TERMS AND CONDITIONS

FLORIDA ETR MEMORANDUM OF UNDERSTANDING & TERMS OF USE

FLORIDA ETR ACCOUNT AGREEMENT

  1. DEFINITIONS

    The following terms should be specifically defined for the purposes of this agreement:

    1. ETR Agent: A Florida-licensed motor vehicle dealer licensed under Chapter 320, Florida Statutes.
    2. Authorized User: A person, officer, employee, agent or representative of an ETR Agent who has met the requirements set forth in Rule 15C-16, Florida Administrative Code, and is approved to access and use The Service.
    3. Primary User: The Authorized User that has the right to deactivate Authorized Users within the ETR Agent's Florida ETR account
    4. FLHSMV: Florida Department of Highway Safety and Motor Vehicles
    5. The Service: the ability to electronically report and register temporary license plate transfers, and to report, issue and print customized temporary paper tags through the FLHSMV.
    6. ETR: Electronic Temporary Registration
    7. DPPA (Driver Privacy Protection Act):
    8. The Website: the official Florida ETR website http://www.floridaetr.com
    9. Transactions: The act of issuing a temporary tag or metal plate transfer
  2. PARTIES TO THE AGREEMENT
    1. This Account Agreement and Terms of Use, hereafter referred to as "Agreement", is to set forth the terms of the business Relationship between Florida Dealer Consultants LLC dba FLORIDA ETR (hereinafter referred as "Florida ETR"), a Florida-based corporation, and the ETR Agent and its Authorized User(s), collectively referred to as "Parties".
    2. This agreement is to be entered into solely by ETR Agents. Acceptance of this Agreement is required prior to obtaining and maintaining access to The Service offered by Florida ETR.
  3. DESCRIPTION OF SERVICE
    1. Florida ETR offers the ability to electronically report, issue and/or print temporary paper license plates, registrations and metal plate transfers through its connection with the FLHSMV. The Service consists of proprietary programming and use of databases owned by Florida ETR as well as propriety programming and databases of "associated entities" such as, but not limited to, the FLHSMV.
  4. FLORIDA ETR RESPONSIBILITIES
    1. Florida ETR will make a reasonable effort to have The Service available 24 (twenty four) hours per day. ETR Agent agrees that periodic updates may be required to improve The Service, which may result in periods of limited access and limited availability. System accessibility may be impacted by elements outside of Florida ETR’s control, such as, but not limited to, the FLHSMV server(s) being unavailable.
    2. Florida ETR will maintain historical transaction records for a period of at least five (5) years from the date the record is generated.
    3. Florida ETR shall provide training or training materials to ETR Agents for how to use The Service.
    4. Florida ETR will make all reasonable efforts to have telephone and/or live chat support available Monday through Friday from 9:00 am to 8:30 pm EST and Saturdays from 11:00 am to 6:00 pm EST.
  5. ETR AGENT’S RESPONSIBILITIES
    1. The ETR Agent is responsible for obtaining access to The Service as an Authorized User and is responsible for keeping its Florida ETR Account, hereafter referred to as "Account", in good standing. ETR Agent is responsible for any third party fees required to access The Service (i.e. internet service provider fees, airtime charges, or electrical utility service) and must provide itself with and be responsible for the proper maintenance of all equipment necessary to access and use the Service (i.e. a computer, a printer).
    2. The ETR Agent may not issue more than four temporary tags to the same vehicle or more than two temporary tags to the same vehicle/customer combination.
    3. The ETR Agent may issue a pre-printed temporary tag only in the case of a ETR system outage.
    4. If the ETR Agent issues a pre-printed temporary tag, the following requirements must be met:
      1. The ETR Agent must complete Form HSMV 82082, Off-Line Issuance of a Pre-Printed Temporary License Plate.
      2. The ETR Agent must retain Form HSMV 82082 for a period of five (5) years from the date of issuance in the event of audit and/or inspection by the FLHSMV.
      3. The issuance information must be reported to the FLHSMV within one business day of issuance of the temporary tag (excluding weekends and state-approved holidays). 
      4. All issuance-related activity performed by the ETR Agent through The Service associated with the sale of a specific vehicle to a specific customer will be processed according to the FLHSMV’s specifications. 
      5. The ETR Agent may only utilize information obtained from The Service in accordance with the DPPA. Authorized Users will not disclose willfully to any individual or company, any information obtained as a result of being an Authorized User. Access to and use of information and computer resources provided to Authorized Users are for the limited express purpose of processing registration transactions under applicable Florida laws, rules and regulations.
      6. The ETR Agent must ensure that all Authorized Users of the records provided pursuant to the Agreement with Florida ETR comply with Section 119.0712(2), Florida Statutes, and DPPA.
  6. ACCESS TO SERVICE
    1. For purposes of this Agreement, “Authorized User Terminal” shall mean any computer system, monitor, printer, printout or other form or display or duplication of information and/or any related peripheral device used by an Authorized User to view, print, retrieve, store, transmit or otherwise access or manipulate information pursuant to this Agreement.
    2. ETR Agent hereby agrees:
      1. that it shall limit access to any Authorized User Terminal to Authorized Users;
      2. that Authorized User's access credentials will be protected and safeguarded, and will not be shared;
      3. that Authorized User's credentials will not be stored in any computer or device that is used to access The Service;
      4. that Authorized User's access will be managed with care and Authorized User accounts will be suspended upon termination of employment or as deemed necessary;
      5. that no Authorized User Terminal may be left unattended while logged in;
      6. that no Authorized User Terminal may be placed or positioned so that it may be seen by anyone who is not an Authorized User;
      7. that any printed copy of vehicle records as collected and maintained by Florida ETR or the State DMV, pursuant to applicable law, with respect to a motor vehicle, including identification, ownership, and other encumbrances pertinent to such vehicles and obtained through this Agreement will be destroyed as soon as its legitimate use has ended; and
      8. that this Agreement is subject to State Statutes and the Federal Driver’s Privacy Protection Act (DPPA) and that all personal information and vehicle information, which is considered privileged and confidential under Federal and State law, and is contained in any registration information forwarded to ETR Agent under this agreement, will not be released by ETR Agent to any individual or other legal entity who would not otherwise have access to such information.
      9. that a breach by ETR Agent of this Agreement will cause Florida ETR and any applicable third parties irreparable injury and damage and that Florida ETR and any applicable third parties will have the right to enjoin such a breach or obtain any other equitable relief, without the requirement of a bond or security of any nature, in addition to any other rights or remedies available to Florida ETR, or the applicable third parties, at law or in equity.
    3. The Primary User understands and agrees that:
      1. access to The Service for an Authorized User terminates when an Authorized User ceases to be employed by ETR Agent or when the relationship between ETR Agent and Florida Dealer Consultants LLC / DBA Florida ETR ceases under the terms of any applicable agreement or contract with Florida ETR.
      2. it is the Primary User’s responsibility to remove Authorized User’s access to the Service when authorization changes.
  7. PRICING AND PAYMENT

    Fee Schedule (includes FLHSMV pass-through fees)

    Price

    Issuance of Temporary Tag with Temporary Registration

    $4.00

    Temporary Tag paper (each)

    $2.00

    Shipping & Handling for blank tag paper orders

    See Website

    Temporary Metal Plate Transfer with Temporary Registration

    $5.00

    Reporting of Pre-Printed Tag

    $4.00

    1. ETR Agent agrees to pay fees to Florida ETR for the use of The Service. Fee schedule shall be provided to ETR Agent via posting on The Website and/or via this Agreement, and are subject to change. Any modifications to fees shall be provided to ETR Agent by Written Notice and/or posted on The Website pricing page for at least 30 days prior to becoming effective.
    2. ETR Agent understands that all FLHSMV fees and Service fees will be charged to ETR Agent’s prepaid account. The account will be automatically replenished when the balance drops to a certain level to ensure that ETR Agent’s account always has sufficient funds available to actively use The Service. These auto-replenishment levels can be changed at anytime by ETR Agent by accessing ETR Agent’s account at The Website.
    3. Restored metal plate transfers are non-refundable.
    4. Voided transactions incur a $2 service fee.
    5. Accounts that are inactive for three months (i.e. have not issued a temp tag or a metal plate transfer) will incur a monthly fee of $10 (ten dollars) until prepaid account funds are depleted.
    6. Upon closing of ETR Agent’s account, ETR Agent may return unused temp tag paper to Florida ETR for destruction. No refunds will be issued for unused tags.
    7. Returns of unused temp tag paper for credit or refund are not accepted once they are assigned to ETR Agent’s account.
    8. ETR Agent is responsible for maintaining sufficient funds in ETR Agent’s Florida ETR prepaid account to pay for The Service. ETR Agent must keep bank account info and/or credit card info current. If there is a shortage of funds in ETR Agent’s account, Florida ETR will limit access to The Service until funds are available. Returned ACH transactions and chargebacks for services rendered will incur an additional service fee of up to $35. Account balance information is available in ETR Agent’s account on The Website.
  8. REFUND POLICY
    1. Tags that have been assigned to ETR Agent’s account and mailed are ineligible for refunds.
    2. Tag orders that have not yet been assigned can be modified or cancelled.
    3. Closing of account entitles ETR Agent to a refund of the unused portion in their prepaid account at the time of cancellation.
    4. Transactions are non-refundable, with the exception of voided temporary tags, which receive a $2.00 account credit.
  9. SUPPORT
    1. Customer Support options include:
      1. Phone by calling 1-888-675-7477.
      2. Live Chat can be accessed by visiting the website and clicking on the CHAT image on the bottom right corner of the page.
      3. Screen sharing allows 1-time access to ETR Agent’s computer so Florida ETR can view the screen with ETR Agent simultaneously. Screen share sessions originate by phone or chat and authorization is required from ETR agent.
  10. ASSIGNABILITY
    1. This agreement is not assignable by ETR Agent either in whole or in part, unless agreed to in writing by Florida ETR. This Agreement may be assigned by Florida ETR to any of Florida ETR’s successors, affiliates, or assigns without obtaining the consent of the ETR Agent.
  11. TERMINATION
    1. This Agreement may be terminated by ETR Agent with Written Notice.
    2. Florida ETR may, at its sole discretion and without Written Notice, limit access to and use of The Service by ETR Agent and Authorized User(s).
    3. Failure to comply with the provisions of this Agreement may result in termination and suspension or cancellation of access to The Service.
  12. INDEMNITY
    1. The ETR Agent shall indemnify and hold harmless Florida ETR, and its officers, agents, employees, subsidiaries, affiliates, associate entities and assignees from and against any claims, demands, or causes of action whatsoever, including court costs, reasonable attorney fees, and other expenses of litigation made by any third party, due to, caused by, resulting from or arising out of any of the following:
      1. the content submitted, posted, transmitted or made available through The Service by ETR Agent;
      2. ETR Agent’s use of The Service and status as a customer of The Service;
      3. ETR Agent’s violation of the Agreement;
      4. ETR Agent’s modification, misapplication, enhancement of The Service;
      5. the use of The Service by ETR Agent, its officers, employees, agents or representatives and that of its subsidiaries;
      6. the addition and management of Authorized Users;
      7. Florida ETR’s termination of the Agreement.
      8. Any material downloaded or otherwise obtained through the use of the FLORIDA ETR service is done at ETR agent’s own discretion and risk and ETR Agent will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material.
      9. No advice or information, whether oral or written, obtained by ETR Agent from FLORIDA ETR or through or from the service shall create any warranty not expressly stated in this agreement.
      10. Any computer issues that result from our remote or on-site assistance or attempt to assist, train, or offer support.
  13. PROPRIETARY RIGHTS
    1. ETR Agent and Authorized User acknowledge and agree:
      1. that The Service, any documents related to The Service, and any necessary software used in connection with The Service each contain valuable proprietary and confidential information that is protected by applicable intellectual property and other laws, as well as trade secrets of Florida ETR and/or its suppliers, embodying substantial creative efforts and confidential information, ideas and expressions;
      2. not to modify, rent, lease, loan, sell, resell, distribute, reproduce, duplicate, manipulate, copy, sell, resell, exploit, or create derivative works based on The Service, in whole or in part, for any commercial or non-commercial purposes, any portion of The Service, use of The Service, or access to The Service;
        1. to secure and protect (and take precautions to ensure that its employees treat) The Service and related documents as proprietary and confidential;
        2. its obligations as set forth in this Section will survive the termination of this Agreement or of any license granted under this Agreement for whatever reason;
        3. Florida ETR grants ETR Agent a personal, non-exclusive and non-transferable right and license to use The Service; provided that ETR Agent does not copy, modify, create a derivative work of, reverse engineer, decompile, 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 Service or any portion thereof or allow any of its employees, agents or third parties to do the same;
        4. not to modify The Service in any manner or form, or to use modified versions of The Service, including (without limitation) for the purpose of obtaining unauthorized access to The Service;
        5. not to access The Service by any means other than through an interface approved by Florida ETR for use in accessing The Service; and
        6. that all Service improvements and suggestions for improvement shall become the sole property of Florida ETR, whether incorporated into The Service or not. The ETR Agent further acknowledges that all copies of the Service and the Website, in any form provided by Florida ETR or made by the ETR Agent, are the sole property of Florida ETR, its successors or assigns and/or its suppliers.
  14. AGREEMENT
    1. This agreement is subject to any restrictions, limitations or conditions that may be enacted by the Florida Legislature and/or the Florida Department of Highway Safety and Motor Vehicles, which may affect any or all terms or provisions of this agreement in any manner.
    2. ETR Agent understands and agrees that The Service is provided "AS-IS" and that neither Florida ETR, nor its associated entities, offer any guarantee or assume responsibility for the timeliness, deletion, delivery, mis-delivery or failure to store any ETR Agent's data or communications.
    3. Florida ETR does not represent or warrant that errors in the Service or documentation will not occur. Florida ETR’s sole obligation in such event is to take reasonable steps to correct such errors with The Service and provide ETR Agent with corrected Service updates and/or corrected documentation, when possible.
    4. Accordingly, the sole liability of Florida ETR to ETR Agent or any third party for claims arising out of the unavailability or interruption of The Service for any reason will be to use commercially reasonable efforts to make The Service available as soon as reasonably possible given the circumstance under which the unavailability of interruption occurred. These are the sole remedies available to ETR Agent or any third party for claims relating to the matters covered by this paragraph regardless of the form in which the claim or action may be asserted, and Florida ETR will not have any monetary or other liability as to any claim. The sole remedy that ETR Agent or any third party may have against Florida ETR under this Agreement or otherwise for any matters other than those covered in this Paragraph will be damages limited to the lesser of (i) the amount of the actual damages incurred by ETR Agent; and (ii) an amount equal to one months’ average fees paid by ETR Agent to Florida ETR for the specific piece of The Service on which the claim is based. Such fees will be averaged based on the average of those fees for the 12 months preceding the month in which the damage or injury is alleged to have occurred.
    5. ETR Agent agrees to adhere to Florida guidelines and regulations for electronic reporting and issuance of temp tags as indicated in Florida Statutes.
  15. NOTICE
    1. ETR Agents may contact Florida ETR:
      1. By Phone: 1 (888) 675-7477
      2. By E-mail: office@dealerids.com
      3. Written Notice shall be by postal mail: Florida ETR, 700 S Royal Poinciana Blvd #701, Miami Springs, FL 33166 (registered, trackable mail is suggested)
    2. Florida ETR will use only the information below to contact ETR Agent:
      1. By phone number(s) and email address appearing in the Criminal History Certification Affidavit & Verification For User Permissions
      2. Written Notice shall be by either of the following:
        1. the e-mail address registered in the Criminal History Certification Affidavit & Verification For User Permissions.
        2. postal mail using the address listed on ETR Agent’s registered Dealer License with FLHSMV.
        3. displaying notices or links to notices on The Website.
  16. BINDING ARBITRATION
    In consideration of the timely and cost-effective resolution of controversies between the parties, all such controversies regarding the Agreement or the rights of the parties hereto shall be submitted to arbitration before the American Arbitration Association. The failure of Florida ETR to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
    ETR Agent agrees to waive its rights to a jury trial, attorney’s fees, costs, or expenses as a result of this Agreement or enforcement of the arbitration’s award, ETR Agent agrees that venue lies in the State of Florida, without regard to counterclaims or third-party practice, which as between these parties shall be the State of Florida in the USA and ETR Agent waives its right to a jury trial for any claims or counter claims. This arbitration clause shall survive the termination or the breach of the Agreement. If any provision of the Arbitration Clause is held invalid, the invalidity shall not affect other provisions of this Arbitration. ETR Agent 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 Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  17. FORCE MAJEURE
    Neither Party shall be responsible for the performance of its obligations hereunder where such non-performance is due to causes beyond that Party’s reasonable control, including without limitation acts of God, fire or other natural catastrophe, explosion, vandalism, strikes, labor disputes, cable cuts, outages, acts of any governmental body; national emergencies; insurrections; riots; wars; or terrorism.
  18. GENERAL INFORMATION
    This Agreement constitutes the entire agreement between ETR Agent and Florida ETR and governs the use of The Service; superseding any prior agreements, verbal or written, between ETR Agent and Florida ETR. ETR Agent may also be subject to additional terms and conditions that may apply when utilizing affiliate services, third-party content or third-party software.

    If any provision of the Agreement 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 Agreement remain in full force and effect.

I agree that is the responsibility of the ETR Agent to conduct the necessary background check for each user before accesing the system and that I have read, understand and agree with this entire agreement and the DPPA (Driver’s Privacy Protection Act).

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