SERVICE AGREEMENT
This Service Agreement (the “Agreement”) is between STREET LEGAL LLC dba Dirt Legal, a South Dakota Limited Liability Company (the “Company”), and you (the “Customer”).
YOU AGREE THAT THIS AGREEMENT IS THE SAME AS ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR ELECTRONICALLY PLACING AN ORDER FOR A PRODUCT OR SERVICE THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND, IF APPLICABLE, TO ANY LEGAL ENTITY ON WHOSE BEHALF THE PRODUCT OR SERVICE IS PROVIDED.
COMPANY MAY CHANGE, ADD, OR REMOVE ANY PART OF THIS AGREEMENT, OR ANY PART OF THE PRODUCT OR SERVICE, AT ANY TIME. IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU SHOULD REFUSE TO ACCEPT ANY UPDATED TERMS PROPOSED TO YOU BY COMPANY AND YOU MUST DISCONTINUE USING THE PRODUCT OR SERVICE.
WHEREAS, Company is in the business of assisting customers in acquiring tags, titles and registrations for dirt bikes, ATVs, UTVs, military vehicles, cars, motorcycles, and other vehicles.
WHEREAS, Customer desires for Company to assist Customer in acquiring tags, titles and registrations for dirt bikes, ATVs, UTVs, military vehicles, cars, motorcycles, and other vehicles.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein, the Parties hereby agree as follows:
1. LEGAL DISCLAIMER
Unless otherwise stated, Dirt Legal’s customer-facing team is composed of enthusiasts and vehicle title professionals, not attorneys or financial advisors. Unless otherwise stated, no content found on Dirt Legal’s website is financial or legal advice, nor is any information given out by the company through any other medium. The receiver of any information or service(s) provided by Dirt Legal is responsible for determining how said information or service(s) relates to the laws and regulations of a given state, city, county, or other local area. Given the ever-changing nature of this information, there may be inaccuracies in information provided by Dirt Legal. As such, information obtained from Dirt Legal should not be treated as a substitute for financial or legal advice.
2. SERVICES
Company hereby agrees to perform the following services being purchased by Customer.
3. CUSTOMER REPRESENTATIONS
Customer hereby represents and agrees that:
a) Customer’s vehicle meets the DOT minimum equipment requirements of their state;
b) If it is necessary and/or required in Customer’s state, that Customer’s vehicle is insured;
c) Customer has a proper driver's license to operate their vehicle on the street. This may include a driver's license, motorcycle endorsement, or another state license.
d) Customer is the legal owner of the vehicle that is subject to this Agreement.
e) Customer understands that the street legal tag and title that they receive as a result of the services provided by Company may not transfer to their home state.
f) Customer will provide to Company all documents and other information necessary for Company to carry out its obligations under this Agreement. Such documents include, but are not limited to, a notarized power of attorney that will grant Company the power to perform all necessary actions to carry out Company’s obligations under this Agreement.
g) Customer understands that in many cases, Customer will be receiving an out-of-state tag/registration/title and that:
i) Every state has laws and regulations concerning the use of out-of-state tags, including but not limited to the amount of time that such tags may be used in the state;
ii) Customer is solely responsible for ensuring compliance with the laws of their state concerning the use of out-of-state tags; and
iii) Customer is solely responsible for any penalty levied against Customer for violation of their state’s laws and regulations.
4. FORMATION OF LIMITED LIABILITY COMPANIES
If you have purchased a service involving the formation of an LLC, the following provisions apply to you:
a) You authorize Dirt Legal to form an LLC for you on your behalf.
b) You understand that Dirt Legal will make every effort to form the LLC quickly, usually within 24 hours of your order being placed. Dirt Legal will email you LLC documents once the LLC has been approved.
c) Once Dirt Legal has formed an LLC, we can no longer offer a full refund of the service price. Final refund amount will be determined by our Refund Policy.
d) If a refund is issued on an order where an LLC has already been formed by Dirt Legal, the LLC will not be closed. You will retain ownership of the LLC and can use it for future orders or any other purpose. You can cancel the LLC after it is formed if you choose to do so, however doing so will not increase your refund amount.
e) For Montana LLCs: Dirt Legal will function as the registered agent of any Montana LLC formed. A $125 annual fee will be due to facilitate renewal of the LLC and to maintain Dirt Legal as the registered agent. The registered agent can later be changed if you decide to do so.
5. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Company, its agents, employees and officers, from any and all liability, cost, or expense, including but not limited to attorneys’ fees, arising out of or relating to the performance of the services provided by Company, regardless of whether caused in part by the acts or omissions of Company.
6. ARBITRATION
Any dispute, controversy or claim arising from, out of or in connection with, or relating to, this Agreement, or any breach or alleged breach of this Agreement, will upon the request of any Party involved be submitted to any private arbitration service in the State of Florida . The dispute once submitted shall be settled by binding arbitration conducted in the State of Florida (or at any other place or under any other form of arbitration mutually acceptable to Parties involved), provided, however, that in the event of any such controversy or claim, (i) neither party will initiate arbitration within the first thirty (30) days after the aggrieved Party first notifies the other Party of the controversy or claim and (ii) during such thirty (30) day period, both Parties convene at least once in a mutually agreed to location to endeavor in good faith to amicably resolve the controversy or claim. The single arbitrator shall follow and apply the federal rules of evidence and the applicable local federal rules governing discovery in the arbitration. Any award rendered shall be final, binding and conclusive upon the Parties and shall be non-appealable, and a judgment thereon may be entered in the highest State or Federal court of the forum, having jurisdiction. The expenses of the arbitration shall be borne equally by the Parties to the arbitration, provided that each Party shall pay for and bear the cost of its own experts, evidence and attorneys’ fees, except that in the discretion of the arbitrator, any award may include the costs, fees and expenses of a Party’s attorneys.
7. LIMITATION OF DAMAGES
a) Each Party hereby waives any right which it may have to claim or recover any incidental, special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages.
b) Company may not be held liable under this Agreement for more than the amount paid by Customer to Company here-under.
8. FORCE MAJEURE
Neither Party shall be in default nor liable to the other for any failure to perform directly caused by events beyond that Party’s reasonable control, such as acts of nature, labor strikes, war, insurrections, riots, acts of governments, embargoes and unusually severe weather provided the affected Party notifies the other Party within ten (10) days of the occurrence. Such an event is an Excusable Delay. THE PARTY AFFECTED BY AN EXCUSABLE DELAY SHALL TAKE ALL REASONABLE STEPS TO PERFORM DESPITE THE DELAY. If the Party is unable to perform within a reasonable period, this Agreement shall end without any further obligation of the unaffected Party.
9. WAIVER
Failure of either Party to insist in any strict conformance to any term herein or failure by either Party to act in the event of a breach or default shall not be construed as a consent to or waiver of that breach or default or any subsequent breach or default of the same or any other term contained herein.
10. SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected.
11. GOVERNING LAW; CHOICE OF FORUM
a) To the extent not preempted by federal law, the provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Florida, notwithstanding any choice-of-law or conflicts-of-law rules to the contrary.
b) The Parties agree that any legal action relating to this Agreement shall be commenced and maintained exclusively before any appropriate state court of record in the State of Florida.
12. ENTIRE AGREEMENT
This Agreement is the complete statement of the Parties’ agreement, and supersedes all previous and contemporaneous written and oral communication about its subject.
13. AMENDMENTS
Any amendment must be in writing, signed by both Parties, and state that it is amending this Agreement.
14. VALID AND BINDING
This Agreement constitutes a valid and legally binding obligation of the Parties, enforceable against the Parties in accordance with its terms, subject in all respects to the effects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other Laws relating to or affecting creditors’ rights generally and general equitable principles.
15. CONSENTS
No consent or approval of, or notice or filing with, any entity or other third party is required to be obtained or made by any Party in connection with the execution and delivery of this Agreement.
16. EFFECT OF TITLE AND HEADINGS
The title of the Agreement and the headings are included for convenience and shall not affect the meaning of this Agreement.
17. ATTORNEY FEES
If any legal proceeding is brought for the enforcement of this Agreement, or because of an alleged breach, default or misrepresentation in connection with any provision of this Agreement or other dispute concerning this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees incurred in connection with such arbitration or legal proceeding. The term “prevailing party” shall mean the party that is entitled to recover its costs in the proceeding under applicable law, or the party designated as such by the court or the arbitrator.