2016-2017 Ticket License Agreement for Tailgate Transport
Please read these Terms and Use (the “Agreement”) thoroughly before using tailgatetransport.com (the “Site”) operated by Tailgate Transport, LLC (“Tailgate”). This Agreement sets forth the legally binding terms and conditions for your use of the Site.
By accessing or using the Site in any manner including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by the Agreement. Capitalized terms are defined in the Agreement.
Reservations, Transfers, and Refunds
Each ticket (“Ticket”) offered by Tailgate constitutes a license agreement between Tailgate and the Licensee for a revocable, non-refundable, one-time license for use of service. Upon Ticket purchase, the Licensee is subject to terms and conditions set forth below.
Upon agreement/purchase of a Ticket, the Licensee is entitled to a one-time service provided by Tailgate. Service constitutes a one-time, non-assigned seat reservation upon a charter bus provided by Tailgate during the agreed upon date and specified game/event.
Ticket purchases are to be made by individuals above the age of 21 years old. Nobody under the age of 21 will be allowed on any charter bus where alcohol is consumed by any Ticket holders.
All Tickets include round-trip transportation only. Admittance to the event to which the charter bus is traveling is not included with the purchase of the Ticket through Tailgate.
All Tickets must be purchased by means of a valid credit card or Pay Pal (refer to Pay Pal’s terms and conditions). No cash or checks are accepted.
Any Ticket purchased by a Licensee can be transferred to another individual for a nominal fee upon notifying Tailgate via email with the following parameters: (a) Order Number, (b) Name of transferee, (c) Email address & phone number of transferee, and (d) Explanation of Ticket transfer.
No transfer request is official until a transfer confirmation email has been sent back to the reservation holder. The deadline for transfer requests is 48 hours prior to the scheduled departure day for each respective trip. No transfer requests received after this date will be granted.
Tailgate reserves the right to take appropriate action against individuals who violate the Agreement including, without limitation, ejection and legal action.
All Ticket purchases by the Licensee are subject to revocation resulting from improper behavior that constitutes danger to other Ticket holders and any individuals using the services provided by Tailgate. Upon revocation, no refund will be applied to the original agreed upon Ticket price by Tailgate. Revocation of the Licensee’s Ticket is subject to the sole discretion of Tailgate.
Tailgate reserves the right to refuse transportation to a Ticket holder who is under the influence of drugs or excessive alcohol use, poses a threat or danger to other passengers, refuses to permit a search of his or her person or property for weapons, who fails to provide valid photo identification upon request, or who refuses to comply with any lawful rule or regulation. Such persons may be removed from the bus, along route, without any liability to Tailgate. No refunds will be issued to Ticket holders removed.
Pricing and Availability
Tickets made available by Tailgate are subject to pricing changes due to availability. Tailgate will provide updates on Ticket pricing as gameday/event dates near through various forms of communication including but not limited to: (a) Ticket purchasing from the Site, (b) social media platforms including: Facebook, Twitter, Instagram, and LinkedIn, and (c) email to subscribing/returning customers.
Each Ticket sale is final. Once a Licensee has completed a Ticket transaction, no pricing changes or supplemental fees will be bestowed upon the Licensee by Tailgate.
Disruptions to Service and Cancellations
Tailgate will not be held liable for delays and cancellations caused by breakdowns, accidents, inclement weather, road closures, an act of God, strikes, or any other hazards that may threaten the livelihood of any Ticket holder or Tailgate employee.
Tailgate reserves the right to transfer Ticket holders from one bus to another, en route.
Tailgate reserves the right to cancel an event due to low demand. In this case, Tailgate’s liability shall be limited to the cost of the purchased Ticket.
Should a scheduled gameday/event be cancelled by the holding institution, Tailgate’s liability shall be limited to the cost of the purchased Ticket.
Tailgate utilizes a third-party operator for transportation to and from events and reserves the right to change operators at any time.
A valid photo I.D. is required to board any buses operating on behalf of Tailgate.
Tailgate charter buses will depart at their regularly scheduled time. It is the Ticket holder’s responsibility to board the bus at a designated time. Under no circumstance will Tailgate be responsible or liable for any Ticket holder that does not board the bus before departure.
The Ticket holder understands and agrees that if parking at the point of departure is provided, it is provided for the convenience of the Ticket holder and agrees with Tailgate to assume all risk and danger incidental to its use of the parking so provided and indemnifies and holds Tailgate, its contractors, agents, officers, employees, and owners harmless for any loss or damage that may occur.
Neither Tailgate nor its employees shall be liable for injuries or loss of personal property during travel associated with services provided. Upon purchase of a Ticket, the Licensee understands that he/she holds sole responsibility and assumes all risks associated with travel to the agreed upon destinations. Each Licensee is to adhere to safety practices and warnings provided by the charter bus captain.
Placing, dropping, tossing or hurling any substance or object from a vehicle operated for Tailgate is a crime punishable by fine and/or imprisonment. Violators will be prosecuted to the fullest extent of the law and such conduct may lead to the revocation of the License and Ticket.
Any damage done to or clean-up fees for the vehicle or its contents by any Ticket holder is the financial responsibility of that Ticket holder and repair charges for damage will be assessed, billed to and paid by that Ticket holder. This includes, but is not limited to, those of biological nature.
No weapons, explosives, fireworks or combustible materials of any sort may be brought onto or stored on any charter bus operated for Tailgate and no artificial noisemakers, strollers, umbrellas, flags/banners on poles or other items deemed potentially disruptive may be brought into the passenger compartment of such charter bus. Tailgate reserves the right to inspect any bags, clothing or other articles prior to entry into the charter bus and prohibit entry or require removal of any items which Tailgate deems inappropriate or potentially injurious to the charter bus or to other Ticket holders.
General Liability insurance is covered for each charter bus provided by Tailgate. Insurance regarding personal injury coverage, personal property and travel is not provided by Tailgate.
The Site and its original content, features and functionality are owned by Tailgate and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links to Other Sites
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of NC, United States, without giving effect to any principles of conflicts of law.
Changes to This Agreement
Tailgate reserves the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
If you have any questions about this Agreement, please contact Tailgate at (firstname.lastname@example.org).