top of page

General Plan Terms   

  

CDL PROTECT MEMBERSHIP PLAN TERMS:

This is an Agreement between the Member and CDL PROTECT Inc, a Connecticut Corporation (CDL PROTECT). This is not an insurance contract but an agreement for specific services offered by CDL PROTECT to eligible Members.

By creating an account, you are not enrolling in the CDL PROTECT legal plan. Enrollment and agreement occur following creating an account and receipt, review and execution of this agreement.

The Member agrees to maintain monthly payments at the plan price (refer to Member application and below) for these services and benefits. If payment is not received on the scheduled billing date (see below), then the Member understands that their account and all associated services and benefits will be immediately suspended (see below).  

Definitions:

“Service Provider” is any third-party business or individual, including but not limited to:

Attorneys, Towing Companies, Repair Shops, Parts Shops, Truck stops, Dealerships, and any other third-party business.

CDL PROTECT reserves the right to affiliate with including but not limited to: service providers, vendors, parts sellers, truck stops, and any other third-party business, contractor, or individual and resale the services for a modified, reduced, or stipulated price and make or receive such payments without any further disclosure.

This Plan is offered through CDL PROTECT Motor Club of USA .

This is not an automobile liability insurance contract or physical damage insurance and does not comply with any financial responsibility law.

CDL Protect is not a Law firm and its employees are not Attorneys at Law.

Member Eligibility

To qualify for CDL PROTECT’s CDL PROTECTION PLAN, you must have a state commercial driver’s license (CDL) in good standing. You agree to notify CDL PROTECT Inc. within 10 days of your state CDL designation being revoked or suspended or your state driver’s license being revoked or suspended.

Member represents to CDL PROTECT Inc. that their State Driver’s license and CDL designation were obtained by lawful means.

Member represents to CDL PROTECT Inc. that the use of their CDL driver’s license is only intended to be used for lawful purposes.

Legal Coverage

Membership within the CDL PROTECT legal plan will compensate the member for the three covered offenses in any calendar year as provided in the schedule of covered offenses (hyperlink). CDL PROTECT is not liable for fines that are not listed. At member’s direction, CDL PROTECT will pay to the legal representative that the member has selected or the legal representative that the member has been matched with through the CDL PROTECT NETWORK. CDL PROTECT will not honor any agreements that are not made between member and CDL PROTECT and will only consider compensation under the express terms of the Agreement between the member and CDL PROTECT.

Furthermore, this plan doesn't cover "0 Points Violations", VIOLATIONS THAT DON'T ADD ANY POINTS TO THE DRIVING RECORD BY THE MEASUREMENTS OF FMCSA.

CDL Protect reserves the right to determine that fighting a violation is meritless as based on previous court rulings regarding such violation. Member will afford CDL Protect reasonable discretion in determining whether the effort of fighting the citation will NOT Generate favorable outcomes, may be deemed frivolous, or vexatious. As an example: CDL protect may determine a fighting an offense to be meritless in counties and courts where the have policy against "Masking CDL Citations. In such instances of meritless litigation, CDL Protect has no obligation to confer benefits under this plan upon the member.


 

Notice of Offense

The Member agrees to provide notice of any offense for which they seek benefits under this plan within 3 days of the citation of the offense by the enforcement officer or agent of the jurisdiction. This provision of notice shall be considered “Notice of Offense”.

Hold Harmless

CDL PROTECT shall not be liable to Member, its agents, servants, employees, contractors, customers or third parties for any damage to person or property caused by any act, omission or neglect of Member. Without limiting or being limited by any other indemnity in this Agreement, but rather in confirmation and furtherance thereof, Member agrees to indemnify, defend by counsel reasonably acceptable to CDL PROTECT and hold CDL PROTECT harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of any nature to any individual resulting from any act, or omission, or neglect of the Member, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Member in or about any offenses of the Member, or from any breach or default on the part of Member in the performance of any covenant or agreement on the part of Member related to any benefit or term of this Agreement, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, or third parties.

Consent to Third Party Contact and Information

Member agrees that CDL PROTECT may communicate personal information for the purpose of putting you into communication with a Service Provider. You understand and consent to allow contact by such legal service provider within CDL PROTECTS Service Provider network.

Member further agree that CDL PROTECT is not responsible for the use of information by Service Providers or any acts or omissions by such third parties.

Member acknowledges that all information provided to CDL PROTECT may, within reason, be transmitted in order for CDL PROTECT to further service the Member.


Plan Benefits

Following Member providing Notice of Offense, CDL PROTECT, will contact an attorney within a provider network. The Benefits Member may be entitled to will be paid to an attorney or legal service provider following provision to CDL PROTECT of a written retainer agreement delivered from an attorney or legal service provider and by that attorney or legal service provider and between such member.

Should CDL PROTECT not have a suitable Service Provider for referral, or should no retainer be provided prior to the identified answer or return date of a citation, CDL PROTECT may, in its discretion provide benefits to the plan Member.

Specific benefit amounts are detailed under MEMBER’S COVERED BUSINESS OR EMPLOYER AND BENEFIT RATE <href>

Right of Recission

Upon agreement, the Member has three (3) days to cancel the Agreement. You may cancel the Agreement for any reason without any penalty or obligation, so long as the cancellation is made in a writing sent to CDL PROTECT at the email or physical mailing address below and dated within three business days of the date indicated on the Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.

Non-Assignable 

This Agreement shall be non-assignable by the Member unless prior written consent of the CDL PROTECT is received. If this Agreement is assigned or otherwise transferred, it shall be binding on all successors and assigns.

Materiality

Member agrees that every clause of this Agreement is material and that failure to comply with any clause of this Agreement constitutes a material breach (see below).

Remedy for Breach by Member

Member agrees that the remedy for material breach of the Agreement by Member shall be the right of CDL PROTECT to immediate termination of benefits under the Agreement and to reimbursement of those costs that reasonably associated with and consequential from the breach by the Member.

Remedy for Breach by CDL PROTECT

Member agrees that the remedy for material breach of agreement by CDL PROTECT shall be solely limited to liquidated damages of $500.00.

No Other Representation

Except for the representations and warranties contained in this Agreement, CDL PROTECT does not make, and hereby disclaims, any other representations or warranties. 

Billing Dates and Cycles

A billing cycle is defined as any calendar month. Except for the initial billing cycle, all billing dates will be the 15th of the month without exception. This billing date (the 15th of every month) will be the first day of every billing cycle). Member agrees that CDL PROTECT can automatically bill the Member on the 15th of every month.

Member authorizes CDL Protect and to regularly draft my bank account/credit card in the amount specified by the CDL PROTECT plan and per member’s CDL PROTECT membership agreement. Member agrees that no prior authorization will be provided unless the date or amount changes.

Termination

Member may terminate this agreement at any time for any reason. Unless terminated pursuant to a separate clause of this agreement, the Member will be entitled to Benefits under this agreement until the first day of the next billing cycle and CDL PROTECT will be entitled to payment of $250.00 or, in the instance the Member has terminated this Agreement less than a year from execution of this Agreement, then CDL PROTECT will be entitled to payment of all benefits paid to the Member.

CDL PROTECT may terminate this agreement at any time for any reason. Unless terminated pursuant to a separate clause of this agreement, CDL Protect will no longer be entitled to payments from the Member if CDL Protect has sent Notice of termination.

All termination Notice must be in writing and in conformity with the Notices clause of this Agreement.

Plan Price

The plan price will be that which corresponds to your selected legal plan services (hypertext link needed). The specific legal plan subject of this Agreement is indicated in the appropriate section below.

Price Changes

CDL PROTECT reserves the right to change any price/fee, provided that CDL PROTECT provides member without any notice to Member. However, CDL PROTECT agrees to not bill at a changed price until the next billing cycle following the publication of the price change.

Compliance with Laws 

Member agrees to comply with all applicable international, federal, state, and local laws, statutes, rules, and regulations (each a “Law” and collectively, the “Laws”). However, CDL PROTECT will not determine the member to be in breach of the Agreement for reporting to CDL PROTECT.

Choice of Law

Member agrees that Connecticut State Law will govern this Agreement regardless of where you might reside, where your application might be sent from, or where you may use the benefits under the Agreement. To the extent that any other state or jurisdiction provides you more rights than you would be entitled to under Connecticut State Law, you waive such rights and agree that all your rights and obligations under this contract will be strictly interpreted under Connecticut State Law.

Nothing in this Agreement shall be construed to permit either party to violate any law in any jurisdiction or policy of any government entity.

Member agrees that, while this Agreement references various laws of various jurisdictions, none of the referenced laws or laws associated with any benefits under this Agreement have any substantive bearing on the rights and obligations of either party under this Agreement and that the substance of this Agreement shall be interpreted solely by the laws of the State of Connecticut.

Notices

Any notice shall be deemed duly delivered on the earliest of (i) the date sent, if transmitted via email during normal business hours to the receiving party’s email address provided in the Agreement, and otherwise on the subsequent business day if transmitted after normal business hours; or (ii) the date of delivery, or refusal to accept delivery, if sent by a nationally recognized courier to the receiving party’s mailing address provided in the Agreement. Member agrees to promptly notify CDL PROTECT in writing of any changes to Member’s mailing address and personal, email address. CDL PROTECT is entitled to rely upon the last known mailing address and email address for Member in CDL PROTECT’s records, and any notices mailed or electronically transmitted to such addresses shall be considered effective for the purposes of this Section.

Survival 

These Terms shall survive the termination of this Agreement whether by CDL PROTECT or MEMBER, for any reason.

Severability

If the Agreement, these Terms, or any portion thereof, are deemed invalid or void at law, the Agreement and/or the Terms shall be construed as though such portion or provision had not been inserted and the remainder shall remain in full force and effect.

Modification and Waiver 

A party’s failure to enforce the Agreement, or Member’s failure to enforce these Terms, or any of the provisions in either the Agreement or these Terms, shall not be construed as a waiver of such party’s right to demand strict performance of the Agreement or these Terms, as applicable, or any provision or any right, power, or privilege thereunder or hereunder. Neither the Agreement nor any provision thereof may be waived or amended except in a writing signed by both Member and CDL PROTECT.

Dispute Resolution, Indemnification, and Unrelated Business

(a)   As permitted by Law, all Disputes between CDL PROTECT and Member will first be mediated by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (“Rules”). Any Dispute between CDL PROTECT and Member not resolved by mediation will be settled by neutral binding arbitration in accordance with the Rules, as permitted by Law. For the avoidance of doubt, CDL PROTECT and Member may elect to, but are not required to, mediate or arbitrate any Disputes involving claims of sexual harassment or sexual assault between the parties.

(b)   The Agreement shall be interpreted in accordance with the Laws of the state in which CDL PROTECT is licensed. The location of any mediation or arbitration between Member and CDL PROTECT will be the county (or comparable governmental unit) in which the Member resides. In connection with any mediation or arbitration, Member and CDL PROTECT will each pay its own fees and expenses, including, but not limited to, attorneys’ fees (subject and without prejudice to CDL PROTECT’s right of indemnification). The parties agree that the designated arbitrator shall be experienced in the resolution of commercial independent contractor and/or employment disputes. In the event of disagreement as to the appointment of the arbitrator, the AAA will continue to provide lists of eligible arbitrators to the parties until they reach a consensus. Absent exigent circumstances, the arbitrator shall not allow for more than one deposition per party. Except as may be required by Law, neither a party nor a mediator or arbitrator may disclose the existence, content, or results of any mediation or arbitration arising out of or related to the Agreement or dispute between CDL PROTECT and Member without the prior written consent of all parties.

(c)   To the fullest extent permitted by Law, each party waives the right to litigate in court or arbitrate any Dispute as a class action, either as a member of a class or as a representative, or to act as a private plan attorney general. Each party understands that by entering into the Agreement, which incorporates by reference these Terms, they are, to the fullest extent permitted by Law, knowingly, willingly, and intentionally giving up their right to a jury trial in the event of a Dispute.

(d)   If Member is or becomes involved in a Dispute, Member shall immediately report the Dispute in writing to, and fully cooperate with, CDL PROTECT. To the extent that CDL PROTECT’s errors & omissions insurance policy does not cover the Costs (as defined below), Member shall indemnify, defend and hold harmless CDL PROTECT from all claims, damages, costs, expenses, judgments, awards, and liabilities, including reasonable attorneys’ fees (collectively, the “Costs”), arising from or related to the willful, reckless, or negligent acts or omissions of Member, acts of Member which are outside of Member’s authority, or any activities of Member other than those required for the performance of the Services, including, but not limited to, any activities not otherwise authorized as licensed activities by the Applicable Authority. In Disputes in which there is no binding determination that CDL PROTECT has acted or failed to act willfully, recklessly, negligently, or outside of the scope of CDL PROTECT’s authority, or if the parties are not determining those issues at that time, Member shall share the Costs arising from or related to the Dispute. Member’s share of the Costs shall be in the same for either party. The sharing of Costs shall be without prejudice to CDL PROTECT’s right of indemnification.

(e) Should resolution be impossible through mediation and/or arbitration. Member agrees that all actions for legal claims must be brought in the jurisdiction of a competent Court of the State of Connecticut. Hereby, the Member agrees to waive all other State jurisdictions and waive Federal jurisdiction by way of subject matter or diversity. The Member recognizes the competency of Courts of the State of Connecticut to hear any disputes under this agreement or refer, sua sponte, such dispute to the jurisdiction of their discretion.

Unrelated, Unaffiliated, or Non-Affiliated Business.  

The member will indicate to what business name they operate their CDL under, if any (the “Covered Business”). In the event that Member was formerly, is currently, or in the future may become, engaged, involved, or affiliated in any capacity, whether directly or indirectly, whether as an owner, manager, director, officer, shareholder, employee, consultant, advisor or other capacity, with any outside business (i.e., a business unaffiliated with CDL PROTECT and its Affiliates), including but not limited to any use of their CDL license, etc. (together with any of its or their parents or subsidiaries and any entities or persons presently or formerly affiliated or related, along with the officers, directors, employees, Members, contractors, sub-contractors, representatives, successors, assigns, and volunteers of each), such business shall be considered unrelated to this contract. Unless otherwise expressly set forth in a written agreement between CDL PROTECT and such third-party, CDL PROTECT is and shall not be affiliated with any such Unrelated Business and shall not be subject to any business or other obligations of any such Unrelated Business. Member, in Member’s individual capacity and on behalf of Member’s Unrelated Business, shall indemnify and hold harmless CDL PROTECT and CDL PROTECT’s Affiliates (and each such party’s owners, shareholders, officers, directors, managers, employees, and Members) from and against any and all claims, liabilities, damages, losses, expenses, penalties, fines, sanctions and the like, including reasonable attorney’s fees and expenses incurred by CDL PROTECT which arise out of Member’s Unrelated Business or any act or omission of Member in connection with the Unrelated Business. CDL PROTECT shall not be liable for any obligation or liability incurred by Member, including for any obligation or liability related to or incurred by Member.

Miscellaneous

This Agreement between the parties, as may be amended, restated, modified, and supplemented from time to time and these terms constitute the entire understanding between the parties, and supersede all prior agreements regarding the same covered benefits and services. These Terms are subject to modification and may be updated from time-to-time in CDL PROTECT’s sole discretion. 

CDL PROTECT reserves the right to modify the current services, add and/or remove any other supplementary services product, benefit, or discount, offered by CDL PROTECT any CDL PROTECT partners or any other affiliated vendor, business, individual  at any time,

CDL PROTECT Inc, its officers, partners, employees insurance agents, insurance carriers and other affiliated businesses and third party entities and individuals  shall not be liable to Member, its agents, servants, employees, contractors, customers, or third parties for any damage to person or property caused by using including but not limited to: any services ,product, vendors, affiliated or unaffiliated third-party business or individuals contacted, promoted, recommended or otherwise offered through CDL PROTECT, its employees partners affiliates, or contractors.

CDL PROTECT Inc. may prioritize its affiliate service providers as it may so choose from time to time.


 

CDP PROTECT ROADSIDE ASSISTANCE SERVICE PROGRAM TERMS

Definitions:

Service Provider : Any third-party contractor, including but not limited to: Towing companies,attorney.

 

Essential CDL Roadside Assistance Service -  Commercial Roadside Dispatch Service

● No additional charges on the plan for this service.

Description of Service:

Concierge type of service for both Cdl and Non-Cdl members that may be provided via phone and text messaging.

The agent will help the member find roadside repair services, towing companies, repair shops, and other needed services in the Area available in the area, depending on; including but not limited to 

-Service providers available in the area for the requested services.

-Weather conditions

-Agent availability

- Any other possible factor that may prevent CDL Protect and its Agents, employees, and/or other third-party contractor/service providers or affiliates from providing the requested or expected service.

 

This service DOES NOT replace nor substitute 911.

If you’re in a state of emergency, please call 911.

 

CDL Protect reserves the right to include or exclude, or suspend this concierge service in the plan of each member on a case-by-case basis.

CDL Protect reserves the right to discontinue this service at any time.

CDL Protect does not guarantee any call times or availability of this service.

By calling the “roadside service hotline,” the member agrees to the following terms and conditions.

CDL Protect inc will assist the member only with contacting a roadside service towing company, 

CDL Protect will attempt to follow the member's instructions regarding priority between the arrival time of the roadside service and the estimated cost

CDL Protect is not offering any type of payment; towards any repair, parts, towing or any other fees or costs under this service, unless expressly stated in a written agreement between the member and CDL Protect inc.

CDL Protect does not promise nor guarantee the lowest price on the market or any arrival times of the services. Furthermore, CDL Protect does not make any promise or guarantee towards, including but not limited to: the quality of the service, price of the service, product, or parts obtained from any third-party business or individual.

CDL Protect reserves the right to choose, recommend and prioritize affiliated businesses, towing companies, repair shops, parts vendors, and any other service or product requested by the Member.

CDL Protect inc reserves the right to resell services, products,  benefits, and any other good obtained from any affiliated or unaffiliated business, vendor, product, or service for a modified, reduced or stipulated price to the member without any further notice or disclosure other than the provided disclosure in this agreement.

CDL Protect inc reserves the right to disclose any modification, discount, or stipulation applied on a case-by-case basis.

Any requested payment processing services by a member are subject to processing fees of 7.2% or $100, whichever is higher.CDL PROTECT INC reserves the right to affiliate with including but not limited to: service providers, vendors, parts sellers, truck stops, and any other third-party business, contractor, or individual and resale of the services for a modified, reduced, or stipulated price and make or receive such payments without any further disclosure.

CDL PROTECT INC Reserves the right to prioritize its affiliates' service providers

Additional Benefits:

In case of a; Breakdown or Serious Accident(“Loss) causing the vehicle to be disabled; the following benefits are available, 

Pay Per Call rate of $120 Hotel Room  If repair is needed overnight,  $50 for  Transportation fees if the vehicle is disabled.

Limitations on additional benefits:

All claims for any of the above “Additional Benefits” must comply with the following for the payment to be issued:

● All Claims for “Additional benefits” must be reported while the driver “is in need”, (meaning the same day of the “Loss”)

● The report must include the contact information of the towing company, along with any other evidence that might support the claim

Disclaimer of Liability

The Cdl Protect “Motor Club” will not accept any responsibility for repairs or the availability, delivery, towing charges, or installation of parts.  All parts used and services provided by the service facility must be authorized and paid for by the customer.

Since all Authorized service providers are independent contractors and not agents or employees of the Motor Club, the Motor Club assumes no liability for any damage to the vehicle resulting from the rendering of service or for personal items left in the vehicle.  Any claims for personal injury or damage to property must be filed against the servicing facility/service provider.

Benefits and dues are subject to change upon membership renewal.  Services are available in the United States; Location Limitations may apply.

 

Method of payment for additional benefits:

All payments will be issued only after successfully verifying the claim with; the towing company, repair shop, Police Enforcement or Hospital Representative.

The timeframe for the approved funds to become available on your account may vary, depending on;

Bank Processing times and other contributing factors.

Exclusion of Verification

CDL Protect reserves the right to issue payments prior to verification with; the towing company, repair shop, Police Enforcement or Hospital Representative on a case-by-case basis.

 

Validity and verification

If the Claim can’t be verified post factum, within the acceptable criteria of practices of CDL PROTECT, CDL Protect may decide to pull the full amount issued regarding the “claim” in question from the member’s card on file, without any further notice.



 

Termination of Benefit:

 The Motor Club may terminate or decide to NOT renew your membership for any reason by providing a written notice (3)three days prior to the renewal date.  The Motor Club may terminate your membership for fraudulent use of the services with a written notice.

 

CDL PROTECT “HORUS GPS” SERVICE PROGRAM AND EUL AGREEMENT 

Definitions:

“Horus GPS” also below referred to as ”CDLP CDL” and “Horus GPS”

Is a project of CDL Protect with various manufacturers and developers.

Horus GPS may reffer to the GPS Telematics Solutions (Web Platform, Mobile App, and GPS Tracker)

“Service Provider” includes but is not limited to; Any third-party Towing, Recovery, Vendor, Roadside Repair, Tire Shop and any other Third-Party Provider of any Products and/or Services

 

Terms & Conditions

Last Updated – December 13, 2022

 

Your participation in the Horus GPS program (CDLP GPS) and use of our application for is expressly conditioned on your acceptance of these terms and conditions. If you do not agree with any part of these terms and conditions, you should not participate in CDLP GPS.

CDL Protect (CDL Protect) reserves the right to modify the terms and conditions at any time. Modifications to these Terms and Conditions can be viewed by logging in to your membership through CDL Protect.com. Continued participation in Horus GPS by you will constitute your acceptance of any revisions to these terms and conditions. Please check this page regularly.

 

About Horus GPS Mobile

 

CDL Protect offers a GPS based addon program, called Horus GPS, which allows customers to inure additional benefits including possible safety and recovery assistance. With Horus GPS, you may be more safe on the road.

Customers who enroll in the mobile application version of Horus GPS use their smartphone to collect data through the App. CDL Protect will use this data to transmit electronic data to CDL Protect.

To participate in the Horus GPS mobile program, each customer agrees to download the App, complete the registration process, and keep the App enabled while driving unless notified by CDL Protect.

 

About the Horus GPS Hardware

Waiver of Warranty of Merchantability or all other Warranties: 

THE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND SELLER EXPRESSLY DISCLAIMS, AND BUYER HEREBY EXPRESSLY WAIVES, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER DOES NOT REPRESENT OR WARRANT THAT: (i) THE PRODUCT WILL MEET BUYER'S REQUIREMENTS, (ii) THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, (iii) ERRORS IN THE PRODUCT WILL BE CORRECTED, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE OR, (v) THE QUALITY OF THE PRODUCT OR ANY WORK PRODUCT RESULTING FROM USE OF THE PRODUCT WILL MEET BUYER’S EXPECTATIONS.

Waiver of Warranty of Make/Model/Specification/Conformity:

The GPS unit supplied is not guaranteed to be of any make, model, specification. The GPS unit is not warranted to conform to any specific criteria or usage specification. The GPS unit is intended to interface with the App and provide data but it may not function properly or at all. It is upon you to confirm that CDL Protect is receiving data once you have enrolled in the program. You agree to hold harmless and waive liability of CDL Protect for the GPS unit’s failure to function as intended. CDL Protect may contact you if they find that information transmitted by the GPS unit has ceased being transmitted unexpectedly. Such contact will not be deemed a waiver of this provision.

 

The Mobile App for Horus GPS

 

Eligibility. Eligibility for the Horus GPS program using the App is determined by whether (a) all members have an iPhone® or AndroidTM smartphone, (b) all vehicles are eligible for Horus  GPS mobile and (c) all members enroll in Horus GPS. Permit drivers are not considered eligible. Drivers that are leasing the equipment must have express signed consent by the owner of the vehicle that the GPS Unit is to be installed.  Its highly illegal to install this device on a vehicle that doesn’t specify you as “owner” on the Vehicle Title.

Exclusion: Signed and Notarized Express Consent by the owner. in which the “owner” of the vehicle acknowledges that he is informed of such installation and agrees to proceed forward.

In such case, the Vehicle/Equipment owner MUST be provided  “Account Credentials”

 

Qualifications based on Ownership:

To qualify for ordering the devices and using platform or mobile app, the member / ”vehicle owner” must provide the title of the vehicle where he intends to install the vehicle.

The Member/“vehicle owner” must send a notarized statement of goodwill, that won't use any features of the device, platform, or mobile app with any intent to cause harm or any other type of intended malice towards the driver.

Further more The owner agrees that he won't use the device as a tool of extortion, blackmail or any other vengeful or other retaliatory manner

 

Plan Transferability:

In case that the vehicle with installed device  is sold to another party

The vehicle owner/”seller MUST Disclose that the vehicle is  Equipped with “anti - theft - Gps Device”

And all of its features.

Furthermore - Member/vehicle owner Must disclose such transfers of ownership Immediatelly to CDL PROTECT - and provide the Vehicle Buyer’s contact information.

 

Enrollment. Enrollment in the Horus GPS addon plan will occur upon completion of the following steps:

You enroll in Horus GPS, either online, over the phone, or through your CDL Protect agent (where available);

You provide a valid e-mail address; Company details, Vehicle Details and

You accept these Terms and Conditions for participating in the Horus GPS program and

All drivers enrolled in Horus GPS register the App within 45 days after enrollment.

Getting the App. You can download the App from Google Play Store and on the web  at https://horusgps.us

 

Registration.

Each “Vehicle Owner” and qualified eligible member that has ordered a gps device, will be supplied with account credentials which they can use to access online and mobile app accounts.

 Each “Vehicle Owner” and qualified eligible member that has ordered a gps device, will need to acknowledge the Mobile Application for Horus GPS Terms and Conditions and the Horus GPS Privacy Statement to complete registration; if not, the registration will be unsuccessful. The App should be kept on all necessary personnel (Company Owners, Fleet Managers, Dispatch, Safety Personal, Vehicle Owners) phone devices, so all the alerts will be monitored and addressed accordingly

Data collected. Once downloaded and registered, the App will run in the background and collect driving and phone sensor data (“Horus GPS Data”), which will be uploaded to CDL Protect and available for review through the App. Horus GPS Data includes vehicle speed and location using GPS, time information, phone usage, and data from the phone’s sensors. Other information, such as trip duration, trip regularity (taking the same routes on a regular basis), and rates of acceleration and braking, is derived from speed, location, and time information. Location information may be used for underwriting purposes, to detect whether an accident may have occurred, stolen or lost vehicle tracking, or to assist in resolving legal issues or claims, as further described in Acknowledgement / Consent; and for research and development purposes. Phone and App analytics information is also collected, as described in the CDL Protect Privacy Statement, located at [[PRIVACY POLICY LINK)]]

Collection of your Horus GPS Data will begin on your first contact date, which is the latter of when App registration is successfully completed or the effective date of your membership.

 

Safe Use of the Application. When using the App, please ensure that you:

 

Obey all traffic laws, including any laws that restrict the use of mobile devices while driving;

Use the App only when it is safe to do so and when it will not create any unnecessary distraction; and

Do not use the App for any illegal, hazardous, or unauthorized purposes, or in a manner that is not consistent with these Terms and Conditions.

Ownership, License. The App is the property of CDL Protect and its service provider, and is provided for each vehicle you enroll for participation in Horus GPS. You are hereby granted a fully paid, nonexclusive, non-sublicensable, non-transferable, time-limited, revocable license to use the App subject to these Terms and Conditions. CDL Protect and its service provider retain all right, title, and interest in and to the App. You may not reverse engineer, disassemble, decompile, alter, duplicate, translate, make copies, or create derivative works from the App, except to the extent allowed under applicable law. If applicable law permits such activities, any information discovered as a result of these activities must be promptly disclosed to CDL Protect and is deemed to be the confidential and proprietary information of CDL Protect and its service provider.

 

The App contains certain third party software licensed under Open Source licenses.   See the App’s End User License Agreement for the applicable notices and licenses relevant to that software.

Deleting the App.  If the App is deleted, you may be opted out of the Horus GPS program. See “Horus GPS Pricing – Ending your enrollment” below for details.

 

Intended Use and Purpose:

Any Permissible Usa and Usage of of this Software/hardware  must comply with the following:

  1. The Carrier will use this technology( hardware and software) ONLY for its intended Purposes Which are :

               Fleet Management

               Monitoring Daily Activities of the Fleed

               Theft-Prevention


 

  1. The Carrier Will use the full power of features of this device in goodwill and without any intend of malice.

  2. The Carrier Will not use this device in a matter of “retaliation against drivers”

  3. “Remote Anti-theft Feature can and will be used only when the situation justifies the use satisfies all of the below rules and requirements :  

  • Doesn’t cause any potential harm, damage ,injurie or death

  • Doesn’t violate any Human or Employee rights

  • Doesn’t Violate any State and/or Federal Laws

 

  • The “Member/”User Must Refresh the Vehicle Location and ensure that the vehicle is PARKED or IDLING  and Must ensure that the “Device” is “Online” meaning responds to the” inquiry for the request for location Update.

  1. This Device Is solely permissible to be  installed in vehicles for which “The Member”/Carrier” are the “Legal Owner” of the vehicle -

 Meaning if “Member’s”/ “Carrier’s” name is specified on the “Title of Ownership” of the vehicle.

  1. Installation of this vehicle of a vehicle that you don’t own is Highly Illegal and The Unauthorized user will be solely responsible for such actions in the court of Law.

  2. The Member/Carrier Shall under any circumstances engage in to any disassembling,reverse engineering or unintended use  of the Software or Hardware, Web Platform Or Mobile Application


 

Acknowledgement/ Consent

By enrolling in Horus GPS, you represent that you have the consent of each Horus GPS participant to (a) provide information collected by the smartphone to us, and (b) permit us to retain and use the information as described in these terms and conditions. Once the Horus GPS Data is sent to us, the recorded information will remain on the smartphone for a limited time for viewing, and then be deleted. CDL Protect will retain information collected or derived from the App as required by our record retention policies.

Horus GPS Data may be useful in determining the cause of an incident or accident (“Accident”). If you’re in an Accident, you may have a legal obligation to preserve the information on your phone. This information may be sought by opposing parties in a civil lawsuit or by police when investigating the cause of an Accident, or we may be legally obligated to provide such information in response to a subpoena or as otherwise required by law.

You agree we may monitor and analyze Horus GPS Data for detecting whether an Accident may have occurred and for” Commercial Roadside Dispatch Services” to help locate the exact location of the vehicle” and providing that location to a third-party Service provider . If your data is potentially relevant to an insurance claim, you agree we may use Horus GPS Data to assist in resolving the claim.  This may include, but is not necessarily limited to, validating the circumstances of the Accident, such as date and time of loss and crash location; making liability and coverage determinations, and conducting investigations of membership and/or claims fraud and material misrepresentation; and any potential subrogation or litigation involving the claim. However, you agree that CDL Protect has the discretion to deny unlawful requests or unlawful subpoenas for the above information.

The App temporarily stores Horus GPS Data on your smartphone, and then uploads it for processing by CDL Protect. Transmission of Horus GPS Data uses a portion of data on your cell phone plan. The online connection required to use the App, and any associated charges (e.g., mobile data expenses) incurred by your use of the App, are your exclusive responsibility and made solely at your expense.

For most smartphones, battery consumption is negligible when not collecting Horus GPS Data. When driving, battery consumption is comparable to other driving and navigation apps. If the phone’s battery power is low, the App will reduce the data collected to conserve energy. Care should be taken to charge the battery while driving if you take longer trips.

 

Horus GPS Data

Privacy. We're committed to protecting your privacy and earning your trust, and understand you may have questions about how we use the Horus GPS Data we collect. In addition to our commitment to you in our Privacy & Security Policy at CDL Protect.com, we explain what we will and won’t do with Horus GPS Data in our Horus GPS mobile Privacy Statement, located at www.cdl.club/privacy-policy

Viewing Horus GPS Data. Customers will be able to review reports on their driving habits produced from Horus GPS Data through the App. Location information and trip maps are only available on the individual phone which collected the information.

Limited Horus GPS Data for all Horus GPS participants will be available to customers who log into their account online or via the CDL Protect mobile app. No location data for other phones will be available – just summaries of hard braking, hard accelerations, time of day, distracted driving and mileage.

 

Communications

We will periodically send you reminders and other information through the App, by email, and/or by phone while you’re participating in Horus GPS.

 

Your Representations

You represent and agree that:

You are solely responsible for any data charges resulting from your use of the App;

The App is intended for use by users who are of the legal age required by your state to hold a driver’s license; and in any case, that you are at least 18 years old;

You are not on any U.S. Government list of prohibited or restricted parties.

Disclaimer / Limitation of Liability

YOU UNDERSTAND THAT THE APP, INCLUDING OPEN SOURCE SOFTWARE INCORPORATED THEREIN, IS, TO THE FULLEST EXTENT PERMITTED BY LAW, BEING PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.   YOU AGREE THAT WITH REGARD TO YOUR USE OF THE APP THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, CDL PROTECT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES OF ANY NATURE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS OF OPEN SOURCE CODE USED IN THE APP BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

CDL Protect reserves the right to modify or terminate the Horus GPS program at any time and for any reason.


 

RoadSide Assistance/Theft Response

 

In your state or situation, the App may be used both as GPS Locator/Tracker and as a powerful anti-theft device.  In case the Member, or other “authorized company representative requests “Roadside Dispatch/Assistance Services”  We use the sensors in your installed Horus GPS Device to obtain the exact location of where you are located for the purposes of sending to detect if you are in a major motor vehicle collision or theft (“Event”).  Accident Alerts/Vibration Alerts is turned on by default, but you can turn it off in the Settings within the App. 

When Roadside  RESPONSE is requested, you expressly consent to allow CDL Protect and/or its vendor(s) to contact you or your device by push notification, in-app message, text message, or phone call, including through use of an automatic telephone dialing system, in connection with the detection of an Event.  You also consent that any call made to you or your device may be recorded.

If an Event is detected and an ambulance or tow is dispatched, we will automatically open an investigation under your membership.  We may or may not follow up by contacting you depending upon the investigation results. We will not automatically open a investigation if only a tow is dispatched, and you pay for that tow out of your own pocket when service is rendered.   

The App is intended to detect major Events, but may not detect all Events. Additionally, the App may incorrectly identify some non-collisions as Events.  You will be required to pay for ambulance, investigative, any types of damages or repairs and/or towing services.

Roadside Assistance/”Accident Response” will only be available while the App is installed and all required permissions are enabled. Accident Response is available to eligible members in states where the App is available. Accident Response will only detect Events and provide tow and ambulance services in the 48 contiguous United States, plus Alaska, Hawaii, and the District of Columbia; and only when the App is actively monitoring driving.

CDL PROTECT AND ITS VENDORS DO NOT WARRANT OR GUARANTY THAT ACCIDENT OR THEFT RESPONSE PROGRAM SERVICES WILL WORK IN ANY OR EVERY CIRCUMSTANCE, DETECT AND/OR REPORT ANY OR ALL COLLISIONS, AVOID ANY FALSE POSITIVES, OR THAT AN AMBULANCE OR TOW WOULD BE PROVIDED IF AN EVENT OCCURS, EVEN IF REQUESTED.  WITHOUT LIMITATION, HARDWARE ISSUES OR FAILURES MAY PREVENT EVENT DETECTION, LIMITATIONS OR ERRORS IN THE ALGORITHM, AND PROCESSES USED BY THE APP MAY NOT FUNCTION PROPERLY.  THE ACCIDENT RESPONSE PROGRAM IS NOT A REPLACEMENT FOR 911. YOU ARE ENCOURAGED TO ALWAYS DIAL 911 IMMEDIATELY IN THE EVENT OF A SERIOUS CRASH, OR A CRASH INVOLVING INJURY.

YOU UNDERSTAND THAT CDL PROTECT AND ITS VENDORS CANNOT ASSURE YOU, OR MAKE ANY GUARANTEES, ABOUT THE MANNER OR TIMELINESS OF THIRD-PARTY EMERGENCY RESPONSE OR EVEN WHETHER THIRD PARTY EMERGENCY RESPONDERS WILL IN FACT RESPOND TO YOUR EMERGENCY AT ALL.  IN NO EVENT SHALL CDL PROTECT AND ITS VENDORS BE HELD LIABLE IN INSTANCES WHERE THE APP HAS BEEN HINDERED FROM OPERATING; FOR THE TIMELINESS OF THE RESPONSE OF EMERGENCY ASSISTIVE SERVICES OR THEIR FAILURE TO ARRIVE AT THE SCENE OF THE COLLISION; AND WHERE THE ACCIDENT RESPONSE PROGRAM FAILS TO OPERATE AS DESCRIBED OR EXPECTED.

CDL PROTECT MAKES NO GUARANTEES AS TO THE RECOVERABILITY OF A LOST OR STOLEN VEHICLE OR ANY TRANSPORTED ITEMS. CDL PROTECT WILL COMPLY WITH ANY LAWFUL REQUESTS TO DISCLOSE Horus GPS DATA FROM A GOVERNMENT OR LAW ENFORCEMENT AGENCY BUT IS NOT RESPONSIBLE FOR ANY FURTHER ASSISTANCE, AND YOU AGREE TO HOLD HARMLESS AND WAIVE ANY LIABILITY FOR CDL PROTECT RELATED TO DAMAGES FOR A LOST OR STOLEN VEHICLE.

Communication Consent for CDL Protect

By providing your contact information here, you agree to receive communications from CDL Protect and/or our selected vendors. These communications may include offers, opportunities, and other relevant updates.

Opt-Out Options:

Text Messages: Reply with "STOP" to any text message to unsubscribe.
Emails: Click the "unsubscribe" link in any email to opt out.
Your privacy is important to us. Your information will be protected according to our Privacy Policy. For more details or to update your preferences, please contact our customer service.

by providing your information and opting-in on our website forms you agree to the Communication Consent terms.

bottom of page