PLEASE READ THESE TERMS OF SERVICE. THESE TERMS OF SERVICE, INCLUDING ANY AMENDMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH CoachRail, LLC PROVIDES YOU WITH VARIOUS SERVICES.
Last Updated: July 19, 2017
Effective Date: August 19, 2017
These terms of service ("Terms of Service") apply to the online reservation management, financial applications, mobile applications, services and products branded under CoachRail, LLC (“CoachRail,” “we,” “us,” or “our”) and other CoachRail branded or customized versions of our web site, online reservation management, financial applications, mobile applications, services and products, for example by subscription or by means of an CoachRail-branded web site (collectively referred to as the “Services”). The Services’ features and capabilities may vary depending on the version or level of the Services provided with these Terms of Service. As used in the Terms of Service, the terms “you”, “your” or “user” all refer to the person using the Services in any way.
These Terms of Service are a legal agreement between you and CoachRail. Use of any functionality of the CoachRail Services (whether paid or during a free trial period) constitutes acceptance of these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not use the Services, including the CoachRail web site, in any way.
The Services are not available to persons under the age of 18 or the age of legal majority in your jurisdiction, if different from 18, or to any users suspended or removed from accessing the Services by CoachRail for any reason. Additionally, you are prohibited from selling, trading, or otherwise transferring your CoachRail account to another party without our express written permission. If you do not qualify, you may not use the CoachRail Services.
These Terms of Service supplement all applicable agreements and terms and conditions between you and CoachRail.
CoachRail agrees to provide you with online access to your CoachRail account within three (3) business days of receipt of the CoachRail, LLC Credit Card Authorization Form and successful processing of the initial fee amount as listed on the Credit Card Authorization Form.
Subject to these terms and conditions of the Terms of Service, CoachRail or its subcontractors will provide the Services that allows you to manage your online reservations, financial applications, mobile applications, services and products, customer account and financial data on the Internet. In order to use the Services, you must at your own expense obtain access to the Internet, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem, smartphone or other access device.
In consideration of your use of the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form(s) (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that we have reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, CoachRail may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You will have sole responsibility for the accuracy and quality of all data you submit to CoachRail and for ensuring that your collection and use of your data complies with applicable laws, including those related to data privacy and transmission of personal data. You are solely responsible for any liability resulting from your handling of cardholder data. You agree that you will comply with PCI DSS anytime the Services are used to process credit cards.
By submitting information, data, text (including but not limited to names of files, databases, directories and groups of the same), software, music, sound, photographs, graphics, video, messages or other materials (“Content”) to CoachRail in connection with this Services, you warrant that: (i) you are the owner of such Content, or have been granted all the rights necessary from the owner of Content to submit such Content to CoachRail, and (ii) the use of Content by CoachRail and its members will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party.
By submitting any Content, you are granting CoachRail a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell your Content.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not CoachRail, are entirely responsible for all Content that you upload or otherwise transmit via the Services. CoachRail does not control the Content uploaded or otherwise transmitted by you or other customers via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s). You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data including any Content (“Electronic Communications”) entered through or under your access number(s), password(s) or account number(s). CoachRail will act as though any Electronic Communications it receives under your access number(s), password(s) or account numbers(s) will have been sent by you. You agree immediately to notify CoachRail if you become aware of any loss or theft or unauthorized use of any of your access number(s), password(s) and/or account number(s).
You agree to not use the Services to: (i) upload or otherwise transmit any Content or domain name that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, any CoachRail representative or host, or falsely state or otherwise misrepresent your affiliation with any person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; (v) upload or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload or otherwise transmit any Content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (vii) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas of the Services that may be designated for such purpose; (viii) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) interfere with or disrupt the Services or servers or networks connected to the Services; (x) violate any applicable law or regulation; (xi) incite or provide instructional information about illegal activities; or (xii) conduct raffles, contests, lotteries or sweepstakes, except in those areas of the Services that may be expressly designated for such purpose.
You acknowledge that CoachRail may establish from time to time general practices and limits concerning use of the Services, including without limitation, establishing the maximum amount of storage space you have on the Services at any time, as well as limiting the number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that CoachRail has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. As a condition of use for this Services, you agree that, in the event of an error with your Services, a Services technician shall be permitted to access your Content as necessary to resolve the problem. You acknowledge that CoachRail reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Data-Related Disputes. You are solely responsible for resolving disputes regarding ownership or access to Your Data, including those involving any current or former owners, co-owners, employees or contractors of your business. You acknowledge and agree that CoachRail has no obligation whatsoever to resolve or intervene in such disputes
Modifications to the Services. CoachRail reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) at reasonable notice to you. You agree that CoachRail shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. CoachRail may specify from time to time the version(s) of related products and/or additional services required in order to use the Services (e.g. supported browser versions).
CoachRail reserves the right to make changes to these Terms of Service and related policies and agreements at any time. You agree that CoachRail may modify the Terms of Service if necessary to comply with any other agreements that CoachRail is currently bound by or will be bound by in the future, and/or with applicable law, as well as to adjust to changing business circumstances. If CoachRail makes a material modification to these Terms of Service, it will notify you by the posting on the home page of its business management application the updated Terms of Service and you agree that such notification shall be sufficient notification of such changes. Should your continued use of any of the Services shall constitute your acceptance of the Terms of Service with the new modifications. If you do not agree to any of such changes, you may terminate the Terms of Service by immediately cease all access and use of the Services. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Terms of Service.
You agree to pay the then-current non-refundable fees associated with the level of Services you choose. Additional fees may apply for: (i) optional add-on features to the Services; (ii) in the event you elect to transfer from one level of the Services to another; or (iii) in the event you exceed your Service level allocations. See the pricing page for the current fees and Services levels. Unless otherwise expressly provided in a separate agreement with CoachRail, when you subscribe and provide payment information using the Card Services your Card Account will be debited and will automatically be debited monthly or annually depending upon the payment option you choose at the then-current rate to maintain the service unless you notify us by electronic mail to email@example.com to cancel the Services thirty (30) days prior to the beginning of the next renewal period. CoachRail reserves the right to modify its fees with or without notice.
If you believe a payment has been processed in error, you must provide written notice to CoachRail within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by CoachRail within such thirty (30) day period, the payment will be deemed final.
Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases and transactions under this Agreement. If CoachRail is legally required to pay or collect any Taxes on your behalf, CoachRail will invoice you and you will pay the invoiced amount. For clarity, CoachRail will be solely responsible for taxes assessed on CoachRail based on its income.
You acknowledge and agree that CoachRail may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Services, without prior notice, if you engage in any conduct that CoachRail believes, in its sole discretion: (i) violates any term or provision of the Terms of Service, (ii) violates the rights of CoachRail or third parties, (iii) or is otherwise inappropriate for continued access and use of the Services. CoachRail reserves the right to terminate inactive membership accounts. In addition, CoachRail reserves the right to terminate or suspend your account and terminate all or part of your access to the Services for any reason or no reason upon thirty (30) days prior notice to you. Unless otherwise expressly agreed in writing, you agree that upon termination, either by you or us, we may delete all Content and information related to your account and may bar your access to your account and the Services including, but not limited to, access to any of your Content entered into or used in connection with the Services. Further, you agree that CoachRail shall not be liable to you or any third-party for any termination of your access to the Services. You agree to defend, indemnify and hold CoachRail harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of the Terms of Service, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of Services.
The Services may provide links to other Internet sites or resources. You acknowledge and agree that CoachRail is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CoachRail shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
When you use the CoachRail Services or send emails to CoachRail, you are communicating with CoachRail electronically. You consent to receive communications from CoachRail electronically. CoachRail will communicate with you by email or by posting notices on the CoachRail web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing
You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The trademarks, logos and service marks (“Marks”) displayed through the Services are the property of CoachRail and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of CoachRail or such third party which may own the Marks. All information and Content available on or through the Services, including, without limitation, any CoachRail software programs and/or CoachRail Content is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and is the property of CoachRail. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the CoachRail Content or other intellectual property. Unless otherwise expressly agree to by CoachRail in writing, you are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any CoachRail services, products and Content available on or through the Services for commercial or public purposes.
You hereby grant to CoachRail and its affiliates a worldwide, perpetual, irrevocable, transferable, sub licensable, royalty-free license to modify, copy, distribute and incorporate into the Services (without attribution of any kind) any suggestions, enhancement request, recommendations, proposals, correction or other feedback or information provided by you relating to the Services or CoachRail’s business.
CoachRail respects the intellectual property of others, and we ask our users to do the same. CoachRail may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact CoachRail’s Copyright Agent for the information it will require. CoachRail’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: by mail addressed to CoachRail, Copyright Agent, 1212 Corporate Drive, Suite 380, Irving, Texas 75038. CoachRail may update this mailing address from time to time.
You agree not to copy, sell, resell, rent or sublicense (including offering the Services to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Services, use of the Services, or access to the Services. You agree not to access the Services by any means other than through the interface that is provided by CoachRail for use in accessing the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COACHRAIL AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COACHRAIL AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICES (i) WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) WILL PROVIDE THE RESULTS THAT OBTAINED FROM THE USE OF THE SERVICES TO BE ACCURATE OR RELIABLE, AND (iv) WILL PROVIDE THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES TO MEET YOUR EXPECTATIONS. COACHRAIL AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. COACHRAIL EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICES, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
ANY CONTENT OR MATERIAL TRANSFERRED FROM, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR ADD-ON FEATURES THROUGH THE SERVICES ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AND/OR CONTENT THAT RESULTS FROM THE TRANSFER OR DOWNLOAD OF ANY SUCH MATERIAL.
COACHRAIL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY COACHRAIL. THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COACHRAIL OR THROUGH OR FROM THE SERVICES OR ADD-ON FEATURES THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (i) YOU EXPRESSLY UNDERSTAND AND AGREE THAT COACHRAIL AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF COACHRAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES, CONTENT AND/OR ANY INFORMATION; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES, (ii) YOU ALSO AGREE THAT COACHRAIL WILL NOT BE LIABLE FOR ANY (a) INTERRUPTION OF BUSINESS, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THE SERVICES; (c) CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) EVENTS BEYOND COACHRAIL’ S REASONABLE CONTROL; (iii) IN NO EVENT SHALL COACHRAIL’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO COACHRAIL FOR THE SERVICES, BUT IN NO EVENT GREATER THAN THREE HUNDRED DOLLARS ($300.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND COACHRAIL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and CoachRail agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Unless otherwise expressly agreed in writing, the Terms of Service constitutes the entire agreement between you and CoachRail and governs your use of the Services, superseding any prior agreements between you and CoachRail (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other CoachRail services, third-party content or third-party software. These Terms of Service and your relationship with CoachRail shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions. You and CoachRail agree to submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas to resolve any legal matter arising from these Terms of Service. Notwithstanding this, You agree that CoachRail shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The prevailing party in any such litigation shall be awarded reasonable attorney’s fees and other costs. The failure of CoachRail to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You agree that any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of CoachRail and its successors and assigns. You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
All representations, warranties, Sections 12, 18, 19, 20, 21 and 22 in the Terms of Service shall survive the termination or expiration of the Terms of Service.
You may contact CoachRail at the following number: 1(800)733-4377