Legal Disclaimer for Audit Risk Monitor Report

Foley’s predictions in the Audit Risk Management (“ARM”) report are not guarantees of the likelihood that a Customer will, or will not, be audited by the Department of Transportation or for compliance with its regulations. Foley does not provide legal advice and no publication of information in the ARM should be taken as constituting legal advice or inducement to act or refrain from acting. The material and information located in the ARM program is provided for informational purposes only. Customer shall not rely on the measurements, outputs, or other information in the ARM Product before taking any action related to its DOT compliance, and Foley is not responsible for any such reliance. Customer should seek advice from professional advisors in relation to any intended action based on, in whole or in part, the information contained in the ARM program.

Historical benchmark and other information may not be indicative of future information or performance. None of Foley or any third party that provides data used to administer or determine any benchmark and other information (a “Data Provider”), or any of its or their affiliates, makes any claim, prediction, warranty or representation whatsoever, expressly or impliedly, as to the timeliness, accuracy or completeness of the predictions or other information in the ARM program. To the fullest extent permitted by applicable law, none of Foley’s or any Data Provider, or any of its or their affiliates will be liable in contract or tort (including negligence), for breach of statutory duty or nuisance or under antitrust laws, misrepresentation or otherwise, in respect of any inaccuracies, errors, omissions, delays, failures, cessations or changes (material or otherwise) in Foley’s ARM product and other information, or for any damage, expense or other loss (whether direct or indirect) Customer may suffer arising out of or in connection with Foley’s ARM program and other information or any reliance Customer may place upon it. All implied terms, conditions and warranties, including without limitation as to quality, merchantability, fitness for purpose, title or noninfringement, in relation to Foley’s ARM program and other information are hereby excluded to the fullest extent permitted by applicable law.