Use of this website and/or Integrated Toll Module (“ITM”) constitute your Agreement to the following terms:
TRANSPONDER USAGE
Your vehicle may include a Gentex Corporation (“Gentex”) ITM for usage with participating toll agencies. You hereby acknowledge and agree that Gentex does not provide toll collection services and is only providing you an interface to input your ITM identification number (“ITM ID”) . ITM may be used at all toll facilities that have been identified as accepting ITM transponders as a form of payment.
ACCOUNT INFORMATION
It is required that ITM be registered with the appropriate toll agency to collect necessary fees for toll collection. You hereby acknowledge and agree that it is your responsibility that the registration of your ITM device has been performed properly. You hereby agree to indemnify and hold Gentex, its officers, directors, representatives, employees, agents, parent, subsidiaries, affiliates successors and/or assigns, harmless for any penalties, fees, damages and/or losses related to such registration, failure to perform such registration, and the loss of any credit, payment, or other personal information.
Your account shall be your sole responsibility. You hereby acknowledge and agree that your account is with a third-party provider and that Gentex Corporation, its officers, directors, representatives, employees, agents, parent, subsidiaries, affiliates, successors and/or assigns have no knowledge, involvement or liability related to such account.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Michigan, without regard to its conflict of law provisions. The Parties hereby submit to the jurisdiction of, and waive any venue objections to, the United States District Court for the Western District of Michigan.
REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants that it has the right to enter into this Agreement and that each Party has participated in negotiating and drafting this Agreement
WARRANTIES AND LIMITATION OF LIABILITY
YOU AGREE THAT WEBSITE USE, EQUIPMENT AND SERVICE SUPPLIED HEREUNDER, IF ANY, IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, GENTEX (AND ITS OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND/OR ASSIGNS) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE WEBSITE, EQUIPMENT OR SERVICE. IN NO EVENT SHALL GENTEX BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE WEBSITE, EQUIPMENT OR SERVICE PROVIDED UNDER THIS AGREEMENT, OR RELIANCE ON OR PERFORMANCE OF THE WEBSITE OR SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION EVEN IF GENTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.