AGREEMENT

Subject to the terms and conditions of this Agreement, Dunes Community Development District (DCDD), which operates the Hammock Dunes Bridge ExpressCard Customer Service Center (Service Center) agrees to provide a barcode card or decal to the User who in turn may use it to obtain passage on the Hammock Dunes toll bridge.

This agreement is entered into, by and between Dunes Community Development District, (Hammock Dunes Bridge), whose address is 5000 Palm Coast Pkwy SE, Palm Coast, FL 32137, and Express Card Users, which agree to the following.

TERMS AND CONDITIONS

GENERAL

DCDD (Hammock Dunes Bridge):

Agrees to supply an Express card pass and or window decal for the purpose of receiving a reduced toll rate.

User agrees:

1. To install the Hammock Dunes Bridge ExpressCard or decal in accordance with the Hammock Dunes Bridge ExpressCard or Decal Installation Instructions.
2. To proactively maintain a positive Hammock Dunes Bridge ExpressCard Account balance.
3. That failure to maintain a positive Hammock Dunes Bridge ExpressCard Account balance could result in unpaid tolls and pay the full Toll price until account is restored to a positive balance.
4. In applying for a Hammock Dunes Bridge ExpressCard account for myself and the individuals listed on the application, I certify that the information provided herein is accurate to the best of my knowledge. Further, I agree to provide and maintain an up-to-date email address and/or cell phone number to receive electronic notifications of low balance/auto replenishments.
5. To promptly provide updated payment information for auto-replenish accounts when credit card numbers, expiration dates or security codes on the back of the credit card change. If this option is selected, by signing (or electronically signing) this application, I authorize Hammock Dunes Bridge ExpressCard service center to automatically replenish my ExpressCard account by charging my designated credit card the amount I have specified in the application. That the Hammock Dunes Bridge ExpressCard service Center shall have no obligation or liability to the User with respect to use or performance of the Hammock Dunes Bridge ExpressCard or Decal. User agrees to indemnify and hold the Hammock Dunes Bridge ExpressCard Service Center, of all operating agencies, their agents, representatives and respective employees harmless from and against any and all damage, loss, cost, expense, injury or liability relating to, arising from, or as a result of the use of, or the performance of the Hammock Dunes Bridge ExpressCard or Decal, or as a result of inaccurate User Account information.
6. To promptly update license plate information for all vehicles that may use the ExpressCard or Decal.
7. That any additional ExpressCard holder I authorize under my account will have access to detailed reports concerning ExpressCard usage and may request and will receive a report printout if so desired.
8. To be fully responsible for all charges arising from the use of each Hammock Dunes Bridge ExpressCard or Decal until such time as User either surrenders the Hammock Dunes Bridge ExpressCard or Decal or reports it lost/stolen to the Hammock Dunes Bridge ExpressCard Service Center.
9. Not to dispute toll charges that are more than 60 days old.
10. Once money has been put into my ExpressCard account, I understand and accept that no credits or refunds will be issued under any circumstance.
11. It is my responsibility to report lost or stolen ExpressCards and decals and stolen or sold vehicles bearing ExpressCard window decals to the Hammock Dunes Bridge ExpressCard service center as soon as possible. Any charges made against lost or stolen and/or sold vehicles with ExpressCard decals and/or stolen vehicles with ExpressCard window decals will be my responsibility until notification is documented by the Hammock Dunes Bridge ExpressCard service center. I understand these notifications must be made in writing or in person at the Hammock Dunes Bridge ExpressCard service center. (Toll booth attendants are not authorized to receive verbal notification or to modify ExpressCard accounts in any way.)
12. If any ExpressCard account is unused for one year will be automatically cancelled and any money remaining in the account will be forfeited.
13. That a receipt will be given at the toll booth for Hammock Dunes Bridge ExpressCard transactions upon request.
14. That I understand that the Hammock Dunes Bridge ExpressCard service center and toll applications are fully computerized and in the unlikely event the automatic operation is out of service, I will not be able to use my ExpressCard/decal and will have to pay for each crossing until the computer system is back in service.
15. The Hammock Dunes Bridge ExpressCard service center reserves the right to change, delete, limit or modify at any time any terms of this agreement without advance notice.
16. All ExpressCards and window decals, whether issued or not, remain the exclusive property of the Hammock Dunes Bridge Service Center and if requested, I agree to promptly return to the Hammock Dunes Bridge ExpressCard service center office any ExpressCards or window decals issued to me.
17. To provide the Hammock Dunes Bridge ExpressCard Service Center with current, accurate and complete personal information to include, name, phone number(s) , mailing address, email address, replenishment information, and provide accurate and complete updates when information changes.
18. Not to exceed posted speeds at toll plazas and posted speed limits on the bridge.
19. To be fully aware of any specific Facility Terms of Use prior to use of the Hammock Dunes Bridge ExpressCard or Decal.
20. That I have read and understand these disclosures.

 

PREPAID ACCOUNT

User agrees to maintain a Prepaid Account with the Service Center to cover User's applicable tolls, charges and fees as described in this Agreement. Failure to maintain a positive balance shall constitute a breach of this Agreement and may subject the User to account closure by Hammock Dunes Bridge ExpressCard service center. User agrees that it is their responsibility to monitor their usage and account balance. Hammock Dunes Bridge ExpressCard provides a variety of means for checking account balances (including but not limited to quarterly and monthly statements, online review, and low balance notifications via the website) and will attempt to notify the customer of balance alerts as a courtesy. Hammock Dunes Bridge ExpressCard shall not be responsible for any consequences arising as a result of failure to maintain a positive Account balance.

Prepaid Account balances:

1. Applicable tolls charged each time the Hammock Dunes Bridge ExpressCard or Decal is used to obtain passage on the toll bridge.
2. Returned check fees of $30
3. Any other fees or costs chargeable under this Agreement, including but not limited to lost, stolen or damaged Hammock Dunes Bridge ExpressCard or Decal fees.

REPLENISHMENT THRESHOLD

A Low Balance occurs whenever the Account balance drops to or below the established Account Replenishment Threshold (minimum $2.50, or another amount chosen by the ExpressCard Account holder per Hammock Dunes Bridge ExpressCard or Decal account). The initial Replenishment Threshold should be based on at least three days of anticipated usage. The Service Center reserves the right to increase the Replenishment Threshold based on User's usage patterns to aid in the maintenance of the Account(s).

ACCOUNT REPLENISHMENT

Whenever the Account balance drops to or below the Replenishment Threshold, User agrees to replenish Account by one of the following methods.

1. Automatic Account replenishment by credit/debit card: User's credit/debit card registered in the Account will be charged a Replenishment Amount. The Hammock Dunes ExpressCard Customer Service Center reserves the right to increase the Account Replenishment Amount to compensate for usage patterns without notifying the User. If a credit/debit card charge is declined more than once, User may become ineligible for automatic replenishment.
2. Manual Account replenishment: User should replenish their Account before or once it reaches Low Balance to maintain a positive balance and avoid interruption in service.

 

LOST OR STOLEN HAMMOCK DUNES BRIDGE EXPRESSCARD OR DECAL

Users must notify the Hammock Dunes Bridge ExpressCard Service Center immediately in writing or in person of any lost or stolen Hammock Dunes Bridge ExpressCard or Decal, identifying the Hammock Dunes Bridge ExpressCard or Decal by card number. Until the Hammock Dunes Bridge ExpressCard Service Center is notified, the User will continue to be responsible for charges. Once notified, the Service Center will invalidate the Hammock Dunes Bridge ExpressCard or Decal.

DAMAGED HAMMOCK DUNES BRIDGE EXPRESSCARD OR DECAL

The Hammock Dunes Bridge ExpressCard is the property of the Hammock Dunes Bridge ExpressCard Service Center. Any Hammock Dunes Bridge ExpressCard or Decal that has been altered, copied, defaced or damaged in any manner must be replaced as soon as possible. This will be done at the Hammock Dunes Bridge ExpressCard Service Center and at the User's expense. ExpressCards and decals shall not be tampered with, altered, copied as this is strictly prohibited. Worn ExpressCards and decals are to be replaced as soon as possible at the ExpressCard Service Center.

ACCOUNT TERMINATION

The Hammock Dunes Bridge ExpressCard Service Center or Hammock Dunes Bridge ExpressCard User may terminate this Agreement at any time. Upon termination of this Agreement, the account will be closed and user must return all Hammock Dunes Bridge ExpressCards and/or Decals associated with the Account. THERE ARE NO REFUNDS under any circumstances for any balance remaining in the User's Hammock Dunes Bridge ExpressCard Account.

ROAD DEBRIS/PROPERTY DAMAGE

It is the responsibility of every driver over the Hammock Dunes Bridge to ensure all material/equipment is secured on its respective vehicles.

"Responsible Party" is defined as any person who operates and otherwise has control over a motor vehicle at the time of spilling of falling road debris while driving on the Hammock Dunes Bridge.

It is the responsibility of the Responsible party to insure it immediately reports any spilling or road debris or any other foreign materials on the toll bridge to the Hammock Dunes Bridge Management at the following contact: Hammock Dunes Bridge Service Center located at the toll plaza.

In the event of any incident that causes damage to the Dunes Community Development District property, whether intentionally or negligently, the Responsible Party will be responsible for any and all expenses incurred for cleaning up any spills, debris or material left behind and shall be solely responsible for the cost of any and all property repairs.

PRIVACY POLICY

It shall be the policy that the Hammock Dunes Bridge ExpressCard Service Center shall only collect and retain Hammock Dunes Bridge ExpressCard User information that is necessary and essential to properly conduct and record financial transactions. Information collected by Hammock Dunes Bridge ExpressCard relative to individual Hammock Dunes Bridge ExpressCard 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 ExpressCard Account owner(s); or
3. To collect unpaid tolls or negative Account balance.

Service Center may provide Hammock Dunes Bridge ExpressCard User usage data in summary form to assist in transportation research. However, under no circumstance will individual User information be sold to any nonaffiliated third parties for use in telemarketing, direct mail marketing, or other marketing through electronic mail to customers. The Service Center is subject to federal and state statutory requirements and may amend its Hammock Dunes Bridge ExpressCard 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 ExpressCard Service Center via telephone at (386) 446-5593.

OTHER TERMS AND CONDITIONS

It is expressly understood and agreed that a Hammock Dunes Bridge ExpressCard User authorizes the Hammock Dunes Bridge ExpressCard Service Center to access User's credit card or debit card and make charges authorized under this Agreement. A Hammock Dunes Bridge ExpressCard User expressly understands and agrees that the Hammock Dunes Bridge ExpressCard Service Center shall not be liable to a Hammock Dunes Bridge ExpressCard User for any damages resulting from these actions. Additionally, the Hammock Dunes Bridge ExpressCard 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 ExpressCard Service Center knew or should have known of the possibility of such damages; or
2. Claims, demands, or actions against Hammock Dunes Bridge ExpressCard User by any person, corporation, or other legal entity resulting from the use of the Hammock Dunes Bridge ExpressCard or Decals, credit report inquiry, check authorization, and/or charging of the Hammock Dunes Bridge ExpressCard User's credit card, debit or check card. Hammock Dunes Bridge ExpressCard Users who elect to provide funds via automatic draft drawn directly against account deposits agree to be responsible for the adequacy of those funds to satisfy all amounts drawn against them.
3. Charge back fees incurred by the Hammock Dunes Bridge ExpressCard Service Center for credit card disputes initiated by the USER that are considered frivolous shall be passed on to the USER. The decision to charge these fees shall be at the sole discretion of Hammock Dunes Bridge ExpressCard Service Center.

The Hammock Dunes Bridge ExpressCard Service Center may change the terms of this Agreement at any time by providing electronic or written notice to the Hammock Dunes Bridge ExpressCard User. If the Hammock Dunes Bridge ExpressCard is used after a Hammock Dunes Bridge ExpressCard user receives notice of the new terms of this Agreement, then the Hammock Dunes Bridge ExpressCard User shall be bound by the new Hammock Dunes Bridge ExpressCard terms. For purposes of this Agreement, the Hammock Dunes Bridge ExpressCard User shall be deemed to have received notice 10 days after the notification of changes is either posted on the website, emailed, or deposited with the United States Postal Service, postage prepaid, addressed to the Hammock Dunes Bridge ExpressCard User at the most recent address registered on the Hammock Dunes Bridge ExpressCard User's Account record at the Hammock Dunes Bridge ExpressCard Service Center.

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 ExpressCard 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 an 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.

The state and its agencies and subdivisions shall be liable for tort claims in the same manner and to the same extent as a private individual under like circumstances, but liability shall not include punitive damages or interest for the period before judgment. Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $200,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $300,000. However, a judgment or judgments may be claimed and rendered more than these amounts and may be settled and paid pursuant to this act up to $200,000 or $300,000, as the case may be; and that portion of the judgment that exceeds these amounts may be reported to the Legislature but may be paid in part or in whole only by further act of the Legislature. Notwithstanding the limited waiver of sovereign immunity provided herein, the state or an agency or subdivision thereof may agree, within the limits of insurance coverage provided, to settle a claim made or a judgment rendered against it without further action by the Legislature, but the state or agency or subdivision thereof shall not be deemed to have waived any defense of sovereign immunity or to have increased the limits of its liability as a result of its obtaining insurance coverage for tortious acts in excess of the $200,000 or $300,000 waiver provided above. The limitations of liability set forth in this subsection shall apply to the state and its agencies and subdivisions whether the state or its agencies or subdivisions possessed sovereign immunity before July 1, 1974.