Privacy Policy

Highlights

We want you to be informed of our privacy practices. The following applies to this website (www.anacostia.com) and covers how we collect and use the information we receive. This is only a summary. For more information, please read our complete Privacy Policy.

What Information is Collected?

  • We collect information you choose to submit; for example, when interacting with us online at https://www.anacostia.com
  • We may use common Internet technologies, such as cookies and web beacons, on our Web sites and in our e-mails to collect and store information.
  • We may collect usage statistics and other non-personal information.

How is Information Used?

  • We may use your information for marketing purposes and to inform you of services offered by us and our affiliates.

How is Information Shared?

  • We may share information about you with vendors we have hired to provide services on our behalf;
  • We may share information about you with our partners and companies that provide online content, if those companies host that content;
  • We will share your information with our related companies and subsidiaries.

What are Your Choices?

  • You may change incorrect information by contacting us;
  • You may unsubscribe from future e-mail messages and promotions from us;
  • You may also turn off cookies in your browser.

How is Information Protected?

We maintain administrative, technical and physical safeguards to protect your information.

Important information

Any personal information you provide will be maintained in the United States; We encourage you to read our full privacy policy.

How to contact us?

Questions about our privacy policy or about our handling of your information may be sent via e-mail to techsupport@anacostia.com.

INTRODUCTION

This Privacy Policy (together with our Terms of Use and any other documents referred to therein) describes the personal information that we collect from you, or that you provide on this website (https://www.anacostia.com, the “Site”), and how that information may be used or disclosed by us.  The terms, “we,” “us” and “our” as used herein refers to Anacostia Rail Holdings Company (“Anacostia”).

This policy does not apply to information collected on any third-party site that may link to or be accessible from our Site.

Please read the following carefully to understand our policies and practices regarding your personal information and how we will treat it. By using or accessing our Site, you agree to this Privacy Policy and the collection and use of your personal information in accordance with this Privacy Policy.  This Privacy Policy may change from time to time and your continued use of our Site is deemed to be acceptance of such changes, so please check this Privacy Policy frequently for updates.

If you choose to visit our Site, your visit and any dispute over privacy is subject to this Privacy Policy, our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the State of Delaware.  If you have any concern about privacy at Anacostia, please contact us at techsupport@anacostia.com with a thorough description, and we will try to resolve it. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

CHILDREN UNDER THE AGE OF 13

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to our Site. We do not knowingly collect personal information from children under 13. If you are under 13, please do not send or otherwise provide any information about yourself to us, including your name, address, telephone number or e-mail address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at techsupport@anacostia.com.

INFORMATION WE COLLECT ABOUT YOU

We collect several types of information from and about users of our Site, including:

  • Information you provide to us when interacting with our Site.
  • Information we collect as you navigate through the Site, including usage details, IP addresses, cookies, and web beacons
  • Information we receive from third parties, for example, our business partners and customers.

Information You Provide to Us

We may collect and use the following information that you provide to us:

  • Information that you provide by filling in forms or surveys on or through our Site. This includes information provided at the time of requesting further services on or through our Site. We may also ask you for information when you report a problem with our Site.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Details of entering into contests, sweepstakes, surveys, promotions or participating in events sponsored by us.

Usage Details, IP Addresses, Cookies and Web Beacons

  • Usage Details and IP Addresses. As you navigate through our Site, we may also collect details of your visits to our Site, including, but not limited to, traffic data, location data, logs and other communication data, as well as information about your computer and internet connection, including your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ equipment, browsing actions and patterns, and does not identify any individual.
  • Cookies. For the same reason, we may obtain information about your general internet usage by using cookies. A cookie is a small file stored on the hard drive of your computer. Use of cookies help us to improve our Site and to deliver a better and more personalized service by enabling us to:
    • Estimate our audience size and usage patterns.
    • Store information about your preferences, allowing us to customize our Site according to your individual interests.
    • Speed up your searches.
    • Recognize you when you return to our Site.
    • Keep track of items in your shopping cart.

You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may lose some features or functionality of our Site and be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site. Remember, however, that disabling cookies is browser specific.  If you access the Site using Internet Explorer, you must also disable cookies in, for example, Firefox if you use that browser at a different time.

  • Web Beacons. Pages of our Site may contain electronic images known as web beacons (also referred to as single-pixel gifs) that permit us to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Web beacons are not used to access your personal information on our Site and are only used to compile aggregated statistics concerning use of our Site.

USES MADE OF THE INFORMATION

We use information that we collect about you or that you provide to us, including any personal information, in the following ways:

Product and Service Fulfillment

  • Fulfillment and management of your requests for information or to otherwise service you.

Our Marketing Purposes

  • Deliver coupons, newsletters, promotions, notification of events and special offers, e-mail or mobile messages, etc.

Internal Operations

  • To present our Site and its contents in a suitable and effective manner for you and for your computer.
  • To notify you about changes to our service or products.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • For statistical purposes and reporting of aggregate data.

Legal Compliance

  • To carry out our obligations and enforce our legal rights or in response to legal actions.

DISCLOSURE OF YOUR INFORMATION

We may disclose personal information that you provide via our Site to the following third parties:

  • Our subsidiaries, affiliates and related companies.
  • Contractors and service providers we use to support our business.
  • In the event of merger, acquisition, or any form of sale of some or all of our assets, in which case personal information held by us about our customers could be among the assets transferred to the buyer.
  • We may disclose e-mail addresses as part of a suppression file or do-not-e-mail list to make sure that unsubscribe requests are forwarded to the appropriate parties to insure removal from databases, in compliance with law, including without limitation, the Can-Spam Act of 2003.

We may also disclose your personal information to third parties to:

  • Comply with any court order or other legal obligation.
  • Enforce or apply our Terms of Use
  • Protect the rights, property, or safety of Anacostia, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Cookies. If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of our Site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your e-mail address used for promotional purposes by us, you can opt-out/unsubscribe by clicking the “unsubscribe” or similar link in our e-mail correspondence with you. You can also always opt-out of receiving promotional e-mail information from us by sending us an e-mail stating your request to techsupport@anacostia.com.

You should review this Privacy Policy carefully, because if you do not agree with our practices, your ultimate choice is not to use our Site.  Remember, by using any part of our Site, you accept and agree to our privacy practices, our Terms of Use.  If we update this Privacy Policy, your continued use of our Site (following the posting of the revised Privacy Policy) means that you accept and agree to the terms of the revised privacy policy.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

You may contact us at techsupport@anacostia.com if you wish to view, edit, or delete your personal information from our database, and we will use commercially reasonable efforts to accommodate your request.

If you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of the Site, you should contact a representative of Anacostia at techsupport@anacostia.com.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to techsupport@anacostia.com or write us at: Anacostia Rail Holdings Company, Attn: IT Department, 224 South Michigan Ave., Suite 330, Chicago, IL 60604-2523.

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk.

LINKS TO OTHER WEBSITES

Our Site may contain links to other websites.  Each of these linked websites maintains its own independent privacy policies.  We do not control and are not responsible for the privacy policies or the content of those websites.  When you leave our Site and access websites of third parties, the privacy policies of the parties maintaining those websites shall control and we shall have no responsibility for the content or privacy practices of any third party website.

DISCLAIMER OF LIABILITY

Under no circumstances shall we, nor any of our subsidiaries or affiliates, be liable for any damages, including, but not limited to, direct, indirect, special, incidental, consequential or exemplary damages, that result from the use of the information or materials posted to or collected as a result of the user’s accessing our Site, even if we have been advised of the possibility of such damages.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page and our Site’s home page.  The date the privacy policy was last revised is identified at the top of the page.

ENFORCEMENT/REDRESS

If for some reason you believe that we have not adhered to this Privacy Policy, please notify us at techsupport@anacostia.com.  We will do our best to respond to your concerns and, when appropriate, take steps to correct a problem.  In any event, if any dispute arises under this privacy policy or through your use of our Site, you agree to be bound by the venue and choice of law provisions of our Terms of Use.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Anacostia Rail Holdings Company
Attn: IT Department
224 South Michigan Ave., Suite 330
Chicago, IL 60604-2523
e-mail:  techsupport@anacostia.com

Copyright 2014, Anacostia Rail Holdings Company, All Rights Reserved

ANACOSTIA RAIL HOLDINGS COMPANY
WEBSITE TERMS OF USE

Anacostia Rail Holdings Company (“Anacostia”) operates the following website https://www.anacostia.com (the “Site”).  The Site provide online access to information about us, our industry and our services (the “Service”).  The terms “we,” “us” and “our” as used herein refer to Anacostia.

Anacostia provides the Site for use by you (as permitted below) conditioned on your acceptance of Anacostia’s terms and conditions set forth in these Website Terms of Use (“Terms of Use”). Your access to and use of the Site constitutes your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.

Anacostia reserves the right, in its sole discretion, to change these Terms of Use at any time. Therefore, we recommend that you read these terms carefully each time you access or use the Site.
Anacostia strives to provide correct service and consumer care information, but we cannot guarantee the completeness or accuracy of this information on our Site, including without limitation: documents, videos, guides, search results, FAQ’s, manuals, service comparison information, etc.

**Please also review our Privacy Policy, as it contains important information regarding how we handle the data we collect about you and your personal information. Our Privacy Policy is incorporated into these Terms of Use.

Areas of the Site, including without limitation various pages, applications, or programs contained within or otherwise related to the Site, may have different terms of use beyond these Terms of Use. If there is a conflict between these Terms of Use and the terms of use or disclaimer posted for a specific area of a Site, the terms of use or disclaimer posted for that specific area of a Site shall be the terms with respect to your use of such area to the extent that they conflict with these Terms of Use.

NOTICE OF TRACKING FEATURES.  Anacostia may embed or include tracking features, including, but not limited to, cookies, beacons, bots, tags, water marks, tracking data, intentional non-material error in the data and other digital, electronic or non-electronic features to monitor and track the use of any data you receive through the service.  You understand and agree to the inclusion and use of these tracking features.

PERMITTED USE; RESTRICTIONS ON ACCESS.

You may use the Site solely for your own personal, non-commercial use. You may download or print portions of the content of the Site, but not any significant portion of the content and not for republication or other distribution. You may use such downloads/print copies only for your own internal business purposes or personal, non-commercial use, as applicable, and you may not remove the copyright and/or other proprietary notices located on any such content.

Your use of the Site must be in accordance with all applicable laws. You do not acquire any ownership rights in the Site or any portions of its content, nor any license to the Site or any portions of its content.

Anacostia does not allow unauthorized access (hacking) into the Site. The use of deep-links, page scrapes, web crawlers, spiders, web robots, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or other methodologies or practices that do the same or similar things, in connection with the Site is prohibited.

In your use of the Site, you shall not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise violate applicable law. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site.  You may not access portions of the Site that you are not given linked access by Anacostia such as, without limitation, through brute force attempts or to locate content through manipulation of the URL or subdomains.

To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on this site will be correct, current, and complete. If Anacostia believes the information you provide is not correct, current, or complete, Anacostia has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

SECURITY.

Please keep in mind that no Internet site is 100% secure. Thus, while Anacostia strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Anacostia reserves the right to release your details to system administrators at other Site in order to assist them in resolving security incidents. Anacostia reserves the right to investigate suspected violations of these Terms of Use.

Anacostia reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Anacostia to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ANACOSTIA, ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “ANACOSTIA COMPANIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANACOSTIA COMPANIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ANY OF THE ANACOSTIA COMPANIES OR LAW ENFORCEMENT AUTHORITIES.

INTELLECTUAL PROPERTY.

The entire content of the Site and all information, materials and other content that you see, hear or otherwise experience on the Site, including, but not limited to, text, design, software, photography, video, graphics, music, sound, and the selection, coordination, arrangement, and enhancement thereof (collectively, the “Content”) is protected under the copyright laws of the United States, international treaties and other intellectual property laws and is owned by or licensed to Anacostia or its partners, affiliates, contributors or third parties.

Subject to your continued compliance with these Terms of Use, Anacostia grants you a personal, non-exclusive, non-transferable license to use the Site, the Service and the Content and to download, print and store portions of the Content that you select.

Anacostia reserves all rights in the Site and its contents not granted to you pursuant to the above limited license. Without limiting the foregoing, except as permitted in these Terms of Use, you may not modify, publish, reproduce, duplicate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Site or the Content (in whole or in part) for any purpose. Your use of the Site does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Site.

DISCLAIMER OF WARRANTIES.

Anacostia cannot and does not represent or warrant that the Site or its servers will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.

THE CONTENT IS PROVIDED BY THE ANACOSTIA COMPANIES ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE ANACOSTIA COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT EMAILS SENT FROM ANY OF THE ANACOSTIA COMPANIES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF THE ANACOSTIA COMPANIES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE CONTENT INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THE ANACOSTIA COMPANIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.

ADDITIONAL DISCLAIMERS.  Without limiting the disclaimers otherwise set forth herein:

Correction of Errors and Inaccuracies.  The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Anacostia therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Anacostia does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Service and Pricing Information.  All descriptions, images, references, features, content, specifications, products, services and prices of products or services described or depicted on the Site are subject to change at any time without notice.  Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.

Third Party Links.  The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites.  Anacostia is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms or content of any such website.  Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Anacostia strongly recommends that you review and understand the terms and conditions, privacy policies, setting and information-sharing functions of each such third party website.  The links and interactive functionality for third party sites on the Site do not constitute an endorsement by Anacostia of such third party sites.  Other sites may link to our Site with or without our authorization, and we may block any links to or from the Site.  YOUR USE OF THIRD PARTY WEBSITE AND RESOURCES IS AT YOUR OWN RISK.

Jurisdictional Issues.  The Site is controlled and operated by Anacostia from the United States, and is not intended to subject Anacostia to the laws or jurisdiction of any state, country or territory other than that of the United States.  Anacostia does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.  In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.  We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ANY OF THE ANACOSTIA COMPANIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY, THE “ANACOSTIA RELATED PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (I) ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY THE ANACOSTIA RELATED PARTIES, OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (VII) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ANY OF THE ANACOSTIA RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

All of the information on a particular Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and Anacostia does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer accurate or complete.

INDEMNIFICATION.

You understand and agree that you are personally responsible for your use or inability to use the Service or the Site, your reliance upon any information or recommendation provided by, through or on the Site, and your behavior on the Site. You agree to indemnify, defend and hold harmless the Anacostia Related Parties and Anacostia’s joint venturers, business partners, licensors, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, your reliance upon any information or recommendation provided on the Site, or any violation by you of this Agreement.

RULES FOR PROMOTIONS.

In the event any sweepstakes, contests, raffles, give-aways or other promotions (collectively, “Promotions”) are made available through the Site, such Promotions may be governed by rules that are separate from these Terms of Use.  If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy.  If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

USE OUTSIDE THE UNITED STATES.

This Site are controlled, operated, and administered by Anacostia from its offices within the State of Illinois, United States of America. Anacostia makes no representation that the content of the Site is appropriate or available for use at locations outside of the United States, or that access to the content from territories outside the United States is permitted. You may not use the Site or export the content of the Site (in whole or in part) in violation of United States export laws and regulations.

GENERAL PROVISIONS.

These Terms of Use, along with the Privacy Policy, constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and any of the Anacostia Related Parties with respect to the Site.

No waiver by Anacostia of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect.

Any and all disputes relating to the these Terms of Use or our Privacy Policy, or your use of the Site, the Service, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Delaware, without regard to any conflict of laws provisions.  Any Dispute will be venued in a state or federal court situated in Cook County, Illinois, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Anacostia.  The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.
A printed version of these Terms of Use and the Privacy Policy, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

ENFORCEMENT.

Anacostia reserves the right, in its sole discretion, to determine whether any action you take violates the terms of this Agreement.  Anacostia shall have the right, but not the obligation, to monitor your actions with respect to the Site, the Service, and the Content to determine compliance with this Agreement.  Without limiting any other rights or remedies of Anacostia hereunder, at law, or in equity, Anacostia may suspend or terminate your access to the Service if there is any violation or threatened violation of any of the terms of this Agreement by you.

CHANGES TO THE AGREEMENT; TERMINATION.

Anacostia may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all users of the Site.  Anacostia reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on the Site.  Each time you use the Site, you should review the current Terms of Use.  You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use.  Your continued use of the Site will indicate your acceptance of the current Terms of Use; however, any material change to these Terms of Use after your last usage of the Site will not be applied retroactively.  Except for such material changes, the Terms of Use that were in effect at the time any claim or dispute arose between you and us will be applied.

Anacostia reserves the right, without notice and in its sole discretion, to terminate your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms of Use; (ii) for any other reason, or (iii) for no reason.  Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site.  Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liabilities and all indemnities shall survive such termination.
QUESTIONS.

If you have any questions regarding these Terms of Use, please contact us by e-mail at techsupport@anacostia.com or by mail at:

Anacostia Rail Holdings Company
Attn: IT Department
224 South Michigan Ave., Suite 330
Chicago, IL 60604-2523
© 2014 Anacostia Rail Holdings Company. All Rights Reserved.