Effective Date: April 16th, 2018
BY AGREEING TO THESE TERMS OF SERVICE, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AS FURTHER DETAILED IN SECTION 17 BELOW.
- Changes to Terms of Service. We may change these Terms of Service from time to time. Any such changes will be posted on the Service. If we make material changes to these Terms of Service, we will notify you by posting or displaying notice on the Service and/or via other electronic means (e.g., e-mail). By accessing the Service after we make any such changes, you are deemed to have accepted such changes. We recommend that you check back frequently and review these Terms of Service regularly so you are aware of the most current rights and obligations that apply to you.
- Registration. In order to access and use certain content, features and functionality of the Service, we may require that you register for the Service by creating a username and password combination (“User ID”). Your personal account with the Service, which is created when you register for the Service, shall be referred to herein as your “User Account”. If you elect to become a registered user of the Service, you are responsible for maintaining the strict confidentiality of your User ID, and you shall be responsible for any access to or use of the Service by you or any person or entity using your User ID, whether or not such access or use has been authorized by you. You agree to notify Boxcar immediately of any unauthorized use of your User ID or User Account or any other breach of security. We reserve the right to deny access, use and registration privileges to any user of the Service if we believe there is a question about the identity of the person trying to access any account or element of the Service. Boxcar shall not be responsible or liable for any loss or damage arising from your failure to comply with the terms of this section.
- Right to Use the Service. Boxcar grants you a limited, revocable, nonexclusive license to use the Service solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Service, reverse engineer or break into the Service, or use materials, products or services in violation of any law. The use of the Service is at the discretion of Boxcar and Boxcar may terminate your use of the Service at any time.
- Bus Terms and Conditions. By purchasing a bus ticket via the Service, you are agreeing to the following terms and
- Tickets must be purchased on the App in advance, prior to boarding. Upon completion of purchase, your bus ticket will appear under the “Reservations” tab in the App. All reservations are honored only for the specific date and time selected. If you cancel your reservation more than 30 minutes before the scheduled departure time, we will issue you a credit equal to the amount paid for such ticket towards future purchases on the Service; you may also request a refund of such amount by emailing email@example.com within 30 days of the date of such cancellation. Reservations cancelled less than 30 minutes prior to the scheduled departure time are non-creditable and non-refundable.
- Boxcar reserves the right to change its bus fares at any time. The fare for a particular bus is locked only once the reservation has been paid for, and will not be adjusted to reflect any subsequent price changes, including discounts or specials.
- In order to board the bus, you must display your ticket on the App.
- Boxcar is not liable for delays caused by accidents, weather, road conditions, vehicle malfunctions and other conditions beyond its control. Any arrival times stated are approximate and will depend on traffic conditions.
- Unaccompanied minor passengers must be 16 years of age or older.
- Animals are not allowed on board, except for trained service animals accompanying special needs travelers. Documentation of the animal’s status as a service animal must be immediately available.
- Smoking is not permitted on any of our buses.
- Boxcar reserves the right to refuse to provide transportation to anyone under the influence of liquor or drugs, or who is otherwise deemed by the dispatcher or driver to present a risk to the security or health of the driver or other passengers.
- Boxcar may cancel any scheduled bus departures in its sole discretion, and in the event of any such cancellation, Boxcar’s sole liability to you will be to refund the applicable fare price paid.
- Parking Space Terms and Conditions. By offering or reserving a parking space via the Service, you are agreeing to the Parking Space License Terms and Conditions.
- User Conduct. You are solely responsible for your conduct in connection with the Service. You represent, warrant and agree that, while using the Service, you will not:
- engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, privacy, or other rights of ours or of any other person or entity;
- submit, post, email, display, transmit or otherwise make available through or in connection with the Service any material or take any action that is or may be, unlawful, harmful, threatening, abusive, defamatory, libelous, deceptive, fraudulent, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery or content, contains a link to an adult website, or promotes bigotry, hatred or violence of any kind against any group or individual;
- submit, post, email, display, transmit or otherwise make available on, through or in connection with the Service any material that you do not have a right to make available;
- submit, post, email, display, transmit or otherwise make available on, through or in connection with the Service any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use the Service for commercial or business purposes (other than the offering and sale of parking spaces in accordance with the Parking Space License Terms and Conditions), including, without limitation, attempting to resell or transfer any of the products or services purchased via the Service, or exploiting information or material obtained on, through or in connection with the Service, whether or not for financial or any other form of compensation or through linking with another website or web page;
- modify, disrupt, impair, alter or interfere with the Service or the use of the Service by any other user;
- falsely state or otherwise represent your identity or your affiliation with any person or entity or transmit or otherwise make available on, through, or in connection with the Service any false or misleading information;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users, or otherwise create a security or privacy risk for any other person or entity; solicit users for commercial or unlawful purposes, or engage in spamming, flooding, harvesting of email addresses or other personal information, “screen scraping,”, “phishing”, “database scraping,” or use or launch any automated systems that access the Service.
The Service may provide you and other users with an opportunity to upload content to the Service or message, comment or otherwise communicate with other users (collectively, “User Content”). User Content does not reflect the views of Boxcar and Boxcar does not guarantee the accuracy, integrity, quality or content of any User Content. Under no circumstances shall Boxcar be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
- Eligibility. The Service is offered only within the United States to legal residents of the United States who are over the age of 18. The Service are not intended for or directed at individuals under 18 years of age or who are not legal residents of the United States. By using the Service, you represent, warrant and covenant that you are 18 years of age or older and reside in the United States.
- Ownership. As between you and Boxcar, Boxcar owns, solely and exclusively, all right, title and interest in and to the Service and all content contained on and/or made available through the Service), including all illustrations, graphics, logos, copy, text, computer code, data, user interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Service, including the design, selection, sequence, look and feel, and arrangement of the Service, as well as any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein. The Service is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, distribution, use, modification or publication by you of the Service or any such content, other than as expressly permitted in these Terms of Service, is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Service.
- Promotions. From time to time, Boxcar or the Service’s operational service providers, suppliers, and Advertisers may conduct promotions on, through or in connection with the Service, including, without limitation, contests and sweepstakes. Each such promotion may have additional terms and conditions which shall be posted or otherwise made available to you and, for purposes of each such promotion, shall be deemed incorporated into and form a part of these Terms of Service.
- Data and Wireless Access Charges. Certain aspects of the Service may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your device may charge you data access fees in connection with your use of the Service, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will Boxcar be responsible for any such data access fees and charges in connection with your use of the Service.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Service. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
- Indemnification. You agree to indemnify, defend and hold Boxcar and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms of Service or use of the Service.
- Disclaimer. THE SERVICE, AND ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THEREON, ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. BOXCAR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICE SHALL BE TO DISCONTINUE USING THE SERVICE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL BOXCAR OR ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICE, YOUR USE THEREOF, OR THE CONTENT THEREON, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Service that directly conflict with such laws may not apply to you.
- Applicable Law. These Terms of Service are governed by the laws of the State of New Jersey, without regard to its conflicts of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Service and/or the Service brought by, against or including Boxcar, shall be brought in any state court in Union County, New Jersey, or in the United States District Court for the District of New Jersey in the Newark vicinage, and you hereby waive any objection to the exclusive jurisdiction of such courts for claims brought by, against or including Boxcar. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER HAVE TO A TRIAL BY JURY. YOU AND BOXCAR AGREE THAT THE RESOLUTION OF ANY DISPUTES, CLAIMS OR ACTIONS ARISING HEREUNDER, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY USE OF THE SERVICE, SHALL BE CONDUCTED IN EACH OF YOUR AND BOXCAR’S INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU AND BOXCAR EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
- Severability; Waiver. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect. The failure of Boxcar to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. Any waiver of these Terms of Service by Boxcar must be in writing and signed by an authorized representative of Boxcar.
- Termination. Boxcar may terminate these Terms of Service at any time, with or without notice, for any reason. These Terms of Service shall remain in full force and effect while you use or are registered for the Service. You may terminate your use of or registration to the Service at any time, for any reason, and Boxcar may terminate your use of or registration to the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. Even after your registration is terminated, your obligations under these Terms of Service, including, without limitation, any indemnifications, warranties and limitations of liability contained herein, shall remain in effect.
- Customer Support. For assistance with technical issues or customer support inquiries, please email us at firstname.lastname@example.org.
- Contact Information.
347 Lincoln Ave E, Cranford, NJ 07016
These Terms of Service were last modified on the date indicated above and are effective as of such date.
Copyright © 2018 Boxcar, Inc.