These Terms of Service ("Terms") govern your use of the website at www.logistiserv.org (the "Site") and the services provided by LogistiServ LLC ("LogistiServ," "we," "us," or "our"). By using the Site or engaging our services, you agree to these Terms. If you do not agree, please do not use the Site or our services.
1. Our Services
LogistiServ provides trucking compliance and carrier services, which may include: formation of business entities, business licensing assistance, EIN applications, motor carrier operating authority filings, state truck permits, IFTA fuel tax reporting, IRP registrations, IRS Form 2290 (Heavy Vehicle Use Tax) preparation and e-filing, DOT drug and alcohol testing program administration (C/TPA services), USDOT safety audit and compliance review assistance, corrective action plans, continuing safety monitoring, and USDOT biennial updates.
Services are performed on the basis of the specific engagement you request. The scope, timing, and fees for any service are as communicated to you at the time of engagement. Nothing on the Site constitutes a binding offer to perform services until we accept your request.
2. We Are Not a Law Firm, Accounting Firm, or Government Agency
- LogistiServ is a private service company. We are not affiliated with the IRS, FMCSA, U.S. DOT, or any state agency.
- We do not provide legal advice, tax advice, or accounting advice. Information on this Site and provided in the course of our services is general in nature and is not a substitute for the advice of a licensed attorney, certified public accountant, or other licensed professional. You should consult a qualified professional regarding your specific circumstances.
- Many of the filings we prepare can be submitted by you directly to the relevant agencies, in many cases for only the government fee. You are paying us for preparation, filing, and administrative convenience.
3. Client Responsibilities; Accuracy of Information
- You are solely responsible for the accuracy, completeness, and truthfulness of all information you provide to us, including but not limited to business details, EINs, Social Security Numbers, vehicle identification numbers, vehicle weights, mileage and fuel records, and bank account information.
- We prepare and submit filings based on the information you provide. We are not responsible for penalties, rejections, delays, or other consequences resulting from inaccurate, incomplete, or untimely information supplied by you.
- You are responsible for reviewing filings and documents we provide to you and notifying us promptly of any errors.
- You are responsible for meeting your own legal obligations, including filing deadlines, even where we assist you. Engaging our services does not transfer your legal responsibilities as a registrant, taxpayer, or motor carrier to us.
- You represent that you are authorized to act on behalf of the business for which you request services.
4. Fees and Payment
- Government fees and taxes (such as IRS Heavy Vehicle Use Tax, state permit fees, and registration fees) are set by the respective agencies, are separate from our service fees, and are paid to those agencies.
- IRS tax payments that we facilitate are processed by bank account (ACH) only. You must provide a valid bank routing and account number, and you authorize the corresponding draft. You are responsible for ensuring sufficient funds; returned or failed drafts and any resulting agency penalties are your responsibility.
- Agency service fees are collected by LogistiServ and may be paid by credit card or other methods we accept. Fees are as quoted at the time of engagement and may change for future engagements.
- You authorize us to charge the payment method you provide for the fees you have agreed to.
- Past-due amounts may result in suspension of services until paid.
5. Refund and Cancellation Policy
- Before work begins: if you cancel a service request before we have begun preparation or filing, we will refund the agency service fee for that request.
- After work begins: once preparation or filing work has commenced, agency service fees are non-refundable, as the fee compensates the work performed.
- Government fees and taxes: amounts transmitted to or owed to government agencies (including IRS taxes and state fees) are not ours to refund under any circumstances. Any refund of a government fee or tax must be pursued with the relevant agency, though we will reasonably assist you with information needed to do so.
- Our errors: if a filing is rejected or delayed due to an error on our part, we will correct and resubmit it at no additional service charge. This correction-and-resubmission remedy is the exclusive remedy for preparation errors, subject to Section 8 below.
- Refund requests should be directed to carrierservices@logistiserv.org or 888-446-9465.
6. Deadlines and Government Processing
- Government agencies control their own processing times, systems availability, and requirements. We are not responsible for agency delays, system outages, policy changes, rejections within agency discretion, or actions of any government body.
- While we make reasonable efforts to complete filings promptly, you are responsible for engaging our services with sufficient time before your deadlines. Requests received close to a deadline may not be completable in time, and late penalties assessed by an agency remain your responsibility except where caused solely by our error as described in Section 5.
7. Client Portal and Online Accounts
If we provide you with access to an online client portal or account:
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- Accounts are for the use of the client business and its authorized personnel only. You agree not to share credentials with unauthorized persons and to notify us immediately of any suspected unauthorized access.
- Documents made available through the portal are provided for your convenience; official records remain those held by the relevant agencies and our files.
- We may suspend or terminate portal access for security reasons, non-payment, or violation of these Terms.
- Information collected through the portal is handled in accordance with our Privacy Policy.
8. Disclaimers and Limitation of Liability
- THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOGISTISERV'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY SERVICE OR THE SITE SHALL NOT EXCEED THE AGENCY SERVICE FEES YOU PAID TO LOGISTISERV FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOGISTISERV SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Some jurisdictions do not allow certain limitations of warranties or damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
9. Indemnification
You agree to indemnify and hold harmless LogistiServ, its members, officers, and employees from claims, damages, penalties, and expenses (including reasonable attorneys' fees) arising out of: (a) inaccurate or incomplete information you provide; (b) your violation of these Terms; (c) your violation of any law or regulation applicable to your business; or (d) unauthorized use of your portal account resulting from your failure to safeguard credentials.
10. Intellectual Property
- The Site, including its text, design, graphics, and logos, is owned by LogistiServ or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, or distribute Site content for commercial purposes without our written permission.
- You retain ownership of the information and documents you provide to us. You grant us the limited right to use them to perform your services.
11. Acceptable Use of the Site
You agree not to: misuse the Site; attempt to gain unauthorized access to any system or account; interfere with the Site's operation; submit false or fraudulent information; or use the Site in violation of any law.
12. Third-Party Links and Services
The Site may contain links to third-party websites and services (including government websites and an embedded Google Map). These are provided for convenience; we do not control and are not responsible for their content, availability, or privacy practices.
13. Privacy
Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms by reference.
14. Termination
You may discontinue use of the Site at any time, and either party may end a service engagement subject to the Refund and Cancellation Policy in Section 5. We may suspend or terminate Site or portal access, or decline a service request, where we reasonably believe these Terms have been violated, where required by law, or where fraud or misuse is suspected. Sections of these Terms that by their nature should survive termination (including Sections 3, 5, 8, 9, 10, and 15) shall survive.
15. Governing Law and Disputes
- These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles.
- Any dispute arising out of these Terms or our services shall be brought exclusively in the state or federal courts located in King County, Washington, and you consent to the jurisdiction of those courts.
- Before filing any claim, you agree to first contact us and allow thirty (30) days to attempt informal resolution.
- Any claim must be brought within one (1) year after it arises, to the extent permitted by law.
16. Force Majeure
We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, government actions or shutdowns, agency system outages, internet or utility failures, labor disputes, or other force majeure events.
17. General Provisions
- Entire agreement: these Terms, together with the Privacy Policy and the specific terms of your service engagement, constitute the entire agreement between you and LogistiServ regarding the Site and services.
- Severability: if any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
- No waiver: our failure to enforce any provision is not a waiver of our right to enforce it later.
- Assignment: you may not assign these Terms without our consent; we may assign them in connection with a reorganization or sale of our business.
- Changes to these Terms: we may update these Terms from time to time. The "Effective date" above reflects the latest revision, and material changes will be posted on this page. Continued use of the Site or services after changes constitutes acceptance.
18. Accessibility Statement
LogistiServ is committed to making our website usable by all people, including those with disabilities. We aim to follow generally recognized accessibility guidelines (WCAG) where practicable, and we continue to improve the Site's accessibility over time. If you experience difficulty accessing any part of this Site or need assistance or information in an alternative format, please contact us at 888-446-9465 or carrierservices@logistiserv.org, and we will work with you to provide the information or service you need through a communication method that is accessible to you.
19. Contact Us
- LogistiServ LLC — 234 SW 43rd St Ste C, Renton, WA 98057
- Toll-Free: 888-446-9465 | Office: 253-246-8165 | Fax: 888-814-4935
- Email: carrierservices@logistiserv.org