OPEN ROAD DRIVERS PLAN
GENERAL TERMS AND CONDITIONS FOR ENROLLED DRIVERS
THESE GENERAL TERMS AND CONDITIONS (“Master Terms”), together with the Drivers Plan Application and any exhibits, attachments or addenda (collectively, the “Agreement”) govern a driver’s participation in the Open Road Drivers Plan® (“ORDP” or the “Plan”) operated by Multi Service Technology Solutions, Inc., a Florida corporation (“MSTS”) (the driver “You” or a “Member” and the participation a “Membership”). ORDP is a digital platform which connects truck drivers with attorneys with the ability to assist the drivers in protecting their Commercial Driver’s License (“CDL”) including, but not limited to assisting with tickets, citations and points. By executing and submitting the Drivers Plan Application that references these Master Terms, Member acknowledges that it has had the opportunity to view the Agreement and hereby agrees to the terms and conditions herein.
I. ELIGIBILITY, ENROLLMENT, MEMBER OBLIGATIONS, AND TERM
A. ELIGIBILITY FOR MEMBERSHIP
1. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to become a Member. If you are under the age of 18, you are not eligible to become Member.
2. You must have a CDL to be eligible to be a Member.
1. To enroll in the Plan, you must fill out the Drivers Plan Application provided by MSTS.
2. Your Membership in the Plan shall be effective upon MSTS’s acceptance of your Drivers Plan Application and your initial or full payment of the Membership Fee (hereinafter defined).
3. For the purposes of the benefits provided under the plan, the Member includes the Member’s legal spouse in any state in the United States of America or in Canada.
C. MEMBERSHIP FEE AND MEMBER OBLIGATIONS.
1. You agree to pay the applicable membership fee (the “Membership Fee”) listed at MSTS’s website, which may be accessed at the following web address: (https://www.protectmycdl.com/driver-info/). The Membership Fee may be paid by the Member in monthly or quarterly installments, or at a one-time discounted annual rate. MSTS may change the Membership Fee for the Member’s Renewal Term at its sole and absolute discretion. If MSTS changes the Membership Fee, MSTS may notify you by sending you an e-mail to the last e-mail you provided to MSTS and/or by updating the fee listed on the web address above. The Membership Fee is non-refundable.
2. You agree that all information provided to MSTS during your Membership will be accurate and complete. You agree to notify MSTS of any changes to contact information, payment information, or other account information.
D. TERM AND TERMINATION
1. The initial period of the Membership is one (1) month, one (1) quarter, or one (1) year as initially selected by the Member during enrollment (the “Initial Term”), commencing on the date of the initial or full payment of the Membership Fee. At the expiration of the Initial Term, the Membership will automatically renew for successive periods of equal length to the Initial Term (“Renewal Term”) unless either party provides the other party will notice of its intent to terminate prior to the expiration of the then current term. Member agrees to pay the Membership Fee for each successive Renewal Term.
2. MSTS may terminate this Agreement for cause, effectively immediately, upon written or electronic notice to the Member if MSTS reasonably determines (1) Member has failed to pay MSTS any amount when due, (2) Member has violated any provision of this Agreement, or (3) Member becomes bankrupt or insolvent, an application is made to have Member declared bankrupt or insolvent, or a receiver is appointed for the Member.
3. Member may terminate this Agreement for any reason, effectively immediately, upon written or electronic notice to MSTS; provided, however, Member will not be entitled to any refund of a previously paid Membership Fee.
4. Upon termination of this Agreement for any reason (i) all rights and obligations under the Agreement will automatically terminate except for rights of action accruing prior to termination, and (ii) all amounts due thereunder shall become immediately due and payable.
II. LEGAL SERVICES BENEFITS
A. ASSISTANCE IN FINDING LEGAL REPRESENTATION
1. MSTS shall assist Member in finding legal representation for Covered Violations through MSTS’s online platform (“Legal Representation Service”). The Legal Representation Service works as follows: (1) Member submits a ticket, citation, or other legal issue to MSTS; (2) MSTS notifies attorneys in its network (the “Network”) in the appropriate jurisdiction that may be willing and able to represent the Member in connection with the Member’s legal issue; (3) MSTS will provide to Member the biographical information and contact information of an attorney that has notified MSTS of his or her willingness to represent the Member; (4) Member may approve or disprove of seeking legal representation from that attorney; (5) if Member approves, MSTS will provide the attorney the Member’s contact information and a copy of the ticket, citation, or other legal issue and the attorney will contact Member to establish an attorney-client relationship; and (6) if the Member does not approve, MSTS will send a new notification the Network and begin the process again.
2. Member may accept or reject any attorney that MSTS connects with Member. Except for the provision of Legal Coverage, MSTS will not interfere with the Member’s attorney or their provision of legal services. Attorney’s obligation to provide legal services will be only with and to the Member. If the Member chooses an attorney not in MSTS’s Network, MSTS will not provide Legal Coverage.
3. Member acknowledges and agrees that MSTS has not made any representation or warranties as to the ability, skills, or license of any attorney that the Member is connected with through the Legal Representation Service. Member also acknowledges and agrees that MSTS has not made any representation or warranties as the outcomes of the legal services provided by the attorney.
B. REIMBURSEMENT OF LEGAL FEES
1. MSTS shall pay the Member’s reasonable, usual and customary fees and expenses that arise from the services of an attorney in the Network that represents the Member for a Covered Violation (“Legal Coverage”). The determination of reasonable, usual and customary fees and expenses shall be determined in comparison to other attorneys in the area that provide similar legal services and shall be made by MSTS, in its sole and absolute discretion.
2. The amount of Legal Coverage MSTS will provide for any individual Covered Violation, for both trial defense and appeal combined, shall not exceed $5,000.
3. For the Member to receive Legal Coverage, the Member’s attorney must log the representation of the Member as complete through MSTS’s online platform and provide MSTS will a copy of the bill for the attorney’s fees and expenses. The Amount of Legal Coverage MSTS shall provide for any individual Covered Violation shall be reduced by fifteen percent (15%) per month after the disposition of a legal matter that the Attorney has not logged the representation as complete and provided a copy of the bill, and in any event, MSTS shall not provide any Legal Coverage if the attorney has not logged the representation as complete within six (6) months after the disposition of the legal matter.
4. The Member, and not MSTS, shall be responsible for any (1) court costs, (2) fines, or (3) penalties associated with Covered Violations.
5. MSTS shall not provide Legal Coverage for legal actions against a Member’s employer.
6. MSTS shall not provide Legal Coverage for any attorney that provides legal services to Member on a contingency fee basis.
C. COVERED VIOLATIONS.
1. MSTS will provide benefits in connection with the following items (each a “Covered Violation” and collectively, the “Covered Violations”):
a) Violations of traffic laws while a vehicle is in motion generally referred to as moving violations, excluding any Excluded Violations;
b) Violations of civil laws related to a vehicle being over the legal weight, width, height, length, having an improper permit, license tag, equipment, violations related to maintain a logbook, or other non-moving violations that are considered serious violations against a Member’s CDL;
c) Criminal charges for manslaughter, negligent homicide, or vehicular homicide arising from a traffic accident; and
d) Claims to recover the cost of vehicle repairs arising from a traffic accident; provided, however, the maximum Legal Coverage shall be $500 per occurrence.
2. The determination of whether a violation or legal issue constitutes a Covered Violation shall be made by MSTS, in its sole and absolute discretion.
D. EXCLUDED VIOLATIONS:
1. MSTS will not provide benefits in connection with the following items (each an “Excluded Violation” and collectively, the “Excluded Violations”):
a) Criminal charges or citations for driving under the influence of drugs or alcohol;
b) Criminal charges or citations for driving in possession of drugs, alcohol, or firearms;
c) Criminal charges or citations for driving without a valid driver’s license;
d) Criminal charges or citations for leaving the scene of an accident;
e) Criminal charges or violations arising from a hit and run accident;
f) Violations and citations that are delinquent or past due;
g) Violations or citations for possessing a radar detector or scanner;
h) Violations or citations for operating a vehicle while out of service;
i) Violations or citations for using a cell phone or texting while driving;
j) Violations or citations for failure to properly use a seatbelt; and
k) Any Pre-Existing Violations, as defined in Section II.E.
2. MSTS shall provide Member its Legal Representation Service for an Excluded Violation if the Member pays a $200.00 fee; provided, however, that MSTS’s assistance to Member regarding Pre-Existing Violations is covered in Section II.D. MSTS shall not provide Legal Coverage for an Excluded Violation. Member hereby acknowledges and agrees that Member shall pay all legal fees and expenses, court costs, fines or penalties charged or imposed in connection with the resolution of the Excluded Violation.
E. PRE-EXISTING VIOLATIONS.
1. MSTS is not obligated to provide Legal Coverage for any acts, occurrences or violations that occurred or existed prior to the Member’s Membership in the Plan (each a “Pre-Existing Violation”).
2. MSTS shall provide Member its Legal Representation Service for a Pre-Existing Violation if (1) the Member discloses the Pre-Existing Violation at the time of enrollment in the Plan and (2) the Member pays a $200.00 fee. MSTS shall not provide Legal Coverage for a Pre-Existing Violation. Member hereby acknowledges and agrees that Member shall pay all legal fees and expenses, court costs, fines or penalties charged or imposed in connection with the resolution of the Pre-Existing Violation.
I. ADDITIONAL PLAN BENEFITS.
The following is a list of additional Plan benefits available to Member and Member’s legal spouse under the Plan:
A. BONDING SERVICES.
1. MSTS shall provide bonding services to the Member subject to the limits in this Agreement (“Bonding Services”); provided, however, MSTS shall not provide a bond to the Member for any violations that occur in conjunction with an Excluded Violation.
2. To receive a bond, the Member must call the toll free number 1-800-848-3060 and ask for bonding service. The Member must be prepared to provide the following information:
a) Name, address and plan number of the Member needing the bail bond services;
b) Title, name and address of holding authority;
c) Offense with which charged;
d) Citation or ticket number; and
e) Amount of bond
3. IN ACCEPTING THE USE OF THESE BONDS, MEMBER ACKNOWLEDGES AND AGREES IN THE EVENT OF FORFEITURE OF THE BOND AMOUNT, FOR ANY REASON, TO REIMBURSE MSTS IN FULL AMOUNT FOR SUCH FORFEITURE, TOGETHER WITH ALL COSTS OF COLLECTION. MSTS IS NOT LIABLE FOR ANY FINES OR COURT COSTS.
4. The following are limitations on the Bonding Services provided to Member:
a) Police Bail Bond: MSTS shall provide a maximum bail bond of $10,000 for a Member’s arrest for a Covered Violation. Notwithstanding the forgoing, if the Member is a resident of Kentucky, Utah, or New York and is involved in an accident, MSTS shall pay the cost of a bail bond up to 10% of the bond; provided, however, that the bond shall not exceed $10,000. MSTS shall only contract to pay a professional bail bondsman’s fee and shall not be a surety on any bail bond
b) Appearance Bond: To the extent allowed by applicable law, MSTS shall provide a maximum bond of $1,000 for an appearance bond associated a Covered Violation.
c) MSTS shall provide Bonding Services only for the Member’s first appearance and not for any subsequent appeal. MSTS Bonding Services shall not discharge Member’s financial responsibility for damages to others or their property.
d) MSTS shall not issue a bond unless all previous bonds are satisfied.
1. $1,000 Stolen Vehicle Reward: MSTS shall offer and pay a reward of $1,000 for information leading to the arrest and conviction of person or persons responsible for the theft of a Member’s vehicle. This reward applies to all vehicles owned and in personal use by the Member.
2. $1,000 Personal Property Reward: MSTS shall offer and pay a reward of $1,000 for information leading to the arrest and conviction of any person or persons stealing personal property from a Member’s vehicle or home.
3. $1,000 Hit & Run Reward. MSTS shall offer and pay a reward of $1,000 for information leading to the arrest and conviction of any hit-and-run driver damaging a member’s vehicle.
4. Rewards may be paid to law enforcement officers, agencies or private citizens.
5. Neither Member nor Member’s legal spouse is eligible to receive a reward provided by MSTS.
6. MSTS shall not provide a reward for vehicles that are found on or damaged while parked on new or used car/truck lots.
C. $500 TRIP GUARANTEE (ACCIDENTS AND VEHICLE THEFT).
1. To the extent allowed by applicable law, MSTS shall reimburse the Member up to $500 for the Member’s expenses (the “Trip Guarantee”) if the Member is more than 50 miles or more from the Member’s home and the Member’s vehicle is
a) Disabled as the result of an accident or collision; or
b) Stolen; provided, however, that the Member must have reported the theft to the local or state police and to the Member’s insurance company.
2. The Trip Guarantee covers the Member’s expenses incurred for (a) a rental car or commercial transportation, (b) lodging, and (c) meals, subject to the following limitations
a) The expenses must have been incurred within 72 hours of the time that the Member’s vehicle was disabled or stolen;
b) The maximum amount reimbursed for a rental car is $50 per day for up to three (3) days;
c) Expenses for commercial transportation only include expenses incurred to a common carrier licensed to carry passengers for hire and does not include a tow service for the Member’s vehicle or trailer;
d) Expenses for a rental car must have been incurred at a bona fide car rental agency; and
e) Expenses for lodging and meals must have been incurred at a bona fide motel, hotel, or restaurant.
3. To receive the Trip Guarantee, Member must provide MSTS by mail or in a manner otherwise provided by MSTS:
a) Itemized receipts of the Member’s expenses;
b) Proof that the Member’s vehicle was disabled or stolen; and
c) If the Member’s vehicle was stolen, copies of the Member’s police report and insurance claim.
4. The Trip Guarantee is not available if the Member purchased the plan in New York.
D. MEMBERSHIP DISCOUNTS.
Member may be eligible for certain discounts from MSTS’s partners. A full list of discounts are available, as may be amended from time to time, are available on MSTS’s website, which may be accessed at the following web address:
I. DRIVER REFERRAL PROGRAM.
If a new driver referred by Member joins ORDP and remains a member for more than three consecutive months, MSTS shall pay Member a one-time payment of $34.50 (“Referral Bonus”). There is no limit to how many times a Member can receive a Referral Bonus. Member may call toll-free at 1-800-848-3060 with questions regarding the Referral Bonus.
1. The term “accident” or “collision” means the actual collision of a vehicle being driven by a Member with any other vehicle or object. It does not include mechanical failures.
2. The term “violation” means the receipt of one or more citations or notices to appear in court in the form traffic tickets, summonses to appear, written violation, or the equivalent thereof.
B. AUTO CLUB MEMBERSHIP.
MSTS is a member of Nation Safe Drivers: NSD Motor Club Services, Inc.
C. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to choice of law principles.
D. DISPUTE RESOLUTION.
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, which shall be held in Overland Park, Kansas. The arbitrator shall determine the matters in dispute in accordance with the law specified in Section A of this Agreement. The parties submit to the jurisdiction of the state and federal courts sitting in Johnson County, Kansas for the enforcement or appeal of any arbitration award issued under this Section. All actions, claims, disputes and proceedings arising under or relating to this Agreement shall be adjudicated on an individual basis, and MEMBER will not under any circumstances consolidate or seek class treatment for any such action, claim, dispute or proceeding unless previously agreed to in writing by MSTS.
E. MEMBER INDEMNIFICATIONS.
Member is solely liable for the accuracy and completeness of Member submissions, messages, verbal or written statements, or other information Member provides to MSTS. Member agrees to defend, indemnify, and hold MSTS, its affiliates, contractors, suppliers, directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities (including but not limited to reasonable attorney’s fees) from any third party claim arising out of or relating to: (a) your violation of any term of this Agreement, (b) your use of or access to the ORDP website and/or the Plan, (c) your submissions of information or communications, (d) any improper, unauthorized or illegal uses of your account on the ORDP website; and (e) your violation of any rights of a third party, including without limitation any property or privacy right.
F. GENERAL DISCLAIMER; LIMITATION OF LIABILITY.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER MSTS, NOT ITS AGENTS OR REPRESENTATIVES MAKE ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MANNER, INCLUDING WITHOUT LIMITATION, SATISFACTORY QUALITY, REASONABLE SKILL AND CARE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE SECURE, UNINTERRUPTED OR ERROR FREE OR MEET MEMBER’S REQUIREMENTS OR NEEDS, EXCEPT TO THE EXTENT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED. MSTS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD-PARTY WEBSITES (OR MOBILE APPLICATIONS, LINKS, ETC. OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITE AND/OR THE SERVICES), INCLUDING WITHOUT LIMITATION ANY ERRORS IN OR OMISSIONS THEREFROM.
MSTS FURTHER DISCLAIMS LIABILITY FOR ANY LOSS OF DATA BY USE OF THE ORDP WEBSITE OR THE SERVICES, OR FOR ANY LOSS OF DATA OR OTHER DAMAGE ARISING FROM SPYWARE, MALWARE, OR OTHER THIRD-PARTY CAUSES. MSTS SHALL HAVE NO LIABILITY WHATSOEVER AS A RESULT OF ANY DATA BREACH, IP INFRINGEMENT OR BREACH OF CONFIDENTIALITY OBLIGATIONS, OR FOR FAILURE TO PROPERLY AND SECURELY STORE MEMBER’S INFORMATION OR PROPERLY TRANSMIT MEMBER’S INFORMATION, OR FOR ANY BREACH BY MSTS OF ANY TERMS HEREIN, EXCEPT TO THE EXTENT THAT LIABILITY CANNOT BE VALIDLY WAIVER. MEMBER ACKNOWLEDGES THAT EMAIL IS NOT A SECURE FORM OF TRANSMISSION AND THAT IT MAY POTENTIALLY BE INTERCEPTED OR OTHERWISE OBTAINED BY PERSONS OTHER THAN THE INTENDED RECIPIENT AND WAIVES ALL RIGHTS AND REMEDIES PERTAINING TO THE COMPROMISE OF ANY ELECTRONIC COMMUNICATION BETWEEN MSTS AND ANY THIRD PARTY.
IN NO EVENT SHALL MSTS OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO MEMBER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY NATURE.
MEMBER ACKNOWLEDGES AND AGREES THAT MSTS’ ENTIRE LIABILITY UNDER THIS AGREEMENT FOR ANY REASON SHALL BE LIMITED TO THE LESSER OF THE AMOUNTS RECEIVED FROM MEMBER IN THE PAST 12 MONTHS.
WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE IN A PARTICULAR CIRCUMSTANCE, THEN MSTS SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
G. NOT A REFERRAL SERVICE.
ORDP is not a lawyer referral service and does not provide such services. ORDP is a legal service plan that assists people who seek to secure legal representation and connects them with attorneys in the relevant jurisdiction. Member acknowledges and agrees that MSTS does not recommend, endorse, qualify or channel a Member to any particular attorney to assist with the Member’s legal needs. MSTS does not accept payments from attorneys in its network in the form of percentages of fees generated from such attorneys, but MSTS does provide a fee-based service to attorneys. Members acknowledge and agree that certain of the attorneys that are connected to Member by MSTS have paid MSTS a fee for priority listing in MSTS’s Network.
H. NO ATTORNEY-CLIENT RELATIONSHIP OR CONFIDENTIALITY.
Member acknowledges that Membership in the Plan is not intended to and will not create an attorney-client relationship between any person or entity and MSTS, and Member has no expectation of attorney confidentiality or privacy of communications occurring through MSTS’s online services, whether those exchanges are with an MSTS representative or your retained attorney. Member acknowledges and agrees that MSTS has not provided any legal services to the Member in connection with the Plan.
I. NO THIRD PARTY RIGHTS.
Nothing contained in this Agreement will or is intended to create or will be construed to create any right in or any duty or obligation to any third party.
If any provision in this Agreement is held unenforceable or invalid for any reason whatsoever, the remaining provisions will continue in full force.
The rights herein given to either party may be exercised from time to time, singly or in combination, and the exercise of one or more of such rights will not be deemed to be a waiver of any one or more of the other. No waiver of any breach of a term, provision, or condition of this Agreement will be deemed to have been made by any party hereto unless the waiver is addressed to the other in writing or electronically, and the failure of either party to insist upon the strict performance of any term, provision, or condition of this Agreement will not constitute a relinquishment for the future of any such term, provision or condition.
The headings, captions, headers, footers and version numbers contained in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.
The provisions herein which by their nature should survive the expiration or termination of this Agreement, shall survive and continue in full force and effect.
N. ENTIRE AGREEMENT; AMENDMENTS.
This Agreement constitutes the entire agreement between the parties on the subject hereof and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral. All capitalized terms shall have the meaning as set forth in this Agreement. This Agreement may be amended, modified, or otherwise supplemented from time to time by MSTS at is sole and absolute discretion. If MSTS makes any substantial changes, MSTS may notify you by sending you an e-mail to the last e-mail you provided to MSTS and/or by prominently posting notice of the changes on MSTS’s website which may be accessed at the following web address www.protectmycdl.com. Continued use of ORDP shall indicate Member’s acknowledgment of and agreement to be bound by such changes.
MSTS may assign or otherwise transfer this Agreement and any and all rights and obligations hereunder without prior notice to Member. Member may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of MSTS.
To contact MSTS, you may call 1-800-848-3060, or to contact MSTS in writing, send to Open Road Drivers Plan®, 8650 College Boulevard, Overland Park, Kansas 66210.