MYXPRESS WEB ACCESS AND MOBILE APPLICATION TERMS OF USE
This Agreement (the "Agreement") sets out the terms of use under which web access to the myXpressonline web-based browser tool ("Online") and/or the myXpress mobile application ("App") (collectively, "myXpress") is provided by the State Road and Tollway Authority ("SRTA") to users ("You" or "Your").
By accessing and/or browsing Online and/or downloading and/or using the App and/or clicking the "INSTALL" button on the App download page, You acknowledge that You have read, understood and agreed to be legally bound by the terms and conditions of this Agreement. Further, by clicking the "INSTALL" button and/or using myXpress, You represent that You are of legal age to agree and be bound by this Agreement. SRTA reserves the right at any time and in its sole discretion to modify change, modify, update, add, discontinue, remove, revise, delete or otherwise change any or all portions of myXpress and this Agreement at any time. Your use of myXpress constitutes acceptance of the Agreement.
IF YOU DISAGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, IMMEDIATELY DISCONTINUE USE OF MYXPRESS.
You acknowledge that:
1. ACCESS.
1.1. SRTA provides myXpress as a service to the public and our customers. You are not authorized to use myXpress for commercial purposes. You are authorized to use myXpress, subject to the terms and conditions of this Agreement.
1.2. Access to myXpress is completely at the discretion of SRTA
1.3. The information located on myXpress is provided for informational purposes only. SRTA is not responsible for the accuracy or completeness of the information provided by myXpress.
2. DISCLAIMER.
2.1. YOU ACKNOWLEDGE AND AGREE THAT MYXPRESS IS PROVIDED SOLELY AS A CONVENIENCE TO XPRESS CUSTOMERS AND MYXPRESS USERS, ON AN "AS IS" AND "AS AVAILABLE" BASIS.
2.2. YOUR USE OF MYXPRESS IS AT YOUR OWN RISK AND SRTA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT. UNDER NO CIRCUMSTANCES SHALL SRTA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY AMOUNT ARISING FROM YOUR ACCESS TO, OR USE OF, MYXPRESS.
2.3. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SRTA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; THAT ACCESS TO MYXPRESS WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ACCESS TO OR USE OF MYXPRESS OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT MYXPRESS WILL BE FREE FROM INTERFERENCE OF THIRD PARTIES, SAFE OR SECURE. YOUR CONTINUED USE OF AND ACCESS TO MYXPRESS IS AT YOUR SOLE RISK AND DISCRETION AND YOU AGREE TO ASSUME THE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PHONE, COMPUTER SYSTEMS OR OTHER DEVICES, OR FOR LOSS, DAMAGE, COST, EXPENSE OR LIABILITY RELATING TO, ARISING FROM, OR AS A RESULT OF YOUR USE OF MYXPRESS. SRTA MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING SAFETY, YOUR DATA WILL NOT BE ENCRYPTED AND NO DATA SECURITY IS PROVIDED.
2.4 We will always try to make myXpress available but we reserve the right to withdraw myXpress or a portion thereof if it has become unavailable, interrupted, or limited at any time and for any reason including, but not limited to, maintenance and repair work, equipment limitations/failures or due to an emergency.
2.5. Access to myXpress may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, disruption of access to other users or networks, and violation of applicable laws or regulations.
3. ACCEPTABLE USE OF SERVICE.
3.1. You agree that You are fully responsible for Your activities while using myXpress (including for any content, information and other materials You access or transmit via myXpress), and that You shall bear all risks regarding use of myXpress.
3.2. You agree that none of the information provided on myXpress may be copied, downloaded, reproduced, altered, distributed, republished, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying or recording.
3.3. You agree not to use myXpress to engage in any Prohibited Conduct or to assist any other person in engaging in such Prohibited Conduct. "Prohibited Conduct" includes, but is not limited to, any conduct that is unlawful, infringing (such as downloading copyright protected material, video, audio or otherwise without the owner's permission), tortious (conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk), or any other online conduct that a reasonable individual would or should know would violate another party's intellectual property rights, privacy rights or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property. You must not use myXpress to engage in any activity which constitutes or is capable of constituting a criminal offense in the United States. You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
4. CONSENT TO MONITORING.
SRTA reserves the right to monitor and collect information while You are connected to or using myXpress and that the collected information can be used at our discretion, including sharing the information with any law enforcement agencies
5. LOCATION DATA.
Location data is used to provide certain features Online and on the App (such as the trip planner). SRTA reserves the right to store and use information about Your location if You give us permission to do so ("Location Data"). We may use this data to provide certain features of myXpress in or to improve and customize the information provided. You can enable or disable the Location Data feature, at any time, using Your device settings.
6. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, EVEN IF SRTA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WILL SRTA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF MYXPRESS, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF WAGES OR INCOME, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE MYXPRESS, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH MYXPRESS.
7. INDEMNIFICATION.
You agree to indemnify and hold harmless SRTA, the State of Georgia and its departments, agencies, authorities and instrumentalities and all of their respective officers, members, employees and directors from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys' fees, arising out of or resulting from Your breach of any provision of this Agreement or otherwise arising in any way out of Your use of myXpress, including, but not limited to, using myXpress for Prohibited Conduct. This Section will not be construed to limit or exclude any other claims or remedies that SRTA may assert under this Agreement or by law.
8. MISCELLANEOUS.
This Agreement shall be governed by Georgia law without regard to its conflict of laws rules or any other rules directing referral to foreign law or forums. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Nothing in this Agreement shall be construed as conferring upon any person, other than the parties hereto, any rights or benefits under this Agreement. The captions in this Agreement are for convenience only and will not affect the interpretation of any terms of this Agreement. This Agreement contains the entire agreement between You and SRTA with respect to its subject matter and supersedes all other prior and contemporaneous contracts and understandings between the parties, whether oral or written.
