TERMS OF SERVICE AGREEMENT
This Service Agreement (the “Agreement”) is between Title Gods, LLC, a Florida 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 recovering their vehicle titles for cars, trucks, motorcycles, boats, ATVs, and other vehicles.
WHEREAS, Customer desires for Company to assist Customer in recovering the title for their car, truck, motorcycle, boat, ATV, and other vehicle.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein, the Parties hereby agree as follows:
Company hereby agrees to perform the services identified in the “Title Service” package being purchased by Customer.
2. CUSTOMER REPRESENTATIONS
Customer hereby represents and agrees that:
a) Customer’s vehicle does not have any active liens;
b) Customer’s vehicle does not have any thefts;
c) There are no legal restrictions of any type that would effect Customer filing for and receiving a title to the vehicle subject to this Agreement;
d) Customer is the legal owner of the vehicle that is subject to this Agreement;
e) 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;
f) Customer is entering into this Agreement for any illegal purpose; and
g) Customer understands that:
i) every state has laws and regulations concerning acquiring a new title to a vehicle;
ii) Customer is solely responsible for ensuring compliance with the laws of their home state and the state in which Customer is requesting that a title be issued; and
iii) Customer is solely responsible for any penalty levied against Customer for violation of any laws and/or regulations.
3. THIRD PARTY SERVICES
Customer understands that in some circumstances Company retains the services of a third party to assist Company in carrying out the services subject to this Agreement. Customer agrees that, under no circumstances, will Company be liable for the acts performed by such third party.
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.
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.
6. 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 hereunder.
7. 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.
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.
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.
10. 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.
11. 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.
Any amendment must be in writing, signed by both Parties, and state that it is amending this Agreement.
13. 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.
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.
15. 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.
16. ATTORNEYS 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.