TERMS & CONDITIONS
Updated: August 1, 2024
Welcome to the DOTFILER website and services. The following terms and conditions (“Terms”), along with our Privacy Policy, Refund Policy and any linked agreements, govern your access to and use of the website, including any content, features, and services offered through it. By accessing or using the website, you agree to be bound by these Terms. Please carefully review these Terms before using the website.
1. Consent and Agreement: By accessing or using the DOTFILER website, you agree to abide by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the website. DOTFILER may update these Terms at any time, and your continued use of the website constitutes acceptance of the revised Terms.
2. Eligibility and Responsibility: The website is intended for users aged eighteen (18) or older. By using the website, you represent that you are of legal age and meet all eligibility requirements. You are responsible for ensuring that anyone accessing the website through your account complies with these Terms.
3. Reservation of Rights: DOTFILER reserves the right to modify or discontinue the website or any services provided on it without prior notice. DOTFILER may also restrict access to certain parts of the website as needed.
These Terms constitute an agreement between DOTFILER and you, the Customer, whether an individual or entity involved in commercial vehicle operations. DOTFILER may amend these Terms at any time without notice and shall not be liable for any losses resulting from unforeseen circumstances.
4. Services – DOTFILER provides a range of services to its customers, including:
- Obtaining and registering USDOT numbers and related services, such as Biennial Update, Reactivation, and Deactivation.
- FMCSA operating authority and compliance services, including MC# registration, Carrier Authority, Revocation, Reinstatement, Name Change, Detachment, Reattachment, Clearinghouse and Unified Carrier Registration.
- Unified Carrier Registration services for trucking companies, brokers, leasing companies, and freight forwarders operating in multiple states.
- Broker registration services, including USDOT# and MC# Registration, and Biennial Updates.
- Reviewing and confirming compliance with Federal Motor Carrier Safety regulations, including MCS-150 / Biennial Update, UCR / Unified Carrier Registration, and BOC-3 / Processing Agents.
- CA Number registration and updates services.
- Safety Audit, New Entrant Audit, Compliance reviews and all other compliance for FMCSA.
5. Orders – Customers can place orders for registration and filing services through the Website or LiveChat communication portal. Customers are responsible for providing accurate and complete information. DOTFILER will use and store this information in accordance with its privacy policy. DOTFILER relies on the accuracy of the information provided by the customer and is not liable for damages arising from incorrect or incomplete information.
6. Filing Process – Upon receipt of required information and payment, DOTFILER will generate binding agreements and contracts between the customer and DOTFILER. The customer authorizes DOTFILER to charge their credit/debit card on file for payment and agrees to follow the dispute resolution process without “charge-backs”.
The registration and filing process commences upon receipt of payment. DOTFILER aims to fulfill orders within 48 business hours, processing orders Monday through Friday, excluding legal holidays, between 9:30am EST and 7:30pm EST. Express Processing orders receive priority.
7. Cost of Services – The pricing for services is determined by the specific order and services requested. Prices may change without prior notice, so it’s essential to review the current prices listed on the filings page for accurate pricing information. All permits and services are subject to these pricing terms.
8. Payments – By using the services, the Customer agrees to pay for them according to the fees and payment terms outlined in the Cost of Services section. The Customer must provide accurate billing information, including full legal name, address, telephone number, and valid payment details. The Customer is responsible for any applicable taxes associated with their use of the website and services.
9. Collections – In the event of late payment, DOTFILER may charge late fees and interest at a rate of 1.5% per month on the outstanding balance. Delinquent accounts may be referred to a collections agency, and the Customer will be responsible for any additional collection costs and fees, including attorney’s fees and court costs.
10. Refunds and Cancellations – Details regarding refunds and cancellations can be found in our Refund Policy.
11. Monitoring and Recording – DOTFILER may monitor and record communications for quality control and service purposes without further notice. This includes communications with service providers and customers.
12. Disclaimer – YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE WEBSITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (4) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE WEBSITE OR OTHERWISE BY FMCSA; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY DOTFILER OR ANY THIRD PARTY; AND (6) WARRANTY OF TITLE. FURTHER, DOTFILER DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, (1) THAT THE WEBSITE OR ANY EMAIL WE SEND YOU IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE; OR (2) THAT THE WEBSITE, WEBSITE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Limitation of Liability – UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL DOTFILER (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AND LOST PROFITS, ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT, USER CONTENT OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF DOTFILER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL DOTFILER’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, EMPLOYEES, OR SUPPLIERS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DOTFILER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOTFILER DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.
Please note that DOTFILER cannot be held liable for any failure to file or complete documents or tasks on time. It is the responsibility of individuals or organizations to ensure all necessary actions are taken promptly. If any part of this limitation on liability is found to be invalid or unenforceable, our aggregate liability shall not exceed $100.00. DOTFILER will not be liable for any loss or damage caused by a distributed denial-of-service attack or other harmful technological material. Users are responsible for implementing procedures for virus protection and data accuracy and for maintaining a means for data reconstruction.
14. Entire Agreement – These terms, along with the information on the Website, the Privacy Policy, and Refund Policy, constitute the entire agreement between DOTFILER and the Customer, superseding any prior agreements. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
15. Waiver – The failure of DOTFILER to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
16. Arbitration – Disputes shall be resolved through arbitration in accordance with the Rules of Arbitration of the American Arbitration Association. The arbitration shall be governed by South Carolina law. The parties waive the right to a jury trial and elect arbitration. Claims exempt from arbitration are excluded from this provision.
17. Right to Opt Out of Arbitration Provision – Users may opt out of the Arbitration Provision within 30 days of registering for the Site by notifying DOTFILER in writing. Opting out will not affect other terms of the Agreement. Continuing the relationship with DOTFILER constitutes acceptance of the Arbitration Provision.
18. Class Action – With respect to any and all disputes arising out of or in connection with the Site, Services, or these Terms, DOTFILER and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and DOTFILER do not resolve any dispute by informal negotiation within 60 days, any other effort to resolve the dispute (including, without limitation, disputes relating to the Privacy Notice and/or the scope and enforceability of this dispute resolution provision or the Terms) will be conducted exclusively by confidential binding arbitration in Los Angeles, California, or another forum mutually agreed upon by the parties, pursuant to the Commercial Rules of Arbitration (“Rules”) of the American Arbitration Association (www.adr.org) by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with said Rules. The parties shall equally bear the administrative cost and arbitrators’ fees incurred in the arbitration, but the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees in connection with the arbitration.
You understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final and binding on all parties. Any court with jurisdiction over the parties may enforce the arbitrator’s award. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor DOTFILER will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
You agree that DOTFILER is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of these Terms (e.g., intellectual property claims) pending a final arbitral decision. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year from when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
19. Governing Law – This agreement and disputes arising from it shall be governed by the laws of the State of South Carolina.
20. Indemnification – You agree to indemnify, defend, and hold DOTFILER and its affiliates harmless from any losses, claims, suits, actions, demands, judgments, costs, expenses, fees, or proceedings resulting from: breaches of these Terms; claims that your content infringes third-party rights; claims arising from your use of the Website; violations of law or contractual obligations; or acts or omissions by you or your agents.
21. Intellectual Property – DOTFILER and its licensors own all rights to the Website and its content. You may not use the Website or its content for any purpose not explicitly granted in these Terms.
22. Notice – Any required notices shall be emailed to info@dotfiler.com.
23. Assignment – You may not assign this agreement or transfer rights to use the services without DOTFILER’s prior written consent.
24. Headings – Headings in this agreement are for convenience only and shall not affect its interpretation.
25. Miscellaneous – You agree and understand that these Terms, together with any other applicable click-through agreements you may have entered into regarding our Services, constitute the entire agreement between DOTFILER and you regarding your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment or agency relationship exists between you and DOTFILER as a result of these Terms or your access to and use of the Site. You further agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, in the event of a merger or acquisition or otherwise. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or Services, or information provided to or gathered by us with respect to such use.
If you have questions about these Terms, contact DOTFILER at infi@dotfiler.com.