AGREEMENT BETWEEN USER AND NATIONAL EXPRESS LLC (“AGREEMENT”)
[For PROVIDER site (or any other site that has a login)] Access to part of the Website may be restricted to certain users having a login ID and password (“Restricted Content”). If you have been issued a login ID and password in order to access Restricted Content, you may not share your login ID and password with others. When you use your login ID and password to access Restricted Content, you warrant that you are the authorized user.
National Express LLC reserves the right to change the terms, conditions, and notices under which the Site is offered at any time. When the terms are changed, Durham will notify you by posting a notice on the Site, and the changes will appear in this document. By using the Site after any change in the Agreement is posted, you agree to be bound by all of the changes as well.
THIRD PARTY CONTENT
The Site may contain links to other websites or resources (“Linked Sites”), possibly including hyperlinks provided by third-party advertisers and sponsors to the Site, or other third-party content. The Linked Sites are not under the control of National Express LLC and National Express LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. National Express LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. National Express is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by National Express LLC of the site or any association with its operators. You agree that National Express LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods, or services, available on or through any such site or resource.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to National Express LLC that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
If you transmit, submit or post information or materials to the Site (a “Submission”), you represent and warrant that you will not submit content:
- that defames, abuses, harasses, threatens or otherwise violates the legal rights of others;
- that infringes any third party’s intellectual property rights or other proprietary rights (including copyright, trademark, trade secret or rights of publicity or privacy);
- that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- that you know to be false or misleading or inaccurate;
- that is intended as a solicitation or commercial advertising without written permission from National Express LLC;
- that contains surveys, contests, pyramid schemes or chain letters;.
- posted by another user of the Site that you know, or reasonably should know, cannot be legally distributed in such manner.
- that restricts or inhibits any other user from using and enjoying the Site.
- that harvests or otherwise collects information about others, including e-mail addresses, without their consent.
- that violates any applicable laws or regulations.
National Express LLC does not claim ownership of the Submissions you provide to National Express LLC. However, by posting, uploading, inputting, providing or submitting your Submission you are granting National Express LLC a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, monitor, review, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on the Sites or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof; and to publish your name in connection with your Submission without any further notice or payment to or permission needed from you (except where prohibited by law).
National Express LLC has no obligation to monitor Submissions. However, National Express LLC reserves the right (but not the obligation) to review, edit, refuse to post or remove any Submissions in its sole discretion. National Express LLC reserves the right to terminate your access to submit Submissions at any time without notice for any reason whatsoever.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You acknowledge that you, not National Express LLC are responsible for the contents of any Submission.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NATIONAL EXPRESS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NATIONAL EXPRESS LLC AND/OR ITS SUPPLIERS, AGENTS OR LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NATIONAL EXPRESS LLC AND/OR ITS SUPPLIERS, AGENTS OR LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
National Express LLC reserves the right, in its sole discretion, to terminate your access to the the Site and the related services or any portion thereof at any time, without notice.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Website are: Copyright 2017 by National Express LLC and/or its suppliers, agents or licensors. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT
If you believe that your work has been copied and is accessible through the Service in a way that constitutes copyright infringement, or that the Website contains a link or other reference to another online location that contains materials that infringes on your copyright rights, you may provide National Express LLC with written notice (“Notice”) by contacting National Express’s Designated Agent at the following address:
Attn: Corporate Paralegal
Address: 2601 Navistar Drive
City, State Zip: Lisle, IL 60532
To be effective, the Notice must include all information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3).
To the maximum extent permitted by law, this Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of Illinois, and you hereby consent to the exclusive jurisdiction and venue of the federal or state courts located in Chicago, Illinois, in all disputes arising out of or relating to the use of the Site. You further agree that any action to enforce this Agreement or in any manner related to the Site shall be brought exclusively in the federal or state courts located in Chicago, Illinois. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.