BridgePass

AGREEMENT-BRIDGEPASS LOYALTY CARD

Subject to the terms and conditions of this Agreement, Dunes Community Development District, called the Hammock Dunes Bridge BridgePass Loyalty Card, and the Hammock Dunes Bridge Customer Service Center (Service Center) agrees to provide a barcode card to the User who in turn may use it to obtain passage on the Hammock Dunes toll bridge at a discounted rate.

TERMS AND CONDITIONS

GENERAL

User agrees:

  1. To use the Hammock Dunes Bridge BridgePass Loyalty Card in accordance with these Terms and Conditions of the Hammock Dunes Bridge BridgePass Loyalty Card.
  2. To use the BridgePass Loyalty Card only for the vehicle classes for which it was issued. Five-axle and more vehicles/trailers are excluded from using this BridgePass Loyalty card.
  3. To be fully responsible for any and all charges arising from the use of each Hammock Dunes Bridge BridgePass Loyalty Card. This card should be treated like cash. There will be no replacement or refunds.
  4. Not to dispute toll usage that is more than 60 days old.
  5. Once money has been put into my BridgePass Loyalty Card account, I understand and accept that no credits or refunds will be issued under any circumstance.
  6. That any BridgePass Loyalty Card will expire one year from the date of issue.
  7. That a receipt will be given at the toll booth for Hammock Dunes Bridge BridgePass Loyalty Card transactions upon request.
  8. That I understand that the Hammock Dunes Bridge BridgePass Loyalty Card service center and tolls are fully computerized and in the unlikely event the automatic operation is out of service, I will not be able to use my BridgePass Loyalty Card and will have to pay full price for each crossing until the computer system is back in service.
  9. The Hammock Dunes Bridge BridgePass Loyalty Card service center reserves the right to change, delete, limit or modify at any time any terms of this agreement without advance notice.
  10. All BridgePass Loyalty Cards remain the exclusive property of the Hammock Dunes Bridge Service Center and if requested, User agrees to promptly return to the Hammock Dunes Bridge BridgePass Loyalty Card service center office any BridgePass Loyalty Cards issued to User.
  11. Not to exceed posted speeds at toll plazas and posted speed limits on the bridge.
  12. To be fully aware of any specific Facility Terms of Use prior to use of the Hammock Dunes Bridge BridgePass Loyalty Card.
  13. That User has read and understand these disclosures.

ACCOUNT TERMINATION

The Hammock Dunes Bridge BridgePass Loyalty Card Service Center or Hammock Dunes Bridge BridgePass Loyalty Card User may terminate this Agreement at any time. THERE ARE NO REFUNDS under any circumstances for any balance remaining in the User's Hammock Dunes Bridge BridgePass Loyalty Card. This card expires one year from the date of issue.

PRIVACY POLICY

It shall be the policy that the Hammock Dunes Bridge BridgePass Loyalty Card Service Center shall only collect and retain Hammock Dunes Bridge BridgePass Loyalty Card User information that is absolutely necessary and essential in order to properly conduct and record financial transactions. Information collected by Hammock Dunes Bridge BridgePass Loyalty Card relative to individual Hammock Dunes Bridge BridgePass Loyalty Card customer usage shall only be released:

  1. In response to a bona fide court order/subpoena for information;
  2. At the request of the individual Hammock Dunes Bridge BridgePass Loyalty Card Account owner(s); or
  3. To collect unpaid tolls or negative Account balance.

Service Center may provide Hammock Dunes Bridge BridgePass Loyalty Card User usage data in summary form to assist in transportation research. However, under no circumstance will individual User information be disclosed to any nonaffiliated third parties for use in telemarketing, direct mail marketing, or other marketing through electronic mail to customers. Service Center is subject to federal and state statutory requirements and may amend its Hammock Dunes Bridge BridgePass Loyalty Card privacy policy at any time without notice in accordance with applicable statutory requirements. For complete details of what information is subject to Florida's public record laws, please see Florida Statutes §§ 119.01 through 119.15 and the Florida Constitution, Article I, Section 24. If you do not want your information disclosed pursuant to the aforementioned authorities, please contact the Hammock Dunes Bridge BridgePass Loyalty Card Service Center via telephone at (386) 446-5593.

OTHER TERMS AND CONDITIONS

It is expressly understood and agreed that a Hammock Dunes Bridge BridgePass Loyalty Card User authorizes the Hammock Dunes Bridge BridgePass Loyalty Card Service Center to access User's credit card or debit card and make charges authorized under this Agreement. A Hammock Dunes Bridge BridgePass Loyalty Card User expressly understands and agrees that the Hammock Dunes Bridge BridgePass Loyalty Card Service Center shall not be liable to a Hammock Dunes Bridge BridgePass Loyalty Card User for any damages resulting from these actions. Additionally, the Hammock Dunes Bridge BridgePass Loyalty Card Service Center shall not be liable for:

  1. Any incidental, indirect, special, or consequential damages, including but not limited to, loss of use, revenues, profits, or savings, even if the Hammock Dunes Bridge BridgePass Loyalty Card Service Center knew or should have known of the possibility of such damages; or
  2. Claims, demands, or actions against Hammock Dunes Bridge BridgePass Loyalty Card User by any person, corporation, or other legal entity resulting from the use of the Hammock Dunes Bridge BridgePass Loyalty Card, credit report inquiry, check authorization, and/or charging of the Hammock Dunes Bridge BridgePass Loyalty Card User's credit card, debit or check card.

The Hammock Dunes Bridge BridgePass Loyalty Card Service Center may change the terms of this Agreement at any time by providing electronic notice to the Hammock Dunes Bridge BridgePass Loyalty Card User via the website. If the Hammock Dunes Bridge BridgePass Loyalty Card is used after the posting of any new or amended terms and conditions, then the Hammock Dunes Bridge BridgePass Loyalty Card User shall be bound by the new Hammock Dunes Bridge BridgePass Loyalty Card terms. For purposes of this Agreement, the Hammock Dunes Bridge BridgePass Loyalty Card User shall be deemed to have received notice 10 days after the notification of changes is posted on the website.

The captions used in this Agreement have been inserted for convenience and for reference only and shall not be deemed to limit or define the text of this Agreement. The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall not be affected. For the purpose of giving any and all notice(s) to the Hammock Dunes Bridge BridgePass Loyalty Card Service Center required under the provisions of this Agreement, User shall send notice to Hammock Dunes Bridge, 5000 Palm Coast Pkwy SE, Palm Coast, FL 32137.

The transactions contemplated under this Agreement, its validity, and effect, are exclusively governed by, and shall be exclusively construed and enforced in accordance with the laws of the State of Florida. Further, any action relating to, or arising out of, this Agreement shall be instituted and prosecuted in the Circuit Court of the Seventh Judicial Circuit, State of Florida, in and for Flagler County. Jurisdiction shall lie only in the state courts and not with any federal court(s) wherein any action or suit arising out of this Agreement may be brought.