WEBSITE TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, REQUIRING INDIVIDUAL BINDING ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND BRIGHTLINE TRAINS FLORIDA, LLC, AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

Welcome and thank you for using this online services platform, provided by Brightline Trains Florida LLC (collectively, “Brightline,” “us,” or “we”), or its affiliates that provide access or links to these Website Terms and Conditions (“Terms’). By visiting, using, registering with, or purchasing tickets at https://www.gobrightline.com/ (the “Site”), you accept these Terms, including the arbitration provision and class action waiver herein.  Please read them carefully.

 

By using the Site, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not meet these requirements, you should stop using the Site.  If you do not agree to these Terms, then you should not use the Site. If at any time you do not accept all of these Terms, you should immediately stop using the Site.

 

Brightline reserves the right, at its sole discretion, to change, modify, add or remove portions of these Website Terms of Use, at any time. It is your responsibility to check these Website Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Website Terms of Use, Brightline grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

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.

Electronic Communications

 

When you visit the Site or send emails to us, you are communicating with us electronically and are consenting to receive communications from us electronically about a service or response to a question or comment, or because you have chosen to receive promotional or legal emails.  We will communicate with you by email or by posting notices on the Site.  You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Other Applicable Terms and Conditions

 

Additional terms and conditions may apply to purchases of services and/ or to specific portions or features of the Site, including contests, promotions or other 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’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

 

Brightline may 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 Account Terms of Use
• TheBrightline 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.

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, by hacking, 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.

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 rights 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 Miami-Dade County, Florida. 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.

Severability and Survival

 

Except as otherwise provided herein, if any section or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that section or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining sections or provisions.

 

In addition to such other sections or provisions hereof which, by applicable law or by their terms, survive any termination or expiration of these Terms, the following sections or provisions shall survive termination of these Terms: (a) Dispute Resolution by Binding Individual Arbitration and Class Action Waiver; (b) Disclaimer of Warranties and Limitation of Liability; and (c) Governing Law.

Modification of Terms and Site Changes

 

We reserve the right to make changes to our Site, policies, and these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

 

If Brightline amends the Dispute Resolution section of these Terms, those amendments will not apply to any dispute that Brightline had actual notice of on the date of the amendment. If Brightline terminates the agreement to arbitrate, the agreement to arbitrate will remain effective for disputes which arose prior to the date of termination.

 

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.