Welcome to Nyccharterbuscompany.com (the “Site”). The following terms and conditions (the “Terms”) govern your use of this Site, which is provided and owned by Shofur Technologies, LLC (“Shofur”, “we”, “us”, or “our”) to you (the “Customer”, “you”, “your”). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms as well as the Shofur Terms and Conditions, that you agree to them and intend to be legally bound by them. By accessing the Site you represent that you are 18 years of age or older.
If you do not agree to these Terms or the Shofur Terms and Conditions, or if you are under 18 years of age, you are not granted permission to access, view, or use this Site and must exit immediately.
We may change these Terms from time to time. Please review the Terms periodically. Your continued access to, and viewing and use of this Site and any content, materials or services accessible through it, after our posting or notification means you accept any and all modifications.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the content, materials, and services accessible on and through this Site (or any part thereof). We shall not be liable to you or other third party for any such modification, suspension or discontinuance of any of the foregoing, except as expressly provided herein.
These Terms are in addition to the Shofur Terms and Conditions, and any other agreements between you and Shofur, our affiliates, partners, subsidiaries, licensors, licensees, subsidiaries, licensors, third-party content or service providers, distributors, dealers, bus operating companies, and suppliers (“Suppliers”), including, but not limited to any agreements that govern your use of certain products, services, content, tools and information accessible through the Site, such as specific agreements with Shofur or third party bus companies.
This Site is solely a means through which the Customer can access Shofur’s various services, specifically bus rental, bus chartering, and bus transit services. Unless otherwise expressly agreed in writing, no fiduciary, quasi-fiduciary or other special relationship exists between you and Shofur and/or its Suppliers. We owe you a duty of ordinary care. Any internal policies or procedures that Shofur and its Suppliers may maintain in excess of reasonable commercial standards and general usage are solely for Shofur’s and its Suppliers’ own benefit and shall not impose a higher standard of care than otherwise would apply in their absence.
In connection with your access to and viewing of this Site, as well as accessing, using and purchasing our services, we may contract various portions of such services to various Suppliers and other third parties in our sole discretion (“Third Party Services”). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party or Supplier, and not Shofur, are responsible for the performance of the Third Party Services. In no event will Shofur be responsible for the performance of the Third Party Services other than as stated in the Shofur Terms and Conditions. Your acceptance to any agreement between you on the one hand, and either Shofur and/or its Suppliers on the other hand is binding. Various Third Party Services may subject you to differing terms and privacy policies that are different from those of Shofur. Shofur is not responsible for such provisions and expressly disclaims any and all liability for the same.
Your use of this Site, and the accessing and using any services offered by Shofur and its Suppliers through this Site, is entirely at your own risk. THE SITE AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOFUR AND ITS SUPPLIERS DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THIS SITE, THE MATERIALS ON THIS SITE, AND/OR THE SERVICES ACCESSIBLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. SHOFUR DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE OR AT THE CONFERENCES, REGARDLESS OF WHO ORIGINATES THAT CONTENT. SHOFUR AND ITS SUPPLIERS DO NOT WARRANT THAT THE PLATOFMRS ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THIS SITE, THE MATERIALS CONTAINED ON THIS SITE, THE TICKETS, THE CONFERENCES AND/OR THE SERVICES ACCESSED THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON ANY MATERIALS AND/OR SERVICES CONTAINED ON OR ACCESSED THROUGH THIS SITE AND AT THE CONFERENCES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOFUR AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SHOFUR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHOFUR AND YOU. SHOFUR AND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICES ON AND THROUGH THIS SITE WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SHOFUR’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $5,000.00.
Except as expressly set forth in these Terms, these Terms are a complete statement of the agreement between you and Shofur, and set forth the entire liability of Shofur and its Suppliers and your exclusive remedy with respect to your access and use of this Site and the Services. In the event of a conflict between these Terms and the Shofur Terms and Conditions, these Terms shall prevail.
If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Terms will be governed by Georgia law as applied to agreements entered into and to be performed entirely within Georgia, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that Shofur may have under trade secret, copyright, patent or other laws.
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE INSTRUCTIONS IN THE LAST PARAGRAPH OF THIS ARBITRATION CLAUSE.
By accepting this agreement, you also agree to accept the Shofur Privacy Agreement, which also governs this Site.