Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to all associated sites owned or operated by Consolidated Bus Transit, its subsidiaries and affiliates (“Consolidated Bus Transit”, “we,” “us,” and “our” including, but not limited to, the Consolidated Bus Transit website currently located at www.consolidatedbustransit.com (the “Site”). The Site is the property of Consolidated Bus Transit.

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE SITE, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. If you do not agree with these Terms of Use, please do not use this Site.

Consolidated Bus Transit reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. It is your responsibility to check these Terms of Use periodically for changes. Consolidated Bus Transit will post a notification on this Site or otherwise provide notice to you if these Terms of Use materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes, do not continue to use this Site after the date they become effective. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Consolidated Bus Transit grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

1. Content & Intellectual Property

All text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by Consolidated Bus Transit, and is protected by U.S. and international intellectual property and proprietary rights. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by Consolidated Bus Transit or by any third party.

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of Consolidated Bus Transit and others. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below), User Content (as defined below), and PII (as defined below) that you provide or transmit to us.

All materials contained or distributed in this website (the “Materials”) are owned by Consolidated Bus Transit. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of Consolidated Bus Transit and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Materials. Materials may not be used in any unauthorized manner.

2. Your Use of the Site; Restrictions

You may browse this Site and all associated content solely for your personal use. Except as expressly provided in these Terms of Use, no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Consolidated Bus Transit’s express prior written consent.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of Consolidated Bus Transit, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Consolidated Bus Transit, including any Consolidated Bus Transit account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to PII , other than your own information, as provided for by the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Consolidated Bus Transit on or through the Site or any service offered on or through the Site.

You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site, including, but not limited to, any Content or Materials contained therein, for any purpose that is unlawful or prohibited by these Terms of Use. Any violation of Consolidated Bus Transit’s system or network security may subject you to civil and/or criminal liability.

3. Feedback & User Content

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or Consolidated Bus Transit that you provide to Consolidated Bus Transit (but excluding your PII) (collectively, “Feedback”) is deemed to be Consolidated Bus Transit’s proprietary information. Consolidated Bus Transit may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and Consolidated Bus Transit shall own all rights, title and interest in and to the Feedback and such improvements and modifications.

The term “Feedback” does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information (collectively, “PII”) that you may provide to Consolidated Bus Transit, and which is subject to the privacy standards set forth in Consolidated Bus Transit’s Privacy Policy. To access parts of this Site or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of this Site that all the information you provide on this Site, including, but not limited to, PII, is correct, current and complete.

4. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of services, all of which terms are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific service offered on or through the Site, the latter terms shall control with respect to the specific service. Consolidated Bus Transit may make changes to any services offered on the Site, or to the applicable prices for any such services, at any time, in accordance with the notice procedures set forth above.

5. Privacy

Consolidated Bus Transit’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Consolidated Bus Transit’s Privacy Policy, navigate to our website www.consolidatedbustransit.com. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

6. Monitoring

You agree that Consolidated Bus Transit has the right, but not the obligation, to monitor, edit, disclose, or remove at any time, for any reason in Consolidated Bus Transit’s sole discretion, any Material and Content anywhere on this Site.

7. Communications.

When you send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8. Disclaimers

CONSOLIDATED BUS TRANSIT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITE WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CONSOLIDATED BUS TRANSIT CANNOT ENSURE THAT THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CONSOLIDATED BUS TRANSIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSOLIDATED BUS TRANSIT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES OF CONSOLIDATED BUS TRANSIT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST CONSOLIDATED BUS TRANSIT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

9. Applicable Law and Venue; Dispute Resolution

By use of this Site you irrevocably consent to the application of the laws of the State of New York, without regard to its conflicts of laws provisions, to govern any and all disputes with Consolidated Bus Transit related to these Terms of Use. Subject to the injunctive relief terms set forth herein, you also irrevocably consent to the exclusive venue of the courts of New York County, New York or the U.S. District Court for the Southern District of New York. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

To the extent you have in any manner violated or threatened to violate Consolidated Bus Transit’s intellectual property rights, Consolidated Bus Transit may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts.

You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to Consolidated Bus Transit, for which monetary damages would be inadequate, and you consent to Consolidated Bus Transit obtaining any injunctive or equitable relief that Consolidated Bus Transit deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Consolidated Bus Transit may have at law or in equity.

In any dispute, NEITHER YOU NOR CONSOLIDATED BUS TRANSIT WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER.

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES ARE CONSOLIDATED BUS TRANSIT, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF CONSOLIDATED BUS TRANSIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises.

Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations may not apply to you; all other provisions of these Terms of Use shall remain in full force and effect.

11. Indemnity

You agree to defend, indemnify, and hold harmless Consolidated Bus Transit and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, or (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content.

Consolidated Bus Transit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without Consolidated Bus Transit’s prior written consent.

12. State-Specific Provisions.

Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Consolidated Bus Transit may be contacted via e-mail at contact@cbttrans.com.

13. Miscellaneous.

Consolidated Bus Transit’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Consolidated Bus Transit may assign its rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without Consolidated Bus Transit’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use. If any provision of these Terms of Use is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any provisions which by their nature should survive, shall survive any termination of these Terms of Use. These Terms of Use, together with Consolidated Bus Transit’s Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

If you have any questions or comments regarding these Terms of Use, Consolidated Bus Transit’s Privacy Policy, or this Site, please feel free to contact Consolidated Bus Transit by e-mail at contact@cbttrans.com

These Terms of Use were last updated on August 5, 2020.