Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Railcrew Xpress Client Portal and associated web applications (collectively, the "Services") provided by Railcrew Xpress, LLC ("RCX," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you are accessing the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Services

Railcrew Xpress provides client-facing web applications that allow authorized users to:

• View and manage crew transportation trip information
• Access real-time trip tracking and status updates
• Review trip history and generate reports
• Manage account preferences and settings

The specific features and applications available to you depend on the service agreement between your organization and Railcrew Xpress.

3. Account and Authentication

Access to the Services requires authentication through your organization's identity provider (such as Microsoft Entra ID). You are responsible for:

• Maintaining the security of your account credentials
• All activities that occur under your account
• Notifying your organization's administrator and Railcrew Xpress immediately of any unauthorized use of your account

Railcrew Xpress reserves the right to suspend or terminate access to any account that we reasonably believe has been compromised or is being used in violation of these Terms.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable federal, state, local, or international law or regulation
• Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems or networks connected to the Services
• Use the Services to transmit any malicious code, viruses, or other harmful technology
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to reverse-engineer, decompile, or disassemble any portion of the Services
• Use automated means (bots, scrapers, crawlers) to access the Services without our written consent
• Share your account access with unauthorized individuals
• Use data obtained from the Services for any purpose not authorized by your organization's service agreement with Railcrew Xpress

5. Intellectual Property

The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by Railcrew Xpress, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for the purposes described in your organization's service agreement with Railcrew Xpress.

6. Data and Confidentiality

Information accessed through the Services, including trip data, client information, and operational details, is confidential. You agree to:

• Treat all data accessed through the Services as confidential
• Not disclose or share data with any third party without authorization from both your organization and Railcrew Xpress
• Use the data only for the business purposes for which it was provided
• Comply with all applicable data protection and privacy laws

7. Service Availability

We strive to provide reliable and continuous access to the Services. However, we do not guarantee that the Services will be available at all times. The Services may be temporarily unavailable due to:

• Scheduled maintenance (we will endeavor to provide advance notice)
• Emergency maintenance or security updates
• Circumstances beyond our reasonable control, including internet service provider failures, force majeure events, or third-party service outages

8. Disclaimer of Warranties

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAILCREW XPRESS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF RAILCREW XPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Railcrew Xpress and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party

11. Termination

Railcrew Xpress may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Grounds for termination include but are not limited to:

• Violation of these Terms
• Termination or expiration of the service agreement between your organization and Railcrew Xpress
• Request from your organization's administrator
• Extended periods of inactivity

Upon termination, your right to access and use the Services will immediately cease.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Clay County, Missouri, and you consent to the personal jurisdiction of such courts.

13. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and may notify you through the Services or by other means. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Railcrew Xpress regarding the use of the Services. These Terms supersede any prior agreements or communications regarding the subject matter herein.