WEBSITE TERMS OF USE

Effective Date: June 4, 2025

PrePass Safety Alliance, an Arizona non-profit corporation, (the Alliance or we) offers the website at www.prepass.com (PrePass Site) subject to these Website Terms of Use (Terms of Use). 

Before accessing and using the PrePass Site, please read these Terms of Use carefully because they constitute a legal agreement between the Alliance and you.

These Terms of Use apply only to the PrePass Site.  Please see our PrePass Terms of Service (https://prepass.com/prepass-terms) for the terms and restrictions that apply to the PrePass® Weigh Station Bypass, PrePass® Plus, PrePass® Tolls, PrePass® Toll Management Services, PrePass® app, PrePass® AG and any other part of the PrePass® suite of services. 

BY USING THE PREPASS SITE, YOU AFFIRM THAT:

  • YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE;
  • YOU WILL COMPLY WITH THE TERMS OF USE; AND
  • YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.

1. CHANGES TO TERMS OF USE

The Effective Date of these Terms of Use is set forth at the top of this webpage. As we add new features to the PrePass Site, we may need to modify these Terms of Use. When we modify these Terms of Use, we will update the Effective Date and, when possible, we also will provide you with advance written notice of our changes. We will not make changes that have a material retroactive effect unless we are legally required to do so or to protect the rights of other users. Your continued use of the PrePass Site after the Effective Date above constitutes your acceptance of the amended Terms of Use. The amended Terms of Use supersede all previous versions and other agreements, notices or statements of or about the PrePass Site.

2. ADDITIONAL TERMS

Additional terms and conditions may apply to certain features of the PrePass Site. When presented to you, you must agree to the additional terms before using the features to which they apply. These Terms of Use and the additional terms will apply equally unless an additional term is irrevocably inconsistent with these Terms of Use, in which case the additional term will prevail but solely to the extent of the inconsistency.

3. PRIVACY

Please review the PrePass Privacy Policy (https://prepass.com/privacy-policy) to learn about the information that we collect from or about you when you use the PrePass Site and how we process it.

Without limiting the terms of the PrePass Privacy Policy, you understand that the Alliance uses, stores and otherwise processes information collected through the PrePass Site and also may share that information with our service providers, all for the purposes of improving the PrePass Site and sending you tailored marketing emails about our products and services that we believe may be of interest or value to you and also (with your consent if and when required by applicable law).

We do not and cannot guarantee the privacy or security of information provided by you through the PrePass Site. You are responsible for using the precautions and security measures best suited for your intended use of the PrePass Site. We reserve the right to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.

4. PREPASS CONTENT

The PrePass Site, including any information, visual interfaces, graphic, artwork, text, video clip, audio clip, trademark, logo, products, software, services, and other content provided on, in or through the PrePass Site (collectively, PrePass Content) is owned by the Alliance or its licensors and protected under United States copyright, trademark and other laws.

The Alliance grants to you a nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the PrePass Site and download, print and/or copy PrePass Content solely for your own internal business use and subject to these Terms of Use. You acknowledge that the trade secrets and intellectual property embodied in the PrePass Site are not and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by the Alliance.

These Terms of Use and your use of the PrePass Site grant you only the limited rights described in these Terms of Use. Nothing contained in these Terms of Use grants by implication, estoppel or otherwise, any license or right in or to the Alliance’s trademarks, logos or service marks (Marks), patents, trade secrets or other intellectual property embodied in the PrePass Site. Unauthorized use of any of the Marks or our other intellectual property may violate law.

5. USING THE PREPASS SITE

5.1. Eligibility. You must be the age of legal majority or older in your place of residence to use the PrePass Site. Persons who are not of the age of majority are not eligible to use the PrePass Site.

5.2. Your Responsibilities. You may use the PrePass Site for lawful, non-commercial, internal business purposes only. You may not use the PrePass Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other party’s use and enjoyment of the PrePass Site.

You may not attempt to gain unauthorized access to the PrePass Site or the Alliance’s computer systems or networks through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to encourage or allow any third party to):

  1. copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the PrePass Site or PrePass Content;
  2. remove any copyright, trademark or other proprietary rights notice contained in the PrePass Site or PrePass Content;
  3. use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the PrePass Site;
  4. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the PrePass Site or any feature or functionality of the PrePass Site to any third party for any reason;
  5. reformat or frame any portion of the web pages that are part of the PrePass Site;
  6. collect or store personal data about any other user without his/her express prior written consent; or
  7. use the PrePass Site to send any unauthorized advertisement, junk mail or other unsolicited or unauthorized commercial or promotional content.

The Alliance has the right to terminate your access to the PrePass Site without notice for any violation of the above rules.

You are solely responsible for all charges, fees and other costs related to use of the PrePass Site. If you access and use the PrePass Site on your smartphone, tablet or other mobile device, you agree that you are solely responsible for all charges that you incur from your mobile service provider.

5.4. User Contributions. The Alliance may from time to time offer areas in the PrePass Site where you and other users can post or otherwise submit suggestions, ideas, notes, concepts or other information or materials to or through the PrePass Site (collectively, User Contributions). By sending, posting or transmitting User Contributions to PrePass (and/or our designees) through the PrePass Site, you grant the Alliance and our designees 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), distribute, create derivative works of, perform and import your User Contributions 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 Contributions are deemed non-confidential and non-proprietary.

By posting a User Contribution, you represent and warrant that:

  • you own or otherwise control all of the rights to your User Contribution, including without implied limitation all copyrights;
  • your User Contribution is true and accurate;
  • your User Contribution does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
  • your User Contribution complies with applicable laws, rules and regulations.

You acknowledge and agree that the Alliance has the right (but not the obligation) to alter, remove or refuse to post (or allow to be posted) any User Contribution. The Alliance takes no responsibility and assumes no liability for any User Contribution posted by you or any third party. The Alliance is not responsible for information that you choose to communicate via User Contributions.

6. LINKS TO OTHER WEBSITES AND SERVICES

The PrePass Site may contain links to third-party websites and services, including social media (collectively, Linked Services). Linked Services are not under the control of the Alliance and the Alliance is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Services. You access Linked Services at your own risk. The inclusion of a link does not imply endorsement by the Alliance of Linked Services or any association with the operators of Linked Services. The Alliance does not investigate, verify or monitor Linked Services. The Alliance provides links for your convenience only. Please check the URL address provided in your browser to see if you are on the PrePass Site’s domain.

7. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

The Alliance warrants that the Alliance has validly entered into these Terms of Use and has the legal power to do so. You warrant that you have validly entered into these Terms of Use and have the legal power to do so.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PREPASS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. The Alliance specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade.  The Alliance does not warrant that (a) the PrePass Site will meet your requirements, (b) operation of the PrePass Site will be uninterrupted or virus-or error-free or (c) errors will be corrected.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ALLIANCE AND ITS AFFILIATES TO YOU OR ANY THIRD PARTY FOR ACCESSING OR USING THE PREPASS SITE, FOR CLAIMS ARISING OUT OF OR RELATED TO THE USE OF OR ANY INABILITY TO USE THE PREPASS SITE OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO $100.

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE ALLIANCE AND CUSTOMER UNDER THESE TERMS OF USE BUT WILL NOT BE APPLICABLE IF AND WHERE PROHIBITED BY APPLICABLE LAW. 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 TERMS OF USE. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

8. GOVERNING LAW; DISPUTE RESOLUTION

Nothing in these Terms of Use will be deemed to waive, preclude or otherwise limit the right to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through a government regulator or pursue a statutory remedy available in the applicable court of law; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) file suit in a court of law to address an intellectual property infringement claim.

These Terms of Use are governed by the laws of the State of Arizona without regard to conflict of law principles.

WHERE PERMITTED, YOU AND THE ALLIANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

9. ELECTRONIC CONTRACTING

Your affirmative act of using the PrePass Site constitutes your electronic signature to these Terms of Use, which includes the PrePass Privacy Policy, and your consent to enter into agreements with us electronically.

10. GEOGRAPHIC RESTRICTIONS

Our servers and operations are located in the United States and our policies and procedures are based on United States law. The PrePass Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject the Alliance or its affiliates to any registration requirement within such jurisdiction or country.

11. TERMINATION

These Terms of Use automatically terminate when you fail to comply with any term or condition of them. The Alliance may terminate or modify your access to the PrePass Site, with or without notice to you, at any time for any reason. For example, the Alliance may prohibit your use of the PrePass Site if the Alliance believes that you are a minor.

Termination will not limit any of the Alliance’s other rights or remedies. Sections 4, 6, 7, 8, 10, and 12, as well as any other provision that must survive to give proper effect to the intent and purpose of these Terms of Use, shall survive termination.

12. MISCELLANEOUS

  1. These Terms of Use (including the PrePass Privacy Policy) contain the entire understanding by and between the Alliance and you with respect to the PrePass Site and matters contained herein.
  2. These Terms of Use inure to the benefit of and are binding on the Alliance’s and your successors and assigns, respectively.
  3. the Alliance may assign these Terms of Use to a successor in interest (in whole or in part) but you may not assign the Terms of Use without the prior express written consent of the Alliance.
  4. If any provision of these Terms of Use is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision was not used.
  5. If the Alliance fails or you fail to perform any obligation under these Terms of Use and the other party does not enforce such obligation, the failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
  6. Nothing contained in these Terms of Use creates a relationship or partnership, joint venture, or agency between the Alliance and you.
  7. If the Alliance is or you are prevented from performing or unable to perform any obligation under these Terms of Use due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such cause.
  8. Headings and captions are for convenience only.

QUESTIONS?

If you have questions about the PrePass Site or these Terms of Use, please contact us at:

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, 6:00 am to 7:00 pm MT, excluding holidays)
[email protected]