Scope of Services

Effective Date: 8/1/19
Last Updated: 7/15/24
This Schedule of Services is incorporated by reference into the Master Service
Agreement (the “Agreement”) between Foley Carrier Services, LLC, its direct and
indirect subsidiaries, and any joint ventures into which any of the foregoing may enter
and which are controlled by Foley Carrier Services, LLC (hereinafter “we,” “us,” “our,”
“Foley”) and Customer (“Customer,” “You,” “Your,” “End-User”) and govern all
Services provided to Customer by Foley. By accessing or using the Services, You agree
to be bound by these terms of this Schedule of Services. These terms are subject to change
by Foley without prior written notice at any time in Foley’s sole discretion. However,
Foley will use commercially reasonable efforts to provide notice to customers of material
changes to these terms. Any changes to the Schedule of Services will be in effect as of
the “Last Updated” referenced above and posted to the Foley website. You should review
this Schedule of Services prior to purchasing any Services from Foley. You must agree to
the terms outlined below before you can use the Services.
CONTINUED MAINTENANCE OF AN ACCOUNT WITH FOLEY OR
CONTINUED USE OF FOLEY’S SERVICES AS DESCRIBED IN THIS
AGREEMENT AFTER THE “LAST UPDATED DATE,” CONSTITUTES YOUR
UNDERSTANDING, ACCEPTANCE, AND AGREEMENT TO ALL OF THE TERMS
OF THE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU
MAY NOT USE ANY FOLEYSERVICES.
The services outlined below are provided to the specific Customer on an as-ordered
basis and strictly in accordance with the services ordered by the Customer in the
Customer’s Order Confirmation or as subsequently ordered by Customer and agreed to
by the Parties. The respective terms and conditions for each Service outlined below will
only apply if Customer has purchased that Service.
Foley’s fees in the Pricing Schedule correspond to Foley’s standard technology,
product and service offerings, and exclude any customized technology development,
training, reporting, product features, and service levels. Should Customer require (and
Foley agree to provide) such customization or administrative request, Customer will be
subject to an hourly project fee to be agreed upon at the time of request.
1. SCHEDULE A: DOT DRUG AND ALCOHOL TESTING
Foley will provide the services listed below for a DOT Drug and Alcohol Testing Program
to assist in Customer’s requirements to meet applicable Department of Transportation
regulations. The annual program includes set up for Customer of a random pool for drug
testing that follows applicable DOT operating agency calendar year testing requirements. The
annual program administration fee includes the following services, which, once effective, will
continue for twelve (12) months. Client will be invoiced for the program annually.
1.1. Definitions.
• “DOT Drug and Alcohol Testing Program” means a program that is compliant with
the applicable state and Federal Department of Transportation regulations. The
DOT Drug and Alcohol Testing Program is run as a subscription service.
• “FMCSA” means the Federal Motor Carrier Safety Administration.
1.2. Program Administration.
A. Drug and Alcohol Program Manual. This manual is provided by Foley on a nonexclusive licensed basis and includes special forms and other materials to assist you
in meeting your program requirements.
B. Drug and Alcohol Policy and Education Materials. This is provided by Foley on
a non-exclusive licensed basis and is designed to meet the requirements defined in
49 CFR 382.601. It includes updates as requested and telephone consulting.
C. Random Selection Pool Management. Foley will set up a pool of drivers for
random selection of drivers with services that include notification, reporting, and
administration as required by FMCSA regulations.
D. Pre-Employment Testing and Return to Duty Testing. Upon request and when
applicable, Foley will arrange for Customer pre-employment drug and alcohol
testing and return to duty drug and alcohol testing.
E. Driver Cards. Foley will provide Customer identification cards for each covered
employee/contractor (herein “Employee”) specifying Foley’s program coverage,
available through Foley’s online Platform.
F. Record Retention and Federal Reporting Assistance. To meet current DOT
storage requirements, and client access requirements. appropriate records will be
maintained by Foley but, if you require on-site assistance for any purpose,
consulting fees will be extra. Please note that applicable laws may require Customer
to maintain its own records.
G. Consulting for Post-Accident and Reasonable-Suspicion Testing. Available
24/7 via toll free support number (1-800-253-5506).
H. Substance Abuse Professional (“SAP”). Foley will provide consulting and
assistance to Customer after prohibited conduct events (excluding SAP
evaluations).
I. Health & Human Services (HHS) Certified Laboratory and Certified BAT
(initial screening and confirms) per DOT drug and alcohol testing requirements.
J. Drug and Alcohol Collection and Testing. Foley will conduct drug and alcohol
testing and collections in compliance with DOT requirements. Drug and alcohol
tests and collections are billed on an individual basis according to the fee schedule
listed in the Order Confirmation. Drug specimen collection will be scheduled by
Foley at one or more local facilities. Alcohol tests will be conducted by a Certified
Breath Alcohol Technician for collection, screening, and confirmation.
K. Medical Review Officer (“MRO”). Foley will arrange for a certified MRO to
review all drug tests, and to eliminate presumed positives due to legitimate
prescription drug use. The MRO, not the laboratory, is the final authority for the
determination of the presence of illegal drugs in a test. MRO services will be
performed in accordance with Customer-specific requirements, if any.
L. Clearinghouse Reporting. Foley will report all positive test results and refusal to
test results to the Clearinghouse on behalf of Customer, in compliance with the
DOT Clearinghouse regulations.
1.3. One-Time Program Setup.
A. Platform Access. Online access to Foley’s platform to manage Customer’s drug
and alcohol testing program.
B. Entry of Client and Driver Information. Computerized set up for random test
selection and driver management system.
C. Supervisor Reasonable-Suspicion Training. Provided to specified Customer
employees to meet the two-hour requirement, at an additional cost.
D. Collection Site Setup. Foley will arrange for Customer access and set up for drug
and alcohol test collection at a site in Foley’s network, nearest to Customer’s
location(s).
E. Start-Up Materials. Applicable initial start-up materials, including electronic (or
paper, if necessary) Chain of Custody and Control forms provided, with shipping
and handling cost covered by Foley.
F. Laboratory Testing. Foley will establish laboratory testing services for Customer
at a Substance Abuse and Mental Health Services Administration (“SAMHSA”)
certified laboratory to serve Customer’s substance abuse testing program.
1.4. Optional Additional Services. Foley can provide Customer the following optional
services at an additional cost:
A. Certified Substance Abuse Professional. Foley may provide services at an
additional fee to meet DOT requirements and will be arranged when required after
a prohibited conduct event for driver evaluations, return-to-duty testing, and followup scheduling.
B. Onsite training. Onsite training managers to perform collection or reasonable
suspicion testing.
C. DOT audit support.
D. Onsite Collections. Foley can coordinate for customer onsite collections on an asavailable basis.
1.5. Other Drug and Alcohol Services Terms and Conditions.
These Drug and Alcohol Services Terms and Conditions (“DAT Terms”) are only applicable
if Customer uses Foley’s Drug and Alcohol Services, as outlined above. To the extent these DAT
Terms conflict with the General Terms of this Agreement, the General Terms take priority over
these DAT Terms. Upon Customer’s request and subject to these DAT Terms, Foley agrees to
provide or facilitate the provision of substance abuse testing, medical review officer (“MRO”) and
related program administration and other services specified in the Order Confirmation, in
connection with Customer’s screening of job applicants, employees and/or other persons for which
Customer has a legally permissible purpose to conduct the screening pursuant to these DAT Terms
(collectively “Candidate”). Customer acknowledges that certain products and services may be
provided by or through Foley’s affiliates and/or subsidiaries; provided, however, Foley shall
remain solely responsible for such affiliates’ and subsidiaries’ performance under these DAT
Terms. Notwithstanding anything to the contrary in the Agreement, the parties acknowledge that
Consumer Reports and other services ordered and provided pursuant to these DAT Terms may be
ordered in accordance with Customer’s instructions and in connection with Customer’s screening
of job applicants, employees and/or other persons for which Customer has a legally permissible
purpose to conduct the screening.
Foley will use reasonable efforts to make available to Customer individual records related to
alcohol and drug testing performed by Foley for Customer, except records containing confidential
medical information, within an average of two (2) business days of written notification by
Customer of such request, at location(s) of Customer’s choosing and at Customer’s expense for
copying, shipping charges and any other applicable charges set forth in the Schedule A for
production of multiple or archived records may require additional time.
Except as otherwise required or authorized by applicable Laws, Foley will not release
individual test results to any person without first obtaining specific written authorization from the
tested Candidate; provided, however, that nothing in this paragraph shall prohibit Foley from
releasing such information to: (a) Customer or its agents, (b) any federal, state or local agency with
regulatory authority over Customer’s testing program, the tested individual, or as part of an
accident investigation, etc.; (c) comply with its legal obligations related to requests resulting from
legal action initiated by a Candidate, including but not limited to lawsuits, unemployment hearings,
workers’ compensation hearings, or grievances; or (d) in response to court orders or valid
subpoenas.
In the case of any legal challenge regarding a test or related services administered by Foley,
Foley may, in its sole discretion, provide expert testimony and/or other litigation support services
with respect to the technical issues regarding the performance of such test. Costs, fees, and
expenses for this service will be the responsibility of the Customer, as provided in Schedule A or
otherwise agreed in writing between Foley and Customer.
Customer shall be responsible for identifying and complying with all Laws applicable to
Customer in connection with its obligations under these DAT Terms, including, but not limited to,
those affecting the circumstances in which Candidates may be tested, those related to making
appropriate disclosures and those related to obtaining appropriate consent from each Candidate as
part of the testing process. Customer will comply with all requirements set forth in the Agreement,
including but not limited to the “Compliance Certification,” to the extent applicable to the DAT
Services.
Customer authorizes Foley, in its good faith discretion, to request specific information from
any individual and/or to order additional tests as necessary or appropriate and related to tests
performed for Customer. Customer agrees to pay for additional costs, fees and expenses related to
such information requests or additional testing performed.
Customer acknowledges that performance of necessary verification procedures may be
dependent upon cooperation by Customer representatives, tested Candidates, personal physicians
and/or health care providers that may possess relevant information. Customer agrees that Foley
shall have no responsibility for services or service levels that are delayed or cannot be provided
due to lack of such cooperation.
Customer shall keep and maintain copies of all Candidate consent forms and Candidate notices
for a minimum period of five (5) years (or such longer period as may be required by applicable
Law), and Customer shall promptly make available to Foley for compliance review purposes such
records and other documentation reasonably requested.
2. SCHEDULE B: DRUG FREE WORKPLACE PROGRAM
Foley provides the services listed below for a Drug Free Workplace Drug and Alcohol
Testing Program (not regulated by the DOT) to assist in Customer’s management efforts of
such a program.
2.1. Definitions.
• “Drug Free Workplace Drug and Alcohol Testing Program” means a custom program that
is designed and created based on relevant information provided by, and needs specific to
Customer, as expressed in a Drug Free Workplace Questionnaire sent to and completed by
Customer, to aid Customer’s compliance with local, state, and federal laws and regulations
applicable to Customer, and to meet Customer’s non-DOT regulated program needs. The
Drug Free Workplace Drug and Alcohol Testing Program is run as a subscription service.
2.2. Program Administration.
A. Drug Free Workplace Program Manual. This manual is provided by Foley on a
non-exclusive, licensed basis and includes templated workflow forms for common
processes involved with managing a drug and alcohol testing program, and other
materials to assist your program manager.
B. Employee Drug and Alcohol Policy. Foley will provide Customer with an
Employee Drug and Alcohol Policy customized for Customer’s program needs, as
indicated in the Drug Free Workplace Questionnaire (“DFW Questionnaire”). This
Policy is provided on a non-exclusive basis. Foley charges a flat fee for Policy
creation or review and additional fee per State law addendum needed.
C. Collection Site Set Up. Foley will set Customer up with a drug and alcohol
collection site at one of our sites throughout the U.S. In-network/out-of-network
will be specified on our collection site locator. On-site collections may be available,
if desired, at an additional fee.
D. Consulting for Pre-Employment, Return to Duty, Post-Accident &
Reasonable-Suspicion Testing. Pre-employment, return to duty, post-accident and
reasonable-suspicion testing consulting will be available from Foley 24/7 via our
toll-free support number (1-800-253-5506). Customer will be charged for an
additional fee for emergency or after-hour testing.
E. HHS Certified Laboratory and Certified Breath Alcohol Testing. Health and
Human Services (“HHS”) Certified Laboratory and Certified Breath Alcohol
Testing (“BAT”) will be coordinated by Foley.
2.3. Drug and Alcohol Collection and Testing.
A. Random Selection Employee Testing and Administration. Foley will set up a
pool of employees for random selection of testing employees, with services that
include notification, reporting, and administration for non-DOT regulated
employees upon Customer’s request and if not prohibited by applicable state and
local Law.
B. Drug and Alcohol Specimen Collection. Set up for drug and alcohol test
collection at one or more local collection facilities.
C. Medical Review Officer (“MRO”). A Foley MRO will review all drug tests to
eliminate presumed positives due to legitimate prescription drug use. The MRO, not the
laboratory, is the final authority for the determination of the presence of illegal drugs
in a test.
D. Reporting of Test Results. Reporting of test results conducted via telephone,
email, or the Platform to Customer’s designated program manager and/or selected
authorized contacts for all drug test results. Test results are also made available to
authorized users in the Foley Platform.
E. Additional Services. Optional services are available at an additional fee for: onsite training, on site collection (if available), DOT Drug & Alcohol testing
programs, and Substance Abuse Professional services.
2.4. Other Drug Free Workplace Terms and Conditions.
Although Foley provides ongoing support to Customer and ensures the DFW program is run
in accordance with Customer’s instructions, Foley does not serve as legal counsel, Program
Manager, or as a Designated Employer Representative (“DER”). Customer is ultimately
responsible for creating and maintaining a policy that is fit for Customer’s needs. Foley may be
unaware of Customer’s membership in certain industries or involvement in certain state or federal
programs that cause particular testing requirements or prohibitions to apply to Customer. As such,
Foley is not responsible for Customer’ selections, errors, or omissions in/from the DFW
Questionnaire that may cause the program to violate or otherwise fail to comply with an applicable
law or regulation. Foley is not responsible for ensuring that Customer updates its DFW policy as
laws change over time. However, upon request, Foley may update Customer’s policy at an
additional cost.
If Customer selects not to participate in Foley’s policy creation or policy review services, any
drug or alcohol testing program for Customer will be administered based solely on Customer’s
submissions in the completed DFW Questionnaire provided to Foley, not Customer’s existing
policy.
3. SCHEDULE C: DOT REGULATED DRIVER MANAGEMENT
3.1. Driver File Creation. Driver File Creation service assembles and electronically stores
all the information Customer needs to perform a detailed and compliant review of
driver qualifications and safety history. This one-time service includes the following
features and products:
• Safety Performance History Investigation and Drug and Alcohol Testing Inquiry
• Motor Vehicle Report
• Set up of the Driver Qualification File
• Set up of the Safety Performance History file
• An electronic DOT-Compliant job application, including all the data fields
required for Foley to complete the above
3.2. Driver File Conversion. Driver File Conversion takes Customer’s current paper or
electronic files and converts them into Foley’s online Platform for Driver Qualification
Files that can be accessed from any computer. This one-time service includes the
following features and products:
• Conversion of Customer’s paper or electronic Driver Qualification Files into easily
accessible electronic files on Foley’s online Platform
• A Motor Vehicle Report, along with the appropriate Employee and Employer review
documentation, when missing from Customer’s current file(s)
• Transfer of all time-sensitive information, such as medical certificates and CDLs, into
Customer’s portal notification system to enable ongoing compliance
3.3. Driver File Management. The Driver File Management service keeps Customer’s
files current to assist with ongoing compliance maintenance. This recurring service
includes Customer access to a secure online account where Customer can fully manage
Customer’s program. Features and benefits include:
• Compliance alerts when something in a driver’s file is missing or expiring
• One Motor Vehicle Report (“MVR”) included for each driver every year
• Company Expiration Date Report organized chronologically listing the items which
are coming due for each driver
• The guidance and information needed to perform each driver’s annual Review of
Driving Record
• Web-based access to all the documents in Customer driver files
• Telephone and web-based consultations for support and guidance regarding programs
and applicable regulations
3.4. Premium Driver File Document Review. The Premium Driver File Document
Review service ensures that specific documents associated with Customer Driver
Qualification Files match the records in Foley’s portal. For each driver, Foley will
review a Driver’s License and a Driver’s DOT Physical Short Form, commonly called
the Medical Certificate and hereinafter, “Medical Card.” This service does not include
review of a driver’s DOT Physical Long Form.
A. Driver’s License Review. The following items on a Driver’s License will be
reviewed by Foley to ensure a match to the corresponding driver record in Foley’s
portal:
• Driver Name
• License Number
• Expiration Date
• State
• License Class
• Endorsements
B. Medical Card Review. The following items on a Medical Card will be reviewed
by Foley to ensure a match to the corresponding driver record in Foley’s portal:
• Driver Name
• Expiration Date
• Signature in the appropriate location.
• Foley will also verify that the listed examiner on the Medical Card is, as of date
of review, active in the DOT National Registry of Certified Medical Examiners,
through access to the DOT’s website search only.
C. Items Not Reviewed. The following items will not be reviewed, performed, or
considered as part of the Premium Driver File Document Review service:
• Driver’s License forgery, alteration, or authentication
• Driver’s License signature match
• Driver’s License Image
• Medical Card forgery, alteration, or authentication
NOTE: The Premium Driver File Document Review does not include a
determination as to whether a driver may legally operate a commercial motor vehicle
or is disqualified from driving a commercial motor vehicle.
3.5. DOT Physicals.
A. DOT Physical Examination. Foley will coordinate the DOT physical
examination by an examiner active in the DOT National Registry to Certificated
Medical Examiners in compliance with DOT requirements. DOT Physicals are
billed on an individual basis according to the fee schedule listed in the Order
Confirmation.
B. Reporting of DOT Physical Results. Reporting of DOT Physical results is
provided through Foley Platform. A successful DOT physical will have an
accompanying medical certificate for the driver.
3.6. The Motor Vehicle Report Monitoring. The Motor Vehicle Report (“MVR”)
Monitoring program continuously monitors each driver’s license activity. Features
and benefits include:
• An initial Motor Vehicle Report on all enrolled drivers
• Live monitoring of each enrolled driver’s license for changes
• An updated Motor Vehicle Report when changes are identified
• Access to our electronic Platform to manage your driver list
3.7. Other Driver Services Terms and Conditions.
Customer acknowledges and understands that the aforementioned services aid in
the management of federal DOT regulated driver files. State-specific driver files
may be uploaded at Customer’s discretion.
Customer acknowledges that motor vehicle reports MVRs and related
information are considered Consumer Reports for purposes of the Agreement. If
Customer requests MVRs or related information from Foley under this Agreement,
then by doing so, Customer further represents and agrees that: (i) it is qualified to
do business and validly holds all licenses required to operate Customer’s business
in all states where Customer conducts business and/or has employees; (ii) it will
comply with all applicable Laws related to the procurement and use of MVRs,
including, without limitation, the FCRA and the Driver’s Privacy Protection Act, 18
U.S.C. 2721 et seq. (“DPPA”), (iii) it will not use the MVRs to build its own
database; and (iv) it will, from time to time upon Foley’s request, execute paperwork
required by applicable state and local Departments of Motor Vehicles and/or other
data sources for Customer’s access to MVRs.
Monitoring services may be ordered in accordance with Customer’s instructions
and in connection with Customer’s screening of job applicants, employees and/or
other persons for which Customer has a legally permissible purpose to conduct the
screening. Monitoring services offered under this Agreement are limited to those
services permitted under applicable state law and subject to state law requirements.
Customer agreesto comply with all Customer obligationsfor each specific service to
which the monitoring pertains. Customer acknowledges that Foley’s monitoring
services require that Customer update its employee list within 24 hours for all
changes to ensure that monitoring is only performed on current employees.
Customer will be responsible for all fees incurred on inaccurate lists. Customer
agrees to provide Foley, within a reasonable time, with any additional
documentation required in order to complete the monitoring services.
4. SCHEDULE D: BACKGROUND SCREENING SERVICES
4.1. Available screening services. Foley provides access to an ordering platform which allows
customers to order background screenings for employment purposes either through a
custom-built package or a la carte. Foley’s screening services include, but are not limited,
to the following:
• Criminal
• Verifications (Education, Reference, Employment)
• Sanction & Database
• I.D. Verifications
• I9 (electronic) & E-Verify
• Drug Screening
• Clinical Services
• Occupational Medicine
• Fingerprinting
• Hair Testing
• Motor Vehicle Records
• Social Media Screening and Monitoring
• International Searches
• Monitoring / Continuous Screening
• Worker’s Compensation
4.2. Platform Use Training and FCRA Compliance Certification. Foley will provide
Customers with training to use its Platform for background checks and related
screenings subsequent to Customer certifying its permissible purpose under the FCRA
and certifying that proper FCRA disclosures and authorizations have been procured.
Customer may not order a background screening or other consumer report from Foley
without such a certification. All Customers and end-users must sign Foley’s “Access
Security Agreement” to ensure safe and secure use of Foley’s Platform and screening
ordering system.
4.3. Sample FCRA Forms. Foley can provide Customer sample federal and state
documents/forms to assist Customer in preparing FCRA, state, and local required
disclosures and authorizations. All provided sample forms and documents are provided
to Customer for informational purposes only and shall not be construed as legal advice.
Ensuring federal, state, and local FCRA-related forms, documents, disclosures, and
authorizations are the sole responsibility of Customer under this Agreement.
4.4. Alias/Address History Services. Foley has obtained limited license rights to provide
to its clients certain “nonpublic personal information” (“Alias/Address History
Services”) as defined in and regulated by the Gramm-Leach-Bliley Act (15 U.S.C.
6801, et seq.) and related state laws (collectively, “GLBA”). Alias/Address History
Services include, but are not limited to, data regarding and names that might have been
used by the Candidate. Alias/Address History Services do not include consumer credit
information or other types of information subject to the permissible purposes set forth
in the FCRA. Alias/Address History Services are a component of the nationwide
criminal database search and social security trace address locator provided by Foley.
Customer acknowledges that Foley will search using only the Candidate’s name as
provided to Foley by Customer or its Candidate, as applicable, unless Customer orders
a package to search Candidate Aliases, in which case, Foley will also search using
Candidate aliases in accordance with the package ordered. If Customer obtains
Alias/Address History Services from Foley, Customer shall comply with the following
requirements and restrictions (which are based on statutory and/or supplier
requirements) (i) Customer/End-User will not, directly or indirectly, sell, transfer,
disclose the contents of or distribute Alias/Address History Services, in whole or in
part, to any third-party (other than to the applicable Applicant), and Customer/EndUser shall use the Alias/Address History Services solely as an end-user, for a single,
one-time use with respect to a Candidate; (ii) Customer/End-User’s sole purpose for
requesting Alias/Address History Services will be to verify the accuracy and
completeness of information provided to Customer/End-User by the Candidate
connection with the transaction pursuant to which the Candidate authorized
Customer/End-User to obtain a report regarding the Candidate; (iii) Customer/EndUser will limit its use of Alias/Address History Services to the foregoing stated
purposes; (iv) Customer/End-User will take appropriate measures so as to protect
against the misuse of the Alias/Address History Services; (v) Customer/End-User will
not use any information obtained in connection with the Alias/Address History
Services, in whole or in part, for the purpose of serving as a factor in determining a
Candidate’s eligibility for credit, insurance, employment, or any other product, service
or transaction not authorized in this paragraph; and (vi) Customer/End-User will not
use the information provided in connection with the Alias/Address History Services for
any purpose that would violate the Privacy Rule, 16 CFR Part 313, implemented
pursuant to the GLBA, or any other provisions of the GLBA or other applicable law,
rule, or regulation. For clarification, this Section 7(b) does not restrict Customer/EndUser’s right to use information in consumer reports (other than Alias/Address History
Services data) for determining a Candidate’s employment eligibility in accordance with
this Agreement.
4.5. Outsourced Providers. If Customer uses an outsourced human resources provider
(“Outsourced Provider”) which, for purposes of this Agreement, shall be acting as an
authorized agent of Customer in connection with Customer’s permissible procurement
and use of Foley’s Consumer Reports and other services, Customer shall first identify
to Foley in writing the identity of the Outsourced Provider and shall require, by written
agreement, its Outsourced Provider to comply with all terms of this Agreement
applicable to Customer (including, without limitation, compliance and certification of
compliance with all Laws with respect to the procurement and use of consumer reports;
protection of the confidentiality of Foley’s Confidential Information; and prohibition
against re-using, transferring (other than to End-User or its Candidate and/or reselling
Consumer Reports). Customer agrees that it shall be fully responsible for the actions or
inactions of its Outsourced Provider and that any violation by its Outsourced Provider
of applicable laws or the terms of this Agreement shall be considered a violation of this
Agreement by Customer. Customer authorizes Foley to deal directly with the
Outsourced Provider as Customer/End-User’s authorized agent, and Customer shall be
responsible for ensuring that all necessary consents of Applicants have been obtained
to permit Foley to disclose Candidate’s consumer report to the Outsourced Provider.
The Outsourced Provider shall perform its services onsite at Customer’s place of
business. If the Outsourced Provider wishes to perform its services for Customer and/or
access or retain consumer reports at the Outsourced Provider’s own business premises,
Customer shall notify Foley in writing in advance, and Foley shall have the right, at an
additional cost to perform for regulatory compliance purposes Foley’s standard
company credentialing procedures with respect to Outsourced Provider, which may
include a brief physical inspection of the Outsourced Provider’s business premises.
Customer must obtain Foley’s advance consent (not to be unreasonably withheld) of
any replacement of its Outsourced Provider. Customer acknowledges that, due to
statutory and/or contractual obligations and restrictions, some Foley services may not
be available through an Outsourced Provider relationship and, ofthose that are available,
some may require additional paperwork from Customer/End-User and/or Outsourced
Provider.
4.6. I-9 & E-Verify Verification Obligations and Services. Customer acknowledges that
Foley’sservices do not alleviate Customer of itsresponsibility for performing in-person
verification of its employees’ identities, checking photo identification, and completing,
verifying, and retaining the employees’ Form I-9 and other documentation, each as and
to the extent required by applicable Laws. In addition, if Customer obtains Foley’s I-9
and/or E-Verify employment eligibility services pursuant to this Agreement, Customer
and Foley agree to comply with the following obligations, as applicable based on the
service(s) obtained by Customer:
• Customer I-9 Obligations. Customer shall identify and comply with all Laws
applicable to Customer in connection with its use of I-9 services.
• Foley I-9 Obligations. If Customer orders the Foley I-9 Solution, Foley will provide
Customer an electronic Form I-9 that meets U.S. Citizenship and Immigration
Services (“USCIS”) regulations related to electronic Form I-9 management.
• Customer E-Verify Obligations. Customer acknowledges that it is End-User`s
responsibility to complete all E-Verify Checks in accordance with applicable Laws.
Customer shall: (i) identify and comply with all Laws applicable to Customer in
connection with its use of E-Verify Checks, (ii) provide Foley with the information
requested in the E-Verify Company Profile document provided by Foley for
purposes of obtaining a unique E-Verify Program ID number for Customer, (iii)
enter into the E-Verify Memorandum of Understanding (“MOU”) with the
Department of Homeland Security (“DAT”), and (iv) comply with its obligations
under the MOU, including, without limitation, restricting E-Verify Checks to only
its employees hired after the effective date of the MOU. Employers acting as federal
contractors shall restrict E-Verify Checks to all existing employees or only existing
employees assigned to specific federal contracts covered by the Federal Acquisition
Regulation (“FAR”) rule. Employers that are already enrolled in E-Verify at the time
of a federal contract award but are not enrolled in the system as a federal contractor
with the FAR E-Verify Clause must notify Foley and complete an updated E- Verify
Company profile document within thirty (30) days after assignment to the federal
contract.
• Foley E-Verify Obligations. If Customer orders E-Verify Checks, Foley shall enter
into the MOU as Customer E-Verify Employer Agent, and Foley shall comply with
its obligations under the MOU.
4.7. Adverse Action. At an additional cost, Foley can facilitate Customer with compliance
with the adverse action procedures required under the FCRA. This includes
transmitting the pre-adverse and post-adverse action letters to Candidates on behalf of
the Customer. Customer is solely responsible for the content of all adverse action letters
sent by Foley on the Customer’s behalf and by using Foley’s adverse action letter
templates, Customer is agreeing to the content of those templates. Foley will
accommodate Customer with any customization requests specific to Customer’s needs
with regard to the content of adverse action letters. Foley will not and does not make
any adverse action decisions on behalf of the Customer.
4.8. Pricing. Unless otherwise agreed to in the Order Confirmation or this Agreement,
pricing for background screening services is dictated per service and charged on a per
order basis. In addition, maintenance costs for ongoing monitoring or continuously
running programs are charged on a monthly or yearly basis depending on the program.
5. SCHEDULE E: APPLICANT TRACKING SYSTEM
5.1. Applicant Tracking System. Foley’s Applicant Tracking System (“ATS”) allows:
• Customers to create and post jobs, such that links to apply to the job can be posted on
Foley portal as well as third party websites.
• Applicants to apply to the job by filling out the application.
• Customers to review, screen, and manage applicants. Customer can request Motor
Vehicle Reports, background checks, CDLIS, and Pre-Employment Screening
Program (PSP) check on the applicant as part of the hiring workflow.
• Customers to hire, disposition, and enroll applicant into ongoing compliance and/or
screening services.
5.2. ATS Terms and Conditions.
A. System License. Foley hereby grants to Customer a personal, non-exclusive, nontransferable license to access and use the ATS over the Internet.
B. Restrictions. Customer agrees that it will not, and will not allow, its directors,
officers, business partners, or employees or agents to:
• Reverse assemble, reverse engineer, decompile or otherwise attempt to derive source
code from the ATS, Platform or any component thereof.
• Copy, reproduce, modify, sell, lease, sub-license, market or commercially exploit in
any way the ATS or any component thereof (including the further distribution or
blank forms or templates) other than as expressly agreed to in this Agreement.
• Use, or permit the use of, the ATS except for Customer’s internal purposes.
Customer agrees that Customer shall not provide access to or perform services for
third parties using the ATS including, but not limited to, any service bureau, timesharing, lease, distribution or re-sale, rental, application service provider
arrangement, or any other arrangement.
• Disclose, resell, or grant access to an access code to the ATS or any component
thereof to any third party not affiliated with Customer.
C. Customer Support. Foley customer and technical support will be provided during
Foley’s core operational hours, 8:30am–5:00pm EST. Calls relating to how to
access and utilize Foley’s services through the ATS and/or in accordance with
Customer/End-User’s internal procedures initially will be directed to, and
responded, by, Customer/End-User. Customer/End-User will be responsible for
having its representatives available to assist its users with questions or problems
concerning the ATS. Foley will provide secondary support to Customer’s users
experiencing technical problems or other issues with the ATS of which Customer’s
own customer service representatives are not qualified to handle or not able to fully
resolve. Notwithstanding the foregoing, if Foley makes a reasonable business
determination that the technical support requested pursuant to this section will
entail detailed, specialized maintenance or support services different in kind or
amount from those provided to other similar users of the ATS, Foley shall notify
Customer/End-User that the requested support is considered an additional service
which shall be subject to additional fees, to be negotiated.
D. Customer/End-User Responsibilities. Customer/End-User is responsible for all
activity occurring under its account and will abide by all applicable local, state,
national and foreign laws, treaties, and regulations in connection with its access or
use of the ATS and Platform, including those related to data privacy, international
communications, and the transmission of technical or personal data.
Customer/End- User will be responsible for ensuring that its users receive
sufficient training to enable proper access or use of the ATS and Platform.
Customer/End-User will be solely responsible for, and will bear the cost of,
providing all equipment, facilities, and connectivity, including without limitation
any Internet access or telecommunications services, necessary to use and access
the ATS.
E. Password Protection. As part of the registration and account creation process,
Customer/End-User will need a Username and a Password. Customer/End-User
may not select a Username which is identical to that used by another person or use
a Username which is in the sole opinion of Foley offensive or inappropriate.
Customer/End-User shall be solely responsible for maintaining the confidentiality
of Password. Customer/End-User is solely responsible for all usage or activity on
his/her/its account, including, but not limited to use of Customer/End-User’s
account, Username, or Password by any third party. Any fraudulent, abusive, or
otherwise illegal activity may be grounds for immediate termination of the
account, in Foley’s sole discretion, and Foley may refer Customer/End-User to
appropriate law enforcement agencies.
F. Upgrades and Modifications. At its sole option, Foley shall be entitled to prepare
or launch new versions or upgrades of or to the ATS that Foley generally makes
available to its users (“Update Releases”). At any time, Foley may install any
Update Releases to provide the services described herein or develop new modules
for upgraded licenses at an additional cost. The price for ATS use is subject to
change upon prior notice from Foley. Such notice may be provided at any time by
posting the changes to the Foley website, Platform, or ATS. Foley shall not be
liable to Customer, end-user, or to any third party for any modification, price
change, suspension, or discontinuance of the ATS. Foley may from time to time,
in its sole discretion, change some or all the functionality or any component of the
ATS or make any modification for the purpose of improving the performance,
service quality, error correction or to maintain the responsiveness of the ATS.
Foley reserves the right, in its discretion, to modify these ATS Terms at any time
by posting a notice on the website, Platform, ATS, or by sending Customer/EndUser a notice via e-mail. Customer consents to receipt of such notice.
Customer/End- User shall be responsible for reviewing and becoming familiar
with any such modifications. Use of any of Foley’s services by Customer/EndUser following such notification constitutes Customer/End-User’s acceptance of
the ATS Terms as modified. Any new features that augment or enhance the current
ATS, including the release of new tools and resources, shall be subject to this
Agreement.
G. Data Issues. Customer/End-User will have sole responsibility for the accuracy,
quality, integrity, legality, reliability and appropriateness of all data, information,
or material that Customer/End-User submits to the ATS during Customer/EndUser’s access or use of the System. Except as permitted in this Agreement, Foley
will not edit, delete, or disclose the contents of Customer/End-User Data unless
authorized by Customer/End-User or unless Foley is required to do so by law or in
the good faith belief that such action is necessary to: (i) conform with applicable
laws or comply with legal process served on Foley; (ii) protect and defend the
rights or property of Foley; or (iii) enforce this Agreement. Foley may provide
insight data or statistical data in aggregate form to third parties, but such
information will not include identifying information. Foley may access
Customer/End-User data to respond to service or technical problems with the ATS
or Platform. Customer will be responsible for any deletion, correction, destruction,
damage, loss, or failure to store any Customer/End-User data in the ATS. Foley
reserves the right to establish a maximum amount of memory or other computer
storage and a maximum amount of Customer/End-User Data that may store, post,
or transmit on or through the ATS or Platform. Customer/End-User may not
upload advertisements or transmit unsolicited information, materials, spam, or
data.
6. SCHEDULE F. DASH ONBOARD
Foley provides a platform to manage jobs and onboard candidate through progressive prehire screening. This service is called Dash Onboard. Foley’s Dash Onboard service includes,
but is not limited to, the following:
6.1. Job Management.
A. Create and Post Jobs. Customers can create a job and post it multiple times such that
links to apply can be posted to third party career websites where candidates may
complete an application specifically catered to the posted job.
B. Customize Job. Customers can align the job application and pre-hire screening
workflow to customer’s company policies.
6.2. Candidate Experience.
A. Apply to Job. Candidates can fill out partial application to be considered for the
position. Candidates can complete the application and any required pre-employment
screenings once a conditional offer of employment is made.
B. Consent to Screens. To facilitate compliance with Laws, Candidates will be prompted
to consent to all applicable screenings prior to initiation of a screening. Foley will not
initiate the screening until all required consents are obtained.
C. Create Account. Candidates will be prompted to create an account to save their
application. Once an account is created, future Candidate applications hosted by Foley
will be used to pre-fill an application, expediting the Candidate experience.
6.3. Candidate Onboarding.
A. Manage Job Candidates. Customers can easily view Candidates who have applied to
posted jobs and track their progress through the onboarding process.
B. Screen Candidates. Order and review the results of configured screens. The following
screens are supported and can be configured for a job:
• Motor Vehicle Report
• Background Check
• Drug Test
• DOT Physical
• Clearinghouse Initial Query
• Pre-Employment Screening Program (PSP)
• CDLIS
C. Disposition the Candidate. Hire a candidate into Foley platform such that ongoing
compliance can be managed using other services provided by Foley and ordered by the
Customer. Alternatively, decide to not hire a candidate and disposition with appropriate
reasoning.
6.4. Dash Onboard Terms and Conditions.
A. System License. Foley hereby grants to Customer a personal, non-exclusive, nontransferable license to access and use the Dash Onboard over the Internet.
B. Restrictions. Customer agrees that it will not, and will not allow, its directors,
officers, business partners, or employees or agents to:
• Reverse assembles, reverse engineer, decompile or otherwise attempt to derive
source code from the Dash Onboard, Platform or any component thereof.
• Copy, reproduce, modify, sell, lease, sub-license, market or commercially
exploit in any way the Dash Onboard or any component thereof (including the
further distribution or blank forms or templates) other than as expressly agreed
to in this Agreement.
• Use, or permit the use of, the Dash Onboard except for Customer’s internal
purposes. Customer agrees that Customer shall not provide access to or perform
services for third parties using the Dash Onboard including, but not limited to,
any service bureau, time-sharing, lease, distribution or re-sale, rental,
application service provider arrangement, or any other arrangement.
• Disclose, resell, or grant access to an access code to the Dash Onboard or any
component thereof to any third party not affiliated with Customer.
C. Customer Support. Foley customer and technical support will be provided during
Foley’s core operational hours, 8:30am –5:00 pm EST. Calls relating to how to access
and utilize Foley's services through the Dash Onboard and/or in accordance with
Customer/End-User’s internal procedures initially will be directed to, and responded
to, by Customer/End-User. Customer/End-User will be responsible for having its
representatives available to assist its users with questions or problems concerning the
Dash Onboard. Foley will provide secondary support to Customer’s users experiencing
technical problems or other issues with the Dash Onboard of which Customer’s own
customer service representatives are not qualified to handle or not able to fully resolve.
Notwithstanding the foregoing, if Foley makes a reasonable business determination that
the technical support requested pursuant to this section will entail detailed, specialized
maintenance or support services different in kind or amount from those provided to
othersimilar users of the Dash Onboard, Foley shall notify Customer/End- User that the
requested support is considered an additional service which shall be subject to
additional fees, to be negotiated.
D. Customer/End-User Responsibilities. Customer/End-User is responsible for all
activity occurring under its account and will abide by all applicable local, state, national
and foreign laws, treaties, and regulations in connection with its access or use of the
Dash Onboard and Platform, including those related to data privacy, international
communications, and the transmission of technical or personal data. Customer/EndUser will be responsible for ensuring that its users receive sufficient training to enable
proper access or use of the Dash Onboard and Platform. Customer/End-User will be
solely responsible for, and will bear the cost of, providing all equipment, facilities, and
connectivity, including without limitation any Internet access or telecommunications
services, necessary to use and access the Dash Onboard.
E. Customer Compliance with Applicable Laws: Customer is responsible for ensuring
that the sequencing of pre-employment screenings Customer utilizes in Dash Onboard
is compliant with all state and local applicable laws, including, but not limited to,
employment and “ban the box” laws and regulations.
F. Password Protection. As part of the registration and account creation process,
Customer/ End-User will need a Username and a Password. Customer/ End-User may
not select a Username which is identical to that used by another person or use a
Username which is in the sole opinion of Foley offensive or inappropriate.
Customer/End-User shall be solely responsible for maintaining the confidentiality of
Password. Customer/ End-User is solely responsible for all usage or activity on
his/her/its account, including, but not limited to use of Customer/End-User’s account,
Username, or Password by any third party. Any fraudulent, abusive, or otherwise illegal
activity may be grounds for immediate termination of the account, in Foley’s sole
discretion, and Foley may refer Customer/End-User to appropriate law enforcement
agencies.
G. Upgrades and Modifications. At its sole option, Foley shall be entitled to prepare or
launch new versions or upgrades of or to the Dash Onboard that Foley generally makes
available to its users (“Update Releases”). At any time, Foley may install any Update
Releases to provide the services described herein or develop new modules for upgraded
licenses at an additional cost. The price for Dash Onboard use is subject to change upon
prior notice from Foley. Such notice may be provided at any time by posting the
changes to the Foley website, Platform, or Dash Onboard Foley shall not be liable to
Customer, end-user, or to any third party for any modification, price change,
suspension, or discontinuance of the Dash Onboard. Foley may from time to time, in
its sole discretion, change some or all the functionality or any component of the Dash
Onboard or make any modification for the purpose of improving the performance,
service quality, error correction or to maintain the responsiveness of the Dash Onboard.
Foley reserves the right, at its discretion, to modify these Dash Onboard Terms at any
time by posting a notice on the website, Platform, Dash Onboard, or by sending
Customer/End-User a notice via e-mail. Customer consents to receipt of such notice.
Customer/End-User shall be responsible for reviewing and becoming familiar with any
such modifications. Use of any of Foley’s services by Customer/End-User following
such notification constitutes Customer/ End-User’s acceptance of the Dash Onboard
Terms as modified. Any new features that augment or enhance the current Dash
Onboard including the release of new tools and resources, shall be subject to this
Agreement.
H. Data Issues. Customer/End-User will have sole responsibility for the accuracy, quality,
integrity, legality, reliability and appropriateness of all data, information, or material
that Customer/End-User submits to the Dash Onboard during Customer/End-User’s
access or use of the System. Except as permitted in this Agreement, Foley will not edit,
delete, or disclose the contents of Customer/End-User Data unless authorized by
Customer/End-User or unless Foley is required to do so by law or in the good faith
belief that such action is necessary to: (i) conform with applicable laws or comply with
legal process served on Foley; (ii) protect and defend the rights or property of Foley;
or (iii) enforce this Agreement. Foley may provide insight data or statistical data in
aggregate form to third parties, but such information will not include identifying
information. Foley may access Customer/End-User data to respond to service or
technical problems with the Dash Onboard or Platform. Customer will be responsible
for any deletion, correction, destruction, damage, loss, or failure to store any
Customer/End-User data in the Dash Onboard. Foley reserves the right to establish a
maximum amount of memory or other computer storage and a maximum amount of
Customer/ End-User Data that may store, post, or transmit on or through the Dash
Onboard or Platform. Customer/End-User may not upload advertisements or transmit
unsolicited information, materials, spam, or data.
7. SCHEDULE G: DAT CLEAR
Foley provides a managed service to facilitate the administration of company responsibilities
related to the FMCSA Drug Testing Clearinghouse. This service is called DAT Clear.
7.1. DAT Clear Features.
A. Query Consent Management. FMCSA-compliant electronic process for collecting and
maintaining driver consent for limited Clearinghouse queries.
B. Annual Query Management. Foley will execute a Limited Query on behalf of Customer
for all active drivers subject to 49 CFR Part 382 at least once per year. Foley will
execute a Full Query for all drivers whose annual Limited Query indicates the presence
of records in the Clearinghouse which require a Full Query.
C. Prospective Driver Query. Foley will facilitate a full pre-employment Query of the
Clearinghouse for prospective drivers as required by DOT regulations.
D. Employer Reporting Assistance. Foley will facilitate the Customer’s submission to the
Clearinghouse of records related to violations of drug and alcohol testing prohibitions
such as Positive Alcohol Results, Refusals to Submit, Actual Knowledge Violations
and Follow Up Testing.
E. Driver Assistance and Education. Foley will provide educational tools and reminders
for drivers to assist in the process of registering for the Clearinghouse. Foley will
contact drivers on behalf of the Customer who have not consented to a Full Query. This
reminder service will make 3 attempts over the first 3 business daysto remind the driver
that their consent is necessary. Foley will also provide Customers training on how to
comply with the Clearinghouse regulations.
F. Recordkeeping. Foley will maintain the retention of all information related to the
Customer’s Clearinghouse queries in a secure, electronic environment.
7.2. Other DAT Clear Terms and Conditions.
The FMCSA will charge a fee for executing queries of the Clearinghouse. Customer
must acquire the query plan from the FMCSA directly. The DAT Clear service is dependent
upon the Customer designating Foley as its C/TPA within the Clearinghouse. Initial
registration of the Customer, as well as the registration of the Customer’s drivers, cannot be
completed by Foley. The Customer and its drivers must register themselves within the
Clearinghouse directly.
Customer will be responsible for maintaining a list of its active drivers within the Foley
portal. Customer will provide necessary information to obtain limited query consent (driver
name, CDL number and state of issuance, date of birth, e-mail, address, and phone number).
Additional charges may apply to the Customer for assisting with disputes of information in the
Clearinghouse. If Customer takes adverse action based on a communication from the
Clearinghouse, the Customer will be subject to the FCRA’s “subsequent disclosure”
requirement and shall disclose to the driver a summary containing the nature and substance of
the communication upon which the adverse action is based. Foley will not be responsible for
the Customer’s duty to meet FCRA requirements in this regard.
Return to Duty/SAP/Follow-up testing management is not included in the DAT Clear
services. DAT Clear will include assistance with file upload regarding test results and/or
reports. The submission of Actual Knowledge or Refusal to Submit violations will require the
Customer to submit supporting information to Foley. An incident report form template will be
available, or the Customer may supply a reasonable alternative.
8. SCHEDULE H: Audit Risk Monitor (“ARM”) Report
8.1. Overview. Foley creates and distributes a managed Audit Risk Monitor (“ARM”)
report to subscribed Customer representatives on a periodic basis. The report provides
a high-level overview of Customer’s potential risk for an audit or inspection by the
Federal Motor Carrier Safety Administration (“FMCSA”) determined by the following
components: (1) Foley Compliance Score - based on the number and type of open alerts
within the Foley Platform relevant to the Customer- subscribed Services; and (2) The
FMCSA Behavior Analysis and Safety Improvement Categories (“BASIC”)
measurement (“BASIC Measurement”) associated with Customer’s DOT number.
The FMCSA describes how the BASIC Measurement is derived Here. (see P. 3-1).
8.2. Foley Compliance Score.
• Foley calculates a Compliance Score Snapshot by calculating the percentage of
Customer’s active drivers who have no open alerts in the Foley Platform compared to
the Customer’s total number of active drivers in the Foley Platform. Drivers who have
open alert notification(s) indicating the driver is missing documents required to satisfy
compliance are marked as non- compliant and are accounted for in the Score.
• The Compliance Score Trend illustrates Customer’s Foley compliance performance
over the eight (8) preceding weeks from the date the ARM report is sent to Customer.
• A mark on Customer’s Foley Compliance Score indicates that Customer’s drivers
have no open alerts in the Foley Platform for Customer’s subscribed programs
• A mark on Customer’s Foley Compliance Score indicates that at least one of
Customer’s drivers has an open alert within the Foley Platform and Customer should
login to the Foley Platform to review and manage the alert(s) impacting each driver’s
compliance.
8.3. FMCSA BASIC Measurement: The FMCSA’s BASIC Measurement data is updated
once each month by the FMCSA and Foley processes this data in real-time. A summary
of this data is contained in the FMCSA Motor Carrier Safety Measurement System
(“SMS”) result report by the FMCSA. Each monthly summary contains violations that
occurred within the past twenty-four (24) months. The violations are categorized by:
• Unsafe driving
• Hours of service compliance
• Vehicle maintenance
• Driver fitness
• Controlled substances and alcohol
• The lower the BASIC Measurement value, the better the carrier’s safety performance.
The higher the BASIC Measurement value the higher the risk is for an FMCSA
intervention, such as an audit. The BASIC Measurements do not, however, quantify a
specific chance or guarantee that a Customer will or will not be audited, investigated,
or inspected by the FMCSA. The BASIC Measurement Foley displays in the ARM
report is calculated solely by the FMCSA with no manipulation by Foley.
• A mark placed on a BASIC category on the Foley ARM report indicates that either
no inspections were conducted and/or no violations were found for that BASIC
category by the FMCSA associated with Customer’s DOT number, during
(approximately) the preceding twenty-four (24) months, as of the date the report is sent
by Foley to the Customer.
• A mark placed on a BASIC category on the Foley ARM report indicates that the
FMCSA cited one or more violations on the Customer’s FMCSA account associated
with Customer’s DOT Number for that BASIC category, during (approximately) the
past twenty-four (24) months as of the date the report is sent by Foley to the Customer.
8.4. ARM Terms and Conditions. These ARM Terms and Conditions (“ARM Terms”)
are only applicable if Customer uses Foley’s Audit Risk Monitor Service, as outlined
above. To the extent these ARM Terms conflict with the General Terms of this
Agreement, the General Terms take priority over these ARM Terms. The ARM report
will be provided at no extra cost to every Customer subscribed to and charged for
Foley’s Dash Onboard Services (See Schedule F: Dash Onboard). If Customer is not
subscribed to Dash, Customer will be billed for the ARM report at the rate reflected in
Customer’s Order Confirmation.
8.5. ARM Legal Disclaimer. Foley's communications in the ARM report are not
guarantees of the likelihood that a Customer will, or will not, be inspected or audited
by the Department of Transportation for compliance with its regulations. Foley does
not provide legal advice and no publication of information in the ARM should be taken
as constituting legal advice or inducement to act or refrain from acting. The material
and information located in the ARM report is provided for informational purposes only.
Customer shall not rely on the measurements, outputs, or other information in the ARM
Product before taking any action related to its DOT compliance, and Foley is not
responsible for any such reliance. Customer should seek advice from professional
advisors in relation to any intended action based on, in whole or in part, the information
contained in the ARM report.
Historical benchmark and other information may not be indicative of future information
or performance. None of Foley or any third party that provides data used to administer
or determine any benchmark and other information (a Data Provider), or any of its or
their affiliates, makes any claim, prediction, warranty or representation whatsoever,
expressly or impliedly, as to the timeliness, accuracy or completeness of the predictions
or other information in the ARM report. To the fullest extent permitted by applicable
law, none of Foley’s or any Data Provider, or any of its or their affiliates will be liable
in contract or tort (including negligence), for breach of statutory duty or nuisance or
under antitrust laws, misrepresentation or otherwise, in respect of any inaccuracies,
errors, omissions, delays, failures, cessations or changes (material or otherwise) in
Foley's ARM product and other information, or for any damage, expense or other loss
(whether direct or indirect) Customer may suffer arising out of or in connection with
Foley's ARM report and other information or any reliance Customer may place upon
it. All implied terms, conditions and warranties, including without limitation as to
quality, merchantability, fitness for purpose, title or noninfringement, in relation to
Foley's ARM report and other information are hereby excluded to the fullest extent
permitted by applicable law.
9. SCHEDULE I: CSA Monitor 
9.1. Overview. CSA stands for Compliance, Safety, Accountability, which is the safety
compliance, and enforcement program of the Federal Motor Carrier Safety
Administration (FMCSA). The FMCSA holds motor carriers and drivers accountable
for their role in safety. Foley creates and distributes a managed CSA Monitor service
to subscribed Customer Representatives daily. Once subscribed, Foley setup team will
request authorization to the CSA data from the FMCSA associated to the customer’s
Department of Transportation (DOT) number. The Customer Representative must then
log in using his/her credentials to approve Foley’s request. An individual request will
exist per DOT number. Upon approval Foley will be able to retrieve daily inspection
and violation information until such time the Customer Representative revokes
access.  
With access to the CSA data, the CSA data will be monitored daily, and an email
generated if there is added information to provide. The email will provide to the defined
Customer Representative(s) a detailed summary of crash and inspection data reported
from roadside inspections associated with the driver/operator of the commercial motor
vehicle. Emails are only produced when new crash and inspection data have been
posted. See sections 9.2 and 9.3 for further details on the information provided. 
9.2. Crash Data. For crash related data, the type of motor vehicle, its configuration and
identifiers are also provided, alongside crash details containing the count of injuries,
fatalities, vehicles involved and outcome containing but not limited to Hazmat
involvement, towaway or citations were issued to said driver.  Crash inspection data
provides location, weather conditions, road surface conditions and light conditions
pertaining to the crash incident.  
9.3. Inspection Data. For inspection related data, an overall summary and detailed list of
violations with associated violation codes defined by the FMCSA are included in the
inspection report. The inspection summary aggregates the number of inspections, both
clean and with violations and the total severity points. The inspection is segmented by
driver, where a list of violations is provided. Each violation is associated with a
violation code containing its own severity weighting and flag to define whether it
results in an out-of-service action for the given driver. Severity points are divided into
further subcategories defined by CSA Measure for unsafe driving, hours of service,
vehicle maintenance, controlled substance and alcohol, hazardous materials, driver
fitness, and crash indicators. The weights are added, and a severity multiplier (if
applicable) is applied to provide a final score by the FMCSA.  Trending inspection data
containing the history of completed inspections associated with the DOT number are
provided. 
9.4. CSA Monitor Terms and Conditions. These CSA Monitor Terms and Conditions
(“CSA Monitor Terms”) are only applicable if Customer uses Foley’s CSA Monitor
Service, as outlined above. To the extent these CSA Monitor Terms conflict with the
General Terms of this Agreement, the General Terms take priority over these CSA
Monitor Terms.  
The CSA Monitor will be provided at an additional cost to every Customer subscribed
to and charged for Foley’s Dash Onboard Services (See Schedule F: Dash Onboard). If
Customer is not subscribed to Dash, Customer will be billed for the CSA Monitor at
the rate reflected in Customer’s Order Confirmation. 
9.5. CSA Monitor Legal Disclaimer. Foley's communications in the CSA Monitor are not
guarantees of the likelihood that Customer will, or will not, be inspected or audited by
the DOT for compliance with its regulations. Data used in the CSA Monitor is provided
exclusively by the FMCSA. Foley does not modify the data sourced and is not
responsible for data missing either by: (i) failure by the FMCSA to publish the crash or
inspection event, or (ii) disruptions to the FMCSA system by either access restrictions
or technical disruptions. Foley does not provide legal advice and no publication of
information in the CSA Monitor should be taken as constituting legal advice or
inducement to act or refrain from acting. The material and information located in the
CSA Monitor is provided for informational purposes only. Customer shall not rely on
the measurements, outputs, or other information in the CSA Monitor Product before
taking any action related to its DOT compliance, and Foley is not responsible for any
such reliance. Customer should seek advice from professional advisors in relation to
any intended action based on, in whole or in part, the information contained in the CSA
Monitor. 
Historical benchmark and other information may not be indicative of future information
or performance. None of Foley or any third party that provides data used to administer
or determine any benchmark and other information (a “Data Provider”), or any of its
or their affiliates, makes any claim, prediction, warranty or representation whatsoever,
expressly or impliedly, as to the timeliness, accuracy or completeness of the predictions
or other information in the CSA Monitor. To the fullest extent permitted by applicable
law, none of Foley's or any Data Provider, or any of its or their affiliates will be liable
in contract or tort (including negligence), for breach of statutory duty or nuisance or
under antitrust laws, misrepresentation or otherwise, in respect of any inaccuracies,
errors, omissions, delays, failures, cessations or changes (material or otherwise) in
Foley's CSA Monitor product and other information, or for any damage, expense or
other loss (whether direct or indirect) Customer may suffer arising out of or in
connection with Foley's CSA Monitor and other information or any reliance Customer
may place upon it. All implied terms, conditions and warranties, including without
limitation as to quality, merchantability, fitness for purpose, title or noninfringement,
in relation to Foley's CSA Monitor and other information are hereby excluded to the
fullest extent permitted by applicable law. 
PACKAGES
Starter (CDL) DOT Drug and Alcohol Testing
Essentials (CDL) DOT Drug and Alcohol Testing
DAT CLEAR (Initial and Annual Queries)
Driver File Creation
Driver File Management
Essentials (non-CDL) Driver File Creation
Driver File Management
Standard (CDL) DOT Drug and Alcohol Testing
DAT CLEAR (Initial and Annual Queries)
Driver File Creation
Driver File Management
DOT Physical
Standard (non-CDL) Driver File Creation
Driver File Management
DOT Physical
Premium (CDL) DOT Drug and Alcohol Testing
DAT CLEAR (Initial and Annual Queries)
Driver File Creation
Driver File Management
DOT Physical