Introduction

 

 

Welcome to the online portal of Brightline Trains Florida LLC (“Brightline,” “we,” “our,” or “us”). These Account Holder Terms of Use (“Terms”) govern your access to and use, via your account, of all websites, mobile applications, digital platforms, and online services operated or controlled by Brightline (collectively, the “Services”).

These Terms solely govern your registration for, access to, and use of your Brightline account. Additional terms apply to other Brightline programs and services, including but not limited to:

• Brightline Rewards, which is governed by its own separate program terms; and
• Brightline train transportation services, which are governed exclusively by Brightline’s Terms of Service.

Please review all applicable terms, as they collectively define your rights and obligations when interacting with Brightline’s offerings.

 

By registering an account to access and use our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Website Terms of Use, as well as our Privacy Policy, which describes how we collect, use, and safeguard your information. If you do not agree to these Terms, you may not create an account or access or use the Services.

 

Brightline may update or modify these Terms from time to time to reflect changes in our business, technology, or legal requirements. Any changes will be effective upon posting, and your continued use of the Services constitutes acceptance of those changes. We encourage you to review these Terms regularly.

 

If you have any questions regarding these Terms or the Services, please contact us using the information provided in the “Contact Us” section below.

Minimum Age Requirement

 

To create or use a Brightline account, you must be at least 13 years old (or the age of legal majority in your jurisdiction of residence). By registering for or using a Brightline account, you represent and warrant that you meet this minimum age requirement. If you do not meet the minimum age requirement, you may not register for or use a Brightline account, though you may still access other Brightline services where permitted by applicable law and relevant terms.

Privacy

 

Brightline’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.  Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. We are committed to protecting your personal information and complying with all applicable data privacy laws. By visiting or interacting with our website, you acknowledge that certain information may be collected automatically through the use of cookies and similar technologies. These tools help us improve site functionality, analyze usage, and enhance your browsing experience.  For information on how we handle, use, and share information we collect from you or about you when you use the Site, please review our Online Privacy Policy.

Registration & Consent to Communications

 

You must provide accurate, current, and complete information when creating your Account and keep it updated. You may not impersonate another person or misrepresent your identity.  By creating an Account, you consent to receive service-related communications (e.g., verification messages, transactional notices, policy updates) via email, SMS, push notifications, and within-app messages. You may manage certain communication preferences in your Account settings. For marketing communications, you can opt out as described in those messages.

Login / Responsibility for Activity under your Account

 

If you use the Login feature of the Site, you are solely responsible for maintaining the confidentiality and security of your information, other related login or account information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Brightline is not responsible for any losses arising out of the unauthorized use of your account. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree that Brightline does not have any responsibility if you lose or share access to your device. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. In consideration of your use of the Site, you agree to provide true, accurate, current and complete account information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your login or account and refuse any and all current and future use of the Site to you. We reserve the right to refuse service and terminate logins or accounts.

Opting into Brightline Rewards

 

Creating an account with Brightline will give you the opportunity to opt in to the Brightline Rewards program.  This loyalty rewards program is completely optional and governed by an additional set of terms found here.

Deleting your Account

 

You may close your account via our website or mobile application or by contacting us at any time.

Account Termination / Suspension

 

We may suspend, restrict, or terminate your access to the Services, in whole or in part, at any time and for any reason, including if we believe that: (a) you have violated these Terms or any applicable law; (b) your use of the Services creates risk or potential legal exposure for us; (c) you engage in fraudulent, abusive, or harmful conduct; or (d) we discontinue or materially change the Services. We will make reasonable efforts to notify you of a termination or suspension when legally required or commercially practical.

 

We reserve the right to monitor use of the Services and to take appropriate technical or legal measures, including rate limiting, disabling features, blocking accounts or IP addresses, or restricting access to certain content—if we believe such actions are necessary to maintain the security, integrity, or proper functioning of the Services.

 

Upon termination or suspension of your access: a) your right to use the Services immediately ceases; b) we may deactivate or delete your account and associated data, except where we are legally required or permitted to retain it.  Sections of these Terms that by their nature should survive termination will remain in effect, including, without limitation, disclaimers, indemnities, limitations of liability, and governing law provisions.  To the maximum extent permitted by law, we will not be liable to you or any third party for any modification, suspension, or termination of the Services or your access to them.

Your Use of the Site

 

You may not use the Services in violation of any applicable law or regulation, infringe, misappropriate, or violate the rights of Brightline or any third party, upload malware or engage in activity that disrupts, damages, or interferes with the Services, attempt to gain unauthorized access to accounts, systems, or networks, use any automated means to access or scrape the Services without permission, engage in fraud, deception, or any other misleading activity, or use the Services for any purpose that is harmful or objectionable, as reasonably determined by Brightline.

 

You may not use any scraping or copying scripts or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.  Brightline reserves the right to ban any such activity and immediately suspend any account holder engaged in such behavior.

 

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Brightline server, or to any of the services offered on or through the Site, via hacking including brute force attacks, password "mining" or any other illegal or unauthorized means.

 

You may not probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Brightline, including any Brightline account not owned by you, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

Other Terms and Conditions

 

Additional terms and conditions may apply to purchases of services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

 

Brightline retains the right in its sole discretion to make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Brightline makes no commitment to update the materials on the Site with respect to such products and services.

 

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

• The Brightline Website Terms of Use
• The Brightline Rewards Policy
• The Brightline Privacy Policy
• The Brightline Terms of Service

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

 

Violation of these Terms of Use

 

Brightline may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Brightline’s rights or property, or the right of visitors to or users of the Site, including Brightline’s customers. Brightline reserves the right at all times to disclose any information that Brightline deems necessary to comply with any applicable law, regulation, legal process or governmental request. Brightline also may disclose your information when Brightline determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

You acknowledge and agree that Brightline may preserve any transmittal or communication by you with Brightline through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Brightline determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Brightline, its employees, users of or visitors to the Site, and the public.

 

You agree that Brightline may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Brightline, for which monetary damages would be inadequate, and you consent to Brightline obtaining any injunctive or equitable relief that Brightline deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies  Brightline may have at law or in equity.

 

You agree that Brightline may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

 

If Brightline does take any legal action against you as a result of your violation of these Terms of Use, Brightline will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Brightline. You agree that Brightline will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.

DISPUTE RESOLUTION BY BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER (“DISPUTE RESOLUTION”)

 

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BRIGHTLINE TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, IT LIMITS THE PARTIES’ RIGHTS TO SEEK RELIEF IN COURT, AND IT WAIVES THE RIGHT TO JURY TRIAL AND THE RIGHT TO JOIN WITH OTHERS IN A LAWSUIT.

 

This section sets out our agreement for resolving all disputes relating to your use of the Site, including but not limited to our collection, use, and sharing of data on and from the Site. Other than a claim filed in a court that is limited to adjudicating small claims, in the event of any dispute of any nature whatsoever relating to your use of our website, past, present or future, in law or in equity, including the determination of the scope, validity, or applicability of this agreement to arbitrate, you and Brightline agree and consent to binding arbitration at JAMS for all such disputes on an individual (not class) basis before a single arbitrator under the applicable JAMS Arbitration Rules and Procedures in effect at the time of the filing, rather than litigating the dispute in court. You may obtain a copy of the applicable JAMS rules at www.jamsadr.com. If JAMS is unavailable or unwilling to administer arbitration consistent with this section, another arbitration provider shall be selected by the parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, the parties may ask a court to appoint an arbitrator that will administer the proceeding consistent with this section.

 

You and Brightline also agree that: (a) by their dealings the parties’ conduct is in and affecting interstate commerce; and (b) the Federal Arbitration Act (FAA) applies and governs this agreement. To the extent state law is applicable under the FAA, the law of the state of Florida shall apply, without regard to its choice of law provisions. The arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this arbitration agreement.

 

If the arbitration takes place in-person, it shall be held in the City of Miami. If you commence an arbitration action against Brightline, you must provide notice to Brightline at:

 

Brightline Trains Florida LLC

350 NW 1^st Avenue, Suite 200

Miami, FL 33128

Attn: Chief Legal Officer

 

If Brightline commences an arbitration action against you it will send the notice to your last address of record with Brightline.

 

By agreeing to arbitration, the parties are giving up the right to a trial in court and the right to a jury, and there is more limited discovery than might otherwise be available in court.  In addition, you and Brightline agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims if the other party hereto is a party to the proceeding.

 

For purposes of this Dispute Resolution section, Brightline includes its/their past, present, and future officers, directors, employees, agents, representatives, contractors, parent, subsidiaries, affiliates, successors, and assigns. In addition, the following persons or entities are intended third-party beneficiaries of this dispute resolution section and may enforce the terms of this section as if they were direct parties: (a) contractors who provided website, internet, or any other marketing services to Brightline; (b) companies with which Brightline shares data regarding your use of Brightline’s websites, including by way of illustration and not limitation, website analytics companies.

Links to Third Party Websites

 

Occasionally, we may make available a link to a third party’s website. These links will let you leave the Site. The linked websites are not under our control, and we are not responsible for the contents of any linked website, or any link or information contained in a linked website, or any changes or updates to such websites. Accessing the third party websites may subject you to that third party’s privacy policy and data practices. We encourage you to review the applicable third party’s online terms and privacy policies and to make your own independent assessment. By clicking on a third‑party link, you acknowledge and agree that you are voluntarily accessing that third party’s website and do so solely at your own risk.

Intellectual Property

 

The Site, including all content, features, and functionality—comprising, without limitation, all information, software, text, graphics, images, audio, video, and the design, selection, and arrangement thereof—is and shall remain the exclusive property of Brightline or its licensors or other content providers. Such materials are protected by applicable United States and international laws governing copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights.  The content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the content or a Site, in whole or in part, by any means. Brightline is a trademark and the property of Brightline Trains Florida LLC. The appearance, layout, color scheme, and design of the GoBrightline.com site are protected trade dress. You do not receive any right or license to use the foregoing.

Disclaimer of Warranties

 

BRIGHTLINE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE IS PROVIDED BY BRIGHTLINE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BRIGHTLINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BRIGHTLINE MAKES NO REPRESENTATION AS TO ACCURACY OF THE PRICE, AVAILABILITY, AND FEATURES OF SERVICES LISTED ON THE SITE, WHICH ARE SUBJECT TO CHANGE.

 

To the fullest extent permitted by applicable law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any other site linked to it.

 

To the fullest extent permitted by applicable law, Brightline disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Brightline does not warrant that the Site, its servers or e-mail sent from Brightline are free of viruses or other harmful components. Brightline will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to indirect, incidental, punitive and consequential damages.

Limitation of Liability

 

Except where prohibited by law, in no event will Brightline be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Brightline has been advised of the possibility of such damages.  If, notwithstanding the other provisions of these Terms or any other applicable law, Brightline is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Brightline’s liability, except for gross negligence, fraud or willful misconduct, shall in no event exceed the maximum aggregate liability of US$250.00.  The forgoing limitation of liability is not meant to exclude any liability of Brightline other than in connection with these Terms.

 

The parties agree that the limitations of liability specified in this section are essential provisions of these terms, without which the Site would not be made available. The parties further agree that these essential provisions are a reasonable allocation of risk and apply regardless of the form of action, whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise, and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.

 

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. To the extent the above disclaimer of warranties and limitation of liability is restricted under law, the above limitation shall be applied to the maximum extent permitted under such law.

Governing Law

 

These Terms shall be governed by the laws of the State of Florida, without giving effect to the conflicts of law provisions.  To the extent that a dispute relating to your use of the Site, these Terms and any other terms posted by Brightline, or Brightline’s Privacy Statement, is not addressed or covered by the Dispute Resolution by Binding Individual Arbitration and Class Action Waiver, the parties agree that any such dispute shall be resolved in a court of competent jurisdiction in and for Miami-Dade County, Florida, and the parties submit to the personal jurisdiction and venue in such courts for such actions.