Utah Code § 7-16a-203

(1) (a) Subject to Subsections (1)(b) and (2), if the application of Title 70A, Uniform Commercial Code, is inconsistent with the operation of an automated teller machine, a point-of-sale terminal, or both, the requirements of Title 70A, Uniform Commercial Code, may be varied by contractual agreement of any: (i) depository institution; (ii) switching facility; or (iii) clearinghouse as defined by Section 70A-4-104. (b) A contractual agreement under Subsection (1)(a) may not disclaim responsibility for or limit the measure of damages for a depository institution's, switching facility's, or clearing house's: (i) lack of good faith; or (ii) failure to exercise ordinary care. (2) Notwithstanding Subsection (1)(a), the commissioner may, after notice and hearing, require rescission or modification of any provision of a contractual agreement permitted by Subsection (1)(a) if: (a) that provision relates to the rights and obligations of: (i) account holders of depository institutions; (ii) merchants; (iii) merchant customers; or (iv) others using or having access to automated teller machines, point-of-sale terminals, or both; and (b) the commissioner finds the provision is unconscionable or contrary to the public interest.