ROAD USAGE CHARGE PROGRAM
Participant Agreement

By providing my electronic signature, I agree that I accept and understand the following items pertaining to my enrollment in Utah’s Road Usage Charge, Utah’s Road Usage Charge Program:

Enrollment

1. The Utah Department of Transportation has contracted with Emovis Technologies US, Inc to operate Utah’s Road Usage Charge on its behalf.
2. My application is subject to Emovis’ approval.
3. I agree to complete the entire Utah’s Road Usage Charge enrollment process. If I do not complete it, I will be assessed the applicable additional flat fee amount due with annual vehicle registration and my vehicle will not be enrolled.
4. Utah’s Road Usage Charge must operate according to the statutes and rules of the State of Utah. I have full access to those laws via these links: Utah Code, Section 72-1-213 and Utah Administrative Rules R926-17.
5. My personally identifiable information is protected by law as described in Utah Code Sections 77-23c-102 and 63G-2-302(l).
6. Emovis will not provide to the State of Utah my location data paired with any personally identifiable information.
7. Once I have enrolled my vehicle in Utah’s Road Usage Charge, the vehicle will remain enrolled in the program for future vehicle registration cycles unless I exit the program prior to my next registration cycle or request Emovis to remove my vehicle.

Reporting / Managing Account

1. I am responsible for reporting my miles. If my chosen MRO fails, I will still be responsible for reporting, and paying for, the miles I have driven. Any miles not captured by my MRO will be captured by the annual odometer photo, and the mileage and fees will be adjusted as needed at that time so that annual totals are in line with the odometer reading.
2. I will report all MRO problems and/or statement errors promptly to Emovis.
3. If my MRO involves installation of a device provided by Emovis, I am responsible for a replacement cost of $95 if I lose, damage, or fail to return it.
4. If my MRO involves the use of my vehicle’s embedded telematics technology, it is my responsibility to keep my account active with the vehicle manufacturer.
5. I have the right to see and review my account and all data associated with it.
6. If I find errors in my account information, I can contact Emovis to correct those errors.
7. I am responsible for the safe operation of my enrolled vehicle(s). If any safety concerns related to my MRO arise, I will take precautions to ensure my safety and report the issue promptly to Emovis.

Payments

1. I will keep my payment card information on file current.
2. I will pay my road usage charge with the rate set in accordance with Utah Administrative Code Rule R940-8 for miles driven during the entire time I am enrolled in Utah’s Road Usage Charge.
3. Slight variations (+/- 5%) may occur between the mileage displayed on my odometer and the mileage reported by my MRO. Such variations will be corrected by the annual odometer photo submission so that my final annual mileage total aligns with my odometer reading.

Changes in Vehicle Status

1. I will inform Emovis if my vehicle is being serviced for more than a week.
2. I will notify Emovis ahead of time if I know that my vehicle will be stored, not driven, or otherwise unavailable to transmit data for 30 consecutive days or longer.
3. I will inform Emovis within five days of the incident if my vehicle needs to be unenrolled in the program (i.e. stolen, totaled, sold, etc.).

TERMS AND CONDITIONS

These terms and conditions (the “Terms”), together with my Utah’s Road Usage Charge application ("Application") constitute my Utah’s Road Usage Charge agreement (the "Agreement"). Utah’s Road Usage Charge is a program managed by Emovis Technologies US, Inc. on behalf of the Utah Department of Transportation (“UDOT”) that allows me to pay charges incurred for road usage in Utah based on actual mileage as measured using a GPS-enabled Emovis device (a "device") or telematics installed in my vehicle. The device technology and associated firmware and software are the property of Emovis Technologies US, Inc and its partners.

As used herein, "I" and "my" means the individual named on the Utah’s Road Usage Charge application who is the registered owner of the vehicle to be enrolled in Utah’s Road Usage Charge.

"They", "them", and "their" means Emovis Technologies US, Inc., a Delaware corporation with its principal place of business in Westbury, New York.

Definitions

“Driving data” means the time of day, location, and any and all other mileage data and information that is collected on or by an MRO and input into the Emovis technology systems and its partners for processing.

“Emovis technology” refers to any Emovis (or partner) proprietary technology including hardware/software, third party software or hardware, systems, algorithms, processes, or services which is made available for my use under this Agreement including, by way of example and not limitation, Drivesync® technology.

Acceptance of the Terms

By clicking “accept” before submitting my online application for a Utah’s Road Usage Charge account, I accept these Terms and agree to be legally bound by them. If I do not agree with any part of the Terms, I may not enroll in Utah’s Road Usage Charge. My use of Emovis products and services is voluntary and requires my strict compliance with these Terms.

Emovis reserves the right to modify these Terms at any time. I can view the modifications to these Terms at any time by logging in to the customer portal at roadusagecharge.utah.gov. Emovis reserves the right to reject any Utah’s Road Usage Charge application for any lawful reason.

Your Representations and Warranties

By clicking “Accept”, I represent and warrant that:

1. I am the legal owner of the vehicle whose name appears on the vehicle’s registration document and I have the right to enroll the vehicle in Utah’s Road Usage Charge;
2. If I install a device provided by Emovis, I will keep it in good operating condition until it is returned to Emovis and, if the device should fail for any reason while in my possession, I will promptly notify them and return the device for replacement in accordance with their instructions;
3. I will require anyone I permit to drive the vehicle to use my chosen MRO as required by these Terms, and I will inform any such person that Emovis will have access to their location data;
4. I will not use my chosen MRO for fraudulent or abusive purposes or in any way that risks damage to Emovis or their business or reputation; and
5. When I terminate my participation in Utah’s Road Usage Charge, I will send any devices provided by Emovis back to them within 30 days according to the return instructions sent with the device. Failure to return the device with in the set timeframe will result in my payment card being charged a $95 device fee.

RUC User Data Retention & Privacy Policy

Overview

Management of Road Usage Charge (RUC) accounts requires the collection and/or generation as well as the use and limited disclosure of certain information concerning the RUC users for the purposes of setting up accounts, monitoring usage, invoicing, collection, troubleshooting RUC user service issues, and investigating user complaints, among other purposes. Some of this information constitutes “Personally Identifiable Information” as that term is used in the Utah State Privacy Policy and Agency Privacy Policies, Utah Administrative Code, Rule 895-8, (“PII”) or “Personal Information” as that term is used in the Utah Protection of Personal Information Act, Utah Code Ann. §§ 13-44-101 through 301. PII and Personal Information are both types of confidential information that are subject to additional protection under Utah law. This Data Retention and Privacy Policy explains how Emovis protects such information from unauthorized use or disclosure, how and when records containing such information are destroyed, and what information is shared with the State of Utah.

What information does Emovis collect and what does it use it for?

The information Emovis collects, and the purposes for which it uses it, include the following:

• Road Usage Charge (RUC) user’s name, company, residential address, mailing address, telephone number, and e-mail address—used for identifying and communicating with the RUC user concerning his/her account.
• License plate number, vehicle identification number, odometer reading—used to identify the RUC user’s vehicle with his or her RUC account and verify program eligibility.
• RUC user’s travel data—used to determine the amounts chargeable to the RUC user under the RUC Program, and when aggregated with other users’ travel data, to analyze usage of the system as a whole.
• RUC users’ messages sent to Emovis – used to respond to RUC user inquiries and questions.

Personally Identifiable Information

“Personally Identifiable Information” (“PII”) is any information collected online that could serve to identify an individual. The Utah State Privacy Policy and Agency Privacy Policies, Utah Administrative Code, Rule 895-8, protects RUC users’ PII by limiting the ways in which it can be used and the people to whom it can be disclosed. RUC users’ PII that is used for reporting metered use or for administrative services related to the collection of the per-mile road usage charge is confidential information that is generally protected from public disclosure under the Utah Government Records Access and Management Act, Utah Code Ann. §63G-2-302(1)(q) . Such information is private and must be kept separate from public information and may not be disclosed except as specifically authorized by law. PII may be used solely by the State, its entities, and third-party agents with whom it has contracted to perform a state function on its behalf.

By clicking “accept” I authorize Emovis and UDOT to disclose certain PII to the financial institution I have identified for the purpose of facilitating payment of my per mile RUC charges, but only to the extent necessary for such purpose.

Personal Information

“Personal Information” is defined by the Utah Protection of Personal Information Act, Utah Code Ann. § 13-44-102 as:

A person’s first name or first initial and last name, combined with any one or more of the following data elements relating to that person when either name or data element is unencrypted or not protected by another method that renders the data unreadable or unusable:

• (i) Social Security Number
• (ii) (A) financial account number, or credit or debit card number; and (B) any required security code, access code, or password that would permit access to the person’s account; or
• (iii) driver license number or state identification card number.

Personal Information does not include information regardless of its source, contained in federal, state or local government records, or in widely distributed media, that are lawfully made available to the general public.

Emovis is required to implement and maintain reasonable procedures to prevent unlawful use or disclosure of personal information and to destroy records containing personal information that it does not retain. If Emovis becomes aware of a breach of system security, it is required to investigate such breach and notify me in the most expedient time possible without unreasonable delay unless a law enforcement agency determines that notification may impede a criminal investigation.

Destruction of vehicle use records

I understand that, Emovis will destroy all records of saved mileage messages location and daily metered use information not later than 30 days after completion of payment processing, dispute resolution for a single reporting period, or a noncompliance investigation, whichever is latest. My data will be destroyed upon my leaving the system (not later than 30 days after my withdrawal from the system, completion of payment processing, dispute resolution for a single reporting period, or a noncompliance investigation, whichever is latest).

Destruction of other records

To maintain the efficiency of its operating networks, it is Emovis’ policy to purge from its computer systems any electronic records that are not required to be preserved for legal or commercial purposes. Electronic records will not be destroyed if Emovis has reason to believe that they may be relevant to a potential dispute.

Website use

Visitors to Emovis’ website provide certain information that Emovis uses to improve its service and to better understand Emovis’ customers’ needs and expectations. The information Emovis collects depends upon what individuals do when visiting this site. In general, Emovis collects two types of information: 1) personal information individuals supply voluntarily; and 2) aggregated information about website users as a whole. Emovis will handle Personally Identifiable Information or Personal Information (as those terms are defined in Utah State Privacy Policy and Agency Privacy Policies, Utah Administrative Code, Rule 895-8, and the Utah Protection of Personal Information Act, Utah Code Ann. § 13-44-102) in accordance with the policies described above in this Data Retention and Privacy Policy.

Individual user information – We may collect information when individual users submit comments to Emovis or sign up for customer subscription services. User information may include the individual’s name, email address, phone number, street address, and vehicle information.

Aggregated information – We collect certain types of information about general activity at the Emovis website. This does not include Personally Identifiable Information but does include how many times Emovis' website has been visited, what pages or search terms have been requested most, what domain names (e.g., www.google.com) visitors have arrived at Emovis’ website from as well as the date and time of each visit. Emovis gathers and compiles this information into an aggregate form for statistical analysis and reporting purposes. These reports track website activity overall rather than on an individual level. Emovis uses third party measurement software to gather and compile aggregated information. This software does not collect, track, or have any access to individual user information received at the Emovis website.

Web cookies - A “cookie” is a small data file that websites commonly send to browsers. A cookie file contains information that can identify individuals anonymously in order to track traffic patterns and add functionality to the website. Cookies don't identify people personally, but rather identify their computer when they visit Emovis’ site. A cookie can't read data off hard disks or read cookie files created by other sites. A browser can be set to warn the computer user before accepting cookies. In this case, the computer user will receive the warning message with each cookie. The computer user may choose to refuse cookies by turning them off in their browser. One does not need to have cookies turned on to use the majority of the Emovis website, however one may need to them in certain areas of the site to perform certain functions.

Children’s privacy and parental supervision – Emovis encourages parents and guardians to be aware of how their children spend their time online and to participate with them in their online activities. Visitors to the Emovis website who are under the age of legal majority should not submit any information, including but not limited to Personally Identifiable Information or Personal Information, without the consent of a parent or guardian.

Consent - By using the Emovis website, visitors consent to the collection and use of information as described above.

Privacy policy updates

If Emovis decides to update its RUC User Data Retention and Privacy Policy, it will update its web page so that visitors are always aware of what information it collects, how it uses it, and under what circumstances it discloses it. Emovis reserves the right to update this policy at any time.

Questions or concerns

If I have any questions or concerns about this User Data Retention and Privacy Policy, I will contact Emovis’ Data Security and Privacy Coordinator by phone at 855-782-8824 or by e-mail at rucutah@emovis.us.

Road Usage Charge Program: My Charges

Utah’s Road Usage Charge was enacted by the Utah Legislature and is codified at Utah Code § 72-1-213.1. It authorizes a per-mile charge (“road usage charge”) for drivers who voluntarily enroll in it as an alternative to paying the alternative fuel vehicle additional registration flat fee that would otherwise need to be paid annually with vehicle registration. The Utah Department of Transportation determines the road usage charge rate according to program policy. The current rate is provided here. I will use my prepaid electronic wallet account to pay my charges according to the mileage reported to Emovis via the MRO. My wallet will be funded initially with $15 from my payment card. Mileage fees (the current road usage charge rate times the number of miles driven) will be automatically deducted from that balance as I drive. $10 will be automatically added to my wallet from my payment card each time the balance drops below $5 until a total amount equal to the alternative fuel vehicle flat fee applicable to my vehicle type has been placed into the wallet during my 12-month vehicle registration period. If I remain enrolled in Utah’s Road Usage Charge after my initial 12-month registration period has been completed, my prepaid wallet will reset to the baseline wallet amount of $15 and the process will restart as explained above for the next 12 months. If I enroll in Utah’s Road Usage Charge after registering my vehicle with the DMV for the current year (and thus have already paid the annual alternative fuel flat fee), my wallet balance will remain $0 until my next registration cycle begins, at which point the wallet will be funded at $15 and will be subject to the deduction and replenishment processes described above.

If I am late updating lapsed payment card information, if there are insufficient funds in my account at the time when Emovis attempts to add funds to my prepaid wallet, or if I try to engage in fraud, I may be subject to penalties and interest.

If I request removal of my vehicle from Utah’s Road Usage Charge prior to completing the full 12-month vehicle registration period, I will be charged the difference between the alternative fuel vehicle flat fee amount and my total RUC payments to date during that same registration cycle.

If attempts by Emovis to have me update lapsed payment information are unsuccessful, my vehicle will have a registration hold placed on it and I will be unable to register my vehicle with the DMV until I have updated my Utah’s Road Usage Charge payment information and any outstanding debts have been paid.

Emovis will report my vehicle miles driven on all roads using the MRO, but it is my legal duty to report my mileage accurately, and I will remain liable to the State of Utah for all mileage charges I incur even if my MRO is disconnected or otherwise disabled. The annual odometer photo I am required to submit at the end of my 12-month registration period will be used to align my reported miles with my odometer, and any discrepancy found at that time will be corrected so that the miles I am charged for align with the miles shown on my odometer.

Emovis will provide me with access to a web portal that allows me to view information relating to my mileage, monthly account statements, and type of MRO I am currently enrolled with.

I should direct questions regarding my account or transactions charged to my account to the Emovis Customer Service Center at the address, email, and telephone number listed below:

1-855-RUCUtah (1-855-782-8824), Industrial Minillas, #111 – Carr. 174, Suite 1 – Bayamon, PR 00959, rucutah@emovis.us (from 8:00 am to 5:00 pm MT)

I will receive a notification if Emovis is unable to use my payment card information to replenish the prepaid wallet in the manner described in these Terms. If I fail to update my payment card information within 60 days after receiving this email notification, my vehicle will be removed from Utah’s Road Usage Charge. I will then have a registration hold placed by the DMV on my vehicle. This hold will not be cleared until I have updated my payment card information and paid any outstanding debts owed to Emovis including additional penalty fees.

I will not be entitled to use these Terms as a defense to non-payment of my road usage charges if my MRO is not operating properly unless (a) I promptly and accurately report the malfunction to Emovis and (b) Emovis is able to document the existence of the malfunction. Defective or malfunctioning devices, vehicle malfunctions, improper device installation, or telematics disconnection does not relieve me from liability for road usage charges under the laws of Utah or any other jurisdiction. I am responsible for maintaining a working and properly installed device or telematics MRO at all times. If I fail to report promptly to Emovis that my MRO is not reporting mileage information for any reason, including, but not limited to, improper installation, vehicle onboard diagnostics issues, dead batteries or other device malfunction, telematics disconnection, or failure to comply with Emovis’ instructions after reporting such malfunction, my vehicle may be un-enrolled from Utah’s Road Usage Charge. I will then be subject to the standard exit processes described in these Terms.

Transmission of Data

Transmission of data from the OBD-II device will be completed using a wireless cellular service (the “Wireless Service”), which is obtained through a third-party wireless service provider (the “Wireless Provider”). I will have no contractual relationship with the Wireless Provider, nor will I be a third‐party beneficiary of any agreement with the Wireless Provider. The Wireless Provider will have no liability of any kind to me, including for: (i) any failure, temporary interruption, or disruption of the Wireless Service; (ii) any failure of or incompatibility of the device; and (iii) any lack of security with respect to the Wireless Service. If the Wireless Provider incurs any losses in connection with: the Wireless Provider’s provision of the Wireless Service to me, or your use of the Wireless Service, I will be responsible for payment of any amounts owed to the Wireless Provider as a result and for defending the Wireless Provider against any actions or claims made by third parties in connection therewith.

Transmission of data through the vehicle’s embedded telematic technology will be completed through a back-end connection between Emovis and the OEM through a third-party service provider. I will have no contractual relationship with such Provider, nor will I be a third‐party beneficiary of any agreement with the Provider.

Data Collection

My MRO collects, records, and transmits the following types of driving data to Emovis:

• Vehicle Identification Number (VIN) and vehicle communication interface information 
• Speed
• Time
• When the device is plugged in or unplugged from the vehicle (if my MRO involves installing a device)
• Location 
• Acceleration
• Regular status updates
• Fuel usage and other emissions related information (if my vehicle is a hybrid or plug-in hybrid and my MRO is embedded telematics).
• Vehicle health (diagnostic trouble codes and electrical subsystem status)

If my MRO involves installing a device provided by Emovis, my driving data is overwritten on the device after Emovis receives it and it will no longer be accessible to Emovis. All data that Emovis receives from the MRO is retained in their computer systems in accordance with their privacy policy (which I can access at roadusagecharge.utah.gov. In addition to my driving data, Emovis may use my MRO to collect anonymous traffic, travel, or other statistical information. By providing Emovis with my e-mail address, I agree to receive information from Emovis and their consultants, agents, or other fee operators via e-mail and/or telephone for purposes related to my enrollment in Utah’s Road Usage Charge.

Devices

If I am using an MRO that involves installing a device, Emovis will provide me with a device to plug into the onboard diagnostics (OBDII) port in my vehicle. This is the same port that mechanics use for vehicle diagnostics, emissions testing, and other maintenance related activities.

These devices are the property of Emovis. Ownership of and title to any device provided to me by emovis is and will remain with Emovis for the duration of this Agreement. Upon removal of my vehicle from Utah’s Road Usage Charge, Emovis will provide me with packaging that will allow me to return the device to them. I will return the device to Emovis no more than thirty (30) days from my receipt of the packaging.

Emovis will provide one device to me for each vehicle that I enroll in Utah’s Road Usage Charge. Emovis retains all right, title, and interest in and to the device and its firmware. I will not tamper with (that is, alter, modify, change, reverse engineer, copy, or duplicate) the device or its firmware. If tampering is detected, the device will be deactivated, I will return the device to Emovis immediately, my vehicle will be removed from Utah’s Road Usage Charge, and I may be subject to legal action.

I agree that I will not: (i) reverse engineer, disassemble, decompile, alter, duplicate, translate, copy, or create derivative works of the Emovis technology; (ii) sell, license, lease, rent, transmit, publish, or distribute any portion of the Emovis technology to any third party; or (iii) defeat, disable, or circumvent any protection mechanism related to the Emovis technology. The Emovis technology is not intended to be used for, and I may not use it for, safety of life applications or for any other application in which the use of, inability to use, or the accuracy, completeness, or reliability of the Emovis technology could create a situation where personal injury, death, or serious environmental or physical damage may occur.

Putting the Device in a Different Vehicle

Under no circumstances may a device be used in a vehicle that has not been registered as an authorized vehicle under my account. The vehicle, its unique Vehicle Identification Number and its unique license plate must be associated with my account information and a vehicle may not be actively listed on more than one account.

Un-enrollment

I may withdraw from Utah’s Road Usage Charge any time I wish by visiting the Emovis Customer Service Center online at website, provided that (1) I return the device to Emovis in accordance with their instructions without delay and (2) my payment card information is current at the time of withdrawal such that Emovis is able to charge my payment card the difference between the applicable alternative fuel vehicle flat fee and road usage charges already paid as of the date on which my enrollment is terminated. Emovis will assist me in returning at no cost any devices I have received. Failure to return a device in good working condition and in a timely manner could result in a device non-return charge of $95. Once Emovis has confirmed that the device is in good working order and I have paid all my road usage charges and related obligations, they will unenroll me from Utah’s Road Usage Charge and my rights and obligations under these Terms will terminate with effect from the time of my unenrollment. If any device is stolen or if any of the Utah’s Road Usage Charge services are used fraudulently, I must notify Emovis immediately and provide them with such information and documentation as they may request (including, without limitation, police reports, witness statements, and affidavits). Emovis may suspend or restrict any and all Utah’s Road Usage Charge services without prior notice to me if they have reason to believe I or anyone else has used a device in a fraudulent or unlawful manner.

If my account is terminated, either voluntarily or involuntarily, I will immediately cease using any device for any vehicle enrolled in my name and remove any devices from any vehicle. Using a device while terminated may subject me to violation fees and fines.

Voluntary or Involuntary Closure of Customer's Account

If my account is closed, either voluntarily by me or by Emovis based on my violation of these Terms or of applicable law, all devices listed on my account will be terminated. Emovis may prohibit me from opening subsequent account(s) if any previous account has been closed for violation of these Terms or of applicable law. 

Lost or Stolen Device

If a device is lost or stolen, I will notify the Emovis Customer Service Center immediately by phone at (855) 782-8824, by email to rucutah@emovis.us, or via the Utah’s Road Usage Charge website. My device status will be modified upon Emovis’s receipt of my notice of the loss or theft. I will not be held responsible for future mileage fee activity on a lost or stolen device after the Emovis Customer Service Center receives such notice. Road usage charges for authorized or unauthorized use of the device in any vehicle registered to me will continue to be chargeable to my account until I notify Emovis in accordance with this Agreement. If a device previously reported lost or stolen is reactivated, any unpaid charges recorded while the device was in a lost or stolen status will be charged to my account if Emovis determines the usage was the result of the device being plugged into my vehicle when the charges were incurred.

Dispute of Charges

I must notify Emovis of any disputes of charges appearing on my account within 30 days after the end of the previous month end. For example, if I wish to dispute a mileage amount or charges incurred in the month of June, I must file a dispute no later than the end of July of that same year. All disputes are subject to Emovis review and approval and may require additional documentation or evidence from me.

Disclaimer of Warranties

The Emovis products and services, including any Emovis technology, provided to me in connection with Utah’s Road Usage Charge are provided “as is” with no guarantee of completeness, accuracy, timeliness, or availability. Emovis and any other subcontractors used by Emovis specifically disclaim any and all representations, warranties and conditions, express or implied, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. Emovis and any other subcontractors they use do not warrant that the Emovis products and services, including any Emovis technology, provided to me in connection with Utah’s Road Usage Charge will be error-free, and further do not warrant that any online services will always be accessible, uninterrupted, or available from the internet.

Limitation of Liability

It is my responsibility to maintain current and accurate information on my Utah’s Road Usage Charge account and to exercise diligence in protecting my username and passwords.

IN NO EVENT WILL EMOVIS, OR ANY OTHER SUBCONTRACTOR OF EMOVIS (EACH, AN "EMOVIS PARTY" AND COLLECTIVELY THE "EMOVIS PARTIES") BE LIABLE TO ME OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE EMOVIS PRODUCTS AND SERVICES, THE EMOVIS TECHNOLOGY, THE SOFTWARE PROVIDED UNDER THIS AGREEMENT AND/OR THE DEVICE OR TELEMATICS, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF AN EMOVIS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE EMOVIS PARTIES WITH RESPECT TO THEIR OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED HEREUNDER OR OTHERWISE SHALL NOT EXCEED THE TOTAL AMOUNT OF ROAD USE CHARGES I HAVE PAID IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE ALLEGED LIABILITY. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ME.

ADDITIONALLY, THE EMOVIS PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS, DEMANDS, OR ACTIONS AGAINST ME BY ANY PERSON, CORPORATION, OR OTHER LEGAL ENTITY RESULTING FROM THE USE OF THE DEVICE(S) OR TELEMATICS, CREDIT REPORT INQUIRY, CHECK AUTHORIZATION, AND/OR CHARGING AGAINST MY CREDIT OR DEBIT CARD.

Miscellaneous

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah, exclusive of any conflicts of laws principles which would require the application of the laws of another jurisdiction.