Terms & Conditions
Copyright © 2013 BusRates.com. All rights reserved. Reproduction of any material contained in BusRates.com is prohibited. Permission to use all documents and related graphics and any other material from this website is subject to the following Terms and Conditions.
1. Certain Definitions. The following definitions apply to these Terms and Conditions:
"BusRates.com Web Site" or the "Site" includes www.busrates.com in its entirety and its related sites owned or operated by BusRates.com, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Site.
"Document" refers to any posting to the Site.
"Services" means any services provided on the Site by BusRates.com or its agents.
"User" refers to any individual or entity who uses any aspect of the Site.
"Consumer" means a User who is accessing the Site to search for a bus company, Tour or in any other capacity except as a bus company.
"Advertiser" means a person or entity that is accessing the Site to post their company specs, amenities, rates, or for any reason related to the purpose of seeking customers.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by BusRates.com) form a binding agreement between you and BusRates.com. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Disclaimers and Limitations on BusRates.com's Liability.
(a) Allocation of Responsibility. BusRates.com assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users.
(b) No endorsements by BusRates.com. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Web site, products, services, booking, experience, bus charter or tour practices, or otherwise. The Trademarks and Service Marks of third parties are posted by third parties and are the property of such third parties.
(c) No warranties. BusRates makes no representations or warranties, express or implied, as to this Site or the information or documents provided, including the availability of the Site or that the content on the information on the Site is complete and accurate. Nothing on the Site is meant to provide legal or any other kind of advice.
(d) No Guaranty of Results. BusRates.com is not a bus company or a bus broker, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the bus chartering or touring objectives of Users. BusRates.com does not guarantee that Documents posted by Users will result in buses being chartered or tours being booked, and is not responsible for any advertising decisions, for whatever reason made, made by any User.
(d) WARRANTY DISCLAIMERS
(i) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BUSRATES.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. BUSRATES.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(ii) Without limitation on the foregoing:
(iii) BUSRATES.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BUSRATES.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
(iv) BusRates.com makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(v) BusRates.com makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
(e) DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(i) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(ii) IN NO EVENT SHALL BUSRATES.COM (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST BUS CHARTER OR TOUR OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUSRATES.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(iii) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN BUSRATES.COM'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(iv) IN NO EVENT SHALL BUSRATES.COM (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN ADVERTISER WITH A SERVICES AGREEMENT WITH BUSRATES.COM, THE AMOUNTS ACTUALLY PAID BY YOU TO BUSRATES.COM UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(v) Due to the nature of these Terms and Conditions, in addition to money damages, BusRates.com will be entitled to equitable relief upon a breach of these Terms and Conditions by you.
4. Acceptable Use of the Site.
(a) General Use Rules. The Site is intended for consumers seeking bus companies and for bus companies or tour operators seeking customers to purchase their service. You may use this Site only for lawful purposes within the stated context of Busrates.com's intended and acceptable use of the Site. BusRates.com is the sole interpreter of the Site's intended and acceptable use.
(b) License to Use by Users who are Consumers. BusRates.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking bus charter and tour companies for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. Your use of the Site is a privilege. BusRates.com reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
(c) License to Use by Users who are Advertisers. BusRates.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking customers to purchase your service. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of advertising. BusRates.com reserves the right to suspend or terminate your access and use at any time if BusRates.com determines that you are in breach of any of these Terms and Conditions.
(d) Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.
(e) House Rules for Posting, Conduct and Security. You agree to comply with the "House Rules" for posting, conduct and security on the Site, which are attached hereto as Exhibit A.
5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of BusRates.com or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, BusRates.com reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "BusRates.com," the BusRates.com design logo and certain other names or logos are service marks or trademarks of BusRates.com, and all related product and service names, design marks and slogans are the service marks or trademarks of BusRates.com. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by BusRates.com trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
6. Payment of Services upon Termination. If at any time during the course of this agreement you should terminate this Agreement, not to include your termination in the case of breach of this agreement by BusRates.com, BusRates.com shall reserve the right to receive all payments from you of the services used by you up to termination and for fifty percent (50%) of the remaining unused portion of this Agreement.
7. Links to Other Sites. BusRates.com contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by BusRates.com of the contents on such third-party Web sites. BusRates.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
8. Amendments to this Agreement and Changes to Site. BusRates.com may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by BusRates.com unless BusRates.com agrees to them in a signed writing specifically including those new or different terms. BusRates.com may change the Site at any time.
9. Indemnity. You agree to defend, indemnify, and hold harmless BusRates.com (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of these Terms and Conditions. BusRates.com shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11. Questions and Notices. Questions concerning the use of the Site should be directed to Feedback. Notices shall be sent, for BusRates.com, to the address listed on the Site, and, for you, to the address submitted by you or such other address as BusRates.com reasonably determines is an appropriate address for you.
12. General. BusRates.com contact information is listed on the Site. BusRates.com makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access BusRates.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts in the State of Illinois. You and BusRates.com sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by BusRates.com in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and BusRates.com. Exhibit A House Rules regarding Posting, Conduct and Security BusRates.com is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Site suspended or terminated, at BusRates.com's discretion. BusRates.com reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit A is attached.
1. Joining BusRates.com
To Join BusRates.com, you must complete the join form found at www.busrates.com/join. Once registration form is completed, BusRates.com staff will verify Operator Authority utilizing the Safer Database (http://www.safer.fmcsa.dot.gov/CompanySnapshot.aspx), powered by the United States Department of Transportation.
Acceptable Operating Authority Types include:
(a) Interstate Operating Authority – If this option is selected, a company listing will include a direct link to their MC Number/Insurance information found on the Safer Database.
1. Insurance Required – BusRates.com requires a minimum insurance of $5 Million for all motorcoach companies operating in the United States with Interstate Authority.
(b) Intrastate Operating Authority - For companies who only operate in-state, BusRates.com will complete this set-up, but only post Intrastate Only on the company listing(s).
(c) BusRates.com has the right to approve additional set-ups based on company specific operating information.
2. Account Management and Posting Rules:
Account Management is accessible from every page of the website or by going to www.busrates.com/login. Companies are encouraged to update their postings on a monthly basis, to ensure they are providing prospective customers with the most current company contact, fleet, and marketing information.
(a) Bus Companies can only post their actual fleet owned by the company.
(b) Fleet must include bus model years and amenities of each bus type
(c) On each posting, the main photo found at the top right of the posting, must be of one of the fleet types listed below. No company logos or non-bus pictures are allowed in this zone. These images may be added to the additional image area located in the “expandable” listing area below.
(d) Bus Companies may utilize contracted sales representatives for managing their online sales from BusRates.com. If this set-up is utilized, BusRates.com must receive the following to verify set-up:
1. Letter from the Owner/CEO of Bus Company stating this relationship. This letter must be on the bus owning company letterhead.
2. Contract documentation showing how the relationship will work between the bus owning company and contract sales representative.
3. Statement from both parties that ALL leads (Request for Quotes, Direct Email, Direct Phone Call, Social Media options, and Website leads derived from BusRates.com) will be completed by the Bus Owning company, with no more than 10 percent being referred to other companies because of overbooking or additional assistance needed (i.e. additional fleet needs) to satisfy a booking request.
4. If Brokering (defined by (i)selling of leads from BusRates.com to other bus companies, (ii) selling of booked charters closed from a BusRates.com lead to another company, with no intention or equipment to complete booked itinerary, and (iii) garnishing leads from BusRates.com with no intention or equipment to complete booked itinerary and reselling leads or booked charters for profit by misstating or misidentifying any or all equipment listed on BusRates.com) is discovered, both companies will be permanently removed from BusRates.com.
(e) Your Posting may not contain: (i) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (ii) anything that is embarrassing or offensive to another person or entity.
(f) You may not use your Posting(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post opinions or notices, commercial or otherwise.
(g) BusRates.com is under no obligation to monitor the Postings on the Site, but it may monitor Postings at random. Postings found to violate the above Posting Rules may be removed at BusRates.com's discretion.
(h) You may not delete or revise any material posted by any other person or entity.
2. Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability. BusRates.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Brokering is not allowed on BusRates.com. As mentioned above, brokering will result in permanent removal of company from BusRates.com.
4. Cancellation Policy
Bus Companies are able to cancel BusRates.com at any time. BusRates.com automatically bills each customer at the end of their current billing cycle and it is the bus companies responsibility to inform BusRates.com that they will not be continuing their listing on BusRates.com before invoice due date. Once the invoice due date is past, the company will be responsible for a prorated balance owed prior to posting removal. Unpaid balance will be sent over to BusRates.com’s Collection Agency. Please contact Eric Elliott at firstname.lastname@example.org or 703.838.2955 for more information or questions.
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Listings are not sold or distributed
What Information does BusRates.com gather?
What about personal information knowingly provided to BusRates.com?
Personal information you provide us regarding our bus charter-related services is not provided to third parties.
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