We reserve the right at any time to:
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:
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:
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 is strictly prohibited on the bus.
Persons age 17 and under may not travel unaccompanied. They must travel with another person who is at least 18 years old.
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.
Ballpark Bus and/or the bus service provider will monitor seating of passengers to ensure compliance with the following policies:
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:
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:
While using the Site, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations.
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.
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.
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.
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).
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.
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.
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.
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.
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.