TERMS & CONDITIONS
By using any El Camino Permits, Inc. 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: Info@ElCaminoPermits.com
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This Agreement (“Agreement”) is a legally binding contract made by and between El Camino Permits, Inc. (“ECP”, “We”, “we”, “Us”, or “us”) and you (“You”, “you”, “Your”, or “your”), which governs your use of the web site and the services that we offer on our Web Site (the “Services”).
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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.
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By providing a signature and clicking “Submit,” the consumer is authorizing ECP 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 form to the credit/debit card provided by the consumer. By clicking “Submit,” the consumer also agrees that the consumer understands that ECP is not affiliated with any Federal, State, or Local government agency, but a third-party provider of services, 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 has submitted their application and their credit or debit card has been charged, refunds cannot be granted for filings that have already been processed.
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INTERNET TECHNOLOGY, FMCSA LAWS, AND THE RULES AND REGULATIONS OF FMCSA AUTHORITIES CAN CHANGE. ACCORDINGLY, ECP RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT.
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NATURE OF THE SERVICE
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Subject to your agreement and compliance with all of the terms and conditions of the Agreement, ECP hereby 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.
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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.
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This site has been designed for use by adults only.
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Drug and Alcohol CLEARINGHOUSE Program
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ECP 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:
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Request to Register: By requesting to register with ECP, you are agreeing to the following:
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Approve ECP 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.
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Approve ECP to query drivers, manage Return to Duty, review records, and keep files of all credentials and documentation.
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All of the above credentials, records, and documentation will be available and accessible to you as the Employer.
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Access to the Employer Account will be provided to Employer upon request and can be taken over by the Employer at any time.
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Note that ECP is not a Drug and Alcohol Random Program Consortium and will require the Employer’s Consortium information.
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Requirements and Responsibilities:
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ECP 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 ECP to query employees with the FMCSA Clearinghouse.
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All Employers must have their General Consent Form for Limited Queries signed and on file at all times.
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It is the responsibility of the Employer to submit new hires throughout the year to ECP.
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ECP 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.
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ECP utilizes a skilled team of experts to review and submit applications. Inconsistencies or questions mean we will reach out to confirm information. ECP 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.
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YOU USE THE SERVICE AT YOUR OWN RISK.
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(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 ECP is not affiliated in any way with the U.S. or State Government or any Department of any US or State Government.
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You acknowledge that you are submitting to a service that charges money. We have the right to collect on the 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 a completed form/registration confirmation service, it cannot be canceled, and in all circumstances, the 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 equipment/tools used to submit information online on our site. Although ECP has taken reasonable measures to protect the security of your forms information, ECP (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 to save a copy of your filing confirmation provided to you by ECP 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.
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We use a 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 US-based internet/web hosting companies as a standard practice.
You acknowledge information provided should not be relied upon as legal or professional advice and may not be applicable to some states. Information contained on 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 In consideration of your use of the site and services, if you complete a form on our site, you agree that such information will be accurate, current, and complete.
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GOVERNING LAW
This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the State of California, exclusive of its conflict of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law.
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You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California 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 California Courts and agree not to plead or claim in California Court that such litigation brought therein has been brought in an inconvenient forum.
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