TERMS AND CONDITIONS
By using any National Compliance Center LLC websites or services, you are becoming a party to this agreement and are consenting to these terms and conditions. If you do not agree with all of the terms and conditions of this agreement, do not use the website and services. If you have any questions about these terms and conditions, please contact: firstname.lastname@example.org
This Agreement (“Agreement”) is a legally binding contract made by and between National Compliance Center LLC. (“NCC”, “We”, “we”, “Us”, or “us”) and you (“You”, “you”, “Your”, or “your”), which governs your use of web site and the services that we offer on our Web Site (the “Services”).
BY CLICKING THE “I AGREE” BUTTON OR ACCESSING OR USING ANY PART OF THE WEB SITE, OR THE SERVICES YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND FURTHER THAT YOU HAVE TAKEN ALL ACTIONS REQUIRED OF YOU PRIOR TO USING THE WEB SITE.
By providing a signature and clicking “Submit” the consumer is authorizing NCC to provide filing services as a third party provider for the services listed on the order form completed. The consumer is authorizing the charges listed on the completed above to the credit/debit card provided by the consumer. By clicking “submit” the consumer also agrees that the consumer understands that NCC is not affiliated with any Federal, State or Local government agency, but a third party provider of service, to assist companies and individuals in acquiring and updating authority, permits and documents required by the Federal Motor Carrier Administration (FMCSA), U.S. Department of Transportation (USDOT), State and Local government agencies. The consumer also agrees that the information provided on the completed form is factual and true. Once the consumer submits the application and the credit or debit card provided is debited no refunds will be or can be granted.
|INTERNET TECHNOLOGY, FMCSA LAWS, AND THE RULES AND REGULATIONS OF FMCSA AUTHORITIES CAN CHANGE. ACCORDINGLY, NCC RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT.|
- NATURE OF THE SERVICE
Subject to your agreement and compliance with all of the terms and conditions of the Agreement, NCC herby grants you a nonexclusive right to use the Services to prepare and submit electronically online forms.. We also reserve the right to refer a customer to other professionals/experts or decline representation for any reason.
You are responsible for your use of your Internet browser, the site and the products and services provided on the site. We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.
This site has been designed to use by adults only.
Drug and Alcohol CLEARINGHOUSE Program
NCC is here to help you with registering all your CDL drivers with the FMCSA Drug and Alcohol Clearinghouse, Federal Regulation 49 CFR Part 382, which is required of all employers and owner-operators who employ CDL drivers.
Requests and Approvals:
Request to Register: By requesting to register with NCC you are agreeing to the following:
- Approve NCC to become the administrator for your Account with FMCSA Clearinghouse, as well as to register an account representative under the Employer Account to help maintain and manage the account.
- Approve NCC to query drivers, manage Return to Duty, review records, and keep files of all credentials and documentation.
- All of the above credentials, records, and documentation will be available and accessible to you as the Employer.
- Access to the Employer Account will be provided to Employer upon request and can be taken over by the Employer at any time.
- Note that NCC is not Drug and Alcohol Random Program Consortium and will require the Employer’s Consortium information.
Requirements and Responsibilities:
- NCC will email a sample form to Employers and Owner-Operators under contract to give to drivers. This consent form must be signed by drivers to give consent to NCC to query employees with the FMCSA Clearinghouse.
- All Employers must have their General Consent Form for Limited Queries signed and on file at all times.
- It is the responsibility of the Employer to submit new hires throughout the year to NCC.
- NCC will contact the employer yearly to ensure annual queries for any new and current hires are updated. New hires before this annual query must be notified by the Employer.
- NCC utilizes a skilled team of experts to review and submit applications. Inconsistencies or questions mean we will reach out to confirm information. NCC is not responsible for inaccurate information provided in applications, and the responsibility to complete accurate and factual information in forms is the responsibility of the individual.
YOU USE THE SERVICE AT YOUR OWN RISK.
(a) User Release. In the event of any dispute with respect to a transaction made or action taken or not taken by you after consulting the Service, or between User and any other User or third party, you release us, our agents and employees from any claims and damages of every nature including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute.
(b) User Acknowledgements. You acknowledge that NCC is not affiliated in any way with the U.S. or State Government or any Department of any US or State Government.
You acknowledge that you are submitting to a service that charges money. We have the right to collect on amount due plus any fees we incur up to the highest extent of the law. We do free estimates and once you have paid and received completed form/registration confirmation service cannot be cancelled and in all circumstances service fee charged is non-refundable.
You assume total responsibility and risk for your use of this Site and the Internet. You are responsible for maintaining the security of your equipments/tools used to submit information online on our site. Although NCC has taken reasonable measures to protect the security of your forms information, NCC (i) does not guarantee the security of information collected during your use of the Services, (ii) shall not be liable in any way for a compromise of your data, and (iii) except to the extent required by applicable law, has no obligation to store or maintain any information you provide to it. You agree save a copy of your filing confirmation provided to you by NCC for your records. You hereby acknowledge and agree that any information submitted through this Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.
We use standard SSL certificate. An SSL certificate is a digital certificate that authenticates the identity of a Web site and encrypts information sent to the server using Secure Sockets Layer (SSL) technology. Encryption is the process of scrambling data into an undecipherable format that can only be returned to a readable format with the proper decryption key. We only deal with the US based internet/web hosting company as a standard practice.
You acknowledge information provided should not be relied upon as legal or professional advise, may not be applicable to some state. Information contained at the this website is not to be relied upon or utilized as a source of legal, business, or other professional advice. All users are urged to consult their independent business, personal and/or professional advisors before relying upon or utilizing any of the information from this Website for personal or business purposes. Only qualified professional advisors with a knowledge and understanding of your business and/or personal affairs and objectives are in a position to give advice appropriate for your particular situation.
(c) Provided information consideration of your use of the site and services, if you complete form on our site, you agree that such information will be accurate, current and complete.
You are responsible for entering or supplying information needed for filing FMCSA forms. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate any of your account or our service offerings and to refuse any and all current or future use of the site (or any portion thereof) or the products and services provided.
We assume no liability for any loss or damage arising from your failure to comply with this section.
- USE RESTRICTIONS
(a) Limited Access. Except as otherwise expressly permitted by us, any access or attempt to access other areas of the NCC computer system or network or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on NCC system or infrastructure.
(b) Additional Use Restrictions. Any information provided to NCC in connection with the use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any virus, Trojan Horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any NCC or third party’s copyright, trademark, patent, trade secret or other proprietary rights or rights of publicity or privacy; (e) and shall not be defamatory, libelous, unlawfully threatening or harassing.
(c) Termination. We, in our sole discretion, may terminate your use of the Services for any reason without prior notice to you. You acknowledge and agree that we may immediately delete your file in our system and all related information and files provided to us for our services.
We reserve the right, in our sole discretion, to pursue all of our legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you, upon any breach by you of these Terms and Conditions or if we are unable to verify or authenticate any information you submit to us. Either you or Company may terminate your right to use the Site at any time, with or without cause, and with or without notice. Company also reserves the right to terminate or suspend your use without prior notice. Other than your right to access, download and print certain information, these Conditions will survive any termination or expiration of your right to access the Site and will continue thereafter.
d)Privacy Information. NCC does not sell any information to third party. We are not liable for information disclosed unintentionally or during fire, theft, natural disaster, etc. There are no claims or guarantee regarding safety of personal information. Please check out our privacy information section on this site for more information.
- RREFUND POLICY
You agree to pay the Fees and any other charges incurred in connection with your use of the Services (including any applicable taxes,fees) at the rates in effect when the charges were incurred. We reserve the right to change our Fees at any time.
You may cancel our product and services within 48 hours after ordering it ; however, there are no refunds for cancellation if filing has been completed. Please note that credit card processing fees will not be refunded.
Federal, State and Local government agencies do not provide refunds for items that require fees. NCC does not offer refunds for payments taken for processing permits, filings, and registrations
If you have any questions regarding any of our policies, please feel free to contact us and we would be happy to assist you.
- INTELLECTUAL PROPERTY
Other than the limited license granted to you under this Agreement, NCC reserves all copyright, trade secret, trade name, trademarks, and all other rights in the Web Site. You may not infringe or violate such rights. Additionally, no material from the Web Site, the Software, or the Services may be copied, reproduced, republished, uploaded, posted, transmitted, resold, or distributed in any way without NCC prior written permission.
- DISCLAIMERS OF WARRANTY
THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED AS AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIED OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE OR THE SITE CONTENT, ANY SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING WAIVER MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, OR THAT THE WEB STIE WILL BE accessible all the time. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
The company does not warrant against the Loss or disclosure of information resulting in identity theft due to Hacking, Theft of equipment, Theft of information from web site or any action other action.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR PROVIDING CONTENT, PRODUCTS, OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS (III) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF OURS OR ANY THIRD PARTY ON THE SITE, OR (IV) ANY OTHER MATTER RELATING TO USE OF THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO US, IF ANY, FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENT OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree to indemnify, defend and hold harmless NCC from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) resulting from (i) your use of the Site, (ii) your use of products, services, or information provided through the Site, or (iii) your breach of any provision of this Agreement. NCC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you still are responsible for indemnifying NCC, and you agree to cooperate with NCC, in asserting any available defenses.
- PROPER USE
You must independently verify all information you find on the Site.
You agree not to do any of the following while using the Site:
- violate any applicable local, national, or international law, statue, rule, ordinance or regulation; In particular laws regarding the use of testimonials in advertising or marketing.
- post or transmit any content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
- post or transmit any content that infringes a third party’s intellectual property rights, rights of publicity or privacy;
- post or transmit any content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, obscene, tortuous, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), designed to elicit responses that relate to illegal activity, or otherwise objectionable;
- access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- gather and use information, such as other users’ usernames, real names, email addresses, available from the Site to transmit any unsolicited advertising, “junk mail”,”spam”, or “chain letters;”
- post false or misleading information about a product or service; or impersonate or misrepresent your affiliation with any person or entity.
You understand that various states and licensing boards have regulations regarding the use of testimonials and case studies in marketing. You agree that you are responsible for ensuring that your use of this site, it’s related sites and any marketing materials are within the legal or regulatory guide lines for marketing in your state and industry. NCC reserves the right to delete or edit Messages, in whole or in part, from the Service at any time for any reason. NCC also reserves the right to refuse access to the Service to anyone at any time without notice for any reason. However, NCC will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- MODIFICATION, ENTIRE AGREEMENT, AND SEVERABILITY
(a) Modification. This Agreement may be supplemented, amended, or modified unilaterally at any time for any reason by NCC. Any supplement, amendment, or modification of this Agreement shall be binding at the time of updating, posting, or otherwise providing public notice on this website.
(b) Entire Agreement. This Agreement and all other agreements, exhibits, and schedules referred to in this Agreement constitute the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all prior and contemporaneous understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement.
(c) Severability. In the event that any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be severed from this Agreement, and the remainder of this Agreement shall continue to be valid and enforceable.
- GOVERNING LAW
This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the State of Illinois exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Illinois and of the United States of America located in the State Illinois for any litigation or disputes arising out of or relating to the use of the Site and not commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Illinois Courts and agree not to plead or claim in Illinois Court that such litigation brought therein has been brought in an inconvenient forum.