Effective Date: 10/31/2022
We may update or change the Terms from time to time, at our sole discretion, with or without notice to you. The “Effective Date” legend at the top of the page indicates when the Terms were last revised. We may also update, modify or replace the Site, and we reserve the right to discontinue offering access to the Site. Your continued use of any part of the Site constitutes acceptance of such change. Although we may endeavor to notify you when major changes are made to the Terms, you should periodically review the most up-to-date version prior to using the Site. If you do not agree to any modifications of these Terms, you must not continue to use the Site.
1. License Use and Restrictions.
Subject to the terms and conditions of this Agreement, Cintra hereby grants to you the non-transferable, non-sublicensable, nonexclusive, royalty-free, limited license to access and use the Site for personal and non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such rights.
In exchange, you agree that you will not:
- copy or duplicate, in whole or in substantial part, the Site;
- distribute, transmit, publish, transfer, sell or commercially exploit in any way the Site, in whole or in part, or cause others to do so;
- reverse engineer, decompile or modify the Site, in whole or in part;
- infringe or otherwise violate the rights of any third party through your use of the Site, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site to harvest or otherwise collect information from the Site or Services;
- use the Site or any information contained therein or results derived therefrom to benchmark or develop any products or services that could be competitive with the Site or any other products or services provided by Cintra or its affiliates;
- alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site;
- use the Site in any way that could interfere with, disrupt or negatively affect the Site or its servers or networks;
- upload viruses or other malicious code or otherwise compromise the security of the Site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site;
- probe, scan or test the vulnerability of our Site or any system or network; or
- encourage or promote any activity that violates this Agreement or applicable law.
Cintra may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site, including termination of your account.
2. Proprietary Rights. Information, graphics, photographs, format, design and other copyrighted material on the Site (collectively, “Content”) and the operation and interface of the Site are protected by copyright law and other intellectual property laws, and are owned by or licensed to Cintra, its affiliates, and the equity members of Georgia Express Link Partners and their affiliates with permission of the owner. Unless you are the Content owner, you may not copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in any way without the prior written consent of Cintra. Any breach of this Agreement shall immediately terminate the license and rights granted by Cintra hereunder, and may subject you to civil and/or criminal prosecution.
3. Transmission of Information. Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not, responsible for the security of information that you choose to communicate with Cintra while it is being transmitted. In addition, Cintra is not responsible for any data lost during transmission.
4. DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. CINTRA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
For purposes of clarification, but not limitation, of the foregoing: neither Cintra nor any of its employees or agents warrant that use of the Site will be uninterrupted or error-free; nor do they make any warranty as to (i) the accuracy, completeness, timeliness, reliability or content of any information or service offered through the Site; (ii) that the quality of any services, information, or other material that you obtain will meet your expectations; or (iii) that the files available for downloading or sharing from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties.
5. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CINTRA, ITS AFFILIATES, THE EQUITY MEMBERS OF GEORGIA EXPRESS LINK PARTNERS, THEIR AFFILIATES, OR ANY OFFICER, DIRECTOR, EMPLOYEE OR AGENT THEREOF (COLLECTIVELY, THE “PARTIES”) BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR OTHERWISE IN CONNECTION WITH THE SITE. THE PARTIES SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES RESULTING FROM YOUR USE OF THE SITE. FOR PURPOSES OF CLARIFICATION, AND NOT LIMITATION, OF THE FOREGOING, THE PARTIES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS), REGARDLESS OF THE NATURE OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE PARTIES ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT OR USER COMMUNICATION RELATED TO THE SITE. THE PARTIES ARE NOT RESPONSIBLE FOR OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, COMPUTER ONLINE SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, MOBILE DEVICE, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE ARISING OUT OF OR RELATED TO USE OF THE SITE. IN NO EVENT SHALL THE PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE EXCEED THE GREATER OF $100 OR THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SITE, IF ANY.
If applicable law in your jurisdiction limits or prohibits application of some or all of the above limitations on liability, those provisions should be interpreted to limit Cintra’s and the Parties’ liability to the fullest extent permitted by applicable law.
6. Indemnification. You hereby agree to indemnify and hold the Parties from any and all claims, liabilities, damages, costs, expenses and other losses (including attorneys’ fees) arising out of or relating to your breach or violation of this Agreement.
Please note that if you register for an E-ZPass and/or Peach Pass, or sign up for alerts regarding our project, you are leaving our Site and are interacting with the website of the Georgia Department of Transportation (“GDOT”) and the Georgia State Road and Tollway Authority (“GSRTA”). Cintra does not control, and is not responsible for, any content or privacy practices of GDOT’s or GSRTA’s websites.
8. Dispute Resolution. This Agreement is governed by the laws of the State of Georgia without regard to its conflict of laws principles. Any dispute between you and Cintra or any of the Parties arising out of your use of the Site shall be decided exclusively by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any arbitration shall take place only in Atlanta, Georgia. You agree this obligation to resolve all disputes by binding arbitration shall be specifically enforceable against you. Each party shall bear its own costs, including without limitation, attorneys fees, associated with the arbitration. Your potential recovery of damages shall be subject to the limit set forth in Section 5 above. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT.
10. Contact Us. Please direct any questions or comments concerning these Terms to firstname.lastname@example.org.