TERMS OF SERVICE

ROUTESPROUT TERMS OF SERVICE

 

Agreement between User and RouteSprout, Inc.

 

Last Updated July 19, 2012

 

RouteSprout, Inc. (“RouteSprout or “Us” or “Our” or “We”) operates this website, RouteSprout.com, its subdomains, mobile and touch versions of this website, widgets, software applications, and individual microsites available now and in the future (“Ecosystem”). By using our Ecosystem and RouteSprout's services through the Ecosystem, You (“You” or “End User” or “User”) agree to these Terms of Use, our Privacy Policy, and any additional terms applicable to certain programs in which You may elect to participate (collectively, the "Terms of Use" or "Agreement" or “Terms and Conditions” or “Terms”).

 

BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING OUR ECOSYSTEM, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREA OF THIS ECOSYSTEM, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE ECOSYSTEM AND DO NOT USE ANY ROUTESPROUT SERVICE OFFERED THROUGH THE ECOSYSTEM. YOUR ACCESS TO THIS ECOSYSTEM MAY BE TERMINATED IMMEDIATELY IN ROUTESPROUT'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

 

We reserve the right to modify this Agreement at any time, effective upon posting of an updated version of this Agreement on the Ecosystem. By using this Ecosystem, You agree that the posting of new or revised Terms and Conditions on the Ecosystem will constitute adequate and constructive notice to You of any and all revisions and changes. You are responsible for regularly reviewing these Terms. Continued use of the Ecosystem after any such changes shall constitute Your consent to such changes. You may reject the changes by terminating Your use of the Ecosystem.

 

GENERAL TERMS AND CONDITIONS

This Agreement describes Your responsibilities and, among other things, limits the liability of RouteSprout and its third-party suppliers or providers including, without limitation, the bus operators that provide travel or other services through this Ecosystem (such third parties collectively referred to as "Transporters") as well as the owners and/or managers of property where passenger pickups, drop-offs, and way-points are located (such third parties collectively referred to as “Landholders”).

 

 

Our Service

RouteSprout is a market for passenger group transportation. As a market, We do not own or operate any vehicles. Our service provides You with an interface to search for trips operated by third parties and purchase tickets on them. When a trip that matches your parameters is unavailable, We allow You to enter the trip parameters you desire and request that We find a third-party operator to operate it.

 

Conditional Service

Trips may be conditional upon a number of factors including but not limited to tickets requested, tickets sold, purchase prices, third-party deadlines, and time left until the trip is proposed to depart. We reserve the right to modify these conditions with or without notice to You. Trips may also be conditional upon successfully taking payment from all passengers and scheduling the trip with a third-party operator at an economically viable cost.

 

Eligibility

By entering into this Agreement, You warrant that You are 18 years of age or older.  All persons under the age of 18 are prohibited from using RouteSprout’s Ecosystem.  In addition, You guarantee that any passenger under 18 for whom You purchase a ticket shall be accompanied by a parent or legal guardian 18 years of age or older. If You have been previously expelled from this Ecosystem, You are prohibited from using it again unless We give You explicit written permission to do so.

 

Acceptable Use/License

RouteSprout grants You a limited, personal, non-commercial, nontransferable, non-sublicensable, revocable license to access and use this Ecosystem only as expressly permitted in this Agreement. Except for this limited license, We do not grant You any other rights or license with respect to this Ecosystem; any rights or license not expressly granted herein are reserved. The content, information, and infrastructure of this Ecosystem is proprietary. You agree not to use this Ecosystem or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. You further agree not to:

 

 

i. access, monitor, or copy any content or information of this Ecosystem using any robot, spider, scraper, or other automated means without express written permission of RouteSprout;
ii. violate the restrictions in any robot exclusion headers on this Ecosystem or bypass or circumvent other measures employed to prevent or limit access to this Ecosystem;
iii. take any action that imposes, or may impose, in the sole discretion of RouteSprout, an unreasonable or disproportionately large load on the RouteSprout infrastructure;
iv. deep-link to any portion of this Ecosystem
v. deliver any unlawful postings to or through the this Ecosystem, or any postings which advocate illegal activity;
vi. deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful, or otherwise objectionable;
vii. deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, color, creed, ethnicity, sexual orientation, gender, age, ancestry, national origin, pregnancy, parental status, veteran’s status, or disability;
viii. deliver or provide links to, any postings containing defamatory, false, or libelous material;
ix. deliver any posting that infringes or violates the intellectual property or other right of any entity or person;
x. deliver any posting which You do not have a right to make under law or contractual or fiduciary relationships;
xi. manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that You deliver;
xii. use this Ecosystem in any manner which could damage, disable, limit, overburden, disrupt, impair, or otherwise interfere with the use of this Ecosystem or the functioning of RouteSprout’s or other Users' software, hardware, or telecommunications equipment;
xiii. attempt to gain unauthorized access to this Ecosystem, any related website, other User accounts, or the computer system, infrastructure, or connected networks of this Ecosystem through hacking, password mining, or any other means; or
xiv. obtain or attempt to obtain any materials or information by any means not intentionally made available through this Ecosystem.

 

You may only use this Ecosystem to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a "Request") and shall not use this Ecosystem to make any speculative, false, or fraudulent Requests. You represent that You are of sufficient legal age to create binding legal obligations. You agree to provide accurate account information and to promptly update it to keep it current and complete. You acknowledge that it is against the law to place a Request in a false name or with an invalid method of payment; that fraud will be prosecuted to the fullest extent of the law; and that RouteSprout reserves the right to cancel any reservation or transaction that it reasonably believes to be fraudulent.

 

Accounts, Security, Passwords

You may register to utilize this Ecosystem by completing the specified registration process. It is Your responsibility to maintain the currency, completeness, and accuracy of Your registration data, and any loss caused by Your failure to do so is Your responsibility. As part of the registration process, You may be asked to choose one or more security questions. It is entirely Your responsibility to maintain the confidentiality of Your security question(s), password, and login and account information. You agree to notify RouteSprout immediately of any unauthorized use of Your account. RouteSprout is not liable for any loss that You may incur as a result of someone else using Your account, either with or without Your knowledge.  You take full responsibility for all activity and purchases made with Your account.

 

Privacy Policy

You confirm that You have read and agree to our Privacy Policy and consent to the use of Your personal information in accordance with the Privacy Policy. To the extent permitted by law, RouteSprout makes no representation or warranty with regard to the security measures used for data handling and storage. RouteSprout is not responsible for any actual or consequential damages resulting from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

 

 

DISCLAIMERS, LIMITATIONS, AND INDEMNIFICATIONS

 

Disclaimer of Warranties

ALL CONTENT, INCLUDING, WITHOUT LIMITATION, SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS ECOSYSTEM (COLLECTIVELY THE “FLORA”) ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. ROUTESPROUT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS ECOSYSTEM OR ITS FLORA. TO THE FULLEST EXTENT PERMISSIBLE, ROUTESPROUT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ROUTESPROUT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS ECOSYSTEM WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS ECOSYSYTEM IS SECURE, THAT THIS ECOSYSYEM WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT THIS ECOSYSTEM AND ITS SERVERS WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. ROUTESPROUT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY FLORA CONTAINED WITHIN THIS ECOSYSTEM FOR ANY PURPOSE.

 

ROUTESPROUT IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF ORDERS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

 

WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS ECOSYSTEM, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS ECOSYSTEM, (IV) THAT THE QUALITY OF THIS ECOSYSTEM OR ITS FLORA WILL MEET YOUR EXPECTATIONS OR (V) REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, SUITABILITY, AVAILABILITY, OR RELIABILITY OF RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS ECOSYSTEM.

 

General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROUTESPROUT, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE ECOSYSTEM AND ITS CONTENTS (COLLECTIVELY THE "PROTECTED SPECIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE ECOSYSTEM; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE ECOSYSTEM OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE ECOSYSTEM; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS ECOSYSTEM; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS ECOSYSTEM OR ANY ECOSYSTEM TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE ECOSYSTEM, ANY DELAY OR INABILITY TO USE THE ECOSYSTEM, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE ECOSYSTEM. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF A PROTECTED SPECIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

FURTHER, TRANSPORTERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE PROTECTED SPECIES. TO THE EXTENT PERMITTED BY LAW, THE PROTECTED SPECIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, CLAIM, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRANSPORTER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRANSPORTER. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TRAFFIC, WAR, TERRORISM, BLOCKED OR UNUSABLE ROADS, ACTS OF GOD, OR CAUSES BEYOND THE PROTECTED SPECIES' CONTROL.

 

No Protected Species shall be responsible for any Transporter's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Protected Species be responsible for any other wrongdoing of a Transporter as to any products and/or services available through this Ecosystem. No Protected Species shall be responsible neither for any Transporter’s failure to comply with this Agreement nor for any Transporter's failure to comply with applicable international, federal, state, provincial, or local law.

 

If, notwithstanding the above, a Protected Species is found liable for any loss or damage relating to the use of this Ecosystem, User agrees the collective liability of Protected Species shall in no event exceed the total charge to the User assessed by RouteSprout for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Texas law as described herein, do not allow the limitation of liability, so the foregoing limitations may not apply to You.

 

Indemnification

You agree to defend and indemnify Protected Species from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by You or on behalf of You in excess of the liability described above; or (ii) by third parties as a result of the following (collectively known as “Misconduct”):

a. Your breach of this Agreement

b. Your violation of any law or the rights of a third party; or

c. Your use of this Ecosystem in violation of this Agreement.

 

Landholders are not affiliated with RouteSprout or Transporters; do not endorse nor sponsor RouteSprout’s or Transporter’s services; and do not accept any liability or responsibility for the performance or non-performance of RouteSprout’s or Transporter’s services. To the fullest extent permitted by law, You hereby agree to indemnify and hold harmless Landholders and their respective regents, officers, directors, attorneys, employees, representatives, and agents from and against all damages, losses, liens, causes of action, suits, judgments, expenses (including reasonable attorney’s fees), and other claims of any nature, kind, or descriptions by any person or entity, arising out of, caused by, or resulting from this Agreement.

 

 

MORE FINE PRINT

 

Fellow Travelers

If You use this Ecosystem to submit Requests for or on behalf of someone else such as a family member or a traveling companion (“Fellow Travelers”), You are responsible for any error in the accuracy of information provided in connection with such use. In addition, You must inform Fellow Travelers of all Terms and Conditions applicable to all products or services acquired through this Ecosystem including all rules and restrictions applicable thereto. Each User using this Ecosystem for or on behalf of a Fellow Traveler agrees to indemnify and hold each Protected Species harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Fellow Traveler’s or the User's failure to fulfill any of its obligations as described herein. You are directly responsible for any Request submitted including for total charges and performance obligations.

 

Your Habitat

RouteSprout in some instances allows You and other Users to use the Ecosystem to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms, or other communication facilities that may be offered through the Ecosystem from time to time (collectively “Your Habitat”). RouteSprout shall have the right, but not the obligation, to monitor the content within Your Habitat at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by RouteSprout, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, RouteSprout shall have the right, but not the obligation, to remove any material from Your Habitat that RouteSprout, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.

 

Your and Others’ Words

All comments, feedback, suggestions, bug reports, opinions, advice, ratings, testimonials, discussions, postings, reviews, messages, and ideas disclosed, submitted, or offered to RouteSprout in connection with Your and other Users’ use of this Ecosystem (collectively, "Your Words" and “Others’ Words”), shall be and remain the exclusive property of RouteSprout. By giving us Your Words, You grant RouteSprout a royalty-free, perpetual, irrevocable, transferable, fully paid, worldwide non-exclusive license to use, reproduce, modify, reformat, publish, edit, translate, syndicate, excerpt (in whole or in part), distribute, perform, and display Your Words alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. Your license of Your Words extends to use for commercial purposes such as promotions, advertising, and market research as well as any other lawful purpose, without limitation.

 

You understand and agree that all of Your Words are public by default and neither private nor confidential. Neither RouteSprout nor its content providers, advertisers, sponsors, or affiliated or related entities control or endorse Your Words or Others’ Words, and We disclaim any liability concerning the truthfulness, accuracy, or reliability of Your Words or Others’ Words, or whether Your Words or Others’ Words violate the rights of others. You acknowledge that any reliance on Others’ Words will be at Your own risk and agree You will be solely responsible for Your Words.

 

Response to Requests

While RouteSprout will use its good faith efforts to respond to Requests within the time periods indicated on this Ecosystem, no guarantee is made that the status of Your Request will be made available to You within the stated processing time. Neither RouteSprout nor Transporters are responsible for any errors or delays in responding to a Request.

 

Links to Other Web Sites and Services

The Ecosystem may contain links to websites maintained by other parties. These links are provided solely as a convenience to You and not because We endorse, sponsor, recommend, or have an opinion about the contents on such websites. RouteSprout does not monitor or control the linked sites and We expressly disclaim any representations regarding the accuracy, completeness, timeliness, reliability, or availability of materials or services on such websites as well as the privacy practices of those websites. If You decide to access websites maintained by other parties, You do so at Your own risk, and any concerns regarding such websites should be directed to their respective owners.

 

Modification or Termination of Usage

RouteSprout reserves the right, in its sole discretion, to modify, suspend, or terminate this Ecosystem or any portion thereof, including without limitation any service or product available through the Ecosystem, Your profile, account password, Your use of the Ecosystem or any portion thereof, at any time for any reason with or without notice to You. In the event of termination, You will still be bound by Your obligations under this Agreement and any additional terms, including the warranties made by You, and by the disclaimers and limitations of liability. Additionally, RouteSprout shall not be liable to You or any third-party for any termination of Your access to this Ecosystem.

 

Pricing Errors

We endeavor to publish and maintain accurate prices and information for the services We offer. In the event, however, that a service is listed at an incorrect price or with incorrect information, We retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse, cancel, and refund any such Requests whether or not the order has been confirmed and/or Your payment instrument charged.

 

Electronic Notification

To the extent that We need to contact You, You agree that We may do so via any electronic means.

 

International Use

Accessing materials on this Ecosystem by certain persons in certain countries may not be lawful, and RouteSprout makes no representation that materials on this Ecosystem are appropriate or available for use in locations outside of the United States. If You are resident in a country other than the United States, You must not transact business with this Ecosystem.

 

Hyperlinks

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Ecosystem or frame this Ecosystem or any Web page or material herein, nor may any entity hyperlink any aspect of this Ecosystem in an email for commercial purposes without the express written permission of RouteSprout.

 

 

TERMS OF SALE

 

Transporters

You agree to abide by the terms or conditions of purchase imposed by any Transporter, whether that Transporter is selected by You or by RouteSprout, including, but not limited to, payment of all amounts when due and compliance with the Transporter's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of Transporter's conditions of purchase may result in cancellation of Your reservation(s) or purchase(s), in Your being denied access to any travel services, in Your forfeiting any monies paid for such reservation(s) or purchase(s), and in RouteSprout debiting Your account for any costs RouteSprout incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Ecosystem.

 

You agree that We will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non-performance of any Transporter, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if We have been advised of the possibility of any such damages. In the event of non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Transporter, You agree that Your sole recourse shall be toward such Transporter and not toward us.

 

Conduct on board

For the entire length of Your trip, which includes boarding, disembarking, and all the time in between, You agree to abide by a reasonable standard of good conduct (“Rules of the Road”).  In addition to and reinforcing the standards imposed by Transporter, Rules of the Road include, without limitation:

1. Obeying all applicable laws.

2. Treating RouteSprout and Transporter employees and agents with dignity and respect.

3. Refraining from smoking or consuming alcoholic beverages on board the vehicle.

4. Respecting fellow passengers’ right to a quiet, enjoyable journey.

5. Maintaining Your vicinity clean and free from obstructions to other passengers.

6. Not interfering with, distracting, or disturbing the driver while in transit.

7. Not causing Transporter to transport hazardous chemical, biological, or radiological substances.

8. Not causing Transporter to transport live animals (except for service animals).

9. Not damaging or stealing Transporter’s or fellow passengers’ property.

10. Immediately reporting any violations of Rules of the Road to Transporter.

 

You agree that the application of Rules of the Road is at the sole discretion of RouteSprout, Transporter, and their respective representatives and agents, and further agree that violation of Rules of the Road is grounds for immediate expulsion from the vehicle, forfeiture of Your Booking, and permanent expulsion from the Ecosystem.

 

Foreign Exchange Rates

Transactions made in our Ecosystem are denominated exclusively in United States Dollars (USD). If You make a transaction using a non-USD payment instrument, any charge, estimated charge amount, or credit We provide may differ based on the exchange rate at the time You make Your transaction versus the rate at the time the charge is reflected on Your payment instrument’s account statement.

 

Ratings

RouteSprout's rating system is provided for Your reference. Ratings are provided by Users and RouteSprout makes no representations or warranties about them. RouteSprout may at its sole discretion remove individual ratings, which may affect the aggregate rating.

 

Special Requests

A reservation cannot be refunded, canceled, or modified on the basis that a special request was not (or could not be) met by the Transporter.

 

Disability Needs

RouteSprout has no special knowledge regarding the suitability for disabled persons of Transporter equipment and vehicles. For information concerning the suitability for disabled persons of Transporter equipment and vehicles, contact the Transporter directly.

 

Prices

Prices quoted for routes that have not yet been confirmed (“Seeds”) are indicative in nature. They are estimates and subject to change. Prices quoted for confirmed routes (“Sprouts”) are subject to the disclaimers contained within this Agreement.

 

Payment

Reservations require payment information in order to guarantee Your reservation. If a route has not yet been confirmed (“Sprouted”), Your payment account will either: (a) be pre-authorized upon reservation and will not be charged until the route is sprouted; or (b) charged the full amount and refunded if the route does not sprout. RouteSprout will determine the best payment method given the time left to sprout a route and shall explain which payment method is being used at the time You make Your reservation.

 

Booking

Until a route is sprouted, You may cancel Your reservation at any time. Once a route is sprouted, RouteSprout will cause Your payment to be remitted if Your payment account was not already charged and issue a proof of purchase (“Booking”). As a courtesy, RouteSprout may offer You a limited period to cancel Your reservation upon a route sprouting, but it is not obligated to do so. All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party. You will be charged for the amount shown even if You do not use the booking or the products, services, and amenities purchased. It is Your responsibility to arrive at the appointed time and place with the proper proof of purchase and identification, and failure to do so forfeits Your Booking. If You disembark at any point during Your journey and fail to re-embark at the time and place indicated by Transporter, You also forfeit Your Booking.  If at any point during Your journey You violate Your contractual obligations with Transporter or the terms of this Agreement, You will also forfeit Your Booking.

 

Magic Seeds

RouteSprout may from time to time and at its sole discretion operate a frequent traveler scheme (“Magic Seeds”) which You consent to enroll in unless You opt out during the account registration process or by modifying Your user profile. The Magic Seeds Terms and Conditions can be found here.

 

Taxes and Fees

The total price may include a separate charge for Taxes and Fees. If Taxes and Fees are paid for by RouteSprout, We reserve the right not to disclose them. Taxability, tax rates, and applicable taxes can vary greatly by location.

 

Luggage Policy

You agree not to hold RouteSprout liable for lost, damaged, or stolen luggage.  Neither RouteSprout nor Transporters provide luggage tagging or tracking services.  You further acknowledge that You are solely responsible for keeping all of Your property and personal effects brought on board the vehicle within Your possession. 

 

Baggage allowances may vary by trip, vehicle, and Transporter.  Unless stated otherwise, the standard baggage allowance is one carry-on item that fits within an overhead bin or under seat, plus one piece of luggage not to exceed 50 pounds in Weight or 62 inches in the sum of height, length, and depth.  Transporters determine in their sole discretion which luggage can be stowed onboard or inside the vehicle.  If Transporter determines that Your luggage cannot be transported, You shall not be entitled to a refund.  It is Your responsibility to check with Transporter before Your trip commences whether Your luggage will be permitted; to ask for express written permission for Your luggage if it is an exception to Transporter’s luggage policy; and to provide the written permission to Transporter employees when requested.

For an additional fee, RouteSprout may offer You a supplementary baggage allowance.  If Transporter determines that the item(s) for which You paid the supplementary baggage allowance fee cannot be transported, You shall be entitled to a refund of the supplementary baggage allowance fee but shall not be entitled to a refund of Your Booking.

 

Travel Insurance

RouteSprout may offer You Travel Insurance provided by a third party. If so, Travel Insurance is subject to applicable laws and the contractual terms and conditions of the provider.

 

Travel Service Disclosures

RouteSprout is a registered Seller of Travel in the following states:

• N/A

Registration as a seller of travel in California does not constitute the state's approval.

 

New York State Tax Registration

RouteSprout’s New York sales tax vendor registration number is:

• N/A

 

 

LEGAL STUFF

 

Copyright Notice

All content in this Ecosystem, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Our Property"), is: © 2012 RouteSprout, Inc. All rights reserved. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, re-sell, or in any way exploit Our Property in whole or in part. You may download, print, and/or save copyrighted material for Your personal, non-commercial use only.

 

Trademark Notice

"RouteSprout", "There and back by popular demand", "Going my way?", “Travel Better Together”, “Ride me maybe”, “We the passengers”, “Occupy all streets”, “Give PAX a chance”, “One giant bus for mankind”, “Four wheels bad, six wheels good”, “Magic Seeds”, and the RouteSprout logo are trademarks and/or service marks of RouteSprout, Inc. Other product and company names identified on this Ecosystem may be the name, trademark, trade name, service mark, logo, symbol, or other proprietary designation (collectively, “DNA”) of RouteSprout or a third party. The use on this Ecosystem of DNA belonging to any third party, and the availability of specific goods or services from such third party through this Ecosystem, should not be construed as an endorsement or sponsorship of this Ecosystem by any such third-party, or the participation by such third party in the offering of goods, services, or information through this Ecosystem.

 

Patent Notice

One or more U.S. or foreign patents owned by RouteSprout may apply to this Ecosystem, including without limitation United States Patent Numbers:

• N/A

 

Misconduct

Nothing contained in this Agreement will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer Your rights or obligations under this Agreement. We may assign our rights and duties under this Agreement without such assignment being considered a change to this Agreement and without notice to You. If We fail to act with respect to Your Misconduct or anyone else’s Misconduct on any occasion, We are not waiving our right to act with respect to future or similar Misconduct.

 

Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

RouteSprout reserves the right to terminate its agreement with You or any other End User who infringes third-party copyrights. If You believe that any material has been posted in the Ecosystem by an End User in a way that constitutes copyright infringement, You shall provide RouteSprout with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location in the Ecosystem of the allegedly infringing work; (c) a written statement that You have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) Your name and contact information, including telephone number and e-mail address; and (e) a statement by You that the above information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for RouteSprout’s DMCA Agent for notice of claims of copyright infringement is:

 

RouteSprout, Inc.

Attn: Copyright Forest Ranger

DMCA@RouteSprout.com

 

Unsolicited Ideas

If You send us unsolicited ideas or materials (collectively “Freebies”), You understand and agree that notwithstanding any cover letter or other terms that accompany Freebies: (i) RouteSprout has no obligation to review Freebies nor to keep them confidential; and (ii) RouteSprout will own Freebies and may use and redistribute Freebies for any purpose without restriction and free of any obligation to acknowledge or compensate You.

 

Arbitration

We will make every reasonable effort to resolve any disagreements that You have with RouteSprout. If those efforts fail, by using this Ecosystem You agree that any claim, dispute, or controversy You may have against RouteSprout arising out of, relating to, or connected in any way with this Agreement, this Ecosystem, or the purchase or sale of any product(s) or service(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for You), or at such other location as may be mutually agreed upon by You and RouteSprout; (b) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only Your and/or RouteSprout’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, RouteSprout will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision Were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither You nor RouteSprout shall be entitled to arbitrate their dispute.

 

Whole Agreement

This Agreement and its annexes incorporated by reference represents the entire agreement between You and us regarding Your use of this Ecosystem and supersedes any prior statements, representations, or prior versions of these Terms and Conditions. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Ecosystem will be subject to the terms of this Agreement in effect at the time of Your use.

 

Severability

In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Choice of Law

To the extent permitted by applicable law, the internal laws of the State of Texas shall govern the performance of this Agreement and You consent and submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas, in all questions and controversies arising out of Your use of this Ecosystem and this Agreement, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision shall be governed by the Federal Arbitration Act. To the extent permitted by applicable law, any claim or cause of action arising from or relating to Your use of this Ecosystem and/or this Agreement must be brought within two (2) years from the date on which such claim or action arose or accrued.