Terms of Service Agreement
use the Service.
This Agreement is subject to change by FMCSA Processing Agents at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following FMCSA Processing Agents posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by FMCSA Processing Agents from time to time, such modifications to be effective upon posting by FMCSA Processing Agents on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
Third Party Service Provider
FMCSAProcessingAgent.com is a private, third-party truck permit company offering services for a fee. This is a commercial solicitation and advertisement. FMCSAProcessingAgent.com is NOT affiliated with any government authority. In placing an order through this site, you appoint FMCSAProcessingAgent.com as your agent.
Once you request a service from FMCSA Processing Agent by submitting your order online or on the phone with one of our agents, there will be NO REFUNDS or CANCELLATIONS. ALL TRANSACTIONS ARE FINAL.
In the event you opt to participate in the automatic UCR renewal program, you understand that you may cancel the upcoming annual renewal on or before September 30 (i.e. you may cancel 2019 registration by emailing us on or before September 30, 2018) by writing to contact@FMCSAProcessingAgent.com. Any carrier still in our UCR renewal database as of October 1st will be charged for the renewal and cannot cancel until the following year.
In the event you wish to opt out of our process agent service (BOC-3), your request needs to be made by writing to contact@FMCSAProcessingAgent.com before your subscription renewal. There will be no refund once your credit card gets charged through our automated system.
Service of Process for BOC-3 Filing
By signing up to receive a process agent service (BOC-3) you agree to a yearly fee of $20 and one-time setup fee of $15 if you submit your application online and a one-time setup fee of $40 if you file with one of our agents over the phone. By applying for BOC-3 from the FMCSA Processing Agent you agree and authorize the FMCSA Processing Agent, through the payment processor, to charge your chosen payment provider (“Payment Method”) for the applicable fees and you agree to make payments using that selected payment method on a recurring basis. Unpaid invoices are subject to a finance charge of 25% if not paid after 7 days from the due date, and the cancellation of service after 14 days, after which we will notify the Federal Motor Carrier Safety Administration and your BOC-3 filing will be taken down. THE CANCELLATION OF BOC-3 WILL RESULT IN DEACTIVATION OF THE CARRIER’S AUTHORITY AFTER 7 DAYS OF NOTICE.
In consideration of the payment of the fees, the FMCSA Processing Agent will act as your agent for the acceptance of service of process on your behalf at our principal office in relation to all or any of the agreements and subject to these terms and conditions. As soon as reasonably practicable after Service of Process, the Process Agent will notify you of the service by one of the means specified in the Instructions and seek your instructions as for how best to deliver the documents served upon the Process Agent to you or your advisers. In the event that no response is received from you following notification by the Process Agent, the FMCSA Processing Agent shall use it’s reasonable endeavors to contact you by whatever means seem appropriate in its sole discretion but shall accept no liability for failure to contact you other than via the notified contact details of the Named Representative. The Process Agent will follow your reasonable instructions relating to the dispatch of the documents served on them and such dispatch shall release the Process Agent from its obligations. Neither the FMCSA Processing Agent nor the Process Agent has any responsibility to ensure or guarantee any receipt by you or your agent(s) of any documents served on the Process Agent.
You will be responsible for all additional administrative fees incurred by FMCSA Processing Agent or the Process Agent with respect to the receipt and forwarding of served documents. Such fees may include notarial fees, postage and handling fees, and other reasonable fees. These fees will be charged automatically to your credit card on file. If your credit card on file is not updated and our automatic charges don’t go through, the FMCSA Processing Agent will send you an invoice where you can pay securely online. The FMCSA Processing Agent will reserve the right to process your credit card multiple times in order to collect payment after we send out an invoice. Failure to pay these invoices and fees within 15 days of an invoice, shall entitle the Process Agent or the FMCSA Processing Agent to terminate the Appointment and your account will be subject to additional fees such as late and account management fees.
UCR Renewal Notice
In the event you opt to participate in the automatic UCR renewal program, you understand and agree that FMCSAProcessingAgent.com will file your UCR as your appointed agent until you cancel; you may cancel the upcoming renewal on or before September 30 by writing to contact@FMCSAProcessingAgent.com. If you are still in our UCR Renewal database as of October 1st, you will be charged for the renewal and cannot cancel until the following year (before September 30). If you submit an order directing us to automatically renew you as your agent, your credit card will be automatically charged with a notice on or after October 1st in accordance with the “Restore Online Shoppers’ Confidence Act” (“ROSCA”). You agree you are giving your “express informed consent” by selecting yes from the drop down box and clicking the green check out button. You are then placing your original UCR order and the automatic renewal order at the same time and are expressing your desire to order the original UCR and the renewal UCRs when you affirmatively click the green check out button. You further agree you are duly informed in accordance with ROSCA. Alternatively, you may choose to order a UCR filing for one year by choosing “No, thank you” from the drop down box menu.
Access and Retention
In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
Commercial Use of Service
If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
- You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
- You have read and understand this Terms of Service; and
- You agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of FMCSA Processing Agents, which may be revoked at any time, for any reason, in FMCSA Processing Agents’s sole discretion.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify FMCSA Processing Agents of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FMCSA Processing Agents will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your FMCSA Processing Agents account.
Limitation of Liability
Limitation of Liability. In no event shall FMCSA Processing Agent be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from FMCSA Processing Agent or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and the services provided by employees of the Websites 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. FMCSA Processing Agent makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites 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 Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL FMCSA Processing Agent , ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF FMCSA Processing Agent HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL FMCSA Processing Agents HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF FMCSA Processing Agents HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of FMCSA Processing Agents and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $100.00 or the sum of any amount paid by the Member or user to FMCSA Processing Agents during the six months prior to notice to FMCSA Processing Agents of the dispute for which the remedy is sought.
Indemnity by You
You agree to indemnify and hold FMCSA Processing Agent , its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
- any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
- any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of FMCSA Processing Agents.
In the event that FMCSA Processing Agent is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for FMCSA Processing Agent’s attorneys’ fees and costs.