On-board Wi-Fi Terms of Service
Please read the following information carefully before using On-board Wi-Fi. You may not use On-board Wi-Fi without accepting these On-board Wi-Fi 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"), the California Department of Transportation ("Caltrans"), and the Capitol Corridor Joint Powers Authority ("CCJPA").
Acceptance of Terms of Service
BY CLICKING "I AGREE" ON THE ON-BOARD WI-FI WELCOME 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 On-board Wi-Fi. Your electronic acceptance of the Agreement by clicking "I Agree" on the welcome page has the same effect as if you had actually signed the Agreement.
If you choose to use other Amtrak, Caltrans and/or CCJPA services while using On-board Wi-Fi, your use will be governed by the terms and conditions provided to you in association with those services.
Changes to These Terms of Service
Please note that the Terms of Service may change at any time without notice. Please review the Terms of Service each time you connect to On-board Wi-Fi 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 On-board Wi-Fi. The most recent update to the Terms of Service is indicated near the top of the page. Any change in the date of the Terms of Service since the last time you connected shall constitute notice that the Terms of Service have changed since your last connection.
Fee for On-board Wi-Fi
On-board Wi-Fi is provided free of charge to Amtrak passengers. However, Amtrak, Caltrans and/or CCJPA reserve the right at any time to charge for use of On-board Wi-Fi.
Proper Use
As a courtesy to your fellow passengers, you must turn off any audible sound or use headphones while accessing On-board Wi-Fi. As On-board Wi-Fi is a shared Internet connection, we ask that you refrain from downloading large files and playing streaming video to ensure 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 On-board Wi-Fi in compliance with these Terms of Service and not use On-board Wi-Fi 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 On-board Wi-Fi or allow On-board Wi-Fi to be used, for any purpose or in any way that interferes with or disrupts other passengers, operations or network or damages the property of Amtrak, Caltrans, and/or CCJPA.
Improper uses include, but are not limited to:
- Violating any applicable law or regulation;
- Posting or transmitting content you do not have the right to post or transmit;
- Posting or transmitting content that infringes or violates a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;
- 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;
- Harming, or attempting to harm, minors in any way;
- Attempting to intercept, collect or store data about third parties without their knowledge or consent;
- Accessing, tampering with or using non-public areas of On-board Wi-Fi, computer systems or network;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- 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";
- Using, or attempting to use, On-board Wi-Fi to send altered, deceptive or false source-identifying information;
- Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to On-board Wi-Fi, overloading, "flooding," "spamming," "crashing," or "mailbombing" On-board Wi-Fi; and
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; forging headers or otherwise manipulating identifiers to disguise the origin of any material transmitted through On-board Wi-Fi.
Third Party Services
On-board Wi-Fi may allow you to view, access or download content, data, services, or products that are provided by third parties ("Third Party Services"). Amtrak, Caltrans and CCJPA do not control, does not endorse, and are not responsible for such Third Party Services, including any Third Party Services provided on the On-board Wi-Fi landing page. You acknowledge and agree that each Amtrak, Caltrans and CCJPA shall not liable for any loss or damage you may incur as a result of the availability of Third Party Services, or as a result of any reliance placed by you on the completeness, accuracy or existence of any information, advertising, products or other materials on, or available from, Third Party Services. You acknowledge that the third parties who provide Third Party Services may, at any time, change the means by which the Third Party Services are viewed or accessed, and consequently, your ability to use On-board Wi-Fi to facilitate your access to any Third Party Services may be temporarily or permanently disabled. You agree that each Amtrak, Caltrans and CCJPA shall have no responsibility or liability to you whatsoever in relation to the Third Party Services or continuing access to the Third Party Services.
Amtrak may, but is not obliged to, block data transmissions to protect Amtrak, Caltrans, CCJPA, On-board Wi-Fi, or the public.
Disclaimer of Warranties
Amtrak, Caltrans and CCJPA each 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 On-board Wi-Fi. Amtrak, Caltrans and CCJPA each disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Amtrak, Caltrans and CCJPA each disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through On-board Wi-Fi.
ON-BOARD WI-FI, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN ON-BOARD WI-FI ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. AMTRAK, CALTRANS AND CCJPA EACH 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, CALTRANS AND CCJPA EACH DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ON-BOARD WI-FI. AMTRAK, CALTRANS AND CCJPA EACH DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ON-BOARD WI-FI. AMTRAK, CALTRANS AND CCJPA EACH DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON ON-BOARD WI-FI OR RECEIVED THROUGH ANY LINKS PROVIDED BY ON-BOARD WI-FI, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN ON-BOARD WI-FI.
YOU UNDERSTAND AND AGREE THAT (A) ON-BOARD WI-FI MAY NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE THAT ON-BOARD WI-FI WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED, (C) ON-BOARD WI-FI HAS NO CONTROL OVER THIRD PARTY SERVICES OR SITES YOU MAY VIEW OR ACCESS IN THE COURSE OF YOUR USE OF ON-BOARD WI-FI, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF ON-BOARD WI-FI 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
YOU UNDERSTAND AND AGREE THAT (A) ON-BOARD WI-FI MAY NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE THAT ON-BOARD WI-FI WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED, (C) ON-BOARD WI-FI HAS NO CONTROL OVER THIRD PARTY SERVICES OR SITES YOU MAY VIEW OR ACCESS IN THE COURSE OF YOUR USE OF ON-BOARD WI-FI, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF ON-BOARD WI-FI 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.
Limitation of Liability and Indemnification
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AMTRAK, CALTRANS AND CCPJA AND THEIR RESPECTIVE 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 THEY HAVE 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, CALTRANS AND CCJPA ARE 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 ON-BOARD WI-FI.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL AMTRAK, CALTRANS OR CCJPA 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 ON-BOARD WI-FI, OR WITH ANY PROVISIONS IN THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ON-BOARD WI-FI.
AMTRAK MAY TERMINATE YOUR ACCESS TO ON-BOARD WI-FI 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, Caltrans and CCJPA and their respective 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 On-board Wi-Fi, including liability, damages or costs (including litigations costs and attorneys' fees). In such a case, Amtrak, Caltrans or CCJPA will provide you with written notice of such claim.
Miscellaneous
This Agreement is governed by and construed in accordance with the laws of California, United States of America, without regard to its principles of conflict of law. In any lawsuit in which Caltrans is a party, you agree to submit to the exclusive jurisdiction of a court of competent jurisdiction within the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts. In any lawsuit in which Caltrans is not a party, you agree to submit to the exclusive jurisdiction of the federal courts of the District of Columbia 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.
Capitol Corridor is the registered service mark of the Capitol Corridor Joint Powers Authority. Amtrak is a trademark of the National Railroad Passenger Corporation.
