Last update on Friday September 12th, 2014.

Alabama

Site Site Type Mile Marker
Heflin I-20 WB Fixed 209

Arkansas

Site Site Type Mile Marker
Ashdown HWY-71 NA Fixed N/A
Bridgeport I-55 NB Fixed N/A
Hope I-30 EB Fixed 26
Hope I-30 WB Fixed 26
Lehi I-40 EB Fixed 273
Marion I-55 SB Fixed 9
Riverside I-40 WB Fixed 283
Springdale I-540 NB Fixed 72.5
Springdale I-540 SB Fixed 71

Colorado

Site Site Type Mile Marker
Cortez RT-160 NB Fixed 35
Cortez RT-160 SB Fixed 35
Dumont I-70 EB Fixed 233
Dumont I-70 WB Fixed
Fort Collins I-25 NB Fixed 267
Fort Collins I-25 SB Fixed 267
Lamar US287/50 EB Fixed
Lamar US287/50 WB Fixed
Loma I-70 EB Fixed N/A
Loma I-70 WB Fixed N/A
Monument I-25 NB Fixed
Monument I-25 SB Fixed
Trinidad I-25 NB Fixed

Connecticut

Site Site Type Mile Marker
Danbury I-84 EB Fixed 71
Greenwich I-95 NB Fixed
Middletown I-91 NB Fixed 21
Union I-84 WB Fixed 95
Waterford I-95 NB Fixed 89
Waterford I-95 SB Fixed 89

Delaware

Site Site Type Mile Marker
Delaware Toll Plaza I-95 NB Mobile
Delaware Turnpike Inspection Point 295/I-95 SB Mobile
Limestone Inspection RT-7 NB Mobile
Limestone Inspection RT-7 SB Mobile
Middletown RT-301 NB Fixed
Newport Gap Pike Inspection US-41 SB Mobile
Terminal Ave Inspection Point Terminal-Ave NA Mobile

Florida

Site Site Type Mile Marker
Flagler I-95 NB Fixed
Flagler I-95 SB Fixed
Madison I-10 EB Fixed
Madison I-10 WB Fixed
Martin I-95 NB Fixed
Pensacola I-10 EB Fixed
Pensacola I-10 WB Fixed
Punta Gorda I-75 NB Fixed
Punta Gorda I-75 SB Fixed
Seffner I-4 EB Fixed
Seffner I-4 WB Fixed
Sneads I-10 EB Fixed
Sneads I-10 WB Fixed
White Springs I-75 NB Fixed
White Springs I-75 SB Fixed
Wildwood I-75 NB Fixed
Wildwood I-75 SB Fixed
Yulee I-95 NB Fixed
Yulee I-95 SB Fixed

Georgia

Site Site Type Mile Marker
Bryan I-16 EB Fixed
Bryan I-16 WB Fixed
Carroll I-20 WB Fixed
Catoosa I-75 NB Fixed
Catoosa I-75 SB Fixed
Chatham I-95 SB Fixed
Columbia I-20 EB Fixed
Columbia I-20 WB Fixed
Douglas I-20 EB Fixed
Franklin I-85 NB Fixed
Franklin I-85 SB Fixed
Lowndes I-75 NB Fixed
Lowndes I-75 SB Fixed
McIntosh I-95 NB Fixed
McIntosh I-95 SB Fixed
Monroe I-75 NB Fixed
Monroe I-75 SB Fixed
Troup I-85 NB Fixed
Troup I-85 SB Fixed

Idaho *

Site Site Type Mile Marker
East Boise * I-84 EB Fixed
East Boise * I-84 WB Fixed

Indiana

Site Site Type Mile Marker
Chesterton I-94 EB Fixed
Chesterton I-94 WB Fixed
Lowell I-65 SB Fixed
Richmond I-70 WB Fixed
Seymour I-65 NB Fixed
Seymour I-65 SB Fixed
Terre Haute I-70 EB Fixed
Warren I-69 SB Fixed
West Harrison I-74 WB Fixed

Kansas

Site Site Type Mile Marker
Belleville US-81 SB Fixed
Kanorado I-70 EB Fixed
Liberal US-54 EB Fixed
Olathe I-35 NB Fixed
Olathe I-35 SB Fixed
South Haven I-35 NB Fixed
Wabaunsee I-70 EB Fixed
Wabaunsee I-70 WB Fixed

Kentucky

Site Site Type Mile Marker
Laurell County I-75 NB Fixed 33
Laurell County I-75 SB Fixed 34
Lyon I-24 EB Fixed 35
Lyon I-24 WB Fixed 37
Rowan I-64 WB Fixed 148

Maine

Site Site Type Mile Marker
Beddington RT-9 WB Mobile 236
Caribou RT-1 NB Mobile
Ellsworth RT-1 EB Mobile
Ellsworth RT-1 WB Mobile
Freeport RT-295 NB Mobile 18
Hampden I-95 NB Mobile
Hampden I-95 SB Mobile 179
Hinkley (Skowhegan) RT-201 NB Mobile
Hollis Fire Station RT-5 WB Mobile
Houlton RT-1 SB Mobile
Kittery I-95 SB Fixed 5
Kittery (Portsmouth) RT-1 NB Mobile 4
Kittery (Portsmouth) RT-1 SB Mobile 4
Lebanon RT-202 NB Mobile
Old Town I-95 SB Fixed 199
Pittsfield I-95 NB Mobile 148
Pittsfield I-95 SB Mobile 148
Portland Exit 44 RT-295/I-95 WB Mobile 1
Presque Isle RT-1 SB Mobile
Rumford RT-2 NB Mobile
Sandy Bay POE RT-201 SB Mobile
Sidney I-95 SB Fixed 117
South Berwick RT-4 SB Mobile
York I-95 NB Fixed 5

Maryland

Site Site Type Mile Marker
Cecilton US-301 SB Fixed 122
Conowingo W & Insp US-1 NA Fixed
Delmar RT-13 NB Fixed 41
Delmar RT-13 SB Fixed 40
Finzel W & Insp I-68 EB Fixed 31
Foy Hill W & Insp Pulaski-Hwy EB Fixed 4
Hyattstown RT-270 NB Fixed 20
Hyattstown RT-270 SB Fixed 20
New Market W & Insp I-70 EB Fixed 63
Park & Ride I-95/I-495 NA Fixed
Snow Hill US-113 EB Mobile 10
Upper Marlboro W & Insp US-301 NB Fixed
Upper Marlboro W & Insp US-301 SB Fixed
Vienna W & Insp US-50 EB Fixed 98
West Friendship W & Insp * I-70 WB Fixed 79

Michigan *

Site Site Type Mile Marker
Fowlerville * I-96 WB Fixed
Monroe (La Salle) * I-75 NB Fixed

Minnesota

Site Site Type Mile Marker
Carlton I-35 NB Mobile 236
Carlton I-35 SB Fixed 237
Clarks Grove HWY-35 NB Mobile 17
Clarks Grove HWY-35 SB Mobile 17
Daytonport HWY-10 EB Fixed 219
Erskine HWY-2 EB Fixed 56
Forest Lake I-35 NB Mobile 128
Forest Lake I-35 SB Fixed
Moorhead I-94 EB Fixed 4
Nodine I-90 EB Mobile 261
Nodine I-90 WB Mobile 261
Saginaw HWY-2 EB Fixed 244
St Croix I-94 WB Fixed

Mississippi

Site Site Type Mile Marker
Corinth RT-45-Bypass NB Fixed
Corinth RT-45-Bypass SB Fixed
Crossroads RT-26 WB Fixed
Iuka US-72 EB Fixed
Iuka US-72 WB Fixed
Lucedale US-98 EB Fixed
Lucedale US-98 WB Fixed
Nesbit I-55 NB Fixed 285
Nesbit I-55 SB Fixed 286
Nicholson I-59 NB Fixed 1
Nicholson I-59 SB Fixed
Osyka I-55 NB Fixed 1.5
Sandy Hook Hwy-35 NB Fixed

Nevada

Site Site Type Mile Marker
Apex I-15 SB Mobile 61
Bordertown US-395 NB Mobile
Bordertown US-395 SB Mobile
Ely US-6 EB Mobile
Garson I-80 EB Mobile
Mustang I-80 WB Mobile 25
Osino I-80 EB Mobile 312
Osino I-80 WB Mobile 312
Sloan I-15 NB Mobile
Wadsworth I-80 EB Mobile 42
Winnemucca US-95 NB Mobile

New Hampshire

Site Site Type Mile Marker
Canterbury I-93 NB Mobile
Durham RT-4 WB Mobile
Epping W & Insp RT-101 EB Mobile 119
Epping W & Insp RT-101 WB Mobile 120
Lebanon I-89 NB Mobile 57
Maine Turnpike I-95 NB Mobile
Maine Turnpike I-95 SB Mobile 4.2
Windham (Derry) I-93 NB Fixed 7.4
Windham (Derry) I-93 SB Fixed 8

New Mexico

Site Site Type Mile Marker
Alamogordo US-54 SB Mobile 56
Anthony I-10 WB Fixed 160
Carlsbad US-62/US-180 WB Fixed 26
Carrizozo US-54 SB Mobile 119
Cedar Hill US-550 SB Mobile 173
Clayton US-87 WB Mobile 8
Gallup I-40 EB Fixed 12
Gallup I-40 WB Mobile 12
Hobbs US-62 WB Fixed 108
Lordsburg I-10/US-70 EB Fixed 24
Lordsburg I-10/US-70 WB Fixed 24
Loving US-285 SB Mobile 24
Melrose US-60/US-84 EB Mobile 365.5
Melrose US-60/US-84 WB Mobile 366
Nara Visa US-54 WB Fixed 350
Orogrande US-54 NB Fixed 40
Raton I-25/US-87 SB Fixed 0
Roswell US-285 NB Mobile 150
Roswell US-285 SB Mobile 150
Route 70 US-70 EB Mobile 340
Route 70 US-70 WB Mobile 340
San Jon I-40 EB Fixed 356
San Jon I-40 WB Fixed 356
Texico US-60/US-70/US-84 WB Fixed 397
Tinaja Rest Area I-25 NB Mobile 434
Tinaja Rest Area I-25 SB Mobile 435
Tularosa US-54 NB Mobile 78
Vaughn US-60/US-285 EB Mobile 204
Villanueva US-84 EB Mobile 325
Villanueva US-84 WB Mobile 325
Waldo Canyon Road I-25 NB Mobile 267
Waldo Canyon Road I-25 SB Mobile 267

Pennsylvania

Site Site Type Mile Marker
Bridgeville Rest Area I-79 NB Mobile 50
Bridgeville Rest Area I-79 SB Mobile 51
Clarion I-80 EB Fixed 55
Clarion I-80 WB Mobile 56
Claysville Welcome Center I-70 EB Mobile
Grantville Rest Area I-81 NB Mobile 79
Grantville Rest Area I-81 SB Mobile 79
Kirby Rest Area I-79 NB Mobile
Lone Pine I-79 SB Mobile
Marcus Hook Welcome Center I-95 NB Mobile 0.4

Rhode Island

Site Site Type Mile Marker
Jamestown Bridge RT-138 EB Mobile
Jamestown Bridge RT-138 WB Mobile
Mt. Hope Bridge Rt-114 NB Mobile
Mt. Hope Bridge Rt-114 SB Mobile
Newport Bridge RT-138 EB Mobile
North Scituate RT-6 EB Mobile
North Scituate RT-6 WB Mobile
North Smithfield RT-146 NB Mobile 1
North Smithfield RT-146 SB Mobile 3
Sakonnet Bridge RT-24 NB Mobile
Sakonnet Bridge RT-24 SB Mobile
Wyoming I-95 NB Mobile 10
Wyoming I-95 SB Mobile 10

Tennessee

Site Site Type Mile Marker
Giles I-65 NB Fixed
Haywood I-40 EB Fixed 49
Haywood I-40 WB Fixed 50
Knox I-40 EB Fixed 371
Knox I-40 WB Fixed 372
Manchester I-24 EB Fixed 116
Manchester I-24 WB Fixed 116
Robertson I-65 NB Fixed 119
Robertson I-65 SB Fixed 120

Texas

Site Site Type Mile Marker
Abernathy I-27 NB Fixed 24
Abernathy I-27 SB Fixed 24
Alamo US-83 EB Mobile 872
Alamo US-83 WB Mobile 872
Anthony I-10 WB Mobile 1
Beeville US-59 EB Fixed
Beeville US-59 WB Fixed 690
Big Spring North US-87 NA Mobile 375
Bridgeport Hwy-114 SB Fixed 560
Brookshire I-10 EB Fixed 729
Carlsbad US-87 SB Mobile 456
Centerville I-45 SB Fixed 167
Childress US-287 NB Fixed 230
Childress US-287 SB Fixed
Devine I-35 NB Fixed 119
Devine I-35 SB Fixed 119
Diboll US-59 SB Fixed 403
El Paso East US-62/180 WB Mobile 40
El Toro US-59 SB Fixed 620
Falfurrias US-281 SB Fixed 714
Fannin US-59 NB Fixed 658
Fannin US-59 SB Fixed 658
Henrietta US-287 SB Fixed 368
Hungerford US-59 NB Fixed 564
Inez US-59 NB Fixed 622
Iowa Park US-287 NB Mobile 331
Iowa Park US-287 SB Mobile 331
Jacksboro US-281 SB Mobile 252
Karnes US-181 SB Fixed 558
Kennedale US-287 NB Mobile 479
Kennedale US-287 SB Mobile 479
Kingsbury I-10 EB Fixed 616
Kingsbury I-10 WB Fixed 616
Mt Pleasant I-30 EB Fixed 158
Mt Pleasant I-30 WB Fixed 158
New Waverly I-45 NB Fixed 101
Pampa US-60 NA Fixed 390
Penwell I-20 EB Fixed 104
Penwell I-20 WB Mobile 103
Queen City US-59 NB Fixed 232
Refugio US-77 NB Fixed 624
Riviera US-77 NB Fixed
Riviera US-77 SB Fixed
San Marcos I-35 SB Fixed 209
Sealy I-10 WB Fixed 726
Skidmore US-181 NB Fixed 598
Skidmore US-181 SB Fixed 598
Slaton US-84 WB Fixed 336
Snyder US-84 EB Fixed 410
Terrell I-20 EB Fixed 512
Terrell I-20 WB Fixed 512
Three Rivers I-37 NB Fixed 74
Three Rivers I-37 SB Fixed 75
Tilden Hwy-16 NB Fixed
Tilden Hwy-16 SB Fixed 670
Tyler (Lindale) I-20 EB Fixed 546
Tyler (Lindale) I-20 WB Fixed 546
Van Horn I-10 EB Mobile 137
Van Horn I-10 WB Mobile 146
Wilmer I-45 NB Fixed 272
Wilmer I-45 SB Fixed 272
Winnie I-10 WB Fixed 821
Zapata US-83 NB Mobile 736

Utah

Site Site Type Mile Marker
Echo I-80 WB Fixed
Perry I-15 NB Fixed
Perry I-15 SB Fixed
St George I-15 NB Fixed
St George I-15 SB Fixed
Wendover I-80 EB Fixed
Wendover I-80 WB Fixed

Vermont

Site Site Type Mile Marker
Barnet I-91 NB Mobile 122
Bradford I-91 NB Mobile 100
Bradford I-91 SB Mobile 100
Brattleboro I-91 NB Mobile 6
Colchester I-89 NB Mobile
Colchester I-89 SB Mobile
Colchester US-7 NB Mobile
Concord US-2 WB Mobile
Coventry I-91 NB Mobile 167
Coventry I-91 SB Mobile 167
Emerald Lake US-7 SB Mobile
Fairhaven RT-4 EB Fixed
Georgia I-89 NB Mobile 110
Georgia I-89 SB Mobile 111
Guilford I-91 NB Mobile
Hartford I-91 NB Fixed 69
Hartford I-91 SB Fixed 69
IRA US-4 WB Mobile
Lyndon I-91 SB Mobile 141
N.Clarendon RT-7 NB Mobile
N.Clarendon RT-7 SB Mobile
Putney I-91 NB Fixed
Putney I-91 SB Fixed
Randolph I-89 NB Mobile 34
Randolph I-89 SB Mobile 34
Ryegate I-91 NB Mobile 115
Ryegate I-91 SB Mobile 114
Searsburg VT-9 EB Mobile
Sharon I-89 NB Mobile 9
Sharon I-89 SB Mobile 9
Springfield I-91 NB Mobile 39
Springfield I-91 SB Mobile 39
Vernon I-91 SB Mobile 4
Waterbury I-89 NB Mobile
Waterbury I-89 SB Mobile
Wheelock I-91 NB Mobile 143
Williston I-89 NB Mobile 82
Williston I-89 SB Mobile 82

Virginia

Site Site Type Mile Marker
Alberta I-85 NB Fixed 22
Alberta I-85 SB Fixed 22
Aldie US-50 EB Fixed
Bland I-77 NB Fixed 52
Bland I-77 SB Fixed 52
Carson I-95 NB Fixed 39
Carson I-95 SB Fixed 39
Dahlgren US-301 NB Fixed 141
Dahlgren US-301 SB Fixed 141
Dumfries I-95 NB Fixed 154
Dumfries I-95 SB Fixed 154
Hollins US-11 NB Fixed
Middletown RT-11 NB Fixed
New Church RT-13 NB Fixed 135
New Church RT-13 SB Fixed 135
Sandston I-64 EB Fixed 202
Sandston I-64 WB Fixed 203
Stephens City I-81 NB Fixed 303
Stephens City I-81 SB Fixed 305
Suffolk US-13 EB Fixed
Suffolk US-13 WB Fixed
Troutville I-81 NB Fixed 148
Troutville I-81 SB Fixed 149

West Virginia

Site Site Type Mile Marker
Fairmont I-79 NB Fixed 140
Fairmont I-79 SB Fixed 141
Mineral Wells I-77 NB Fixed 168
Mineral Wells I-77 SB Fixed 169
Teays Valley I-64 EB Fixed 37

Wisconsin *

Site Site Type Mile Marker
Beloit * I-39 NB Fixed
Hudson * I-94 EB Fixed
Madison * I-90 SB Fixed
Menomonie * I-94 WB Fixed
MENU

Drivewyze Service Agreement

This Drivewyze Inc. (?Drivewyze?) Service Agreement (?Agreement?) authorizes Customers and Drivers to access and use Services solely in accordance with the terms and conditions of this Agreement.

  1. EFFECTIVE DATE: This Agreement shall not be effective until Drivewyze receives all required application information and Drivewyze accepts Customer?s application. Customer?s rights under this Agreement and rights to use the Services are subject to Customer?s compliance with all applicable laws and the terms and conditions of this Agreement.
  2. DEFINTITIONS. ?Customer? means either an approved motor carrier that has Drivers who have downloaded Software where such carrier has subscribed to Services, or individual Drivers who have downloaded Software and subscribed to Services. ?Driver? means either an individual vehicle driver that is also a Customer, or those vehicle drivers authorized by a Customer to drive under such Customer?s DOT number. ?License Agreement? means the license agreement entered into by a Customer or Driver when downloading the Software. ?Services? means the provision of access to and the right to use the functionality and services included as part of Drivewyze?s programs, as described at www.drivewyze.com, and support for use of the Software and Services as set out in Drivewyze?s Support Policy found at www.drivewyze.com, which is hereby incorporated into this Agreement by this reference. ?Service Sites? means federal, state or provincial sites, including but not limited to open weigh stations, ports-of-entry, temporary inspection sites, mobile inspection sites, agricultural interdiction facilities, and other sites monitored by government agencies at which the Services may be utilized. ?Software? means Drivewyze software downloaded by the Customer or a Driver for use pursuant to the License Agreement.
  1. CUSTOMER OBLIGATIONS: Customer agrees, and where Customer is not an individual Driver, shall cause its Drivers to agree :

a. To authorize Drivewyze to acquire and periodically reconfirm information from government agencies, leasing companies, and/or third party credential processors concerning registration, permits, licenses, inspections, taxes and any other credentials, including but not limited to all carrier, vehicle and driver information required to support bypass services. Customer authorizes, and shall ensure each of its Drivers authorizes, Drivewyze to collect, disclose and use such information, and Customer on behalf of itself and its Drivers authorizes government agencies and other entities to release without restriction or liability all such information to Drivewyze.

b. To authorize Drivewyze to submit Customer?s carrier, vehicle, and Driver information to participating government agencies for use in providing Services.

c. To obtain permission from the lessor to electronically screen the vehicle credentials when the Customer is leasing a vehicle in which Software has been downloaded to a device.

d. To use the lanes designated as Drivewyze Service Site lanes, where available, when approaching a Drivewyze Service Site.

e. To obey all applicable federal, state and provincial laws and regulations, including those governing eligibility for bypass at Drivewyze Service Sites, including criteria regarding vehicle configuration, content and weight. The approved users will be signaled when authorized to bypass by either/or both an audible beep and visual ?Bypass? message and a green light, approximately one mile in advance of the Service Site. Absent this bypass authorization, the user will receive either/or both an audible beep and a visual red light, and possibly either a “Follow Road Signs” message or a ?Follow Transponder? message, depending on their device of usage. Customer agrees to follow the posted signage and/or directions of law enforcement in the event of a red light and/or a ?Follow Road Signs? message. Customer agrees to defer driving decision to signals received from in-cab transponder in the event of a ?Follow Transponder? message, where applicable.

f. That Customer and its Drivers may utilize the Software and Services with another transponder in the vehicle, but must notify Drivewyze of transponder program identification at registration or at time of alternate transponder activation. This notification allows Drivewyze to configure application to defer in-cab signaling priority to transponder with ?Follow Transponder? message at applicable transponder program sites. Customer agrees in the event of any conflicting messages/signals between the Software or Services and another in-cab transponder, to follow road signs and report to inspection site. Customer must notify Drivewyze of any message conflicts between the Software or Services and an alternate in-cab transponder so that they can be resolved in the Drivewyze system.

g. To pay such service charges as are established by Drivewyze for each vehicle registered, and all applicable taxes. The Customer shall be responsible to pay all taxes and government charges attributable to the purchase, licensing or use of the Services or Software.

h. To pay all invoices including Drivewyze fees within thirty (30) days of receipt, or as otherwise provided in this Agreement. Any balance outstanding over 30 days is delinquent and can result in suspension by Drivewyze of the Customer?s use of the Software and Services and, to the extent permitted by applicable law, is subject to interest equal to prime rate + 2% per month (based on the prime rate published by the Wall Street Journal on the date such amount became outstanding), and any discounts offered will be void. After two delinquencies in any calendar year, Drivewyze may require Customer to establish electronic means of payment.

i. To review invoices promptly and notify Drivewyze if there are any questions regarding Customer?s charges. If Drivewyze is not notified in writing within thirty (30) days of invoice date, all charges will be deemed to have been accepted by Customer.

j. To pay a $25.00 US charge for each invalid check or payment Customer?s bank returns.

k. To report in a timely manner changes relevant to Customer?s Drivewyze account, including company name or ownership, mailing address, telephone number, vehicles enrolled in Drivewyze, license plate numbers, any and all change of credentials, applicable credit card numbers and expiration date, and other account information. The Customer shall keep Drivewyze updated with all information regarding all vehicles permitted to drive under the Customer?s Department of Transportation (?DOT?) number. In the event that a vehicle is no longer approved to drive under the Customer?s DOT number, Customer must remove said vehicle from their list of registered vehicles with Drivewyze. The Customer shall immediately inform Drivewyze if a Driver is driving under a different DOT number, and to provide evidence from the owner of such DOT number that the Driver is entitled to drive under such DOT number

l. Not to use the Software or Services in any vehicle other than an approved vehicle registered with Drivewyze.

m. Not to access or attempt to access any other Drivewyze systems, programs or data that are not made available for public use.

n. Not to copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Drivewyze website, except as authorized in writing by Drivewyze.

o. Not to rent, sell, lease, lend, redistribute or sublicense the Software or permit any third party to benefit from the use or functionality of the Software or, Services via a rental, lease, timesharing, service bureau, or other arrangement.

p. Not to use the Software or Services on any compatible device that Customer does not own or control.

q. Not to assign, sublicense or otherwise transfer any of the rights granted to Customer under this Agreement.

r. Not to copy (except as expressly permitted by this Agreement or the License Agreement), modify, or create derivative works of the Software or Services.

s. Not to work around any technical limitations in the Software or Services, or use any tool to enable features or functionalities that are otherwise disabled in the Software or Services, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law or by licenses with respect to open source software included with the Software.

t. Not to perform or attempt to perform any actions that would interfere with the proper working of the Software or Services, prevent access to or the use of the Software or Services by Drivewyze’s other licensees or customers, or impose an unreasonable or disproportionately large load on Drivewyze’s infrastructure.

u. Not to otherwise use the Software or Services except as expressly allowed under this Agreement.

  1. DRIVEWYZE OBLIGATIONS: Drivewyze agrees:

a. To authorize Customer vehicles to receive and use the Services at participating Service Sites subject to continued compliance with eligibility requirements required by Drivewyze or applicable governmental authorities.

b. To assess fees for each account based on the number of vehicles registered with Drivewyze and the service tier utilized by each vehicle found at www.drivewyze.com (?Pricing Schedule?) which is incorporated by reference in to this Agreement.

c. That fees and other charges for Services, are billed one month in arrears in accordance with the Pricing Schedule, except for prepay Customers.

d. To provide Customer service and account information in at least one of two ways:

1) by telephone at 1-888-988-1590

2) through online access at www.drivewyze.com

  1. NO BYPASS GUARANTEE: Drivewyze does not guarantee, represent or warrant that legally operating vehicles will be allowed to bypass a participating facility. Bypass criteria are determined by the law enforcement agencies of each participating state/provincial jurisdiction. In general, the better a carrier/vehicle/driver safety history and conformance with credentials requirements, the higher the bypass rate. Random pull-ins are a standard feature of the Services and of government agency and law enforcement efforts, and each site has the option to require all vehicles to pull-in for special enforcement efforts. Drivewyze is not and cannot be responsible for the actions of any law enforcement agency.
  1. CANCELLATION: Customer may terminate this Agreement and discontinue Customer?s access to Services by informing Drivewyze in writing or via client web portal. Drivewyze may immediately terminate this Agreement or suspend or cancel Customer?s participation in Drivewyze if a Customer fails to continue to meet program eligibility requirements, or is in breach of a material term of this Agreement. Drivewyze may terminate this Agreement and Customer?s access to and use of the Services at any time for any reason by providing thirty (30) days notice to Customer. Drivewyze will not refund amounts less than $25.00US unless requested by Customer, nor if the account has been placed with collections.
  1. RELEASE & INDEMNITY: Customer hereby releases Drivewyze from all loss, damage or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or receipt of Software or Services by Customer or any of its Drivers. Customer shall defend, indemnify and hold Drivewyze and its affiliates harmless from and against any and all claims, losses, liability costs and expenses (including attorneys’ fees) arising from: (i) any violation of this Agreement, the License Agreement, or of any state, provincial or federal laws or regulations, by Customer, or by Customer?s users or Drivers; (ii) any use of the Software or Services by Customer or its users or Drivers, including any death, injury or property damage resulting from any such use; (iii) any tickets, infractions, penalties or accidents arising from any use of vehicles by Customer or its affiliates, or their Drivers; (iv) any infringement or misappropriation of a third party’s copyrights, patents, trade secrets or other intellectual property rights, or any violation of any proprietary right or invasion of any privacy rights; (v) any Data (as defined below) or any failure by Customer to obtain consents from Drivers, or to cause Drivers to consent for the collection, use and disclosure of Data, or other information or data in accordance with this Agreement; or (vi) any failure by Customer to pay or remit applicable taxes or charges in accordance with this Agreement.
  1. DISCLAIMER: CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE AND SERVICES IS AT CUSTOMER?S SOLE RISK. THE Software AND Services ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEWYZE, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL GUARANTEES, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE Software OR Services, INCLUDING THOSE OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. DRIVEWYZE DOES NOT WARRANT OR REPRESENT THAT THE Software AND Services ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, IDENTITY THEFT, THREAT OF HACKERS, OTHER SOFTWARE OR SERVICE LIMITATIONS, THAT DEFECTS IN THE Software OR Services WILL BE CORRECTED, OR THAT THE SoftwareAND Services WILL MEET CUSTOMER?S REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. IN THAT EVENT, ANY IMPLIED WARRANTIES OR REPRESENATIONS ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE Software, OR Services, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
  1. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF DRIVEWYZE AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE Software AND Services GIVING RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEWYZE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOSS OF PROFITS OR OTHER ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DRIVEWYZE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DRIVEWYZE AND CUSTOMER. DRIVEWYZE WOULD NOT BE ABLE TO HAVE PROVIDED THE SOFTWARE OR THE SERVICES WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO CUSTOMER. CUSTOMER AND ITS DRIVERS AND USERS SHALL BE RESPONSIBLE FOR ALL LIABILITIES ARISING FROM ITS USE OF THE SOFTWARE AND SERVICES, INCLUDING ANY TICKETS, INFRACTIONS, PENALTIES OR ACCIDENTS ARISING FROM ANY USE OF VEHICLES BY CUSTOMER OR ITS DRIVERS OR USERS.
  1. CHANGES TO AGREEMENT: Drivewyze shall have the right, in its sole discretion and with reasonable notice posted on the Drivewyze website, www.drivewyze.com, and/or sent to Customer?s email address provided in registering for the Service, to revise, update, or otherwise modify the Services or Software and establish or change limits concerning use of the Software or Services, temporarily or permanently. Drivewyze reserves the right to make any such changes effective immediately to maintain the security of the system or Customer?s information or to comply with any laws or regulations, and to provide Customer with electronic or written notice within thirty (30) days after such change. Customer may reject changes by discontinuing use of the Software and Services to which such changes relate, or if an update to the Software is provided, by rejecting the downloading of such update. Drivewyze reserves the right to terminate this Agreement by providing thirty (30) days written notice at any time if Customer rejects such update. Customer?s continued use of the Software and Services, or downloading of an update will constitute Customer’s agreement to such changes. Drivewyze may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. Drivewyze will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided. Drivewyze may update Customer?s status under different tiers of Service at any time by providing notice to Customer.
  1. DATA PRIVACY:

a. Drivewyze shall collect, use and disclose information concerning the Customer, its account, and its use of the Software and Services solely for the purpose of offering, maintaining and improving the Software and Services, or as otherwise permitted in this Agreement, all in accordance with Drivewyze?s Privacy Policy found at www.drivewyze.com, which is hereby incorporated into this Agreement by this reference.

b. Customer agrees to allow Drivewyze to provide information required as part of the Services to any and all government agencies responsible for commercial vehicle law enforcement.

c. Registration Data: Customer must register to use the Software and Services other than in Demo Mode. Customer must provide true, accurate, current and complete information as prompted by the interview sign-up process (the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If Customer provides any Registration Data that is inaccurate, not current or incomplete, or Drivewyze has reasonable grounds to suspect is inaccurate, not current or incomplete, Drivewyze may, in its sole discretion, suspend or terminate Customer?s account and refuse any and all current or future access to and use of the Software or Services (or any portion thereof).

d. Customer Access Information: ?Customer Access Information? means Customer?s access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by Customer to access the Software, Services and Customer?s financial institution accounts. Customer is solely responsible for: (i) maintaining the confidentiality and security of Customer Access Information. Customer will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data (“Communications”) entered using the Customer Access Information. Drivewyze assumes that any Communications it receives through use of the Customer Access Information were sent or authorized by Customer. Customer agrees to immediately notify Drivewyze if Customer becomes aware of any loss, theft or unauthorized use of any Customer Access Information. Drivewyze reserves the right to deny Customer access to the Software or Services (or any part thereof) if Drivewyze reasonably believes that any loss, theft or unauthorized use of Customer Access Information has occurred. Customer must inform Drivewyze of, and hereby grants to Drivewyze permission to use, Customer Access Information to enable Drivewyze to provide the Services to Customer, including updating and maintaining Event Data, addressing errors or service interruptions, and to enhance the types of data and services Drivewyze may provide to Customer in the future.

e. Event Data: ?Event Data? means information, files or data that is collected and stored in using the Software or Services, including user name, password information, vehicle information, location , device platform, Software version, network provider. Customer shall prevent unauthorized access to or use of the Event Data. Customer authorizes Drivewyze to collect and use the Event Data, and to combine Customer?s Event Data with that of others in a way that does not identify Customer or any individual personally, to improve services and to compare spending practices with others with similar spending habits. ?Data? means Registration Data, Customer Access Data, and Event Data.

f. Customer agrees to allow Drivewyze to report information about Customer?s account to credit bureaus and to search Customer?s credit rating and history with credit bureaus. Late payments, missed payments, or other defaults on Customer?s account may be reflected in Customer?s credit report.

g. Customer agrees to allow Drivewyze to use Customer?s data that is not personal information for its own purposes including the use of producing anonymous data for use in related services.

h. Customer agrees to allow Drivewyze to include Customer in a national bypass rate information services that will include only carrier names and effective bypass rates calculated for each participating jurisdiction and averaged nation-wide. Customer will be given access to their specific bypass rate.

  1. COMMUNICATIONS:

Direct all correspondence and questions to:

support@drivewyze.com

  1. CONFIDENTIALITY:

Customer shall not disclose to any third party any item or information provided by Drivewyze to Customer that is marked CONFIDENTIAL. Drivewyze shall not disclose to any third party any information collected from Customer, nor any report generated by Drivewyze for the benefit of Customer, except as necessary to fulfill its obligations under this Agreement, comply with applicable law or as otherwise described in this Agreement or the Privacy Policy.

  1. GENERAL:

This Agreement and documents referenced in this Agreement constitutes the entire understanding of the parties concerning the subject matter of this Agreement and supersedes all prior written or oral understandings. No delay or failure by Drivewyze to exercise any right under this Agreement, and no partial or single exercise of that right, nor acceptance of a partial payment, or the waiver of condemnation of any breach or default, shall constitute a waiver of that or any other right, unless otherwise expressly provided. The suppliers, agents, employees, distributors, and dealers of Drivewyze are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Drivewyze. Any waiver of the terms herein by Drivewyze must be in writing and signed by an authorized officer of Drivewyze and expressly reference the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by Delaware law as applied to agreements entered into and to be performed entirely within Delaware, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods is disclaimed by the parties does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in the State of Delaware or federal court for the District of Delaware. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” Notices under this Agreement may be sent via email to Drivewyze to following email address support@drivewyze.com and to the Customer at the email address provided by Customer when registering for the use of the Services.

last updated 7/31/12