Terms of use

AGREEMENT BETWEEN USER AND NATIONAL EXPRESS LLC (“AGREEMENT”)

National Express, LLC and its subsidiaries and affiliates (collectively, “National Express LLC”) welcome you to the National Express LLC websites (each a “Site”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By visiting and/or submitting information to this Site, you agree to be bound by these Terms of Use and National Express’s Privacy Policy. If you do not fully agree with the terms and conditions of this Agreement, do not use the Site. Your failure to follow this Agreement may result in termination of your access to the Site, without notice and in addition to any other remedies available to National Express LLC.

[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.

MODIFICATION OF THESE TERMS OF USE

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.

Subject to your compliance with the Agreement, National Express LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of the Site, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by National Express LLC or its licensors, suppliers, publishers, rightsholders, or other content providers. No portion of this Site, may be reproduced, duplicated, copied, sold, resold, visited, retransmitted, distributed, publicly displayed, published, used in competition with Durham (whether or not such use would constitute a fair use under 17 U.S.C. § 107 or is substantially similar to the Site), or otherwise exploited for any commercial purpose without express written consent of National Express LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of National Express LLC without express written consent. You may not use any meta tags or any other “hidden text” utilizing National Express LLC’s name or trademarks without the express written consent of National Express LLC. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by National Express LLC terminate if you do not comply with these Terms of Use.

USER SUBMISSIONS

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.

LIABILITY DISCLAIMER

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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NATIONAL EXPRESS LLC AND/OR ITS SUPPLIERS, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION FROM THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NATIONAL EXPRESS LLC OR ANY OF ITS SUPPLIERS, AGENTS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

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:

National Express

Attn: Corporate Paralegal
Address: 2601 Navistar Drive
City, State Zip: Lisle, IL 60532
Facsimile: 630-821-5385
Email: copyright@nellc.com

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).

GENERAL

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.

National Express’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of National Express’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by National Express LLC with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this agreement and the Privacy Policy constitute the entire agreement between the user and National Express LLC with respect to the Site and together supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and National Express LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.