I. Acceptance of Terms

Thank you for downloading a mobile application (“GDOT Mobile Application”) and/or visiting the GDOT Website, and which is collectively with the GDOT Mobile Application referred to as the “Mobile Applications”) operated by or on behalf of the Georgia Department of Transportation (herein referred to as “we” or “us” or “GDOT”). As used herein, “Website” shall mean any location which is accessible on the internet through the World Wide Web and which may provide multimedia content via a graphical user interface. Furthermore, the term “Mobile Application” used herein shall mean a software application developed for use on mobile electronic devices and tablet computers that employ a particular operating system. Wherein the application may deliver audiovisual or other content or allow user interaction on particular mobile electronic devices using that the particular mobile operating system. These terms of use, along with any additional and/or special terms and conditions that are referenced herein or that are presented elsewhere on the GDOT Mobile Application and other platforms where GDOT services and information are provided (collectively, “Terms of Use”), and the Privacy Notice set forth the terms and conditions that apply to your use of the GDOT Mobile Application.

Additionally, we may post these Terms of Use with any other application or software authorized by us to access and/or display our Website from time to time, in which case the subject application or software shall also be considered a “Mobile Application” for purposes hereof. By using a GDOT Mobile Application, you are deemed to have accepted and agreed to comply with all the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, do not access or use the GDOT Mobile Application.

You must be at least 18 years of age or have the consent of a parent or legal guardian, to use the GDOT Mobile Application.

Your access to and use of the GDOT Mobile Application is also subject to all laws, rules and regulations applicable to GDOT, to any software available from GDOT under a third-party license, and to all rules, policies and procedures of GDOT. All of these are incorporated herein by this reference and constitute an integral part of these Terms of Use. Only persons over the age of legal majority who can form legally binding agreement(s) under applicable law and comply with these Terms of Use are permitted to use the GDOT Mobile Application, and use licensed third-party software on or through the GDOT Mobile Application account where applicable. Licensed third-party software available through the GDOT Website may be subject to additional terms and conditions provided with such software, and may require you to register, take certain actions and/or provide additional information and certifications to us, and in certain cases, to our third-party licensors, providers, vendors and/or processors as a condition for, use of or access to that software.

For such third-party software, you also may be asked to accept the terms and policies of the software provider. You should read all applicable terms and policies carefully to ensure you understand how a third party may use your information. Please read these Terms of Use carefully. If you do not accept and agree to be bound by the GDOT Terms of Use, you are not authorized to download the GDOT Mobile Application or access or otherwise use the licensed third-party software available through the GDOT Website; provided, however, if you do not accept the terms and policies of a third-party provider, you are not authorized to access only those specific services or features which require acceptance of the terms and policies of a third-party provider.

We can change or update these Terms of Use at any time, and such changes or updates will be effective 30 days after we notify you by posting on the GDOT Website, GDOT Mobile Application, or other platforms where the services are provided. If you continue to use the GDOT Mobile Application after such changes or updates are posted, you will be deemed to agree to such changes or updates. Unless otherwise indicated, any new content added to the GDOT Mobile Application will also be subject to these Terms of Use. Please review the GDOT Mobile Application and these Terms of Use periodically for changes and updates.

II. Violation of Terms of Use

We may take any lawful action we deem appropriate in response to an actual or suspected violation of the Terms of Use. This includes but is not limited to: suspending or disabling access to your GDOT Mobile Application account; blocking access to the GDOT Mobile Application; reporting and providing information about your actions to any third party as required, including law enforcement; cooperating in any investigation; and initiating or participating in any civil or criminal action.

III. Service and Feature Terms and Availability

(A) GDOT Website and Mobile Application
The GDOT Website and GDOT Mobile Application are available to the public for information about GDOT without registration, upon agreement with the Terms of Use.

(B) Registering Accounts
To use the GDOT Mobile Application for certain purposes, services and promotions (e.g. sponsored-contests, notices, and alerts), a user must register for a user account by providing certain information, which may include, but is not limited to:

By submitting information to register for a user account, or to update your existing account profile, you represent and warrant that: ​

1. You are registering for an account or updating your existing account profile in your own name;
2. You are using your own personal information;
3. The information you provide is true, complete, and accurate to the best of your knowledge; and
4. You are over the age of legal majority and can form legally binding agreement(s) under applicable law and comply with these Terms of Use.
5. You are the parent or legal guardian of a minor licensed driver below eighteen years of age, and wish to register on behalf of that minor.

After a valid registration with an account profile has been completed, GDOT may send you a verification email.

We may require you to change or update account information at any time, including, but not limited to, your username or password. We reserve the right to require you to change your account log-in username and/or password if we deem your login information to be offensive, inappropriate, or otherwise unacceptable.

Inability to Register or Update. If you cannot successfully register, or update your existing account profile, and believe that either our identity or location verification results are incorrect, you may contact Customer Service for further information about verifying your identity or location.

You understand and agree that access to the GDOT Mobile Application is subject to your compliance with these Terms of Use and that we reserve the right to reject your registration or update if we reasonably believe that it violates these Terms of Use. We are under no obligation to explain the reason for delay in processing or rejection of a registration or account update. We are not liable for any damages or losses resulting from any delay in processing your registration. We are not liable for any damages or losses resulting from your inability to register, to update your existing account profile, or to use your account to online or through the GDOT Mobile Application. We may retain the profile information you submitted for a period of time allowed by GDOT data retention policies under data protection laws.

Sharing of Information. Our Privacy Notice accompanies and is part of these Terms of Use. You hereby agree to our collection, use and sharing of information about you and your user account as provided in our Privacy Notice.

Your Liability for Unauthorized Use of Your GDOT Account. It is your responsibility to keep your username, password, and other account information confidential. If your username and password have been entered correctly, we are entitled to assume that you are the person using your account. You are responsible for any charges, costs, expenses, damages, liabilities, and losses of any kind that you, we, or any third party may incur as a result of your failure to keep your account information confidential. It is your responsibility to immediately notify us if you suspect or discover that your account has been compromised. You agree to cooperate with any investigation into unauthorized access of your account.

Changing Information on Account Profile. You certify that any information provided to us on the account registration page is complete and accurate, and you are responsible for updating your account information to accurately reflect any changes in your personal information. For security reasons, you may not be able to change certain information in your account profile on-line, such as first name and last name. If your name has been legally changed, contact Customer Service.

(C) Geolocation
GDOT and/or its licensed application vendor(s) may collect geolocation data when you use our Website and/or GDOT Mobile Application. Geolocation data refers to information that identifies, with reasonable specificity, your physical location or movements, such as GPS coordinates or similar information regarding the location of your device.

. You may “Allow” or “Not Allow” location services when you use our Website or GDOT Mobile Application at any time, through your device settings. However, disabling location services may affect the functionality and features of our Website or mobile application.

In using the GDOT Mobile Application on your device, you accept, consent to and agree to comply with these Terms of Use and the Privacy Notice and any applicable third-party terms specifically referenced in the GDOT Mobile Application as the same may be updated from time to time. The geolocation software facilitates the collection of various data relevant to verify your location while you are using the GDOT Mobile Application. By using the GDOT Mobile Application, you consent to GDOT and its third-party licensors, vendors and service providers (i) verifying your location via the geolocation software each time you access the GDOT Mobile Application on your device and (ii) transmitting, collecting, maintaining, processing and using your geolocation data in order to provide, improve and administer location-based services.

If you use the geolocation software available through the GDOT Mobile Application, you acknowledge and agree that: (i) you are granted a personal, non-transferable and non-exclusive right to use the geolocation software for purposes consistent with these Terms of Use; (ii) all rights, title and ownership in and to the geolocation software and related intellectual property remains exclusively with GDOT or its licensors and no title to such intellectual property is transferred to you; (iii) you will not expose, reverse assemble, reverse engineer, decompile, reverse decompile, reduce to human readable form, or otherwise attempt to derive source code from the geolocation software, or modify, incorporate into or with other software, or to create derivative works of, the geolocation software, or allow any third party to do the same, except as expressly permitted by applicable law; (iv) you will not expose, capture, retain, aggregate, store, copy, market, modify, reverse engineer, decompile, disassemble, exploit or otherwise attempt to discover the geolocation data; (v) you agree to comply with all export and re-export restrictions and regulations of the Department of Commerce or other United States agency or authority, and not to transfer, or authorize the transfer of, the geolocation software to a prohibited country or otherwise in violation of any such restrictions or regulations; and (vi) you shall not remove, alter or obscure any copyright or other proprietary notices incorporated on or in the geolocation software by GDOT or any of its licensors or service providers.

(I) Service Level Agreement
We aim to provide a stable and reliable service. However, access to the GDOT Mobile Application may from time to time be unavailable, delayed, limited or slowed due to various factors including, but not limited to, the following:

1. Scheduled daily maintenance;
2. Emergency (unscheduled) maintenance;
3. Hardware failure, including but not limited to, failures of computers (including your own computer), servers, networks, connections, and other electronic and mechanical equipment;
4. Software failure, including but not limited to, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
5. Overload of system capacities;
6. Damage caused by severe weather, earthquakes, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
7. Interruption (whether partial or total) of power supplies or other utility or service (including the Internet); or
8. Other similar disruptions. ​
   

In the event of prolonged or frequent disruptions, we will endeavor to provide remedies or compensation as deemed appropriate on a case-by-case basis.

IV. Limited License: All Rights Reserved

We hereby grant you a limited, non-exclusive and revocable license to access and make personal use of the GDOT Mobile Application, but not to download, copy (other than page caching for personal use) or modify it or any portion of it, except with our express written consent or as technically required in order to access to the GDOT Mobile Application (e.g., downloading the GDOT Mobile Application).

This license does not include any resale, commercial use or alternative display of the GDOT Mobile Application or any of the text, pictures, graphics, logos, names, trademarks, images or other materials and content displayed on and from the GDOT Mobile Application or any third-party information or links provided or offered through or on the GDOT Website (collectively, “Content”). Without limiting the foregoing, you may not frame or utilize framing techniques to enclose the GDOT Mobile Application or any portion thereof. You may not use any meta-tags or any other “hidden text” utilizing our or any of our third-party providers’ name(s) or service marks. As between us and you, we retain all right, title and interest in and to the GDOT Mobile Application and any and all intellectual property rights therein and thereto. We reserve all rights not expressly granted for ourselves and on behalf of our licensors. Any unauthorized use terminates the permission or license granted by us.

V. Ownership

GDOT and its licensors own all right, title and interest in and to the GDOT Mobile Application and all software and features available through the Website, and any and all intellectual property rights therein and thereto, and we, along with our licensors own all copyrights, trademarks, service marks, trade secrets and trade dress to all Content displayed on and from the GDOT Mobile Application. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws, regulations and statutes. You may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any Content without our express written consent. As technically feasible, we agree that you may print out a hard copy of non-commercial and informational portions of the GDOT Mobile Application for your personal use provided that you keep intact and do not remove or alter any copyright or other proprietary notice.

VI. Trademarks and Service Marks

Certain trademarks, including “GDOT” and the GDOT logo are the service marks and trademarks of GDOT. The domain name for the GDOT Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of GDOT. All other trademarks, service marks, trade dress, company names or logos, whether registered or not, on the GDOT Website are the property of their respective owners, whether GDOT or one of its third-party providers. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the GDOT Mobile Application without the prior written authorization of their owners.

VII. Information Submitted by You

You may have the opportunity from time to time to communicate with us and/or submit comments, questions, suggestions, feedback and other information to us regarding the GDOT Mobile Application and/or Content (collectively, “Feedback”). Any such Feedback (expressly excluding any personal information provided with the Feedback and subject to our Privacy Notice) you transmit to us on or through the GDOT Mobile Application, whether by direct entry, connectivity, usage, submission, email or otherwise will be treated as non-confidential and non-proprietary. While this feedback becomes the property of GDOT, we commit to acknowledging users whose feedback leads to significant improvements or revenue generation where feasible and appropriate. Such information may be used for any and all commercial and noncommercial purposes in our sole discretion without any obligation to you, whether financial, attribution or otherwise. Please note that special provisions may apply to submissions of personal information on the account and commerce areas of GDOT and such special terms incorporated in these Terms of Use include those set forth in GDOT Privacy Notice.

By sending us your Feedback, you agree to and hereby grant us a non-exclusive, irrevocable, perpetual, non-transferable, non-sub-licensable, royalty-free, worldwide license to use and exploit any and all copyrights, trademarks, trade secrets, patents and other intellectual property rights in and to such Feedback (including without notice or obligation to you. When you submit any Feedback subject to protection under intellectual property laws (e.g., photos, videos, articles, etc.) to the GDOT Mobile Application, you represent, warrant and covenant to us that you have all necessary rights to copy, display and submit such information and grant us the foregoing rights, and that such information does not infringe or violate the rights of any person.

VIII. Prohibited Uses

In connection with your use of the GDOT Mobile Application, you agree you will use the GDOT Mobile Application only for the personal use for which it was intended, and you will not: ​​​

1. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity.
2. Misrepresent your identity or personal information, create a false identity to mislead others or impersonate any person.
3. Circumvent any method we use to verify information about your age, identity, or physical location.
4. Allow any other person to use your user account.
5. Impersonate any other person, business, entity, physical location or IP address, with such action resulting in immediate termination of your user account and potential legal action.
6. Access or circumvent any of our security measures, including but not limited to firewalls, encryption protocols, and two-factor authentication systems. Any such action will result in immediate termination of your user account and may result in legal action, including but not limited to claims for damages, injunctive relief, and attorney’s fees.
7. Upload or transmit any material that you do not have a right to reproduce, display or transmit under law or any other agreement. You agree to indemnify and hold GDOT harmless in the event of any claims, damages, costs or expenses arising from such unauthorized use of material.
8. Upload files with viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs.
9. Delete any author attributions, legal notices or proprietary designations or labels.
10. Use the GDOT Mobile Application’s communication features in a manner that adversely affects the availability of its resources to other users. This includes, but is not limited to, excessive shouting, use of all caps, flooding continuous posting of repetitive text, or any other behavior that GDOT, in its sole discretion, deems to be disruptive or abusive.
11. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
12. Violate any local, state, national or international law or court order.
13. Use the GDOT Website for any purpose that is unlawful, unauthorized, fraudulent or malicious, including but not limited to hacking, data theft, identity theft, harassment, or spreading malware.
14. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party.
15. Delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it.
16. Manipulate or otherwise display the GDOT Website by using framing, creating deep links to the GDOT Website by by-passing the GDOT Website’s home page, mirroring or similar navigational technology or directly link to any portion of the GDOT Website other than the main homepage.
17. Probe, scan, test the vulnerability of or breach the authentication measures of the GDOT Mobile Application or any related networks or systems.
18. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any services if you are not expressly authorized by such party to do so.
19. Harvest or otherwise collect information about others, including email addresses, or gain unauthorized access to any other accounts, computer systems or networks.
20. Use any robot, spider, scraper, or other automated or manual means to access the Mobile Applications or copy any Content or information on the Mobile Applications.
21. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the GDOT Website and GDOT Mobile Application.

We reserve the right to take whatever lawful actions we may deem appropriate (whether at law or in equity) in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. GDOT will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users who violate the Terms of Use and may disclose your information to such law enforcement officials and/or agencies as may be required by law.

IX. Right to Monitor

We do not monitor general use of the GDOT Mobile Application under normal circumstances. We do reserve the right to monitor such use for abuse and fraud, and to remove any materials that may be illegal, subject us to potential liability, violate these Terms of Use or other applicable policies or laws or otherwise be deemed inappropriate or offensive in our discretion. We also review, process and verify, as applicable, information and data submitted to us for certain Products available on or through the GDOT Mobile Application consistent with the terms of our Privacy Notice.

X. Links to Third-Party Offerings

The GDOT Mobile Application may contain information and links to other sites and offerings owned, operated or provided by parties other than us. Such information, links and access are provided only for ready reference, ease of use and/or your consideration. We may remove a link at any time in our sole discretion for any reason whatsoever. We do not control such third-party products, websites or offerings, and we are not responsible or liable for their terms of use, privacy practices, operation, content or accuracy. We do not endorse these sites, products or the content or services provided there. We accept no liability for any information, products, advertisements, content, services or software accessible through these third-party offerings, for business and/or privacy practices of any third-party, for any action you may take or for any damages or losses you may incur as a result of linking to any such offering. Any opinions, statements, services or other information expressed or made available by users or third-party suppliers on the GDOT Mobile Application are solely those of such users or third-party providers, and do not reflect the views, positions, or policies of GDOT.

YOU AGREE THAT YOUR USE OF LINKED THIRD-PARTY SITES, OFFERINGS AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES APPLICABLE TO SUCH SITES, OFFERINGS AND RESOURCES. GDOT DOES NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR SUCH SITES, OFFERINGS, OR RESOURCES, AND HAS NO LIABILITY FOR YOUR USE OF THEM OR PRODUCTS PURCHASED THEREON.

XI. Reservation of Rights

We reserve the right in our sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the GDOT Mobile Application or any portion thereof, (iii) to remove any Content from the GDOT Mobile Application, and/or (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the GDOT Website, any subscription or access to the GDOT Mobile Application or any third-party services or links available through the Mobile Applications. We are not liable to you or to any third-party for any such modifications, suspensions or discontinuances of the GDOT Mobile Application, subscriptions, access or third party services or links.

XII. GDOT Mobile Application Privacy Notice

Please see our Privacy Notice available on the applicable GDOT Mobile Application for information about our practices and procedures for personal information we collect. Please also note and see the separate privacy policies for our vendors providing third-party licensed products and services through the GDOT Mobile Application.

XIII. Warranty Disclaimer

The Content and other information contained on the Mobile Applications is not intended to constitute advice or recommendations upon which you may rely. We make no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Mobile Applications. Users relying on Content or other information from the Mobile Applications do so at their own risk.

The information and descriptions contained in the GDOT Mobile Application applicable to third party software available through the GDOT Mobile Application is provided solely for general informational purposes. Should you desire to license any third-party software through the GDOT Mobile Application, you must refer to the third party’s rules and limitations and any accompanying information for additional rules and proper use, as well as any special terms of sale and other information posted at the point of such access.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS, SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND GDOT, ITS LICENSORS AND PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MOBILE APPLICATIONS, INCLUDING CONTENT CONTAINED HERE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE MAKE NO WARRANTY AND MAKE NO REPRESENTATION OF ANY KIND THAT THE MOBILE APPLICATIONS WILL BE TIMELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE VIRUS-FREE OR ERROR-FREE, BE COMPATIBLE, OR THAT ANY SUCH ERRORS, DEFECTS, OR PROBLEMS WILL BE CORRECTED.

XIV. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, , IN NO EVENT WILL (A) WE OR ANY OF OUR LICENSORS OR PROVIDERS, AFFILIATES OR SUCCESSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS, ARISING FROM OR RELATING TO YOUR USE OR THE INABILITY TO USE THE MOBILE APPLICATIONS, PRODUCTS, SERVICES OR CONTENT, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE MOBILE APPLICATIONS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR THE USE OF THE MOBILE APPLICATIONS. [SOME STATES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.]

XV. Indemnification and Hold Harmless

You agree to indemnify, defend, and hold harmless GDOT, our members, affiliates, providers, partners (and each of their respective successors and assigns) and the officers, directors, partners, shareholders, agents, licensees and employees of each of the foregoing from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees, that may, at any time, arise out of or relate to your use of the GDOT Mobile Application, whether such use is authorized or unauthorized, lawful or unlawful, any Content, your breach of these Terms of Use, your inability to access the GDOT Mobile Application or any third-party products or services available on or through the GDOT Mobile Application, the use of any linked websites, your reliance on any errors or omissions on the GDOT Mobile Application, or the propagation and/or contraction of any computer virus in connection with your use of the GDOT Mobile Application, licensed third party software, or the GDOT Mobile Application Content.

XVI. Force Majeure

Neither party will be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

XVII. Notices

Any notices to you from us regarding the GDOT Mobile Application or these Terms of Use will be posted on the GDOT Mobile Application and/or the GDOT Website.

XVIII. Electronic Communications

When you visit the GDOT Mobile Application or send or accept electronic messages through the GDOT Mobile Application, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the GDOT Mobile Application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

1. The GDOT Website and GDOT Mobile Application may give you the option to communicate with GDOT or to receive communications from GDOT using SMS (Short Messaging Service) or text messaging. If you choose to “opt-in” for text messaging communications with GDOT through the GDOT Website or GDOT Mobile Application, you are consenting to receive text messages from GDOT on your mobile electronic device.
2. You may “opt-out” of text messaging communications with GDOT at any time. Just text “STOP” in response to any text message you receive from GDOT. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and GDOT will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program in the GDOT Mobile Application, you can reply to a GDOT text message with the keyword HELP for more assistance, or you can get help directly at [support email address or toll-free number].
4. Wireless providers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. The frequency of text messages sent by GDOT using the GDOT Mobile Application may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our GDOT Privacy Notice.

XIX. Entire Agreement

The Terms of Use, including the additional and/or special terms referenced herein and/or provided with certain third-party products and services, and the GDOT Privacy Notice constitute the entire agreement between us and you in connection with your use of the GDOT Mobile Application, including your purchase, play or license of third-party products and services available through the GDOT Website, and supersedes any prior agreements between GDOT and you regarding the same, including prior versions of any of the Terms of Use.

XX. Governing Law; Jurisdiction; Venue; Severability of Provisions

These Terms of Use are governed by the laws of the State of Georgia and controlling United States Federal law without regard to any conflicts of law provisions. In the event of a conflict of law between Georgia and Federal law, Federal law shall prevail to the extent of the conflict. Pursuant to applicable law, specifically including, without limitation, the Georgia Open Records Act, certain information submitted to us in connection with the GDOT Mobile Application or certain services and other purposes shall be regarded as matters of public record and may be released by us. All parts of these Terms of Use apply to the maximum extent permitted by law. Both parties agree that if either party cannot enforce a portion of these Terms of Use as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to any services, software, or product, these Terms of Use, or any of them is subject to the exclusive jurisdiction of the Superior Court of Fulton County, Atlanta, Georgia, and you hereby consent and submit to the personal jurisdiction of such Court and waive any objections thereto.

XXI. Password Accounts, Passwords and Security

If you have been given the option to open an account on the GDOT Mobile Application that will provide you with access to password protected portions of the GDOT Mobile Application and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, which may include without limitation: (i) your name, (ii) your business name and mailing address, (iii) your address and phone number, (iv) date of birth, , and (v) email address. During the registration process, you may be required to choose a username and password. You acknowledge and agree that we may rely on this password to identify you. Your account is personal to you and should not be used by any other person. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account regardless of whether you authorized such access or use. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses we or another party incur due to someone else using your account or password. You may not use anyone else’s account at any time.

XXII. No Agency Relationship

Neither these Terms of Use nor your use of or access to the GDOT Mobile Application creates any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

XXIII. Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

XXIV. How to Contact Us

If you have any questions about these Terms, our use of your geolocation data or how to discontinue our access to your geolocation data, please contact us by email at GDOTPrivacy@dot.ga.gov or visit our Contact Us page at www.dot.ga.gov/GDOT/pages/ContactUs.aspx​​​​