Terms of Service

PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE OR MAKING A PURCHASE. Ballpark Bus provides this web site and all site-related services (collectively, the “Site”) subject to your compliance with the Terms of Service. These Terms of Service and the Ballparkbus.com Privacy Policy, govern the relationship between Ballpark Bus and you. It is important that you read carefully and understand the Terms of Service. By using the Site and/or purchasing seats, you agree to be bound by the Terms of Service. If you do not agree to the Terms of Service, do not use the service or the Site.

We reserve the right at any time to:

  • Change the Terms of Service;
  • Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
  • Change any fees or charges for use of the Site.

Any changes we make will be effective immediately and automatically without further or special notice. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Terms of Service.

Your purchase is for you and/or any other individual or individuals for whom you purchase seats to ride the bus to and from your designated game only, and does not grant you entrance into the stadium. Ballpark Bus is not liable for delays caused by traffic, accidents, breakdowns, road conditions, weather and/or conditions beyond its control, and does not guarantee that any bus will arrive at or depart from any point at a specific time. Ballpark Bus is not responsible for and shall not issue any compensation to passengers who fail to board the bus prior to designated departure times to and from the stadium. Ballpark Bus and the independently contracted bus provider reserve the right, when operating conditions require, to transfer passengers from one vehicle to another en route. Ballpark Bus shall not issue any compensation for passengers removed en route. Ballpark Bus is not responsible for passenger behavior that is deemed illegal.

Passenger Conduct or Condition
Passengers (hereafter referred to as “customer”, “customers”, “passenger”, and/or “passengers”) are responsible for their own conduct.

Ballpark Bus will not refuse to provide transportation based upon race, color, national origin, religion, sex, or ancestry. Subject to those qualifications, Ballpark Bus or the bus service provider may refuse to transport any passenger, or may remove any passenger from the bus at any point along a route, when refusal to transport or removal of the passenger is reasonably necessary in Ballpark Bus’ or the bus service provider’s sole and absolute discretion for the passenger’s comfort or safety, for the comfort or safety of other passengers or the bus driver, or for the prevention of damage to the property of the bus service provider or its passengers or employees. By way of example, and without limitation, Ballpark Bus or the bus service provider may refuse to transport or may remove passengers from the bus in any of the following situations:

  • When the passenger’s conduct is disorderly, abusive or violent;
  • When the passenger is barefoot;
  • When the passenger appears to be intoxicated or under the influence of drugs;
  • When the passenger attempts to interfere with the bus driver in the pursuit of his or her duties, or fails to obey the instruction of the bus driver;
  • When the passenger has a contagious disease that may be transmissible to other passengers during the normal course of the trip;
  • When the passenger has a malodorous condition;
  • When the passenger is unable to sit in a seat with the seatbelt fastened;
  • When the passenger requires an onboard stretcher kit;
  • When the passenger’s behavior may be hazardous to himself/herself, the bus driver, or other passengers;
  • When the passenger is seriously ill;
  • When the passenger’s conduct creates an unreasonable risk of offense or annoyance to other passengers;
  • When a passenger smokes on the bus;
  • When the passenger’s conduct creates a risk of harm or damage to the bus and/or property, or the property of other passengers;
  • When the passenger refuses to comply with any lawful rule or regulation.

Accompanying Attendant Required for Certain Passengers
Ballpark Bus may require that an attendant accompany a passenger with a disability as a condition of providing transportation if Ballpark Bus determines that such an attendant is essential for safety in the following circumstances:

  • When the passenger because of a mental disability is unable to comprehend or respond to safety related instructions;
  • When the passenger has both a severe hearing and vision impairment and is unable to establish a means of communication sufficient to receive instructions from the bus driver;
  • When the passenger has a mobility impairment so severe as to be unable to assist in his/her own evacuation.

Personal Belongings
Ballpark Bus is not responsible or liable for any lost, forgotten or stolen items. Passenger baggage and property during a trip shall be handled at Passenger’s own risk.

Possession of firearms, weapons, explosives and/or fireworks (whether in baggage or on a person) is strictly prohibited on the bus.

Damage to the Bus
Ballpark Bus is not liable for any damage caused to the bus by a Passenger. Passengers who get sick on the bus or otherwise cause damage requiring cleaning more than the normal amount of time and material required to clean the bus will be charged a $200.00 cleaning fee. Such Passenger will be liable, and subsequently charged, for any damage to the bus caused by the Passenger. Passenger agrees to pay all of Ballpark Bus’ costs of collection (including actual attorney’s fees incurred) related to any breach of these Terms of Service, including without limitation damages caused by Passenger.

Smoking
Smoking is strictly prohibited on the bus.

Unaccompanied Minors
Persons age 17 and under may not travel unaccompanied. They must travel with another person who is at least 18 years old.

Parental Advisory
Parents are welcome to bring their children on board, but are advised that most of our passengers are adults. Ballpark Bus is not responsible for the language, actions, or behavior of our passengers that may be considered offensive or deemed illegal.

Seating
Ballpark Bus and/or the bus service provider will monitor seating of passengers to ensure compliance with the following policies:

  • Each passenger purchasing a seat will be entitled to a seat to the extent seats are available.
  • Passengers are entitled to one seat, to ensure other paying passengers are not excluded.
  • Unless specific seats are assigned, seating is on a first come - first served basis.
  • Seating arrangements will be made without regard to race, color, gender, creed or national origin.
  • Ballpark Bus reserves the right, whenever operating conditions require, to transfer passengers from one bus to another en route.

Force Majeure Event
Ballpark Bus may, in the event of a force majeure event, without notice, cancel, terminate, divert, postpone or delay any bus without liability except to issue a refund and/or a credit for a future trip.

Force Majeure Event means:

  • Any condition beyond Ballpark Bus’ control including, but without limitation, meteorological conditions, acts of nature, riots, civil commotion, embargos, wars, hostilities, or disturbances - actual, threatened, or reported.
  • Any strike, work stoppage, slowdown, lockout or any other labor related dispute involving the independently contracted bus provider, or
  • Any government regulation, demand or requirement, or
  • Any fact not reasonably foreseen, anticipated or predicted by Ballpark Bus, including but not limited to poor weather forecasts.

Materials, Ownership and Restrictions on Use
The Site is owned and operated by Ballpark Bus in conjunction with others pursuant to contractual arrangements, and any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the “Materials”), and any intellectual property and other rights relating thereto, are and will remain the property of Ballpark Bus and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Materials are intended to educate and inform you about Ballpark Bus and Ballpark Bus related services. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of the Terms of Service. Notwithstanding the foregoing, you may not copy, reproduce, republish, upload, post, transmit or distribute the Materials, Software, or other content or information available on or through the Site in any way without our prior written permission. Further, the Materials remain the property of Ballpark Bus or its licensors or suppliers. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions.

You may execute a single copy of any software available for downloading on the Site (“Software”). If you download Software from the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Ballpark Bus, Ballpark Bus’ licensors and suppliers, and others. The Trademarks owned by Ballpark Bus, whether registered or unregistered, may not be used in connection with any product or service that is not Ballpark Bus’, in any manner that is likely to cause confusion with customers, or in any manner that disparages Ballpark Bus. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Ballpark Bus, Ballpark Bus’ licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Ballpark Bus will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

Web Code of Conduct
While using the Site, Materials and/or Software, you agree not to:

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Use the Site, Materials or Software for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content or information that, in our sole judgment, is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, Materials or Software;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site, Materials or Software;
  • “Frame” or “mirror” any part of the Site without our prior written authorization;
  • Link to any page of or content on the Site other than the URL located at http://www.ballparkbus.com/;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
  • Harvest or collect information about Site visitors or members without their express consent.

While using the Site, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations.

Linking
You are granted a limited, non-exclusive right to create a hyperlink to the URL located at Ballparkbus.com provided such link does not portray Ballpark Bus or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, in Ballpark Bus' sole judgment. You may not use a Ballpark Bus logo or other proprietary graphic or trademark of Ballpark Bus to link to this Site without the express written permission of Ballpark Bus. This limited right may be revoked at any time.

Ballpark Bus makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Ballpark Bus and Ballpark Bus is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Ballpark Bus is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Ballpark Bus of the site or any information contained therein. When leaving the Site, you should be aware that Ballpark Bus' terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Please also be sure to read the posted Privacy Policy.

Making Purchases
If you wish to purchase products or services described on the Site, you will be asked by Ballpark Bus or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by Ballpark Bus in the manner described in our Privacy Policy. You agree that all information that you provide to Ballpark Bus or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Descriptions or images of, or references to, products or services on the Site do not imply Ballpark Bus’ endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Ballpark Bus’ acceptance of any order. Price and availability of any product or service are subject to change without notice. Current rates for any product or service available through the Site are displayed on the Site.

Termination
We reserve the right to immediately terminate your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of these Terms of Service or otherwise.

Disclaimers
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BALLPARK BUS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BALLPARK BUS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF BALLPARK BUS OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site or Materials could include inaccuracies or errors, or information or materials that violate these Site Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Materials. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us by clicking on the link marked “Contact Us” displayed on the Ballparkbus.com home page or send an email to info@ballparkbus.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

Limitation of Liability
The time schedules, routing, and equipment are provided by independent contractors of Ballpark Bus and, services and information and accordingly are not guaranteed and are provided "as is" without any warranties of any kind, either express or implied, and Ballpark Bus disclaims all warranties, express or implied.

Ballpark Bus reserves the right to change its policies without notice.

Ballpark Bus further specifically disclaims liability for any inconvenience, expense, or damages, incidental, consequential, punitive, lost profits, loss business or otherwise, resulting from errors in its timetable, shortages of equipment, or due to delayed buses. Ballpark Bus disclaims any liability for the products and/or services of Ballpark Bus’ advertisers, business partners, sponsors, suppliers, licensors and agents to the extent permissible under the law. Ballpark Bus also disclaims the actions, conduct, and driving by the bus driver and any accidents that may occur. Passenger agrees it will have no cause of action against Ballpark Bus related to any liability Ballpark Bus disclaims.

NEITHER BALLPARK BUS NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, SOFTWARE OR LINKED SITE, AS APPLICABLE. BALLPARK BUS' MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification
You agree to indemnify, defend and hold Ballpark Bus, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, contractors, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including actual attorneys’ fees incurred) and other expenses that arise directly or indirectly out of or from (a) your breach of the Terms of Service, including any violation of the Code of Conduct, above; (b) any allegation that any submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

Applicable Law and Jurisdiction
The Terms of Service is governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, without regards to its principles of conflicts of law. The Site is controlled and offered by Ballpark Bus from its facilities in the United States of America. Ballpark Bus makes no representations that the Site is appropriate or lawfully available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. 

Miscellaneous
If any provision of the Terms of Service is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions. The Terms of Service, including the Privacy Policy, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms of Service are not assignable, transferable or sublicenseable by you except with Ballpark Bus’ prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the Terms of Service is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Dispute Resolution
In the event that the parties are unable to resolve a dispute, the matter shall be submitted for mediation as a condition precedent to any litigation or arbitration. In the event of a dispute between the parties that cannot be reconciled through mediation, the parties agree not to resort to litigation in court, but in lieu thereof agree to submit the dispute to binding arbitration under the rules of the American Arbitration Association.

Binding Effect
The Terms of Service shall be binding upon and inure to the benefits of the parties hereto and their respective permitted assigns, successors, parents, subsidiaries, members, agents, insurers, and employees.

Severability
In case any provision hereof shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and the Terms of Service shall be construed as if such invalid or unenforceable provision had not been included herein.

Governing Law
All travel on, and transactions with, Ballpark Bus is governed by the laws of the Commonwealth of Virginia, United States of America, without regards to its principles of conflicts of law.