Please read these Terms carefully before you use the Platform.
2. Eligibility and Responsibility The Platform is offered and available only to users who are eighteen (18) years of age or older. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with FMCA and meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Platform. You are responsible for both:
3. Reservation of Rights - FMCA reserves the right to withdraw or amend the Platform, and any service, option, or material FMCA provides on the Platform, in our sole discretion without prior notice. FMCA will not be liable for any reason if all or any part of the Platform is unavailable at any time or for any period. From time to time, FMCA may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
This agreement is between FMCA, a licensed and registered provider of filing services and assistance, and you, the Customer, any individual or entity working with commercial vehicles such as motor carriers, brokers, and freight forwarders, along with their duly authorized agents. These Terms and conditions may be amended by FMCA at any time without prior notice. FMCA shall not be held responsible for any losses or damages resulting from unforeseen circumstances.
4. Services - FMCA offers the following services to Customers:
5. Subscriptions - In addition to the services listed above, FMCA offers the following subscription-based renewal services for compliance with FMCSA:
7. Filing process - Once the Customer has provided the required information and payment, FMCA will generate the binding agreements and contracts between the Customer and FMCA using the information provided by the Customer, including the company name, cardholder name, and IP address (contracts and agreements are available upon Customer’s request). The Customer authorizes FMCA to charge their credit/debit card on file for the designated payment, and further agrees to follow our dispute resolution process with no "charge-backs".
The registration and filing process begins once payment has been received. FMCA strives to fulfill Orders within 48 business hours. Orders are processed and Permits are filed Monday through Friday, excluding legal holidays, during the hours of 9:30am EST – 7:30pm EST, in the order they are received. Orders in which the Customer has requested and paid for Express Processing will be given priority for processing.
8. Cancellation Policy for Subscriptions and Subscription Services: The Customer may cancel their subscription at any time but must do so at least 30 days prior to their next due date to avoid being charged for the following period. The Customer agrees that no “charge-backs” are authorized without written agreement from FMCA. Refund Policy
9. Cost of Services - The cost of services is based on the Order and services provided. Prices are subject to change without prior notice, for current costs and pricing, please review the current prices listed on the filings page. All Permits
10. Payments - The Customer agrees to pay for the services and subscriptions listed above according to the fees and payment terms outlined in Cost of Services. The Customer agrees to provide FMCA with accurate, verified and complete billing information, including their full legal name, address, telephone number, and credit card or other valid payment information. The Customer is responsible for all taxes, including sales tax, associated with their use of the Platform and the services and subscriptions offered through it.
11. Collections - If the Customer fails to make timely payment, FMCA may charge late fees and interest at the rate of 1.5% per month on the outstanding balance. If the Customer's account becomes delinquent, FMCA may refer the account to a collections agency and the Customer will be responsible for any additional collection costs and fees. The Customer also agrees to pay all costs of collection, including attorney's fees, court costs, and other legal expenses, incurred by FMCA if legal action is necessary to collect payment.
12. Refunds and Cancellations - Please refer to our Refund Policy for information regarding refunds and cancellations.
15. ScreenShare - ScreenShare enables FMCA agents to view your active web session with expanded access to provide you with live on-screen assistance while interacting with the Platform. This expanded access will enable the agent to provide you with real-time assistance to respond to and/or address your needs. FMCA agents will not be able to see any open browser tabs, screens, and applications that are running in the background on your device. This will not allow FMCA to gain control of your computer, unless accepted by you. ScreenShare may be done without any further notice to you or anyone acting on your behalf.
16. Disclaimer - Please note that FMCA is not a government agency and is simply providing Services as a third-party. Any advice or information provided on this platform regarding Department of Transportation (DOT) related questions should not be considered legal advice, and FMCA will not be held liable for any actions taken based on such advice or information. The reliability and accuracy of all FMCA services is totally dependent on the information provided by the Customer and FMCA is not responsible or liable for damages arising from incorrect or incomplete information provided by the Customer.
It is the responsibility of the individual Customer or organization to ensure that they are in compliance with all relevant DOT regulations and guidelines. The Platform and its content are provided "as is" and "as available" without warranties of any kind, either express or implied. FMCA does not warrant that the Platform or its content will be error-free or uninterrupted. FMCA does not guarantee the accuracy, completeness, or usefulness of any content available through the Platform and will not be responsible for any errors or omissions in such content. FMCA does not endorse any content or opinions expressed on the Platform by third parties. The Customer agrees to use the Platform and its content at their own risk.
17. Limitation of Liability - Any liability we may have to you is limited. To the fullest extent provided by law, FMCA, its agents, employees, contractors and affiliated persons will not be liable to any Customer, guest or user of the Platform for any lost revenue, lost profits, indirect, incidental, consequential, special, or punitive damages, regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranty, or otherwise, regardless of whether such damages were foreseeable, and even if advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
The parties agree that the limitations of liability under this section constitute a fundamental basis of their bargain and acknowledge that the fees set forth in this agreement are based in part on the limitations of liability in this section.
Please note that FMCA cannot be held liable for any failure to file or complete any documents or tasks on time, and it is the responsibility of the individual or organization to ensure that all necessary actions are taken in a timely manner. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability for liabilities that otherwise would have been limited shall not exceed $100.00. FMCA will not be liable for any loss or damage caused by a distributed denial-of-service attack or other technological harmful material that may infect your computer equipment or other property. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. Some states and jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to you.
19. Waiver - The failure of FMCA to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
20. Arbitration - If any dispute arises between the parties and is not resolved through negotiation, the parties agree to resolve the dispute exclusively through final and binding arbitration conducted in accordance with the Rules of Arbitration of the American Arbitration Association. The arbitration shall be governed by Florida law and conducted by a single arbitrator who has expertise in the type of dispute at issue. The parties will initially bear their own costs in the arbitration, and the arbitrator will have the discretion to award reasonable costs, arbitration fees, and attorney fees to the prevailing party.
By agreeing to arbitrate disputes under this Agreement, THE PARTIES ARE EXPRESSLY GIVING UP ANY AND ALL RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE. The parties instead elect to have Claims resolved by arbitration. The arbitrator’s decision shall be final and binding on the parties, subject to review on the grounds set forth in the Federal Arbitration Act (“FAA”)).
Claims that may not be subject to pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Public Law 117-90), or by generally applicable law are excluded from the coverage of this Arbitration Provision.
RIGHT TO OPT OUT OF THE ARBITRATION PROVISION
You may opt out of the Arbitration Provision by notifying FMCA in writing within 30 days of the date you first registered for the Site. To opt out, you must send an email to FMCA at email@example.com that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a statement indicating that you wish to opt out of the Arbitration Provision. Opting out of this Arbitration Provision will not affect any other terms of this Agreement.
If you do not opt out as provided, continuing your relationship with FMCA constitutes mutual acceptance of the terms of this Arbitration Provision by you. You have the right to consult with counsel of your choice concerning FMCA Terms, your rights and obligations and the Arbitration Provision.
21. Class Action - You agree that any arbitration or court action arising from or related to these Terms shall be conducted solely on an individual basis, and that you waive any right to pursue or participate in any class, collective, or hybrid class/collective action. This means that you will not have the right to bring or be a part of any lawsuit or other proceeding on behalf of a group of people or on behalf of the general public. You also waive any right to bring or participate in any claims on behalf of any other individual or entity or on behalf of any governmental body. This waiver shall be severable from these Terms in the event it is found to be unenforceable. Any claim that all or part of this waiver is invalid, unenforceable, unconscionable, revocable, void, or voidable may be determined only by a court of competent jurisdiction.
22. Governing law - This agreement and any disputes arising from it shall be governed by the laws of the State of Florida.
23. Indemnification - You agree to indemnify, defend, and hold FMCA, FMCA’s affiliated persons, members, employees, contractors, officers, and directors harmless from any losses, claims, suits, actions, demands, judgments, awards, costs, expenses, fees, reasonable attorney's fees, or other proceedings, including third party claims, whether threatened or filed, directly or indirectly, that result from or are based on:
24. Intellectual Property - FMCA and its licensors own all rights, title, and interest in and to the Platform and its content, including all intellectual property rights. The Customer may not use the Platform or its content for any purpose not explicitly granted in these Terms.
25. Notice - Any notice required or permitted to be given under this agreement shall be in writing and shall be emailed to firstname.lastname@example.org.
26. Assignment - The Customer may not assign this agreement or transfer any rights to use the services without the prior written consent of FMCA.
27. Headings - The headings in this agreement are for convenience only and shall not affect its interpretation.
If you have any questions about these Terms, please contact FMCA at email@example.com.
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Federal Motor Carrier Authority Filings, operated by FMCA Filings, LLC is operated by a private third-party provider offering services for a fee. This is a commercial solicitation and advertisement. We are NOT affiliated with any government authority (USDOT/FMCSA).
This website is not affiliated with the Unified Carrier Registration Plan. This website is operated by a private company that provides a private registration service for an additional fee. You are not required to use this site to register with the UCR Plan. You may register directly with the UCR Plan at www.ucr.gov.
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