Terms and Conditions
By accessing buswhere.com and using the systems available here, you agree as follows.
–The facilities of this site allow a school (“School” and the person(s) representing such School on this site “Administrators”), following applicable setup, to monitor the approximate location and estimated times of arrival of its buses. It allows a School to grant access to specific individuals, e.g., the students themselves, parents of children that are students at the school, or other child caretakers (“Parents”), who may then monitor the approximate location and estimated time of arrival of specific buses associated with the School. It allows a School to grant access to specific individuals, e.g., employees and local law enforcement (“Observers”), who may then monitor the approximate location and estimated time of arrival of all buses associated with the School. It also allows a Bus Company (“Bus Company”) to monitor buses that service a school using the service, where the Bus Company may be an independent entity or an administrative group run from within the School. As used herein Schools, Administrators, Observers, Bus Companies, and Parents, including those designated by BusWhere, are each referred to as “User.”
The following applies to Schools, Bus Companies, and Administrators of either:
- Administrators –A School or Bus Company (“Entity”) may have more than one Administrator. The Entity agrees to cancel the access of any Administrator who ceases to work for the school.
The following applies to Schools and Administrators:
- Granting Access to Parents –Each Administrator, on behalf of its School, may, via the facilities of this site, have materials transmitted to Parents via which Parents may obtain access to the facilities of this site, but limited to a specific a bus. By giving this direction, the School warrants that the Parent(s) to which such access is granted is the parent, legal guardian or caretaker of a child that will regularly travel on the applicable bus whose location that Parent will then have access. Each Parent must accept these Terms and Conditions as a precondition to such access. The School agrees to promptly terminate the access of any Parent if the applicable child no longer regularly travels on the applicable bus whose location that Parent had been given access.
- Granting Access to Observers –Each Administrator, on behalf of its School, may, via the facilities of this site, have materials transmitted to Observers via which the Observer may obtain access to the facilities of this site, including all of the buses associated with that School. By giving this direction, the School warrants that the Observer(s) to which such access is granted is an employee of the School, otherwise associated with the School or other legal authority and that such access is proper and intended for the benefit of the School and/or the safety and security of the children being carried on the buses. Each Observer must accept these Terms and Conditions as a precondition to such access. The School agrees to promptly terminate the access of any Observer whose access no longer meets the foregoing criteria.
- Limit on Use –School agrees to arrange to not track buses that are not serving the school.
- Use of Name and Mark –By using this site, School agrees that its name and logo may be placed on this site and BusWhere’s marketing and promotional materials.
The following applies to Bus Companies and Administrators of either:
- Devices –In connection herewith, a device with applicable software must be carried on each bus to be tracked (each a “Device”). For avoidance of doubt, the software on each Device will utilize the Global Positioning System capability of the device to allow the Device’s location to be determined. These Terms and Conditions will apply thereto and the operation of such devices with such software as may be provided by BusWhere.
- Provision of Devices –In connection with setting up a School or subsequently, a Bus Company may use a BusWhere Tracking Device at no monthly cost, and they must be returned to BusWhere at the conclusion of the contract. If a Device is lost or damaged, Bus Company will pay BusWhere one hundred U.S. dollars ($100) and BusWhere will provide a replacement. If a Device ceases to function, Bus Company may return it to BusWhere and BusWhere will provide a replacement. If the cause of such failure, as determined by BusWhere, is not from damage or misuse of the Device, BusWhere will replace that Device at no charge, otherwise , School will pay BusWhere one hundred and fifty U.S. dollars ($150). BusWhere will make a reasonable effort to contact the Company Administrator prior to issuing such a charge. The foregoing fees will be subject to change upon ninety (90) days’ notice to School.
The following applies to Parents:
- Limit on Use –Parent agrees to access this site solely to track the position of the bus on which a child for which Parent is responsible regularly travels.
The following applies to Observers:
- Limit on Use –Observer agrees to access this site solely to track the position of the buses in connection with their professional or legal duties.
The following applies to all Users:
- Availability of Site –Access to this site may be suspended temporarily or permanently and without notice.
- Application to App –These Terms and Conditions will also apply to an “app” installed or access via a mobile device via which features of the Site may be accessed and used.
- No Warranty –User acknowledges that BusWhere provides this site “as is” and “as available” and without any warranty or condition, express or implied. In particular (but without limitation), BusWhere does not warrant that this site will operate without interruptions, be timely, secure or error-free. BusWhere does not warrant that the site or its contents are free from viruses or problems and BusWhere is not responsible for any harm caused to User or User’s property arising from User’s use of this site.
- Limit of Liability –User acknowledges that BusWhere’s absolute limit of liability in all cases and for any claim whatsoever based on or related to this site, will be, in the aggregate, one U.S. dollar. BusWhere will not be liable for any special, indirect or consequential loss suffered by User, even if informed of the possibility of such damages. BusWhere will not be liable to User for any loss of profits, loss of business, loss of data, loss of contracts, loss of savings, loss of use or any other economic loss. For avoidance of doubt, BusWhere will not be liable in any fashion for any accident or damage involving any bus regardless of theory. It is acknowledged that nothing about the Devices requires that they be looked at, used, held or manipulated in any fashion while the bus on which it is carried is being driven and User agrees that it will not do any of the foregoing and will establish rules or agreements barring the drivers of the bus from doing so as well.
- User Indemnification –User will fully indemnify BusWhere and its directors, officers, employees, agents and contractors and will keep BusWhere fully indemnified on a continuing basis against all loss, damage, claims, costs and expenses (including all legal expenses on a full indemnity basis) suffered by BusWhere arising out of, or in connection with, any breach of these Terms and Conditions by User, including a claim against BusWhere or its directors, officers, employees, agents or contractors in excess of the limit of liability hereunder. Without relieving Administrators, Schools will also be responsible for its Administrators under the foregoing.
- Right to Monitor Use –BusWhere will have the right to monitor User’s use of this site and reserves the right to suspend access if it has reasonable cause to suspect that a breach of these Terms and Conditions has taken, will take place, or if such use, as determined by BusWhere, unreasonably burdens the systems upon which this site relies.
- No Redistribution –User acknowledges and agrees that it will not redistribute the information from this site to any third party without the prior written consent of BusWhere, where such consent may be withheld in BusWhere’s discretion and/or made subject to terms and conditions comparable to those hereof, including the payment of a fee.
- Limit on Access and Use –User will not nor attempt to (a) alter, modify, improve, reverse engineer, disassemble or decompile the materials on this site; (b) interfere, in any manner, with this site; (c) sublicense or transfer any of their rights hereunder; (d) prepare or publish derivative works based on this site or information received via this site, or (e) develop or use any interface to access or use this site. User agrees to access this site only via direct use by a human being and not via an intermediary interface or program, e.g., “bot,” “web crawler” or the like.
- Rights to Technology Reserved –All rights to any proprietary technology and know-how of BusWhere relating to this site and otherwise (collectively, the “Technology”) are reserved exclusively to BusWhere and User acknowledges that it is not entitled to and will not seek to review, discover (including via discovery in the course of a dispute hereunder), or audit, the Technology directly or indirectly, including via a third party.
- Right to Change Site –BusWhere reserves the right in its absolute discretion to modify this Site at any time, including to add, remove or modify its capabilities.
- Choice of Law –These Terms and Conditions will be governed in all respects by the laws of the State of New York, without regard to the conflicts of laws rules thereof.
- Arbitration –In the event of a dispute or any claim in connection herewith or related hereto, where such dispute has not been settled within thirty (30) days after notice from either party to the other of the existence of the dispute, the parties agree that, at the request of either party, such dispute will be submitted for binding arbitration with the following conditions: (a) the proceeding will be held before a single arbitrator selected jointly by the parties or, where such agreement cannot be reached, by appointment of the Administrator of the American Arbitration Association or his or her designee; (b) except as modified by this provision, the Arbitration Rules of the American Arbitration Association will govern the arbitration; (c) the proceeding will be held in Washington, D.C.; (d) the arbitrator will decide the assignment of the costs of the arbitration based on allocation of fault; (e) the proceeding will be closed except to the parties, their attorneys, representatives, witnesses and experts, all of whom must agree or have a duty to maintain the confidentiality of the dispute and its result, except as needed to implement the ruling; and (f) the decision of the arbitrator will be enforceable in any court of competent jurisdiction.
- Titles –Titles and subheadings contained herein are inserted only as a matter of convenience and for reference. Such titles in no way define, limit, or describe the scope or extent of any provision of these Terms and Conditions.
- Copyright Notice –Unless otherwise stated, the copyright and any other rights in all material on this site are owned by BusWhere.
- Reservation of Rights –Any rights not expressly granted in these Terms and Conditions are reserved to BusWhere.
- Severability –If, for any reason, any portion of these Terms and Conditions will be determined by a competent authority, i.e., court or arbitrator, to be void or unenforceable, then (a) that portion will be of no effect, (b) the balance will remain in full force and effect, and (c) these Terms and Conditions will interpreted and performed as though the stricken portion were replaced with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
- Restrictions on Postings –User agrees to not post or attempt to post illegal, immoral, or defamatory statements in or on any part of this site, or post on or submit to this site any material that might cause BusWhere to violate any applicable law, statute, directive or regulation or that could, in BusWhere’s sole discretion, adversely affect the goodwill or reputation of BusWhere.
- Not Liable for Third Parties –BusWhere will not be responsible for the content of any site to which a hypertext link from this site exists. Such links are provided for User’s convenience on an “as is” basis with no warranty, express or implied, for the information provided within them. BusWhere is not and will not be liable for the good, services or conduct of third parties, including those whose sites may be accessed from links on this site and/or whose goods and/or services may be ordered via this site.
- Right to Change Terms and Conditions –BusWhere may change these Terms and Conditions at any time and that such change will be effective upon being posted here and may be made retroactive.
- Fundamental Terms –User acknowledges that the foregoing are fundamental terms hereof upon which BusWhere has relied in providing this site.
- Contact –Users may contact BusWhere at any time at firstname.lastname@example.org.