Terms of Service
Thank you for registering an account with Missouri Rail Group, LLC d/b/a Ozark Mountain Railcar (hereinafter “OMR”). Please read these Terms of Service (“Terms”, “Terms of Service”, “TOS”) carefully before using the www.ozarkmountainrailcar.com website (“Website”) operated by OMR. Your access to and use of the Website is conditioned on your acceptance and compliance with these terms. These Terms apply to all visitors, users and others who access or use the Website (the “User”). By registering an account with OMR, the User is acknowledging that he/she/it has read the provisions of the Terms in their entirety and is/are agreeing to be bound by said provisions. In the event the User does not agree to any or all of the Terms contained herein, the User will not be allowed access to the Website and the User’s account will be closed.
CONFIDENTIALITY AND PROPRIETARY INFORMATION: By accepting these Terms of Service, the User is agreeing to enter into a Confidentiality Agreement with OMR. The User not required to buy any of the items or products listed on the Website; however, the User is not allowed to release any of the information contained in the Website to any third parties without prior written permission from OMR. The Website contains proprietary information that is the work product of OMR and is made available to potential buyers to assist them with purchasing the products and items listed on the Website. Every few weeks the login cookie generated by the website will expire. The information contained in the Website is proprietary and may not be shared or used for any other purpose including, but not limited to, third parties who may wish to use the information therein contained for their own financial gain.
OMR and its employees, agents, affiliates, and representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of OMR, or divulge, disclose or communicate in any manner, any information that is proprietary to the User. OMR and its employees, agents, affiliates, and representatives will protect such information and treat it as strictly confidential. This provision shall survive any termination, expiration, or cancellation of these Terms.
BUYERS AGENCY AGREEMENT: By registering an account with OMR, the User is agreeing to enter into a Buyers Agency Agreement with OMR with respect to the items listed on the Website. The User is not required to purchase any product or item listed on the Website; however, if the User does desire to purchase any product or item listed on the Website, then the User is agreeing to complete the purchase of said product(s) or item(s) through OMR exclusively. The User agrees that it will not contact any seller directly in order to make a purchase of any product(s) or item(s) that are currently listed or any product(s) or item(s) that was previously listed on the Website but the listing has expired. This Agency Agreement does not extend to any items or products not listed with OMR or on the Website. TERM: The Buyers Agency Agreement with respect to the product(s) or item(s) listed on the Website or listed by OMR shall terminate three (3) years from the date the User registers an account on the Website (the “Agency Period”). Further, the Buyers Agency Agreement shall also apply to any expired or current listings of OMR presented or described to User by anyone affiliated with OMR during the Agency Period if a sales agreement is entered into by User within 180 days after expiration of the Agency Period (the “Protection Period”).
PURCHASES: OMR will provide with User with brokerage services to assist with the purchase of railroad rolling stock, equipment, parts and services as represented by OMR. User agrees to utilize the services of OMR to facilitate the purchase of any product(s) or item(s) listed by OMR or on the Website. User agrees that any inspections, offers for purchase or lease, and any related transfer of information required on any product(s) or item(s) listed by OMR, on the Website, or through any of OMR’s listing clients will be handled through the office of OMR. User agrees not to disclose any information regarding equipment location, ownership, and any other details revealed through the purchasing process to any third parties or other prospective buyers. User agrees that any and all decisions made regarding purchasing, which may be based on information provided by OMR or information on the Website, are entirely the responsibility of the User.
ERRORS OR OMISSIONS: OMR makes all reasonable efforts to ensure that the information provided through OMR and/or the Website is accurate; however, it is possible from time to time there may be occasional errors or omissions, for which OMR and its employees, agents, affiliates, and representatives shall not be held responsible. OMR makes no representation or warranty, express or implied, as to the accuracy or completeness of the information provided or the contents of the Website. Neither OMR nor its related companies, associates, directors, officers, employees, affiliates, or agents shall have any liability to any person(s) or entity(ies) for any direct, special, indirect or consequential damages, or any other damages of any kind whatsoever including negligence, or for costs or expenses resulting from the use of the information provided by OMR or the contents of the Website. Any and all decisions which may be based on information provided by OMR, its employees, agents and/or representatives, or information provided on the Website, are entirely the responsibility of the User.
INDEMNIFICATION: User agrees to fully exonerate, indemnify and hold harmless OMR and its employees, agents, affiliates and representatives from and against all claims or actions and all expenses and costs (including attorney’s fees), incidental to the defense of any such claims or actions based upon or arising out of any damage or injury (including death) to person or property caused by or sustained in connection with the performance of the provisions of these Terms, or by conditions created thereby, and, if requested by OMR, to assume without expense or costs to OMR, the defense of any such claims or actions.
TERMINATION: OMR may terminate or suspend access to the Website immediately, without prior notice, for any reason whatsoever, including without limitation if you breach any of the Terms. All provisions of the Terms shall survive termination, without limitation, and you should still be bound by the provisions contained herein.
REMEDIES: In addition to OMR’s right to terminate or suspend access to the Website, it shall also have the right to pursue all available remedies and damages under the law including, but not limited to, breach of contract, and shall be entitled to recover any attorney’s fees or costs expended therein. SEVERABILITY: If any provision of these Terms will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a Court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed and enforced as so limited.
GOVERNING LAW: These Terms shall be construed under the laws of the state of Missouri. Jurisdiction for any litigation related to these Terms shall be exclusive to Taney County, Missouri. In the event either party has to bring suit on account of the other party’s violation of these Terms, the non-breaching party shall be entitled to reimbursement for its reasonable attorney’s fees and costs incurred therein. The User, by accepting these Terms, agrees to waive his/her/its right to a jury trial in the event it is necessary to file suit.