DMV Data

Site Terms and Conditions of Use

• 1. User's Acknowledgment and Acceptance of Terms

  DmvData.com ("Us" or "We") provides the website name and website along with related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials, such as user agreements, that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

  BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

  These Terms of Use are effective as of the day you visit this site and register for services or purchases services provided herein. If in doubt, consider your first date of use of the web site. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

  As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

• 2. Description of Services

  We make services available on this site, by allowing real time access to the State of Florida's motor vehicle records, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

  We reserve the sole right to either modify or discontinue the site, including any of the site's features, at any time with or without notice to you. Our liability is limited to any amounts of monies that are currently held in your prepaid account. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

• 3. Registration or Sales Data and Privacy

  In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

  You also grant us the right to disclose to third parties certain Registration or Sale Data about you, whenever necessary to comply with the law and by request from the State of Florida and other authorities. The information we obtain through your use of this site, including your Registration Data or information provided during any order (Sales Data), is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

  Any communication, information or material that you transmit to this site or to us, whether by electronic mail, postal mail, or other means, for any reason, will be treated as confidential.
  In any event where disputes arise for payment of services, credit card charges, banks operating on behalf of credit card processors, or any similar companies, you authorize the release of any data submitted to DMVDATA to these third parties. Any and all information submitted to us shall be deemed available for release to collection agencies, credit card companies or similar companies aiding in an effort to collect monies. This information sharing may include, but is not limited to: name, physical and mailing addresses, driver license numbers, date of birth, email address, ip address, login information, information on records you requested and obtained through our system. Social security numbers are the exception and while normally not collected, if they are collected, they will not be made available to third parties. You also grant DMVDATA the authority to request and share personal information contained in your personal motor vehicle reports, vessell records and driving records in order to provide information as to your whereabouts for the purpose of serving notices or for the purpose of validating your identity or rebuttling any charges you may contest with your bank. You hereby grant DMVDATA the right to make any requests regarding personal records by any means available through public record requests, our custom software to access your DMV records, and any other means available to us through public or private methods.

• 4. Conduct on Site

  Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of the data entered and received through the site.

  You agree that all data obtained by using this system is considered sensitive in nature and cannot be shared with anyone, other than for the purpose of conducting your business, as per the Drive Protection Policy Act (DPPA) exemption which are claimed in order to access this data.

  You agree that any material that you copy, download, print or otherwise obtain and duplicate through this site shall be secured by means that is not accessible to the general public or anyone that is not acting in the capacity of your business.

  You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

  You agree to not, in any way, attempt to reverse engineer the software of the website, share access or allow access to unauthorized users to access the website's password protected areas.

  You agree to protect all password and login information related to your account, as this is for both the protection of your account, funds within it and information contained within it, as it is for the protection of the website and it's other users.

  You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

• 5. Third Party Sites and Information

  This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by us. These other sites and parties may or may not be under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

• 6. Intellectual Property Information

  Copyright © January 1, 2012. If in doubt, consider your first date of use of the web site. DmvData.com All Rights Reserved.

  For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by you on our site. This includes message boards, support area, and other original content.

  By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of DmvData.com and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for copies made for your business use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

  All materials found on our site are registered trademarks or service marks of DmvData.com or its Affiliates.. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of DmvData.com or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of DmvData.com or its Affiliates.

• 7. Guarding Sensitive data - Drivers Privacy Protection Act

  We adamantly protect your information in addition to the information obtained through our website and system. By gaining access to our software system, you agree to follow all applicable Drivers Protection Privacy Act laws and agree to not disseminate copy, fax, email or otherwise transmit any information obtained through DmvData.com with regard to the owners of any inquiries on vehicles, mobile homes and vessels.

  Futhermore, you agree to actively protect this information with due diligence by keeping any digital copies and printed documents within locked or otherwise secured means (i.e. office cabinets, filing cabinets, desks, etc).

• 8. Disclaimer of Warranties

  ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

  THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE.

  THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR THE CONTENT AND PROPER USE OF SUCH MATERIAS AND FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

  You understand and agree that temporary interruptions of the services available through this site may occur. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

  You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

• 9. Limitation of Liability

  IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MISUSE OR LOSS OF USE, LOSS OF DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

• 10. Indemnification

  Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

• 11. Security and Password

  You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account. Additional users may be added by you, at no cost to you, with the understanding that these user's actions are considered to be performed by your commercial account and therefore are under the responsibility of the business that has been approved to access this site.

  Usernames and passwords are not to be shared and access to the system should be monitored and restricted wherever necessary, including the deactivation of any employees that are dismissed from your company or who's position no longer requires access to the system.

• 12. International Use

  Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

• 13. Termination of Use

  You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. If such type of activity is deemed to have occurred, all funds in prepaid accounts will be forfeited by you.

  Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and data in your account and/or bar any further access to such data or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

• 14. Governing Law

  This site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue in "The 15th Judicial Court of Florida", located at 205 North Dixie Hwy., West Palm Beach, FL 33401, in Palm Beach County in the State of Florida with respect to such matters.

• 15. Notices

  All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of our support department through our contact form. Notices to you will be sent to the mailing address information held on file for your account, which is your responsibility to keep up to date at all times, and intially entered into the system as part of your registration information. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending or posting on site.

• 16. Entire Agreement

  These terms and conditions, along with any Business Contract, Registration and User Registration Agreements, constitute the entire agreement between us. Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

• 17. Miscellaneous

  In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney's fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

  You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

  You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site. You agree to not reverse engineer any parts of the system software for any reason.

  In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

  Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

• 18. Contact Information

  Except as explicitly noted on this site, the services available through this site are offered by DmvData.com, a Florida based company. If you notice that any user is violating these Terms of Use, please contact us via our contact form.

Terms and Conditions of Sale

• 1. Sale and Purchase of Services

  DMVData.com ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, services to access the State of Florida Motor Vehicle, Vessell or Florida Driving record information as described on the checkout page ("Checkout") which contains the mechanism to collect and process your payment, and is incorporated herein by this reference ("Services") on the terms and conditions set forth in this Agreement.

• 2. Cost and Sales Terms of Services

  Buyer agrees to pay the Purchase Price of the Services as posted on the Checkout page, along with all terms listed on the Checkout page and terms of use. This includes but is not limited to any Services which are cancelled or altered by your request or due to lack of completion of required documents for any order and thereby altered by DMVData.com. Examples include but are not limited to the following list. Failure to provide a government issued photo identification for the release of personal information on driving records will be downgraded to the same driving record without personal information, and a partial refund shall be process for the difference in cost as posted on the website during the entire process of selecting an order and the Checkout page. Orders for driving records with personal information included that are purchased by a second party who is not the owner of the driving record shall provide a signed credit card authorization as disclosed on the checkout page. If the credit card authorization is not provided in the manner requested and outlined on the form (requiring a wet signature and ID), DMVData.com may downgrade the order at its sole discretion and process the driving record without personal information and subsequently process a partial refund for the difference in cost. Other situations may arise where a Buyer may not fulfill the process to verify their identity using the proper documentation and therefore DMVData.com may either downgrade the order for a driving record to exclude personal data and process a partial refund or cancel the order and process a partial refund within 3 business days and retain $10.00 for any work that has been completed up to that time. Orders which are paid for are an agreement to purchase a service and product and if the order is cancelled for any reason by the Buyer, DMVData.com shall be entitled to retain a $10.00 cancellation for the costs incurred, which include card processing fees, any reports which may or may not have been requested, time taken for requesting information from the Buyer and any other efforts which may have been completed to process the order for the Buyer.

• 3. Disclaimer of Warranty/Limitation of Liability

  Seller undertakes no responsibility for the quality of the Services or that the Services will be fit for any particular purpose for which Buyer may be buying the Services, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

  SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE DATA OBTAINED THROUGH SERVICES OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

  SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE SERVICES.

• 4. Force Majeure

  Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Services in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of computer servers, network, or other computer systems needed to provide the Service or any other forces of nature or act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the delivery of Services. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

• 5. General

  Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Service, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Florida, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue in "The 15th Judicial Court of Florida", located at 205 North Dixie Hwy., West Palm Beach, FL 33401, in Palm Beach County in the State of Florida and hereby waives any objection to such jurisdiction and venue.