AGREEMENT BETWEEN USER AND NATIONAL EXPRESS LLC AND ITS AFFILIATED COMPANIES
National Express LLC and our affiliated companies, Durham School Services, L.P., Stock Transportation Ltd. and Petermann ltd. (collectively “we”, “us” and “our”) provide you with a school bus tracking software application to allow you to determine when the school bus(es) operated by us on the route ridden by your child or children will arrive at its destination.
We are the owner and provider to you of this Durham Bus Tracker website and software application (collectively the “Tracker”), and make the Tracker available to you conditional on your acceptance without modification of the terms, conditions, and notices contained in this Agreement. Your registration of your child(ren) for this service via the Tracker and your use of the Tracker both constitute your acceptance of all terms, conditions, and notices of this Agreement.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY
1. REGISTRATION FOR AND ACCESS TO THE TRACKER
1.1 You represent and warrant to us that your use of the Tracker will not violate any applicable Canadian or American law or regulation and that you have the capacity to enter into a legal agreement in the province or state and country in which you reside.
1.2 Your registration of your child(ren) for the Tracker requires your acceptance of this Agreement without qualification, as signified by your use of the Tracker. If you do not agree with any terms, conditions or notices of this Agreement do not use the Tracker.
1.3 To register you and your child(ren) please complete the online registration form. Upon successfully registering, you will be given a username and a password that you can use to access the Tracker. In registering you represent and warrant that any information you provide about yourself and your child(ren) is true and that you will keep us updated to any change in that information, and that you have the legal authority as the parent or legal guardian to give us information about the subject child(ren).
1.4 You are fully responsible for all activities conducted under your username and password. You must ensure that no unauthorized access to the Tracker is obtained through your username and password and take all necessary steps to keep them confidential. You shall inform us immediately if you have any reason to believe that your password has become known to or been used by any other person.
1.5 We may change your username or password at any time for security reasons and will notify you if we do so.
1.6 We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Tracker without prior notice and without liability should you violate any provisions of this Agreement.
2.3 The Tracker uses GPS location systems to track the location of the school bus for the route travelled by your child(ren). If you have any concerns about GPS tracking systems and your child(ren), do not use the Tracker.
3. NO UNLAWFUL OR PROHIBITED USE.
3.1 You may use the Tracker only as permitted by law and the terms of this Agreement. As a condition of your use of the Tracker, you warrant to us that you will not use the Tracker for any purpose that is unlawful or prohibited by these terms, conditions, and notices of this Agreement.
3.2 You agree that you will not use the Tracker to impersonate any person or entity, including without limitation, the parent or lawful guardian of a child or any school official involved in the Tracker or school bus operations by our affiliated companies, or falsely state or otherwise misrepresent your relationship with any child or school. You will not use the Tracker for any commercial purpose or collect or store any information about any other person for commercial or unlawful purposes.
3.3 You may not use the Tracker in any manner which could damage, disable, overburden, or impair the Tracker or interfere with any other party's use and enjoyment of the Tracker. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Tracker.
3.4 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 the Tracker without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of us. You may not misuse the Tracker.
4. GRANT OF LICENSE TO USE THE TRACKER
4.1 Subject to your compliance with this Agreement, we and our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Tracker. This license does not include any resale or commercial use of the Tracker, 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.
4.2 All rights not expressly granted to you in this Agreement are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. No portion of the Tracker, may be reverse engineered, decompiled, or disassembled, reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of us. The licenses granted by us terminate if you do not comply with this Agreement.
5. NO WARRANTIES
5.1 The Tracker is provided to you “as is”, with no warranties or conditions whatsoever. We make no warranty that the Tracker will be (i) available at all times; (ii) will operate without errors; (iii) will be accessible regardless of the hardware or software that you wish to employ to access it; (iv) is absolutely secure, notwithstanding our commercially reasonable efforts to secure it; or (v) is free from viruses or other harmful code, notwithstanding our commercially reasonable efforts to identity and eliminate such code.
5.2 To the maximum extent permitted by applicable law, we expressly disclaim all express, implied and statutory warranties or conditions, including without limitation the warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement and those arising through course of dealing, usage or trade.
6. LINKS TO THIRD PARTY SITES.
6.1 The Tracker may contain links to other websites/applications ("Linked Sites"). The Linked Sites are not under the control of us, and we are 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. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with the operators of the Linked Sites.
7. DATA FROM THIRD PARTIES.
7.1 The Tracker contains software and data from third party sources (“Third Party Data”). The Third Party Data is not under the control of us, and we are not responsible for the contents or functionality of any Third Party Data, including any changes or updates to the Third Party Data. We include the Third Party Data in order to enable certain functions of the Tracker. The inclusion of any Third Party Data does not imply endorsement by us of the Third Party Data or any association with the operators and suppliers of the Third Party Data.
8. LIABILITY DISCLAIMER.
8.1 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AND DATA INCLUDED IN OR AVAILABLE THROUGH THE TRACKER MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TRACKER AT ANY TIME.
8.2 WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE TRACKER FOR ANY PURPOSE, INCLUDING ANY INFORMATION REGARDING THE ESTIMATED LOCATION OF A STUDENT’S SCHOOL BUS. TRAFFIC CONDITIONS, WEATHER CONDITIONS AND REFRESHING OF GPS INFORMATION ARE SOME OF THE FACTORS WHICH CAN RESULT IN INACCURACIES OF THE INFORMATION PROVIDED. YOU SHOULD NOT RELY ON THIS INFORMATION TO DETERMINE WHEN A STUDENT SHOULD BE PICKED UP OR DROPPED OFF AT A PARTICULAR LOCATION, OR FOR ANY OTHER REASON WHATSOEVER, AND SHOULD FOLLOW THE SCHOOL’S POLICIES AND PROCEDURES WITH RESPECT TO PICK-UP AND DROP OFF OF STUDENTS.
8.3 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. WE AND/OR OUR SUPPLIERS 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.
8.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE 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 TRACKER, WITH THE DELAY OR INABILITY TO USE THE TRACKER OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE TRACKER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
9. TERMINATION/ACCESS RESTRICTION.
We reserve the right, in our sole discretion, to terminate your access to the Tracker and the related services or any portion thereof at any time, without notice.
10. COPYRIGHT AND TRADEMARK NOTICES.
10.1 All contents of the Tracker are: Copyright 2014 by National Express LLC and/or its suppliers. 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.
10.2 If you have any copyright or trademark concerns about any materials posted on the Tracker by others, please let us know. Please provide us with written notice (“Notice”) by contacting National Express LLC’s Designated Agent at the following address:
National Express LLC
Attn: Legal Department
4300 Weaver Parkway
Warrenville, IL 60555
Facsimile: (630) 821-5385
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit Durham School Services to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on the Tracker ("Infringing Material"), and information reasonably sufficient to permit Durham School Services to locate such material on the Tracker;
- Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works at a single Durham School Services Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing 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 Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11.1 We reserve the right to modify this Agreement and without limitation, any charge for use of the Tracker, from time to time, for any reason. The date when this Agreement was last updated will appear near the top of any page within the Tracker on which this Agreement is displayed. Please review this Agreement from time to time so you will be apprised of any changes.
11.2 After any change to this Agreement we may, but are not obliged to, ask you to actively confirm your consent to the revised Agreement. If we do not do so but you continue to use the Tracker after the changes come into effect, you will be deemed to have agreed to abide by the revised Agreement. If you do not agree with the revised Agreement without qualification, discontinue using the Tracker and, if applicable, instruct us to disable any password assigned to you.
11.3 We reserve the right, in our sole discretion, to change or modify the Tracker from time to time including but not limited to adding or removing functionality or features or changing its name.
12. VIOLATIONS OF TERMS
12.1 Should you violate any of the terms, conditions and notices or this Agreement or any other of our rights, we reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Tracker, with or without prior notice, and without liability.
National Express LLC
Attn: Legal Department
4300 Weaver Parkway
Warrenville, IL 60555
Facsimile: (630) 821-5385
13. GOVERNING LAW
13.1 To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Tracker.
13.2 Use of the Tracker is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our rights to comply with governmental, court and law enforcement requests or requirements relating to your use of the Tracker or information provided to or gathered by us with respect to such use.
13.3 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.
14. GENERAL PROVISIONS
14.1 Entire Agreement. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, whether electronic, oral or written, regarding such subject matter. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, legal personal representatives, successors, and permitted assigns.
14.2 Electronic Documents. 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.
14.3 Waiver. No waiver of any part of this Agreement will be deemed to be a waiver of any other provision in this Agreement. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in writing and signed by the party waiving enforcement.
14.4 Assignment. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under this Agreement, either in whole or in part, without our prior written consent.
14.5 Term and Termination. This Agreement shall continue in effect for as long as you use the Tracker, unless specifically terminated earlier by us. All provisions of this Agreement that impose obligations continuing in their nature shall survive termination or expiration of this Agreement including but not limited to sections.
14.6 Notices. Any notice or other significant communication given to you pursuant to this Agreement shall be in writing, addressed to any email address or address that you provided to us when registering and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to us pursuant to this Agreement shall be in writing and sent to us at the address listed on the Tracker in the “Contact Us” section of that site by fax or nationally recognized courier. Notices shall be deemed to have been received as follows:
|Delivered||Deemed to have Been Received|
|On the business day following transmission|
|Fax||On the business day following a confirmed transmission|
|Nationally Recognized Overnight Courier||On the business day following deposit with the courier|
14.7 Titles. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Thank you for taking the time to read the terms, conditions and notices of this Agreement. We hope you find the Tracker useful and enjoyable.
Version Date: August 10, 2015