Welcome to the web site (the "Web Site") for Dulles Greenway violation enforcement online payment services (the "Services"). Toll Road Investors Partnership II, L.P. (“TRIP II”), the owner and operator of the Dulles Greenway, is willing to provide the Services to you only upon your agreement that your access and use of the Services will be subject to the following Terms of Services ("TOS"). These TOS are an agreement between TRIP II and users of the Services ("you"). These terms may be revised without notice and become effective upon posting on this site and your use of the Web Site. These terms were last revised on January 19, 2018.[1]
At the end of this agreement is the Consent Form for Consumers to Receive Electronic Disclosures.
Please read this entire document because it contains important information.
1. DEFINITIONS
The following defined terms are used in these Terms and Conditions:
“Bill Payment Service” means the online service for payment to TRIP II for invoiced toll violation charges and fees by use of your Payment Card, as more particularly described in these TOS below.
"Business Day" means Monday through Friday, excluding Federal Reserve holidays.
"Payment Card" means the credit card or debit card that you instruct us to charge to make your bill payment.
"Payment Instruction" means your instruction and authorization to TRIP II to make a bill payment to TRIP II.
2. DESCRIPTION OF SERVICES
A. GENERAL SITE USAGE
The Services provide users with access to various on-line resources, including applications that allow you to view your bill. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Services, shall be subject to these TOS. Your use of the Services constitutes your acceptance of these TOS. In consideration of such acceptance, TRIP II grants you a personal, nonexclusive, nontransferable, license to access and use the Services, subject to these TOS, solely for your internal purposes. The foregoing license includes the specific rights to use the available applications and functionalities of the Services and to print information from the Services. TRIP II does, however, reserve the right to, without notice, (i) modify, suspend or terminate operation of or access to the Services at any time for any reason; (ii) modify or change the Services or its applicable operating policies at any time; and (iii) interrupt the Services as necessary to perform routine and non-routine maintenance, error corrections, or other changes. TRIP II also reserves the right to modify these TOS at any time.
B. BILL PAYMENT SERVICE
When you initiate a Payment Instruction, you authorize TRIP II to charge your Payment Card and remit funds to TRIP II on the day you initiate the Payment Instruction or the next following Business Day. While it is anticipated that most transactions will be processed on the day you choose, it is understood that due to circumstances beyond the control of TRIP II, some transactions may take a day or so longer to be credited to your invoice.
If we are unable to obtain funds for a bill payment for any reason associated with your Payment Card (for example, there is not a sufficient balance available on your Payment Card to cover the transaction), then we will not be able to complete your bill payment transaction. If there is a problem in processing your Payment Instruction, TRIP II may attempt to contact you, using the e-mail address that you have provided.
If TRIP II processes a payment toward the Dulles Greenway invoice you have designated but is unable to obtain funds for that payment from your Payment Card, you agree that your payment will be reversed and the invoiced amount will remain outstanding.
You further agree that by accepting these terms of service, you also authorize our Customer Service Representatives to receive and process Payment Instructions from you over the telephone.
3. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS
TRIP II will use commercially reasonable efforts to process your bill payments in accordance with your Payment Instructions. However, TRIP II shall incur no liability if a bill payment is not made in a timely manner or if TRIP II is unable to complete any payments initiated by you through the Bill Payment Service because of the existence of any one or more of the following circumstances:
4. USER CONTACT INFORMATION
In order to use the Bill Payment Service, you may be asked to provide one or more of the following: an invoice number, e-mail address, and an E-ZPass transponder number, violation ID or event serial number (collectively, "Authentication Materials"). The Authentication Materials are intended for your use only. You agree to (i) not disclose such Authentication Materials to any third party, (ii) take reasonable care to protect such Authentication Materials from inadvertent disclosure to third parties and (iii) immediately notify TRIP II of any loss or unauthorized use of such Authentication Materials. You agree that you will be responsible all actions taken using your Authentication Materials.
5. YOUR REPRESENTATIONS.
You hereby represent to TRIP II and agree that:
a. any and all information that you provide to the us through the Services or Web Site will be accurate and complete;
b. you will not use the Services to access information about any invoice unless you have authority to do so by the person or company whose invoice record you are accessing;
c. you will not provide any information to us through the Web Site or Services, including invoice information, unless you have the authority to provide such information to us;
d. you will not use the Web Site or the Services for any illegal or improper purposes;
e. you will not use:
i. any robot, spider, other automatic device to monitor or copy portions of the Web Site or Services or the content contained therein without TRIP II’s prior written permission, or
ii. any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or Services; and
f. you will not download, reproduce, duplicate, copy or otherwise exploit any portion of the Web Site or Services for the purpose of sale, resale, or making other commercial use thereof.
6. RELIANCE ON THE INFORMATION FROM THE SERVICES
While we exercise reasonable efforts to ensure the accuracy of information on our Web Site and accessible through the Services, you acknowledge and agree that your use of the Web Site or Services, and your reliance upon any data or information accessed using the Web Site or Services, is at your own risk. You agree to make and rely on your own independent investigation of the completeness, accuracy and suitability of any information, data, or analytical product available on the Web Site or Services before reliance thereon.
7. WARRANTY DISCLAIMERS
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND THE WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT USE OF THE SERVICES OR THE WEB SITE IS AT YOUR SOLE RISK. TRIP II MAKES NO WARRANTY WHATSOEVER ABOUT THE SERVICES, ITS WEB SITE, THE OPERATION OR AVAILABILITY OF EITHER, THE ACCURACY OF INFORMATION PROVIDED ON OR THROUGH THE SERVICES OR WEB SITE, OR THE SECURITY OF THE SERVICES OR WEB SITE. MOREOVER, TRIP II EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE WEB SITE AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRIP II MAKES NO WARRANTY THAT (I) THE WEB SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) ACCESS TO THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) TRANSMISSION OF DATA TO AND FROM THE WEB SITE OR SERVICES WILL BE TIMELY OR ERROR-FREE, OR (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT NEITHER TRIP II NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT ON THE SERVICES OR THIS WEB SITE.
8. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIP II SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRIP II HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEB SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE WEB SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
In the absence of any of the exclusions set forth above, it shall be TRIP II‘s responsibility to correct any transactions not completed in accordance with your Payment Instructions. In the event that TRIP II is unable to correct the transaction, we shall refund the amount of funds received from you and this refund shall constitute your sole remedy. In no event shall TRIP II’s liability to you ever exceed the amount of funds that we receive from your Payment Card for a bill payment. THE FOREGOING SHALL CONSTITUTE TRIP II’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL TRIP II BE LIABLE FOR ANY OTHER LOSS, INJURY, OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE BILL PAYMENT SERVICE. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, WE SPECIFICALLY DISCLAIM AND YOU UNDERSTAND THAT WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED AND THE SAME ARE HEREBY EXCLUDED FROM THESE TERMS AND CONDITIONS AND ALL TRANSACTIONS CONTEMPLATED HEREBY.
9. INDEMNITY
You agree to indemnify, defend and hold TRIP II, and its subsidiaries, affiliates, officers, members, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of these TOS, or your violation of any rights of another.
10. SUBMISSIONS
Comments, suggestions and questions about the Web Site or Services are welcomed. TRIP II does not, however, desire that you send, post or upload any information that is confidential or proprietary to you or to any other person or company. By submitting comments, messages, suggestions, ideas, concepts or other information (collectively, "Materials") to TRIP II, you thereby (i) represent and warrant that such information is not confidential or proprietary to your or to any other person and (ii) grant TRIP II and its affiliates an irrevocable, perpetual, royalty-free, non-exclusive, unrestricted, worldwide license to: use, copy, publish, transmit, perform and display the Materials for any purpose; create derivative works from such Materials; and implement and use the Materials and any suggestions, concepts or ideas contained therein without compensation to you. Furthermore, you agree that TRIP II is not responsible for the confidentiality of the Materials that you send through the Web Site or the Services.
11. TRADEMARKS, COPYRIGHTS & RESTRICTIONS
All materials available through the Web Site or Services, including, but not limited to, text, images, illustrations, audio clips, video clips and other data, are protected by copyrights which are owned or licensed by TRIP II. Except for the limited license granted above, you may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Web Site or Services, or any other web site owned or operated by TRIP II, without the prior written permission of TRIP II.
12. MODIFICATION AND TERMINATION
TRIP II reserves the right at any time to modify or discontinue, temporarily or permanently, the Web Site or Services (or any part thereof) with or without notice. You agree that TRIP II shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site or Services. You agree that TRIP II, in its sole discretion, may terminate your access to the Web Site or use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, if TRIP II believes that you have violated or acted inconsistently with the letter or spirit of these TOS. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TRIP II may immediately deactivate or delete your invoice information and all related information and files in your invoice or payment records and/or bar any further access to such files or the Services. Further, you agree that TRIP II shall not be liable to you or any third party for any termination of your access to the Services.
13. GOVERNING LAW/ARBITRATION
Use of the Web Site or Services and these TOS shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to the choice of law provisions thereof. Any dispute or claim relating to or arising out of or in connection with use of the Web Site, Services or these TOS shall be finally settled by binding arbitration in the Commonwealth of Virginia using the then current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the Commonwealth of Virginia, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award punitive or exemplary damages against any party.
14. COMPLETE AGREEMENT/SEVERABILITY/NO THIRD-PARTY BENEFICIARIES
These TOS and any agreements governing use of specific portions of the Services constitute the entire understanding between you and TRIP II with respect to the Services and your use thereof, superseding all prior written and oral communications and understandings. If any provision or portion of these TOS is not given legal effect by a court of competent jurisdiction, such provision or portion shall drop out of the TOS and the remaining provisions and portions of the TOS shall be construed and enforced. These TOS shall not be interpreted or construed to confer any rights or remedies upon any third parties.
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
IMPORTANT INFORMATION WILL BE FURNISHED TO YOU ELECTRONICALLY –
READ THIS NOTICE CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.
CONSENT TO ELECTRONIC COMMUNICATIONS. By your use of the Services, you have elected, agreed and hereby consent, on your own behalf and on behalf of any other party responsible for or otherwise associated with your Dulles Greenway toll violation invoice, to receive payment confirmation and other communications regarding your use of the Bill Payment Service (collectively “Communications”) electronically rather than on paper, and you hereby confirm, for the benefit of TRIP II, that you have the ability to print or download the information provided electronically and that you will not receive such information in paper form, except as noted below. All Communications in electronic format from us to you will be considered “in writing.” You should print or download, for your records, a copy of these TOS and any other Communication that is important to you.
CHANGE OF ADDRESS OR FORM OF COMMUNICATION. To update your electronic address, or if you wish that any Communication be provided to you in paper form, please contact us by telephone at +1 (703) 707-8870 or send us an e-mail at info@dullesgreenway.com. You agree to promptly notify us, when you change your e-mail or other electronic address. It is your responsibility to provide us with a true, accurate and complete e-mail address, contact information and any other information needed to contact you electronically. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Communications.
YOUR SYSTEM REQUIREMENTS. To receive payment confirmation and other Communications electronically, you will need the following:
· Internet Connection. Connection to the Internet and an active e-mail address along with a computer and an operating system capable of supporting the items listed in 2 and 3.
· Internet Browser. Microsoft Internet Explorer 8, Safari 5, Chrome 23, Firefox 17 or a later release of any of any of the foregoing.
· Print or Storage Capability. Access to a printer or the ability to download information (which will require sufficient hard-drive space) in order to keep copies for your records. You will also need a current or recent version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader).
By your use of the Services, you confirm, for the benefit of TRIP II, that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have provided, or will provide to us a current valid e-mail address to which we may send you electronic Communications.