The Fine Print




WHOLE FOODS (AUSTIN)

AmtrakConnect Terms of Service 

Please read the following information carefully before using AmtrakConnect.  You may not use AmtrakConnect without accepting these AmtrakConnect Terms of Service (“Terms of Service”).  These Terms of Service represent a binding agreement (“Agreement”) between you and the National Railroad Passenger Corporation, commonly known as Amtrak (“Amtrak”).

Acceptance of Terms of Service

BY CLICKING ON “I AGREE” ON THE AMTRAKCONNECT START PAGE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THIS AGREEMENT.

If you do not agree to these Terms of Service, you may not use AmtrakConnect.  Your electronic acceptance of the Agreement by clicking on “I Agree” on the start page has the same effect as if you had actually signed the Agreement.

If you choose to use other Amtrak services while using AmtrakConnect, your use will be governed by the terms and conditions provided to you in association  with those services.

A Note About Changes to These Terms of Service

Please note that these Terms of Service may change at any time without special notice to you. Please check back to review these Terms of Service whenever you connect to AmtrakConnect as you will be deemed to have read, understood, received notice of, and agreed to any changes. These Terms of Service supersede all previous terms or statements concerning AmtrakConnect.  The date of the last update to these Terms of Service is always indicated near the top of the page and any change in the date of these Terms of Service since the last time you connected shall constitute notice to you that the Terms of Service  have changed since the last time you connected.

Fee for AmtrakConnect

AmtrakConnect is provided free of charge to Amtrak passengers.  However, Amtrak reserves the right at any time to charge for use of AmtrakConnect.

Your Responsibilities

AmtrakConnect is a wireless network that allows you to connect to the Internet.  An 802.11b-compatible device is required to enable AmtrakConnect to operate. You are responsible for supplying any necessary equipment, technology and software to use AmtrakConnect.  You are responsible for ensuring that your device is compatible with AmtrakConnect and that it meets federal and other applicable standards.  Network speed will vary based on device configuration, compression and network congestion.  The availability and performance of the Service is subject to all limitations in the device.

You understand that AmtrakConnect, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted.  You agree that you are solely responsible for providing security measures that are suited for your intended use of AmtrakConnect, including protecting your data and equipment from viruses, spyware and other harmful components. You also agree that you are solely responsible for any security breach or accidental disclosure of your personal information in your use of AmtrakConnect.

You are responsible for paying any charges that you incur from third parties through your use of AmtrakConnect.

Proper Use

As a courtesy to your fellow passengers, you must turn off any audible sound or use headphones while accessing AmtrakConnect. As AmtrakConnect is a shared Internet connection,  we ask that you refrain from downloading large files and playing streaming video so that there is adequate bandwidth for fellow passengers. Amtrak reserves the right to restrict access to certain audio and video streaming sites and will block access to external sites as necessary to prevent use of excess bandwidth for audio and video streaming.

You agree to use AmtrakConnect in compliance with these Terms of Service and that you will not use AmtrakConnect in a manner prohibited by any federal, state, or local law or regulation, and will abide by these Terms of Service. You may not use AmtrakConnect or allow AmtrakConnect to be used, for any purpose or in any way that interferes with or disrupts other passengers or Amtrak’s operations or network or damages Amtrak’s property.

Improper uses include, but are not limited to:

(a) Violating any applicable law or regulation;

(b)Posting or transmitting content you do not have the right to post or transmit;

(c) Posting or transmitting content that infringes or violates a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other right;

(d) Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, threatening, obscene, hateful, harmful or otherwise objectionable as determined in Amtrak’s sole discretion;

(e) Harming, or attempting to harm, minors in any way;

(f) Attempting to intercept, collect or store data about third parties without their knowledge or consent;

(g) Accessing, tampering with or using non-public areas of AmtrakConnect, computer systems or network;

(h) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

(i) Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, “pyramid schemes”, “spam”, “chain mail” or “junk mail”;

(j) Using, or attempting to use, AmtrakConnect to send altered, deceptive or false source-identifying information;

(k) Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a “virus” to AmtrakConnect, overloading, “flooding,” “spamming,” “crashing,” or “mailbombing” AmtrakConnect; and

(l) Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; forging headers or otherwise manipulating identifiers in order to disguise the origin of any material transmitted through AmtrakConnect.

Content Disclaimer

Amtrak does not control and is not responsible for data, content, services, or products that you access or download through AmtrakConnect.  Amtrak may, but is not obliged to, block data transmissions to protect Amtrak, AmtrakConnect, or the public.

Disclaimer of Warranties

Amtrak disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or accessible through AmtrakConnect. Amtrak disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material.  Amtrak disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through AmtrakConnect.

AMTRAKCONNECT, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN AMTRAKCONNECT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. AMTRAK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AMTRAK DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF AMTRAKCONNECT. AMTRAK DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH AMTRAKCONNECT. AMTRAK DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON AMTRAKCONNECT OR RECEIVED THROUGH ANY LINKS PROVIDED BY AMTRAKCONNECT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN AMTRAKCONNECT.

YOU UNDERSTAND AND AGREE THAT (A) AMTRAKCONNECT WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE THAT AMTRAKCONNECT WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED, (C) AMTRAKCONNECT HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF AMTRAKCONNECT, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF AMTRAKCONNECT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Support and Feedback

Amtrak provides printed materials with basic information on how to connect to AmtrakConnect. Amtrak does not expressly provide technical support or troubleshooting any connectivity issues, problems, or questions that may arise. Amtrak employees cannot assist in making changes to your network settings or perform any troubleshooting on your computer.  For any questions that are not addressed in Amtrak’s published materials, please consult the manual or manufacturer of your device. Amtrak employees are not required to know how to assist with any technical questions or issues you may have with regard to your use of AmtrakConnect, but will be glad to answer questions as and when they are able to the extent that their knowledge permits. Amtrak welcomes your feedback at www.amtrak.com/contactus.

Limitation of Liability and Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AMTRAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF AMTRAK HAS  BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM ANY CHANGES TO THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.  YOU SPECIFICALLY AGREE THAT AMTRAK IS  NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT OF YOURS OR OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, ARISING ON, FROM, OR IN CONNECTION WITH AMTRAKCONNECT.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL AMTRAK BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR-CONDITIONING.

IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH AMTRAKCONNECT, OR WITH ANY PROVISIONS IN THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AMTRAKCONNECT.

AMTRAK MAY TERMINATE YOUR ACCESS TO AMTRAKCONNECT AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT CAUSE, AND WILL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY TERMINATION.

You agree to hold harmless and indemnify Amtrak and its officers, directors, employees, contractors and agents harmless from and against any third party claim arising from or in any way related to your use of AmtrakConnect, including liability, damages or costs (including litigations costs and attorneys’ fees).  In such a case, Amtrak will provide you with written notice of such claim.

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. 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.  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.

The term Wi-Fi® is a registered mark of the Wi-Fi Alliance®. Amtrak®, Acela®, Acela Express®, AmtrakConnectsm and Enjoy the journeysm are service marks of the National Railroad Passenger Corporation.

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