General
The L.B. Foster Rail Technologies, Inc. website services are information services ("LBFRT information services") that are provided by L.B. Foster Company, L.B. Foster Rail Technologies, Inc. and affiliated companies ("L.B. Foster Group") the use of which is subject to the following Terms of Use.
By accessing the LBFRT information services and using their content, you acknowledge and agree that you have read and understood the following terms of use and agree to be bound by them. Do not use the L.B. Foster Company website if you do not agree with these terms of use. As used below, the terms "we", "us" and "our" refer to L.B. Foster Company and its subsidiaries ("L.B. Foster Group Companies").
The LBFRT information services are available for information purposes only. The posting of content and access to the LBFRT information services do not represent, either explicitly or implicitly, any provision of services or products by us. Information concerning financial products or services (including insurance, asset management and banking) is only available from the relevant L.B. Foster Group companies.
No information of the LBFRT information services should be interpreted as an offer or a solicitation for an offer or as advice on investment, legal, tax or other matters. Where such advice is required, a professional should be consulted.
We endeavor to ensure that all content provided by the LBFRT information services is up-to-date. However, we do not warrant that said information is up-to-date, accurate or complete.
All content of the LBFRT information services, including, but not limited to, graphics, text and hyperlinks or references to other sites, is subject to alteration without prior notice and is provided "as is" and without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or other harmful components.
We do not warrant the adequacy, accuracy, reliability or completeness of any information of the LBFRT information services and expressly disclaim any liability for errors or omissions therein.
We do not warrant that the functions of the LBFRT information services will be uninterrupted and/or error-free, that defects will be corrected or that the LBFRT information services or the servers that make them available are free from computer viruses or other harmful components.
We expressly disclaim any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your accessing or using or inability to access or use the LBFRT information services or your reliance on its content, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the LBFRT information services, regardless of our knowledge thereof. The same is true of any content appearing on any of the L.B. Foster Group companies' websites.
For your convenience certain hyperlinks or referenced websites in the LBFRT information services may take you to third parties' websites, which generally are recognized by their top level domain name. Their content has not been investigated or analyzed by us, and we do not warrant the adequacy, accuracy, reliability or completeness of any information on hyperlinked or referenced websites and expressly disclaim any liability for any and all of their content. By accessing the LBFRT information services, you also agree to abide by the proprietary guidelines applicable to any website accessed or hyperlinked through the LBFRT information services.
We reserve the right to change, modify, add to, or remove portions of these terms of use at any time.
In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes close to the intention underlying the unenforceable provision.
If we receive a payment instruction authorized by you and the instruction is erroneous in any way, we shall have no obligation or liability for the error.
Please be aware that certain types of bank accounts have limits on the numbers of transfers or withdrawals that may be made per month. Your bank may refuse transfers which would exceed such limits, so we recommend you check with your bank to determine what limitations are imposed on withdrawals from any account. If we are not able to debit the amount required to cover an authorized payment and any fees from your bank account, the payment you have authorized may not be made, and we will not be held liable if the payment is not made. We have no obligation to try to debit an account for a specific payment more than once.
If you allow other users to access this Service, you are authorizing payments they initiate through this Service. Any signer on your bank accounts is authorized to make payments, even if your account otherwise requires two or more signatures for withdrawals. You agree that you are an authorized signer or owner of any account you instruct us to debit or charge.
When you initiate a payment through this Service, you authorize us to (a) debit the bank account you designate through the Automated Clearing House or (b) charge the credit card account you designate. If your payment is made by debit to a bank account, you agree that you and your payment will be subject to the rules of the National Automated Clearing House Association.
You agree to regularly and promptly review and verify all transactions either through this Service or through the monthly statements received from your bank or credit card issuer holding your account(s). Also, if your bank or credit card statement shows transactions by us that you did not authorize, contact your bank or card issuer promptly.
If we do not complete a payment which you have authorized in a timely manner, in accordance with these terms, we will be liable only for your direct losses or damages. However, there are some exceptions. We will NOT be liable, for example, when:
a. Through no fault of ours, your account does not contain sufficient available funds for us to debit the account in the amount of the payment due, or your account does not have sufficient available credit for us to charge the amount of the payment due.
b. Circumstances beyond our control (i.e., fire, flood, interruption of internet access) prevent or impede the transaction, despite reasonable precautions we have taken.
c. The funds in your account are subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting transfers at the time we attempt to debit your account for an authorized payment(s).
d. The information you have supplied to us is incorrect, incomplete or not timely.