Terms of Service

Effective Date: June 26, 2026 • Jurisdiction: State of Florida, USA

These Terms of Service (these “Terms”) are a binding legal agreement between you and Airport Medical Solutions, LLC, a Florida limited liability company with principal place of business at 5203 NW 36th St, Miami Springs, FL 33166 (“AMS”, “we”, “us”, or “our”). AMS provides the FMCSA-ASSISTANT platform (the “Service”) — an FMCSA-authorized Third-Party Administrator (C/TPA) and Consortium service for motor carriers subject to 49 CFR Part 382. By enrolling or accessing the platform, you (“Employer,” “you,” or “your”) — including your Designated Employer Representative (DER) — agree to be bound by these Terms. If you do not agree, do not use the Service.

1 Acceptance & Scope

This Agreement applies to motor carriers and other employers subject to the FMCSA drug and alcohol testing requirements of 49 CFR Part 382 who enroll with AMS as their C/TPA and/or Consortium. By completing the enrollment process — whether performed by the company's owner, officer, or its DER — the Employer agrees that:

The Agreement is binding on the Employer as a legal entity, and on the DER individually with respect to their platform access and delegated responsibilities.
The Employer is a motor carrier that operates commercial motor vehicles (CMVs) as defined under 49 CFR §390.5 and employs drivers who hold a commercial driver's license (CDL) and perform safety-sensitive functions.
The Employer has independent obligations under 49 CFR Part 382 that are not extinguished by delegation to AMS.

2 Service Description

FMCSA-ASSISTANT is a federally recognized Third-Party Administrator (TPA) and Consortium (C/TPA) operating under 49 CFR Part 40 and 49 CFR Part 382. The services AMS provides through the FMCSA-ASSISTANT platform include:

Random Pool Management: Maintaining an employer-specific pool of CDL drivers enrolled in the federally mandated random testing program.
Random Selection Draws: Executing quarterly random draws using a cryptographically secure random number generator (CSPRNG) at annualized rates meeting or exceeding the applicable FMCSA minimum (50% of pool for drug testing; 10% of pool for alcohol testing for calendar year 2026, per 49 CFR §382.305(b)).
DER Notifications: Delivering unannounced selection lists to the Employer's DER by email and/or via the secure DER portal immediately following each draw.
MIS Reporting: Assisting the Employer in completing the Annual Management Information System (MIS) report as required by 49 CFR §382.403, using data maintained within the platform.
Clearinghouse Query Delegation: Where the Employer executes a written delegation authorizing AMS as its Clearinghouse C/TPA under 49 CFR §382.701(d), AMS will conduct pre-employment and annual limited queries on the Employer's behalf through the FMCSA Drug and Alcohol Clearinghouse.
Violation Reporting: Facilitating employer-initiated violation reports to the FMCSA Clearinghouse per 49 CFR §382.705, upon DER instruction.
Recordkeeping: Maintaining selection records, draw documentation, and program records for the applicable retention periods specified in 49 CFR §382.401.

AMS does not own or operate collection sites, MROs (Medical Review Officers), or Substance Abuse Professionals (SAPs). AMS coordinates with the Employer's chosen collection facility and MRO; it does not guarantee collection site availability in any geographic area.

3 Employer Responsibilities (Non-Delegable)

The following obligations remain exclusively with the Employer and are not delegable to AMS under 49 CFR Part 382 or Part 40. Enrollment with AMS does not relieve the Employer of ultimate regulatory liability:

Removal from Safety-Sensitive Functions: Upon receipt of a DER notification of a positive, adulterated, substituted, or refused test result, the Employer must immediately remove the driver from safety-sensitive functions per 49 CFR §382.605. This action cannot be delegated.
SAP Referral: The Employer must ensure that any driver with a violation is referred to a qualified Substance Abuse Professional (SAP) per 49 CFR §382.605(b) and 49 CFR Part 40 Subpart O.
Return-to-Duty Authorization: The Employer must receive and evaluate the SAP's return-to-duty recommendation and follow-up testing plan before permitting a driver to return to safety-sensitive duties.
Pre-Employment Testing: The Employer is responsible for ensuring a negative pre-employment drug test result is on file before any driver performs safety-sensitive functions for the first time (49 CFR §382.301). AMS may assist with Clearinghouse pre-employment queries, but the Employer is responsible for the actual test.
Records at Principal Place of Business: The Employer must maintain certain records at its principal place of business as required by 49 CFR §382.401(b).
FMCSA Compliance: The Employer acknowledges that AMS is a service provider and that regulatory compliance responsibility under 49 CFR Part 382 rests with the Employer. AMS does not accept liability for citations, penalties, or enforcement actions arising from the Employer's failure to perform its non-delegable duties.

4 C/TPA Responsibilities (Delegated)

AMS accepts the following delegated responsibilities per 49 CFR §382.305(d) and the terms of this Agreement:

Maintaining the Employer's random testing pool and managing pool-level draw rates at or above the FMCSA annual minimums (50% drugs / 10% alcohol for 2026).
Documenting each random draw, including the draw date, period covered, pool size at time of draw, selection methodology, and resulting selection list.
Retaining random selection documentation for a minimum of 2 years per 49 CFR §382.401(b)(3).
Where a written Clearinghouse delegation is in place, conducting limited queries (pre-employment and annual) and full queries (on reasonable suspicion/return-to-duty) on the Employer's behalf per 49 CFR §382.701.
Transmitting violation reports to the FMCSA Clearinghouse upon written instruction from the DER, within 3 business days of a verified positive, refusal, or other reportable violation per 49 CFR §382.705.

5 Fees & Billing

The following fees apply to enrollment and ongoing membership:

Initial Enrollment Fee: $150.00 USD, due at time of enrollment. This fee covers initial program onboarding, entry into the random testing pool, and the first 12 months of random draw administration and MIS reporting assistance.
Annual Renewal Fee: $80.00 USD per year, due on the anniversary of the initial enrollment date. This fee covers continued pool membership, quarterly draws, and MIS reporting for the renewal term.
All fees are billed in USD via Stripe (a PCI-compliant payment processor). By enrolling, you authorize AMS to charge the payment method provided through Stripe.
Pricing is subject to change. AMS will provide 60 days' written notice (via email and in-app notification) before any price increase takes effect for renewal charges.

6 Refunds

AMS offers a 14-day refund window from the initial enrollment date, subject to both of the following conditions being satisfied:

(a) No random draw has been performed that included any driver from the Employer's pool; and
(b) No FMCSA Clearinghouse query has been initiated on the Employer's behalf.

If either condition is not met, the initial enrollment fee is non-refundable. Annual renewal payments are non-refundable under any circumstances. To request a refund within the eligible window, contact support@amstrainingportal.com with your DOT number and enrollment date.

7 Auto-Renewal & Cancellation

Your AMS membership is an annual subscription that auto-renews each year on the anniversary of your initial enrollment date at the then-current renewal rate.

You may cancel auto-renewal at any time through the DER portal dashboard under "Account & Billing." Cancellation is effective at the end of the current paid membership term; no pro-rated refunds are issued.
Federal regulations require motor carriers subject to 49 CFR Part 382 to maintain a continuous drug and alcohol testing program (49 CFR §382.305(b)). If you cancel your AMS membership, you must arrange for enrollment with a replacement C/TPA or consortium before your AMS membership lapses to avoid a gap in your federally required program. AMS does not assume liability for regulatory violations arising from a gap in coverage.

8 Late Renewal & Termination for Non-Payment

AMS sends automated renewal reminders at 30 days, 14 days, and 3 days before the annual renewal date. If payment is not received by the renewal date:

Days 1–3 post-expiration: Escalating reminder notices are sent to the DER and billing contact on file.
Day 4 post-expiration: The Employer's drivers are automatically removed from the AMS random pool and no further draws, notifications, or Clearinghouse actions will be taken on the Employer's behalf.
Re-enrollment after termination for non-payment is treated as a new enrollment and is subject to the $150.00 initial enrollment fee.

AMS is not responsible for any compliance gaps or regulatory citations resulting from the Employer's failure to timely renew.

9 Data Accuracy

The Employer represents and warrants that all driver data submitted to the AMS platform — including but not limited to CDL number, state of CDL issuance, USDOT number, driver date of birth, legal name, and hire date — is accurate and complete at the time of submission, and that the Employer will promptly update any driver records that change.

The Employer acknowledges that inaccurate driver data may result in defective random selection draws, failed Clearinghouse queries, or inaccurate MIS reports. Knowingly submitting false information to a federally regulated testing program may constitute a violation of 49 CFR §382.121 (prohibiting fraudulent conduct) and other applicable federal regulations. AMS bears no liability for consequences arising from Employer-provided inaccurate data.

10 Confidentiality of Drug & Alcohol Test Results

Drug and alcohol test results are strictly confidential under 49 CFR §40.321. AMS will not release test results or violation information to any party except:

The driver who is the subject of the test, upon that driver's written request;
The Employer's DER, as necessary for program administration;
A Substance Abuse Professional (SAP), for return-to-duty evaluation;
A subsequent employer, only with the driver's written consent per 49 CFR §40.25;
DOT agencies (FMCSA, NTSB, NRC, FTA, FAA, FRA, PHMSA) upon lawful request or during an audit;
The FMCSA Drug and Alcohol Clearinghouse, as required by 49 CFR Part 382 Subpart G.

AMS will not release test results to insurance companies, legal counsel not retained by the Employer, media outlets, or any other third party without lawful authority. This confidentiality obligation survives termination of this Agreement.

11 Indemnification

Each party agrees to indemnify, defend, and hold harmless the other party and its respective officers, employees, agents, and contractors ("Indemnified Parties") from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from the indemnifying party's own breach of this Agreement, negligence, or willful misconduct.

Additionally, the Employer shall indemnify and hold AMS harmless from any claims or liabilities arising from: (a) inaccurate, incomplete, or fraudulent driver data submitted by the Employer; (b) the Employer's failure to perform its non-delegable obligations under 49 CFR Part 382; or (c) the Employer's violation of applicable federal or state law.

12 Limitation of Liability

To the maximum extent permitted by applicable law:

AMS's aggregate liability to the Employer for any claims arising under or related to this Agreement is limited to the total fees paid by the Employer to AMS in the 12 months immediately preceding the event giving rise to the claim.
AMS shall not be liable for any indirect, consequential, incidental, special, exemplary, or punitive damages — including lost profits, loss of data, business interruption, or regulatory fines — even if AMS has been advised of the possibility of such damages.
These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and survive a finding that any limited remedy has failed its essential purpose.

13 Disclaimers

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AMS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AMS does not guarantee that use of its platform will result in zero regulatory citations, audit findings, or FMCSA enforcement actions. Compliance under 49 CFR Part 382 requires the active participation and performance of the Employer, including timely removal of drivers from safety-sensitive functions, which is entirely within the Employer's control.

AMS is not a law firm and does not provide legal advice. Nothing in this Agreement or on the AMS platform constitutes legal advice. Employers are encouraged to consult qualified transportation compliance counsel for legal questions about DOT regulations.

14 Term & Termination by AMS

This Agreement begins on the date of enrollment and continues on an annual basis unless terminated. AMS may terminate this Agreement, effective upon 30 days' written notice, for any of the following reasons:

Non-payment of fees after the grace period described in Section 8;
The Employer's submission of falsified driver or company data to the AMS platform;
A finding by a DOT agency that the Employer has engaged in regulatory violations that compromise the integrity of the consortium pool;
Material breach of any provision of this Agreement that is not cured within 30 days of written notice.

AMS may terminate immediately (without notice) if the Employer's continued use of the platform poses a legal or regulatory risk to AMS or other consortium members, or if required by a lawful order from a government authority.

15 Dispute Resolution

Any dispute, claim, or controversy arising from or relating to this Agreement or the services provided hereunder shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the arbitration seated in Miami-Dade County, Florida. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: The Employer waives any right to participate in a class action lawsuit or class-wide arbitration against AMS. All claims must be brought on an individual basis.

Small Claims Exception: Either party may bring an individual claim in a small claims court of competent jurisdiction in lieu of arbitration, provided the claim qualifies for small claims court under applicable rules.

16 Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict-of-law principles. Federal law (including DOT regulations) governs matters specifically addressed by federal regulation.

17 Modifications to This Agreement

AMS reserves the right to modify this Agreement at any time. For material changes — including changes to fees, dispute resolution procedures, or limitation of liability — AMS will provide at least 30 days' advance notice via email to the billing contact on file and via an in-app notification. Continued use of the platform after the effective date of a modified Agreement constitutes acceptance of the updated terms.

Non-material changes (e.g., typographical corrections, clarifications that do not alter rights or obligations) may be made without advance notice.

18 Contact Information

For questions about these Terms of Service, billing, or your program:

Airport Medical Solutions, LLC
5203 NW 36th St, Miami Springs, FL 33166
Email: support@amstrainingportal.com

For privacy-specific inquiries, email our compliance team at the same address with subject line “Privacy Request — FMCSA-ASSISTANT”.

19 Entire Agreement & Severability

This Agreement, together with the Privacy Policy (privacy.html) and any written Clearinghouse delegation form executed by the Employer, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior negotiations, representations, or agreements. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect.