NEXPRESS ® PASSENGER CUSTOMER

(TERMS OF SERVICE)

I agree to use NEXPRESS® in accordance with the terms and conditions of the NEXPRESS® Customer Agreement, as revised March 2016. I understand that these terms and conditions are subject to change. The Detroit Windsor Tunnel LLC reserves the right to change, delete, limit, or modify, at any time, any terms of this agreement without advance notice. I understand that it is my responsibility to keep all my account information (e-mail and mailing addresses, credit card information) up to date. I understand that the NEXPRESS ® TOLL Card & Windshield Tag will allow passenger car passage through the Windsor and Detroit Tunnel Toll Plazas and that the charges will be deducted from my NEXPRESS® TOLL prepaid account. I understand that I am responsible for all charges associated with my NEXPRESS® TOLL prepaid account and that the authorized or unauthorized use of my NEXPRESS ® TOLL Card or Windshield Tag by any other person does not relieve my liability for any charges incurred. I understand that I am entering into a legal and binding contract with the Detroit Windsor Tunnel LLC (herein and after referred to as “the Tunnel”), and I confirm that I am 18 years old or older and hereby agree to follow the terms and conditions herein.


NEXPRESS® TOLL CUSTOMER AGREEMENT: TERMS AND CONDITIONS

The following is the agreement between the parties relating to the use of the NEXPRESS® TOLL. The word "we", "us", "our" means the Detroit Windsor Tunnel LLC, ("Tunnel").

Definitions:

1. "Account" is the NEXPRESS® TOLL account that is established by this agreement with the Tunnel and that is maintained for the purpose of deducting tolls and fees.

2. "Card" is the NEXPRESS® TOLL Card issued by the Tunnel.

3. “Windshield Tag” is the NEXPRESS® TOLL transponder issued by the Tunnel.

4. "Prepaid TOLL" is the initial charge and subsequent charges made to your chargeable credit card to replenish your account for the deduction of applicable tolls and fees.

5. "Replenishment Charge" is the amount charged to replenish an account that has reached the Replenishment Threshold.

6. "Replenishment Threshold" is the minimum balance that must be maintained before a replenishment charge is made to your chargeable credit card.

7. "Toll Violations" are trips made through a Toll Plaza with a deactivated Card or Windshield Tag or without paying the proper toll.

Use of the NEXPRESS ® TOLL Card & Windshield Tag

Receipt of this Agreement shall be acknowledgment and acceptance by the User of the Terms and Conditions of this Agreement. If the User is not in agreement with the Terms and Conditions, the User is to cease using the NEXPRESS® TOLL Card/Windshield tag and to return the card to the Tunnel.

The Account agrees

1. To properly use NEXPRESS® TOLL in accordance with the program’s guidelines.

2. To be responsible for any TOLL Violations that occur during the use of your NEXPRESS ® TOLL Card or Windshield Tag.

3. Not to proceed through any toll lane unless the signal light is green or yellow. If you do not receive a green or yellow light, you must pay the applicable toll by cash or credit card in order to proceed through the gated lane.

4. At all times to maintain a current and chargeable credit card (with a current expiration date) on your NEXPRESS® TOLL account. Failure to maintain a current and chargeable credit card with a current expiration date may result in the closing of your NEXPRESS® TOLL Account.

5. To inform the Tunnel in writing of any changes to the information set forth on your NEXPRESS® TOLL Account application. This information includes but is not limited to any change in your credit card, your credit card number and expiration date, your address or your telephone number.

6. To pre-pay to the Tunnel the following amount by credit card or check when you submit your application: Prepaid Toll Amount: $100.

7. Returned or NSF checks are subject to a bank charge of $35.00.

8. That a fee equal to the applicable toll charge will be deducted from your account each time a Card or Windshield Tag is used to gain access or exit through a toll collection area.

9. To authorize the Tunnel to automatically charge a replenishment charge of $100 or an amount selected by you to your chargeable credit card when your account reaches or falls below the applicable Replenishment Threshold of $10.

10. If I elect auto renewal option, I understand that it is my sole responsibility to request, by contacting the Tunnel's NEXPRESS Help Desk, removal from this auto renewal program, prior to the next renewal process. Once renewed, no refunds or credits will be issued.

11. To maintain a Prepaid Toll Balance to cover applicable tolls and charges.

12. Once money has been put into my account I understand and accept that no credits or refunds will be issued under any circumstances.

Your NEXPRESS® Windshield Tag or NEXPRESS® Card may NOT be used when towing a trailer or another vehicle you must use an Attended (Full Service) lane and pay with cash or credit card.

Enrollment

1. Each NEXPRESS® TOLL Account is limited to one (1) Card or two (2) Windshield Tags issued at no charge when the account is created. Specify which you want on your application.

2. Additional NEXPRESS® TOLL Cards and Windshield Tags may be purchased for a fee.

3. On the NEXPRESS® TOLL application you will have the option to pay in either U.S. or Canadian currency.

4. Payments on NEXPRESS® TOLL Card or Windshield Tag are nonrefundable. Balances are transferable to a new Card or Windshield Tag if lost or stolen.

NEXPRESS® TOLL Rates

NEXPRESS® TOLL Rates are subject to change. Visit www.dwtunnel.com for a list of current rates.

Itemized Statements

View your monthly statements online at http://www.dwtunnel.com.

Lost or Stolen Card or Windshield Tag

If your NEXPRESS® TOLL Card or Windshield Tag is lost or stolen, you must notify the Tunnel immediately so we can deactivate it. Any charges made against lost or stolen passes will be my responsibility until I have notified the Tunnel's NEXPRESS Help Desk. I understand that such notification must be made in writing to the Tunnel's NEXPRESS Help Desk, and I further understand that Toll Booth Attendants are not authorized to receive verbal notification or to modify accounts in any way. Until you notify us that your NEXPRESS® TOLL Card or Windshield Tag is lost or stolen, we may continue to deduct from your account (and continue to charge your credit card as provided in Section 2 above) any fees incurred through use. Once you notify us that the Card or Windshield Tag has been lost or stolen, we will deactivate it so it can no longer be used. There is a $10.00 fee for each replacement NEXPRESS® TOLL Card and a $5.00 fee for each replacement Windshield Tag.

Defective Card

If the Card or Windshield Tag is defective due to wear and tear, you must notify us immediately, and we will mail you a new Card or Windshield Tag at no charge and provide you with a postage paid envelope in which to return the defective Card or Windshield Tag to us. You acknowledge that we have not made, AND WE EXPRESSLY DISCLAIM, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE CARD (INCLUDING WITHOUT LIMITATION, ANY IMPLIED OR EXPRESSED WARRANTY OF MERCHANTABILITY, and FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO MODELS OR SAMPLES).

Closing Account

Your account may be closed at any time with or without cause and in such instance you will be notified, by e-mail at the address that you have on file. You may close your account at any time by submitting a written request to close your account. Unused balances on your account are not refundable. If your account remains unused for a period of three years or more, the Tunnel may at its discretion, close the account.

Violations of Terms and Conditions

Failure to abide by any of the terms and conditions of this agreement may result in the termination of this agreement. The Tunnel reserves the right to terminate this account and deactivate the Card(s) or Windshield Tag(s) issued under this agreement for failure to abide by any of the terms and conditions of this agreement. Any trips made through a Toll Plaza with a deactivated Card or Windshield Tag or without paying the proper toll will result in a charge of the applicable tolls. The Tunnel reserves the right to report delinquent accounts to courts of jurisdiction or to an authorized credit bureau.

General Provisions

1. You agree to indemnify the Tunnel against all damage, loss, cost, expense or liability that relates to misuse or unauthorized use of the Card or Windshield Tag. The Tunnel does not make and expressly disclaims any representation or warranty, express or implied, relating to the NEXPRESS® TOLL Card or Windshield Tag (including, without limitation, any implied or express warranty of fitness for a particular purpose or conformity to models or samples).

2. The Tunnel may change this Agreement by posting any new terms on our website. If the Card or Windshield Tag is used after new terms are posted on our website, you will be bound by the new terms. Notice will be deemed to have been received by you five days after being posted online at www.dwtunnel.com.

3. If for any reason your account is insufficient to pay any amounts payable by you to us, you will remain liable to us for such amounts.

4. In no event shall the Company be liable for any direct, indirect, special, consequential, or other damages arising out of the use of NEXPRESS Toll or the Tunnel's website. This includes, without limitation, lost profits, business interruption, damage to equipment, computer systems or programs, or any information system, or the loss of any information or data.

5. I understand the toll collection system is fully computerized and in the unlikely event the automatic operation is out of service, for any reason either natural or man-made, I may not be able to use my pass and may have to pay for each crossing at the posted cash rate until the computer system is back in service.

6. This Agreement binds and benefits you and the Tunnel and its successors and assigns. You cannot assign your rights or obligations under this agreement.

7. This Agreement shall be deemed to have been executed in Wayne County, Michigan, and in Essex County, Ontario and all questions of interpretation shall be governed by, and construed in accordance with the laws of the State of Michigan and/or the Province of Ontario.

8. The invalidity of any term or terms of this Agreement shall not affect any other term of this Agreement, which shall remain in full force and effect.

Contact Information:

NEXPRESS ® Help Desk
Detroit Windsor Tunnel LLC
100 East Jefferson
Detroit, Michigan
48226

OR

NEXPRESS ® Help Desk
Detroit Windsor Tunnel LLC
555 Goyeau
Windsor, Ontario
N9A 1H1









Phone: (313)567-4422, or 519-258-7424, ext.200
Fax: (313)567-2565
Email: NEXPRESS helpdesk@dwtunnel.com
Web: www.dwtunnel.com