Terms & Conditions
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By logging in with the account we create and provide to you, you represent and guarantee that you are above the age of 18 and, if accessing the Service on behalf of an entity or other organization that you are legally authorized to act on behalf of that entity/organization. By logging in, you further represent and guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. Access to the service is prohibited by users under 18 years of age.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You may use the Service as reasonably necessary for informational purposes only in the ordinary course of your own business. While we use reasonable and best efforts to ensure data is accurate, we provide no guarantee or warranty that the data is complete and/or free of errors. Therefore, you should confirm that your data is accurate and complete for your intended use before relying on the data provided by the Service. Your use of the Service is thus at your sole risk.
You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), or the laws of the United States and Canada. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under these Terms of Service.
You agree not to share, reproduce, duplicate, copy, sell, resell or exploit any data obtained from the Service, portion of the Service, use of the Service, or access to the Service without our express written permission, other than as expressly provided herein.
Links To Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by Union Tank Car Company. Union Tank Car Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Union Tank Car Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Union Tank Car Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Union Tank Car Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Union Tank Car Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
For specific technical, legal, regulatory information, users of the Service are advised to refer to materials published by the appropriate agency or regulatory body.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
With respect to the Procor.com website (excluding Link-Net access), these terms shall be governed by the laws of Canada. With respect to all other uses of the Service, including the Union Tank Car Company website (utlx.com) and Link-Net website (including when hosted on a procor.com domain), these Terms shall be governed by and construed in accordance with the laws of the State of Illinois, in the United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Use and Disclosure of Personal Information
You consent that we may use your Personal Information to: (a) administer and improve our website and business; (b) contact you; (c) send you non-marketing commercial communications; (d) send you quotes or other notifications you have requested; (e) send you marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email (you can inform us at any time if you no longer require marketing communications); (f) deal with inquiries and complaints made by you relating to our website; or (g) communicate with you for other purposes which are evident from the circumstances or about which we inform you when we collect Personal Information.
Non-Disclosure of Personal Information
Security and Confidentiality
We will take reasonable and appropriate measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration or destruction. We will store Personal Information on secure servers which are both password-protected and firewall-protected. E-mail over the internet is generally unencrypted. Invoices delivered by e-mail from the Service are encrypted so that only appropriate personnel are able to decode your information.
International Data Transfers
We may collect and process information about your visit to this website, such as the pages you visit, the website you came from and some of the searches you perform. We use this information to help improve our website and to compile aggregate statistics about individuals using our website for internal, market research purposes.
We may install “cookies” that collect the domain name of the user, internet service provider, operating system, and the date and time of access. A cookie is a file containing an identifier that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies do not typically contain any information that personally identifies a user, but Personal Information we store about you may be linked to the information stored in and obtained from cookies. Cookies do not damage your computer.
Most browsers allow you to refuse to accept cookies. For example, in Internet Explorer you can block cookies using the cookie handling override settings available by clicking “Tools,” “Internet Options,” “Privacy,” and then “Advanced.” In Firefox, you can block all cookies by clicking “Tools,” “Options,” “Privacy,” selecting “Use custom settings for history” from the drop-down menu and unclicking “Accept cookies from sites.” In Chrome, you can block all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings” and “Content settings,” and then selecting “Block sites from setting any data.”
You can also delete cookies already stored on your computer. For example, Internet Explorer, you can manually delete cookie files following these instructions //windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11. In Firefox, you can delete cookies by clicking “Tools,” “Options” and “Privacy,” then selecting “Use custom settings for history” from the drop-down menu, clicking “Show Cookies,” and then clicking “Remove All Cookies.” In Chrome, you can delete all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings” and “Clear browsing data,” and then selecting “Cookies and other site and plug-in data” before clicking “Clear browsing data.”
Do Not Track Signals
The Service uses Google Analytics, which itself tracks users’ browsing while using the Service, in order to provide us usage information that allows us to continually enhance our service offerings. We therefore do not respond to Do Not Track (DNT) signals.
Like many websites, we also use a tool called Google Analytics to collect information about the use of our website. We use Google Analytics to help us better understand our web traffic. Google Analytics collects information such as how often users visit our website, what pages they visit when they visit our website, and what other websites they visited prior to our website. Google Analytics collects only the IP address assigned to you on the date you visit our website, rather than your name or other identifying information. We do not combine the information collected through Google Analytics with any other Personal Information. Although Google Analytics plants a permanent cookie on your Web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. You can prevent Google Analytics from recognizing you on return visits by disabling cookies on your browser.
Corrections and Objections