Excel Screen LLC
Designated Employer Representative (DER) Training Course
These Terms and Conditions (the “Terms”) form a binding agreement between you and Excel Screen LLC. Please read them carefully before enrolling. Section 6 states that all sales are final and that the enrollment fee is non-refundable. Section 10 explains that this course is not approved or endorsed by any government agency. Section 20 requires most disputes to be resolved by individual arbitration and waives your right to a jury trial and to participate in a class action.
Excel Screen LLC (“Excel Screen,” “we,” “us,” or “our”) operates the website located at excelscreentraining.com and the online Designated Employer Representative training program offered through it. By creating an account, purchasing enrollment, accessing any course material, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference.
If you do not agree to these Terms, do not create an account, purchase enrollment, or use the Platform. If you are entering into these Terms on behalf of an employer, motor carrier, or other organization, you represent that you have authority to bind that organization, and “you” refers to both you individually and that organization.
You must be at least 18 years old and capable of forming a binding contract to use the Platform. The Platform is intended for use within the United States and is directed at persons responsible for, or seeking training in, U.S. Department of Transportation drug and alcohol testing program administration. We make no representation that the Platform or the Course is appropriate or available for use outside the United States. You are responsible for compliance with any local laws that apply to you.
You represent that all information you provide during registration and enrollment — including the name you want printed on your Certificate — is accurate, current, and complete.
Some features require you to create an account or sign in with a third-party identity provider such as Google. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Accounts are personal to a single individual and may not be shared, transferred, resold, or used by more than one person.
Notify us promptly at support@xcelscreen.com if you believe your account has been accessed without your authorization. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.
Access to the Course requires payment of the Enrollment Fee in full. The Enrollment Fee is a one-time charge; the Course is not a subscription, and we do not bill you on a recurring basis for Course access unless you separately and expressly enroll in a recurring product.
The Enrollment Fee in effect at the time of your purchase is the price displayed on the Platform at checkout. We may change our pricing, introduce new products, or run promotional pricing at any time; a change in price does not affect enrollments already purchased, and a later promotional price does not entitle you to a credit or refund on a prior purchase.
Payments are processed by a third-party payment processor. We do not receive or store your full payment card number. You represent that you are authorized to use the payment method you submit, and you authorize us and our processor to charge that method the Enrollment Fee plus any applicable taxes. Prices are stated in U.S. dollars and, unless stated otherwise, do not include sales, use, or similar taxes, which we may collect where required by law.
If a payment is reversed, disputed, or fails after Course access has been granted, we may suspend or terminate your access and withhold or invalidate any Certificate issued to you until the amount owed is paid in full.
Please read before purchasing
ALL SALES ARE FINAL. THE ENROLLMENT FEE IS NON-REFUNDABLE. The Course is a digital product delivered immediately upon purchase. Because you receive full and instant access to the entire Course at the moment your payment is processed, we do not offer refunds, credits, exchanges, or cancellations — including where you do not begin the Course, do not finish the Course, change your mind, are no longer employed in a role requiring DER training, purchased by mistake, or determine after purchase that the Course does not meet your needs or your employer's requirements.
By completing your purchase, you expressly request immediate access to the Course and acknowledge that you are waiving any cancellation or cooling-off right that might otherwise apply to a digital product once delivery has begun, to the fullest extent permitted by law.
Notwithstanding the above, we will review and, where we confirm the circumstances, remedy the following at our sole discretion:
To request review under this section, email support@xcelscreen.com within thirty (30) days of the charge with your name, the email address on the account, and the date and amount of the transaction. Nothing in this section limits any non-waivable right you may have under applicable consumer protection law.
If you initiate a chargeback or payment dispute instead of contacting us first, we may suspend your account and revoke any Certificate issued to you pending resolution. We ask that you contact us at support@xcelscreen.com before disputing a charge so we can address the issue directly.
Following successful payment, we grant you access to the Course for your own individual, non-commercial training use. The Course is self-paced and includes access to updates we publish to the Course for so long as we continue to offer it. References to “lifetime access” mean the operational lifetime of the Course as offered by Excel Screen; they do not create a guarantee that the Course, the Platform, or any particular feature will remain available indefinitely.
We may modify, update, reorganize, add to, or remove Course material at any time — including to reflect changes in federal regulation — and we may discontinue the Course or the Platform entirely. If we permanently discontinue the Course, we will make reasonable efforts to give enrolled users advance notice and an opportunity to download their Certificate and any downloadable materials.
You are responsible for the device, software, and internet connection needed to access the Course. We do not guarantee uninterrupted or error-free availability, and we may take the Platform offline for maintenance, upgrades, or security.
A Certificate is issued when you complete the Course requirements as presented on the Platform. The Certificate is dated and personalized using the information in your account, and it records that you completed this training on that date. It is your responsibility to confirm that your name is spelled correctly before downloading; we will correct a Certificate on request where the underlying account information was entered in error.
What the Certificate is — and is not
The Certificate is evidence that you completed an Excel Screen training course. It is not a license, credential, accreditation, government certification, or qualification issued or recognized by any federal or state agency, and it does not by itself establish that you, your employer, or your drug and alcohol testing program is in compliance with any regulation. Whether the training satisfies a particular requirement or an auditor's expectations is determined by the applicable regulator and by your employer's own policies.
We may decline to issue, or may revoke, a Certificate obtained through fraud, credential sharing, circumvention of Course progress tracking, or any other violation of these Terms. We may retain records of enrollment and completion as described in our Privacy Policy, and we may verify a Certificate's authenticity on request from you or, with your authorization, from your employer.
If you purchase enrollments for employees or other individuals, each enrollment entitles exactly one named individual to access the Course. You may not distribute a single set of credentials among multiple people, and Certificates are issued only in the name of the individual who completed the Course. You are responsible for the acts and omissions of the individuals you enroll and for ensuring you have their permission to provide us with their name and email address. Section 6 applies to bulk purchases: unused enrollments are non-refundable, though we may, at our discretion, permit an unused, unstarted enrollment to be reassigned to a different individual on request.
Important regulatory notice
Excel Screen LLC is a private company. We are not affiliated with, endorsed by, sponsored by, approved by, accredited by, or acting on behalf of the United States Department of Transportation (DOT), the Federal Motor Carrier Safety Administration (FMCSA), the Office of Drug and Alcohol Policy and Compliance, the FMCSA Drug & Alcohol Clearinghouse, or any other federal, state, or local government agency. No government agency certifies, approves, licenses, or endorses DER training providers or their materials, and no statement on the Platform should be read to claim otherwise.
The Course is designed to align with the requirements described in 49 C.F.R. Part 40 and 49 C.F.R. Part 382 as we understand them on the date the material is published. Federal regulations, agency interpretations, and Clearinghouse procedures change. We make reasonable efforts to keep the Course current, but we do not warrant that the Course reflects the most recent amendments at any given moment, and we do not warrant that it addresses every requirement applicable to your specific operation, mode of transportation, or state.
Descriptions such as “DOT-compliant,” “FMCSA-aligned,” or similar phrasing on the Platform refer to the subject matter the Course covers. They are not a representation that the Course has been reviewed or approved by any agency, and they are not a guarantee of any audit, inspection, investigation, or enforcement outcome.
You and your employer remain solely responsible for compliance. Designating a DER, training that person, administering a drug and alcohol testing program, maintaining records, and meeting Clearinghouse obligations are the employer's legal responsibilities. Completing the Course does not transfer any of those responsibilities to Excel Screen.
The Course and all Content are provided for general educational and informational purposes only. They do not constitute legal advice, regulatory advice, medical advice, or any other professional advice, and no attorney-client or other professional relationship is created by your use of the Platform, by your communications with us, or by your enrollment. Regulatory requirements depend on facts specific to each employer. You should consult qualified counsel or a compliance professional, and consult the primary regulatory text and official agency guidance, before making decisions about your testing program.
You agree not to, and not to permit any other person to:
All Content — including course text, video, audio, images, slides, assessments, downloadable materials, page layouts, the Excel Screen name and logo, and all associated trademarks and trade dress — is owned by Excel Screen LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. References to federal regulations, agency publications, and other government works remain the property of their respective sources and are used for educational purposes.
Subject to your compliance with these Terms and your payment of the Enrollment Fee, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Course for your own training and to retain your Certificate. All rights not expressly granted are reserved. This license terminates automatically if you violate these Terms.
If you send us suggestions, ideas, testimonials, or other feedback about the Platform or the Course, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate that feedback for any purpose without obligation or compensation to you. Do not send us confidential information you do not want us to use in this way.
The Platform relies on third-party services, including identity providers (such as Google Sign-In), payment processors, hosting providers, and email delivery services. Your use of those services is governed by their own terms and privacy policies. The Platform may also link to third-party websites, including federal agency websites; we provide those links for convenience and are not responsible for the content, accuracy, or availability of any third-party site.
Our collection and use of personal information is described in our Privacy Policy, available at excelscreentraining.com/privacy. By using the Platform you consent to those practices. If there is a conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy controls.
We may suspend or terminate your account and access to the Course, with or without notice, if we reasonably believe you have violated these Terms, if your payment is reversed or disputed, if required by law, or if we discontinue the Platform. You may stop using the Platform at any time; because the Enrollment Fee is non-refundable, terminating your own account does not entitle you to a refund.
Upon termination, your license under Section 13 ends immediately and you must stop using the Content. Sections 6, 8, 10, 11, 13, 14, 18, 19, 20, and 23 survive termination.
THE PLATFORM, THE COURSE, THE CERTIFICATE, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEL SCREEN LLC DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE; THAT THE PLATFORM WILL BE UNINTERRUPTED OR SECURE; THAT THE COURSE WILL SATISFY ANY PARTICULAR REGULATORY REQUIREMENT, EMPLOYER POLICY, AUDITOR, OR THIRD PARTY; OR THAT YOUR USE OF THE COURSE WILL PRODUCE ANY PARTICULAR RESULT, INCLUDING ANY OUTCOME IN AN AUDIT, INVESTIGATION, INSPECTION, ENFORCEMENT ACTION, OR LEGAL PROCEEDING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEL SCREEN LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OPERATING AUTHORITY, OR FOR ANY FINE, PENALTY, CIVIL FORFEITURE, OUT-OF-SERVICE ORDER, OR OTHER SANCTION ASSESSED AGAINST YOU OR YOUR EMPLOYER, ARISING OUT OF OR RELATING TO THE PLATFORM, THE COURSE, THE CERTIFICATE, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM, THE COURSE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO EXCEL SCREEN LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or for death or personal injury caused by negligence. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not fully apply to you.
You agree to defend, indemnify, and hold harmless Excel Screen LLC and its owners, officers, employees, contractors, affiliates, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to (a) your violation of these Terms, (b) your misuse of the Platform, the Course, or a Certificate, (c) your violation of any law or the rights of any third party, or (d) any claim that your drug and alcohol testing program failed to comply with applicable regulations.
Before filing any claim, you agree to contact us at support@xcelscreen.com with a written description of the dispute and the relief you seek, and to give us sixty (60) days to resolve it informally. Most issues can be resolved this way.
These Terms and any dispute arising out of them are governed by the laws of the State of Ohio, without regard to its conflict-of-law rules, and by applicable federal law of the United States. Subject to Section 20.3, you and Excel Screen LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in Franklin County, Ohio for any dispute not subject to arbitration.
If informal resolution does not succeed, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, the Course, or a Certificate will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Arbitration will take place in Franklin County, Ohio, or, at your election, by telephone, videoconference, or documents-only submission. The arbitrator's award may be entered in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property rights or to address unauthorized access to the Platform.
YOU AND EXCEL SCREEN LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AND EXCEL SCREEN LLC EACH WAIVE ANY RIGHT TO A JURY TRIAL. IF THIS PARAGRAPH IS FOUND UNENFORCEABLE, THE ENTIRETY OF SECTION 20.3 IS NULL AND VOID.
You may opt out of Sections 20.3 and 20.4 by emailing support@xcelscreen.com with the subject line “Arbitration Opt-Out” within thirty (30) days of your first enrollment, stating your name and the email address on your account. Opting out will not affect any other part of these Terms.
To the extent permitted by law, any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after the claim arose, or it is permanently barred.
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this document and post the current version on the Platform. Material changes will be communicated by email to the address on your account or by a notice on the Platform before they take effect. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. Changes do not apply retroactively to a dispute of which we had notice before the change.
You consent to receive communications from us electronically, including account, transaction, certificate, and legal notices sent to the email address associated with your account or posted on the Platform, and you agree that such electronic communications satisfy any legal requirement that a communication be in writing. You may also receive service-related messages that are not promotional; marketing email, where sent, will include an unsubscribe option. It is your responsibility to keep your email address current. Notices to us must be sent to support@xcelscreen.com.
Entire agreement. These Terms, together with the Privacy Policy and any order confirmation, constitute the entire agreement between you and Excel Screen LLC regarding the Platform and supersede all prior understandings, including any statements made in marketing materials.
Severability. If any provision is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force.
No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including outages of hosting, payment, or network providers, natural disasters, labor disputes, or governmental action.
Relationship of the parties. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between you and Excel Screen LLC.
Affiliation. Excel Screen LLC also operates DOT drug and alcohol testing consortium services at xcelscreen.com. Those services are offered under separate terms; enrollment in the Course does not create, modify, or include any consortium membership, and consortium membership does not include Course enrollment.
Headings. Section headings are for convenience only and do not affect interpretation.
Excel Screen LLC · Terms and Conditions for the DER Training Course · Effective August 24, 2026