Terms and Conditions

TERMS AND CONDITIONS - OVERVIEW.

This website is operated by LBJ Infrastructure Group LLC and NTE Mobility Partners LLC (collectively, “Developer”). Your decision to access or use the DriveOn TEXpress website (the “Website”) , or any of the Website’s contents reflects your agreement to these Terms of Use (the “Terms”). The Terms also include the Privacy Policy (as defined in the “Privacy and Personal Information” section below). These Terms constitute a fully binding agreement between Developer and you. In addition to these Terms, certain parts of the Website or its functionality may be subject to additional terms.  By accessing or using those parts of the Website, you are agreeing to those terms as well.  
These Terms apply to the current Website and to any future updates or amendments to the Website.  Developer reserves the right to make changes to and modify the Terms from time to time without notice. Any revisions to the Terms shall be reflected here. If your use of the Website occurs on or after the date on which the Terms have changed, Developer will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate this agreement by ceasing use of the Website.

ACCEPTING THE TERMS; REQUIREMENTS.  

Your use of the Website indicates your acceptance of the Terms.  If you do not agree with the Terms, you may not use the Website. You represent that you have full power, capacity and authority and legal ability to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms.  If you are under the age of 18, you should review the Terms with your parent or guardian to ensure that you and your parent or guardian understand the terms and conditions herein.

PRIVACY AND PERSONAL INFORMATION.

For information about Developer’s data protection practices, please read the privacy policy at http://www.texpresslanes.com/privacy-policy (the “Privacy Policy”). The Privacy Policy explains how Developer treats your personal information and protects your privacy when you use the Website.  By using the Website, you agree to the use of your personal data in accordance with the Privacy Policy.

DEVELOPER’S PROPRIETARY RIGHTS.

You acknowledge and agree that Developer (or Developer licensors and their suppliers, if applicable) own all legal right, title and interest in and to the Website and the content, including any intellectual property rights that subsist in the Website and content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).  Developer has licensed certain rights with respect to the Website to certain third parties.  Except as specifically set forth in these Terms, nothing gives you a right to use any of Developer’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.  You do not acquire any ownership rights to the Website or any related content or any such intellectual property.  Developer reserves the right to change any and all features and aspects of the Website and the content, including but not limited to canceling the Website or suspending or discontinuing the availability of or and support for the Website and any of its content at any time without notice.  

“Drive On TEXpress” and “TEXpress Lanes” are pending service marks of Developer.  Copyright in this material on the Website is owned or licensed by Developer.  

EXCLUSION OF WARRANTIES.

NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT DEVELOPER’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE APPLICATION AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE".  IN PARTICULAR, DEVELOPER AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS;
(b) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(c) THE INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND
(d) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE WILL BE CORRECTED.
ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEVELOPER, OR THROUGH OR FROM THE APPLICATION OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

DEVELOPER, ITS LICENSORS, AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER AND ITS LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO: CONTRACT, TORT, COMMON LAW, OR STATUTORY DAMAGES; ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS).

IN ADDITION, DEVELOPER DOES NOT REPRESENT OR GUARANTEE THAT THE APPLICATION WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DEVELOPER DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RELATING THERETO.
THE LIMITATIONS ON DEVELOPER’S LIABILITY TO YOU WILL APPLY WHETHER OR NOT DEVELOPER, ITS LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.

INDEMNITY.

You hereby agree to defend, indemnify, and hold Developer, its officers, directors, agents, affiliates, strategic partners, licensors and their suppliers (the “Indemnified Parties") harmless from and against any loss or damage suffered by any Indemnified Party (whether directly or pursuant to a third party claim) arising out of your use of the Website, your breach of these Terms (including any action taken by Developer as part of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred), or resulting from content that you supply.

You will cooperate as fully as reasonably required in the defense of any such third party claims. Developer reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the Website may be irreparable; therefore, Developer is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.

OTHER CONTENT.

The Website may include hyperlinks to other websites or content or resources. Developer has no control over any websites or resources that are provided by companies or persons other than Developer. You acknowledge and agree that Developer is not responsible for the availability of any such external sites, resources or hyperlinks, and does not endorse any content, advertising, products, or other materials on or available from such websites, hyperlinks, or resources.  Such hyperlinks, websites, content and resources are provided for your convenience only.

You acknowledge and agree that Developer is not liable for any loss or damage that may be incurred by you as a result of the availability or use of those external sites, resources or hyperlinks, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any content, advertising, products, or other materials on, or available from, such hyperlinks, websites or resources.  
LANGUAGE OF THE TERMS.
Where Developer has provided you with translations of these Terms in a language other than English, such translation is for your convenience only.  The English language version of the Terms will govern your relationship with Developer.  The English language version of the Terms will take precedence over all other translated versions.

GENERAL LEGAL TERMS.

Notices. You agree that Developer may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

No Waiver. You agree that if Developer does not exercise or enforce any legal right or remedy available to it under the Terms (or any applicable law), Developer will not be deemed to have waived its rights or remedies, and those rights and remedies will still be available to Developer. Any waiver of any provision of these Terms will be effective only if Developer expressly states in a signed writing that it is waiving a specified Term.

Severability. If any court of law that has jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

Third Party Beneficiaries. You acknowledge and agree the affiliates of Developer are third party beneficiaries to the Terms and that such other companies will be entitled to directly enforce, and rely upon, any provision of the Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be a third party beneficiary to the Terms.

Assignment. The Terms may be assigned by Developer and will inure to the benefit of Developer, its successors, and assigns.

Governing Law and Jurisdiction; Injunctive Relief. The Terms, and your relationship with Developer under the Terms, are governed by the laws of the State of Texas, USA, without regard to its conflict of laws provisions. You and Developer agree to submit to the exclusive, personal jurisdiction of the federal or state courts of Dallas County, Texas, USA, to resolve any legal matter arising from or related to the Terms. Notwithstanding this, you agree that Developer will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THEIR RELATIONSHIP. THE PARTIES ACKNOWLEDGE THAT A RIGHT TO A JURY IS A CONSTITUTIONAL RIGHT, THAT THEY HAVE HAD AN OPPORTUNITY TO CONSULT WITH INDEPENDENT COUNSEL, AND THAT THIS JURY WAIVER HAS BEEN ENTERED INTO KNOWINGLY AND VOLUNTARILY. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.

Complete Agreement. These Terms constitute the whole legal agreement between you and Developer in connection with, and govern your use of, the App. These Terms completely replace and supersede any prior agreements between you and Developer, written or oral, in connection with the App.