OKLAHOMA TURNPIKE AUTHORITY PIKEPASS LICENSE AND USE AGREEMENT
- LICENSE:
Subject to the terms of this License and Use Agreement (“Agreement”), the Oklahoma
Turnpike Authority (“OTA”) grants you a non-exclusive, revocable license to use
the OTA’s electronic toll payment system (“PIKEPASS”) on the OTA’s Turnpike System
(“Oklahoma Turnpikes”) and at other OTA authorized facilities (“Authorized Facilities”).
The purpose of this Agreement is to allow you to electronically pay tolls and other
authorized services through an account (“Account”) you open and maintain with the
OTA.
This Agreement replaces and supersedes all previous agreements and is the sole instrument
defining your use of PIKEPASS. If the terms of this Agreement are not acceptable
to you, you should discontinue your use of PIKEPASS immediately and close your Account
in accordance with Section 4.7.
Use, retention, or permitting others to use your PIKEPASS transponder constitutes
acceptance of these terms and is equivalent to signing this Agreement. The OTA may
alter, amend or otherwise change the terms and conditions of this Agreement at any
time. If any part of this Agreement is determined invalid, all other parts remain
in full force and effect. Failure to comply with the terms of this Agreement may
result in the termination of your Account and this Agreement. The laws of the State
of Oklahoma govern this Agreement. The Agreement currently in force may be viewed
at www.pikepass.com.
- USE OF PIKEPASS:
-
Your PIKEPASS transponder must be mounted directly to the front windshield inside
your vehicle or to the bumper (when using an external PIKEPASS transponder). You
may obtain mounting guidelines appropriate for the type of vehicle and type of PIKEPASS
transponder (permanent internal sticker, internal portable or external) by contacting
the PIKEPASS Customer Service Center (“CSC”) or visiting www.pikepass.com. If you fail to properly mount your PIKEPASS
transponder, it may not work properly and result in System Matched Transactions,
Violation Tolls, citations and termination of this Agreement. The OTA may not provide
adjustments to your Account for System Matched Transactions or Violation Tolls caused
by an improperly mounted PIKEPASS transponder (see Sections 4 and 5). PIKEPASS transponders
may not work in all makes and models of vehicles. You are responsible to ensure
that the proper PIKEPASS transponder is utilized for your specific make and model
vehicle. Contact the CSC or visit www.pikepass.com for further information regarding vehicles known to have compatibility
problems with PIKEPASS transponders.
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You agree to comply with all applicable traffic laws of the State of Oklahoma and
the rules and regulations of the OTA while traveling Oklahoma Turnpikes.
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If your Account does not have a sufficient balance to pay the toll, you agree to
pay the toll via the automatic coin machine or toll collector (cash) lanes until
your Account balance is replenished. When you pay your toll with cash while an active
PIKEPASS transponder is installed on your vehicle, your Account may be charged a
duplicate toll by the electronic toll collection system. You agree to review your Statement of Toll
Activity (“Statement”) and notify the OTA of any duplicate toll charges within 30
days of the Statement Delivery Date (defined as the last day of the month following
the period displayed on the Statement). The CSC may not credit your Account for
duplicate tolls unless a valid cash receipt is provided to the CSC. Cash receipts
are not available at all locations or at all times of day. No credit or refund will
be given for duplicate tolls where cash receipts are not available.
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Vehicle classification is determined by the number of axles on your vehicle. You
shall only use your PIKEPASS transponder in the classification of vehicle for which
it is registered. If you transfer a portable PIKEPASS transponder to a different
vehicle classification or if your vehicle temporarily changes classifications (vehicles
with trailers), contact the CSC or visit www.pikepass.com for further details. If the OTA observes or
detects that your vehicle is not identified with the appropriate classification
associated with your PIKEPASS transponder, the OTA reserves the right to change
the vehicle classification(s) for the associated toll transactions. Toll transactions
involving such changes will be identified on your Statement. The OTA will notify
you if a permanent reclassification of your vehicle is necessary. You agree to this
method of calculating toll charges. You further agree to review your Statement and
notify the OTA of any toll charges resulting from an inaccurate vehicle classification
within 30 days of the Statement Delivery Date.
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Certain Oklahoma Turnpikes require that your PIKEPASS transponder is read at both the entry
and exit location points to calculate the toll charge based on your actual travel. These matching
turnpikes include the Turner, Will Rogers, Creek, Kilpatrick and Cherokee. If your PIKEPASS
transponder is not read at both the point of entry and point of exit on these turnpikes,
the PIKEPASS system will complete the transaction utilizing the known read location(s) and
will calculate the toll charge accordingly, up to and including the maximum toll for that
turnpike based on the classification of your vehicle. These transactions are referred to as
“System Matched Transactions” and will be identified on your Statement. On all other Oklahoma
Turnpikes your PIKEPASS transponder is read at barrier locations and the toll charge is based
on a defined distance regardless of your actual travel. At certain locations on barrier turnpikes,
you are required to travel through the attended cash toll lane to inform the toll collector that
you are entering or exiting. These barrier turnpike locations include the Cimarron at US 177 and
at SH 99, H.E. Bailey at Walters and Indian Nation at Antlers, and will be further identified with
signage directing you to stop and inform the toll collector that you are entering or exiting.
You agree to these methods of calculating toll charges. You further agree to review your Statement
and notify the OTA of any toll charges inconsistent with your travels within 30 days of the Statement
Delivery Date. The CSC may not make adjustments to your Account if you fail to notify the OTA within
this time period.
- VEHICLE INFORMATION:
-
You are responsible to provide and maintain accurate vehicle information concerning
your Account, including but not limited to vehicle make, model, year, number of
axles, license plate number and issuing state.
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You are responsible to ensure that your vehicle’s license plate number is readable
and not obscured.
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You are responsible for all tolls assessed to vehicle(s) registered in your name
or PIKEPASS transponder(s) assigned to your Account until such time as you notify
the OTA that you have disposed of the vehicle and/ or that permanently mounted PIKEPASS
transponder(s) should be deactivated from your Account.
- THE ACCOUNT:
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Prepaid Toll Amount: The Prepaid Toll Amount is not a deposit.
It is a prepayment of tolls you will incur while traveling on Oklahoma Turnpikes or toll roads
maintained by Interoperable Toll Authorities. You agree to maintain the Prepaid Toll Amount to
cover all authorized charges, service fees, and penalties charged to your Account. The OTA may
periodically analyze your Account activity and reserves the right to adjust the Prepaid Toll
Amount necessary to maintain your Account. You will not receive interest on your Account balance.
The applicable toll, established by the OTA, is calculated at the entry/exit points
and mainline/barrier plazas and deducted from your Account each time your PIKEPASS
transponder is used on the Oklahoma Turnpike System. You may obtain a current schedule
of toll rates by contacting the CSC or visiting www.pikepass.com. The applicable fees associated with other
OTA Authorized Facilities can be obtained by contacting those facilities.
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Credit/Debit Card and Direct Debit Bank Draft (Auto Charge) Accounts:
If your Account is paid with a Credit/Debit Card or Direct Debit Draft, your Account
will be replenished automatically by a charge to your authorized credit/debit card
or bank account when your Account reaches a minimum balance established by the OTA.
The charge will be in an amount sufficient to replenish the Prepaid Toll Amount
to your Account.
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Cash, Check, and Money Order (Manual Replenishment) Accounts: If
your Account is paid with Cash/Check/Money Order, you will receive a “Payment Request”
when your Account reaches a minimum balance established by the OTA. Upon receipt
of a “Payment Request”, you are required to replenish your Prepaid Toll Amount by
paying the amount requested. Your payment must be received and posted before your
Account balance reaches zero. An overdrawn account may result in the termination
of your Account and this Agreement. If you have provided a security credit/debit
card, such card will only be charged when the Account is overdrawn for 44 consecutive
days.
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Account Changes, Updates and Privacy: You must inform OTA immediately,
in writing, by phone, or internet of any changes to your PIKEPASS Account information,
i.e. address, phone number, vehicle description, number of axles, vehicle license
plate number, credit card expiration, etc. Failure to do so may result in Violation
Tolls, citations, incorrect toll charges, service charges and/ or penalties. You
can access www.pikepass.com to
update your Account information. Use of www.pikepass.com for such updates shall be deemed consent to modify your information
within the OTA record system, and in the case of a change in credit/debit card information,
authorization for the OTA to charge that credit/debit card for the amounts necessary
to satisfy your obligations under this Agreement. In order to protect the privacy
of your information, the OTA will require that you provide an Account Access Code.
The OTA may also require that you provide additional verifying information to access
your Account. The OTA reserves the right to deny any requested changes to your Account
if you are not able to provide the Account Access Code or verifying information.
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Negative Accounts: If your Account balance is negative, you may
not receive applicable discounted PIKEPASS toll rates. If your Account balance remains
negative for more than 90 consecutive days, your Account will be terminated and
your PIKEPASS transponder(s) will be deactivated. Such Accounts will be forwarded
to external collections which may affect your credit rating. Collection fees may
be assessed.
If your Account balance is equal to or less than $0.00, the PIKEPASS transponder(s)
on your Account will not be valid for use on any Interoperable Toll Authority toll
road system (See section 6. Interoperability, below).
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Lost, Stolen or Damaged PIKEPASS: If your PIKEPASS transponder
is lost or stolen or if a vehicle assigned to your Account is stolen, it is your
responsibility to notify the OTA immediately. Any use of a lost or stolen PIKEPASS
transponder is your responsibility until you report the loss or theft to the OTA.
The OTA will deactivate the PIKEPASS transponder upon such notification and you
will not be responsible for future PIKEPASS activity. If it is later found that
you are using a reportedly stolen and deactivated PIKEPASS transponder or reportedly
stolen vehicle, the OTA reserves the right to reinstate the PIKEPASS transponder
and charge your Account for all intervening activity. In the event a PIKEPASS transponder
is recovered by you, the OTA reserves the right to apply toll charges to the Account
that were incurred while the PIKEPASS transponder was reportedly lost or stolen.
A damaged PIKEPASS transponder is not covered by any warranty. For purposes of this
Agreement, damage is defined as the rendering of the PIKEPASS transponder defective
or inoperable due to tampering, abuse, improper use, defacement, or accidental destruction.
Removal of a permanently mounted PIKEPASS transponder sticker from the windshield
renders it useless.
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Termination of License and Refunds: OTA may terminate this Agreement
at any time for any reason. You may terminate this Agreement at any time by making
a request in writing. Upon termination of this Agreement, OTA will refund any remaining
Account balance after toll payments and any other fees have been deducted. Refunds
will be issued approximately 30 days after this Agreement is terminated and your
Account is closed.
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Other Fees: Service fees and other charges may be deducted from
your Account for additional services that are required to maintain your Account.
Other Fees established by OTA will be charged to your Account based on a fee schedule
which may be obtained by contacting the CSC or visiting www.pikepass.com.
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Dispute of Charges: Questions regarding possible toll charge errors,
System Matched Transactions, Violation Tolls, changes in vehicle classification or
any other information about your Account should be directed to the CSC. Disputes concerning
charges to your Account should be submitted to the CSC within 30 days of the Statement
Delivery Date. Disputed charges made more than 30 days after the Statement Delivery
Date must be submitted in writing for the OTA’s further consideration. Account adjustments
may not be made for requests received more than 30 days after the Statement Delivery Date,
including but not limited to disputed charges relating to System Matched Transactions,
Violation Tolls and vehicle reclassification(s).
Questions concerning toll transactions posted on your PIKEPASS Statement as a result of using
your PIKEPASS transponder at an Interoperable Toll Authority should be directed to the CSC of
the specific Interoperable Toll Authority where the turnpike travel took place. Disputes regarding
toll transactions posted on your PIKEPASS Statement as a result of Interoperable Toll Authority
transactions should be directed to the PIKEPASS CSC within 30 days of your PIKEPASS Statement Delivery
Date. The PIKEPASS CSC will assist you to help resolve disputed transactions and submit necessary
adjustments for posting to your PIKEPASS Account.
- VIOLATION TOLLS:
In cases where a PIKEPASS transponder is not identified at any toll location on
the OTA Turnpike System but your vehicle’s license plate is recorded, the OTA will
complete the transaction utilizing your vehicle’s recorded location(s) and will
calculate the toll charge accordingly, up to and including the maximum cash toll
rate for that turnpike based on the classification of your vehicle. These transactions
(“Violation Tolls”) will be identified on your Statement. You agree to this method
of calculating toll charges. You further agree to review your Statement and notify
the OTA of any toll charges inconsistent with your travels within 30 days of the
Statement Delivery Date. Your Account is subject to administrative charges and other
fees for the processing of Violation Tolls.
- INTEROPERABILITY:
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If you maintain a PIKEPASS Account balance above $0.00, prior to and during travel
on an Interoperable Toll Authority toll road system, your PIKEPASS transponder(s)
may be used at OTA Authorized Facilities and Interoperable Toll Authorities to
electronically pay for tolls, parking and other services. In the event that your PIKEPASS
transponder is not read by the Interoperable Toll Authority, your license plate may be used
if it is assigned to a valid transponder issued to your account. You authorize the OTA to
share your Account contact information with such facilities and authorities. Contact the CSC
or visit www.pikepass.com for a listing
of such facilities and authorities or to request that your PIKEPASS account be opted-out of
interoperability.
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Interoperable Toll transaction charges will be deducted from your Account Prepaid Toll Amount.
These transactions will be identified on your Account Statement separately from your Oklahoma
turnpike travel and will not qualify for the PIKEPASS Volume Discount program. You must maintain
your Account Prepaid Toll Amount to cover all toll charges to your Account.
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Use of your PIKEPASS transponder at an Authorized Facility or travel on an Interoperable
Toll Authority's turnpike system subjects you to the terms/conditions and rate structure
set by such facility or authority. The Authorized Facility or Interoperable Toll
Authority, in its sole discretion, may refuse to accept your PIKEPASS transponder
as a method of payment.
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In the event that you maintain a separate account with an Interoperable Toll Authority and use a toll
transponder issued by that authority in your vehicle at the same time as your PIKEPASS transponder, it
is possible that you will incur duplicate toll transactions charged to each Account for the same turnpike
travel. You agree to review your respective toll statements, identify any duplicate charges and bring
them to the attention of the PIKEPASS CSC within 30 days of your PIKEPASS Statement Delivery Date.
- MISCELLANEOUS:
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OTA is not liable for the performance of your PIKEPASS transponder. You agree to
hold the OTA harmless against all claims of damage, loss, cost, expense or liability
that in any way relates to your use of or the performance of your PIKEPASS transponder,
including any System Matched Transactions or Violation Tolls.
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You agree to pay all costs, including but not limited to attorney’s fees, court
costs, etc., incurred by the OTA to enforce the terms and conditions of this Agreement.
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If you become the subject of any bankruptcy proceeding under the Bankruptcy Act
or become insolvent, the OTA may terminate this Agreement and deactivate your PIKEPASS
transponder(s). You remain liable for the payment of all unpaid toll charges and
Other Fees, exclusive of any other remedy provided by law.
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Incomplete PIKEPASS Account applications may not be processed. A valid state issued
document with photo identification in good standing may be required to open an Account.
The OTA reserves the right to reject any PIKEPASS Account application.
Form 1004.rev2019.04.01.EGL