YOU AGREE THAT BY ACCESSING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name, or password at any time. You agree to notify All Aboard America immediately of any unauthorized use of your account, user name, or password. All Aboard America shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by All Aboard America, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
This Site and Applications are owned and operated by All Aboard America. All right, title, and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”) are owned either by All Aboard America or by our respective third-party developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by All Aboard America, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of All Aboard America’s intellectual property rights, whether by estoppel, implication, or otherwise. Contact us here if you have any questions about obtaining such licenses. All Aboard America does not sell, license, lease, or otherwise provide any of the Materials other than those specifically identified as being provided by All Aboard America. Any rights not expressly granted herein are reserved by All Aboard America.
- Limited Permission to Download.
You are specifically restricted from the following:
- Publishing any Site material in any other media;
- Selling, renting, sublicensing and/or otherwise commercializing any Site material;
- Publicly performing and/or showing any Site material;
- Using this Site in any way that is or may be damaging to this Site, or to any person or business entity;
- Editing or otherwise modifying any material on the Site;
- Using this Site in any way that impacts user access to this Site;
- Using this Site in any way that violates any law, statute, ordinance, or regulation;
- Engaging in any systematic or automated data collection activities (including without limitation scraping, data mining, data harvesting, data extracting), or any other similar activity in relation to this Site;
- Using this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
- Using this Site to engage in any advertising or marketing; or
- Links to Third Party Sites.
This Site and Applications may contain links to websites controlled by parties other than All Aboard America (each a “Third Party-Site”). All Aboard America works with a number of partners and affiliates whose sites are linked with All Aboard America. All Aboard America may also provide links to other citations or resources with whom it is not affiliated. All Aboard America is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party Site or any changes or updates to such sites. All Aboard America makes no guarantees about the content or quality of the products or services provided by such sites. All Aboard America is not responsible for webcasting or any other form of transmission received from any Third-Party Site. All Aboard America is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by All Aboard America of the Third-Party Site, nor does it imply that All Aboard America sponsors, is affiliated, or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that All Aboard America is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third-Party Site.
- DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us at firstname.lastname@example.org. In the unlikely event that All Aboard America is unable to resolve your complaint to your satisfaction (or if All Aboard America has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
You may speak with independent counsel before using this Site.
- All Aboard America and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to All Aboard America should be addressed to: Notice of Dispute, General Counsel, All Aboard America, 230 S Country Club Dr., Mesa, AZ 85210 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If All Aboard America and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or All Aboard America may commence an arbitration proceeding.
Unless All Aboard America and you otherwise agree in writing, any arbitration hearings will take place in the county (or parish) of All Aboard America’s main office. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.
The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which All Aboard America was a party.
(d) The parties agree that the party initiating the arbitration shall be responsible for paying the initial filing fee, except that, for any non-frivolous claim that does not exceed $75,000, All Aboard America will pay any portion of the filing fee in excess of the then-current cost of filing a Complaint in the state or federal court having jurisdiction of the claim(s) asserted in the arbitration. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse All Aboard America for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules. Each party shall bear its, his or her own attorneys’ fees, expert fees, and other expenses associated with the preparation for and presentation of that party’s case in the arbitration, except that following issuance of the arbitration award, the arbitrator shall have authority to award costs (including arbitration fees) and attorneys’ fees to the prevailing party to the same extent as would be permissible in a civil action in the state or federal court having jurisdiction of the claim(s) asserted in the arbitration.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses associated with the preparation for and presentation of that party’s case in the arbitration at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(e) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND ALL ABOARD AMERICA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and All Aboard America agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(g) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change.
- Additional Terms.
- Reviews, Comments, Communications, and Other Content.
Rights and Responsibilities of All Aboard America.
All Aboard America is not the publisher or author of the User Content. All Aboard America takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, All Aboard America takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us for help.
If All Aboard America’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, All Aboard America reserves the right to delete those files or to stop those processes. If the All Aboard America technical staff suspects a user name is being used by someone who is not authorized by the proper user, All Aboard America may temporarily disable that user’s access in order to preserve system security. In all such cases, All Aboard America will contact the member as soon as feasible.
All Aboard America has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of Site Users or Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any All Aboard America service that allows interaction or dissemination of information. In using this Site, you agree that you will not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
- that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
- that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
- that contains any computer virus, worms, or other potentially damaging computer programs or files;
By posting User Content, you grant All Aboard America a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of All Aboard America. All Aboard America permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.
By submitting your email address in connection with your rating and review, you agree that All Aboard America may use your email address to contact you about the status of your review and other administrative purposes.
- NO WARRANTY.
THE SITE, APPLICATIONS, AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ABOARD AMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. ALL ABOARD AMERICA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
- LIMITATION OF LIABILITY AND INDEMNIFICATION.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD ALL ABOARD AMERICA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF ALL ABOARD AMERICA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ALL ABOARD AMERICA, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Unsolicited Submissions.
Except as may be required in connection with your use of All Aboard America Services, All Aboard America does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to All Aboard America through or in association with this Site shall be considered non-confidential and All Aboard America’s property. By providing such submissions to All Aboard America you hereby assign to All Aboard America, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. All Aboard America shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality, and content.
- Compliance with Intellectual Property Laws.
Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your All Aboard America user account.
- Inappropriate Content.
- Personal Use.
The site is made available for your personal use on your own behalf.
Individuals below 18 years of age are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
- Non-English-Speaking Customers.
Certain materials on the All Aboard America site, including but not limited to applications, forms, documents, and instructions, are only available in English. In some instances, Non-English translations of these applications, forms, documents, and instructions are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
- Customers Needing Extra Assistance.
All Aboard America aims to provide full access to its website and service offerings regardless of disability. If you are unable to read any part of the All Aboard America website, or otherwise have difficulties using the All Aboard America website, please call (480) 962-6202and our customer care team will assist you.
BY USING ALL ABOARD AMERICA’S SERVICES OR ACCESSING THE ALL ABOARD AMERICA SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO ALL ABOARD AMERICA VIA THE ALL ABOARD AMERICA SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO ALL ABOARD AMERICA, AND THAT ALL ABOARD AMERICA MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, All Aboard America ALL RIGHTS RESERVED.
All Aboard America, https://www.allaboardamerica.com/, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of All Aboard America. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- Right to Refuse.
You acknowledge that All Aboard America reserves the right to refuse service to anyone and to cancel user access at any time.
- Exclusion of Third-Party Rights.
- Governing Law; Venue.
- Entire Agreement.
- Company Contact Information.
The full name of our company is All Aboard America.
We are registered in Maricopa County, Arizona under registration number 07461213.
Our registered address is 230 S Country Club Dr., Mesa, AZ 85210.
You can contact us by email at email@example.com.
Updated:February 27, 2023.