Terms of Service Policy
Table of Contents
Acceptance of the Terms of Service
Thank you for your consideration and use of our services. The website located at https://fmcsaprocessingagent.com (the “Website”), is owned and operated by FMSCA Processing Agent LLC, a Colorado limited liability company, d/b/a “#1 A $20 BOC-3 Filing LLC” (together with its officers, directors, employees, successors and assigns; the “Company,” “we,” “our” or “us”).
By using the Website and/or submitting payment for Services, as defined below, you agree to be bound by these terms of service (“Terms of Service”). Any references to “you” or “your” shall expressly include the person submitting materials and payments through the Website as well as the entity that person submits materials and payments on behalf of. You hereby represent that you are authorized to submit payment and to agree to these Terms of Service. You hereby represent that you are authorized to enter into and be bound in contract, including these Terms of Service, and to provide any and all information required by these Terms of Service. You further represent that you are authorized to submit credit card information as a responsible party and authorize charges against the credit card submitted. You agree to indemnify the Company for any losses, expenses and fees we may incur (including reasonable attorneys’ fees incurred for pursuing or defending our rights) as a result of any misrepresentations. These Terms of Service are entered into by and between you and the Company. The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the Website, including any content, functionality or services offered on or through the Website (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and govern your engagement of the Company to provide the services detailed herein (collectively, the “Services”).
Changes to These Terms of Service
We may revise and update these Terms of Service from time to time at our sole discretion and without notice. All changes are effective immediately when we post them and automatically apply to your agreement to be bound by these Terms of Service. In addition, these Terms of Service may be changed as required to comply with applicable law, as the same may be amended from time to time.
Your continued use of our Services following the posting of revised Terms of Service means that you accept and agree to the changes which shall become a part of your agreement with us. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.
Accessing the Website, Modifying Services and Account Security
We reserve the right to modify, amend or withdraw this Website, and any of the Services we provide, at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for making all arrangements necessary to have access to the Website and to ensure that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
General Terms of Service
The Company is a private, third-party vendor offering the Services for a fee. The offer of the Services is a commercial solicitation and advertisement. In consideration of the payment of the fees described below, the Company facilitates and oversees the submission of legally mandated materials with the Federal Motor Carrier Safety Administration (the “FMCSA”) and the United States Department of Transportation (“USDOT”) on behalf of motor carrier clients and, based on information provided by its clients, provides suggestions as to which additional Services may be required. The Company is licensed and authorized by the FMCSA and the USDOT to provide certain services though the Company is NOT affiliated with any government authority.
Limitation of Services
The Company does not provide legal or business advice and is not a legal or business advisor. You are ultimately responsible for the legal and business decisions associated with your company and whether your purchase of Services is ultimately required. If you have any questions or concerns as to what materials are required to be filed with any government authority in order for you to be in compliance with applicable law, you should consult independent legal counsel. The Company only provides general information as to certain compliance measures required by the FMCSA and the USDOT’s rules and regulations based on information provided to us by you as well as currently available information collected by us from the FMCSA and the USDOT’s portal
Unless otherwise expressly provided in these Terms of Service, the Services, and any portion thereof, are considered finally rendered, and payment for the same is non-refundable and unconditionally due and owing, upon the Company’s successful submission of materials to the FMCSA and/or USDOT.
Unless otherwise agreed to by the Company, emails are the sole form of communication when you are working with the Company, its agents, representatives and third-party payment processor. You agree to provide us with an official email address that is checked on a regular basis. All receipts and future communications will be sent to the email you provide. It is your responsibility to update your email address and notify us properly in case of any change. We are not responsible for any liability, fee, penalty or damages caused by your failure to provide an updated email address. The Company only sends confirmations, reminders, notifications, specific offers for Services and updates associated with the Services via email but does not send general solicitations or “spam”. After payment is submitted for Services, you will receive order details and other important information by email only. PLEASE NOTE: all service of process materials that the Company and its agents receive on your behalf will be communicated and delivered to you via email ONLY. We will also update you if any Services take more than 24 hours to complete. It is your responsibility to read emails from the Company and to provide any necessary or required response. Any request or demand by the Company via email that is not given a response or not satisfied after 3 attempts or 30 days, whichever is earlier, shall be a material breach of these Terms of Service, and we shall not be responsible for any damages or liabilities for any failure to respond to such demands or requests.
Delivery of Services
The Company provides services only. By engaging us for any of our Services, you understand that no physical product will be delivered (unless otherwise requested or agreed) and all of our services are done electronically.
Designation of Agents of Service of Process (the “BOC-3”)
The Company will submit the BOC-3 on your behalf and engage our process agents in all 50 states and the District of Columbia (“Process Agents”) to act as your agent for the acceptance of service of process, subject to these terms and conditions (“Process Services”).
BOC-3 Fees, Payments and Payment Methods
By engaging the Company to provide Process Services, you agree to a discounted, recurring and automatically charged yearly fee of $20 (the “Yearly Fee”) and either:
(i) a one-time setup fee of $15 if you submit your application online, or
(ii) a one-time setup fee of $40 if you file with one of our agents over the phone.
A valid form of payment includes a credit card or a debit card by Visa, Mastercard, American Express or Discover. We do not accept any prepaid cards, and in the event a prepaid card is used to pay for a BOC-3 service, we reserve the right to cancel BOC-3 service, unless a valid credit card is provided to replace the primary payment information on file.
If the Company receives service of process on your behalf, you shall automatically be charged a fee of $150 for the receipt and processing of documents; provided, if your account is active in good standing and you are not otherwise in breach of these Terms of Service, the Company shall waive this fee. In addition, you shall be responsible for the payment of any applicable fees associated with such service, including but not limited to: Process Agent fees, law enforcement and process server engagement for personal service, notary fees, postage and handling, and, provided your account is in good standing, a discounted fee of $120 per document received and processed by the Company and forwarded to you by the Company (the “Servicing Fee”). The Servicing Fee only includes documents to be forwarded by email, if you request or require delivery by any other means (overnight courier, etc.), additional fees will apply.
Payment of any applicable fees charged for Services are automatically charged to your credit card. You will receive an automatic receipt of such charges via email. Your credit card must be issued by a major credit card company acceptable to the Company and must remain valid and on file with Stripe, Inc. All fees due and owing must be fully paid before any document served upon the company on your behalf is forwarded to you.
Declined or refused charges are subject to a finance charge equal to 25% of the declined or refused charges if not paid after 30 days from the due date thereof and shall automatically subject Services to cancellation after 45 days of non-payment. Declined or refused charges shall constitute a material breach of these Terms of Service and any discounts afforded by the Company for the Yearly Fee and Servicing Fees shall no longer apply (including for the declined or refused charges). The non-discounted Yearly Fee and Servicing Fees shall continue to be charged if your account remains active. The full, non-discounted Yearly Fee is $60 for active accounts and the full, non-discounted Servicing Fee is $250 per document received, processed and forwarded to you.
Service of Process
As soon as reasonably practicable after service of process is accepted by a Process Agent, the Company will notify you by email of such service and include scanned copies of any documents received as part the service process. If any documents are required by law to be served in person, we shall use commercially reasonable efforts to deliver through contact information that is available to us from the USDOT and/or FMCSA, but in no event shall we be responsible for any failure to contact you other than via email as set forth herein.
Waiver and Release of Liability
You hereby release, waive any claim against, and forever discharge the Company from any responsibility or liability which may arise from any delay or failure in forwarding materials which is a result of your failure to pay any outstanding fees or to provide, maintain and monitor the email address you provide to the Company. At any time after Process Services are terminated for any reason, and the Company is served with process on your behalf, we will make reasonable efforts to contact you in order to facilitate the dispatch of any materials received but we shall not be responsible for any failure in either contacting you or successfully dispatching materials we receive. Fees associated with dispatching such materials are not subject to the above discounted fee but shall be separately invoiced and must be paid before dispatch is initiated.
By engaging us to provide Process Services, we are providing you with access to our Process Agents for the sole purpose of accepting service upon the terms and conditions of these Terms of Service. Any other contact or engagement of our Process Agents, whether in relation to the Services or otherwise, is strictly forbidden and shall be a material breach of these Terms of Service. Any unauthorized contact with Process Agents, or unauthorized use of their legal name and physical address shall subject the Process Services to cancellation and additional fees and expenses (minimum of $199.00), which fees and expenses you hereby agree to be due and owing.
No Refunds After BOC-3 Filing
THERE ARE NO REFUNDS (EITHER PARTIALLY OR IN FULL) FOR FEES AFTER THE BOC-3 IS FILED OR WHEN A RENEWAL OF SERVICES IS INITIATED. You can cancel Process Services at any time and any payments not yet due and owing for such services shall be cancelled.
Contact Information Changes
You are responsible for immediately informing us of any changes to your business which would require notifying the FMCSA or USDOT of such changes, including but not limited to any name change (legal name or dba), address change, termination of operations or change to any representative authority. We do not regularly request this information or monitor those changes with the FMCSA or USDOT. Any change of information to the filed BOC-3 that is not reported shall cause the BOC-3 to automatically expire. The Company shall not be responsible for any penalties or fees arising from any expiration of a BOC-3 which are a result of any failure to meet your obligations to notify us of changes in information.
Cancellation of Process Services
Cancellation requests by phone are not valid and will not be processed. Cancellation of Process Services needs to be submitted in writing by sending an email to firstname.lastname@example.org, and to be valid, the cancellation request must be sent from the same email address that is associated with your account, and must contain your company’s name, address, authority number and a reason for cancellation. Notice of cancellation of the BOC-3 must be received by the Company at least 3 business days before the Renewal Date in order to avoid incurring a Yearly Fee and before the credit card on file is automatically charged. If a cancellation request is received within 3 business days of the Renewal Date, we will make every effort to cancel your subscription though cancellation is not guaranteed, and your credit card will still be charged for the upcoming renewal charge. It is your responsibility to immediately inform us if you wish to cancel Process Services for any reason. Any fee incurred or charged as a result of a failure to cancel Process Services in accordance with these Terms of Service, including any Yearly Fee or other fee automatically charged to your credit card, is non-refundable and you hereby acknowledge that such fees are unconditionally due and owing. Any action by the FMCSA or USDOT which deactivates or cancels your BOC-3 or the authority to operate as a motor carrier shall not act as a cancellation of Services; cancellation of Services can only be completed as set out in these Terms of Services. We do not actively monitor the status of your BOC-3 or authority to operate with the FMCSA or USDOT and we shall not be liable for any cancellation or deactivation. You are solely responsible for ensuring that information and status of authority with the FMCSA and USDOT is accurate, active and current..
Effect of Process Services Cancellation
Upon the cancellation of Process Services, for any reason, any obligation that the Company may have, including any obligation to notify you of any further service of process, shall automatically terminate. THE CANCELLATION OF A BOC-3 WILL RESULT IN DEACTIVATION OF YOUR AUTHORITY TO OPERATE AS A MOTOR CARRIER AFTER 7 DAYS’ NOTICE.
After canceling Processing Services, the Company MUST be removed as your representative of record with the FMCSA to receive legal documents on your behalf in all 50 states and Washington D.C. Upon cancellation for any reason, we will provide you notice of the options to remove our name with the FMCSA and you will have 14 days from such notice to either (i) elect to have the Company process the removal (there is a $55.00 charge for the Company to remove our name as your process agent ($25.00 notary fee + $30.00 processing fee)), or (ii) file a new BOC-3 with another named process agent in which case our name will be automatically removed.
Should you fail to take steps to remove our name as processing agent after the 14-day notice, and (i) if your authority remains “ACTIVE” with the FMCSA, and the Company is still named as processing agent, or (ii) if your authority is listed as “INACTIVE”, “DISMISSED” or “REVOKED” with the FMCSA, and you attempt to reactive your authority with the Company named as processing agent, then in each case your account will be subject to additional fees. Any discounted fees otherwise provided shall be terminated though you shall remain responsible for the payment of all non-discounted fees (including a $60 Yearly Fee and $250 Servicing Fee). In addition, should your account become delinquent, and you continue to operate with the Company named as processing agent with the FMCSA, a fee of $400 will automatically be charged for the unauthorized use of our name. If the Company has to pursue collections of amounts due and owing through a third-party provider (including any amounts for fees described in these Terms of Service), you agree that all amounts outstanding and payable shall be subject to an administrative fee equal to 35% of such amounts outstanding. You agree that all fees charged while your account is delinquent are reasonable in light of the fact that it would be otherwise difficult to determine the amount of damages the Company would suffer for failure to keep your account current. The above fees are not exclusive remedies of the Company and you shall be responsible for any and all damages, fees, expenses and costs incurred by the Company for your breach of this Agreement, including damages incurred as a result of your unauthorized use of our name and costs incurred in pursuing termination of your unauthorized use of our name, including the Company’s reasonable attorneys’ fees. In addition, in the event that you fail to remove our name with the FMCSA, you hereby irrevocably appoint the Company, its agents, representatives and attorneys, as your lawful attorney-in-fact for the purpose of taking all necessary actions to remove the Company as your authorized representative with the FMSCA. Your appointment of the Company as your attorney-in-fact, and all of the Company’s rights and powers associated with such appointment, which is coupled with an interest, is irrevocable until the Company is removed as your authorized representative. All persons dealing with the Company, its agents, representatives and attorneys, as your attorney-in-fact, shall be entitled to rely upon this power of attorney for the purposes stated herein.
Process Services for Partners
By engaging the Company to provide Process Services through a partner account, we provide Process Services (through your company, the “Partner”) to third party clients at a one-time discounted rate. You understand that you will be responsible for all applicable discounted filing fees (these filing fees are communicated to you when you engage us for Services and an account is created) before any of those Services are rendered. Your credit card must be issued by a major credit card company acceptable to the Company and must remain valid and on file with Stripe, Inc. You agree and authorize the Company to automatically charge your credit card for any applicable fees and such fees must be paid prior to providing any Services. Except for the Yearly Fee and one-time set-up fee for Process Services, you agree and understand that the Process Services, we provide to you as a Partner and to your clients are governed by these Terms of Service Agreement covered under the BOC-3 section, including the payment of all applicable fees (save and except the one-time set-up fee and Yearly Fee).
THERE ARE NO REFUNDS (EITHER PARTIALLY OR IN FULL) FOR FEES ONCE PAID.
Communicating Terms of Service
As a Partner, you agree to communicate these Terms of Service to your clients and any future charges that might occur for which your client will be responsible for such as the additional fees and how documents are processed if served to one of our Process Agents. You agree that you will communicate to your client that such fees need to be paid in full before any document is served. Those fees will be separately invoiced to your client. You agree to provide your client’s contact information, including email and phone number. You also agree to communicate to your client that they will need to update us if their email or phone number changes in the future. They will also need to update us if their carrier is inactive, out of service or suspended. You agree to communicate to your client that they cannot contact our Process Agents in violation of these Terms of Services and that doing so will be a material breach for which you and your client will both be jointly and severally liable.
As a Partner, we are providing you with access to our Process Agents for the sole purpose of accepting service on behalf of your clients upon the terms and conditions of these Terms of Service. You acknowledge and agree that the Company has spent a considerable amount of time and resources in order to identify and engage its Process Agents to assist us in providing the Services and that any interference with that engagement would be materially detrimental to the business of the Company. Therefore, you agree not to, either directly or indirectly, engage, solicit or otherwise contact our Process Agents for any reason. Any contact or engagement of our Process Agents, whether in relation to the Services or otherwise, is strictly forbidden and shall be a material breach of these Terms of Service. Any unauthorized contact with our Process Agents shall subject the Process Services provided to your client to cancellation. In addition, the Company may pursue all rights and remedies available to it law and at equity, including injunctive relief, in the case of such unauthorized contact. You agree and acknowledge that the restrictions contained herein, and the remedies available to the Company in the case of a breach of such restrictions, are reasonable in light of the Company’s legitimate business interests.
Obtaining Operating Authority (OA) and Submitting Other Applications to the FMCSA and the USDOT
If you are seeking authority to operate as interstate motor carrier, the Company will submit an application for such authority on your behalf with the FMCSA and USDOT (“OA Services”). For every application for OA Services, we will provide you with a work order which will detail the proposed scope of the OA Services specific to your required operating authority and which such work order shall set out items needed to submit a complete application along with the fees associated with the proposed OA Services. You are responsible to review the work order details and ensure the description of the services proposed is correct before making any payment of fees. By submitting a payment of fees for OA Services, you agree to be bound by these Terms of Service.
Accuracy and Delivery of Information
You are responsible for the accuracy and validity of information included in any application. The Company submits all applications only with information provided by you and we do not alter any information. If an error is detected due to incorrect information that was provided to us and a refiling of an application is required, such cases will cause additional delays and fees and we shall not be responsible for such errors. By completing and making payment for OA Services, you agree that the contents of the work order, including the proposed OA Services and fees associated with such services, are accurate. You are responsible to provide all the requested information and all requested documents in a timely manner after the Company begins preparing an application. You have 60 days from the date of payment for OA Services to provide us all the required and requested information and documents set out in the work order. If you fail to provide all requested information and documents within the 60-day timeline, the OA Services will terminate, and all fees will be non-refundable.
It is your responsibility to fulfill any necessary steps and provide any required or requested information to submit a complete application. That includes applying for and obtaining insurance and/or surety bonds. As a courtesy, and for information purposes only, the Company will communicate to you what items are needed to submit a complete application, however it is your responsibility to acquire and submit such items, including but not limited to acquiring and delivering evidence of necessary insurance coverage directly to the FMCSA and USDOT. The Company will not be responsible if an application is dismissed due to any failure on your part to acquire and deliver any necessary items.
Delays, Dismissals, Reapplication
The Company shall have no liability for delays outside its control, included but not limited to delays caused by the FMCSA or USDOT after an application is submitted. There is no date by which an application must be processed, and only approximate processing dates are provided by the FMCSA and USDOT. If an application is dismissed for any reason, we will notify you by email of such cancellation. If it is determined that you must reapply for operating authority, a new work order must be requested and payment for OA Services must be resubmitted prior to the Company initiating any further services. Previously paid fees will not be credited to any reapplications.
Refunds, Follow-Up Services
Partial refunds are available if you cancel OA Services at any time prior to our submission of an application for operating authority and payment we make for required fees. Refunds are not available once we submit an application and pay any required fees to the FMCSA and/or USDOT. Partial refunds include all fees not paid by us to the FMCSA or USDOT and less our hourly fee of $79 for preparing applications, which includes communications, emails and credit card processing fees. OA Services are deemed to be completed once an application is successfully submitted and a confirmation number is provided. Any additional customer support, email communications or follow-up items to obtain and provide an update on an application’s status is for information purposes and provided as a courtesy by the Company.
Expedited Letter of Operating Authority (ELOA) Services
Expedited Letter of Operating Authority Services are available upon request and are subject to additional fees and expenses. The fees and expenses to expedite the certificate of operating authority is per document and a copy of the original document will be emailed to you once it becomes available. The Company will monitor the status of a submitted application and if an application is dismissed, we will automatically cancel our monitoring service and notify you by email of such cancellation. If the client applies for a reinstatement of an application with the FMCSA and you request us to resume our monitoring service a new work order must be issued which will contain fees and expenses to be paid before services resume. Previously paid amounts will not be credited to future services. We do not provide a full or partial refund after an order was placed and after a credit card was successfully charged.
Unified Carrier Registration (“UCR”) Filing
The UCR is a mandated, annual, state-administered registration program for interstate motor carriers. Motor carriers, motor private carriers, freight forwarders, leasing companies and brokers based in the United States, Canada, Mexico, or any other country that operate in interstate or international commerce in the United States must register under the UCR program, through which, carriers pay UCR fees through their base states on behalf of all participating states.
The Company will register your business with the UCR program administered by the USDOT (“UCR Services”). All fees and expenses for the proposed UCR Services, including all fees payable to the USDOT for the submission of an application, must be paid prior to us initiating any UCR Services. Orders for UCR Services are generally processed within 24 hours after payment is submitted and accepted though if the 24-hour period ends on a weekend or holiday, the order will be processed on the next business day. By completing and making payment for UCR Services, you thereby automatically agree to the scope and expense of the UCR Services offered. It is your responsibility to confirm whether a currently effective UCR is currently on file and whether our UCR Services are in fact required. If it is determined that our UCR Services are not required, only a partial refund will be available, as determined below.
You are responsible to provide accurate responses to all requested or required information to ensure that all information submitted on your behalf is accurate. Additional fees shall apply if an error is detected due to inaccurate information provided to us and which may require a resubmission of materials. If we notify you of any inaccuracy in information you provide, we will notify you by email and you shall have 7 days to cure any inaccuracies or the UCR Services, and any pending application, shall be cancelled and any fees and expenses charged shall be non-refundable. Any requirement of resubmission caused by such inaccuracies will cause additional delays and we shall not be responsible for any delay. We shall have no responsibility for any delays after an application is submitted as we have no control over how the USDOT handles and processes applications. You have 60 days from your initial request for UCR Services to provide us all required and requested information and documents. If you fail to provide all the requested information within the 60-day timeline, the UCR Services will automatically be terminated and payment for the same shall be non-refundable.
Cancellation of UCR Services
You may cancel UCR Services at any time prior to our submission of materials with the USDOT but any fees paid by you shall become non-refundable once materials are filed with the USDOT and application fees associated with such application are submitted. Subject to the terms below, a partial refund may be available if you cancel UCR Services prior to our submission of materials to the USDOT; any request for cancellation after we have submitted materials will be denied and no refund of fees will be available. To qualify for a partial refund, a cancellation needs to be requested in writing by sending us an email no later than 24 hours after an order for UCR Services is submitted. Requests for cancellation received later than 24 hours after an order for UCR Services is submitted to us will be declined and no refund will be provided. Partial refunds include all fees not paid by us to the FMCSA or USDOT less our hourly fee of $99 for preparing applications, which includes communications, emails and credit card processing fees.
Disclaimer of Warranty and Limitation on Liability
Except as expressly set forth herein, the content and functionality of the Website and the Services provided by the Company are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Website’s content or that the functionality of the Website will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Websites and the Services is at your sole risk.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE WEBSITE OR OUR PROVISION OF SERVICES IS TO STOP USING THE WEBSITE AND TO CANCEL SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY DECISIONS MADE, TREATMENT PROVIDED AND/OR ACTIONS TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE, OR (II) OUR PRIVISION OF SERVICES, AND IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR THE PROVISION OF SERVICES UNDER THESE TERMS OF SERVICE EXCEED $100.
THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF THE COMPANY, OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. In addition, the limitation of liability set out above does not apply to liability resulting from our willful misconduct.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service, or your use of the Website, or any use of the Services. You also agree to indemnify and reimburse the Company for all costs, expenses and fees (including reasonable attorneys’ fees) which the Company incurs as a result of pursuing or defending its rights under these Terms of Services, including costs associated with pursuing the collection of amounts due and owing or defending itself in any action alleging a breach of its obligations hereunder.
In addition to any other legal or equitable remedy available to the Company, the Company reserves the right to terminate or withdraw any materials submitted to any government authority under the Services provided in the case of a breach of your obligations under these Terms of Service.
In case of a disagreement or dispute arising from your use of the Website or any of the Services, you agree to notify us first in writing before taking any remedial actions (including but not limited to initiating any stop payment or disputed charge notification with your financial institution) and we will work in good faith to resolve the disagreement or dispute. Failure to notify us in accordance with these Terms of Service shall be a material breach. As part of your agreement for the payment of fees and fulfillment of your obligations under these Terms of Service, you further agree that any direction you may give to any third party (including but not limited to your financial institution) to withhold payment on your behalf, or who you direct to withhold any action to fulfill your obligations under these Terms of Service, in contravention of these dispute resolution provisions shall be a material breach and shall be an admission of due and owing payment of disputed fees and failure to meet your obligations. You hereby irrevocably appoint the Company, its agents, representatives and attorneys, as your lawful attorney-in-fact in order to demand and authorize payment from your financial institution, as well as to execute and acknowledge such instruments as required by your financial institution to release funds which are due and owing, and to do all other actions as necessary to demand the release of funds and collect the same. Your appointment of the Company as your attorney-in-fact, and all of the Company’s rights and powers, which is coupled with an interest, is irrevocable until all your obligations under these Terms of Service, including all payments obligations, have been fully satisfied. All persons dealing with the Company, its agents, representatives and attorneys, as your attorney-in-fact, shall be entitled to rely upon this power of attorney for the purposes stated herein. Through your use of the Website and your engagement of the Services, you agree that any expenses incurred by us in the pursuit and collection of any charges which are disputed and/or declined by your financial institution, including attorneys’ fees associated with pursuing and collecting the same, shall be fully and unconditionally due and owing.
Any material breach of these Terms of Service, including but not limited to any failure to strictly adhere to the terms and conditions of the dispute resolution provisions herein, shall constitute a material breach. Any discount on fees otherwise afforded by the Company associated with active subscriptions shall no longer apply upon a material breach of these Terms of Service though such fees, in their full, non-discounted amount, may still apply and be charged.
In the case of a material breach associated with a disputed charge, you shall be also subject to the following fees and costs to the fullest extent allowable under law (and to the extent such fees exceed the amounts allowed by law, only such amounts as are allowed):
- any chargeback fee charged by the Company’s financial institution associated with disputed charges,
- fees associated with the Company’s efforts to resolve disputes and pursue collection, with such fees charged at a minimum hourly rate of $99/hour (as well as the Company’s attorneys’ fees incurred as a result of pursuing collection), but in no event less than $99 regardless of the outcome of a dispute,
- a late fee of $49
- a collection fee of 35% of the total amount of disputed charges which remain outstanding.
The Company may immediately terminate Services under these Terms of Services upon the occurrence of a breach hereunder and, upon such termination, all obligations of the Company shall also terminate though the Company reserves all its rights hereunder.
Governing Law and Jurisdiction
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City and County of Denver, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your state or country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Your Comments and Concerns
The Website is operated by FMSCA Processing Agent LLC, d/b/a “#1 A $20 BOC-3 Filing LLC”.
All feedback, comments, complaints, requests for technical support, and other communications relating to the Website and the Services should be directed to:
Email: contact [at] FMCSAprocessingagent.com
Toll-Free – 844-223-6272, Local – 303-223-2619