TERMS OF SERVICE FOR PREPASS SERVICES

Last updated: June 4, 2025

*Prior Version: https://prepass.com/terms-of-services

PrePass Safety Alliance, an Arizona non-profit corporation, (the Alliance or we or us or our) offers the PrePass® suite of services (PrePass Services) as further defined below.  The Alliance offers the PrePass Services subject to these Terms of Service for the PrePass Services (PrePass Terms).  The Alliance has a place of business at 101 E. Washington Street, Suite 500, Phoenix, Arizona 85004.

For the PrePass Services:

  • Customer means the legal entity formed in, or the sole proprietor residing in, the United States or Canada that purchases or subscribes to the PrePass Services.
  • End User means an individual authorized by a Customer to access and use the PrePass Services under PrePass’ agreement with the Customer. If you are the Customer and a natural person, then you also are an End User.

When used in these PrePass Terms, you means (as context dictates) the authorized representative of Customer or the End User who uses the PrePass Services.

PLEASE READ THESE PREPASS TERMS CAREFULLY. THESE PREPASS TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR RELATIONSHIP WITH US AND HOW DISPUTES BETWEEN US ARE RESOLVED.  BY INDICATING ACCEPTANCE OF THESE PREPASS TERMS IN THE METHOD AND PLACE REQUESTED HEREIN, YOU REPRESENT TO THE ALLIANCE THAT:

  • YOU ARE LEGALLY COMPETENT TO ENTER INTO AND BE BOUND BY CONTRACTS.
  • YOU UNDERSTAND AND AGREE TO THESE PREPASS TERMS.
  • YOU CONSENT TO THE PREPASS PRIVACY POLICY.

IF YOU ARE ACCEPTING THESE PREPASS TERMS ON BEHALF OF A CUSTOMER, YOU REPRESENT TO THE ALLIANCE THAT YOU HAVE THE AUTHORITY TO BIND CUSTOMER TO THESE PREPASS TERMS. IF YOU DO NOT HAVE THE AUTHORITY OR DO NOT AGREE WITH THESE PREPASS TERMS, YOU ARE NOT AUTHORIZED TO USE THE PREPASS SERVICES.

NOTICE OF ARBITRATION. These PrePass Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through binding arbitration on an individual basis and not as part of any class or representative action. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court) and to waive the right to a trial by jury.

1. KEY DEFINITIONS

For your convenience, many of the capitalized terms that we use in these PrePass Terms are defined in this Section 1:
  • Alliance Device means any transponder or other electronic device, software and equipment, including any item bearing the PrePass® logo, issued to you by or on behalf of the Alliance.
  • App Platform means Apple App Store, Google Play, or another online store through which the PrePass app is made available.
  • Claim has the meaning given in Section 12.
  • Customer and End User Data means all content and data (including Personal Information as defined in the PrePass Privacy Policy) in any form or medium that is provided by Customer or an End User to the PrePass Services in connection with access to and use of the PrePass Services but excluding Services Data.
  • Fees means the amounts set forth in the Fee Schedule set forth in the Supplemental Terms, some of which are automatically renewing and require recurring payments at the stated frequency.
  • PrePass app means PrePass’s mobile application used to access and use certain of the PrePass Services.
  • PrePass Services means PrePass® Weigh Station Bypass (PrePass® Bypass), PrePass® Plus, PrePass® Tolls, PrePass® Toll Management Services, PrePass® AG and the PrePass app.
  • Services Data means data generated by or derived from access to and use of the PrePass Services.
  • Service Plan means a paid service plan for access to and use of the PrePass Services.
  • Third-Party Data means data about a Customer obtained from third parties, including government agencies, leasing companies, third-party credential processors, consumer credit agencies, a third-party FMCSA registered owner of the DOT number provided and other similar data sources.
  • Third-Party Technology means technology and services provided by a third-party that interoperate with or otherwise support the PrePass Services, such as security and hosting service providers and Third-Party Transponders (defined in Section 5).
  • Third-Party Partners means the third-party technology providers that integrate PrePass Services into their platforms, including as described at Prepass partners.

2. SUPPLEMENTAL TERMS

These PrePass Terms apply to use of the PrePass Services.  The PrePass Services are available at certain open weigh stations, ports-of-entry, agricultural interdiction facilities, parking areas, and/or toll facilities, (as applicable), as well as online.  Fees and some features of the PrePass Services are subject to additional legal terms (Supplemental Terms).  Supplemental Terms are linked and incorporated by reference into these PrePass Terms and presented to you when you create your User Account or otherwise access and use the features of the PrePass Services to which the Supplemental Terms relate.  If any Supplemental Terms conflict with these PrePass Terms, then the provision of the Supplemental Terms controls with respect to Fees or the specific feature of the PrePass Services to which the Supplemental Terms relate.

3. ACCESSING THE PREPASS SERVICES

3.1 Geographic Restrictions

The PrePass Services are intended for access and use only in the United States. You acknowledge that all or some of the PrePass Services are not available outside of the United States.  The Alliance makes the PrePass Services available in compliance with laws applicable to the Alliance and not necessarily in compliance with laws applicable to your specific use of the PrePass Services.  If you access and use the PrePass Services from outside the United States, you are solely responsible for compliance with local laws.

3.2 License to PrePass Services.

Subject to your compliance with these PrePass Terms and applicable Supplemental Terms, the Alliance and its Third-Party Partners and licensors grant you the limited, non-exclusive, non-transferable, non-sub-licensable and revocable right to access and use the PrePass Services, including a limited, revocable, and non-transferable license to install and use the PrePass app on a device you own or have a legal right to use.  Use of the PrePass Services is limited to your internal business purposes.  You may not sublicense, assign or transfer any right or license granted by the Alliance and any attempt to do so is and will be null and void. The Alliance reserves all rights that are not expressly granted in these PrePass Terms.

3.3 User Accounts.

To access and use the PrePass Services, you must create a user account (User Account) through the PrePass Service Center (see Section 14) or as otherwise authorized. To create a User Account, you must (i) be the age of majority or older in your place of residence; (ii) provide all information requested by the Alliance, such as legal name, business name (as applicable), email address, postal address, telephone number, tax identification number, license plate(s) and vehicle information, USDOT information, payment information, and such other information as the Alliance may request from time to time and maintain that information as accurate, current and complete; and (iii) use appropriate safeguards to maintain the confidentiality and security of your User Account.  You accept responsibility for all activities that occur through your User Account. The Alliance may, in its sole discretion, suspend or terminate any User Account if account information is inaccurate, out of date or incomplete (or if the Alliance reasonably believes it is).  If you believe that your User Account is no longer secure, then you must immediately notify the Alliance by email at [email protected].

3.4 User Account Suspension and Termination

The Alliance may suspend, limit, or terminate any User Account as the Alliance deems necessary if the Alliance has a reasonable belief that use of the PrePass Services through a User Account results (or may result in) unauthorized access or use of the PrePass Services, to protect the integrity of the PrePass Services or for similar business purposes.  Any suspension, limitation or termination will remain in effect until the issue is resolved to the Alliance’s reasonable satisfaction. We will use commercially reasonable efforts to notify you in advance of any such suspension, limitation, or termination. You may terminate your User Account by contacting the PrePass Service Center (see Section 14) or through the medium in which you established your User Account.  Upon termination of your User Account, you must immediately cease all use of the PrePass Services. The Alliance will have no liability to Customers or End Users for any period of suspension, limitation or termination of a User Account.  Termination of your User Account does not terminate these PrePass Terms and will not affect any of our rights or your obligations arising under these PrePass Terms. You are and will remain liable for Fees and payment of all fines, penalties, costs and any other amount assessed or owed pursuant to these PrePass Terms and applicable law. 

3.5 PrePass app and App Platforms.

3.5.1 Apple App Store Requirements

If you access and download the PrePass app from Apple’s App Store, you acknowledge and agree that the PrePass Terms are concluded between you and the Alliance only, and not Apple. The Alliance, not Apple, is solely responsible for the PrePass app and content thereof. Your use of the PrePass app must comply with the App Store’s terms and conditions available on www.apple.com/legal/internet-services/itunes/. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the PrePass app. If the PrePass App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the Mobile app, if any, to you and, to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the PrePass app. As between the Alliance and Apple, all other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Alliance. You acknowledge that, as between the Alliance and Apple, Apple is not responsible for addressing any claim that you have or any claim of any third party relating to the PrePass app or your possession and use of the PrePass app. These claims include but are not limited to: (i) product liability claims; (ii) any claim that the PrePass app failed to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the PrePass app or your possession and use of the PrePass app infringes a third party’s intellectual property rights, as between the Alliance and Apple, the Alliance, not Apple, is solely responsible for the investigation, defense, settlement and discharge of the intellectual property infringement claim to the extent required by these PrePass Terms. You and the Alliance acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these PrePass Terms as related to your license of the PrePass app and that, upon your acceptance of these PrePass Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these PrePass Terms as related to your license of the PrePass app against you as a third-party beneficiary thereof. Without limiting any other terms of these PrePass Terms, you must comply with all applicable third-party terms when using the PrePass app.

3.5.2 Other App Platforms Requirements.

You acknowledge and agree that the availability of the PrePass app as part of the PrePass Services depends on the terms of the App Platform from which you access the PrePass app. The Alliance, not the App Platform, is solely responsible for the PrePass app and their content, maintenance, support services and warranty therefor, and for addressing any claim relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You also agree to pay all costs and fees (if any) charged by the App Platform in connection with the PrePass app. You agree to comply with, and your license to use the PrePass app is conditioned upon your compliance with all applicable third-party terms of agreement when using the PrePass Services. You acknowledge that the App Platform (and its subsidiaries) are third-party beneficiaries of these PrePass Terms and will have the right to enforce these PrePass Terms as related to your license of the PrePass app against you as a third-party beneficiary thereof. The App Platform is not and will not be responsible for and will not have any liability whatsoever under these PrePass Terms.

3.6 Beta Services

From time to time, the Alliance may offer Customer and End Users access to “alpha”, “beta” or other pre-release integrations, functionality, features or services related to the PrePass Services (collectively, Beta Services).  Use of Beta Services is optional. Beta Services are not generally available and may contain bugs, errors, defects, or harmful components. The Alliance does not provide any indemnities, security commitments, service level commitments, or warranties, express or implied, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, in relation to the Beta Services. BETA SERVICES ARE OFFERED ‘AS IS’ AND ‘AS AVAILABLE’.  The Alliance has and will have no liability for any harm or damage arising out of or in connection with the Beta Services.  Any use of Beta Services is solely at your own risk. We may terminate your access to Beta Services at any time without or without notice or cause.  Supplemental Terms may apply to Beta Services.

4. CUSTOMER RESPONSIBILITIES

Customer is solely responsible for:

  • Customer’s and End Users’ compliance with these PrePass Terms, including decisions and actions based on use of the PrePass Services by End Users;
  • The lawfulness of Customer and End User Data and User Input and the consequences of providing Customer and End User Data via the PrePass Services;
  • Fees and all costs including Internet connection or mobile fees, incurred when accessing and using the PrePass Services;
  • Compliance with all applicable laws and regulations related to use of the PrePass Services and obtaining all necessary consents, with respect to the PrePass Services and the quality, integrity and lawfulness of all Customer and End User Data;
  • Use of reasonable and appropriate administrative, physical and technical safeguards to protect against unauthorized access to or use of a User Account and the PrePass Services;
  • Reasonably cooperating with the Alliance when the Alliance believes use of the PrePass Services violates law, the PrePass Privacy Policy or any other part of these PrePass Terms; and
  • Unauthorized, illegal or improper access to and use of the PrePass Services and Third-Party Technology by Customer or anyone accessing the PrePass Services through Customer’s User Account.

5. CONDITIONS OF USE

5.1 Use Requirements

Customer understands and agrees that Customer will not (and will use best efforts not to enable an End User or any third party to):

  • copy, modify, frame, mirror or create derivative works or improvements of the PrePass Services and Third-Party Technology;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any of the PrePass Services and Third-Party Technology to any third party, including on or in connection with the Internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
  • reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the PrePass Services and Third-Party Technology, in whole or in part;
  • bypass or breach any security device or protection used for the PrePass Services or access or use the PrePass Services other than through your own User Account;
  • input, upload, transmit or otherwise provide to or through the PrePass Services any Customer and End User Data or other information or materials that are unlawful or injurious to the Alliance or any third party or contain, transmit or activate any virus, worm, malware or other malicious computer code;
  • damage, destroy, disrupt, disable, impair or otherwise impede or harm in any manner the PrePass Services or the Alliance’s provision of the PrePass Services, in whole or in part;
  • remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notice from any of the PrePass Services or Third-Party Technology, including any copy thereof;
  • access or use the PrePass Services or Third-Party Technology in any manner or for any purpose that infringes, misappropriates or otherwise violates any right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other customer) or that violates any applicable law;
  • access or use the PrePass Services for purposes of competitive analysis of the PrePass Services, the development, provision or use of a competing product or service or any other purpose that is to the Alliance’s detriment or commercial disadvantage; or
  • otherwise access or use the PrePass Services and Third-Party Technology beyond the scope of the authorization expressly granted under these PrePass Terms.

5.2 Third-Party Data

You authorize the Alliance to obtain and periodically confirm Third-Party Data to validate your eligibility to use the PrePass Services. On the Alliance’s reasonable request, you agree, at the Alliance’s sole cost and expense, to execute and deliver all documents and instruments, and take all such further actions, as may be necessary to allow the Alliance to obtain Third-Party Data.  All Third-Party Data obtained by the Alliance is Services Data.

5.3 Customer and End User Data

5.3.1   The Alliance does not control how End Users use the PrePass Services or data that End Users submit to or transmit through the PrePass Services.  Without limiting Section 10, the Alliance disclaims all liability that arises in connection with Customer and End User Data. You hereby waive any legal or equitable right or remedy you may have against the Alliance with respect to Customer and End User Data.  You understand that the Alliance may, at any time and without prior notice, view, remove, edit or block any Customer and End User Data that, in the Alliance’s sole judgment violates these PrePass Terms. You acknowledge and agree that the Alliance reserves the right to, and may from time to time, monitor data transmitted or received through the PrePass Services for operational and other lawful purposes. If the Alliance chooses to monitor the PrePass Services, the Alliance assumes no additional responsibility or liability to you or any third party.  Customer and End Users agree that the Alliance may disclose Customer and End User Data as permitted in these PrePass Terms and (i) if the Alliance believes that disclosure is reasonably necessary to comply with any law or a request from a government regulator that the Alliance believes in good faith is lawful, (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of the PrePass Services, (iv) to protect the Alliance, other customers and the public from harm or illegal activities, or (v) to respond to an emergency that the Alliance believes in good faith requires us to disclose Customer and End User Data.  Please see the PrePass Privacy Policy for details about how the Alliance handles Personal Information that is part of Customer and End User Data.

5.3.2   PrePass Bypass Event Data Retention.

5.3.2.1   It is the policy of the Alliance to endeavor to maintain bypass event data in a commercially reasonable manner that would not subject PrePass Customers to a higher level of regulatory compliance screening than non-PrePass Customers. To that end, the Alliance will not provide bypass event data attributable to a specific carrier or vehicle to a third-party without subpoena, as noted below or as otherwise authorized by the PrePass Customer (e.g. to a Customer vendor). The PrePass Safety Alliance owns and may retain all data generated and derived from access to and use of the PrePass Services offerings (“Services Data”), including but not limited to PrePass site screening event data (e.g. bypass event data), for a defined period of time for the purpose of operating the PrePass Services and program.

5.3.2.2   Data Collection – In the normal course of PrePass site operations, all Services Data is owned, collected and retained by the Alliance. This Services Data is retained for multiple purposes and is used as the basis for (including, but not limited to): billing, site operations, and state and site activity reports that are periodically provided to participating state agencies.

5.3.2.3  90 Day Data Retention – Services Data consisting specifically of bypass event data collected during the course of PrePass site operations may be retained for a period not to exceed 90 days beyond the specific event date. At that time, the Alliance may either (i) discard such bypass event data; or (ii) aggregate it at the Customer level by hashing the specific vehicle identification number (VIN). The Alliance may retain the Site ID, the Event Type (red light, green light, no light, station open or closed), month and day of the bypass event to the hour (not the exact time), count of the events, and the pull-in reason (random, weight, credentials, account status). Data will be de-identified with respect to a specific vehicle (as set forth herein) only after (a) payment by or on behalf of the specific carrier of an unprotested billing has been received by the PrePass Service Center, or (b) a protested billing has been resolved.

5.3.2.4    Cumulative Data Retention – All other Services Data and general data that does not relate a specific bypass event to a specific Customer vehicle may be retained indefinitely.

5.3.2.5    Exceptions – Upon request from a law enforcement agency, the President & CEO of PrePass Safety Alliance or the President & CEO’s designated representative may authorize the release of Services Data that is directly related to a felony criminal investigation or emergency, defined as:

  • an actual or impending situation that may cause injury, loss of life or destruction of property;
  • a situation in which a person is dangerous to him/herself or others or at imminent risk of severe physical injury or death; or
  • an event or situation that threatens serious damage to human welfare or terrorism which threatens damage to the security of the country.

5.3.2.6 Additional Services – Any Services Data request pertaining to other PrePass Services, such as PrePass Plus, will be referred to the authoritative source.

5.4 Transponders and Other Devices

5.4.1 Alliance Devices. Use of Alliance Devices also is subject to the Supplemental Terms (including Fees).

5.4.2 Third-Party Transponders. Subject to our prior written authorization, you may use a third-party transponder(s) or electronic device(s) (Third-Party Transponders) with the PrePass Services in accordance with these PrePass Terms and only with vehicles designated by you and approved by us. You must mount, install, and use Third-Party Transponders in accordance with instructions provided by us and these PrePass Terms and, upon our request, provide us with proof of ownership, manufacturer serial number, and any other information about your Third-Party Transponders that we request. In addition to any other Fees, the Alliance reserves the right to assess a monthly Third-Party Transponder fee (per device) for your access to and use of any of the PrePass Services.

5.5 Fees and Payment

Customer agrees to pay Fees on the recurring charge, invoice, late payment and other terms and conditions set forth in the Supplemental Terms.  SOME OF THE FEES ARE AUTOMATICALLY RENEWING AND REQUIRE RECURRING PAYMENTS AT THE AMOUNT AND FREQUENCY DISCLOSED TO CUSTOMER WHEN CUSTOMER CREATES THE USER ACCOUNT. WHERE PERMITTED BY APPLICABLE LAW, RECURRING PAYMENTS WILL CONTINUE UNTIL CUSTOMER CANCELS THE RECURRING PAYMENT OR UNTIL THE USER ACCOUNT IS CANCELLED.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership of Customer and End User Data, Services Data

You are and will remain the sole and exclusive owner of all right, title and interest in and to your Customer and End User Data, including all intellectual property rights relating thereto. You hereby irrevocably grant to the Alliance (and, if applicable, all providers of Third-Party Technology) all rights and permissions in or relating to Customer and End User Data that the Alliance determines necessary or useful to perform the PrePass Services, enforce these PrePass Terms or otherwise exercise the Alliance’s rights and perform the Alliance’s obligations pursuant to these PrePass Terms.  By providing your Customer and End User Data to or through the PrePass Services to other End Users of the PrePass Services, you grant those End Users a non-exclusive license to access and use your Customer and End User Data as permitted by these PrePass Terms and the functionality of the PrePass Services.  You expressly acknowledge that Customer and End User Data excludes Services Data.  In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to the Alliance all right, title and interest you may have in and to Services Data. The Alliance is the sole and exclusive owner of all right, title and interest in and to the Services Data, including all intellectual property rights relating thereto. (Please see the PrePass Privacy Policy for details about how the Alliance handles Personal Information that is part of Customer and End User Data and Services Data.)

6.2 Ownership of PrePass Services

The PrePass Services are licensed, not sold, to you. You do not acquire any ownership or other interest in the PrePass Services other than to use the PrePass Services in compliance with these PrePass Terms. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the PrePass Services provided by the Alliance (PrePass Content) are protected by intellectual property and other laws. All PrePass Content included in the PrePass Services are the property of the Alliance or its Third-Party Partners and licensors.

Except as expressly authorized by these PrePass Terms or otherwise by the Alliance, you may not use the PrePass Content. The Alliance reserves all rights in and to the PrePass Content not granted expressly in these PrePass Terms.

6.3 Ownership of Third-Party Technology

With respect to Third-Party Technology, the applicable third party owns all right, title and interest, including all intellectual property rights, in and to Third-Party Technology. You have no right, license or authorization with respect to Third-Party Technology except as expressly set forth in the applicable third-party license. All other rights in and to the Third-Party Technology are expressly reserved by the applicable Third-Party Partners and licensors.

6.4 User Input

If you choose to provide the Alliance with suggested or recommended modifications or improvements to the PrePass Services or communicate comments, questions or suggestions related to the PrePass Services (User Input), then the Alliance is free to use (but is not required to use) the User Input irrespective of any other obligation or limitation between you and the Alliance that may govern the User Input.  You grant the Alliance a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, fully paid, royalty-free, perpetual, and irrevocable right to use, reproduce, sublicense (through multiple tiers), publicly perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit User Input in any media now known or hereafter developed, for in any manner and for any purpose whatsoever, commercial or otherwise, without any attribution or compensation to you or any third party. All User Input is deemed non-confidential and non-proprietary.

7. CHANGES TO PREPASS SERVICES AND THESE PREPASS TERMS

7.1 Updates to PrePass Services

We are always looking to innovate and make the PrePass Services better. As a result, the Alliance may from time to time update the PrePass Services, including modifications, and other changes to the existing features and operability of the PrePass Services and the Alliance Devices (collectively, Updates). These Updates may occur for various reasons, such as adding or removing functionality, fixing bugs, and addressing issues relating to security or performance. Whenever possible, the Alliance will provide you with reasonable, advance notice (which may include notice by way of posting in User Accounts, on www.prepass.com or via email) of material Updates to enable you to prepare for the Updates. You acknowledge and agree that Updates made to comply with applicable law may not allow the Alliance to provide advance notice of Updates.  The Alliance wants you to use the most recent version of the PrePass Services to ensure you have the latest features, bug fixes and more. You acknowledge that you may be required to install Updates to use the PrePass app or other parts of the PrePass Services and you agree to promptly install Updates. You agree to use the most current version of the PrePass app available via the App Platform.  You acknowledge that the Alliance may only support the most current version of the PrePass app. In some cases, some Updates may be installed automatically. YOU CONSENT TO THE AUTOMATIC INSTALLATION OF UPDATES. You can withdraw your consent at any time by uninstalling the PrePass app and/or by otherwise stopping your use of the PrePass Services.  YOU ACKNOWLEDGE, UNDERSTAND AND AGREE that the PrePass Services and Updates may (i) cause your mobile telephone or other connected equipment to automatically communicate with the Alliance’s (or a Third Party Partner’s) servers to deliver the functionality described in these PrePass Terms and to record Customer and End User Data and Services Data, (ii) affect PrePass app-related preferences or data stored in your mobile device, and (iii) collect Personal Information and other information, as described in the PrePass Privacy Policy. You also acknowledge that your telecommunications services provider may impose data charges when Updates are installed.

7.2 Enhancements

Certain modifications to the PrePass Services that add new features or functionality, or that involve the acquisition of new Alliance Devices or other hardware or software (Enhancements) are made available at the Alliance’s discretion upon the payment of additional Fees, if any.

7.3 Other Modifications to PrePass Services

The Alliance reserves the right to modify, limit or discontinue the PrePass Services at any time (including by limiting or discontinuing certain features of the PrePass Services), temporarily or permanently, by providing reasonable prior notice.  The Alliance may elect to limit, discontinue or deprecate certain functionality or features within the PrePass Services after providing reasonable prior notice through User Accounts, on www.PrePass.com or via email. Whenever possible, the Alliance will provide at least ninety (90) days’ advance notice of deprecation of any material function (and any related support) within the PrePass Services. You acknowledge and agree that deprecations made to comply with applicable law, or directives of any state or quasi-governmental agency to terminate or restrict your use of its highways or resources, may not allow the Alliance to provide advance notice. To the fullest extent permitted by law, the Alliance will have no liability to any third party for any change to the PrePass Services or any suspension or termination of your access to or use of the PrePass Services made in accordance with these PrePass Terms.

7.4 Changes to PrePass Terms

The Alliance reserves the right to modify these PrePass Terms from time to time to reflect changes to the PrePass Services, industry requirements or applicable law. The Alliance will provide reasonable prior notice in advance of material modifications to these PrePass Terms through User Accounts, on www.PrePass.com or via email. If you do not accept the modified PrePass Terms, you have the right to cancel your User Account and terminate these PrePass Terms as detailed in the notice. Otherwise, the modified PrePass Terms will become effective upon your acceptance or ten (10) days after notifying you, whichever is earlier. You agree that the Alliance may notify you of non-material changes to the PrePass Terms by through User Accounts, on www.PrePass.com or via email. You acknowledge and agree that changes to applicable law may prevent the Alliance from providing advance notice.  Customer is responsible for notifying End Users about changes to these PrePass Terms. Continued use of the PrePass Services after the end of the notice period specified in the notice is deemed conclusive acceptance of these PrePass Terms as modified.  Disputes arising under these PrePass Terms will be resolved in accordance with the version of these PrePass Terms in effect at the time the dispute arose.

8. AVAILABILITY OF PREPASS SERVICES

You acknowledge that the PrePass Services, including remote access and mobile notifications, are not error-free or 100% reliable or available. Proper functioning of some of the PrePass Services relies and is dependent on, among other things, wireless mobile data service. The PrePass Services may be interrupted, delayed, refused or otherwise limited for a variety of reasons, such as insufficient coverage, power outages, termination of service, environmental conditions, interference, non-payment of applicable fees, system capacity, repairs, relocations and priority access by emergency responders in the event of a disaster or emergency (Service Interruptions). You understand that Service Interruptions may make the PrePass Services unreliable or unavailable for the duration of the Service Interruption. Although the Alliance uses commercially reasonable efforts to notify you of Service Interruptions, the Alliance cannot and does not guarantee that you will receive these notifications. You agree that you will not be entitled to any refund or rebate for Service Interruptions or suspensions. The Alliance does not generally offer its customers, any specific uptime guarantee for the PrePass Services.

9. INDEMNITY

Customer is responsible for your use of the PrePass Services, and you will defend and indemnify the Alliance and its affiliates and each of their respective officers, directors, members, managers, employees, consultants, Third-Party Partners, licensors and agents (together, the Alliance Entities) from and against any and all Claims brought by a third party, and any related liability, damage, loss and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) unauthorized use or misuse of the PrePass Services by Customer and End Users or other violation of these PrePass Terms by Customer and End Users; (b) the Alliance’s’ use of Customer and End User Data in compliance with these PrePass Terms; and (c) any dispute or issue between you and any third party, including any actual or alleged violation of a third-party intellectual property, publicity, confidentiality, privacy or other legal property. The Alliance reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification (without limiting your indemnification obligations with respect to that matter) and you agree to cooperate with the Alliance’s defense of those Claims.

The Alliance will indemnify, defend, and hold harmless Customer from and against any and all Claims brought by a third party (other than an affiliate of Customer or End User) that Customer’s or an End User’s use of the PrePass Services (excluding Customer and End User Data, Third-Party Transponders and Third-Party Technology) in accordance  with these PrePass Terms infringes or misappropriates such third party’s U.S. patents, copyrights, or trade secrets.

10. WARRANTIES; DISCLAIMERS;

10.1 Alliance Warranties

The Alliance warrants that (i) the Alliance is duly organized and in good standing under the laws of the jurisdiction of its organization, and (ii) the Alliance has all requisite power and authority (corporate or otherwise) to execute, deliver and perform its obligations under these PrePass Terms.

10.2 Customer Warranties

In addition to any other warranty set forth in these PrePass Terms, Customer warrants, on its own behalf and on behalf of Customer’s End Users, that (i) Customer has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant in these PrePass Terms; (ii) when executed by Customer or as otherwise accepted by Customer in accordance with the terms and conditions herein, the PrePass Terms will constitute the legal, valid, and binding obligation of such party, enforceable against Customer in accordance with the terms of the PrePass Terms; (iii) Customer will comply with all laws, rules and regulations applicable to use of the PrePass Services, including FMCSA regulations, state and local traffic regulations, laws governing eligibility for bypass at PrePass® locations; (iv) Customer’s employees, officers, directors, independent contractors, service providers and other representatives and agents (Customer Representatives) who access and use the PrePass Services pursuant to a User Account associated with Customer are duly authorized to do so and will comply with these PrePass Terms; and (v) Customer owns or otherwise has and will have the necessary rights and consents in and relating to the Customer and End User Data so that, as received and used by the Alliance in accordance with these PrePass Terms, the Customer and End User Data does not and will not infringe, misappropriate, or otherwise violate any intellectual property, privacy or other rights of any third party or violate any applicable law.

10.3 Waiver and Disclaimers

EXCEPT AS EXPRESSLY STATED IN SECTION 10.1, THE PREPASS SERVICES AND OTHER CONTENT AVAILABLE THROUGH THE PREPASS SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND THE ALLIANCE ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PREPASS SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PREPASS SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ALLIANCE DOES NOT WARRANT THAT THE PREPASS SERVICES OR CONTENT OFFERED THROUGH THE PREPASS SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT PREPASS WILL CORRECT ERRORS. THE ALLIANCE MAKES NO WARRANTY, REPRESENTATION OR COVENANT THAT THE PREPASS SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE ACCURATE OR RELIABLE OR THAT THE ALLIANCE WILL CONTINUE TO OFFER THE PREPASS SERVICES IN WHOLE OR IN PART. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ALLIANCE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PREPASS SERVICES WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE PREPASS TERMS. THE ALLIANCE IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PREPASS SERVICES AND YOUR DEALING WITH ANY OTHER CUSTOMER OR END USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE PREPASS SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT THE ALLIANCE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PREPASS SERVICES) OR ANY LOSS OF DATA, INCLUDING CUSTOMER AND USER DATA. THE EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ALLIANCE DOES NOT DISCLAIM OR EXCLUDE ANY WARRANTY OR OTHER RIGHT THAT PREPASS IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. TO THE EXTENT ANY OF THE EXCLUSIONS AND DISCLAIMERS CONFLICT WITH APPLICABLE LAW, THE SCOPE AND DURATION OF THE WARRANTIES APPLICABLE TO THE PREPASS SERVICES WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.

11. LIMITATION OF LIABILITY

IN NO EVENT WILL THE ALLIANCE ENTITIES BE LIABLE TO YOU OR A THIRD PARTY ACCESSING OR USING THE PREPASS SERVICES PURSUANT TO YOUR ACCOUNT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PREPASS SERVICES OR ANY CONTENT ON THE PREPASS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THE ALLIANCE ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ALLIANCE IS NOT RESPONSIBLE FOR LOSS OR DAMAGES ARISING FROM UNAUTHORIZED USE OF ACCOUNT CREDENTIALS UNLESS SUCH LOSS OR DAMAGE ARISES DIRECTLY FROM THE ALLIANCE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR DAMAGES ARISING DIRECTLY FROM THE ALLIANCE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE AGGREGATE LIABILITY OF THE ALLIANCE ENTITIES TO YOU OR ANY THIRD PARTY FOR ACCESSING OR USING THE PREPASS SERVICES PURSUANT TO YOUR ACCOUNT FOR THE PREPASS SERVICES, FOR CLAIMS ARISING OUT OF OR RELATED TO THE USE OF OR ANY INABILITY TO USE THE PREPASS SERVICES OR OTHERWISE UNDER THESE PREPASS TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO $500. THE LIMITATIONS IN THIS SECTION 11 APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ALLIANCE DOES NOT LIMIT OR EXCLUDE ANY LIABILITY THAT IS PROHIBITED FROM BEING LIMITED OR EXCLUDED UNDER APPLICABLE LAW. TO THE EXTENT ANY LIMITATIONS OR EXCLUSIONS CONFLICT WITH APPLICABLE LAW, THE ALLIANCE’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW. THE LIMITATIONS IN THIS SECTION ARE INTENDED TO AND DO ALLOCATE THE RISKS BETWEEN THE ALLIANCE AND YOU UNDER THESE PREPASS TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE ALLIANCE AND YOU. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE PREPASS TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE

You and we agree that any Claim shall be settled exclusively by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable Arbitration Rules and procedures, including the Optional Rules for Emergency Measures of Protection (collectively, the AAA Rules). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the construction, interpretation, and enforceability of this provision notwithstanding any other choice of law provision contained in these PrePass Terms.

The term Claim means any and all disputes, controversies, and claims, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether present or future, that arise out of or relate to these PrePass Terms or the Services, including the alleged breach of these PrePass Terms, the benefits provided by these PrePass Terms, oral or written statements related to these PrePass Terms, the relationships that result from these PrePass Terms, or the scope or enforceability of these PrePass Terms, including the determination of this arbitration provision

PLEASE REVIEW THIS AGREEMENT TO ARBITRATION CAREFULLY. This agreement to arbitrate limits your and our ability to litigate Claims in court, and you and we each agree to waive our respective rights to a jury trial. Any arbitration under this agreement to arbitrate shall take place on an individual basis; class arbitrations and class actions are not permitted. You will not have the right to participate as a class representative, private attorney general, or as a member of any class of claimants for any Claim subject to arbitration. A Claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and us. Any dispute regarding the prohibitions in the prior sentence shall be resolved by the arbitrator in accordance with this agreement to arbitrate.

The arbitration tribunal shall consist of a single arbitrator mutually agreed upon by you and us, or, in the absence of such agreement within 30 days from the first referral of the dispute to the AAA, the arbitrator will be designated by the AAA. The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. You and we understand that in arbitration, discovery is more limited than in a court and review by courts is very limited. You and we agree that the arbitrator shall: (a) limit discovery to non-privileged matters directly relevant to the arbitrated Claim; (b) grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; (c) have authority to grant relief only with respect to Claims asserted by or against you individually; and (d) provide a written statement stating the disposition of each Claim and a concise written explanation of the basis for the award and shall make specific findings of fact and conclusions of law to support any arbitration award. The place of arbitration shall be Maricopa County, Arizona, and you will be given the opportunity to attend the proceeding and be heard. The arbitral award shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding this arbitration provision, you and we retain the right to seek relief in a small claims court in the state or municipality of our respective places of business within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court.

Nothing in this arbitration provision shall limit the right of you or us, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies or to seek judicial assistance to: (a) compel arbitration; (b) obtain provisional or ancillary remedies or measures of protection prior to or pending arbitration; (c) seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to enforce intellectual property rights; and (d) enforce any decision of the arbitrator, including the final award. You and we agree that the taking of these actions or any other participation in such litigation by you or us does not waive any right that either you or we have to demand arbitration at any time with respect to any subsequent or amended Claim filed against you or us after commencement of litigation between you and us. In no event shall you or we be entitled to punitive, exemplary, or similar damages. Unless inconsistent with applicable law, and except as otherwise provided herein, you and we shall each bear the expense of our respective attorney, expert, and witness fees, regardless of whether you or we prevail in the arbitration. The arbitrator will decide whether we or you ultimately will be responsible for paying any fees or other costs in connection with the arbitration under the AAA Rules.

Demand for arbitration under these PrePass Terms must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the Claim also is barred in arbitration. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or other doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with the provisions of these PrePass Terms. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions of this arbitration provision will remain valid and enforceable. This arbitration provision shall survive expiration or any earlier termination of these PrePass Terms.

13. GENERAL TERMS

13.1 Term and Termination

13.1.1 Term. These PrePass Terms are effective on the date on which Customer accepts these PrePass Terms whether in writing or by electronic signature or by continued use of the PrePass Services and will remain in effect until terminated by Customer or the Alliance. 

13.1.2 Termination. Unless stated otherwise within a separate agreement between Customer and the Alliance, Customer or the Alliance may terminate these PrePass Terms, for any reason and without cause, at any time with at least 30 days’ prior written notice to the other party.  The Alliance may terminate these PrePass Terms, effective on written notice to Customer, if Customer violates any rule or regulation issued by a tolling or similar authority or other law applicable to use of the PrePass Services or if Customer fails to pay Fees or any other amount when due hereunder, and such failure continues more than 10 days after the Alliance’s delivery of written notice of non-payment.

13.1.3 Effect of Termination. Upon termination, all rights, licenses, consents, and authorizations granted by the Alliance to Customer and End Users in these PrePass Terms will immediately terminate. Customer and each End User shall immediately cease all use of the PrePass Services, including deletion of the PrePass app.  All Fees become immediately due and payable, and Customer shall pay all previously accrued but not yet paid Fees and other amounts due (such as outstanding toll violations) on receipt of the Alliance’s invoice(s) therefor.

Any right or obligation of the parties in these PrePass Terms that, by their nature, should survive termination of this Agreement, will survive any expiration or termination, including Section 5, Section 9, Section 10.3, Section 11, Section 12 and this Section 13.

13.2 Governing Law

To the extent permitted by applicable law, the laws of the State of Arizonia govern these PrePass Terms, without regard to conflict of law principles.  The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

13.3 Integration

These PrePass Terms, together with the Supplemental Terms (as applicable), and any other terms expressly incorporated by reference into these PrePass Terms, are the entire and exclusive understanding and agreement between you and the Alliance regarding your use of the PrePass Services.

13.4 Privacy Policy

Please read the PrePass Privacy Policy for information relating to our collection, use, storage and disclosure of your Personal Information. The PrePass Privacy Policy is incorporated by this reference into and made a part of these PrePass Terms.

13.5 Email Communications

The communications between you and the Alliance may use email. Except when as prohibited by applicable law, you (a) consent to receive communications about these PrePass Terms from the Alliance in electronic form (email) at the email address you provide to us in the User Account; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that the Alliance electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing.

13.6 Events outside the Alliance’s Control

No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these PrePass Terms to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.

13.7 Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, please contact PrePass Customer Support at [email protected] to resolve a complaint regarding the PrePass Services or to receive further information regarding use of the PrePass Services. You also may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the PrePass Services or to receive further information regarding use of the PrePass Services.

13.8 US Government Rights

The PrePass Services are a “commercial item” as defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if Customer is an agency of the U.S. Government or any contractor therefor, Customer only receives those rights with respect to the PrePass Services as are granted to all other customers and users under license, in accordance with (i) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (ii) 48 C.F.R. § 12.212, with respect to all other U.S. Government licensees and their contractors.

13.9 Export Controls

The PrePass Services may be subject to U.S. export control laws, including the U.S. Export Control Reform Act and its associated regulations. You will not directly or indirectly export, re-export or release the PrePass Services to, or make the PrePass Services accessible from, any country, jurisdiction or third party to which export, re-export or release is prohibited by applicable law. You will comply with all applicable laws and complete all requirements (including obtaining any necessary export license or other governmental approval) prior to exporting, re-exporting, releasing or otherwise making the PrePass Services available outside the US.

You may not transfer any aspect of the PrePass Services without U.S. government authorization to any entity on a U.S. government exclusion list (e.g., the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List). You represent that you are not on a U.S. government exclusion list or under the control of or an agent for any entity on such a list, and you further warrant that you will immediately discontinue use of the PrePass Services if you are placed on any such list or under the control of or an agent for any entity placed on such a list. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that designated by the U.S. Government as a “terrorist supporting” country.

13.10 ECOA Notice

The Federal Equal Credit Opportunity Act prohibits discrimination against credit applicants on the basis of race, color, religion national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law is the Federal Trade Commission, Division of Credit Practices, 6th Street and Pennsylvania Avenue, NW, Washington, DC 20580.

13.11 Other General Terms

You may not assign or transfer these PrePass Terms or your rights under these PrePass Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. The Alliance may assign these PrePass Terms at any time after reasonable notice but without consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these PrePass Terms, or any provision of these PrePass Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these PrePass Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You and the Alliance are independent contractors in the performance of each part of these PrePass Terms. Nothing in these PrePass Terms is intended to create or shall be construed as creating an employer-employee relationship or a partnership, agency, joint venture, or franchise. You and the Alliance are and will be solely responsible for your/its respective employees and agents and respective labor costs and expenses arising in connection with those employees and agents. Use of section headers in these PrePass Terms is for convenience only and will not have any impact on the interpretation of any provision.

13.12 Notices

Notices to you under these PrePass Terms will be sent to the billing address or email address in the Customer’s User Account. All notices to us that are intended to have a legal effect must be in writing and delivered by a means evidenced by a delivery receipt, to PrePass Legal Department, Attention: General Counsel, 101 E. Washington St. Ste 500 Phoenix, AZ 85004.

14. CONTACT INFORMATION FOR PREPASS SERVICE CENTER

Please direct all inquiries and questions about the PrePass Services to:

PrePass® Service Center
2500 South 3850 West (2500 Waterton Place), Suite C West Valley City, UT 84120 1-800-PREPASS (1-800-773-7277)
(currently Monday through Friday, 6:00am to 7:00pm MT, excluding holidays)
[email protected]

For Alliance Device returns: You must prepay postage/shipping, insure each Alliance Device for $100.00 with delivery confirmation, enclose a list of Alliance Devices returned and maintain a copy thereof for your records, and ship the Alliance Devices to:

PrePass® Alliance Device Returns
1670 South 5500 West Suite 300 Salt Lake City, UT 84104