AutoClear Terms of Use

Welcome to Auto Data Direct, Inc.’s AutoClear service for businesses processing toll stop payments for their clients:

Auto Data Direct, Inc. provides its service, subject to the following Terms of Use (“TOU”), which may be updated from time to time without notice. The most current version of the TOU may be reviewed at any time at: http://www.add123.com/AutoClearterms.

DESCRIPTION OF SERVICE

AutoClear service consists of proprietary programming and databases as well as proprietary programming and databases of “associate entities” such as the Orange County Tag Agency, Toll Authorities, and others. Auto Data Direct, Inc.’s system provides online tools (i.e. AutoClear) to electronically provide a dealership the ability to pay a customer’s unpaid tolls. Once the tolls are paid and processed, the dealership can then process permanent tag registrations.

AutoClear Users understand and agree that the service is provided “AS-IS” and that neither Auto Data Direct, Inc., nor its associate entities assume responsibility for business or consequential damages caused directly or indirectly by use of the system including but not limited to deletion, mis-delivery, failure to store any User communications or timeliness of the data.

The User is responsible for obtaining access to the service as a qualified Auto Data Direct, Inc. User in good standing. Access to Auto Data Direct, Inc.’s services may involve third party fees (such as Internet service provider or airtime charges). The User is responsible for these fees and in addition, must provide and be responsible for all equipment necessary to access AutoClear.

The User understands that all toll stop fees will be paid in advance. The User understands that a fee for AutoClear will be charged to the User’s pre-paid account and will include Auto Data Direct, Inc.’s fees and toll stop fees. Toll stop fees are included in Auto Data Direct, Inc.’s charges, and Auto Data Direct, Inc. to pay the toll fee to Orange County Tag Agency. The User is responsible for maintaining sufficient funds in their “pre-paid” account to pay for all services offered via AutoClear. If there is a shortage of funds in the User’s account, then Auto Data Direct, Inc.’s system will not process the toll stop fee request. Account balance information is available on the website at time of use.

Accounts which have not been accessed for a period of more than six (6) months shall be subject to a $15.00 per month maintenance fee. This fee shall be deducted from any funds remaining in the pre-paid account. Following the depletion of these funds, the account will be deactivated. Simply logging into the account within the six (6) month period will keep the account active. Auto Data Direct, Inc. offers automated payment (AutoPay) services if authorized by the User.

Rates for service are subject to change and shall be set forth in the schedule of rates and provided in writing by Auto Data Direct, Inc.

Auto Data Direct, Inc. will maintain an on-line archive of each AutoClear transaction for a period of 90-days after which time Auto Data Direct, Inc. will maintain an off-line record for a period of five (5) years.

IT IS THE RESPONSIBILITY OF THE DEALERSHIP TO COLLECT THE TOLL STOP FEES FROM ITS CUSTOMERS. AUTO DATA DIRECT WILL NOT REFUND ANY TOLL STOP FEES THAT HAVE BEEN DEDUCTED FROM THE DEALERSHIP’S PREPAID ACCOUNT AND HAVE BEEN CLEARED THROUGH THE ORANGE COUNTY TAG AGENCY.

This agreement is subject to any restrictions, limitations or conditions enacted by State Legislatures or State Motor Vehicle Agencies, which may affect any or all terms or provisions of this agreement in any manner. The User understands that Auto Data Direct, Inc. must comply with legally valid subpoenas.

Auto Data Direct, Inc. may at its sole discretion and without notice to the User, (a) suspend its performance under this TOU and the User’s access to and use of the service or (b) terminate the User’s access to and use of the service.

Failure to comply with the provisions of this TOU may result in termination and suspension or cancellation of all password access. SHARING OF USERNAMES AND PASSWORDS IS STRICTLY PROHIBITED. Each Company may have an unlimited number of authorized users.

The User will conduct an AutoClear transaction in “real-time” utilizing the computer interface designed by Auto Data Direct, Inc. and the Orange County Tag Agency.

Federal Driver Privacy Protection Act (DPPA)

Personal information (including, but not limited to: name, address, date of birth, DL number) appearing on driver and vehicle records is protected by the Federal Driver Privacy Protection Act (DPPA). The use of personal information for reasons not allowed by the DPPA will result in loss of information access privileges and may result in civil or criminal liability.

Any person who knowingly discloses any information in violation of the Federal Driver Privacy Protection Act (DPPA) may be subject to criminal sanctions and civil liability specified in law for unauthorized use of the data.

INDEMNITY

The User agrees to indemnify and hold Auto Data Direct, Inc., and its subsidiaries, affiliates, officers, agents, associate entities and employees, harmless from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of: the content submitted, posted, transmitted or made available through AutoClear by the User; the User’s connection to AutoClear; the User’s violation of the TOU, or the User’s violation of any rights of another.

NO RESALE OF SERVICE

The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of AutoClear, use of AutoClear, or access to AutoClear.

AUTO DATA DIRECT, INC.‘S PROPRIETARY RIGHTS

The User acknowledges and agrees that the AutoClear service and any necessary software used in connection with the AutoClear (“software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Auto Data Direct, Inc., the User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on AutoClear or the Software, in whole or in part. Auto Data Direct, Inc. grants the User a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that the User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. The User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to AutoClear. The User agrees not to access AutoClear by any means other than through the interface that is provided by Auto Data Direct, Inc. for use in accessing AutoClear.

DISCLAIMER OF WARRANTIES

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:

1. USE OF AutoClear IS AT THE USER'S SOLE RISK. AutoClear IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Auto Data Direct, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. Auto Data Direct, Inc. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET THE USER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM Auto Data Direct, Inc. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

LIMITATION OF LIABILITY

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT Auto Data Direct, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Auto Data Direct, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSION OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

ARBITRATION

The parties hereby agree, in consideration of the forgoing and as a condition of accepting service, that any claim or dispute (including those based on contract, negligence, tort or statute) amongst the Parties including, but not limited to any third party claim and or claim for indemnity of contribution arising out of or related to this Agreement and/or the services provided by Auto Data Direct, inc. under this Agreement, shall be resolved by binding arbitration in accordance with the rules and regulations of the American Arbitration Association, accelerated procedures. Venue shall be exclusively in Leon County Florida. Each party shall bear their own costs (including arbitration costs) and attorney’s fees.

NOTICE

Notice to the User may be made either by email or regular mail. AutoClear may also provide notices of changes to the TOU or other matters by displaying notices or links to notices on AutoClear.

CONTACT INFORMATION

Auto Data Direct, Inc. may be contacted in the following manner:

By mail:

GENERAL INFORMATION

This TOU constitutes the entire agreement between the User and Auto Data Direct, Inc. and governs the use of AutoClear; superseding any prior agreements between the User and Auto Data Direct, Inc. The User may also be subject to additional terms and conditions that may apply when utilizing affiliate services, third-party content or third-party software. The TOU and the relationship between the User and Auto Data Direct, Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. The User and Auto Data Direct, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. The failure of Auto Data Direct, Inc. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOU must be filed within three (3) years after such claim or cause of action arose or be forever barred.

User shall be responsible to pay all applicable sales and use taxes, if any.