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<br />i._
<br />CAIRIFA FORPOLICE.COM
<br />with such Agency Breach and shall bear all costs associated with complying with legal and regulatory obligations in connection
<br />therewith and will reimburse CARFAX for any expenses incurred by CARFAX in connection with such Agency Breach, or any actions
<br />required as a result thereof. For purposes of clarification, and without limiting the generality of the foregoing, Agency shall, in
<br />compliance with law and at its own expense, notify the individuals whose information is the subject of such Agency Breach or potential
<br />Agency Breach, and shall also notify any other parties (including without limitation regulatory entities and credit reporting agencies) as
<br />may be required by law. Agency agrees that such notification shall not reference CARFAX or the Crash Report Center Database, nor
<br />shall CARFAX be otherwise identified or referenced in connection with such Agency Breach, without CARFAX's express written
<br />consent. Agency shall remain solely liable for claims that may arise from such Agency Breach, including without limitation costs for
<br />litigation (including attorneys' fees), and reimbursement sought by individuals, including without limitation costs for credit monitoring or
<br />allegations of loss in connection with such Agency Breach. Agency shall provide samples of all proposed materials to notify consumers
<br />and any third parties, including regulatory entities, to CARFAX for review and approval prior to distribution.
<br />6. CARFAX Database Integrity. Agency will not upload or otherwise introduce any viruses, spyware or other software that jeopardizes
<br />the security or integrity of the CARFAX Databases or any CARFAX website and/or mobile device application or otherwise interferes
<br />with the CARFAX Databases, applicable CARFAX website and/or mobile device application functioning as intended by CARFAX.
<br />7. Investigative Tools. In consideration of Agency's provision of Accident Data to CARFAX and authorization for CARFAX to use such
<br />Accident Data in accordance with Section 1, CARFAX shall provide Agency access to the services described in Sections 7(a) and 7(b)
<br />(collectively, the "Investigative Tools"), subject to the restrictions set forth in Section 7(c):
<br />(a) Subscription to the VHDB. CARFAX will provide to Agency a subscription to the VHDB to access CARFAX Vehicle History
<br />Reports, QuickVIN°, VINAlert°, Partial License Plate Search and such other investigative tools that CARFAX may offer from time to
<br />time.
<br />(b) Subscription to the Crash Report Center Database. CARFAX will provide Agency with a subscription to the Crash Report Center
<br />Database to obtain, as necessary, copies of motor vehicle accident reports that were provided to CARFAX by other law enforcement
<br />agencies and any information contained in the foregoing for the Permitted Use only.
<br />(c) Restrictions on Access and Use of the Investigative Tools. Agency shall not: (i) provide, offer, distribute, sell, resell or otherwise
<br />disclose any of the Investigative Tools or any information derived from the Investigative Tools to any third party (except to the extent
<br />such Investigative Tool becomes part of Agency's criminal investigation record, subject to the state's open records laws); (ii) permit
<br />the use of the CARFAX Databases or any information contained therein by any third parties; (iii) search the CARFAX Databases or
<br />any information contained therein on behalf of any third party; (iv) use or permit the use of the CARFAX Databases or any
<br />information contained therein for purposes other than the Permitted Use; (v) use or permit the use of the CARFAX Databases or
<br />Investigative Tools in the operation of a service bureau; (vi) use or permit the use of the CARFAX Databases or the Investigative
<br />Tools for personal or unlawful purposes; or (vii) upload or otherwise introduce any viruses, spyware or other software that
<br />jeopardizes the security or integrity of the CARFAX Databases or otherwise interferes with the functioning of the CARFAX
<br />Databases as intended by CARFAX. Systematic access or retrieval of Investigative Tools or the information derived from
<br />Investigative Tools, including, but not limited to, the use of "bots" or "spiders," is strictly prohibited. In the event Agency provides any
<br />Investigative Tool or the information derived from the Investigative Tool to another party, Agency shall not: (A) provide such
<br />Investigative Tool or information to any party for resale or remarketing in any manner or (B) modify such Investigative Tool or
<br />information in any way. Agency shall make no representation or provide any warranty to any person or entity regarding CARFAX,
<br />the CARFAX Databases, the Investigative Tools, or the information derived from the Investigative Tools, whether written or oral, that
<br />is inconsistent with the provisions of this Agreement or the information contained on the Investigative Tools (including all
<br />disclaimers).
<br />8. CARFAX E -Commerce Service. Agency understands that in order to subscribe to the CARFAX E -Commerce Service, the Accident
<br />Data provided to CARFAX by Agency must include substantially all data elements contained on the motor vehicle accident reports (to
<br />the extent permitted by applicable law). If Agency elects to subscribe to the CARFAX E -Commerce Service, Agency authorizes
<br />CARFAX to offer to sell and sell accident reports online (the "CARFAX E -Commerce Service") to the extent permitted by applicable
<br />law. Agency agrees to: (i) include on its website(s) and social media site(s) one or more hyperlinks to the CARFAX E -Commerce
<br />Service website unless Agency notifies CARFAX in writing that it wants to opt out of this requirement, (ii) direct entities that want to
<br />purchase its motor vehicle accident reports to the CARFAX E -Commerce Service website, (iii) direct all calls that Agency receives
<br />relating to CARFAX or the CARFAX E -Commerce Service to 1-800-990-2452 or such other phone number designated by CARFAX,
<br />and (iv) authorize CARFAX to issue press releases and public statements relating to Agency's subscription to the CARFAX E -
<br />Commerce Service, unless Agency notifies CARFAX in writing that it wants to opt out of this requirement. CARFAX will pay Agency the
<br />amount to be reimbursed to Agency for each accident report sold through the CARFAX E -Commerce Service (as provided by Agency
<br />on the Enrollment Form) ("Reimbursed Fee") for each accident report sold to the CARFAX E -Commerce Service corporate subscribers
<br />and/or referrals directed to the CARFAX E -Commerce Service website by Agency. Agency will notify CARFAX in writing of any change
<br />to the then -current Reimbursed Fee and any such change will take effect thirty (30) days after CARFAX's receipt of such notice.
<br />Notwithstanding any other provision of this Agreement, in no event will Agency require a higher Reimbursed Fee when accident reports
<br />are sold through CARFAX than a citizen would be required to pay when an accident report is purchased directly from Agency's
<br />website. Within thirty (30) days after the end of each calendar month, CARFAX will provide Agency a payment equal to the number of
<br />accident reports purchased by the CARFAX E -Commerce Service corporate subscribers and/or referrals directed to the CARFAX E -
<br />Commerce Service website by Agency in the prior calendar month multiplied by the applicable Reimbursed Fee.
<br />9. Disclaimers; Limited Warranty. Agency acknowledges that CARFAX collects data from public records and other sources for use in
<br />PCA Enrollment Form - 02117
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