Subject to the terms and conditions of this Agreement, Dunes Community Development District, called the Hammock Dunes Bridge ExpressCard Hammock Dunes 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.
TERMS AND CONDITIONS
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:
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).
Whenever the Account balance drops to or below the Replenishment Threshold, User agrees to replenish Account by one of the following methods.
LOST OR STOLEN HAMMOCK DUNES BRIDGE EXPRESSCARD OR DECAL
User 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.
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 insure 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.
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 absolutely necessary and essential in order 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:
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:
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.