1. SERVICES

MVRcheck provides a cloud-based compliance and screening platform that enables Subscriber to request and manage:

• Motor Vehicle Records (MVRs)
• PSP Reports (where applicable)
• Drug & Alcohol Testing Services
• DOT Random Drug & Alcohol Testing Program Administration
• FMCSA Drug & Alcohol Clearinghouse Queries
• County Court Traffic Record Searches
• Third-Party Online Driver Safety Training
• Compliance documentation

MVRcheck provides technology and administrative coordination services only and does not provide legal advice or compliance certification.

2. PERMISSIBLE USE & LEGAL COMPLIANCE

Subscriber certifies it will:

• Order Consumer Reports only for permissible purposes under FCRA and DPPA.
• Comply with all applicable federal, state, and local laws.
• Provide standalone disclosure and obtain written authorization before ordering any Consumer Report.
• Follow FCRA pre-adverse and adverse action procedures.
• Maintain required records for a minimum of five (5) years.
• Not resell, transfer, or improperly disclose reports.

State Law Responsibility: Compliance with all state-specific employment, privacy, MVR consent, and drug testing laws is solely the responsibility of Subscriber. MVRcheck does not ensure compliance with state-specific requirements.

3. DOT RANDOM DRUG & ALCOHOL TESTING PROGRAM

If Subscriber enrolls in DOT Random Testing Services, services are intended to support compliance with 49 CFR Part 40 and 49 CFR Part 382 (FMCSA).

Subscriber is solely responsible for:

• Maintaining a compliant DOT Drug & Alcohol Policy
• Designating a qualified Designated Employer Representative (DER)
• Supervisor reasonable suspicion training
• Post-accident determinations
• Removing drivers from safety-sensitive duties when required
• Return-to-duty and follow-up testing decisions
• Maintaining Clearinghouse compliance
• Maintaining driver qualification files
• Meeting annual random testing rate requirements

Use of MVRcheck Services does not guarantee DOT compliance.

4. FMCSA DRUG & ALCOHOL CLEARINGHOUSE

Subscriber certifies it is registered with the FMCSA Clearinghouse and maintains an active employer account.

Subscriber is solely responsible for:

• Obtaining required annual limited query consent
• Ensuring electronic consent for full queries
• Evaluating Clearinghouse results
• Making employment eligibility decisions
• Meeting Clearinghouse reporting and recordkeeping requirements

MVRcheck does not determine driver eligibility and does not act as a Substance Abuse Professional (SAP).

5. DRUG & ALCOHOL TESTING (NON-DOT)

Testing is performed by independent certified laboratories.

Subscriber is solely responsible for:

• Compliance with state drug testing laws
• Required written policies and notices
• Consent forms
• Employment decisions

MVRcheck does not ensure compliance with state marijuana or drug testing restrictions.

6. MOTOR VEHICLE RECORDS & COURT RECORDS

Records are obtained from state DMVs and county courts and are dependent on source accuracy and Subscriber-submitted data.

Subscriber is responsible for complying with all state-specific MVR consent and adverse action laws.

No refunds are provided for incorrect submissions or unavailable records.

7. ONLINE DRIVER SAFETY TRAINING

Training content is provided by independent third-party vendors.

MVRcheck does not guarantee regulatory sufficiency or compliance by course completion.

8. ELECTRONIC CONSENT

Electronic signatures collected via our website are legally binding under ESIGN and UETA.

Subscriber is solely responsible for ensuring disclosure and authorization forms comply with federal and state law and must securely maintain executed documents.

9. FEES & PAYMENT

Subscriber agrees to pay all fees at time of order unless NET 30 terms are approved.

Invoices are due within thirty (30) days. Late payments may accrue interest at 1.5% per month.

Billing disputes must be submitted in writing prior to initiating chargebacks.

10. DATA SECURITY

Subscriber shall maintain reasonable administrative, technical, and physical safeguards, use unique credentials, prevent account sharing, and notify MVRcheck of suspected unauthorized access.

11. DATA RETENTION

Reports are retained for five (5) years from order date and may be permanently deleted thereafter.

Subscriber is solely responsible for independent retention compliance obligations.

12. DISCLAIMER OF WARRANTIES

SERVICES ARE PROVIDED “AS IS.”

MVRcheck disclaims all warranties including merchantability, fitness for a particular purpose, data accuracy, and regulatory compliance guarantees.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MVRCHECK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTED (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF:

(a) SEVENTY-FIVE DOLLARS ($75.00); OR
(b) THE TOTAL FEES PAID BY SUBSCRIBER TO MVRCHECK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL MVRCHECK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, BUSINESS INTERRUPTION, REGULATORY FINES, OR EMPLOYMENT DECISIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF FLORIDA.

NOTHING IN THIS SECTION SHALL LIMIT LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.

14. INDEMNIFICATION

Subscriber shall indemnify, defend, and hold harmless MVRcheck, its officers, directors, employees, affiliates, licensors, and service providers from and against any and all claims, demands, actions, investigations, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

(a) Subscriber’s violation of the FCRA, DPPA, FMCSA regulations, or any other applicable federal, state, or local law;

(b) Subscriber’s failure to obtain proper disclosures, authorizations, or consents;

(c) Subscriber’s employment decisions or adverse action determinations;

(d) Subscriber’s misuse of Consumer Reports, MVRs, Clearinghouse results, drug testing results, or court records;

(e) Subscriber’s data security failure, account credential misuse, or breach originating from Subscriber’s systems or personnel;

(f) Subscriber’s violation of this Agreement.

MVRcheck shall promptly notify Subscriber of any claim subject to indemnification and shall reasonably cooperate in the defense. Subscriber shall control the defense and settlement of such claim, provided that no settlement imposing liability or obligations on MVRcheck may be entered without MVRcheck’s prior written consent, which shall not be unreasonably withheld.

Limitation Alignment Clause

Notwithstanding the foregoing, MVRcheck’s total aggregate liability under this Agreement, including any indemnification obligations, shall remain subject to the limitations set forth in the Limitation of Liability section above.

15. GOVERNING LAW

This Agreement is governed by the laws of the State of Florida. Venue shall be Duval County, Florida.

16. ARBITRATION & CLASS ACTION WAIVER

All disputes shall be resolved by binding arbitration. Subscriber waives jury trial and class actions.

17. CYBERSECURITY OBLIGATIONS

17.1 Each party shall implement and maintain reasonable administrative, technical, and physical safeguards designed to protect Confidential Information and personal information from unauthorized access, acquisition, use, or disclosure.

17.2 Subscriber shall ensure that access credentials are unique, not shared, and properly safeguarded. Subscriber shall be responsible for all activity occurring under its accounts.

17.3 MVRcheck maintains commercially reasonable safeguards consistent with industry standards for SaaS platforms; however, MVRcheck does not warrant that its systems are immune from cyberattack, intrusion, or security breach.

18. FLORIDA DATA BREACH NOTIFICATION

18.1 In the event of a confirmed unauthorized acquisition of unencrypted personal information within MVRcheck’s control, MVRcheck will provide notice to Subscriber without unreasonable delay following determination of the breach, consistent with Florida Statutes § 501.171.

18.2 Subscriber is solely responsible for determining whether notice to affected individuals, regulators, consumer reporting agencies, or other third parties is required under Florida law or any other applicable law.

18.3 If a data breach results from Subscriber’s systems, credentials, personnel, integrations, or misuse of the Services, Subscriber shall bear sole responsibility for all notification, remediation, regulatory, credit monitoring, legal, and response costs.

19. CYBER LIABILITY ALLOCATION

19.1 Each party is responsible for maintaining its own cyber liability insurance coverage as it deems appropriate.

19.2 MVRcheck shall not be liable for cyber incidents, ransomware events, data breaches, or security failures originating from Subscriber’s systems, password sharing, employee conduct, or third-party systems controlled by Subscriber.

19.3 Nothing in this section limits liability where prohibited by applicable Florida law.

20. TERM & TERMINATION

This Agreement remains effective while Subscriber uses the Services.

MVRcheck may suspend or terminate access for non-payment, misuse, compliance violations, or chargebacks.

Consumer Data Requests

MVRcheck processes personal information in connection with the services described in this Agreement. Individuals seeking access to personal information contained in a Consumer Report should follow the procedures set forth under the Fair Credit Reporting Act (FCRA) and applicable law. MVRcheck will respond to requests as required by law.

Nothing in this Agreement grants additional rights beyond those provided under applicable federal or state law.

Hosted Service License

MVRcheck grants Subscriber a limited, non-exclusive, non-transferable, revocable license to access and use the hosted software platform solely for its authorized business purposes under this Agreement. All right, title, and interest in the software, platform, databases, and related intellectual property remain the exclusive property of MVRcheck and its licensors.

Subscriber may not reverse engineer, decompile, modify, distribute, or create derivative works of the platform except as expressly permitted by law.

Passwords & Account Security

Subscriber is responsible for maintaining the confidentiality of account credentials and for all activities occurring under its account. Subscriber shall promptly notify MVRcheck of any unauthorized access or suspected security incident.

Questions? Contact: [email protected]

LEGAL DISCLAIMER (NO LEGAL ADVICE)
MVRcheck is not a law firm and does not provide legal advice. Customers are solely responsible for compliance with all applicable federal and state laws (including FCRA, DPPA, DOT, and state-specific employment and drug testing requirements). You should consult qualified legal counsel before using any forms, templates, or guidance provided through the MVRcheck platform.