Terms and Conditions

Mount Washington Railway Company “On Track” Mobile App

Please read these terms and conditions ("terms and conditions", "terms") carefully before using “On Track” mobile application (“app”, "service") operated by the Mount Washington Railway Company ("us", 'we", "our").

Conditions of use

By using this app, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the app accordingly. The Mount Washington Railway Company only grants use and access of this app, its products, and its services to those who have accepted its terms.

Privacy policy

Before you continue using our app, we advise you to read our privacy policy [https://www.thecog.com/ontrack-privacy] regarding our user data collection. It will help you better understand our practices.

Age restriction

You must be at least 18 (eighteen) years of age before you can use this app. By using this app, you warrant that you are at least 18 years of age, and you may legally adhere to this Agreement. The Mount Washington Railway Company assumes no responsibility for liabilities related to age misrepresentation.

Intellectual property

You agree that all materials, products, and services provided on this app are the property of the Mount Washington Railway Company, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Mount Washington Railway Company’s intellectual property in any way, including electronic, digital, or new trademark registrations. You grant the Mount Washington Railway Company a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.

User accounts

As a user of this app, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the app, inform us immediately so we may address them accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

Links to Other Websites

Our app contains links to third-party websites and services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.  You further acknowledge and agree that the Mount Washington Railway Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the sue of or reliance on any such content, goods or services available or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback you provide to us.  If for any reason such assignment is ineffective, you agree to grant us a non-exclusive, perpetual, irrevocably, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Indemnification

You agree to indemnify the Mount Washington Railway Company and its affiliates and hold the Mount Washington Railway Company harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.

Limitation on liability

 The Mount Washington Railway Company is not liable for any damage that may occur to you as a result of your misuse of our app. In no even shall the Mount Washington Railway company be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

“AS IS” and “AS AVAILABLE” Disclaimer

The service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law the Mount Washington Railway Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.  Without limitation to the foregoing, the Mount Washington Railway Company provides no warranty or undertaking and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Mount Washington Railway Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, the information, content, materials or products included thereon; (ii) that the service will be uninterrupted or error free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or emails sent from or on behalf of the Mount Washington Railway Company are free of viruses, scripts, trojan horses, works, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.  But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Applicable law

By using this app, you agree that the laws of the State of New Hampshire, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between the Mount Washington Railway Company and you, or its business partners and associates.

Disputes Resolution

If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting us.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue to full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require the performance of any obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Change of Terms

The Mount Washington Railway Company reserves the right to edit, modify, and change this Agreement at any time. Your continued us of the app after changes are made constitutes acceptance of those changes.

Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at Info@thecog.com.