This End User License Agreement (“Agreement”) applies to the Slora smartphone application (“Application”) provided by Bluetoll LLC (“Licensor”).
1. Acceptance of Terms and Conditions
1.1. The Application is licensed to You under this Agreement. By downloading, installing, otherwise accessing, or using the Application, You acknowledge that You:
1.1.1. are at least 18 years old;
1.1.2. understand that this Agreement is a legally binding agreement and the equivalent of a signed written contract between You and Licensor;
1.1.3. have read, understand, accept, and agree to be bound by the terms of this Agreement; and
1.1.5. will use the Application in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Licensor from time to time.
1.2. If at any time You are not willing to be bound by the terms of this Agreement, You should click the “I do not accept” or similar button, terminate the installation process, immediately cease and refrain from accessing or using the Application, and uninstall the Application.
2.1. The Application is to be obtained only through Apple’s software distribution platform (“App Store”) or Google’s software distribution platform (“Google Play Store”). By installing, accessing, or using the Application, You are confirming Your acceptance of this Agreement and You are agreeing to become bound by the terms of this Agreement.
2.2. This Agreement shall apply only to the Application regardless of whether other software or platform is referred to or described herein.
2.3. The Application is licensed, not sold, to You for use only under the terms of this Agreement. The Licensor reserves all rights not expressly granted to You. The Application and any of its updates, improvements, upgrades and add-ons that is subject to this Agreement are referred to as the “Application.” The Application is to be used on devices that operate with Apple’s operating system (“iOS”) and/or with Google’s operating system (“Android”) and the afore mentioned devices are referenced in this Agreement as “Device(s)”.
2.4. The Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/us/terms.html) and the Google Play Terms of Service (https://play.google.com/about/play-terms/index.html) are referenced in this Agreement as “Usage Rules.”
2.5. This Agreement is between You and Licensor. Neither Apple nor Google has any obligation to provide You with any services under this Agreement.
3. Licensor’s License to You
3.1. Licensor grants You a single, revocable, non-exclusive, non-transferable and limited personal license to access and use the Application pursuant to the Usage Rules. This license is conditioned on Your continued compliance with the terms and conditions in this Agreement.
You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Application and, if You sell or otherwise transfer a Device on which the application is installed to a third party, You must remove the Application from such device before doing so.
3.2. You may not copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application). Any attempt to do so is a violation of the rights of the Licensor. If You breach this restriction, You may be subject to prosecution and damages and have to bear all legal consequences.
4.1. Licensor will, at its own discretion, provide updates which fix possible minor errors of the old versions and contain product improvements. Application updates are a voluntary service of the Licensor which are only granted during the product life cycle. You have no right to claim for any update.
4.2. The right to use the previous version of the Application, which is replaced by the update, expires within two weeks after You have used the updated Application, but no later than one (1) calendar month after delivery of the Application to You.
4.3. The terms of this Agreement will govern any upgrades, add-ons etc. provided by Licensor that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate Agreement in which case the terms of that Agreement will apply
5. Use of the Application
5.1. In order to use the Application You will need:
5.1.1. An Apple or Android Device with a valid Apple or Google account, respectively;
5.1.2. A mobile data internet connection;
5.1.3. To create an account with Licensor, which includes: Your full legal name, Your mobile phone number, Your license plate number, and Your billing information; and
5.1.4. A motor vehicle.
5.2. YOU AGREE TO ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH ALL RELEVANT TRAFFIC LAWS. FURTHER, YOU AGREE TO COMPLY WITH ALL RELEVANT LAWS REGARDING THE USE OF MOBILE DEVICES WHILE DRIVING.
5.3. You understand and agree that the Application will only work on the following toll roads (collectively, referred to as the “Application Enabled Toll Roads”):
5.3.1. I-495 Express Lanes
5.3.2. I-395 Express Lanes
5.3.3. I-95 Express Lanes
5.3.4. I-66 Express Lanes (inside the Beltway)
5.3.5. I-66 Express Lanes (outside the Beltway at service commencement)
5.3.6. Dulles Toll Road
5.3.7. I-64 Express Lanes
5.3.8. Elizabeth River Tunnels (Midtown)
5.3.9. Elizabeth River Tunnels (Downtown)
5.3.10. South Norfolk Jordan Bridge
5.3.11. Dominion Boulevard
5.3.12. Chesapeake Expressway
5.3.13. Coleman Bridge
5.3.14. Powhite Parkway Extension
5.3.15. Pocahontas Parkway
5.4. You understand and agree that if You attempt to use the Application on non-Application Enabled Toll Roads, then You may be issued with a toll violation notice and will be liable for the toll and associated fees permissible under applicable law.
5.5. The Application is intended to replace alternative toll collection devices, such as an E-ZPass, on Application Enabled Toll Roads. If You have an alternative toll collection device, such as an E-ZPass, Licensor recommends that You remove it. You understand that if You use the Application and an alternative toll collection device on an Application Enabled Toll Roads You may be charged twice, i.e., once on the Application and once on Your alternative toll collection device.
5.6. You understand and agree to update Your full legal name, Your mobile phone number, Your license plate number, and Your billing information whenever that information changes, including, but not limited to the expiration or replacement of Your credit card or the changing of Your license plate number.
5.7. You understand and agree to contact Licensor in the event that Your Device, registered vehicle, or license plate is lost or stolen.
5.8. You understand and agree that when You are logged into the Application, the Application will use the Device’s location services, e.g., GPS, to determine when You have travelled on any Application Enabled Toll Road.
6. Payments, Fees, and Penalties
6.1. Application Enabled Toll Road operators use electronic tolling systems to detect vehicles that make trips on Application Enabled Toll Roads by identifying Your license plate. When trips are made on Application Enabled Toll Roads using Your vehicle, the Application Enabled Toll Road operator may send trip data such as Your license plate number, location, toll amount, and date and time of travel to Licensor so Licensor can charge those tolls (and any applicable fees) to You through the Application.
6.1.1. You understand and agree that if You enter incorrect license plate information into the Application, then then You may be issued with a toll violation notice and will be liable for the toll and associated fees permissible under applicable law.
6.2. You agree to pay a fee of $0.40 plus 10% of the toll rate to Licensor each time you pay a toll on an Application Enabled Toll Road with the Application.
6.3. Your billing information will be stored and linked to license plate information You enter into the Application. By using the Application, You accept responsibility for payment of the applicable tolls, fees and charges for all trips made by that vehicle on Application Enabled Toll Roads.
6.4. Once a toll is reconciled against the records of the relevant Application Enabled Toll Road, You will receive notice that the toll is ready for payment, and will have 20 hours to pay such charges using Your preferred payment method before the default payment method is charged.
6.4.1. In the event that Your default payment method fails You will have 20 hours to update Your payment method. If the payment method is not updated within 20 hours and the owed balance is not paid, then:
18.104.22.168. You will be blocked from using the Application and will no longer be able to use the Application to pay for tolls on Application Enabled Toll Roads; and
22.214.171.124. You will be issued a toll violation notice and be liable for the toll and associated fees permissible under applicable law.
6.5. Licensor will refund the tolls, fees, and charges paid for by the Application where: (i) You pay for a toll using the Application and the relevant tolls, fees and charges are also charged to an alternative toll collection device; or (ii) Licensor receives notification of and independently verifies that You were erroneously charged for a toll on an Application Enabled Toll Road. This refund process may take up to one (1) month.
6.6. You will not earn interest on any account balance or amount You pay to Licensor under this Agreement.
7. Electronic Signatures
7.1. You agree to be bound by any affirmance, assent, or agreement You transmit to Licensor using the Application, including but not limited to any consent You give to receive communications from Licensor solely through electronic transmission. You agree that, when in the future You click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the Application, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
8. Carrier Charges
8.1. Expect for the fees discussed in this Agreement, Licensor does not charge for the Application, but Your carrier’s data rates may apply to Your use of the Application.
9. Hyperlinks and Advertisements
9.1. The Application may contain links to other sites and/or advertisements to other services. Licensor does not control such other sites or services, and Licensor and its affiliates and agents make no representations or endorsements whatsoever concerning the content, accuracy, security or privacy of those sites. The fact that Licensor has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and Licensor cautions You to make sure You understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will You hold Licensor or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on other sites.
9.2. The links and/or the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
10.1. Licensor may, at any time, terminate the Application in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
10.2. You may terminate Your use of the Application at any time and for whatever reason. You are not obligated to advise Licensor of such termination. You understand and agree that Your obligations under this Agreement shall survive Your termination of use of the Application, including, but not limited to Your obligations contained in sections 1, 6, 8, 12, 13, 14, 15, 17, 18, of this Agreement.
10.3. Licensor retains the right to block Your access to the Application and discontinue Your use of the Application, at any time and for any reason Licensor deems appropriate, at its sole and absolute discretion.
11. Trademarks and Copyrights
11.1. The Application is owned by Licensor or its affiliates or agents, and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Licensor or its affiliates or agents. Nothing contained in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the Application without the written permission of Licensor or such third party that may own the trademarks displayed in the Application. Your use of the trademarks displayed in the Application, or any other content in the Application, except as provided herein, is strictly prohibited.
11.2. Images displayed through the Application are either the property of, or used with permission by, Licensor or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
12. Disclaimer of Warranties
12.1. YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED BY LICENSOR ON AN “AS IS” BASIS. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LICENSOR MAKES NO WARRANTY THAT (i) THE APPLICATION WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR, OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY REGARDING THE APPLICATION NOT EXPRESSLY STATED IN THIS AGREEMENT.
13. Limitation of Liability
13.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE APPLICATION OR ANY OTHER MATTER RELATING TO THE APPLICATION.
13.2. You understand and agree that You assume full, exclusive and sole responsibility for the use of and reliance on the Application, and You further understand and agree that Your use of or reliance on the Application is made entirely at Your own risk. You further acknowledge that it is Your responsibility to comply with all applicable laws, including without limitation all driving laws, while using the Application.
14.1. You agree to indemnify and hold Licensor and its affiliates, agents, employees, officers, directors, partners, and suppliers harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of Your violation of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not
limited to infringement of any intellectual property or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Licensor or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Application.
14.2. You further agree to hold harmless all Application Enabled Toll Roads, tolling authorities, and/or toll road operators that have entered into an agreement with Licensor related to claims or losses sustained in relation to Licensor’s performance under this Agreement. You understand and agree that this Agreement shall not create or otherwise imply a duty on the part of the Licensor to indemnify You under any circumstance.
15. Use and Disclosure of Your information
15.2. You understand and agree that may Licensor use or disclose any and all information (including personal information) You provide to Licensor being disclosed by Licensor to credit reporting bodies or to debt collection agencies where You are in payment default.
15.4. You understand and agree that Licensor may disclose any information otherwise required by law, including, but not limited to Licensor disclosing any information necessary to comply with a court order, legislation, or a subpoena.
15.5. You understand and agree that Licensor may disclose to Application Enabled Toll Road operators any and all information (including personal information) that is required for toll collection or enforcement.
15.6. If You provide Licensor with Your email address or mobile phone number, You consent to Licensor using those contact details to send You traffic updates and other notices relevant to Your use of Application Enabled Toll Road. You may ask not to receive such communications at any time.
16. Governing Law
16.1. The Agreement, and all future agreements You shall enter into with Licensor, unless otherwise indicated on such other agreement, shall be governed by the law of the Commonwealth of Virginia, without regard to conflicts of law principles thereof. This is the case regardless of whether You reside or transact business with Licensor or any of its affiliates or agents in the Commonwealth of Virginia or elsewhere.
17. Agreement to Arbitrate
17.1. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
17.2. Any legal action, suit proceeding, or dispute arising from or relating to this Agreement or the breach thereof, including those disputes relating to the validity, interpretation or termination of this Agreement, shall be exclusively and finally settled by arbitration
administered under the American Arbitration Association (“AAA”) in Richmond, Virginia. Any awards shall be final and binding. The prevailing party in any such action shall be entitled to recover all attorney’s fees and costs of pursuing or defending an action under this Agreement.
17.3. YOU MUST FILE A COMPLAINT WITH THE AAA WITHIN TWO (2) YEARS OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
17.4. THE PARTIES HEREBY WAIVE A JURY TRIAL IN ANY LITIGATION WITH RESPECT TO THIS AGREEMENT.
18. Class Action Waiver
18.1. To the maximum extent permitted by applicable law, You and Licensor agree to only bring Disputes in an individual capacity and shall not:
18.1.1. seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
18.1.2. consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to this Agreement and all other actions or arbitrations.
19. Export Control
19.1. You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
20. Contact Information
20.1. Any questions, comments, or concerns regarding any tolls (and any applicable fees) charged on a particular Application Enabled Toll Road should be referred to that Application Enabled Toll Road operator.
20.2. If You have other questions, comments, or concerns please contact Globalvia customer support at email@example.com
21.1. Licensor may assign its rights in and to the Application to a third party at its sole and absolute discretion, provided that the third party undertakes Licensor’s obligations to You under this Agreement. The duties and covenants of You under this agreement, being personal may not be delegated or assigned, without the prior written consent of Licensor.
22.1. The headings in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
23.1. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
24. Entire Agreement