This document will also act as the contract between the user and READI Collect, LLC. These terms and conditions will be in effect from the day and time the subscriber clicks the box acknowledging acceptance.

By accessing this Website, accessible from https://readiresponse.com, https://readicollect.com, https://readinetwork.com, or any other READI Network website, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by applicable law. 

SUBSCRIPTION ACTIVATION

The activation of the SUBSCRIBER in the READI Collect App will occur during the online sign-up process where the Subscriber acknowledges that it has read and understands all aspects of this agreement and finalizes the initial subscription payment. The cost of the subscription is the rate published on the READI Collect website. The subscriber agrees that the payment method utilized is to be stored and may be used for outstanding/past due invoices and auto-renewal of the subscription. READI Collect does not store any payment method or privacy sensitive information. All payment data is stored by a third-party provider that is PCI/DSS compliant. This agreement will act as a binding contract between READI Collect and the Subscriber.

SERVICES TO BE RENDERED

READI Collect agrees to perform the Services in a good and workmanlike manner consistent with all applicable standards of the trade(s), and with applicable codes, laws, rules and regulations, where applicable, the Subscriber’s Company Drug and Alcohol Policy and in accordance with the terms and conditions contained in this Agreement.

1. Post Accident/incident drug and alcohol specimen collection.
   1. Federally mandated DOT specimen collection
   2. Non-mandated specimen collection
2. Scheduled Onsite Drug and alcohol specimen collection.
   1. Federally mandated DOT specimen collection
   2. Non-mandated specimen collection

Pricing for onsite testing is available on the user portal and upon request. All invoices resulting from user requested events are due upon receipt. All past due invoices will be paid utilizing the credit card on file. By agreeing to this agreement you approve these charges.

The Department of Transportation regulations governing drug and alcohol testing programs (49 CFR Part 40) make it very clear that the Employer (also referred to as ‘Company’) is responsible for all aspects of compliance with the regulations. That applies even if a company such as READI Collect, LLC has been designated as a service agent. It is critical that the employer understands this concept. The responsibilities for each party are outlined below:

RESPONSIBILITIES OF READI Collect, LLC:

• READI Collect to provide a web portal for each Subscriber to access for all information relating to their account.
• Provide the best possible response time for every requested testing event.
• Provide a mobile APP to each team member added to a subscribers account.
• Ensure all testing is completed by a DOT compliant (SAMHSA) laboratory. When required by law or regulation.
• Provide a DOT certified Medical Review Officer (MRO) review when required by law or regulation.
• Provide all test results ASAP and in a secure, and confidential fashion as directed by the Employer.
• In the event of a positive test result, provide access to a network of DOT compliant Substance Abuse Professionals (SAP’s).
• READI Collect is a Third-Party Administrator and utilizes subcontractor specimen collectors or collector networks.
  • When the collector is an individual independent contractor specimen collector.
  • READI Collect has entered into this independent contractor agreement with each independent Collector in which they agree to follow all the conditions therewith.
  • Per the separate Independent Contractor Agreement, READI Collect must obtain a copy of Contractor’s valid license(s) and/or certificate(s) showing them officially trained and certified to perform the requested task.
  • READI Collect is not responsible nor liable for any unforeseen issue that any Collector may experience that may affect the validity of said certificate.
  • When a previously valid Collector’s certification becomes invalidated, READI Collect’s acceptance protocol requires the Collector to acknowledge that they possess the certification(s) required to collect the requested specimen. READI Collect is not liable nor responsible if a Collector is not properly certified at the time of the requested service.
  • Collector has provided proof of professional liability insurance meeting all of the federal and state requirements pertaining to the location of the specimen collection and in the event of a NON-Federally regulated collection, the employer company policy.
  • When the Collector is part of a Collector Network.
  • READI Collect has entered into an agreement with the Collector Network in which they agree to follow all the conditions therewith.
  • Collector Network has obtained a copy of a valid certificate showing that all of the Collectors in their Network are officially trained and certified to perform the requested task.
  • READI Collect is not responsible nor liable for any unforeseen issue that any Collector within the Network may experience that may affect the validity of said certificate.
  • When a previously valid Collector’s certification becomes invalidated, READI Collect’s acceptance protocol requires the Collector to acknowledge that they possess the certification(s) required to collect the requested specimen. READI Collect is not liable nor responsible if a Collector is not properly certified at the time of the requested service.
  • Collector Network has provided proof of professional liability and where required, Workman’s Compensation insurance meeting all of the federal and state requirements pertaining to the location of the specimen collection and in the event of a NON-Federally regulated collection, the employer company policy.
  • The Services shall be conducted in a manner consistent with that level of care and skill ordinarily exercised by private Specimen Collection professionals operating under similar circumstances.
  • At all times during the term of the Collector Agreement, Collector shall possess all required permits, licenses and related governmental approvals needed to conduct specimen collection service.

RESPONSIBILITIES OF SUBSCRIBER (EMPLOYER OR OWNER OPERATOR)

• DOT covered employees/team members such as drivers of Commercial Motor Vehicles (CMV’s) are required to be in compliance with all of the DOT regulations CFR 49 parts 40 and 382 including but not limited to, written proof that the driver is and has been, part of a DOT compliant random drug/alcohol testing program within the last 30 days, and that all conditions required by the US DOT for pre-employment testing and verification of prior random pool enrollment have been met by the employer.
• Keep the list of active drivers/team member up to date in the READI Network portal.
• The READI Collect Mobile APP has a feature that will walk a user through the decision tree to assist in determining if a post-accident drug and alcohol test is necessary following any accident, but the final decision and responsibility rests with the Employer.
• Provide READI Collect with a secure and confidential means to receive test results.
• Test results will com directly from i3Screen to the authorized DER.
• If an employee tests positive, make the final determination on whether to terminate the employee. Ensure an employee does not resume safety sensitive role prior to SAP approval and the completed return to duty test.
• Provide any and all training to each employee as per DOT regulations.
• maintain a company policy pertaining to drug and alcohol testing in compliance with all federal and state guidelines and regulations.
• Subscriber is responsible for training all employees and drivers on the READI Collect App and web portal where applicable.
• Ensure a supervisor receives the DOT required Reasonable Suspicion training through Labworks USA or another provider.
• Serve as the primary custodian of the records as per the DOT regulations.
• Remain ultimately responsible for compliance with any and all pertinent DOT regulations and for the outcome of any audit.

EXPLANATION OF FEES

• Annual membership – Valid for 12 months and must renew no later than 1 day before your anniversary date indicated on your confirmation of enrollment email. There are no refunds on the annual membership/renewal as your enrollment is for a full year. Annual renewals will be invoiced and notified 30 days prior to the renewal date with instructions to update the active driver/team roster and update the payment method on file. Renewal must be paid with an alternate method at least 1 day prior to the anniversary date or the renewal will be auto charged on or near the renewal date. If the account is to be closed it must be done at least 15 days prior to the expiration date, on the company's dashboard or in writing by email.
• Each initial driver/ team member – On your initial sign up you are charged a fee for each driver added to your account. This covers the cost of setting up and maintaining that driver in our databases.
• Add additional drivers/team members – After your initial sign up you can add new drivers and the set-up fee is the same as on your initial sign up.
• Scheduled Onsite Drug and alcohol tests - A concise quote will be given when dispatch is in contact with you and confirms the timing and nature of the tests required.

• Random Selection drug and alcohol tests – This service is provided by Labworks USA. Go to www.labworksUSA for details.
• FMCSA Clearinghouse registration assistance - This service is provided by Labworks USA. Go to www.labworksUSA for details.
• Supervisor Training - This service is provided by Labworks USA. Go to www.labworksUSA for details.

INVOICE TERMS

Unless otherwise noted invoices are due upon receipt. Upon closure of an account any unpaid invoices will become immediately due. READI Collect reserves the right to use the credit card or ACH information provided by the Company to pay the balance on any amounts owed to READI Collect by the Company. Any payment information is stored in a secure server rated PCI DSS compliant and one of the most secure payment gateways in the world. Invoices will be generated and submitted to Subscriber for:

1. Third party or out of network collections or services not pre-paid in the READI Collect system.
2. Onsite post-accident specimen collections.
3. Competed drug and alcohol tests.
4. Scheduled onsite specimen collections.

COLLECTION COSTS

If READI Collect deems it necessary to use a third party to collect a past due debt from the Company, Labworks USA reserves the right to charge the Company a Collection fee of $50.

DISHONORED CHECK/AUTOMATIC PAYMENT CHARGES

Where permitted by law, Employer agrees to pay a $45.00 fee or other permitted maximum amount for (a) any dishonored or returned check or other item due to lack of funds in the maker’s account or the failure of maker to have an account, or because maker stopped payment without good cause, and (b) any Automatic Payment authorized by Employer which is rejected or not honored by Employer’s bank or credit card issuer for any reason, along with any costs and expenses incurred in connection with collection of such dishonored, returned or rejected check, other item or Automatic Payment.

GOVERNING LAW

This Service Agreement is governed by the laws of the state of Delaware. The following statement is included in 49 CFR Part 40: "All agreements and arrangements, written or unwritten, between and among employers and service agents concerning the implementation of DOT drug and alcohol testing requirements are deemed, as a matter of law, to require compliance with all applicable provisions of CFR 49 Part 40 and DOT agency drug and alcohol testing regulations. Compliance with these provisions is a material term of all such agreements and arrangements."

TERMINATION

This Agreement will terminate upon the earlier of the following events: (i) the Network Agreement is terminated by either party in writing, a minimum of fifteen (15) calendar days prior to any automatic renewal date; (ii) SUBSCRIBER’s company ceases doing business, in which case all fees and invoices will be due and payable prior to the termination. Any outstanding amounts due at termination, unless paid by a different method before the termination date, will be charged using the payment method on file. 

ATTORNEY’S FEES

Both parties agree that should a suit or action be instituted to enforce the terms of this Service Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in such litigation, and on any appeal.

CONFIDENTIALITY

SUBSCRIBER shall maintain information acquired under this Agreement in confidence. If such information is required to be disclosed by law, SUBSCRIBER will notify READI COLLECT immediately upon receipt of such order and READI COLLECT will reasonably cooperate with SUBSCRIBER in the event SUBSCRIBER seeks any legal protective order with respect to such information.

INDEMNIFICATION

Employer agrees to indemnify READI Collect, LLC, its assignee's, and vendors, and hold each of them harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses, including legal fees, arising out of or by reason of any breach or alleged breach by Labworks USA of any of the representations, warranties, or agreements made under this Service Agreement.

TERMS FOR EXPULSION FROM THE READI Network, including READI Collect

READI Collect, LLC strives to help keep Employers in compliance with the regulations, however ultimately the responsibility lies with the Employer. Should the Employer fail to comply with the regulations as set forth by 49 CFR Part 40, READI Collect reserves the right to expel the Employer from all READI Collect, LLC services.

TERMS

By accessing this Website, accessible from https://READIresponse.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site.

USE LICENSE

Permission is granted to temporarily download one copy of the materials on READI Collect's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose or for any public display;
• attempt to reverse engineer any software contained on the READI Network's WEBSITE
• remove any copyright or other proprietary notations from the materials; or
• transferring the materials to another person or "mirror" the materials on any other server.

This will let READI Collect terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated, and you should destroy any downloaded materials in your possession whether it is printed or electronic format.

DISCLAIMER

All the materials on READI Collect’s Website are provided "as is". READI Collect makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, READI Collect does not make any representations concerning the accuracy or reliability of the use of the materials on its website or otherwise relating to such materials or any sites linked to this Website.

LIMITATIONS

READI Collect or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on READI Collect’s Website, even if READI Collect or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

REVISIONS and ERRATA

The materials appearing on READI Collect’s Website may include technical, typographical, or photographic errors. READI Collect will not promise that any of the materials on this Website are accurate, complete, or current. READI Collect may change the materials contained on its website at any time without notice. READI Collect does not make any commitment to updating the materials.

LINKS

READI Collect has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by READI Collect of the site. The use of any linked website is at the user’s own risk.

SITE TERMS OF USE AND MODIFICATIONS

READI Collect may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

YOUR PRIVACY

Please read our Privacy Policy at www.readicollect.com/privacy-policy

When these terms and conditions have been acknowledged by clicking the box next to the statement “I accept these terms and conditions”. This will be binding and act as a contract between READI Collect, LLC and the subscriber.