FmcsaUpdate Terms of Service

Last Updated January 2024

BEFORE USING THE SERVICES OFFERED BY DCH OPERATING 1 LLC, DBA DotUpdate.com AND ITS AFFILIATES (“DotUpdate.com” ALSO REFERRED TO AS “COMPANY”), PLEASE READ THESE TERMS OF SERVICE (ALSO REFERRED TO AS “TOS” OR “AGREEMENT”) WHICH STATES THE LEGALLY BINDING TERMS AND CONDITIONS FOR USING THE COMPANY’S SERVICES AND WEBSITE (COLLECTIVELY THE “SERVICES”.)  BY CLICKING THE BOX AT CHECKOUT, BY PLACING AN ORDER, OR BY USING THE SERVICES IN ANY MANNER, YOU CONFIRM THAT YOU CAN FORM A BINDING CONTRACT WITH THE COMPANY, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND YOU AGREE TO COMPLY WITH THE TERMS OF SERVICE.  COMPANY, AT ITS SOLE DISCRETION, RESERVES THE RIGHT TO CHANGE ANY OF THE TERMS OF SERVICE AT ANY TIME, AND IT IS YOUR RESPONSIBILITY TO CHECK THE TERMS OF SERVICE ON THE WEBSITE PERIODICALLY FOR CHANGES AS YOUR CONTINUING USE OF THE SERVICES AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES. IF YOU DO NOT AGREE TO THE CHANGES, YOUR SOLE RECOURSE IS TO CEASE USE OF THE SERVICES.

Company works with commercial vehicle customers such as motor carriers, brokers, and freight forwarders, along with their  duly authorized agents (collectively referred to as “Client(s)”) and agrees to provide assistance with the filing services selected by Client, such as those listed below:

Employer Identification Number (EIN), USDOT# Activation, USDOT# Reactivation, Unified Carrier Registration (UCR), Motor Vehicle Records (MVR), Motor Carrier Identification Report (MCS-150), Pre-Employment Screening (PSP), and related services.

The Company provides customer service Monday through Friday, 07:30am – 06:00pm (EST).Requests for Services are made to the Company through phone, web browser, e-mail, or in-person communication. The Client agrees to provide the Company with the necessary information to complete all Services. The Client is responsible for providing accurate and complete information. This information is used and kept in accordance with the terms of our Privacy Policy.

The Company provides services upon request of the Client and in exchange for compensation. This compensation varies depending on the circumstances of the Client and the types of services provided by the Company. After placing an order, an Authorization Form is created. This form must be signed electronically and verified by the Client before proceeding. This electronic signature will constitute an actual signature and will be transmitted to the United States Department of Transportation as part of the filing process. Once the Company receives the signed Authorization Form and the Client’s payment is processed, the Company’s filing process begins. By signing the Authorization Form, the Client gives the Company the right to charge the Client’s valid credit/debit card on file for the designated payment. No services shall be provided to the Client until charges go through. In addition, the Client understands that this Authorization Form will be valid until the payment is made in full.

If the Client’s order includes Employer Pull Notice Program Enrollment Application (EPN) and/or Motor Carrier Permit Application (MCP) forms, Company will complete the filing of necessary documentation and send them to the Client’s address by mail for signature. The Client takes full responsibility for signing and forwarding the forms to the applicable Department of Motor Vehicles (“DMV”).

The Company has the right to reject any orders, including if a Client does not pay or have the willingness to make a payment. The Company reserves the right to cancel any order at any time and for any reason. Prices are set by the Company and agreed with the Client. If the Client signs the Authorization Form indicating the payment price, that means that the Client has agreed to the price. In case of price changes, the Client shall be notified by an agent of the Company. In case of a question about the price of a service, the Client should contact an agent of the Company directly for confirmation and clarification. If the Client requests to cancel an order before the filing has been processed, the Client may be entitled to a partial refund. However, if the entire filing process was completed at the time of the request, no refund will be made. All orders are assigned to an agent and are automatically processed on our secure merchant processor as soon as the order form is signed by the customer. Company is unable to adjust or cancel orders once the order is placed and the application has been initiated/processed. In case of cancellation of the order after signing the form, the Client will be obliged to reimburse Company for all fees incurred in the preparation and processing of the application. This will include the initial price and sales tax.

If a Service is listed on a Company website at an incorrect price due to a typographical or pricing error, the Company has the right to cancel or reject any orders placed for services at the incorrect price. The Company has the right to cancel these orders, regardless of whether the order has been confirmed and the Client’s payment has been charged. If the Client’s account has been charged for a purchase and the order is then canceled, the Company will issue a credit to the same card in the amount of the incorrect price.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS, AND THAT COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NON-INFRINGEMENT. COMPANY CANNOT AND DOES NOT GUARANTEE THAT THE SERVICES WILL BE SUCCESSFUL FOR CLIENT, AND TO THE GREATEST EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT COMPANY AND ITS AGENTS WILL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

YOU AGREE THAT THE COMPANY AND ITS AGENTS’ TOTAL LIABILITY TO YOU IN THE AGGREGATE FOR ANY AND ALL CLAIMS YOU MAY HAVE UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID THE COMPANY IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

These Terms of Service are the entire and complete agreement between you and the Company with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company.  The failure of either party to exercise any right provided hereunder shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and enforceable.