Website and Platform Terms and Conditions of Use & Privacy Policy

The terms and conditions linked below apply to your use of FMCSA Registration Gov LLC’s website, platform, and/or service. Please read these terms carefully. By continuing to use FMCSA Registration Gov LLC’s website, platform and/or services you agree to be bound by the terms linked below, where applicable.

1. I acknowledge and agree that FMCSA Registration Gov LLC is not associated with FMCSA or any government agency, nor is it an attorney or a law firm. FMCSA Registration Gov LLC does not provide services that an attorney typically performs, and its forms or templates are not a replacement for the guidance or services of an attorney. I understand and agree that I represent myself in this legal matter, and no attorney-client relationship or privilege is established with FMCSA Registration Gov LLC.

2. Our terms of service mandate the use of individual arbitration to resolve disputes. This method supersedes jury trials and class actions and comes with limited available remedies in case of disputes. Please see the Arbitration Agreement section at the bottom of these terms of service for further information.

Refund Policy
We offer refunds for services purchased within 30 days of payment, subject to certain conditions. We cannot issue refunds once the service is completed or has started or if the service is undeliverable. Additionally, we cannot offer refunds for any customized services created specifically for you. Please be aware that once you have accessed or used any of our digital products or services, we cannot provide you with a refund. If you wish to request a refund, please contact us within 30 days of payment with your order number and the reason for your request.

Refunds will be credited back to the original payment method used during the purchase. Please allow up to 10 business days for processing. We will not offer refunds after 30 days.

You may be eligible for a partial refund if you request a cancellation before services are provided. We cannot adjust or cancel orders once the service is completed or has started. If you cancel or dispute an order after payment has been processed, you must reimburse us for all fees incurred during service preparation and handling.

We can cancel orders for services placed at incorrect prices due to website errors. If an order is canceled after payment, we will credit your account for the incorrect price.

If you do not provide the necessary documentation or complete the required paperwork and we cannot contact you after three attempts, you will not be eligible for a refund after 30 days.

If your application gets denied by the state or federal organization, we cannot be held responsible. We will communicate with you and may require additional information, such as legal documentation or a current ID.

For questions, or if you would like to request a refund, please get in touch with our FMCSA Registration Gov Customer Care Center at (833) 443-6272 or email us at support@fmcsaregistrationgov.com.

Chargebacks
The Customer agrees to contact us before issuing a chargeback. We need a written agreement to perform a chargeback. You will reimburse all fees incurred if a chargeback gets processed without an agreement. We may take legal action to recover any owed fees. The amount will be credited back to the original payment method if approved. Contact us before issuing a chargeback. We are committed to resolving any issues and ensuring your satisfaction.

Cancellation Policy
Per our policy, you may cancel your order within 30 days of placing it, provided you have yet to access or use our service and the filing has yet to be initiated or completed. We will send you a confirmation email once the order is fulfilled and completed. If you cancel your order after receiving the confirmation email, we cannot issue any refunds. However, if you cancel your order within 30 days of placing it, and we have yet to send you an email confirmation, we will refund your payment within 10 business days of receiving a written cancellation notice from you. To cancel your order, email our office at support@fmcaregistration.com by midnight on the third day after placing the order.

If you have any questions or concerns, please feel free to contact us via email at support@fmcaregistration.com.

Completed Orders
Please note that completed orders are not eligible for refunds.

The following terms and conditions apply to this Agreement. The Customer agrees that all prepaid fees are non-refundable, regardless of termination. Either Party may terminate this Agreement by providing written notice to the other Party if the non-terminating Party fails to perform its material obligations or becomes the subject of any bankruptcy proceedings. Additionally, FMCSA Registration Gov LLC may terminate or suspend the Customer's license grant or limit their use of services if the Customer violates laws or contractual obligations, fails to pay their bills or misuses FMCSA Registration Gov LLC's system. If the Customer violates the terms of their contract or legal requirements, FMCSA Registration Gov LLC may discontinue their services and cancel the Agreement immediately.

Disputed Charges
If you ever dispute a charge on your credit card, you agree to contact the FMCSA Registration Gov LLC Customer Help Center at (833) 443-6272.

Abandoned Orders
My purchase may allow me to create my legal documents. I understand that other than as required by applicable Law, I shall have no right to cancel, request a cash refund, or obtain store credit for any undelivered order after 60 days have elapsed from the purchase date unless FMCSA Registration Gov LLC is at fault. Delivered orders are non-refundable. Both parties acknowledge that FMCSA Registration Gov LLC is out of pocket time and money for undertaking the work, and both parties fully intend to complete the Order. Abandoned orders will result in liquidated damages equal to the amount paid to FMCSA Registration Gov LLC for reimbursement of our commitment to service this Order.

Privacy & Policy
FMCSA Registration Gov LLC ("Company, we, or us") protects your right to privacy. In keeping with that commitment, we provide details about the information we collect while doing business.

When you visit the Site
When you visit our website ("Site"), you will be assigned a permanent "cookie" (a small text file) that gets stored on your computer's hard drive. The cookie aims to identify you when you visit the Site so we can enhance and customize your online experience.

You can browse the Site without cookies, but without this identifying file, you may not be able to take advantage of certain Site features. Each web browser is different, so generally check your browser's "Help" menu to learn how to change your cookie preferences.

We also collect certain technical information from your computer each time you request a page during a visit to the Site. This information may include your Internet Protocol (IP) address, your computer's operating system, web browser type, and the address of a referring website, if any. We collect this information to enhance the quality of your experience during your visit to the Site and will not sell or rent this information to any third parties.

We may also contract with third parties to provide data collection and reporting services regarding the Site and track and measure the performance of our marketing efforts. These third parties may use cookies and receive anonymous information about your browsing and activity on the Site. None of your personally identifiable information (such as your name, address, and email address) will be received by or shared with these third parties.

When you submit information to us
Information you submit to us via the Site gets stored on a secure server.

FMCSA Registration Gov LLC does not act as an attorney or issue legal advice, opinion, or recommendation about anyone's personal legal rights, remedies, defenses, options, selection of forms, or strategies.

When you choose to receive email from us
Occasionally, you may receive email information about our products, promotions, and services. In addition to receiving emails from us, you may occasionally receive special mailings from us and reputable companies whose products interest you. To remove your name from our email list, please send an email with the words "OPT-OUT" in the subject line to support@fmcsaregistrationgov.com.

When you enter a contest or complete a survey
Contests and surveys help us improve our product offerings and enhance the site. We may occasionally email participants about special offers and updates. If you don't want to receive emails, email us with "OPT-OUT" in the subject line to support@fmcsaregistrationgov.com.

When you click on a link in our email communications
We may collect specific user profile information, such as the referring URL, to create a better electronic community. This information aims to identify broad demographic trends that allow us to provide information tailored to your interests. The data will not personally identify you.

When you leave our Site
We have no control over the privacy practices of sites outside our domain. If you follow a link on the Site to another website, read that website's privacy policy and contact that website's administrator with your privacy-related questions.

FMCSA Registration Gov LLC does not share clients' information with outside sources. All use of client data is specific to our company.

USER CONTENT
This refers to any information you provide us, such as completed forms, certificates, records, messages, or postings, whether for governmental filings or otherwise. You are solely responsible for the accuracy and completeness of your User Content and assume all risks associated with its use. We cannot be held accountable for disclosing your User Content that personally identifies you or any third party.

WHEN THIS APPLIES
For example, if you fill out a DOT application correctly but are rejected by the government for reasons beyond our control, we can only refund our fee for issues for which we are directly responsible. We cannot issue a refund if you change your mind about a purchase. For Registered Agent Services customers, if you no longer want our services, you must appoint a new registered agent for your business. If you need help finding the correct government form to change your registered agent with the state, please contact our Help Team.

Please note that our standard trucking packages and products do not include IFTA, IRP, or state or federal tax registration. If you require IFTA or IRP registration, please contact us, and we will do our best to assist you in finding a solution. All services related to IFTA and IRP are separate products with unique charges based on the Customer's specific needs. Any additional taxes through your state or any tax bureau are solely the Customer's responsibility.

Arbitration Agreement
(a) FMCSA Registration Gov LLC, and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory;

  • Claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);

  • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class and

  • Claims that may arise after the termination of these Terms.

For this Arbitration Agreement, references to "FMCSA Registration Gov LLC," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.

Notwithstanding the preceding, either Party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. If the Law allows, such agencies can seek relief against us on your behalf. You agree that, by entering these Terms, you and FMCSA Registration Gov LLC each waive the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce; thus, the Federal Arbitration Act ("FAAA") governs the interpretation and enforcement of this provision. This arbitration provision will survive the termination of these Terms.

(b) A party who intends to seek arbitration must first send, by US certified mail, a written Notice of Dispute ("Notice") to the other Party. A Notice to FMCSA Registration Gov LLC should be addressed to: Notice of Dispute, General Counsel, FMCSA Registration Gov LLC fmcsaregistrationgov.com (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If FMCSA Registration Gov LLC and you do not agree to resolve the claim within 30 days of receiving the Notice, you or FMCSA Registration Gov LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by FMCSA Registration Gov LLC, or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or FMCSA Registration Gov LLC is entitled.

You may download or copy a form Notice by emailing us @ support@fmcsaregistrationgov.com
You may download or copy a form to initiate arbitration from the Arbitration Agreement Association website at https://www.adr.org or email at CustomerService@adr.org

(c) After FMCSA Registration Gov LLC receives Notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, which is subject to change by the arbitration provider. If you cannot pay this fee, FMCSA Registration Gov LLC will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules of the Arbitration Agreement, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000 and will be administered by the AAA. The AAA Rules are available online at www.arbitrationagreement.org or by calling the AAA at 800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing Notice to FMCSA Registration Gov LLC, at support@fmcsaregistrationgov.com) These Terms bind the arbitrator.

All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision, and the scope, enforceability, and understanding of paragraph (f) are for the court to decide. Unless FMCSA Registration Gov LLC and you agree otherwise, any arbitration hearings will occur in the county (or parish) of your contact address. Suppose your claim is for $10,000 or less. In that case, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing established by the AAA Rules. If you choose to proceed in person or by telephone, we may respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither Party will rely for preclusive effect on any award or finding of fact or conclusion of Law made in any other arbitration of any dispute or claim to which FMCSA Registration Gov LLC was a party. FMCSA Registration Gov LLC will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated by the notice requirements above except as otherwise provided. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse FMCSA Registration Gov LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney's fees and expenses), the payment of these fees will be governed by the AAA rules.

(d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of FMCSA Registration Gov LLC's last written settlement offer made before selecting an arbitrator, then FMCSA Registration Gov LLC will:

  • Pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater, and

  • Pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "attorney's payment").

Suppose FMCSA Registration Gov LLC did not make a written offer to settle the dispute before selecting an arbitrator. In that case, you and your attorney are entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes regarding the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either Party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney's fees or expenses is greater than the value of FMCSA Registration Gov LLC's last written settlement offer, the arbitrator shall have in his or her calculations only the value of any attorney's fees or expenses you reasonably incurred in connection with the arbitration proceeding before FMCSA Registration Gov LLC's settlement offer.

(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and costs you may have under applicable Law. Thus, if you would be entitled to a more significant amount under applicable Law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws, FMCSA Registration Gov LLC may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, FMCSA Registration Gov LLC will not seek such an award for claims under $75,000.

(f) The arbitrator may award injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party's claim. YOU AND FMCSA REGISTRATION GOV LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, suppose you and FMCSA Registration Gov LLC agree otherwise. In that case, the arbitrator may consolidate up to one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable Law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If the amount in dispute exceeds $75,000 or either Party seeks any form of injunctive relief, either Party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall have stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the appealing Party's Notice of Appeal date. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the AAA.

(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link, or telephone number provided herein), that change will not apply to any dispute of which we had written Notice on the effective date of the change. Moreover, we seek to terminate this arbitration provision. In that case, any such termination will only be effective at least thirty (30) days after written Notice of such termination is provided to you. It shall not be effective as to disputes that arose before the termination date.

  1. Services. These terms and conditions (these "Terms") shall govern the sale and provision of services ("Services") by FMCSA REGISTRATION GOV LLC., a California Corporation ("FMCSA REGISTRATION GOV LLC ") to the Buyer ("Customer") outlined in the order form signed by Customer for the Services of FMCSA REGISTRATION GOV LLC ("Order Form"), which Services may include the following, licensing, registration, administrative, titling, fuel tax reporting, fuel bonding services, driver qualification file management, log auditing, background checks, Controlled substance testing, DOT safety services, risk management, asset management, periodic inspection tracking, maintenance management, CSA scorecards, online driver training and reports for Customer's vehicles (trucks, tractors, buses, and trailers, etc., collectively referred to as "Vehicles") or access to FMCSA REGISTRATION GOV LLC Software as provided and further described in the Order Form.

    The Order Form, all Terms, and its included Attachments (collectively, this "Agreement") make up the totality of the Agreement between all parties. This Agreement usurps all prior agreements, negotiations, representations, warranties, and written and oral communications. These Terms overrule any of the general terms and conditions of purchase regardless of whether the Customer has tendered its purchase order or such terms. Fulfillment of Buyer's Order or the Order Form does not establish acceptance of any Customer terms and conditions. It does not serve to modify or amend these Terms.

    FMCSA REGISTRATION GOV LLC agrees to perform all the Services outlined in the Order Form by written requirements included in the Order Form and all pertinent regulations, laws, rules, ordinances, guidelines, and professional standards, including those about the confidentiality and the use and disclosure of people's health information. The Services will be performed promptly and professionally, and Customer agrees to supply FMCSA REGISTRATION GOV LLC promptly with all correct data required by FMCSA REGISTRATION GOV LLC to perform the Services. Customer will not hold FMCSA REGISTRATION GOV LLC responsible for and agrees to pay any additional costs, fines, or other issues created by Customer's incorrect or incomplete information, insurance certificate errors, delays in State or federal processing time, or other matters not directly controlled by FMCSA REGISTRATION GOV LLC. FMCSA REGISTRATION GOV LLC may utilize outside contractors, subcontractors, contract consultants, representatives, or agents to perform the Services at FMCSA REGISTRATION GOV LLC's sole discretion. FMCSA REGISTRATION GOV LLC may occasionally change the Services identified in the Order Form without the Customer's concurrence, given that such changes do not materially affect the nature or scope of the Services, the fees, or any performance dates agreed upon.

  2. Software. Part of the Services provided to the Customer under the Order Form may be access to the FMCSA REGISTRATION GOV LLC Company software or any other FMCSA REGISTRATION GOV LLC software, mobile software applications, or other software services (collectively "Software"). The Customer is accountable for compliance with, and will be obligated to, any further or pertinent terms, conditions, and end user license agreement ("EULA") for the applicable Software, which will be identified in the Order Form. Suppose there is a conflict between this Agreement and any Terms and Conditions of Use or EULA for any Software provided in the Order Form. In that case, the terms of the Order Form will apply first. The Terms and Conditions of Use and EULA will apply next.

  3. Deliverables. "Deliverables" shall mean any reports generated for the Customer, utilizing Customer data, by any Service or Software provided by FMCSA REGISTRATION GOV LLC. Except for "Pre-Existing Materials," the Customer shall be the only exclusive owner of all interests, rights, and titles in and to the Deliverables, including all intellectual property rights. FMCSA REGISTRATION GOV LLC and its licensors are, and shall remain, the exclusive owners of all rights, titles, and interests in and to the Pre-Existing Materials, including all intellectual property rights therein. FMCSA REGISTRATION GOV LLC expressly reserves all other rights in and to the Pre-Existing Materials. "Pre-existing Materials" means all documents, data, Software, and other materials, including computer programs, reports, and specifications, provided by or used by FMCSA REGISTRATION GOV LLC in connection with performing the Services, in each case developed or acquired by FMCSA REGISTRATION GOV LLC before the commencement or independently of this Agreement.

  4. Warranty; Disclaimer. 

    1. FMCSA REGISTRATION GOV LLC warrants ("Warranty") that (i) it will exercise professional care and proficiency in the performance of the Services and (ii) it will comply with applicable laws, ordinances, rules, and regulations about the Services or this Agreement which apply to performance of Services hereunder; provided, that, the parties acknowledge that Customer remains solely responsible for compliance with laws, ordinances, rules, regulations or orders issued by any public authority as such relate specifically to Customer's industry or operation of its business.

    2. FMCSA REGISTRATION GOV LLC warrants to Customer that FMCSA REGISTRATION GOV LLC has full authority and sufficient rights, except for rights-respecting programs, data, and materials provided by Customer or identified by FMCSA REGISTRATION GOV LLC as furnished to Customer by third-party vendors, to provide the Services under this Service Agreement.

    3. UNLESS EXPRESSLY OUTLINED IN THIS AGREEMENT, FMCSA REGISTRATION GOV LLC MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY NATURE, IMPLIED OR EXPRESS INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ACCURACY OF ANY INFORMATION OR DELIVERABLE REGARDING THE SERVICES PERFORMED UNDER THIS AGREEMENT.

  5. Limitation of Liability. 

    1. EXCLUSION OF DAMAGES – NO CONSEQUENTIAL DAMAGES. IN NO EVENT WILL FMCSA REGISTRATION GOV LLC OR ANY OF FMCSA REGISTRATION GOV LLC LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT, or (b) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF FMCSA REGISTRATION GOV LLC ESSENTIAL PURPOSE.

    2. EXCLUSION OF DAMAGES – DATA. EXCEPT AS PROVIDED IN SECTION 6.2, IN NO EVENT WILL FMCSA REGISTRATION GOV LLC OR ANY OF FMCSA REGISTRATION GOV LLC LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY: (a) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, (b) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY AS DEFINED UNDER THE EULA.

    3. CAP ON MONETARY LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF FMCSA REGISTRATION GOV LLC. IT'S LICENSORS, SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT, IT'S SUBJECT MATTER, OR PROVISIONS OF THE EULA, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, DEFENSE AND INDEMNIFICATION OBLIGATIONS AND OTHERWISE, EXCEED THE COMPOSITE AMOUNTS PAID OR PAYABLE TO FMCSA REGISTRATION GOV LLC UNDER THIS AGREEMENT, LESS PASS-THROUGH FEES PAID TO ANY THIRD PARTY, IN THE YEAR PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE PRECEDING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF FMCSA REGISTRATION GOV LLC ESSENTIAL PURPOSE.

  6. Indemnification. 

    1. Customer Indemnification. Customer shall be solely liable for and expressly agree to defend, indemnify, and hold FMCSA REGISTRATION GOV LLC and its subcontractors and affiliates harmless. Each of its and their respective employees, agents, successors, and assigns ("FMCSA REGISTRATION GOV LLC Indemnitee") from and against any liability, claims, loss, damage, costs, expenses, including attorneys' fees and costs ("Losses") arising out of any third-party claim to the extent the Losses occur out of a Customer's wrongful acts, omissions, violations of all applicable laws, statutes, or regulations, or failure to comply with the requirements of this Agreement, or Customer's or any other party's reliance upon any Customer provided data or information, or errors or inaccuracies in any deliverable provided by FMCSA REGISTRATION GOV LLC (including its employees, contractors, subcontractors, contract consultants, representatives and agents) if such errors or inaccuracies are solely due to the Customer provided information.

    2. FMCSA REGISTRATION GOV LLC Indemnification. FMCSA REGISTRATION GOV LLC shall indemnify, defend and hold harmless Customer from and against any and all Losses incurred by Customer, its officers, directors, employees, agents, successors, and assigns ("Customer Indemnitee") to the extent that such Losses arise from (i) errors or inaccuracies in any deliverable provided by FMCSA REGISTRATION GOV LLC (including its employees, contractors, subcontractors, contract consultants, representatives, and agents) unless such mistakes or inaccuracies are due to: (1) Customer provided information or, (2) information provided to FMCSA REGISTRATION GOV LLC by third parties or government agencies; or ii) any gross negligence of FMCSA REGISTRATION GOV LLC wherein such gross negligence results in (1) impairment, inability to use or loss, interruption or delay of the Services outside of the Service Levels provided in Section 7.1 of the EULA solely due to such gross negligence, or (2) loss, damage, corruption or recovery of data, or breach of data or system security solely due to such gross negligence. The defense and indemnification obligations under this Section 6.2 are expressly limited in the amount of monetary liability that FMCSA REGISTRATION GOV LLC will provide and incur for both its defense and indemnification obligations (in aggregate) by the amount outlined in the Cap on Monetary Liability provision in the laws that govern the transaction.

    3. Indemnification Procedure. Each Party shall immediately notify each other in writing identifying the action for which such Party believes it is entitled to be indemnified under Section 6.1 or Section 6.2, as the case may be. The Party seeking indemnification (the "Indemnitee ") shall cooperate with the other Party (the "Indemnitor ") at the Indemnitor's sole cost and expense. The Indemnitor may assume, at its sole option, control of the defense and investigation of such action and shall employ counsel reasonably acceptable to the Indemnitee to handle and defend the same at the Indemnitor's sole cost and expense. If the Indemnitor decides not to take control of the defense, it will provide prompt written notice to the Indemnitee. Suppose the Indemnitee assumes control of the defense after the Indemnitor provides written notice that it will not control the defense. In that case, the Indemnitor will reimburse the Indemnitee promptly and periodically for the reasonable costs incurred adequately in defending against the indemnified claim (including reasonable attorneys' fees and expenses) and remain responsible to the Indemnitee for any Losses reimbursed. The Indemnitee's failure to perform any obligations under this Section 6 will not relieve the Indemnitor of its obligations under Section 6 except to the extent that the Indemnitor can demonstrate that it has been materially prejudiced due to such failure. If the Indemnitor controls the defense, the Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its choosing. 

  7. Force Majeure.

    1. No Breach or Default. In no event will FMCSA REGISTRATION GOV LLC be liable or responsible to Customer, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond FMCSA REGISTRATION GOV LLC's reasonable control (a "Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, the passage of Law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation. FMCSA REGISTRATION GOV LLC may terminate this Agreement if a Force Majeure Event continues substantially uninterrupted for 30 days or more.

    2. Affected Obligations. In the event of any failure or delay caused by a Force Majeure Event, FMCSA REGISTRATION GOV LLC shall give prompt written notice to Customer stating the period the occurrence is expected to continue and use commercially reasonable/diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.

  8. Miscellaneous.

    1. Non-Disclosure/Proprietary/Confidential Information. Except as expressly permitted in writing or as     required to perform the Services or as permitted under the EULA, neither of the Parties will disclose to any third person any unpublished information or knowledge it acquires about the other Party's business, products, employees, or methods unless Law requires such disclosure. 

    2. Relationship of the Parties. Each Party to this Agreement shall be an independent contractor and not an agent, employee, servant, or representative of the other Party. Accordingly, the employee(s) of one Party shall not be considered the employee(s) of the other Party. Neither Party shall enter into any contract or service agreement with a third party that purports to obligate or bind the other Party or make any representations regarding the other Party without the prior written authorization of the other Party. Nothing in this Agreement shall be construed as creating a partnership, joint venture, principal and agent, or employment arrangement between the Customer and FMCSA REGISTRATION GOV LLC or its employees and agents for any purpose, including but not limited to the application of the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, and any state statutes, including but not limited to, workers' compensation and unemployment insurance laws. Nothing in this Service Agreement confers on a Party any right, power, or authority to bind, transact any business in its name, make any promises or representations on its behalf, or otherwise obligate the other Party concerning any matter, whether arising under this Agreement or otherwise.

    3. Assignment. Customer shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of Law or otherwise, without FMCSA REGISTRATION GOV LLC's prior written consent, which consent shall not unreasonably be withheld. For purposes of the preceding sentence, and without limiting its generality, any merger, consolidation, or reorganization involving Customer (regardless of whether Customer is a surviving or disappearing entity) will be deemed to be a transfer of rights, obligations, or performance under this Agreement for which FMCSA REGISTRATION GOV LLC's prior written consent is required. No delegation or other transfer will relieve Customer of obligations or performance under this Agreement. Any purported assignment, delegation, or transfer violating this paragraph is void. This Agreement is assignable by FMCSA REGISTRATION GOV LLC. This Agreement is binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.

    4. .Notice. Notices sent under this Section 8.4 will be deemed effectively given: (a) when received if delivered by hand, with signed confirmation of receipt; (b) when received, if sent by a nationally recognized overnight courier, a signature is required; (c) when sent, if by facsimile or email to the other Party at its address as follows, or to such different address(es) as either Party may, by written notice, designate to the other from time to time. 
      If to Customer, at the address set forth on the Order Form
      If to FMCSA REGISTRATION GOV LLC:
      FMCSA REGISTRATION GOV LLC, 26102 Alizia Canyon, Unit C, Calabasas, CA 91302.
      Attn: Chief Financial Officer

    5. Entire Agreement. The Order Form includes Supplements. The EULA and these Terms constitute the entire understanding and Agreement between the Parties and supersede all prior agreements, including without limitation representations, proposals, discussions, arrangements, or communications, whether oral or in writing, concerning the subject matter of this Agreement. In the event of any inconsistency between the statements made in these Terms and the Order Form and its Supplement or the EULA, the following Order of precedence governs: (a) first, the Order Form; (b) second, these Terms; (c) third, the EULA, (d) fourth the Supplements of the Order Form, and (e) fifth, any other documents incorporated herein by reference.

    6. Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing, identified as an amendment to or rescission, termination, or discharge of this Agreement, and signed by an authorized representative of each Party. No waiver by any party of any of the provisions hereof shall be effective unless explicitly outlined in writing and signed by the Party so waiving. Except as otherwise outlined in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

    7. Severability. Suppose any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction. In that case, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement to affect the original intent of the parties as closely as possible in a mutually acceptable manner so that the transactions contemplated as a result of this get consummated as initially considered to the greatest extent possible.

    8. Governing Law. This Agreement is governed by and construed by the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the city of Calabasas, County of Los Angeles. Each Party irrevocably submits to the jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such Party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.

    9. No Third Party-Beneficiaries. Unless otherwise stated in this Agreement, this Agreement is for the benefit of the Parties and their successors. It is not intended to confer any rights or benefits to any third party, including any employee or Customer of either Party.