Website and Mobile App Terms of Use

Note: You are entering into a legally binding agreement.

Recitals

WHEREAS these Website and Mobile App Terms of Use (“Terms of Use”) govern any and all access and use of the website found at https://www.expresslanes.com or any pages thereof (the “Website”) and the associated mobile application (the “Mobile App”), both of which are operated by Transurban (USA) Operations Inc. ("Transurban").

Terms Generally

1.1 Transurban provides the Website and Mobile App as part of its overall service to you. Access to or use of any of the content, information, data, text, graphics, photographs and other materials ("Material") on either the Website or Mobile App constitutes acceptance of these Terms of Use. If you do not agree, you should not use either the Website or the Mobile App.

1.2  In addition to these Terms of Use, your use of certain services or Material provided by the Website or Mobile App is subject to the Express Lanes Terms and Conditions and Privacy Policy that may be found on the Website or Mobile App. You are also bound by the Express Lanes Terms and Conditions, and you should review them where they are provided on the Website or Mobile App. The Express Lanes Terms and Conditions’ provisions shall govern the event of any those provisions conflict or are inconsistent with the provisions of these Terms of Use.

1.3 These are the current Terms of Use and they replace any other terms of use for this website previously published on the Website or Mobile App. Transurban may at any time vary these Terms of Use by publishing the amended Terms of Use on the Website or Mobile App. You accept that such publishing of amended Terms of Use constitutes sufficient notice to you of the amendment. By continuing to access or use any services or Material on this website after any amendment, you confirm your agreement to these Terms of Use, as amended.

Links to Other Websites

2.1 The Website or Mobile App may contain links to other websites operated by third parties ("Third Party Websites"). Those Third Party Websites are not under the control of Transurban, and Transurban does not endorse and is not responsible for any material on, linked to or linked from, third party websites ("Third Party Material").

2.2  In particular, and to the extent permitted by law, Transurban makes no warranties or representations:

2.2.1  regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or

2.2.2  that Third Party Material does not infringe the intellectual property rights of any person.

Transurban does not authorize the reproduction of Third Party Material by linking Material on the Website or Mobile App to Third Party Material.

Software Downloads; Licenses; Use

3.1  Any software that is available to download through links from the Website or  Mobile App is Third Party Material unless otherwise indicated. To the extent permitted by law, Transurban accepts no liability in respect of such Third Party Material and Transurban provides no warranty and gives no endorsement in respect of such products or any party connected with them. If you have any feedback or suggestions concerning any such software or Third Party Material related issues, please contact us.

3.2   Your use of any Third Party Material or software may be subject to a license agreement between you and the software owner, Transurban makes no representation or warranty, provides no endorsement, and assumes no liability regarding any Third Party Material’s license agreement.

3.3  Transurban hereby grants you a free of charge, non-exclusive, time-limited, non-transferrable, non-sub-licensable, revocable license to use the software, services and Material contained within the Website and Mobile App for non-commercial purposes, subject to these Terms of Use.

3.4   You may use the services and Material contained within the Website and Mobile App for private personal purposes.  You may not use the services or Material commercially.  For example, you may not: (i) offer to third parties a service of your own that uses the services or Material contained within the Website or Mobile App, or the Website or Mobile App themselves; (ii) resell the services or Material contained within the Website or Mobile App; (iii) offer to rent or lease the services or Material contained within the Website or Mobile App; or (iv) offer the services or Material contained within the Website or Mobile App to the public via communication or integrate it within a service, website, or mobile app of your own, without the prior written consent of Transurban.  For the avoidance of doubt, the examples listed are made for illustrative purposes, and do not constitute an exhaustive list of restricted activities involving the services and Material contained within the Website and Mobile App.

3.5   You may not copy, print or otherwise use data or Material from the Website or Mobile App.  This clause does not limit the use of the Website or Mobile App as Transurban intends for its customers to use in an ordinary good faith private and personal manner.

3.6   When using the Website or Mobile App, you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing.  You agree that you will not use any robot, spider, scraper or other automated means to access the Website or Mobile App for any purpose without the express prior written permission of Transurban. 

3.7   The software, services and Material contained within the Website or Mobile App may not be used in any way that is not expressly permitted by these Terms of Use.

Trademarks; Copyright; Linking to This Website or Mobile App

4.1  "Transurban" is a registered trademark of Transurban Limited] and, in the case of "E-ZPass®" and "E-ZPass® FlexSM", are registered or pending trademarks of The Port Authority of New York and New Jersey. Copyright in the Material on this website is owned or licensed by Transurban Limited.

4.2 Except where necessary for viewing the material on the Website or Mobile App on your browser or mobile device, or as permitted under copyright and trademark law, or other applicable laws or these Terms of Use, no part of the Material on the Website or Mobile App may be uploaded to a third party, linked to, framed, reproduced, adapted, performed in public, distributed or transmitted in any form by any process without the specific prior written consent of Transurban. Please contact us if you would like to place a link to any part of the Website or Mobile App.

Warranties

5.1  Transurban is not responsible for any error or omission on the Website or Mobile App and reserves the right to make changes without notice to you. Transurban does not guarantee that the Website, Mobile App or Third Party Websites will be free from viruses, or that access to the Website, Mobile App or Third Party Websites will be uninterrupted. FOR THE AVOIDANCE OF DOUBT,TO THE EXTENT ALLOWED UNDER LAW, TRANSURBAN (AND THOSE THAT TRANSURBAN WORKS WITH TO PROVIDE SERVICES AND OPERATE THE WEBSITE AND MOBILE APP)(A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTE THAT THE SERVICES OR MATERIAL ON THE WEBSITE OR MOBILE APP WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES AND MATERIAL ON THE WEBSITE AND MOBILE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Safe and Cautious Driving

6.1   NEVER USE THE WEBSITE OR MOBILE APP WHILE DRIVING.  Always drive vigilantly according to road conditions and in accordance with traffic laws.  Stop at a rest area or hand the mobile device used to access the Website or Mobile App to a passenger.  Transurban and its affiliates assume no liability for damage and/or injury caused by the use or misuse of mobile devices, mobile application, the Website or the Mobile App while driving a motor vehicle.  You assume all liability that may arise from the use or misuse of the Website or Mobile App while driving.  You waive all rights, claims and/or actions against Transurban and its affiliates that may arise as a result of your use or misuse of a mobile device, the Website and/or the Mobile Application while driving.  

Liability; Compliance with Laws

7.1  To the maximum extent permitted by law, and except to the extent expressly specified or referenced in these Terms of Use, Transurban is not liable (whether in contract, tort, under statute or otherwise) for any loss, damage, or expense (including without limitation special, indirect or consequential loss, loss of profit or revenue, loss of use, loss of business opportunities, legal costs and defense or settlement costs) that you or any other person incurs arising directly or indirectly out of or referable to Material on the Website or Mobile App  or to Third Party Material.

7.2 Liability of Transurban and its affiliates for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent the law allows.

7.3 You agree to comply with all laws in relation to your access or use of Material on the Website or Mobile App, including laws of the country in which you reside or from which you access the Website or Mobile App.

Cancellation

8.1 The agreement set out in these Terms of Use and your access to the Website or Mobile App may be cancelled at any time by Transurban without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Transurban will continue after cancellation.

Miscellaneous

9.1 Any provision of these Terms of Use interpreted to the extent necessary to prevent that provision or these Terms of Use being invalid, voidable or unenforceable in the circumstances. Despite that interpretation, if a provision of these Terms of Use is still invalid, voidable or unenforceable, and if the provision would not be invalid or voidable if a word or words were removed, then that word or those words will be deleted, and the rest of these Terms of Use will continue to be fully enforceable.  Notwithstanding the foregoing, in the event any provision of these Terms of Use is determined to be invalid or unenforceable by a court of law having jurisdiction over these Terms of Use, the remainder of these Terms of Use shall remain in full force in effect.

9.2 A right of Transurban under these Terms of Use may only be waived in writing signed by Transurban.

9.3 You represent and warrant to Transurban that you are at least 18 years of age and otherwise have the power, authority and capacity to agree to these Terms of Use with Transurban.

9.4 You agree that the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms of Use.  You agree that any and all disputes shall only be litigated in the federal or state courts of Fairfax County, Virginia, USA, and you agree to personal jurisdiction in those courts. 

9.5 Any rights not expressly granted in these Terms of Use are reserved by Transurban.