Terms of Service

Welcome to Diversified Safety & Compliance ("DSC", "we", "us", or "our"). By accessing or using our website at www.diversifiedsafety.com, downloading our resources, or engaging our services, you agree to be bound by these Terms of Service ("Terms").

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR WEBSITE OR SERVICES.

These Terms constitute a legally binding agreement between you (the "User" or "you") andDSC. We reserve the right to update these Terms at any time. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms.

Effective Date: January 7, 2025

DSC provides DOT and FMCSA compliance management services, including but not limited to:

Carrier Compliance Services

• FMCSA Clearinghouse management and query services
• Driver Qualification File (DQF) construction and maintenance
• Unified Carrier Registration (UCR) filing and management
• Return-to-Duty (RTD) and Substance Abuse Professional (SAP) coordination
• Driver onboarding and pre-hire qualification
• Mock DOT audits and audit defense support
• Written compliance program development

Drug & Alcohol Testing Services

• Consortium enrollment and random testing program administration
• Pre-employment, post-accident, reasonable suspicion testing coordination
• 24/7 emergency response and incident documentation
• Medical Review Officer (MRO) services
• Supervisor and DER training programs

Technology Platform

• Cloud-based compliance management dashboard
• Automated document tracking and expiration alerts
• Clearinghouse integration and violation monitoring
• Secure media storage and comprehensive reporting

Educational Resources

• Compliance guides, checklists, and whitepapers
• Case studies and best practice documentation
• Regulatory updates and industry insights

Important: Our services are consulting and administrative in nature. We do not provide legal advice. See our Disclaimers page for more information.

By using our services, you agree to:

Acceptable Use

• Provide accurate and complete information when submitting forms or creating accounts
• Maintain the confidentiality of any account credentials
• Use our services only for lawful purposes in compliance with all applicable regulations
• Respect the intellectual property rights of DSC and third parties
• Refrain from attempting to gain unauthorized access to our systems or other users' accounts

Prohibited Activities

You may not:

• Use our services to transmit viruses, malware, or other harmful code
• Scrape, mine, or extract data from our website using automated tools
• Reverse engineer, decompile, or disassemble any part of our platform
• Resell, redistribute, or sublicense our resources without express written permission
• Impersonate DSC staff, affiliates, or other users
• Interfere with the proper functioning of our services or infrastructure
• Use our services in violation of DOT, FMCSA, OSHA, or other regulatory requirements

Violation of these terms may result in immediate suspension or termination of your access to our services, and we may pursue legal action if warranted.

Ownership

All content on this website, including but not limited to text, graphics, logos, images, software, guides, and documentation (collectively, "Content"), is the property of DSC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for your internal business purposes in accordance with these Terms. This license does not include:

• The right to reproduce, distribute, or publicly display our Content
• The right to modify, create derivative works, or reverse engineer our technology
• The right to remove copyright, trademark, or proprietary notices from any Content

Resource Downloads

When you download gated or ungated resources from our website, you may use them for your internal compliance and educational purposes only. You may not:

• Resell, sublicense, or commercially distribute our resources
• Claim authorship or remove DSC branding
• Modify the content in a way that misrepresents our guidance or compliance standards

Trademarks

"Diversified Safety & Compliance", "DSC", and related logos are trademarks or registered trademarks of Diversified Safety & Compliance. Use of these marks without our express written permission is strictly prohibited.

No Legal Advice

DSC provides compliance consulting and administrative services. We are not a law firm, and nothing on this website or in our services constitutes legal advice. For legal advice regarding your specific situation, consult a qualified attorney licensed to practice in your jurisdiction.

No Guarantee of Compliance

While we strive to help clients achieve and maintain DOT and FMCSA compliance, we cannot guarantee that use of our services will result in compliance or prevent violations, fines, or penalties. Compliance is ultimately the responsibility of the motor carrier or employer.

Educational Resources

Resources provided on this website (guides, checklists, whitepapers, case studies) are educational in nature and intended to provide general information about DOT regulations and compliance best practices. They are not a substitute for:

• Reading and understanding the applicable federal regulations (49 CFR)
• Obtaining professional legal or regulatory advice
• Conducting your own due diligence and compliance assessments

Regulatory Changes

DOT, FMCSA, and OSHA regulations are subject to change. While we make reasonable efforts to keep our content and services updated, we cannot guarantee that all information is current or accurate at all times. Users are responsible for monitoring regulatory changes and ensuring compliance with the most recent rules.

Third-Party Services

We may integrate with or recommend third-party services (e.g., laboratories, SAPs, medical reviewers). We are not responsible for the actions, errors, or omissions of third-party providers. Any contracts or agreements with third parties are separate from your relationship with DSC.

Website Availability

We strive to maintain 99.9% uptime, but we do not guarantee uninterrupted access to our website or platform. We reserve the right to suspend or discontinue services for maintenance, upgrades, or unforeseen technical issues without liability.

TO THE FULLEST EXTENT PERMITTED BY LAW:

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Limitation of Damages

DSC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Regulatory fines, penalties, or violations
• Data loss or corruption
• Business interruption
• Loss of goodwill or reputation

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Exceptions

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless DSC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of our services or violation of these Terms
• Your violation of any law, regulation, or third-party rights
• Any inaccurate or misleading information you provide to us or regulatory authorities
• Your failure to maintain DOT or FMCSA compliance despite using our services
• Any dispute between you and a third party arising from your use of our services

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate in asserting any available defenses.

Termination by You

You may terminate your use of our services at any time by contacting us at [email protected] and ceasing all access to our website and platform.

Termination by Us

We reserve the right to suspend or terminate your access to our services immediately, without prior notice, if:

• You violate these Terms or any applicable law
• Your account is used for fraudulent or illegal activities
• You fail to pay for services when due (if applicable)
• We discontinue our services or close our business

Effect of Termination

Upon termination:

• Your right to access and use our services immediately ceases
• We may delete your account and all associated data (subject to legal retention requirements)
• Sections of these Terms that by their nature should survive (e.g., Limitation of Liability, Indemnification, Governing Law) will remain in effect

Termination does not relieve you of any obligations incurred prior to termination, including payment obligations or indemnification duties.

Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, United States of America, without regard to its conflict of law principles.

Dispute Resolution

Any dispute arising out of or relating to these Terms or our services shall be resolved as follows:

1. Informal Negotiation: The parties will first attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days.
2. Mediation: If negotiation fails, the parties agree to participate in non-binding mediation before a mutually agreed-upon mediator in Lincoln, Nebraska.
3. Litigation: If mediation is unsuccessful, any legal action must be brought exclusively in the state or federal courts located in Lancaster County, Nebraska, and you consent to the personal jurisdiction of those courts.

Waiver of Class Actions

YOU AND DSC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Federal Regulations

To the extent our services involve DOT, FMCSA, or OSHA compliance, federal regulations (49 CFR, 29 CFR) may supersede state law in certain circumstances.

We reserve the right to update or modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Post a notice on our homepage for thirty (30) days following material changes
• Send an email notification to registered users for significant changes

Your continued use of our services after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must discontinue use of our services.

We encourage you to review these Terms periodically to stay informed of your rights and obligations.

If you have questions, concerns, or requests regarding these Terms of Service, please contact us: