The Services may display, include or make available content, data, information, applications or materials from Third Party Services (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that TailBus is not responsible for examining or evaluating the content, accuracy, availability, reliability, completeness, timeliness, validity, copyright compliance, legality, decency, quality, data, opinions or any other aspect of such Third Party Materials or websites. TailBus does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Neither TailBus, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by, or made available through, the Services.
Third Party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Website are not available in all languages or in all countries. TailBus makes no representation that Third Party Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access Third Party Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. TailBus, and its affiliates and licensors, reserve the right to change, suspend, remove, or disable access to Third Party Services or Third Party Materials at any time without notice. In no event will TailBus be liable for the removal of or disabling of access to any Third Party Services or Third Party Materials. TailBus may also impose limits on the use of or access to Third Party Services or Third Party Materials, in any case and without notice or liability.
The Ticket Price may include separate charges for fees and taxes, which can vary by location. TailBus currently does not offer trip cancellation insurance. You agree that on Trips between the United States and Canada, you will be solely responsible for the payment of any customs duties and fees that may accrue in connection with goods that you transport across an international border.
It is your responsibility to arrive at the Pick-up Location at the Departure Time with your confirmation email and identification. If you fail to do so, the Charter Operator may deny you access to travel services. If you violate the Charter Operator Terms, the Charter Operator may cancel your ticket on a Trip and deny you access to travel services. As a result, you may forfeit any amount paid for Trip tickets. For Trips between the United States and Canada, it is your sole responsibility to ensure that you have appropriate international travel documentation (passport, visa, etc.) to permit your entry into Canada and your return to the United States.
In addition to the Charter Operator Terms, during the Trip, you agree to abide by a reasonable standard of appropriate conduct. You agree to obey all applicable laws, keep the vehicle clean and safe and to behave in a manner respectful to the other passengers. While aboard the vehicle, you agree that you shall not smoke, disturb the driver, or transport any prohibited items (including, but not limited to, drugs, flammable or combustible materials, guns, knives or other weapons, and animals).
The Charter Operator may refuse to transport or remove you from the Charter Operator’s vehicle at any time: if your conduct is disorderly, abusive or violent; if you attempt to interfere with the driver or the operation of the vehicle; if you refuse to follow the instructions of the driver of the vehicle; or if you engage in any action that might jeopardize the vehicle or any of its occupants.
For Trips between the United States and Canada, you agree that you will be solely responsible for completing any required customs and immigration documentation on your own behalf, and that you will comply with all U.S. and Canadian customs laws and with any instructions issued by customs authorities in either country. You acknowledge that you, your luggage, and any items you carry with you are subject to examination and detention by U.S. and Canadian customs authorities. Neither TailBus nor the Charter Operator will have any liability to you with respect to such examination or detention, nor will they be required to delay the Trip to accommodate such proceedings. If you and/or your luggage or other personal items are prevented from crossing an international border by the customs authorities of the United States or Canada, you agree: (1) that you will accept sole responsibility for arranging separate transportation for yourself and/or your luggage or other personal items to your intended destination; (2) that neither TailBus nor the Charter Operator will have any obligation or liability with respect to such transportation, or with respect to any other costs that you may incur in connection with such circumstances; and (3) that you will not be entitled to a refund of any portion of the Trip Fee as a result of your inability to remain (or to have your luggage or other personal items remain) with the Trip. You also acknowledge that Trips between the United States and Canada may in some cases involve delays in crossing the international border that are beyond the control of TailBus or the Charter Operator. You agree that in the event of such delays TailBus will have no obligation to adjust the Trip Fee and will have no liability for any expenses you may incur as a result of such delays.
The amount, weight and size of the luggage that you may bring on a Trip may vary by Trip and Charter Operator. Unless stated otherwise, the standard baggage allowance is one carry-on item that fits within an overhead bin or under seat, plus one piece of luggage not to exceed 50 pounds. Charter Operators determine in their sole discretion which luggage can be stowed onboard or inside the vehicle. If a Charter Operator determines that your luggage cannot be transported, you shall not be entitled to a refund. It is your responsibility to check with the Charter Operator before your trip commences whether your luggage will be permitted; to ask for express written permission for your luggage if it is an exception to the Charter Operator’s luggage policy; and to provide the written permission to the Charter Operator employees when requested. For an additional fee, TailBus may offer you a supplementary baggage allowance. If the Charter Operator determines that the item(s) for which you paid the supplementary baggage allowance fee cannot be transported, you shall be entitled to a refund of the supplementary baggage allowance fee but shall not be entitled to a refund of your ticket.
TailBus shall not be held liable for lost, damaged, or stolen luggage. You are solely responsible for maintaining your property and personal effects brought on board the vehicle. The Charter Operator may permit you to leave your luggage on a vehicle during periods of time when you are not occupying the vehicle; provided, however, that the terms of such permission shall be solely between you and the Charter Operator and TailBus assumes no liability for lost, damaged, or stolen luggage under any circumstances.
You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by TailBus. Except as specifically permitted herein or expressly authorized in writing by TailBus, you agree that you will not directly or indirectly: (a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Services in any unauthorized manner; or (b) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means. You understand and agree that you are not permitted to: (x) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (y) use any means to discover the trade secrets in the Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of TailBus and its affiliates and licensors. If you breach these restrictions, you may be subject to prosecution and damages.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that you see or read through the Services is owned by TailBus or its affiliates or licensors, excluding user generated content and Your Content (as defined herein) that TailBus has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. TailBus owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without TailBus’s express prior written consent and, if applicable, the holder of the rights to the user generated content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of TailBus and, if applicable, the holder of the rights to the user generated content. The service marks and trademarks of TailBus are service marks owned by TailBus. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
You hereby acknowledge that any and all (i) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to TailBus by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by TailBus or otherwise relating to Services (collectively, “Revisions”), are and will remain the property of TailBus. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of TailBus and TailBus may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to TailBus any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At TailBus’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
You are solely responsible for your use of and activity in relation to the Website, Services and Forums. Your permission to use the Website, Services and Forums is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances: (a) post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; (b) create a false identity or impersonate any person; (c) use the Website, Services or Forums for any unlawful purpose or for the promotion of illegal activities; (d) distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (e) attempt to, or harass, abuse or harm another person or user; (f) provide false or inaccurate information to TailBus; or (g) publish, submit or link to malicious content intended to damage or disrupt the browser, computer or systems of TailBus or of any other person or entity.
ALL USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND INFORMATION PRESENTED ON THE WEBSITE OR VIA THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. TailBus MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. TAILBUS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND TAILBUS 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, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.
TailBus ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE OPERATION OF THE CHARTERED VEHICLES OR THE TRAVEL SERVICES PROVIDED BY CHARTER OPERATORS.
WITHOUT LIMITING THE FOREGOING, NEITHER TailBus NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. NEITHER TailBus NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NEITHER TailBus NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You hereby agree to indemnify, defend, and hold harmless TailBus, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates, including Charter Operators, from and against any and all claims, actions, suits, demands, losses, damages, liabilities, costs and expenses, including reasonable attorneys' fees and costs arising out of your negligence or willful misconduct, your failure to comply with any Charter Operator Terms, or otherwise in connection with your use of the Services. TailBus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of TailBus.
IN NO EVENT SHALL TailBus’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If you intend to seek arbitration you must first send written notice to TailBus’s Customer Service Center of your intent to arbitrate ("Notice"). The Notice to TailBus should be sent by any of the following means: (i) electronic mail to email@example.com; or (ii) sending the Notice by U.S. Postal Service certified mail to TailBus, 40 West 25th Street, 12th Floor, New York, NY 10010. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
Except as otherwise provided for herein, TailBus will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse TailBus for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, TailBus shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.
Termination of Repeat Infringer Accounts. TailBus respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, TailBus has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service or the Website who are repeat infringers. TailBus may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to TailBus’s designated copyright agent at TailBus, Inc., 40 W 25th St #12, New York, NY 10010
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notices. If you believe that Your Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the TailBus copyright agent, TailBus may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in TailBus’s discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.
Notices. Any notices or communication required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to TailBus in your completed registration or as updated by you and on file with TailBus. Any notices or communication required or permitted to be given to TailBus shall be in writing and shall be sufficiently given if delivered via email or mailed as follows:
40 West 25th Street, 12th Floor
New York, NY 10010
Email Address: info@TailBus.com
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.