Website Agreement

The FreightCar.com web site (the "Site") is provided by Railroad Technology Corporation (doing business as "FreightCar.com") to you subject to the following Agreement ("the Agreement"). Before you participate in the Site, FreightCar.com requires that you read this Agreement and acknowledge your acceptance of the Agreement through registration with FreightCar.com and by clicking "Yes" and "Submit" on the appropriate section of the Registration & Preferences page.

The Site, including all content, functions, materials and information made available on or accessed through the Site, are provided on an "as is" "as available" basis without representations or warranties of any kind whatsoever, expressed or implied, including without limitations, non-infringement, merchantability or fitness for a particular purpose. FreightCar.com does not warrant that the Site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. FreightCar.com makes no warranty that the Site will meet users requirements, and expressly disclaims any warranties or guarantees that by posting an asset on the site, the posted asset will be sold. If you are dissatisfied with the Site or any of the services on the Site, your sole remedy is to discontinue using the Site and the services. FreightCar.com makes no warranty regarding any goods or services purchased or obtained through the Site or of any transactions entered into through the Site. ALL EQUIPMENT & SERVICES ARE OFFERED SUBJECT TO PRIOR SALE OR RELEASE, ON AN "AS IS, WHERE IS" BASIS, AND WITHOUT REPRESENTATIONS OR WARRANTIES UNLESS OTHERWISE NOTED. No advice or information, whether oral or written, obtained by you from FreightCar.com shall create any warranty not expressly made herein. FreightCar.com expressly disclaims any endorsement or warranty of any goods sold on or through the Site and any responsibility for any misrepresentations or breaches committed by another user. In no event shall FreightCar.com be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Site, services or the content, materials and functions related thereto, including and with out limitation, loss of revenue or anticipated profits. In no event shall the total liability of FreightCar.com for all damages, losses and causes of action, either in contract or tort, including, but not limited to negligence or otherwise arising from this Agreement or your use of the Site and services to exceed, in the aggregate, $500. You shall indemnify, defend and hold harmless FreightCar.com., it's officers, directors, employees and agents (collectively, the "Indemnified parties") from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, attorneys' fees, incurred by an Indemnified Party in connection with any claims arising out of, based upon, or resulting from any breach or violation of this Agreement or any use of the Site). The relationship between you and FreightCar.com is that of independent contractors and no other relationship is intended or created by this Agreement. FreightCar.com may terminate this Agreement at any time, without prior notice, and your registration or use of the Site or services may be terminated, for any reason and at any time, in FreightCar.com's sole discretion.