Electronic Signature Consent & E-Sign Disclosure
FleetCommand Pro -- DLW Estate Trucking LLC
1 Introduction & Scope
This Electronic Signature Consent and E-Sign Disclosure ("Disclosure") applies to all electronic signatures, electronic records, and electronic communications associated with your use of FleetCommand Pro, a transportation management and logistics platform operated by DLW Estate Trucking LLC ("Company," "we," "us," or "our"), accessible at derricktransport.com.
This Disclosure governs your agreement to conduct business electronically with the Company through the FleetCommand Pro platform. It covers all transactions, agreements, notices, disclosures, and other communications that we provide to you or that you sign, submit, or agree to through the platform in connection with transportation and logistics operations.
The scope of this Disclosure includes, but is not limited to:
- All service agreements and amendments executed through FleetCommand Pro
- Transportation documents including bills of lading, delivery confirmations, and rate confirmations
- Broker-carrier agreements and freight contracts
- Proof of delivery documentation and inspection reports
- Driver logs, electronic logging device (ELD) records, and hours-of-service documentation
- Invoices, payment authorizations, and billing statements
- Work orders, dispatch confirmations, and load assignments
- Account registration, profile updates, and platform settings
- Any notices or disclosures required by federal, state, or local law
By creating an account on FleetCommand Pro, accessing the platform, or using any electronic signature feature within the platform, you acknowledge that you have read, understood, and agree to the terms of this Disclosure.
2 Consent to Electronic Signatures
By using FleetCommand Pro, you affirmatively consent to the use of electronic signatures for all documents and transactions processed through the platform. This consent applies to the following categories of documents:
Service and Contractual Documents
- Service Agreements: Master service agreements, carrier agreements, and any amendments or addenda to those agreements
- Rate Confirmations: Agreed-upon rates for loads, lanes, and contracted services
- Broker-Carrier Agreements: Contracts between freight brokers and carriers facilitated through the platform
- Subcontractor Agreements: Agreements with independent contractors and owner-operators
Transportation and Operations Documents
- Bills of Lading: Shipper-carrier contracts and receipts for goods tendered for transportation
- Delivery Confirmations: Acknowledgment of successful delivery at destination
- Proof of Delivery (POD): Documentation confirming receipt of cargo by consignee
- Cargo Claims: Claims for loss, damage, or delay filed through the platform
- Driver Vehicle Inspection Reports (DVIRs): Pre-trip and post-trip vehicle condition reports
- Inspection Reports: Documentation of cargo and equipment condition
Compliance and Logging Documents
- Driver Logs: Hours-of-service records and duty status changes
- ELD Data Certifications: Driver certification of electronic logging device records
Financial Documents
- Invoices: Billing for transportation services rendered
- Work Orders: Authorized requests for services or repairs
- Payment Authorizations: Approval of charges and payment processing
Your consent means: You agree that your electronic signature on any document processed through FleetCommand Pro carries the same legal weight and enforceability as a signature made with pen on paper. You will not contest the validity of any document solely because it was signed electronically.
3 Federal E-SIGN Act Compliance
FleetCommand Pro operates in compliance with the Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), 15 U.S.C. Sections 7001-7031, enacted June 30, 2000.
Legal Equivalence
Under Section 7001(a) of the E-SIGN Act, a signature, contract, or other record relating to a transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form. This means:
- An electronic signature satisfies any law that requires a signature
- An electronic record satisfies any law that requires a record to be in writing
- A contract formed using electronic signatures and records may not be denied legal effect solely because electronic means were used in its formation
Consumer Consent Requirements
Section 7001(c) of the E-SIGN Act requires that when a federal or state law mandates that information be provided to a consumer in writing, the consumer must consent to receive that information electronically. This Disclosure fulfills that requirement by:
- Informing you of your right to receive records on paper
- Informing you of your right to withdraw consent to electronic delivery
- Describing the procedures for withdrawing consent and updating your contact information
- Specifying the hardware and software requirements for accessing and retaining electronic records
Retention and Accuracy
Per Section 7001(d), if a law requires a record to be retained, that requirement is satisfied by retention of an electronic record that accurately reflects the information in the record and remains accessible for later reference. FleetCommand Pro maintains all electronically signed documents in a format that preserves their content and is accessible to authorized users throughout the retention period.
Exclusions
Section 7003 of the E-SIGN Act excludes certain categories of documents from electronic signature coverage, including wills, codicils, and testamentary trusts; documents governed by the Uniform Commercial Code (other than Sections 1-107 and 1-206, and Articles 2 and 2A); court orders and notices; and cancellation of utility services. None of the documents generated through FleetCommand Pro fall within these exclusions.
4 UETA Compliance
FleetCommand Pro also operates in compliance with the Uniform Electronic Transactions Act ("UETA"), which has been adopted in 49 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. New York is the only state that has not adopted UETA (see Section 5 below for New York-specific provisions).
Core Provisions
Under UETA Section 7:
- A record or signature may not be denied legal effect or enforceability solely because it is in electronic form
- A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation
- If a law requires a record to be in writing, an electronic record satisfies that law
- If a law requires a signature, an electronic signature satisfies that law
Attribution of Electronic Signatures
Under UETA Section 9, an electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including by showing the efficacy of any security procedure applied to determine the person to which the electronic record or signature was attributable. FleetCommand Pro uses Clerk authentication, user session tracking, and audit logging to establish attribution of all electronic signatures.
Effect of Change or Error
UETA Section 10 addresses the legal effect of changes or errors in electronic records. If parties have agreed to use a security procedure to detect changes or errors and one party does not conform to the procedure, the conforming party may avoid the effect of the changed or erroneous record. FleetCommand Pro maintains tamper detection and version history for all signed documents to address this requirement.
Notarization and Acknowledgment
Under UETA Section 11, if a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, that requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the record.
5 New York ESRA
Because New York has not adopted the Uniform Electronic Transactions Act, electronic signatures and records in New York are governed by the New York Electronic Signatures and Records Act ("ESRA"), State Technology Law, Article III, Sections 301-309.
Applicability
ESRA applies to any government entity within New York State and, through its general provisions, provides a framework for electronic signatures in private commercial transactions conducted within or involving New York. Under Section 304 of ESRA:
- An electronic signature may be used by a person in lieu of a signature affixed by hand
- An electronic record may be used by a person in lieu of any information that is required to be in writing
- An electronic signature has the same validity and effect as a handwritten signature
Requirements
ESRA requires that the use of electronic signatures and records must be agreed upon by the parties. Your use of FleetCommand Pro and acceptance of this Disclosure constitutes your agreement to the use of electronic signatures and records in your dealings with the Company, whether or not you are located in New York.
Integrity of Electronic Records
Under Section 305 of ESRA, an electronic record is to be considered the original document if there exists reasonable assurance of the integrity of the record from the time it was first generated in final form. FleetCommand Pro maintains the integrity of all electronic records through immutable audit logs, version control, and cryptographic verification.
6 Transportation-Specific Documents
The transportation and logistics industry operates under specific federal and state regulations governing document requirements. FleetCommand Pro processes several categories of documents that carry particular legal significance in this industry.
Electronic Bills of Lading
Bills of lading created and signed through FleetCommand Pro are valid under UCC Article 7-106 (Electronic Documents of Title). Under Section 7-106:
- A person has control of an electronic document of title if a system employed for evidencing the transfer of interests in the document reliably establishes that person as the person to which the document was issued or transferred
- An electronic document of title has the same legal effect as a tangible (paper) document of title
- A holder of a negotiable electronic document of title has the same rights as a holder of a negotiable tangible document of title
FleetCommand Pro assigns unique identifiers to each electronic bill of lading and maintains a transfer record that satisfies the control requirements of UCC Section 7-106.
Electronic Logging Device (ELD) Records
Electronic logging device data processed through FleetCommand Pro complies with 49 CFR Part 395, which governs hours-of-service recordkeeping for commercial motor vehicle drivers. Under 49 CFR 395.8, motor carriers must require drivers to record their duty status, and electronic records are an accepted format. Driver certifications of ELD data signed electronically through the platform are valid.
Rate Confirmations
Rate confirmations executed through FleetCommand Pro constitute binding agreements between the parties regarding compensation for transportation services. Electronic signatures on rate confirmations carry the same legal force as wet signatures and are enforceable in contract disputes.
Freight Bills and Invoices
Electronic freight bills and invoices generated through FleetCommand Pro satisfy federal and state requirements for commercial documentation. These records serve as primary evidence of amounts owed for transportation services.
Delivery Receipts and Proof of Delivery
Electronically signed delivery receipts and proof of delivery documents are legally valid evidence that a shipment was tendered and received. These documents are admissible in proceedings involving cargo claims, payment disputes, and regulatory compliance matters.
Cargo Claims
Claims for loss, damage, or delay filed electronically through FleetCommand Pro comply with 49 CFR Part 370 (Principles and Practices for the Investigation and Voluntary Disposition of Loss and Damage Claims). Electronic filing and processing of claims satisfies the regulatory framework for claim administration.
Driver Vehicle Inspection Reports (DVIRs)
DVIRs completed and signed electronically through FleetCommand Pro satisfy the requirements of 49 CFR 396.11 and 396.13, which mandate that drivers prepare written reports of vehicle condition at the completion of each day's work and that the motor carrier review and sign off on those reports. The Federal Motor Carrier Safety Administration (FMCSA) has confirmed that electronic DVIRs are acceptable.
7 Types of Electronic Signatures Accepted
FleetCommand Pro accepts the following forms of electronic signature, each of which carries full legal effect under applicable federal and state law:
Click-to-Sign
A button or interface element labeled "Sign," "Accept," "Agree," or similar language that, when clicked, indicates your intent to sign the associated document. Each click-to-sign action is recorded with a timestamp, your authenticated user identity, and your IP address.
Typed Name in Signature Field
A designated field in which you type your full legal name as your signature. Typed signatures are captured along with your authenticated session data, timestamp, and device information to establish attribution.
Checkbox Acknowledgments
A checkbox that, when selected, indicates your agreement to specified terms, conditions, or acknowledgments. Checkbox acknowledgments are used for supplementary consents, policy acceptances, and certification of information accuracy. Each selection is logged.
PIN/Password Authentication via Clerk
Actions taken through your authenticated Clerk session constitute electronic signatures when performed in the context of a signing workflow. Clerk provides secure identity verification through email-based authentication, password credentials, and multi-factor authentication when enabled. Your authenticated identity at the time of signing is recorded as part of the signature audit trail.
Email Confirmations
In certain workflows, the Company may send you an email requesting confirmation of a transaction or agreement. Your reply or click on a confirmation link within such an email constitutes an electronic signature for the referenced transaction. The email address from which you respond must match the email address on file for your FleetCommand Pro account.
All forms of electronic signature accepted by FleetCommand Pro are designed to meet the requirements of the E-SIGN Act (15 U.S.C. 7006(5)), which defines an electronic signature as "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record."
8 Hardware & Software Requirements
To access, review, sign, and retain electronic records and electronic signatures through FleetCommand Pro, you will need the following:
Web Browser
A current, supported version of one of the following browsers:
- Google Chrome (version 90 or later)
- Mozilla Firefox (version 90 or later)
- Apple Safari (version 14 or later)
- Microsoft Edge (version 90 or later)
JavaScript must be enabled. Cookies must be enabled for authentication purposes.
Internet Connection
A stable broadband internet connection sufficient to access web-based applications. A minimum connection speed of 1 Mbps is recommended.
Email Account
A valid, functioning email account that you check regularly. This email address is used for account communications, signature confirmations, and delivery of electronic records.
PDF Reader
Software capable of opening and displaying PDF documents is required for downloading and retaining copies of electronically signed documents. Adobe Acrobat Reader (free) or any equivalent PDF viewer is sufficient.
Storage
A device capable of downloading and storing electronic records in PDF and/or HTML format. You are responsible for maintaining adequate storage capacity to save copies of all documents you sign electronically.
Operating System
Any operating system capable of running one of the supported browsers listed above, including but not limited to Windows 10 or later, macOS 11 (Big Sur) or later, iOS 14 or later, Android 10 or later, Chrome OS, and current Linux distributions.
By consenting to this Disclosure, you confirm that you have access to the hardware and software described above and that you are able to receive, open, and retain electronic records.
9 Right to Paper Records
You have the right to receive a paper copy of any electronically signed document or electronic record associated with your use of FleetCommand Pro.
How to Request Paper Copies
To request a paper copy of any document, send a written request to:
- Email: derrick@derricktransport.com
- Subject Line: "Paper Copy Request"
Your request must include your full name, the account email address associated with your FleetCommand Pro account, and a description of the specific document(s) you are requesting. Include any document reference numbers or dates if available.
Cost
There is no additional fee for requesting paper copies of electronically signed documents. The Company will mail paper copies to the address on file for your account at no charge. If you require delivery to an alternate address, please include the mailing address in your request.
Delivery Timeframe
Paper copies will be mailed within 10 business days of receiving your request. Processing time may vary depending on the volume and complexity of records requested.
Effect on Electronic Consent
Requesting paper copies does not, by itself, constitute a withdrawal of your consent to conduct business electronically. Your consent to electronic signatures and records remains in effect unless you specifically withdraw it as described in Section 10.
10 Right to Withdraw Consent
You may withdraw your consent to use electronic signatures and receive electronic records at any time.
How to Withdraw Consent
To withdraw your consent, send a written notice to:
- Email: derrick@derricktransport.com
- Subject Line: "E-Sign Consent Withdrawal"
Your notice must include your full legal name, the email address associated with your FleetCommand Pro account, and a clear statement that you are withdrawing your consent to use electronic signatures and receive electronic records.
Effect of Withdrawal
Withdrawal of consent does not affect the legal validity or enforceability of any electronic signature, electronic record, or electronic transaction completed before the withdrawal became effective. All documents signed electronically prior to your withdrawal remain binding and enforceable.
Because FleetCommand Pro operates as an electronic platform, withdrawal of your consent to electronic signatures may result in the inability to continue using certain features of the platform. In some cases, withdrawal of e-sign consent may require termination of your account, as the platform cannot function without electronic record processing. The Company will notify you of any such consequences before finalizing your withdrawal.
Processing Time
Withdrawal requests will be processed within 5 business days of receipt. You will receive confirmation when your withdrawal has been processed. Until you receive confirmation, your existing consent remains in effect.
11 Record Retention
FleetCommand Pro maintains electronic records in accordance with applicable federal and state retention requirements, including those established by the FMCSA.
Retention Period
All electronically signed documents and related records are retained for the duration of your account plus 30 calendar days following account closure. Certain categories of records may be retained longer where required by law, regulation, or ongoing legal proceedings. See the retention schedule in our Privacy Policy for specific document categories and their respective retention periods.
FMCSA Retention Requirements
Transportation-specific records are maintained in accordance with FMCSA regulations, including:
- Driver qualification files: 3 years after employment ends (49 CFR 391.51)
- Hours-of-service records: 6 months (49 CFR 395.8(k))
- Vehicle inspection reports: 3 months for DVIRs (49 CFR 396.11(c)), 14 months for annual inspections (49 CFR 396.21(b))
- Accident records: 3 years (49 CFR 390.15(b))
Your Responsibility
While the Company maintains records on the platform, you are responsible for downloading and saving your own copies of all electronically signed documents. FleetCommand Pro provides a document download function that allows you to save PDF copies of signed documents at any time while your account is active.
Access to Records
You may access and download your electronically signed documents through your FleetCommand Pro account dashboard at any time during the retention period. After account closure, you have 30 days to download any remaining documents before they are removed from the platform. The Company recommends downloading all documents before closing your account.
12 Security of Electronic Signatures
FleetCommand Pro employs multiple layers of security to protect the integrity and authenticity of electronic signatures and records.
Authentication
User authentication is managed through Clerk, a secure authentication platform. Clerk provides:
- Email-based identity verification during account creation
- Secure password management with bcrypt hashing
- Optional multi-factor authentication (MFA) for additional account security
- Session management with automatic timeouts for inactive sessions
- Device recognition and anomalous login detection
Encryption
All data transmitted between your browser and FleetCommand Pro is encrypted using Transport Layer Security (TLS) 1.2 or higher. This includes all document content, signature data, and personal information. Data at rest is encrypted using AES-256 encryption.
Audit Trail
Every electronic signature captured through FleetCommand Pro generates an audit trail that includes:
- Timestamp: The exact date and time (UTC) the signature was applied
- IP Address: The IP address of the device used to apply the signature
- User ID: The authenticated Clerk user identifier associated with the signature
- Document ID: A unique identifier for the signed document
- Signature Method: The type of electronic signature used (click-to-sign, typed name, checkbox, etc.)
- User Agent: Browser and device information at the time of signing
Audit trail records are stored separately from signed documents and are maintained for the full retention period. Audit trails are immutable and cannot be altered after creation.
Tamper Detection
FleetCommand Pro employs tamper detection mechanisms to identify unauthorized modifications to signed documents. If a document is altered after signing, the system flags the modification and preserves the original signed version. Any discrepancy between the current document and the signed version is logged and reported.
13 Updating Contact Information
You are required to maintain a current, valid email address on your FleetCommand Pro account at all times. Your email address is the primary method by which the Company delivers electronic records, signature requests, and platform notifications.
How to Update Your Email Address
You may update your email address through either of the following methods:
- Settings Page: Log in to FleetCommand Pro, navigate to your account Settings page, and update your email address in the profile section
- Email Request: Send a request to derrick@derricktransport.com from your current email address on file, specifying your new email address
Consequences of Outdated Information
If you fail to maintain a current email address, you may not receive time-sensitive notifications, including signature requests, document delivery confirmations, account security alerts, billing statements, and compliance notices. The Company is not responsible for communications that fail to reach you because of an outdated or incorrect email address on your account.
Other Contact Information
You should also keep your mailing address, phone number, and any other contact details on your account up to date. This information may be used for delivery of paper records (if requested) and for identity verification purposes.
14 Dispute Resolution for E-Signed Documents
Electronic signatures applied through FleetCommand Pro are presumed valid and enforceable. The following provisions govern disputes related to electronically signed documents.
Presumption of Validity
An electronic signature captured through FleetCommand Pro, together with the associated audit trail, creates a rebuttable presumption that the signature is valid and was applied by the identified signer. This presumption is consistent with UETA Section 9 (attribution) and the E-SIGN Act's recognition of electronic signatures.
Burden of Proof
Any party challenging the validity of an electronic signature bears the burden of proving that the signature was not applied by the identified signer or was applied without the signer's intent or authorization. The audit trail maintained by FleetCommand Pro, including the timestamp, IP address, user ID, and authentication method, serves as primary evidence of the signature's authenticity.
Audit Trail as Evidence
The audit trail generated by FleetCommand Pro for each electronic signature is designed to meet evidentiary standards for business records under Federal Rule of Evidence 803(6) and comparable state rules. The audit trail is generated automatically by the platform's systems in the regular course of business and is maintained in an unalterable format.
Governing Dispute Resolution
Disputes regarding electronically signed documents are subject to the same dispute resolution provisions set forth in the FleetCommand Pro Terms and Conditions, including mandatory binding arbitration where applicable. Refer to the Terms and Conditions at terms.html for the complete dispute resolution procedure, including the arbitration clause, governing law, and venue.
15 FMCSA & DOT Considerations
FleetCommand Pro is designed to support compliance with Federal Motor Carrier Safety Administration (FMCSA) and Department of Transportation (DOT) regulations regarding electronic records in the transportation industry.
FMCSA Compliance Audits
Electronic records created and maintained through FleetCommand Pro are formatted to be producible during FMCSA compliance audits. Carriers using FleetCommand Pro can generate and export the records that FMCSA auditors typically request, including driver qualification files, hours-of-service records, vehicle maintenance records, and accident documentation.
ELD Data Format Requirements
Under 49 CFR 395.24, ELD data must be producible in a standardized format during roadside inspections and compliance reviews. FleetCommand Pro stores ELD-related records in formats that comply with the data transfer requirements specified in Appendix A to Subpart B of 49 CFR Part 395, including the ability to produce data via:
- Telematics (web services or email) transfer to authorized safety officials
- Display on the ELD screen for visual inspection
- Printout on demand at the roadside
Roadside Inspections
Per 49 CFR 395.24(d), a driver must be able to present electronic records to an authorized safety official during a roadside inspection upon request. FleetCommand Pro supports this requirement by enabling mobile access to relevant records through a web browser and by supporting the export and display of records in the required format.
Record Accessibility
Carriers using FleetCommand Pro must make records available to FMCSA and DOT officials upon request in accordance with 49 CFR 390.29, which requires motor carriers to make records available for inspection at the carrier's principal place of business within 48 hours of a request. Electronic records maintained on FleetCommand Pro can be accessed and exported within this timeframe.
Supporting Documentation
All supporting documents referenced in 49 CFR 395.11, including bills of lading, carrier freight bills, dispatch records, and trip records, may be maintained in electronic form through FleetCommand Pro. These electronic records satisfy the "supporting document" requirements when they are accurately maintained and can be produced during audits or investigations.
16 Contact Information
If you have questions about this Electronic Signature Consent and E-Sign Disclosure, or if you need to request paper records, withdraw consent, or update your contact information, please reach out using the information below.
DLW Estate Trucking LLC
Operating as FleetCommand Pro
Website: derricktransport.com
Email: derrick@derricktransport.com
Please allow up to 5 business days for a response to general inquiries. Requests for paper copies are processed within 10 business days. Consent withdrawal requests are processed within 5 business days.
This Disclosure is effective as of April 15, 2026, and applies to all electronic signatures and electronic records created through FleetCommand Pro on or after that date. The Company reserves the right to modify this Disclosure at any time. If material changes are made, you will be notified by email or through the platform. Your continued use of FleetCommand Pro after notification constitutes acceptance of the updated Disclosure.