Terms Of Use

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: 4300 Weaver Parkway
City, State Zip: Warrenville, IL 60555
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.

SERVICE CONTACT

info@nellc.com
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

National Express LLC has no obligation to monitor the Communication Services. However, National Express LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. National Express LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

National Express LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in National Express LLC's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. National Express LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, National Express LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized National Express LLC spokespersons, and their views do not necessarily reflect those of National Express LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO National Express LLC OR POSTED AT ANY National Express LLC WEB SITE

National Express LLC does not claim ownership of the materials you provide to National Express LLC (including feedback and suggestions) or post, upload, input or submit to any National Express LLC Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting National Express LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. National Express LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in National Express LLC's sole discretion.

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.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE National Express LLC WEB 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 National Express LLC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE National Express LLC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

National Express LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE National Express LLC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. National Express LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, 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 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 National Express LLC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE National Express LLC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE National Express LLC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE National Express LLC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF National Express LLC OR ANY OF ITS SUPPLIERS 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 National Express LLC WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE National Express LLC WEB SITE.

SERVICE CONTACT : info@nellc.com

TERMINATION/ACCESS RESTRICTION

National Express LLC reserves the right, in its sole discretion, to terminate your access to the National Express LLC Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the National Express LLC Web Site. Use of the National Express LLC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and National Express LLC as a result of this agreement or use of the National Express LLC Web Site. National Express LLC'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 LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the National Express LLC Web 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 constitutes the entire agreement between the user and National Express LLC with respect to the National Express LLC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and National Express LLC with respect to the National Express LLC Web 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the National Express LLC Web Site are: Copyright 2009 by National Express LLC and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

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