Effective Date: October 1, 2025
Welcome to FRED ("the Service"), a communication platform for US railroaders operated by FRED COMMS LLC ("FRED," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms of Use ("Terms"). If you do not agree, you may not use the Service.
By creating an account or using FRED, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and FRED COMMS LLC.
You must be at least 18 years old to use the Service.
As a condition of your use of the Service, you agree to abide by all applicable laws and regulations and to not engage in any of the following prohibited activities:
Proprietary Information (Carrier Content). You must not post, upload, or share any non-public information belonging to any railroad or carrier, including:
Operational Communications. Do not use FRED for real-time operational communications or for transmitting instructions that involve active on-duty operations.
Permitted Discussions. Discussing workplace experiences, safety concerns, wages, and union matters is allowed, provided no confidential or proprietary information is disclosed.
The Service allows you to post and share content, including messages, text, images, and other materials ("User Content"). You are solely responsible for your User Content.
By posting User Content on the Service, you grant FRED a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display your content solely for operating and providing the Service (including moderation, safety review, and technical operations). This license terminates when your content is deleted from our systems, subject to routine backups and legal holds.
24-Hour Moderation Commitment: We commit to reviewing and taking action on any complaint of objectionable content or abusive users within 24 hours of receiving a report through our in-app reporting system.
FRED reserves the right, but not the obligation, to review, monitor, and remove any User Content that, in our sole judgment, violates these Terms or is otherwise objectionable. We may preserve content for legal compliance or investigation purposes.
You represent and warrant that:
The Service and all of its original content, features, and functionality (including but not limited to all information, software, code, algorithms, databases, logos, and trademarks) are owned by Symvasi Holdings LLC and are protected by international copyright, trademark, and other intellectual property laws.
These Terms do not grant you any right to use FRED's intellectual property without our prior written consent.
FRED respects the intellectual property rights of others. If you believe content infringes your copyright, please submit a notice to our designated agent:
DMCA Agent
FRED COMMS LLC
522 W Riverside Ave Ste N
Spokane, WA 99201
Phone: +1 (219) 250-6302
Email: [email protected]
Your notice must include the information required by 17 U.S.C. §512(c)(3).
Upon receiving a compliant notice, we may remove or disable access to the content and, in our discretion, terminate users who are repeat infringers. We may notify the user and, where applicable, accept proper counter-notifications under §512(g).
The Service is provided on an "as is" and "as available" basis without any warranties of any kind. To the fullest extent permitted by law, FRED disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Operational Use. FRED is not an operational communications system and is not a substitute for carrier procedures or safety protocols. Do not rely on content on FRED for day-to-day operating or safety decisions.
FRED shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or inability to use the Service, including but not limited to:
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
We reserve the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms, including but not limited to:
You may delete your account at any time through the Service settings. Upon account termination, your right to use the Service immediately ceases.
ARBITRATION; CLASS WAIVER. You and FRED agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs this section.
The arbitrator may award individualized relief that a court could award. FRED will pay AAA administrative and arbitrator fees for claims totaling up to $75,000; you pay the first $200 of any filing fee (or the AAA consumer filing fee, if less). Hearings may be conducted by video, phone, or in the county of your residence.
NO CLASS ACTIONS. Disputes must be brought on an individual basis; the arbitrator may not consolidate claims or preside over any class or representative proceeding.
OPT-OUT. You may opt out of this Arbitration section by emailing [email protected] within 30 days of creating your account, stating you opt out of arbitration (include your name and the email tied to your account).
EXCEPTIONS. Either party may bring qualifying claims in small-claims court, or seek equitable relief in court to protect intellectual property or address unauthorized access/misuse of the Service.
SEVERABILITY. If the class-action waiver is found unenforceable, this Arbitration section is null and void. If a claim for public injunctive relief may not be arbitrated under applicable law, that claim (and only that claim) may proceed in court.
We reserve the right to modify these Terms at any time. When we do, we will update the "Effective Date" at the top of this page and notify you through the Service or by email. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
GOVERNING LAW; VENUE. These Terms and any dispute arising out of or related to them are governed by the laws of the State of Washington, U.S.A., without regard to its conflict-of-laws rules. Subject to the Arbitration section, the exclusive jurisdiction and venue for any action not subject to arbitration will be the state and federal courts located in Spokane County, Washington, and you consent to the jurisdiction of those courts. Nothing in these Terms limits any non-waivable consumer rights under the law of your state of residence.
FRED discloses user information only in response to valid legal process and in accordance with the Stored Communications Act (18 U.S.C. §§2701–2712) and applicable law. FRED does not disclose the contents of communications to private parties and requires a search warrant or court order for content requested by law enforcement. Unless legally prohibited, we will notify the affected user before producing their information so they may seek to quash or limit the request.
These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and FRED regarding the Service.
You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
If you have any questions about these Terms, please contact us:
FRED COMMS LLC
522 W Riverside Ave Ste N
Spokane, WA 99201
Phone: +1 (219) 250-6302
Email: [email protected]
Legal Inquiries: [email protected]