Highway Toll Administration, LLC d/b/a Verra Mobility Solutions (“Verra Mobility”, "we", "our", or "us") operates HTALLC.com (the “Website”) and related application and software (“Software,” and together with the Website, the “Services”).
This Agreement is between Verra Mobility and you. No third party application provider, such as Apple, is a party to this Agreement and such third party application providers are not responsible for the Software.
The Services are offered and available to users who are 18 years of age or older. If you are not 18 years old or older, please do not use the Services.
1. Access and License. We are allowed to remove or change the Services as we want without telling you. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to the Services. Subject to your full compliance with all of the terms of this Agreement, you are granted a limited, non-exclusive, non-transferable, personal, non-sublicensable license to use the Software through the Website or on any mobile device that you own or control solely for non-commercial purposes. You agree to prevent unauthorized users from accessing and using the Services.
2. Restrictions. You shall not, and shall not attempt to or permit any third party to: (i) copy the Services other than as necessary to download the Software on a mobile device for use in compliance with this Agreement; (ii) sublicense, distribute, modify, adapt, translate, reverse engineer, decompile, disassemble, or prepare derivative works based upon the Services or attempt to derive source code from the Services (except to the extent any of the foregoing restrictions are prohibited by applicable law); (iii) attempt to circumvent any protection mechanisms in the Services; (iv) allow others to use, copy or access the Services; (v) make the Services available over a network where they could be used by multiple devices at the same time; (vi) remove or alter any copyright or other proprietary rights notices included in or affixed to the Services; (vii) sell, license, disclose, distribute or grant a security interest in the Services or any portion thereof, or (viii) create any product designed or intended for use with the Services. Verra Mobility is not obligated to provide any updates, revisions, new versions, bug fixes, maintenance, or support for the Services. You acknowledge that third party application providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Software. You may use the Services only for lawful purposes and in accordance with this Agreement. You aren't allowed to:
We have the right to disable any user name, account, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
You agree to, and represent and warrant, the following:
You also agree that by using the Services, you are electronically signing this Agreement and that such signature has the same effect as a standard ink or paper signature. You acknowledge and agree that you: (i) are able to print a complete and legible copy of this Agreement and save the same in a complete and legible form, (ii) are capable of opening, reading, printing, downloading and/or saving all sections of the Agreement, and (iii) had reasonable opportunity to review each section of the Agreement, read the Agreement and agree to it.
4. Term and Termination. This Agreement begins when you use or download the Services and continues until this Agreement is terminated. This Agreement and your license may be immediately suspended or terminated by you or Verra Mobility at any time and for any reason, including for any attempted violation, or violation of the terms of this Agreement by you or if Verra Mobility suspends or discontinues offering the Services. Upon suspension or termination for any reason, you shall immediately cease all use of the Services in any form and destroy all copies of the Software. All provisions of this Agreement that by their sense, meaning and context are intended to survive the termination of this Agreement shall survive such termination.
5. Ownership. As between you and Verra Mobility, Verra Mobility owns all right, title and interest in the Services, and all content and trademarks included with the Services. Other than the limited license set forth in this Agreement, no interest in or rights or licenses to the Services are granted to you, and no interest in or rights or licenses to the Services will inure in or accrue to you, whether by implication, estoppel or otherwise. All rights of any kind in the Services that are not expressly granted in this Agreement are entirely and exclusively reserved to and by Verra Mobility, its licensors, and their successors and assigns.
6. No Warranties. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VERRA MOBILITY AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ACCURACY. YOU ACCEPT THE SERVICES “AS IS” AND “AS AVAILABLE.” VERRA MOBILITY AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES, OR YOUR ACCESS OR USE OF THE SERVICES, COMPLIES WITH ANY LAW AND YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR ACCESS AND USE OF THE SERVICES COMPLIES WITH ALL LAWS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VERRA MOBILITY AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION.
In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.
7. No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER VERRA MOBILITY NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SERVICES REGARDLESS OF THE THEORY OF LIABILITY OR DAMAGES (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VERRA MOBILITY HAS BEEN ADVISED OF SUCH LIABILITY OR DAMAGES.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VERRA MOBILITY OR ITS LICENSORS BE LIABLE FOR ANY LIABILITY OR DAMAGES IN EXCESS OF $50.00, WHETHER SUCH AMOUNT IS OWED TO YOU OR ANY OTHER PARTY AND REGARDLESS OF THE THEORY OF LIABILITY OR DAMAGES (CONTRACT, TORT OR OTHERWISE) EVEN IF VERRA MOBILITY OR A LICENSOR HAS BEEN ADVISED OF SUCH LIABILITY OR DAMAGES.
9. Product Claims. You acknowledge that Verra Mobility, not any third party application provider, is responsible for addressing any of your claims or any third party relating to the Services or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) infringement of a third party’s intellectual property. You also acknowledge that all claims under the foregoing sentence are subject to all other terms and conditions in this Agreement.
10. Injunctive Relief. In addition to any other rights Verra Mobility may have at law or equity, it will be entitled to injunctive relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement.
11. No Class Actions. YOU MAY ONLY RESOLVE DISPUTES WITH VERRA MOBILITY ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT ALLOWED.
13. Apple is a Third Party Beneficiary. You acknowledge and agree that Apple is a third-party beneficiary of this Agreement and may therefore enforce the terms of this Agreement against you.
14. Important Note to New Jersey Consumers. There are some special rules for residents of New Jersey. If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in the Section titled No Indirect Damages, specifically the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in the Section titled Limitations of Liability, specifically the application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; and (c) in the Section titled General, specifically the Arizona governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
15. General. This Agreement is governed by the laws of the State of Arizona without regard to its conflict of law rules. The parties irrevocably submit to the exclusive jurisdiction of any court in Maricopa County, Arizona for any action, suit or proceeding brought in connection with this Agreement and waive, to the fullest extent possible, the defense of forum non conveniens and personal jurisdiction. This Agreement is the entire agreement between Verra Mobility and you with regard to the use of the Services. You may not assign this license without the consent of Verra Mobility and any purported assignment in violation of this sentence is null and void. Verra Mobility may modify this Agreement by posting the new version of this Agreement to the applicable App Store or on the Website. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force. Verra Mobility will not be liable for any failure to perform its obligations under this Agreement because of circumstances beyond the control of Verra Mobility, which circumstances will include (without limitation) natural disaster, terrorism, labor disputes, war, declarations of governments, transportation delays, failure of a computer or network, telecommunications failure, data processing software failure, and misuse of the Services by you.
16. Contact Information. You may direct any questions, complaints or claims to Verra Mobility at 1150 N. Alma School Road, Mesa, Arizona 85201, ATTN Privacy Team; email@example.com; or (480) 443-7000.