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Terms and Conditions

Welcome to www.openroadcompliance.com. The www.openroadcompliance.com website (the “Site”) is comprised of various web pages operated by OpenRoad Compliance. www.openroadcompliance.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.openroadcompliance.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

www.openroadcompliance.com is an E-Commerce Site.

OpenRoad Compliance provides trucking compliance services for a fee.

Your use of www.openroadcompliance.com is subject to OpenRoad Compliance’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Visiting www.openroadcompliance.com or sending emails to OpenRoad Compliance constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that OpenRoad Compliance is not responsible for third party access to your account that results from theft or misappropriation of your account. OpenRoad Compliance and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

OpenRoad Compliance does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.openroadcompliance.com only with permission of a parent or guardian.

Cancellation and Refund Requests may be submitted by phone, email, or online. Cancellation and refund requests will be accepted up to one (1) business day following the date of sale, unless services have been completed*. After that time services cannot be cancelled, refunds will not be issued, and all sales are final. This includes sales that are pending the customer completing their required documents. 

* Services are considered complete once the initial documents have been submitted for FMCSA review.

OpenRoad Compliance is committed to ethical sales practices and customer satisfaction. In exceptional circumstances, OpenRoad Compliance management may, in its sole and absolute discretion, consider refund or cancellation requests outside the terms stated above. Any such consideration is entirely voluntary, does not constitute a waiver of this policy, and does not create any obligation to provide similar accommodation in future transactions. Customers with concerns about their transaction are encouraged to contact OpenRoad Compliance management directly at info@openroadcompliance.com or by calling 877-497-5060 prior to initiating any chargeback or third-party dispute, as many concerns can be resolved through direct communication. 

Any service not listed below follows the terms stated above; see below for service-specific terms:

  • UCR: Requests are processed immediately and non-refundable.
  • Lifetime Biennial Updates: Partial refunds of up to 50% of the original purchase price may be requested within 30 days of the initial purchase date.
  • Subscription Based Services (ie, ELDs, BOC-3 Services): Service specific Subscription Agreements will be provided upon purchase for review and acknowledgement
  • Consortium Enrollment Fees: These fees are final and non-refundable.
  • Annual Driver Consortium Fees: Refunds may be requested within 30 days of the initial purchase date.
  • Drug and Alcohol Tests: All payments for drug and alcohol testing are final. Refunds will not be issued for refused or no-show tests.
  • Reasonable Suspicion for Supervisors: This service is considered complete once the student has been notified of their course enrollment.

OpenRoad Compliance agrees to provide the following:

  • Conduct workplace drug and alcohol testing in accordance to the Department of Transportation (DOT) rule, 49 CFR Part 40 and 382.305, for the Federally regulated transportation industry.
  • Paper Federal Custody and Control forms will be provided for use in any instance where a driver is unable to use e-Screen
  • Test results will only be revealed to the Designated Employer representative (DER)
  • All results will be delivered by secure method that strictly adheres to requirements set forth by HIPAA
  • Assistance will be provided for drug and alcohol policies upon request

Client agrees to:

  • Provide all required company, driver, and DER information
  • Designate OpenRoad Compliance as their Consortium/Third-Party Administrator (C/TPA) in the FMCSA Clearinghouse and grant applicable permissions.
  • Return completed release forms for all enrolled drivers prior to any test being scheduled
  • Maintain query balance within Clearinghouse. Failure to maintain appropriate query balance or add additional query credits to account will result in queries not being completed by OpenRoad Compliance and become the responsibility of the Client.

Failure to comply with the agreement set forth above may result in the Client being removed from OpenRoad Compliance Consortium Program. OpenRoad Compliance will not be held responsible for claims, legal actions, liabilities, loss or damages, however caused, for the wrongful or illegal dissemination of test results, except to the extent such losses, damages or injuries were directly caused by the acts or admissions of OpenRoad Compliance.

OpenRoad Compliance maintains an active Random Participation Pool for all affiliate companies who require and choose such service. The Random Pool complies with the DOT regulations contained in 49 CFR Part 40 and 382.305.

OpenRoad Compliance will make every effort to make sure your company is in compliance with FMCSA drug and alcohol testing regulations. You are responsible for notifying us of any changes within your company.

All random drug and alcohol tests are conducted per FMCSA regulations.

  • You are responsible for designating OpenRoad Compliance as your C/TPA in the Clearinghouse
  • You are responsible for providing OpenRoad Compliance with accurate driver information
  • Failure to return requested information and releases will result in you being removed from the consortium
  • OpenRoad Compliance will not be responsible for any fines imposed upon you by the FMCSA for non-compliance with drug and alcohol regulations if you are removed from our program for failing to respond
  • When selected for a random drug or alcohol test, we will make three attempts to contact you via email or phone

www.openroadcompliance.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of OpenRoad Compliance and OpenRoad Compliance is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OpenRoad Compliance is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OpenRoad Compliance of the site or any association with its operators.

Certain services made available via www.openroadcompliance.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.openroadcompliance.com domain, you hereby acknowledge and consent that OpenRoad Compliance may share such information and data with any third party with whom OpenRoad Compliance has a contractual relationship to provide the requested product, service, or functionality on behalf of www.openroadcompliance.com users and customers.

You are granted a non-exclusive, non-transferable, revocable license to access and use www.openroadcompliance.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to OpenRoad Compliance that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OpenRoad Compliance or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. OpenRoad Compliance content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OpenRoad Compliance and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of OpenRoad Compliance or our licensors except as expressly authorized by these Terms.

The Service is controlled, operated and administered by OpenRoad Compliance from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the OpenRoad Compliance Content accessed through www.openroadcompliance.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

You agree to indemnify, defend, and hold harmless OpenRoad Compliance, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. OpenRoad Compliance reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OpenRoad Compliance in asserting any available defenses.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and OpenRoad Compliance agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OPENROAD COMPLIANCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

OPENROAD COMPLIANCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPENROAD COMPLIANCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPENROAD COMPLIANCE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPENROAD COMPLIANCE  OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

OpenRoad Compliance reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, without regard to its conflict of law provisions. Disputes arising out of or relating to this agreement shall be resolved by binding arbitration as set forth in the Arbitration section above. To the extent that any dispute is not subject to arbitration, or where a party seeks interim injunctive or emergency relief pending arbitration, or seeks to confirm or enforce an arbitration award, you hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas for such limited purposes. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OpenRoad Compliance as a result of this agreement or use of the Site. OpenRoad Compliance’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OpenRoad Compliance’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OpenRoad Compliance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OpenRoad Compliance with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OpenRoad Compliance with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

OpenRoad Compliance reserves the right, in its sole discretion, to change the Terms under which www.openroadcompliance.com is offered. The most current version of the Terms will supersede all previous versions. OpenRoad Compliance encourages you to periodically review the Terms to stay informed of our updates.

This section governs OpenRoad Compliance’s SMS and MMS text messaging program (“Text Message Service”). By opting in to receive text messages from OpenRoad Compliance, you agree to these terms in addition to all other provisions of these Terms and Conditions. The Text Message Service is operated in compliance with the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227; the FTC’s Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310; and the CTIA Messaging Principles and Best Practices.

OpenRoad Compliance may send text messages to subscribers who have expressly opted in for the following purposes:

  • Service and compliance reminders (e.g., USDOT biennial update deadlines, UCR renewal notices, drug testing notifications)
  • Order confirmations, status updates, and service receipts
  • Account notifications and operational alerts
  • Responses to customer-initiated inquiries
  • Promotional messages regarding OpenRoad Compliance products and services (only where separate prior express written consent has been obtained)

You may opt in to the Text Message Service by:

  • Checking a clearly labeled, unchecked opt-in checkbox on our website at www.openroadcompliance.com;
  • Texting a designated keyword to our short code or long code number as displayed on our website or marketing materials; or
  • Providing your mobile number and written consent via a signed paper or electronic form.

Consent to receive text messages is NOT a condition of purchasing any product or service from OpenRoad Compliance. By opting in, you represent that you are the account holder for the mobile number provided, or that you have the account holder’s permission to subscribe that number to this program.

Message frequency varies based on your interactions with OpenRoad Compliance and the services you have purchased. Transactional and compliance-related messages will be sent as needed to fulfill your service. Promotional messages will be sent only pursuant to separate prior express written consent. We will never send more messages than reasonably necessary to fulfill the purpose for which you opted in.

Message and data rates may apply. You are solely responsible for any fees charged by your mobile carrier for sending or receiving text messages. OpenRoad Compliance is not responsible for charges you incur from your wireless carrier in connection with the Text Message Service.

You may revoke your consent and opt out of the Text Message Service at any time by:

  • Replying STOP, CANCEL, END, QUIT, or UNSUBSCRIBE to any text message received from us;
  • Emailing  info@openroadcompliance.com with your name and mobile number and requesting removal; or
  • Calling us at the phone number listed on www.openroadcompliance.com and requesting removal.

Upon receiving your opt-out request, OpenRoad Compliance will send one final confirmation message and will cease sending text messages to your number. Opting out does not affect your right to use our website or purchase our services.

Text HELP to any of our messages to receive assistance, or contact us at:

The Text Message Service is available through major U.S. wireless carriers. OpenRoad Compliance is not liable for delayed or undelivered messages due to carrier outages, coverage limitations, device incompatibility, or other factors beyond our reasonable control. Carrier support is subject to change without notice.

Mobile phone numbers and any personal information collected through the Text Message Service will be used solely to deliver the Text Message Service and will not be sold, rented, or shared with unaffiliated third parties for their own marketing purposes. Your mobile number is handled in accordance with our Privacy Policy at www.openroadcompliance.com/privacy-policy/. OpenRoad Compliance retains opt-in consent records — including the method, date, and time of consent — for a minimum of five (5) years as required by applicable law.

OpenRoad Compliance will obtain prior express written consent before sending any autodialed, prerecorded, or artificial-voice calls or text messages to your mobile number for marketing or promotional purposes, as required by the TCPA. Informational and transactional messages sent pursuant to an established business relationship will comply with all applicable TCPA exemptions. Consent records are maintained securely and are available for regulatory review upon request.

OpenRoad Compliance reserves the right to modify, suspend, or discontinue the Text Message Service at any time. Material changes to these SMS Terms will be communicated via our website or a text message notification. Your continued use of the Text Message Service following any modification constitutes your acceptance of the updated terms.

OpenRoad Compliance conducts a significant portion of its business through outbound telephone calls placed by live agents. This section governs telephone communications between OpenRoad Compliance and its customers and prospects, including calls placed to numbers obtained from publicly available sources such as the FMCSA motor carrier database. All telephone outreach by OpenRoad Compliance is conducted by live agents placing manually dialed calls. OpenRoad Compliance does not use automatic telephone dialing systems (autodialers) or deliver prerecorded or artificial-voice messages in connection with its sales or service operations.

By providing a telephone number to OpenRoad Compliance — whether through our website, a service agreement, a purchase, or any other interaction — you expressly consent to be contacted by OpenRoad Compliance’s live agents at that number for the following purposes:

  • Discussing, quoting, or facilitating the purchase of OpenRoad Compliance’s compliance services;
  • Providing updates, notifications, or reminders related to services you have purchased or inquired about;
  • Responding to inquiries you have submitted through our website, by email, or by phone; and
  • Conducting account-related follow-up, renewal outreach, or customer support.

OpenRoad Compliance also contacts motor carriers and commercial vehicle operators using telephone numbers obtained from the FMCSA’s publicly available motor carrier database and other public DOT records. These contacts are made on a business-to-business basis to inform registered motor carriers of compliance services relevant to their USDOT registration obligations, including biennial update requirements, drug and alcohol consortium enrollment, and operating authority filings. OpenRoad Compliance sources these numbers solely from public government records for legitimate compliance-related outreach and does not purchase, rent, or obtain prospect lists from any third-party data broker in connection with this program.

OpenRoad Compliance recognizes that sole proprietors and owner-operators frequently register a personal cell phone number as their primary business contact with the FMCSA. If you are a sole proprietor or owner-operator who has received a call from OpenRoad Compliance and does not wish to be contacted further, you may submit an opt-out request using any of the methods described in Section 5 below. Your request will be honored promptly and your number will be added to our internal Do Not Call list.

OpenRoad Compliance conducts outbound telephone calls only between the hours of 8:00 a.m. and 9:00 p.m. local time of the called party, in accordance with the FTC’s Telemarketing Sales Rule, 16 C.F.R. § 310.4(c).

At the outset of every outbound sales or service call, OpenRoad Compliance agents will promptly disclose the agent’s name, that the call is being placed on behalf of OpenRoad Compliance, and the purpose of the call.

OpenRoad Compliance transmits accurate caller identification information on all outbound calls identifying OpenRoad Compliance as the calling party. OpenRoad Compliance does not block, spoof, or misrepresent its caller ID in violation of the Truth in Caller ID Act or any applicable FCC or FTC rule.

You may request that  OpenRoad Compliance cease calling you at any time by:

  • Verbally requesting during any call that you be added to OpenRoad Compliance’s internal Do Not Call list;
  • Emailing info@openroadcompliance.com with your name, company name, and telephone number and requesting removal; or
  • Submitting a written request to: OpenRoad Compliance, 1111 W. Carrier Pkwy Suite 100, Grand Prairie, TX 75050.

OpenRoad Compliance will honor all company-specific Do Not Call requests within thirty (30) days of receipt and will maintain your number on its internal Do Not Call list for a minimum of five (5) years. A Do Not Call request does not affect any existing service agreement, and OpenRoad Compliance may still contact you as necessary to fulfill services you have already purchased.

OpenRoad Compliance is a privately owned, for-profit compliance services company. OpenRoad Compliance is not the Federal Motor Carrier Safety Administration (FMCSA), the U.S. Department of Transportation (USDOT), or any other federal, state, or local government agency. OpenRoad Compliance is not affiliated with, sponsored by, endorsed by, or acting on behalf of any government agency. No communication from OpenRoad Compliance — whether by telephone, email, text message, or otherwise — originates from or represents the FMCSA, USDOT, or any government body.

OpenRoad Compliance’s agents are strictly prohibited from representing or implying that they are calling on behalf of a government agency or that their outreach is government-mandated. This prohibition is enforced as a condition of employment and in accordance with the FTC’s Impersonation Rule, 16 C.F.R. Part 461. If you receive a call from someone purporting to represent OpenRoad Compliance who implies government authority or affiliation, please report it immediately to info@openroadcompliance.com so that we may investigate.

The fact that OpenRoad Compliance’s services relate to FMCSA and USDOT compliance requirements does not make OpenRoad Compliance a government entity or confer any government authority upon OpenRoad Compliance or its agents. Purchasing services from OpenRoad Compliance is entirely voluntary and is not required by any government agency.

OpenRoad Compliance’s outbound telephone sales operations comply with the FTC’s Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310, including its 2024 amendments. OpenRoad Compliance maintains internal records of telemarketing transactions and agent training as required by 16 C.F.R. § 310.5 for a period of twenty-four (24) months.