Terms and Conditions

Welcome to our UCR Filings Co (“fmcaportal.com”) 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 fmcaportal.com is operated by a private third-party provider offering services for a fee. This is a commercial solicitation and advertisement. UCR Filing Co 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 the 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 fmcaportal.com 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. Fmcaportal.com 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 UCR Filings Co posts them and apply to all access to and use of the Platform thereafter. Accordingly, UCR Filings Co 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 UCR Filings Co 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:

• 1. Making all arrangements necessary for you to have access to the Platform and
• 2. Ensuring that all persons who access the Platform through your account, log-in information, computer, or internet connection are aware of these Terms and comply with them.

3. Reservation of Rights - reserves the right to withdraw or amend the Platform, and any service, option, or material UCR Filings Co provides on the Platform, in our sole discretion without prior notice. UCR Filings Co 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, UCR Filings Co may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

This agreement is between UCR Filings Co, 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 UCR Filings Co at any time without prior notice. UCR Filings Co shall not be held responsible for any losses or damages resulting from unforeseen circumstances.

4. Services - UCR Filings Co offers the following services to Customers:

• Obtain and register Employer Identification Number (EIN).
• Obtain and register for USDOT# and related services (e.g. Biennial Update, Reactivation, Deactivation).
• FMCSA operating authority and compliance, including MC# and related services (e.g. Carrier Authority, Revocation, Reinstatement, Name Change, Detachment, Reattachment, Unified Carrier Registration).
• Obtain and register for Unified Carrier Registration required filing for all trucking companies, brokers, leasing companies, and freight forwards operating in more than one state (e.g. issuing Certificates).
• Broker registration (e.g. USDOT#, MC# Registration, and Biennial Updates).
• Review and confirm compliance with the Federal Motor Carrier Safety to determine the current status of MCS-150 / Biennial Update, UCR / Unified Carrier Registration, and BOC-3 / Processing Agents for filing requirements and when their next filing is due. If “Not Authorized” or “Out of Service” provide the next steps to become active.
• Highway Use Tax (New York HUT, New Mexico WDT, Kentucky KYU) - International Registration Plan for required highway use taxes.
• Permits and fuel taxes quarterly state returns filings (e.g. NY HUT Permit, NM Weight Distance Permit, KYU Weight Distance Permit, IFTA).

5. Subscriptions - In addition to the services listed above, UCR Filings Co offers the following subscription-based renewal services for compliance with FMCSA:

• MCS-150: The Form MCS-150 is a three-page report that all motor carriers subject to the Federal Motor Carrier Safety Regulations (FMCSR) must complete and submit to the FMCSA before they begin to operate in interstate commerce. Also used to make updates and is required for all interstate DOT Numbers to be filed biennially. This service is provided every two years based on the Customer's company's due date. The Customer will be charged on a recurring basis on the same date as their due date. The Customer may cancel their subscription at any time but must do so at least 30 days before their next due date to avoid being charged for the following period.
• BOC-3: Only a process agent, on behalf of the applicant (carrier), can file Form BOC-3 (Designation of Process Agents) with the FMCSA. A broker or freight forwarder applicant, without CMVs, can file Form BOC-3 on their own behalf. Only one completed form may be on file. It must include all states for which agency designations are required. One copy must be retained by the carrier or broker at its principal place of business. This service is provided on a yearly basis and the Customer will be charged upon placement of the Order. The Customer may cancel their subscription at any time but must do so at least 30 days before the end of the current subscription period to avoid being charged for the following period.
• UCR: Unified Carrier Registration service is provided on a yearly basis and the Customer will be charged every October 1st. The Customer may cancel their subscription at any time but must do so at least 30 days prior to the end of the current subscription period in order to avoid being charged for the following period.

6. Orders - Customers may place Orders to request registration and filing services through the Platform or our LiveChat communication portal. It is the Customer's responsibility to provide accurate, complete, verified, and valid information. Fmcaportal.com will use and store this information in accordance with our privacy policy. The reliability and accuracy of all FMCA services are totally dependent on the information provided by the Customer and FMCA Portal 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, Fmcaportal.com will generate the binding agreements and contracts between the Customer and Fmcaportal.com 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 UCR Filings Co to charge their credit/debit card on file for the designated payment and further agrees to follow our dispute resolution process. The registration and filing process begins once payment has been received. UCR Filings Co 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 UCR Filings Co.

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.

10. Payments - The Customer agrees to pay for the services and subscriptions listed above according to the fees and payment terms outlined in the Cost of Services. The Customer agrees to provide UCR Filings Co 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, UCR Filings Co 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, UCR Filings Co 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 UCR Filings Co if legal action is necessary to collect payment.

12. Refunds and Cancellations - Please refer to our Refund Policy for information regarding cancelation and refund policy link.

13. Monitoring and Recording - UCR Filings Co may monitor and/or record any communications between  UCR Filings Co (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.

14. ScreenShare - ScreenShare enables UCR Filings Co 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.  UCR Filings CO 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  UCR Filings Co 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.

15. Disclaimer - Please note that  UCR Filings Co 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 UCR Filings Co will not be held liable for any actions taken based on such advice or information. The reliability and accuracy of all  UCR Filings Co services is dependent on the information provided by the Customer and UCR Filings Co 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 comply 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. UCR Filings Co does not warrant that the Platform or its content will be error-free or uninterrupted.  UCR Filings Co 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.  UCR Filings Co 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.

16. Limitation of Liability - Any liability we may have to you is limited. To the fullest extent provided by law, UCR Filings Co, 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  UCR Filings Co 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.  UCR Filings Co will not be liable for any loss or damage caused by a distributed denial-of-service attack or other technologically 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.

17. 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 UCR Filings Co 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.

18. Waiver - The failure of UCR Filings Co to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

19. 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.

20. RIGHT TO OPT OUT OF THE ARBITRATION PROVISION

You may opt out of the Arbitration Provision by notifying UCR Filings Co in writing within 30 days of the date you first registered for the Site. To opt out, you must send an email to UCR Filings Co 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 UCR Filings Co constitutes mutual acceptance of the terms of this Arbitration Provision by you. You have the right to consult with counsel of your choice concerning UCR Filings Co 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 UCR Filings Co, UCR Filings Co’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:

• any breach by you of any obligation, covenant, or representation contained in these Terms;
• a claim that any user content, user contribution, or other material that you upload to or otherwise transfer via the Platform infringes any intellectual property or moral rights of a third party;
• any claims brought against UCR Filings Co arising from your use of the Platform, including but not limited to any claims of personal or financial injury by third parties related to the use of user content, user contribution, or other material uploaded to or transferred via the Platform by you;
• any actual or purported violation by you of applicable law, including without limitation the Fair Credit Reporting Act, or any contractual obligation;
• any acts or omissions by you or your agents.

24. Intellectual Property - UCR Filings Co 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 via email.

26. Assignment - The Customer may not assign this agreement or transfer any rights to use the services without the prior written consent of  UCR Filings Co.

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 us at carrierservices@fmcaportal.com