlackJourney.com provides a fun place for Amtrak customers to share their Amtrak experiences.  Please note that all comments, visuals, videos and other type of material posted by individuals on this Site (“User Submissions”) does not necessarily reflect the opinions or ideals of Amtrak, its employees or affiliates.  Amtrak does not necessarily endorse nor is responsible for User Submissions on this Site or the accuracy of information, opinions, claims, or advice shared here by registered users.

A possibility exists that the Site could include inaccuracies or errors, or information.  Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that you discover an error or have a concern regarding the accuracy of the information, please contact us clicking on the link marked “Contact Us” displayed on the MyBlackJourney.com [A2] home page with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement,” below.

Code of Conduct

While using the Site, you agree not to:

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Use the Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content or information that, in our sole judgment, is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our 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 of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
  • 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 the Site;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site;
  • “Frame” or “mirror” any part of the Site without our prior written authorization;
  • Link to any page of or content on the Site other than the URL located at http://www.myblackjourney.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 the Site or its contents; or
  • Harvest or collect information about Site visitors or members without their express consent.

While using the Site, you agree to comply with all applicable laws, rules and regulations.

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: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Amtrak to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 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:

Designated Agent

Director National Advertising
National Railroad Passenger Corporation
10 G Street, NE, Suite 3E-538
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.

Please note that the above name/address is for notifications of claimed copyright infringement only. Send all other notifications of legal matters to the following address: Amtrak Law Department, 60 Massachusetts Avenue, NE, Washington, DC 20002.

For all communications which are NOT concerning a legal matter, please click on the link marked “Contact Us” displayed on the MyBlackJourney.com home page.[A3]

Ownership and Restrictions on Use

The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, and links (collectively, the “Materials”), are intended to educate and inform you about Amtrak and Amtrak related services. The 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 only have a license to copy and print travel resources contained in the Materials for your personal use.  Otherwise, you may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by Amtrak or, if so indicated in writing by Amtrak, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Amtrak, Amtrak’s licensors and suppliers, and others. The Trademarks owned by Amtrak, whether registered or unregistered, may not be used in connection with any product or service that is not Amtrak’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Amtrak. Nothing contained on the Site should be construed 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. Misuse of any Trademarks is prohibited, and Amtrak will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

Acela®, Acela Club®, Acela Express®, Acela Regional®, Adirondack®, Amfleet®, Amtrak®, AmtrakConnectSM, Amtrak Adventures®, Amtrak Express®, Amtrak Guest Rewards®, Amtrak Travel ConciergeSM, Amtrak Vacations®, Amtrak West®, Ann Rutledge®, Arrive®, ARTE®, Auto Train®, Blue WaterSM, California Zephyr®, Capitol CorridorSM, Capitol LimitedSM, CapitolsSM, Cardinal®, Carl Sandburg®, Carolinian SM, Cascades®, Catch A Train Online®, Choo Choo Chewies®, City of New Orleans®, ClockerSM, ClubAcela®, Coast Starlight®, Crescent®, Empire Builder®, Empire Service®, Ethan Allen Express®, The FederalSM, Great American Stations®, Heartland Flyer®, Hiawatha®, Hoosier State®, Illini®, Illinois Zephyr®, InternationalSM, Julie®, Kansas City Mule®, Keep Moving®, Keystone Service®, Lake CitiesSM, Lake Shore Limited®, Lincoln®, Maple LeafSM, Metroliner®, New York By Rail®, North America Rail Pass®, Northeast RegionalSM, Pacific Surfliner®, Palmetto®, PennsylvanianSM, Pere Marquette®, Piedmont®, Quiet Car®, Rail2Rail®, RegionalSM, Saluki®, San Joaquins®, Share Fares®, Silver Meteor®, Silver Palm®, Silver Service®, Silver Star®, SkylineSM, SmartPass®, Southwest Chief®, St. Louis MuleSM, State House®, Sunset Limited®, Superliner®, Surfliner®, Texas Eagle®, The Coast Starlight®, The Great American Stations®, The Smarter Shuttle®, TrainsportationSM, Travel Green®, Tripfolio®, Twilight LimitedSM, Twilight ShorelinerSM, U.S.A. Rail®, VermonterSM, Viewliner® and Wolverine® are trademarks and service marks of the National Railroad Passenger Corporation.

Rules for Rewards Programs, Sweepstakes and Contests

Any rewards programs, sweepstakes or contests that are accessible through the Site are governed by specific rules. By entering such programs, sweepstakes or contests or participating therein you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review the MyBlackJourney.com Privacy Policy [A4] which, in addition to this Agreement, governs any information you submit in connection with such reward programs, sweepstakes or contests.

Linking

You are granted a limited, non-exclusive right to create a hyperlink to the URL located at MyBlackJourney.com provided such link does not portray Amtrak or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, in Amtrak’s sole judgment. You may not use an Amtrak logo or other proprietary graphic or trademark of Amtrak to link to this Site without the express written permission of Amtrak. This limited right may be revoked 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. With the exception of www.amtrak.com, the linked sites are not under the control of Amtrak and Amtrak is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Amtrak is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Amtrak of the site or any information contained therein. When leaving the Site, you should be aware that these Website Terms of Use no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Please also be sure to read the MyBlackJourney.com Privacy Policy[A5] .

Registration

To access certain features of MyBlackJourney.com, you will have to create a MyBlackJourney account.  To create a MyBlackJourney account, you will have to create a unique username and password. When setting up your account, you must provide true and accurate information. You are solely responsible for keeping your password secure and for any activity that occurs at the Site using your password. You must notify Amtrak immediately by e-mailing Amtrak at connels@amtrak.com of any breach of security or unauthorized use of your account. You must never use another user's account without his or her authorization.

If you register to become a member, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form and any accompanying user agreement or user terms and conditions (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.

As part of the registration or membership process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.

You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem by clicking on the link marked “Contact Us” on the MyBlackJourney.com home page. [A6] You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.

If you seek to become a Registered User or to submit materials to the Site, you affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Site is not intended for children 13 years of age or younger.

Your User Submissions

As a MyBlackJourney registered user you may submit material, including, but not limited to, audio, videos, pictures, other images, comments, and text. Any material you submit to the Site using your password are collectively referred to as "User Submissions."

1.   By providing any User Submissions to the Site, you hereby grant Amtrak the following rights:

(a) An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free perpetual license under any copyright, trademark, right of publicity, right of privacy and other right in or relating to any User Submission to modify or create derivative works based upon such User Submissions and to use, copy, distribute, publicly display, publicly perform, reproduce and otherwise exploit such User Submissions and any such modifications or derivative works, including, without limitation, the title(s) and each and every element of the User Submissions or of any such modification or derivative work, in whole or in part, in any and all manner and media (whether now known or hereafter invented or discovered) and for any purpose, including, without limitation, on the Site and in advertising, publicity, promotional and marketing materials;

(b) An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free perpetual right to use your name, voice, image, likeness, and biographical data in connection with any User Submissions and any promotional activity, including, without limitation, on the Site and in credits, advertising, publicity, promotional and marketing materials; and

(c) An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free perpetual right to use the name, voice, image, likeness, and biographical data of any other individuals portrayed in your User Submission in connection with any User Submissions and any promotional activity, including, without limitation, on the Site and in credits, advertising, publicity, promotional and marketing materials; and

(d)  An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free perpetual right to sublicense or assign or otherwise transfer to any other person or entity any rights granted by you under these Terms of Use.

2.   You hereby acknowledge and agree that:

(a)  Amtrak shall have the right to arrange, organize, classify and categorize any User Submissions and any modifications thereof or derivative works based thereon in any way it desires in Amtrak’s sole discretion;

(b) Amtrak shall have the right to publish or display commentary or criticism submitted by other Users regarding or relating to any User Submission in Amtrak’s sole discretion, and you waive any claims against Amtrak based upon any such commentary or criticism, including, without limitation, any claims for defamation;

(c) Amtrak shall not have any obligation to provide you with any credit when using any of your User Submissions, but in the event Amtrak chooses to provide you with credit the size and placement of the credit shall be at Amtrak’s sole discretion;

(d) No confidential or fiduciary relationship exists between you and Amtrak, and no such relationships have been established by reasons of these Terms of Use or by reason of your submission of any User Submissions to Amtrak;

(e) To the maximum extent permitted under applicable law, you hereby waive any "droit moral" or "moral rights" that you may have in any User Submissions, and, accordingly, you hereby approve any and all uses, public performances, public displays, publications, reproductions and other exploitations of the User Submissions or of any modifications of or derivative works based thereon that Amtrak or any successor or transferee thereof or any third party sublicensed or otherwise authorized by Amtrak or any successor or transferee thereof, directly or indirectly, may make, and you expressly agree that no such uses, public performances, public displays, publications and other exploitations will or may cause harm to your honor or reputation and that no modification of or derivative works based upon any User Submissions by Amtrak or any successor or transferee thereof or by any third party sublicensed or otherwise authorized by Amtrak or any successor or transferee thereof, directly or indirectly, will be deemed to constitute a distortion or mutilation of any User Submissions;

(f) You are not authorized to create any derivative works based upon the Site or any part thereof, including any Amtrak or third party content thereon (other than your own User Submissions) (collectively, the "Content"), to copy, download, distribute, publish, publicly perform, publicly display, reproduce or otherwise exploit the Site or Content or any such derivative work, or to in any way use any Amtrak trademark, service mark, trade dress or trade name (including, without limitation, any Amtrak logo or slogan), and you agree not to do any of the foregoing;

(g) Upon notice from Amtrak, you will immediately disable and remove any link to the Site or any part thereof, including, without limitation, to any User Submissions on any part of the Site;

(h)  No User Submissions will include any link of any type to any address on the Internet or other network, including, without limitation, any page that is part of any other website;

(i)   You are not entitled to any compensation or other payment from Amtrak in connection with any User Submissions or otherwise relating to the Site or any activity thereon;

(j)   Amtrak has not made any promises or representations to you in order to induce you to provide any User Submissions;

(k) You will not circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site or the Content;

(l)   Amtrak reserves all rights not expressly granted in and to the Site and the Content;

(m) Amtrak does not endorse or recommend any Content submitted by any third party or any opinion, recommendation, or advice expressed therein, and Amtrak expressly disclaims any and all liability in connection with any Content.

3. You represent and warrant that:

(a) You are at least eighteen (18) years of age;

(b)  You have the full power and authority to enter into these Terms and Conditions, to grant the rights herein and to perform all of your obligations set forth in these Terms and Conditions;

(c) You are the author of your User Submissions and each and every element of the User Submissions is an original work created by you;

(d) You are the sole and exclusive owner of your User Submissions and all of the trademarks, copyrights and other intellectual property contained therein;

(e) No third party is entitled to any compensation or payment as a condition for or in connection with the exercise of any rights granted hereunder relating to any User Submissions by Amtrak or any successor or transferee thereof or direct or indirect sublicensee of Amtrak or any successor or transferee thereof;

(f) No User Submissions violate the privacy or publicity rights of any person or include or reveal any trade secrets or other confidential information;

(g) No User Submission contains, depicts or promotes any (i) pornography or sexually explicit or suggestive content; (ii) obscene or offensive content, including any content that disparages any persons based upon race, color, religion, gender, national origin, sexual orientation, transgender status, handicap or age; (iii) other content that would be inappropriate for or potentially harmful to minors; (iv) content that libels, slanders or defames, or that would tend to harm, embarrass or reveal private facts about, any person or entity; (v) criminal or illegal acts; (vi) violent or dangerous acts; or (vii) viruses, "Trojan horses," spyware or other malicious or surreptitious code of any type or nature;

(h) Neither the distribution, nor the public performance, display, reproduction nor any other exploitation of your User Submissions shall violate any law, ordinance or regulation of any jurisdiction, whether inside or outside of the United States; and

(i) Your User Submissions do not constitute or contain an advertisement or solicitation of business of any kind.

4.   You understand that Amtrak may use your User Submissions, in whole or in part, for advertising, marketing or promotional purposes.

5.   You are solely responsible for your User Submissions, the consequences of posting or publishing your User Submissions, and any material or information that you transmit to other members and for your interactions with other users of the Site.

6.   You shall not sue, and you irrevocably, unconditionally and entirely release, and forever discharge Amtrak and its advertising agencies and other contractors or service providers and their respective parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors, assigns and sublicensees, jointly and individually (hereinafter collectively referred to as "Releasees"), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Releasees with respect to any exercise of any right granted hereunder or pursuant hereto and/or your decision to provide Amtrak with any User Submissions. Without limiting the generality of the foregoing, you specifically acknowledge that you shall not be entitled to equitable or injunctive relief, and you knowingly and voluntarily waive any such right, and you shall not seek to prevent or inhibit the exhibition, distribution, reproduction, broadcast or other use or exploitation of any of your User Submissions and any modifications or derivative works based on such User Submissions by Amtrak or any Releasee.

7.   You acknowledge that your User Submissions may contain concepts, ideas, proposals, suggestions and the like. You hereby acknowledge and agree that:

(a) Amtrak receives numerous submissions from many parties and/or may have independently developed and/or considered similar concepts, ideas, proposals, suggestions or the like and that Amtrak’s review of any concepts, ideas, proposals, suggestions or the like included in your User Submissions is not an admission of novelty, priority or originality; and

(b)  Amtrak is authorized to use, disclose or otherwise exploit any concepts, ideas, proposals, suggestions or the like, whether or not based on your User Submissions, without any obligation to you whatsoever and without compensation to you.

8.   You understand that Amtrak will be acting in reliance upon your grant of rights, representations, warranties and indemnities in these Terms and Conditions and may incur substantial expense in reliance upon such grant of rights, representations, warranties and indemnities.

9.   You hereby acknowledge that you have kept a copy of any User Submissions for your own use and that Amtrak will not return any User Submissions provided by you. Amtrak shall have the right to retain or destroy any User Submissions at its sole discretion, and you hereby release Amtrak from any claims related thereto.

10. You shall not have the right to assign or otherwise transfer these Terms and Conditions or any of your rights, obligations or duties of performance herein and any such assignment or other transfer shall be null and void unless expressly accepted by Amtrak in writing, in its sole discretion. These Terms and Conditions are binding upon and shall inure to the benefit of the respective permitted sublicensees, successors, heirs and permitted assigns of the parties hereto.

Your Conduct

We welcome your participation in MyBlackJourney.com and look forward to receiving and displaying your postings and submissions. As a registered user of MyBlackJourney.com, you commit to the following:

  • You will not send or otherwise post unauthorized commercial communications (such as spam).
  • You will not upload viruses or other malicious code.
  • You will not bully, intimidate, or harass any user.
  • You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
  • You will not use this Site to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not facilitate or encourage any violations of these Terms of Use.
  • You will not post content or take any action on this Site that infringes or violates someone else’s rights or otherwise violates the law.
  • You will not use our copyrights or trademarks (including Amtrak, Acela, or Amtrak Vacations), or any confusingly similar marks, except in reference to your travel experience on shared on this Site.
  • You will not post anyone’s sensitive personal or financial information on this Site.
  • You will identify yourself as an Amtrak employee or contractor if you are one.

Amtrak does not monitor every User Submission on MyBlackJourney.com.  However, Amtrak reserves the right to remove any content or information you post on the Site if we believe that it violates these Terms of Use.

Submission Guidelines

  • Each article posted on MyBlackJourney.com should be no longer than 400 words. Articles should be written in first person, in a formal tone, and should include minimal slang. Please make sure to spell check and review your submission for any grammatical or punctuation errors. Articles should focus on the train travel experience and why the destination/location is of interest to African American travelers.
  • Photos must be in one of the following file formats: JPG, GIF or PNG and must be smaller than 5 MB in size. Remember to include a caption with each photo so that readers know what the photo is depicting, captions should not exceed 100 words per photo.
  • Videos must be in one of the following file formats: AVI, MPEG, QuickTime, Real, or Windows Media and must be no more tan 100 MB in size and 3 minutes in length. If the video is hosted on a YouTube channel, please provided MyBlackJourney with the link. Videos should depict your surroundings, please do not submit "diary" or "stand up" videos in which you stand in front of the camera and narrate. Use a microphone for interviews, when possible.
  • Ensure that all photos and videos are in focus, and that you have obtained the permission to post the photo or video from every identifiable individual that is depicted, or have edited the photo or video so that other individuals are not identifiable. If you have included photos or videos of a business, please be sure to inform the business of the purpose of your photo or video prior to submitting the photo or video to MyBlackJourney.

Termination & Account Termination

This Agreement shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

Amtrak may, at any time and in its sole discretion, terminate your use of or access to MyBlackJourney.com with or without notice, including, without limitation, by cancelling your account and disabling your password. Further, Amtrak’s policy is to terminate members and accounts that have, or that Amtrak believes have, repeatedly posted infringing materials to the Site or otherwise violated these Terms of Use.

Disclaimers

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AMTRAK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE AND YOUR USE THEROF, 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 AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE 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 THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF AMTRAK OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

NEITHER AMTRAK NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR 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 THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.  IN NO EVENT SHALL AMTRAK HAVE ANY LIABILITY TO YOU WHATSOEVER RESULTING FROM (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMTRAK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. AMTRAK’S MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE ONE HUNDRED DOLLARS ($100.00). 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.

YOU SPECIFICALLY ACKNOWLEDGE THAT AMTRAK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

You agree to indemnify, defend and hold Amtrak, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, contractors, consultants, agents and other representatives, harmless 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 us or transmit to the 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 the Site, including display of any of your User Submissions.

Questions

If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us by clicking on the link marked “Contact Us” displayed on the MyBlackJourney.com home page[A7] .

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. This site is operated by National Railroad Passenger Corporation (Amtrak) at National Railroad Passenger Corporation, 60 Massachusetts Avenue, NE, Washington, DC 20002, (800) USA-RAIL.

Miscellaneous

  • 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.
  • The Site is controlled and offered by Amtrak from its facilities in the United States of America. Amtrak makes no representations that the Site is appropriate or lawfully available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  • You agree to submit to the exclusive jurisdiction of any Federal court located in the District of Columbia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
  • 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.
  • This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Amtrak’s prior written consent.
  • No waiver by either party of any breach or default hereunder shall be deemed to be 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.
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