Driver Membership Agreement

This Agreement is entered into on (Effective Date) by First Name Required Last Name Required("Driver" or "Member" or "You") and CDL Legal ("Company"), a company incorporated in the state of Kansas and having offices at 15633 S Mahaffie St, Olathe, KS 66062. The Member and the Company are collectively referred to as "Parties".

Company offers Silver, Gold and Platinum Membership Plans as detailed herein. By signing this Agreement, Driver will become a Member of the CDL Protection Plan ("CDLPP") offered by CDL Legal and powered by Roadside Protection, Inc. Roadside Protection Inc. is the licensed Auto Club for all CDLPPs, providing 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 traffic tickets and citations, and the Company is willing to provide that service.

The terms and conditions in this Driver Membership Agreement, together with all information submitted by Driver to Company, govern a driver's participation in the CDLPP. By submitting an application and signing this Agreement, Member acknowledges it has fully reviewed this Agreement and hereby agrees to all terms and conditions herein.

I. ELIGIBILITY, ENROLLMENT, MEMBER OBLIGATIONS, AND TERM

A. Eligibility for Membership and Coverage

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.
3. A Member's coverage also extends to Member's legal spouse at no additional cost on the Gold and Platinum Membership if Member's spouse was included in the membership prior to the date of the claim event.
4. Your coverages under any Plan may not be assigned or transferred, and any rights which may arise under the Plan may not be assigned or transferred by you either by operation of law or by contract, without Company's prior written consent.

B. Member Enrollment and Obligations

1. To enroll in any Plan, you must fill out the Application provided by Company.
2. Your Membership in the Plan will be effective upon Company's acceptance of your Application, your signing of this Agreement, and your full payment of the Membership Fee (defined below). Membership fees are nonrefundable for any reason other than for clerical error by Company.
3. By enrolling in any Plan, you as Member agree that: (1) The statements in your Application are accurate and complete; (2) Those statements are based on your representations; and (3) Company has approved membership and Plan benefits in reasonable reliance upon your representations. Except in instances of fraud or negligent misrepresentation or reckless indifference, your statements: (a) are considered representations and not warranties and (b) will not be used to void Member's Plan or reduce any benefits.
4. You as Member represent you will never knowingly, or with careless or reckless disregard for the truth, make any false or fraudulent claim for any benefits or coverage under any Plan. Any such claim, as determined in the sole discretion of the Company, will be denied and the Member's Plan will be terminated, and all benefits forfeited.
5. You agree that all information provided to the Company during your Membership will be accurate and complete. You agree to notify the Company of any changes to contact information, payment information, or other account information.

C. Membership Fees and Plan Expenses

1. You agree to pay all membership fees (the "Membership Fee") listed at Company website (https://cdllegal.com) or as otherwise communicated by Company by including but not limited to the Company's Membership Fees and Expenses Rider which is specifically incorporated and applied herein by reference. Company is authorized to update or modify this Rider at any time in its sole discretion; the most recent version of this Rider will always be applied based on the date of Member's claim. Membership Fees are collected in full at the beginning of the Plan coverage period.
2. Company reserves the exclusive right to change the Membership Fee for any subsequent Plan periods, and Members shall be notified by e-mail to the last e-mail you provided and/or by updating the fee listed on the web address above. All Membership Fees are non-refundable.
3. In addition to all Membership Fees, Member shall be responsible for all per-occurrence expenses as stated in the Membership Fees and Expenses Rider which is specifically incorporated and applied herein by reference. Company is authorized to update or modify this Rider at any time in its sole discretion; the most recent version of this Rider will always be applied based on the date of Member's claim.

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"), starting on the date of the 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 with notice of its intent to terminate prior to the expiration of the then current term. Members agree to pay the Membership Fee for each successive Renewal Term.
   
   Members on payroll deduction through a carrier will follow their payroll cycle for membership terms. Activation of membership starts with first payroll deduction and ends with last payroll deduction.
2. Company may terminate this Agreement for cause, effectively immediately, upon written or electronic notice to the Member if Company reasonably determines (1) Member has failed to pay Company 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 Company. 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.

E. Vehicle Eligibility

1. Vehicles eligible for Plan coverage include only vehicles legally permitted to be driven by Member that have at least two (2) wheels, are street legal, and are properly and fully licensed and insured for operation on public roads (each an "Eligible Vehicle" or "Covered Vehicle" and collectively "Eligible Vehicles" or "Covered Vehicles").
2. All other vehicles of any type or nature or kind are excluded from coverage under Member's Plan, specifically including but not limited to boats, watercraft, marine vessel, ATVs, and any other recreational vehicles.

II. LEGAL SERVICES BENEFITS - ALL PLANS (Silver, Gold, and Platinum)

A. Assistance Finding Legal Representation Service

1. Company shall assist Member in finding legal representation for Covered Violations ("Legal Representation Service"). The Legal Representation Service works as follows: (1) Member submits a ticket, citation, or other legal issue to Company; (2) Company 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) Company will provide to Member the professional and contact information of an attorney that has notified Company of willingness to represent the Member; (4) Member may approve or disapprove legal representation from that attorney; (5) if Member approves, Company 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, Company will send a new notification the Network and repeat the process. If there are no other in network attorneys the legal costs will be members' responsibility.
2. Member may accept or reject any attorney that Company connects with Member. Except for the provision of Legal Coverage, Company 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 Company Network, Company will not provide Legal Coverage.
3. Member acknowledges and agrees that Company 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 Company has not made any representation or warranties as to the outcomes of the legal services provided by the attorney.

B. Reimbursement of Legal Fees ("Legal Coverage")

1. Member shall be responsible for per-occurrence fees and expenses, including attorneys fees, as stated in the Company's Membership Fees and Expenses Rider which is specifically incorporated and applied herein by reference. Company is authorized to update or modify this Rider at any time in its sole discretion; the most recent version of this Rider will always be applied based on the date of Member's claim.
2. Subject to all applicable Exclusions or Limitations herein, Company shall thereafter pay, up to applicable maximums stated below the remainder of 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 and determined by Company in its sole and absolute discretion.
3. The maximum amounts of Legal Coverage that Company will provide for any individual Covered Violation shall be as stated in the Company's Membership Fees and Expenses Rider which is specifically incorporated and applied herein by reference. Company is authorized to update or modify this Rider at any time in its sole discretion; the most recent version of this Rider will always be applied based on the date of Member's claim.
4. The Member, and not Company, shall be responsible for all (1) court costs, (2) fines, (3) fees other than attorney's fees, or (4) penalties related to Covered Violations.
5. Company will not pay for Legal Coverage for any claim that is set to go to trial after a pre-trial negotiation has already been covered. Any cases that must go to trial immediately without a pre-trial are covered with a $500 deductible depending on membership level.
6. Company will not pay for Legal Coverage for any claim for which there are no points/marks/demerits or the like to be assessed against Member's driving record, including but not limited to parking tickets or non-moving violations.

C. Covered Violations

1. Company will provide benefits in connection with the following items (each a "Covered Violation" and collectively, the "Covered Violations"):
   1. Violations of traffic laws while a vehicle is in motion generally referred to as moving violations, excluding any Excluded Violations;
   2. Non Moving Violations or 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;
   3. Criminal charges for manslaughter, negligent homicide, vehicular homicide, or the like, arising from a traffic accident. Company will cover up to $3000 in attorney costs.
2. The determination of whether a violation or legal issue constitutes a Covered Violation shall be made by Company, in its sole and absolute discretion.

D. Excluded Violations

1. Company will not provide benefits in connection with any claims for, or any claims directly or indirectly related to, any matters or violations stated in the Company's Excluded Violations Rider (each an "Excluded Violation" and collectively, the "Excluded Violations") which is specifically incorporated and applied herein by reference. Company is authorized to update or modify the Rider at any time in its sole discretion; the most recent version of the Rider will always be applied based on the date of Member's claim.
2. Company shall not provide Legal Coverage for any Excluded Violation. Member shall pay all legal fees and expenses, court costs, fines or penalties of any kind in connection with any Excluded Violation.
3. Company shall not provide Legal Coverage for legal actions against a Member's employer.
4. Company shall not provide Legal Coverage for any attorney that provides legal services to Member on a contingency fee basis.
5. Company may at its sole discretion provide benefits for certain limited Excluded Violations under certain limited circumstances as stated in the Excluded Violations Rider, which is specifically incorporated and applied herein by reference. Company is authorized to update or modify the Rider at any time in its sole discretion; the most recent version of the Rider will always be applied based on the date of Member's claim.

III. ADDITIONAL PLAN BENEFITS

Roadside Assistance Network (Roadside Protect, Inc.)

Members who purchase a CDL Legal plan that have a motor club benefit bundled in the plan as required for regulatory compliance with motor club laws and regulations. As an access only benefit, Members must pay all fees to service providers dispatched for services hereunder. Roadside assistance services are administered by Roadside Protect, Inc.; Roadside Protect, Inc. operates as Roadside Protect Motor Club in California. Subject to the conditions and definitions herein, Members shall be entitled to roadside assistance benefits for any Eligible Vehicle covered under this Agreement as follows:

• Towing Assistance– When a vehicle is disabled as a result of a breakdown, Company will arrange to have it towed to a destination of your choice.
• Flat Tire Assistance– If your vehicle has an operable spare tire, it will be installed to replace a flat tire. If the vehicle has two or more flat tires or it does not have an operable spare, the vehicle will be towed in accordance with the towing benefit.
• Fuel Delivery Service– If the vehicle runs out of fuel, we will provide for the delivery of fuel needed at the disablement site. Specific brands or octane ratings cannot be promised.
• Battery Service– When a vehicle experiences battery failure, we will provide a jump-start.
• Lost Key/Lock-out Assistance– When a driver loses their key or locks them in their vehicle, service will be sent to gain entry.
• Winching/Vehicle Extraction– If a vehicle is stuck in a ditch, mud or snow, but it is accessible from a normally traveled roadway; service will be given to either tow or winch the vehicle.

IV. INSTRUCTIONS TO FILE A CLAIM

How to Request Attorney for Ticket Claim

Please take a clear picture of your ticket and email it to protect@cdllegal.com, include your name and membership ID# in the subject line. You may also submit your ticket claim online at https://cdllegal.com/got-a-ticket/. All ticket claims must be reported at least 7 business days prior to the court date or response deadline on the violation received. Once your claim has been reported to Company, a service associate will begin the Legal Representation Service process. Once an attorney is selected, it will be your responsibility to follow up with your attorney and provide any and all additional information required for the attorney to work your case. Company will make reasonable efforts to stay in regular communication with your attorney and or the court to stay up to date on your case. But it is your responsibility to actively participate in the resolution of your case.

How to Get Help in a Roadside Emergency

1. Call (888) 993-9221– Toll-free anywhere in the U.S. (including Alaska and Hawaii), & Canada. Give the Service Representative your Membership number and the phone number you are calling from.
2. Describe the location and vehicle– Road name and cross street or highway number and nearest mile marker. Also tell us the model, make and color of your vehicle.
3. Describe the problem– You will speak to a certified dispatch representative specifically trained to answer questions about how to handle vehicle disablement situations. Explain the vehicle's problem so we can send the proper equipment to assist you. Your representative may ask you to hold while the appropriate local Emergency Service Provider is contacted. We'll confirm the estimated time of arrival and provide you with the information on the Service Provider who is coming to assist you. Once your service provider is dispatched, we'll keep you aware of their progress by text message. If the service does not arrive by the estimated time of arrival OR if you have been promised a call back and have not received it in the time specified, call back at (888) 993-9221 in the event we are having difficulty locating your vehicle and/or reaching you at your phone number.

V. MISCELLANEOUS

A. Definitions

1. The term "accident" or "collision" means the actual collision of a vehicle driven by Member, with another vehicle or object. Mechanical failures are not included.
2. The term "violation" means the receipt of one or more citations or notices to appear in court or pay a fine/fee, in the form traffic tickets, summonses to appear, written violation, or the equivalent thereof.

B. Auto Club Membership

Roadside Protection Inc. is the licensed Auto Club for all CDLLPs.

C. Governing Law

This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of Kansas, without regard to choice of law principles. Jurisdiction and venue shall exist solely and exclusively in the District Court of Johnson County, Kansas.

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 Company.

E. Member Indemnifications

Member is solely liable for the accuracy and completeness of Member Application, submissions, messages, verbal or written statements, or other information Member provides to Company. Member agrees to defend, indemnify, and hold Company, 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 Company's website and/or the Plan, (c) your submissions of information or communications, (d) any improper, unauthorized or illegal uses of your account on the Company's 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 CDL LEGAL NOR ITS AGENTS OR REPRESENTATIVES (HEREINAFTER COLLECTIVELY "COMPANY") 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. COMPANY 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.

COMPANY FURTHER DISCLAIMS LIABILITY FOR ANY LOSS OF DATA BY USE OF THE COMPANY'S WEBSITE OR THE SERVICES, OR FOR ANY LOSS OF DATA OR OTHER DAMAGE ARISING FROM SPYWARE, MALWARE, OR OTHER THIRD-PARTY CAUSES. COMPANY 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 COMPANY 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 COMPANY AND ANY THIRD PARTY.

IN NO EVENT SHALL COMPANY 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 COMPANY'S 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 COMPANY 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

Company is not a lawyer referral service and does not provide such services. Company 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 Company does not recommend, endorse, qualify, or channel a Member to any particular attorney to assist with the Member's legal needs. Company does not accept payments from attorneys in its network in the form of percentages of fees generated from such attorneys, but Company does provide a fee-based service to attorneys. Members acknowledge and agree that certain of the attorneys that are connected to Member by Company have paid Company a fee for priority listing.

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 Company, and Member has no expectation of attorney confidentiality or privacy of communications occurring through Company's online services, whether those exchanges are with a Company representative or your retained attorney. Member acknowledges and agrees that Company has not provided any legal services to the Member in connection with the Plan.

I. No Third-Party Rights

The plan benefits provided by this Agreement and any CDLLP are solely for the benefit of the Member and, on the Gold Membership the Member's registered legal spouse, subject to all terms and restrictions herein. Nothing contained in this Agreement is intended to or will create, or will be construed to create, any right in or any duty or obligation to any third party.

J. Severability

If any provision in this Agreement is held unenforceable or invalid for any reason whatsoever, the remaining provisions will continue in full force.

K. Waiver

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.

L. Headings

The headings, captions, version numbers, and the like in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.

M. Survival of Provisions

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, along with the member's Application and any additional riders and endorsements, constitutes the entire agreement between Member and Company. Any changes to this Agreement must be: (1) in writing; and (2) signed by one of Company's officers. No agent not an Officer of Company has authority to unilaterally change this Agreement, or Member's Plan benefits, or waive any Plan provisions.

Company may amend, modify, or otherwise supplement this Agreement from time to time in its sole and absolute discretion. If Company makes any substantial changes, Company may notify you by sending you an email to the last email you provided to Company and/or by prominently posting notice of the changes on Company's website which may be accessed at (https://cdllegal.com). Continued participation in CDLLP indicates Member's acknowledgment of, and agreement to be bound by, such changes.

O. Assignment

Company 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 Company.

P. Clerical Errors or Omissions

No clerical error made by Company related to your Application or Plan will serve to negatively affect your coverage. No clerical error made by any person or entity will serve to continue your coverage or Membership in any Plan beyond the date coverage would end if the error had not been made. After a clerical error is found, we will take appropriate corrective action which may include but is not limited to adjusting, collecting, or refunding any premium or other payment.

Q. Consent to Website Terms and Conditions

By signing this Agreement, Member hereby acknowledges it has read and understands, and fully consents to, all website terms and conditions and stated in the Company's "CDL Legal Website Terms & Conditions" ("T&Cs"), which is specifically incorporated and applied herein by reference. Company is authorized to update or modify these T&Cs at any time in its sole discretion; the most recent version of the T&Cs will always be applied based on the date of Member's claim.

WHEREFORE, the parties have executed and entered into this Agreement as of the date first above written