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© 2024 All Rights Reserved.
Welcome to the DOT Filing & Compliance (“DFAC”) website and services (collectively, the “Platform”). The following terms and conditions (“Terms”) and all agreements linked herein, including the Privacy Policy, govern your access to and use of the Platform and any content, functionality, features, information, and services offered now or subsequently available through the Platform, whether as a guest or a registered user (collectively the “Customer” or “you”). The Customer understands and acknowledges that DFAC is operated by a private third-party provider offering services for a fee. This is a commercial solicitation and advertisement. DFAC is NOT affiliated with any government authority. You should read all of our Terms carefully because you are promising not to break any agreements in these Terms and Conditions. If you don’t understand these terms and conditions or you don’t agree to all of these terms and conditions, you may not use our Services. If you are using our Platform or accessing our Services on behalf of a business or legal entity, you may only do so if you have authority to agree to these Terms on behalf of that business or legal entity.
Please read these Terms carefully before you use the Platform.
1. Consent and Binding Application – By accessing or using the DFAC Platform, you accept and agree to be bound and abide by these Terms, our Privacy Policy, and all applicable Federal, State, and local laws and regulations. If you do not agree to these Terms, you are not authorized to and are prohibited from accessing the Platform. DFAC may revise and update these Terms at any time by posting revisions to the Platform, and your continued use of the Platform constitutes your acceptance of and agreement to the revised Terms. All changes are effective immediately when DFAC posts them and apply to all access to and use of the Platform thereafter. Accordingly, DFAC urges you to review these Terms regularly as they are binding on you.
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 DFAC 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 – DFAC reserves the right to withdraw or amend the Platform, and any service, option, or material DFAC provides on the Platform, in our sole discretion without prior notice. DFAC 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, DFAC may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
This agreement is between DFAC, 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 DFAC at any time without prior notice. DFAC shall not be held responsible for any losses or damages resulting from unforeseen circumstances.
4. Services – DFAC offers the following services to Customers:
5. Subscriptions – In addition to the services listed above, DFAC offers the following subscription-based renewal services for compliance with FMCSA:
6. Orders – Customers may place Orders to request registration and filing services through the Platform or through our LiveChat communication portal. It is the Customer’s responsibility to provide accurate, complete, verified, and valid information. DFAC will use and store this information in accordance with our privacy policy. The reliability and accuracy of all DFAC services is totally dependent on the information provided by the Customer and DFAC is not responsible or liable for damages arising from incorrect or incomplete information provided by the Customer.
7. Filing process – Once the Customer has provided the required information and payment, DFAC will generate the binding agreements and contracts between the Customer and DFAC 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 DFAC 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. DFAC 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 DFAC. 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 DFAC 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, DFAC 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, DFAC 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 DFAC if legal action is necessary to collect payment.
12. Refunds and Cancellations – Please refer to our Refund Policy for information regarding refunds and cancellations.
13. Monitoring and Recording – DFAC may monitor and/or record any communications between DFAC (or our Service Providers) and you for quality control, service help and other permitted business purposes. This monitoring or recording may be done without any further notice to you or anyone acting on your behalf. Privacy Policy
14. Co-Browsing – CoBrowse enables us to view your active digital session in a limited capacity to provide you with live on-screen assistance while interacting with our websites and digital services. DFAC will only be able to CoBrowse within the Platform and digital services and will not be able to view other applications on your device. This will not allow us to gain control of your computer, unless specifically authorized and accepted by you. The Co-browsing may be done without any further notice to you or anyone acting on your behalf. Privacy Policy
15. ScreenShare – ScreenShare enables DFAC 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. DFAC 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 DFAC 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 DFAC 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 DFAC will not be held liable for any actions taken based on such advice or information. The reliability and accuracy of all DFAC services is totally dependent on the information provided by the Customer and DFAC 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. DFAC does not warrant that the Platform or its content will be error-free or uninterrupted. DFAC 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. DFAC 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, DFAC, 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 DFAC 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. DFAC 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.
18. Entire agreement – These terms and conditions along with the accompanying information on the Platform, the Privacy Policy and Refund Policies constitute the entire agreement between DFAC and the Customer and supersede any prior agreements or understandings, whether written or oral (executed agreements and Contracts available upon request). If any provision of this agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect. Severability: If any provision of this agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
19. Waiver – The failure of DFAC 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 DFAC in writing within 30 days of the date you first registered for the Site. To opt out, you must send an email to DFAC at http://7jz.10e.myftpupload.com/contact-us 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 DFAC constitutes mutual acceptance of the terms of this Arbitration Provision by you. You have the right to consult with counsel of your choice concerning DFAC 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 DFAC , DFAC`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 – DFAC 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 http://7jz.10e.myftpupload.com/contact-us/
26. Assignment – The Customer may not assign this agreement or transfer any rights to use the services without the prior written consent of DFAC.
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 DFAC at http://7jz.10e.myftpupload.com/contact-us
DFAC Filings – Privacy Policy
This is the Privacy Policy Notice for DOT Filing and Compliance (“DFAC”). DFAC Filings, along with its affiliates and joint ventures, provides services in the transportation industry, including Department of Transportation (DOT) compliance services (referred to throughout as “Services”). DFAC collects personal information from Customers (referred to throughout as “Customer”, “you”, “your”, and or “user”) and visitors through our website and services, (collectively referred to throughout as “the Platform”) and in connection with DFAC’s Services. This Privacy Policy explains how and why DFAC might (“DFAC,” “we,” “us,” or “our”) use, collect, store and/or share your information when you access the Platform or use our Services, as well as the choices you have regarding it and how you can contact DFAC with any questions or concerns. DFAC is committed to full compliance with all applicable privacy laws. If you think you have additional rights in your region, state, or jurisdiction, please contact DFAC. If you do not agree with any of our policies and practices, please do not use visit the Platform or use our Services. If you have any questions or concerns, contact DFAC by email at http://7jz.10e.myftpupload.com/contact-us/ or through the LiveChat feature on our Platform.
All personal, billing, and company information that you provide to DFAC must be true, complete, and accurate, and you must notify DFAC of any changes to such personal and company information. DFAC is not responsible for the consequences of the provision of incorrect, incomplete, or fraudulent information.
DFAC does not permit use by minors, however, under California law, if you are under 18 years of age, reside in California, and have a registered account, you have the right to request removal of unwanted data that you publicly post on the Services. DFAC’s Services and the use of the Platform is not intended for minors, and upon learning or notification that a minor has registered an account, DFAC reserves the right to cancel and delete your account. To request removal of such data, please contact DFAC at [email protected] or through the LiveChat feature on the Platform and include the email address associated with the account and a statement that you reside in California. DFAC will make sure the data is not publicly displayed on the Platform, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
All other individuals are defined as “non-residents.” If this definition of “resident” applies to you, DFAC must adhere to certain rights and obligations regarding your personal information.
Upon verification, we will disclose to you:
To exercise these rights, you can contact DFAC or by referring to the contact details at the bottom of this document. If you have a complaint about how DFAC handles your data, DFAC would like to hear from you, please contact DFAC at [email protected] or through the LiveChat feature on the Platform.
If this definition “consumer” applies to you, DFAC must adhere to certain rights and obligations regarding your personal data. The information DFAC collects, use, and disclose about you will vary depending on how you interact with DFAC and our Services. Your rights with respect to your personal data:
DFAC does not “sell” personal information as that word is traditionally defined. However, DFAC does share personal information with third parties to provide personalized advertising. Through the use of cookies, certain personal information may be made available to third parties. This is the “targeting” that you may opt-out from under Virginia law.
Exercise your rights provided under the Virginia CDPA – You can opt out from the selling of your personal data, targeted advertising, or profiling by disabling cookies in Cookie Preference Settings. You may contact DFAC by email at [email protected] or LiveChat on our Platform. If you are using an authorized agent to exercise your rights, DFAC may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Verification process – DFAC may request that you provide additional information reasonably necessary to verify you and your consumer’s request. If you submit the request through an authorized agent, DFAC may need to collect additional information to verify your identity before processing your request. Upon receiving your request, DFAC will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. DFAC will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.
DFAC - Streamline Your Trucking Business: All-in-One Solutions for Success
FMCSA every two years at a minimum to obtain and maintain your USDOT number.
Designation of Process Agent filing
California Number