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Driver Application Page 1

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Pacer Transport 2007 Lease Program Details

Introduction

  • Over 100 Agents Nationwide & Canada

  • Central Dispatch

  • Internet Access to loads

  • Quick Pay - Daily Settlements

  • NO Insurance Surcharge

  • No Licensing, Escrow or Bobtail Deductions for the First 60 days

Driver Qualifications

  • Minimum Age:  22 years

  • Commercial Drivers License (CDL):  Must possess a valid/current commercial drivers license issued by the state in which the driver resides.  The CDL must be of the type and class of vehicle to be operated and include all appropriate endorsements.

  • Medical Certification:  Must possess a valid/current verifiable medical certificate and long form physical examination with a minimum of six (6) months remaining prior to expiration.

  • Driving Experience:  Must have one (1) year verifiable experience in the type and class of vehicle to be operated.  This experience must be commercial experience accrued while in possession of a valid commercial drivers license (CDL).

  • Accidents:  No more than two (2) preventable accidents within the previous three (3) years.  One serious accident may disqualify the driver based upon the nature of the violation and the overall circumstances of the event.

  • Drug and / or Alcohol Testing:  No positive DOT drug and / or alcohol test or refusal to test as identified in FMCSR part 382.

  • Driving Under the Influence / Reckless Driving:  No conviction for driving under the influence of drugs and / or alcohol while operating a commercial motor vehicle, regardless of the date of the conviction.  No conviction for driving un the influence of alcohol while operating a private vehicle within the previous five (5) years.  No conviction for reckless driving within the previous five (5) years.

  • Regulatory Compliance:  Must be in compliance with Title 49 FMCSR and all federal, state and local rules and regulations.

  • Criminal Convictions:  The following are disqualifying criminal offenses...

          1.  Any criminal conviction involving a commercial motor vehicle.
          2.  Any felony conviction within the previous seven (7) years
          3.  Any conviction within the previous seven (7) years involving theft, fraud, dishonesty, or drugs.

Driver and owner operator applicants will be reviewed, approved and disqualified based on an overall evaluation of their qualifications, experience, investigative information and safety based performance.  Final approval related to qualifying, hiring, leasing, disqualifying, terminating or de-leasing any applicant or driver will be a the sole discretion of Pacer Transport Management.

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 Required Leasing Documents
  • See list below for document needed to lease on tractor and / or trailer

Sponsored Programs

  • Licensing - See Page 4
  • Cargo Liability - No Cost ($1,000 deductible)
  • General Liability - No Cost ($1,000 deductible)

Required Programs

  • Bobtail Insurance - $15 per week ($1,000 deductible)
  • Semi-Annual Vehicle Inspection - Company pays for one per year
  • Escrow Account - $500.00 (Owner Operator's Trailer)
          Choice of Deduction: $25.00 per load or $50.00 per week
          $1,000.00 (Pacer Rental Trailer)
          Choice of Deduction:  $35.00 per load or $75.00 per week
  • Occupational Accident Insurance - (effective June 01, 2006)
          Deducted Weekly
          $180.00 per month ($41.54 per Week) US Coverage
          $146.88 (Canadian dollars) per month ($28.50 per week) Canadian Coverage
          $1,000,000.00 coverage
  • In Truck Communications
          Cell Phone (yours or our optional plan).
  • Canadian Drivers Doing Automotive Runs
          Must be Fast Card Approved and a Copy Faxed to Safety Department
          Pacer Will Order Transponder for Owner ($100.00 Deduction)
          Annual Decal No Longer Needed
  • Physical Damage Insurance - $.37 cents per $100.00 of Value per Month
          Deducted Weekly
          Supplemental Coverage Options:
            Option A:
                              1. Down Time/Rental - $5,000 (7 day waiting period)
                              2.  Tarps, chains and binders - $5,000 / $100 deductible
                              3.  Personal Property of Driver/Owner - $5000 / $250 deductible
                              4.  Electronic Equipment - $5000 / $250 deductible
                              5.  Single Deductible - $1000
                              6.  Diminishing Deductible - Reduces 25% each year with no
                                   reportable claim incidents

                                   Premium $14.25 per tractor per month / $4.75 per trailer per month

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 Optional Programs - Supplemental Coverage Options Cont.

                     Option B - Deductible Buyback Option - Cargo, Third Party PD and Damage
                                      Deductible / $100 if this coverage is elected,
                                       1.  Aggregate Limit - $2,000
                                       2.  Cargo Reimbursement - $1,000
                                       3.  Third Party PD Reimbursement - $1,000
                                            Premium - $16.15 per tractor per month

  • Trip Pak - $5.00 per Week
  • Cell Phone Plan - (Nextel/Sprint)
         Cell Phone Service Plan $160.00 Monthly
         $40.00 per Week
         Unlimited Minute Cell Phone Service Plan per Month
  • Tire Purchasing Program
  • Fuel Discount Program

  • Alternative Medical Plan through AIG Insurance Company

  • Rental Trailer Program - Van, Flatbed, Stepdeck and Multi-Axle Trailers Available

Comdata

  • 30% of Revenue Advance ($1,000 maximum per load)
  • Comdata Card Fees
          $3.00 per Advance or Settlement
          2 Free Draws After Each Card Load - $1.00 each Additional Draw
          ATM Access - includes ATM fee plus $3.00 Transaction Fee
          $.55 Cent Charge When Checking Balance From a Pay Phone

Settlements

  • Settlement Paid Daily With:
          Bill of Lading
          Signed Delivery Receipt
          Completed Mileage Report
          Original Fuel Tickets - In Pacer's Name
          Daily Logs

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Driver Application Page 4

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Pacer Transport 2006/2007 Base Plate Option

Transcon Fleet - Illinois IRP Base Plate - 48 States

  1st Qtr
04/01/06		 2nd Qtr
0701/06		 3rd Qtr
10/01/06		 4th Qtr
01/01/07

GVW-lbs.

        

80,000

 $1800.00 $1550.00 $1150.00 $750.00

54,900

 $1600.00 $1400.00 $1050.00 $950.00
         

No Deposit




 

   Choice of Deduction:
  • $50.00 per Load
  • $75.00 per Week

** The price mentioned above does not include the 48 State Permit Package

  • 48 State Permit Package - $50.00 (Single State Registration)

*All trucks leased on with Pacer must have permits for all 48 states. These Permits may be purchased through Pacer.

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EQUIPMENT
SIGN-ON REQUIREMENTS

""The following documents need to be returned in order to lease on you tractor and/or trailer in a timely manner.  Initial each section to show which documents are being sent.  If the section does not apply to you, put N/A for not applicable.

NAME:  ___________________________________________________
FAX # ____________________________________________________
PHONE #: _________________________________________________

_______1. TRACTOR TITLE                                                             
_______2. TRACTOR BILL OF SALE                                               
_______3. STAMPED 2290 HIGHWAY USE TAX                               
_______4. BRAND NEW ANNUAL TRACTOR INSPECTION               
_______6. TRACTOR REGISTRATION                                             
_______7. BRAND NEW ANNUAL TRAILER INSPECTION                
_______8. LEASE AGREEMENT OR POWER OF ATTORNEY           

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PAPERWORK NEEDED TO LEASE ON A
TRACTOR/TRAILER

TRACTOR PAPERWORK (GETTING OUR PLATES):

  1. Copy of the Title (or title application no older than 6 months old).  If the title is in another person's name we will need that person to fill out a Power of Attorney and Release of Revenue which will no be notarized (we have those forms here).  If the tractor is being lease from another company or individual than we will need a copy of the lease agreement between the two parties.

  2. Bill of Sale (if there is not one we have a form that can be faxed to you)

  3. Current 2290 stamped with date paid and showing vin number.

  4. Annual DOT Inspection done at a TA, Petro or new truck dealership.  If the owner operator cannot afford to get a new one we ill put the cost on our account.  Pacer will pay for one inspection every year.  (Inspections are required every 6 months).

TRAILER PAPERWORK (USING THEIR OWN PLATES)

  1. Current registration
    Copy of the Title (or title application no older than 6 months old).  If the title is in another person's name we will need that person to fill out a Power of Attorney and Release of Revenue which will no be notarized (we have those forms here).  If the tractor is being lease from another company or individual than we will need a copy of the lease agreement between the two parties.
  2. Annual DOT Inspection done at a TA, Petro or new truck dealership.  If the owner operator cannot afford to get a new one we ill put the cost on our account.  Pacer will pay for one inspection every year.  (Inspections are required every 6 months).

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TRAILER PAPERWORK (GETTING OUR PLATES):
**The only way we can get Illinois plates for a trailer is if the trailer is already titled in Illinois.
If it is titled in another state then we will need the original title sent to us to title it in Illinois.

With an existing Illinois title:

  1. Copy of title (or title application no older than 6 months old).
    If the title is in another person's name we will need that person to fill out a Power of Attorney and Release of Revenue which will need to be notarize (we have those forms here).  If the tractor is being leased from another company or individual than we will need a copy of the lease agreement between the two parties.

  2. Bill of Sale

  3. Annual DOT Inspection done at a TA, Petro or new truck dealership
    If the owner operator cannot afford to get a new one we will put the cost on our account.  Pacer will pay for one inspection every year.  (Inspections are required every 6 months).

When needing us to do the title work to change it to an Illinois title:

  1. Original title in your name or the MSO showing that it was signed over to you.
    (Illinois will not except a photocopy).

  2. Bill of Sale

  3. Annual DOT Inspection done at a TA, Petro or new truck dealership
    If the owner operator cannot afford to get a new one we will put the cost on our account.  Pacer will pay for one inspection every year.  (Inspections are required every 6 months).

TRAILER PAPERWORK (USING THEIR OWN PLATES):

  1. Current registration

  2. If the registration is in another person's name we will need that person to fill out a Power of Attorney and Release of Revenue which will need to be notarized (we have those forms here).
    If the tractor is being leased from another company or individual we will need a copy of the  lease agreement between the two parties.

  3. Annual DOT Inspection done at a TA, Petro or new truck dealership
    If the owner operator cannot afford to get a new one we will put the cost on our account.  Pacer will pay for one inspection every year.  (Inspections are required every 6 months).

**If the owner operator does not own their own trailer, he/she can contact Fleet Services and talk to a representative regarding trailer rentals.


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Minimum Driver Qualifications

  • Minimum Age:  22 years

  • Commercial Drivers License (CDL):  Must possess a valid/current commercial drivers license issued by the state in which the driver resides.  The CDL must be of the type and class of vehicle to be operated and include all appropriate endorsements.

  • Medical Certification:  Must possess a valid/current verifiable medical certificate and long form physical examination with a minimum of six (6) months remaining prior to expiration.

  • Driving Experience:  Must have one (1) year verifiable experience in the type and class of vehicle to be operated.  This experience must be commercial experience accrued while in possession of a valid commercial drivers license (CDL).

  • Accidents:  No more than two (2) preventable accidents within the previous three (3) years.  One serious accident may disqualify the driver based upon the nature of the violation and the overall circumstances of the event.

  • Drug and / or Alcohol Testing:  No positive DOT drug and / or alcohol test or refusal to test as identified in FMCSR part 382.

  • Driving Under the Influence / Reckless Driving:  No conviction for driving under the influence of drugs and / or alcohol while operating a commercial motor vehicle, regardless of the date of the conviction.  No conviction for driving un the influence of alcohol while operating a private vehicle within the previous five (5) years.  No conviction for reckless driving within the previous five (5) years.

  • Regulatory Compliance:  Must be in compliance with Title 49 FMCSR and all federal, state and local rules and regulations.

  • Criminal Convictions:  The following are disqualifying criminal offenses...

          1.  Any criminal conviction involving a commercial motor vehicle.
          2.  Any felony conviction within the previous seven (7) years
          3.  Any conviction within the previous seven (7) years involving theft, fraud, dishonesty, or drugs.

Driver and owner operator applicants will be reviewed, approved and disqualified based on an overall evaluation of their qualifications, experience, investigative information and safety based performance.  Final approval related to qualifying, hiring, leasing, disqualifying, terminating or de-leasing any applicant or driver will be a the sole discretion of Pacer Transport Management.

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DRIVER
SIGN-ON REQUIREMENTS

""The following documents need to be returned in order to process your file in a timely manner.  Initial each section to show which documents are being sent.  If the section does not apply to you, put N/A for not applicable.

NAME:  ___________________________________________________
FAX # ____________________________________________________
PHONE #: _________________________________________________

_______1. APPLICATION
                 Note: Application must have past employment, phone numbers, and dates.
                 Applications will not be processed if information requested is not complete.

_______2. COPY OF CDL
_______3. COPY OF SOCIAL SECURITY CARD
_______4. COPY OF PHYSICAL
_______6. ROAD TEST CERTIFICATE OR EQUIVALENT
_______7. RELEASE AND DISCLOSURES

Toll Free Fox # for Applications:  888.522.6186

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CONTRACTOR / DRIVER SIGN-ON INSTRUCTIONS

Listed below are instructions for each form.  Once forms are complete please fax to the Safety Department 972-228-5464.  Please note; all drivers must understand the paperwork and meet DOT and company requirements.

Minimum Driver Qualifications
All drivers must meet these minimum standards.

Driver Sign-on Requirements from F-S-60
Qualification checklist.  All items on this form must be completed for qualification Procedures.

Application form F-S-20#2
All information requested on this application must be clearly printed by the applicant.  All information must be true and correct.  Incomplete or missing information may result in a delay in the qualification process.

  • Above section 1
    Enter date of application.  Indicate owner or driver with X in appropriate box.  If referred, enter referral name.

  • Section 2
    Applicant information.  Enter previous addresses for last five years, education history and emergency contact.

  • Section 3
    Motor Vehicle Accident / Traffic Violations - List and and all accidents and violations that were received for the previous three years.

  • Section 4
    Contract / Employment Record - Enter information requested for employer's worked for or leased to within the previous ten (10) years.  Indicate authorization to contact current employer.  Every box and line needs to be filled in completely.  The month and year is needed along with names, addresses, phone numbers, and all contact information.  List the type of equipment, type of trailing equipment, reason for leaving, and the number of months or years with the company.  The page containing the Contact / Employment Record can be copied as necessary to accommodate all of the previous 10 years of employment information.  Incomplete or missing information may result in a delay in the qualification process.

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CONTRACTOR / DRIVER SIGN-ON INSTRUCTIONS (continued)

  • Section 5
    Applicant Notice and Release.  Must be signed and dated by the applicant.

Driver Program Participation form F-S-21#2
This form is sent for verification of previous drug and alcohol program participation.
Must be signed by the applicant in Section No 3 Only.

USIS
Part 1 DOT Drug and Alcohol Release
Part 2 Consumer Report Disclosures and Release
Must be signed by the applicant in PART 1 and PART II

Occupational Accident Insurance Authorization form F-S-30 (3 pages)
If applied for all three pages must be completed.  If declined first page must be signed in the appropriate location.

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APPLICANT NOTICE AND RELEASE

PART 1 - NOTICE TO APPLICANT

In accordance with FMCSR 391.21(d), as an applicant, you are afforded the following rights regarding investigation information that will be requested and provided by your previous employer.  These rights are stated below and by signing this document you are confirming receipt and understanding of these rights, per 391.23(1).

(I)(1)(I) The right to review information provided by previous employer.

(I)(1)(II) The right to have errors in the information corrected by the previous employer and for that previous employer to re-send the corrected information to the prospective motor carrier.

(I)(1)(III) The right to have a rebuttal statement attached to the alleged erroneous information, if the previous employer and the driver cannot agree on the accuracy of the information.

(I)(2) Drivers who have previous Department Transportation regulated employment history in the preceding three years, and wish to review previous employer provided investigation information must submit a written request to the prospective motor carrier, which may be done at any time, including when applying, or as late as 30 days after being employed or being notified of denial of qualification.  The prospective motor carrier must provide this information to the applicant within (5) business days of receiving the written request.  If the prospective motor carrier has not yet receive the requested information from the previous employer(s), then the five-business deadling will begin when the prospective motor carrier receives the request safety performance history information.  If the driver has not arranged to pick up or receive the request records within thirty (30)  days of the prospective motor carrier making them available, the prospective motor carrier may consider the driver to have waived his/her request to review the records.

PART 2 - DOT DRUG AND ALCOHOL RELEASE

I authorize, per 49 CFR Part 40, the release of Information from my DOT requested drug and alcohol testing records by the carriers (company/school) identified in section three (3) of the Contractor Driver Application to USIS for the sole purpose of transmitting such records to the above listed employer.  I authorize release of the following information concerning DOT drug and alcohol testing violations including pre-employment tests during the past three years: (1) alcohol tests with a result of 0.04 or higher, (II) verified positive drug tests, (III) refusals to be tested (Including verified adulterated or submitted results); (iv) other violations of DOT Drug and alcohol testing regulations; (v) information obtained from previous employers of a drug and alcohol rule violation(s); and (vi) document, if any, of completion of a return-to-duty process following a rule violation.

The Information that I have authorized USIS to review test required by DOT.  If any carrier (company/school) identified in section three (3) of the Contractor Driver Application furnishes USIS with information concerning items (I) through (vi) above, I also authorize that carrier (company/school) to release and furnish the dates of my negative drug and/or alcohol tests and/or test with results below 0.04 during the three year period and the name and phone number of any substance abuse professional who evaluated me during the past three years.

PART 3 - CONTRACTOR/DRIVER URINALYSIS AND RELEASE OF CONTROLLED SUBSTANCE TESTING RECORDS - CONSENT AUTHORIZATION

I under stand that as required by the Federal Motor Carrier Safety Regulations, Title 49 United States Code of Federal Regulations and Company policy, all prospective drivers must submit to a controlled substance test.  A urine sample will be collected and tested for controlled substances.

Consistent with DOT regulations, in the event I am involved in a "recordable accident" and am not physically able to provide a specimen for a post-accident controlled substance test, I hereby authorize the Company's Medical Review Officer to obtain any and all necessary medical records for the sole purpose of determining the presence of controlled substances.

I also understand that if I test positive for use of controlled substance, I am not medically qualified to operate a commercial motor vehicle.

The results of the drug test will be maintained by the Medical Review Officer for the company who will report whether the test results were negative or positive to Pacer.  The results will not be released to any additional parties without my written authorization.

PART 4 - RELEASE OF MEDICAL RECORDS - CONSENT AUTHORIZATION

I hereby authorize the release of pertinent medical information on myself for the purpose of verification of my DOT medical certification.

This certifies that my signature below hereby confirms that the information provided is true and correct to the best of my knowledge, and authorize Pacer Transport to make such Investigations of my personal, employment, financial or medical history, to include but not limited to part(s) 1 - 4, referenced above, as may be necessary to determine if I am eligible to be qualified to operate equipment leased to Pacer Transport.  I hereby release employers, persons or agencies form all liability in responding to inquires relevant to this information.

______________________________________________________
                                Applicant's Printed Name

_X____________________________________________________                             _____________
                                    Applicant's Signature                                                              Date

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PART II - CONSUMER REPORT AND INVESTIGATIVE CONSUMER REPORT DISCLOSURE
(FOR EMPLOYMENT PURPOSES)

In connection with your employment or application for employment (including contract for services) and in accordance with applicable laws, USIS may obtain or assemble consumer reports and/or investigative consumer reports (collectively, "Reports") which may include information about you related to previous employment (including employers, dates of employment, salary information, reasons for termination, etc.), accident history, academic history, verification of references and other information supplied by applicant, professional credentials, drug/alcohol use in violation of law and/or company policy, driving record, workers' compensation claims, credit history, creditworthiness, credit capacity, bankruptcy filings, criminal history records, information about your character, general reputation, personal characteristics and mode of living (collectively, "information".  Information may be obtained from government agencies, educational institutions, USIS clients, personal references, personal interviews and other information suppliers (collectively, "Suppliers").

Upon providing proper identification and complying with any applicable legal requirements, you have the right to request the nature and substance of all information in USIS's files pertaining to you at the time of your request, including but not limited to: (i) whether any Reports have been provided by USIS to other parties; (II) identification of any Suppliers utilized by USIS in compiling such Reports and (iii) identification of any recipients of Reports furnished by USIS within the two (2) year period preceding your request.  USIS may be contacted by mail at P.O. Box 33181, Tulsa, Oklahoma, 71453, or by phone at (800) 381-0645

Check this box if you are applying for employment in California and/or are a California resident and in either case, you wish to receive a copy of your credit report or investigative consumer report if one is obtained or assembled by USIS.  Pursuant to the California Civil Code, you may view the file maintained on you by USIS during normal business hours.  You may also obtain a copy of this file by submitting proper identification and paying applicable cost for such file, if required by law, by contacting USIS in person or by mail.  USIS is required to have personnel available to explain your file to you and must explain to you any coded information appearing in your file.  If you appear in person, a person of your choice may accompany you, provide that this person furnishes proper identification.

   Check this box if you are applying for employment in Oklahoma and/or are an Oklahoma resident and, in either case, you wish to receive a copy of your consumer report if one is obtained or assembled by USIS.

   Check this box if you are applying for employment in Minnesota and/or you are a Minnesota resident and, in either case, you wish to receive a copy of your consumer report if one is obtained or assembled by USIS.

PART II - AUTHORIZATION FOR RELEASE OF INFORMATION
(FOR EMPLOYMENT PURPOSES)

I hereby authorize USIS to receive information and disclose such information to its customers for the purpose of making a determination as to my eligibility for employment, promotion, retention or other lawful purpose.  If hired or contracted, I authorize USIS and the USIS costomer named above ("Customer") to retain this document on file to act as ongoing authorization for the procurement and possession of Reports at any time during my employment or contract period.  I fully release USIS and Suppliers from all claims of damages related to the investigation of my background and provision of information as set forth in this disclosure and authorization.  I agree that information in USIS's possession and my employment history with Customer if I am hired, may b supplied by USIS to other USIS costomers for legally permissible purposes; provided, such informatio will not include the Drug and Alcohol information set forth in Part I above, unless I have given a separate specific consent for USIS to share such information.

By signing below, I certify that: (I) all information provided herein is complete and accurate, (II) I have read and fully understand this Part II disclosure and authorization for release; (III) prior to signing I was given an opportunity to ask questions and to have those question answered to my satisfaction; (iv) I execute this authorization voluntarily and with the knowledge that the information obtained pursuant to this authorization could affect my eligibility for employment, promotion, retention or other lawful purpose; (v) I understand I may review this document with legal counsel prior to signing; (vi) I authorize USIS and any person or entity contacted by USIS to furnish the above mentioned information; and (vii) facsimile or photographic copies of this authorization are as valid as an original.

NOTE - THIS AUTHORIZATION DOES NOT APPLY TO DUG & ALCOHOL INFO, ADDRESSED IN PART I

Print Applicant Name: __________________________________ Social Security #: ____________________

Applicant Signature: _____________________ ______________ Date: _______________________

DOT Drug/Alcohol Disclosure/Authorization       Page 2 of 2                                                           2/06
Trucking Industry - Employment Purpose

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Occupational Accident Insurance Authorization

I _________________________________________
                     Independent Contractor

Apply and request coverage under the provisions of the Occupational Accident Insurance Plan being offered;  I hereby authorize Pacer Transport to make monthly settlements deductions for the applicable monthly premiums.  (Submit with complete insurance form attached).

Fleet Owner ___________________________

Driver - $41.54 per week (Effective June 1, 2006)

Date: ____________________________

Signature: _________________________________

Drivers Name: ____________________________________

Drivers Social Security Number: ______________________________

Drivers Unit Number: __________________

Address: ___________________________________________________

City, State, and Zip Code: ____________________________________

 

Decline coverage and participation in the Occupational Accident Insurance Plan offered.  You must attach a copy of our current worker's compensation policy or your OCAC policy that meets or exceed our minimum coverate requrirments.

Date: _____________________________________

Signature:  ______________________________________

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TERMS & CONDITIONS OF UTICA MEMBERSHIP

  1. United Truckers & Independent Contractors Association, Inc. is a Texas corporation doing business as "UTICA", formed to offer discounted products and services to eligible members.  These Terms and Conditions govern membership in UTICA.
     

  2. Membership in UTICA is available to the individual applicant only.  Membership in UTICA is nontransferable and may not be transferred or conveyed to anyone.
     

  3. Each UTICA membership is subject to termination at any time.  In such event, the only obligation of UTICA shall be to honor its commitment to each member for the remaining portion of that member's current membership term.  Membership continues on a month-to-month basis provided the required membership fee is timely paid.
     

  4. UTICA membership may be terminated by UTICA, without further obligation, if a member fails to comply with the Terms and Conditions, if a member fails to comply with these Terms and Conditions or the Terms and Conditions of any products or services acquired
     

  5. UTICA is bound only by representations that it makes in writing concerning the Terms and Conditions of UTICA membership, and is not responsible for or bound by contrary or conflicting representations made orally, in writing or otherwise by any other person or organization.
     

  6. Member acknowledges that UTICA simply  provides access to certain discounted pricing for products and services negotiated with existing third party providers.  UTICA is not a merchant, manufacturer or direct provide of the products or services of which UTICA members may receive discounts.  UTICA gives no warranty, express or implied, as to the description, quality, merchantability, fitness for any particular purpose, productiveness or any other matter for any of the products or services purchased by a Member through his UTICA membership.  Each Member acknowledges that he has full responsibility for the choice of any product or service you acquire as an UTICA member and that no member is relying on our skill or judgment from selecting the products or services available.  All products or services acquired by members are subject to availability and may be changed or discontinued from time to time as determined by the provider of such products or services.
     

  7. Each member is responsible for confirming the continued availability of any discount for specified products or services acquired through the UTICA Membership.  UTICA does not administer claims for discounts or disputes between members and any third party provider.  UTICA has no liability if any product or service is discontinued by any third party provider.  A third party provider of products and services may discontinue providing the products and services at any time.
     

  8. Members are responsible for the payment of any applicable fees or charges associated with any of the products or services acquired through their UTICA Membership.  IN NO EVENT SHALL UTICA HAVE ANY LIABILITY IF ANY PRODUCT OR SERVICE BECOMES UNAVAILABLE FOR ANY REASON OR FOR ANY INJURIES, LOSSES, DAMAGES OR CLAIMS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT OR SERVICE ACQUIRED BY A MEMBER THROUGH HIS/HER MEMBERSHIP.
     

  9. Products and services offered to members by third parties through UTICA or with the permission of UTICA are subject to separate terms and conditions and may be changed or eliminated without prior notice to members.  These Terms and Conditions are separate and distinct from any terms and conditions associated with such products or services.  UTICA accepts no responsibility for the acts or omissions of any third parties providing such products or services directly to members.
     

  10. These Terms and Conditions and the terms and conditions of any products or services, may be changed from time to time by UTICA or the provider.

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  11. Member acknowledges and agrees that UTICA may provide information on its members, including addresses and telephone numbers, to third parties who may solicit the sale of various benefits, products and services, and the member authorizes UTICA to provide such information to third parties.
     

  12. These Terms and Conditions shall be governed exclusively by the laws of the State of Texas.  Any action at law or in equity by a member related to this UTICA membership, to challenge or enforce the Terms and Conditions of UTICA Membership or concerning any product or service acquired through his UTICA membership must be submitted exclusively to the jurisdiction of the courts of Dallas County, Texas (USA).  By the execution of this Membership Enrollment Form, each member consents to the personal jurisdiction and venue of these courts.  In the event as action at law or inequity is initiated by a member and UTICA prevails, the member shall pay all court costs incurred by UTICA in defending such action, including reasonable attorney's fees.

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1229 E. Pleasant Run Rd
DeSoto, Texas 75115
800.527.3199
E-Mail: info@pacerdriver.com