Terms & Conditions of Service
EFFECTIVE JUNE 1, 2015
Please read these Terms and Conditions (“Terms”) carefully, as they contain important information regarding your legal rights, remedies, and obligations when using the BikeBus Website. The Terms include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.
The BikeBus, LLC (“BikeBus”) Website allows users to receive information about BikeBus (including every communication – i.e. emails, newsletters, etc.), and also allows Visitors and Members (“Users”) to book, cancel, and pay for services offered by BikeBus. When you visit the Website or communicate with BikeBus via email, you are communicating electronically. You consent to receive communications from BikeBus electronically. BikeBus will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that BikeBus provides electronically satisfy any legal requirement that such communications be in writing. The services offered by BikeBus include but are not limited to the Website found at www.bikebus.com.
These Terms set forth the legally binding terms of your use of BikeBus services. By using BikeBus services, you agree to be bound by these Terms, whether you are simply browsing as a Visitor or you have registered with BikeBus and/or purchased one or more BikeBus services as a Member. You are only authorized to use the BikeBus services, regardless of whether you intended to or not, if you agree to abide by all applicable laws and to these Terms. If you wish to become a Member, you must read these Terms and indicate your acceptance during the registration process.
ACCEPTANCE OF TERMS
Periodically review these Terms, as major changes may be made. We may attempt to notify you when these changes are made. BikeBus, in its sole discretion, reserves the right to modify or revise these Terms and Policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
These Terms apply to all Users of the BikeBus Website. The BikeBus Website may contain links to third party websites that are not owned or controlled by BikeBus. BikeBus has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, BikeBus will not and cannot censor or edit the content of any third-party site. By using the BikeBus Website, you expressly relieve and release BikeBus from any and all liability arising from your use of any third party website.
In order to access the some of the features of the BikeBus Website, you will have to create a BikeBus account. You may not use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to notify BikeBus immediately if you suspect any breach of security or unauthorized use of your account. If there is an unauthorized use of your account, BikeBus will not be liable for your losses. You, however, may be liable for the losses of BikeBus or others due to such unauthorized use. You are solely responsible for any and all use of your account.
The BikeBus Website is intended for Users who are 13 years of age or older. Any registration by, use of, or access to the Website by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms. By using the BikeBus Website and BikeBus Services, you represent and warrant that you are 13 or older and that you agree to abide by all of the Terms. Minors between the ages of 13 and 18 may register on the BikeBus Website only with the involvement of a parent or guardian.
These Terms shall remain in full force and effect while you are a User of BikeBus services. Every User who purchases a BikeBus Service will automatically become a Member. You may terminate your Membership at any time, for any reason. BikeBus reserves the right to terminate your Membership at any time, without warning, if you breach these Terms. Even after Membership is terminated, these Terms will remain in effect.
FEES FOR SERVICE
You acknowledge that BikeBus charges fees for its services, and BikeBus reserves the right to change its fees from time to time in its discretion. If BikeBus terminates your Membership due to your breach of these Terms, you may not be entitled to a refund of any unused portion of the fees charged to your account.
GENERAL USE OF WEBSITE – PERMISSIONS AND RESTRICTIONS
You agree not to distribute, alter, and modify – in any medium – any part of the Website or its related technologies, without the prior written authorization of BikeBus. You will comply with these Terms and all applicable local, national, and international laws and regulations. BikeBus reserves the right to discontinue any aspect of the BikeBus Website at any time.
USE OF CONTENT ON WEBSITE
The BikeBus Website content, including and without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”), as well as the trademarks, service marks, and logos (“Marks”), are owned by or licensed to BikeBus, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only, and it may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of BikeBus. BikeBus reserves all rights not expressly granted in and to the Website and the Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the BikeBus Website or the BikeBus Services, provided by you or your company, are non-confidential and shall become the sole property of BikeBus.
You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
You agree not to circumvent, disable, or otherwise interfere with security-related features of the BikeBus Website, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BikeBus Website or the Content therein.
The BikeBus Services may include certain services that may be available via your mobile phone, including but not limited to: (1) the ability to book BikeBus services; (2) the ability to receive and reply to BikeBus messages; (3) the ability to browse the BikeBus Website; and (4) the ability to access certain BikeBus features through a mobile application you have downloaded and installed (“Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data, and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services will work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that BikeBus may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
ACCOUNT TERMINATION POLICY
YOU AGREE THAT YOUR USE OF THE BIKEBUS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIKEBUS, ITS OFFICERS, PRINCIPALS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BIKEBUS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT, OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(2) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE BIKEBUS SERVICES, WHETHER ONLINE OR OFFLINE;
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR;
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BIKEBUS WEBSITE.
BIKEBUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BIKEBUS WEBSITE OR ANY LINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIKEBUS WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE, FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE BIKEBUS SERVICES ARE PROVIDED “AS IS”, AND AS AVAILABLE, AND BIKEBUS EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. BIKEBUS CANNOT GUARANTEE, AND DOES NOT PROMISE, ANY SPECIFIC RESULTS FROM USE OF THE BIKEBUS SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BIKEBUS, AND ITS OFFICERS, PRINCIPALS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE;
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION, AND/OR FINANCIAL INFORMATION STORED THEREIN;
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR;
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BIKEBUS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIKEBUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BIKEBUS SHALL NOT BE LIABLE FOR USER SUBMISSIONS, OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by BikeBus, located in West Newton, Massachusetts. BikeBus makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless BikeBus, and its officers, principals, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the BikeBus Website or your violation of any of these Terms. This defense and indemnification obligation will survive these Terms and your use of the BikeBus Website.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the BikeBus website is not intended for children under 13. If you are under 13 years of age, then please do not use the BikeBus Website.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BikeBus without restriction.
GOVERNING LAW: VENUE AND JURISDICTION
You agree that:
(1) The BikeBus Website shall be deemed solely based in Massachusetts; and
(2) The BikeBus Website shall be deemed a passive website that does not give rise to personal jurisdiction over BikeBus, either specific or general, in jurisdictions other than Massachusetts.
These Terms shall be governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and BikeBus that arises in whole or in part from the BikeBus Website shall be decided exclusively by a court of competent jurisdiction located in West Newton, Middlesex County, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Massachusetts.
Either BikeBus or you may demand that any dispute between BikeBus and you about or involving BikeBus services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Boston, Massachusetts, USA, provided that the foregoing shall not prevent BikeBus from seeking injunctive relief in a court of competent jurisdiction.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the BikeBus Website or BikeBus services, provided by you, to BikeBus, are non-confidential, and shall become the sole property of BikeBus. BikeBus shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to help us monitor how individuals use the Website, which allows BikeBus to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
BikeBus reserves the right to use submitted information to contact you with important information, required notices, and marketing promotions.
Please contact us at email@example.com with any questions regarding these Terms of Service.
EFFECTIVE APRIL 1, 2015
COLLECTION OF INFORMATION
We collect information from visitors to our Website by permitting you to communicate directly with us via e-mail. Some of the information that you submit will be associated with you, such as your name, postal address, email address, domain name, credit card information, phone number, etc.
When you visit our Website, your internet service provider’s address, the web page from which you came, your web browser software, your computer type and operating system, and your activity while visiting our website may be recorded. This information can be collected using various technologies and means, such as navigational data collection.
We collect information to to fulfill your specific requests, to improve the experience on the BikeBus Website, to ensure a successful experience on the BikeBus, and to adhere to the Terms and Conditions you agree to when you make a purchase on our Website. We also collect information to understand what parts of our Website are most popular and what technologies are being used by our visitors. This information helps us to update and improve our Website. We also use this information for security purposes to detect and block security breaches and to provide you with a safe online environment.
This Website is not intended for children under the age of 13. We will not knowingly collect information from website visitors in this age group. If we learn that a child under the age of 13 has submitted personally identifiable information online, we will take all reasonable measures to delete that information from our databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others or as required by law).
If you are between the ages of 13 and 18, you may register on our website only with the involvement of a parent or guardian.
Contact information received from forms is used to send information and promotional material about BikeBus to you, but only if you have requested us to do so. We know that your Inbox is cluttered, so our assumption is that you have “opted-in” only to the extent needed to complete a reservation, or in the event that a reservation must be changed. Otherwise, in order to receive marketing emails (including promotions), you must “opt-in” and give us permission to include you on our mailing list. If you have “opted-in,” we may notify you about updates to our website, and about new programs or services that we think you might like. If you no longer wish to receive emails from us, please contact us at any time to “opt-out” and be removed from our mailing list.
WHAT WE DO WITH INFORMATION COLLECTED
We may use your personal information to enhance the operation of our website and allow you to use its features, including purchasing or making a reservation. The information we collect is used to improve the content and layout of our Website.
We may provide aggregate statistics about users of our website, online traffic patterns and related information, but these statistics will not include any personally identifying information. We also will disclose any information that we are legally obligated to disclose, including in response to a duly authorized request from an appropriate government authority. In the event that BikeBus is bought or sold, customer information will likely be included among the transferred business assets.
Other than as stated above, BikeBus does not and will not rent, sell, or otherwise share your information with third parties. Period.
The information contained in this Website is general in nature and is not a substitute for professional health care. It is not meant to replace the advice of health care professionals. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider.
COOKIE AND TRACKING TECHNOLOGY
Our Website collects and stores cookies while you are logged in to facilitate your transactions on our website. When your transactions are complete or if your transaction is timed out, cookies are discarded.
We recognize and respect your desire for privacy when it comes to your personal information. We use reasonable industry standard procedures and processes to safeguard the confidentiality of your identifiable personal information and, from time to time, we evaluate new technologies for safeguarding information. However, when you submit information over the Internet, the information may travel over systems not under our control. Others may intercept the information you are sending.
This Website may contain links to other websites that you might like. However, these other Websites are owned and maintained by third parties, who may collect personal information from you. When you follow a link and leave our Website, you do so at your own risk.
P.O. Box 650012
West Newton, MA 02465