Wi-Fi Terms and Conditions

You warrant and represent that you have the legal authority to accept these Terms on behalf of yourself and all persons and legal entities that you represent, sufficient to cause all such persons and entities to be legally bound to these Terms. You also warrant and represent that you have the legal authority to accept these Terms on behalf of the owner of the device you are using to access the Service, in the event you are not the device owner. By clicking to accept the Terms or by accessing or using the Service, you signify your agreement, and the agreement of all persons or legal entities you represent including the owner of the device (if applicable), without limitation or qualification, to be bound by these Terms. You further warrant and promise that you have the legal capacity to enter into this agreement and these Terms or, if not, that your parent(s) or legal guardian(s) have consented to your use of this Service and accept these Terms on your behalf. If you do not agree with each provision of these Terms, or you are not authorized to agree to and accept these Terms, you may not use this Service.

You agree and understand that Flix and/or its external IT service providers may, but is not required to, proactively monitor content, communications, usage and activities undertaken using the Service. It is your responsibility to know and understand the risks of using public communication means, such as unsecured Wi-Fi, for transmission of any communications, content, materials and information.

Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.

When you access or use the Service, Flix and/or its external IT service providers may receive information that may identify you or the device you are using. That information may include the following:

• The MAC address of the access device used;
• The IP address of the access device used;
• A unique device identifier such as a name or number assigned to the device;
• The assigned connection number;
• The start and end of the respective connection (date and time) as well as the resulting duration of use;
• The volume of data transferred, including the average packet size;
• Technical characteristics of connection setup/termination;
• Name of the area assigned to the input access point used;
• Hardware type and manufacturer of the access device;
• The operating system used;
• The browser used; and
• Language and time zone of the browser used.

Flix and/or its external IT service providers will use this information to provide the Service, to troubleshoot or otherwise address issues related to the Service, to provide reasonable security and fraud protections as described in these Terms, general administrative and compliance purposes, and for additional business purposes that are related to and/or compatible with any of the foregoing purposes. Flix and/or its external IT service providers will share that information with others in the following circumstances:

• With service providers, who are only authorized to use information to perform services on our behalf or for limited administrative purposes, such as complying with legal requirements;
• When reasonably requested or required by law enforcement authorities or other government officials;
• When otherwise required by law or in response to legal process;
• When we believe disclosure is appropriate to prevent physical harm or financial loss;
• When reasonably necessary to investigate or otherwise respond to suspected or actual illegal activity or a violation of these Terms;
• As needed to protect the vital interests of an individual;
• In the event we sell or transfer all or a portion of our business or assets;
• With your consent; and
• When in a de-identified, anonymized, or aggregate form.

Flix takes reasonable steps to keep the Service free of security risks such as malware and spam, but cannot and does not warrant or represent that the Service is secure or free from security risks. We cannot and do not guarantee or represent that the Service, or the device you use to access the Service, can be kept free of security hazards and vulnerabilities. The security of the Service and your device is a shared responsibility of Flix, its external IT service providers, and all users of the Service, including you. As such, you agree to take appropriate steps to help protect yourself and your device, and to ensure the security of the Service for others, including but not limited to:

• Installing and using up-to-date malware and virus protection on the device you use to access or use the Service;
• Avoiding communications and websites that convey malware, such as phishing emails;
• Installing the most recent security patches made available by your device and/or operating system provider; and
• Notifying Flix immediately of any security issue you may detect with respect to the Service.

You are solely responsible for any loss, liability or damages resulting from your failure to adhere to the above-listed or other reasonable security precautions. You acknowledge that Flix makes no assurance or guaranty regarding the privacy or security of information, including about you or the device you use to access the Service, your use of the Service, or the content or communications you engage in, access, send, receive, or use while accessing the Service. We cannot and do not guaranty or represent that any such information will be or will remain private or secure, and you agree that Flix assumes only the limited responsibility described herein for your privacy or security, and that of the device you use to access the Service.

You agree and understand that Flix and/or its external IT service providers will receive certain information about you, your device, and your access or use of the Service. You agree and understand that Flix and/or its external IT service providers may, but is not required to, proactively monitor content, usage, communications and activities undertaken using the Service.

Flix provides the Service to you on a complimentary basis, subject to certain limits, including, but not limited to, certain availability and operational limitations of the requisite equipment and/or network availability. Temporary or permanent interruptions in the Service may occur, and Flix will not be responsible or liable for such interruptions or any loss of data or communications resulting from such interruptions. Flix assumes no obligation to provide the Service, or to provide the Service to any level or specification, such as speed, bandwidth, strength, and range.

Although Flix provides the Service on a complimentary basis and receives no payment associated with use by its users, your use of the Service may be subject to charges imposed by the carrier or other party that supports the computing device you use to access the Service. Such charges are a function of your service plan and outside Flix's control and do not affect the applicability or enforceability of these Terms.

Flix and/or its external IT service providers reserve the right to filter certain objectionable, harmful or illegal content, but cannot and does not guaranty that such filters will completely prevent all such content from being accessed by you or other devices accessing the Service.

You are fully responsible for the device you use to access the Service and all activity undertaken through that device while it is accessing or using the Service, whether or not those activities were caused or authorized by you.

You are authorized to use this Service solely while you are a bus passenger or employee and where you are authorized to access the Service, subject to these Terms. You are fully responsible for your activities while using this Service, including any content, information or other materials you access or transmit via this Service, and you bear all risks associated with use of this Service. You agree not to use this Service to engage in any prohibited conduct, or to assist any other person or entity in engaging in prohibited conduct, including conduct that:

• Is unlawful or barred by these Terms or other applicable contractual agreements;
• Is infringing, such as downloading copyright protected material, video, audio or other content without the owner's permission;
• Is tortious, meaning intentionally harmful to an individual or entity or that negligently or knowingly puts an individual or entity at risk of harm;
• Would reasonably harm or otherwise adversely impact the security of the Service or any user's device or information system;
• Invades the privacy of any individual;
• A reasonable individual would or should know would violate another party's intellectual property rights, privacy rights or other legal rights; or
• Interferes with the operation, use, or enjoyment of the Service, or any other services, systems, products, or property.

Examples of prohibited conduct include, but are not limited to, the following:

• Attempting to or actually damaging or interfering with the proper working of the Service;
• Intercepting, diverting, or otherwise interfering with any communications engaged in or accessed using the Service;
• Sending or causing to be sent "spam" or other unsolicited communications to any person or entity;
• Attempting to or actually committing any illegal act, including hacking, identity theft, fraud, etc.;
• Harassing or threatening any party or advocating or encouraging violence against any government, organization, group, individual or property;
• Disseminating a virus, Trojan horse, malicious code or similar program intended to damage, interfere with, intercept or expropriate any system, device, data or information;
• Sending, receiving, accessing or using any communication, content or other material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise harmful;
• Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of the Service or any other system, device or network or to breach security or authentication measures without proper authorization; and
• Forging any TCP/IP packet header or any part of the header information in any transmission.

Engaging in prohibited conduct or other improper use of the Service is strictly prohibited. Violations may result in civil or criminal liability. Flix reserves the right to investigate potential violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Without limiting any other available right or remedy, Flix reserves the right to, and you agree that Flix shall have the right, to (1) take such action as it deems, in its sole discretion, to be appropriate to protect against violations of these Terms or abuse of the Service and to otherwise protect its interest or the interests of others, including but not limited to removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, and suspending or terminating the Service; and (2) investigate immediately and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving the Service.

Flix and/or external IT service providers that assist it in delivering and making the Service available make no representation that the Service is appropriate or available for use outside North America. You are responsible for ensuring that your use of the Service complies with any applicable federal, state, provincial, and local laws, rules, and regulations.

Flix may, at any time and for whatever reason, change, terminate, limit or suspend the Service, in whole or in part, including your access to or use of the Service. In the event of termination, your rights to use the Service will immediately cease.

Flix cannot guaranty that information, communications, content, or other material accessed through or presented by use of the Service is accurate, complete, timely, or authentic, and does not assume any responsibility, liability or obligation for it. Flix is under no obligation to post, forward, transmit, distribute, complete or otherwise provide any information, communications, content or other material via the Service.

Services, materials, and content provided by third parties, such as other websites, communication services, information, applications or other networks, have not been independently authenticated or tested in whole or in part by Flix. Flix does not provide, sell, license, or lease any such materials other than those specifically identified by us as being provided by Flix. Flix does not maintain or control such services, materials, and content and is not responsible in any way for it. Flix provides the Service to you as a convenience, and your ability to use it to access any third party-provided services, materials, and content cannot be guaranteed. Availability of such services, materials, and content via the Service does not imply endorsement by Flix.

Intellectual property, including trademarks, logos, and service marks as may be displayed in connection with the Service or in any other manner are registered and unregistered trademarks of Flix, its affiliates, its licensors, and other third parties. All such trademarks, logos, and service marks are the property of Flix and/or their respective owners. Nothing displayed or accessed in connection with the Service shall be construed as granting by implication, estoppels, or otherwise, any license or right to use any trademark, logo, or service mark displayed in connection with the Service without the owner's prior written permission, except as otherwise described herein.

Flix respects the intellectual property rights of others and requires that you do the same as a condition of using the Service. You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes, but is not limited to, the use of any material or information including images, photographs, audio, or videos that are made available through this Service.

If you have concerns about possible infringement of intellectual property rights, please notify us in writing using the contact information provided at the end of these Terms.

If you believe that the Service is being used by any person in a manner that violates these Terms or the rights of others, or poses a viable security threat, you should report it to us immediately using the contact information provided at the end of these Terms.

YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO YOU, ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT FLIX DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; NON-INFRINGEMENT; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ACCESS TO OR USE OF THE SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF FLIX IS ON NOTICE OF SUCH PROBLEMS. YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR DEVICES, OR LOSS OF DATA, THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLIX OR ITS AFFILIATES SHALL CREATE ANY WARRANTY OF ANY KIND. FLIX DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING CONTENT, INFORMATION, MATERIALS, SERVICES OR OTHER NETWORKS ACCESSED VIA THE SERVICE IN TERMS OF COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, SAFETY, OR OTHERWISE.

BY PROVIDING THE SERVICE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICE WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SERVICE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

YOU ACKNOWLEDGE THAT ANY COMMUNICATIONS, CONTENT, MATERIALS, OR INFORMATION ACCESSED, SENT OR RECEIVED DURING USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE FULL RESPONSIBILITY FOR USE OF THE SERVICE AND THAT SUCH USE IS AT YOUR SOLE RISK AND DISCRETION.

WE CANNOT GUARANTEE THE SERVICE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE SERVICE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING OR USING THE SERVICE ARE UNAVOIDABLE AND WE DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FLIX OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, OR FOR ANY COMMUNICATIONS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, OR OTHER NETWORKS ACCESSED OR OBTAINED THROUGH THE SERVICE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF PRIVACY, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FLIX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, DATA THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FLIX AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONTENT, MATERIALS, INFORMATION, OR COMMUNICATIONS MADE AVAILABLE VIA THE SERVICE, OR CONDUCT OF ANY USER OF THIS SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FLIX IS TO IMMEDIATELY DISCONTINUE USE OF THE SERVICE.

IF, NOTWITHSTANDING THE FOREGOING, FLIX IS FOUND TO BE LIABLE FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE SERVICE OR THESE TERMS, FLIX'S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY SERVICE PROVIDERS, AND SUPPLIERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICE, OR ANY INFORMATION, CONTENT, MATERIALS, COMMUNICATIONS, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY U.S. DOLLARS ($50 USD).

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.

You agree to indemnify, defend, and hold harmless Flix and its affiliates, and their officers, directors, employees, agents, representatives, third-party service providers, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from your breach of any provision of these Terms or any warranty or promise you provide herein, or otherwise arising in any way out of your use or accessing of the Service. Flix reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with Flix in defense of such matter.

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled to an injunction restraining such breach or threatened breach and/or to an order from the court for specific performance of the provisions of these Terms, without being required to show any actual damage or to post an injunction bond. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Texas. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the "How to Contact Us" Section at the end of these Terms.

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that any dispute, claim, or cause of action ("Claim"), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be brought on an individual (non-class) basis. You may seek relief for a Claim within the scope of its jurisdiction so long as the action does not seek to certify a class or combine the claims of multiple persons.

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON.

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction of the state and federal courts of Texas, except where the jurisdiction is mandated by applicable law.

Entire Agreement. These Terms constitute the entire agreement between you and Flix regarding its subject matter, and it supersedes any prior or contemporaneous agreements, communications, promises and proposals, whether oral, written or electronic, between you and Flix regarding its subject matter, or with respect to the Service.

Severability. These Terms apply to the greatest extent allowed by applicable law. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Service as further described in our Privacy Policy.

No Waiver. No failure, omission or delay on our part in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.

Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

If you have any questions or comments about these Terms or the Service, please contact us in writing at: 

FlixBus, Inc.

P.O. Box 660362

Dallas, Texas 75266-0362

ATTN: Legal Dept.