|
l~rJmlirJlx1l
<br />CARFAXFORPOLICE.COM
<br />CARFAX® For Police Program Terms and Conditions
<br />These CARFAX® For Police Program Terms and Conditions ("Terms and Conditions"), any enrollment form (each, an "Enrollment
<br />Form") signed or accepted by the law enforcement agency ("Agency"), and any exhibits and addenda to any Enrollment Form (whether
<br />entered into at the same time or at a later date) collectively form the agreement ("Agreement") between CARFAX, Inc. ("CARFAX") and
<br />Agency and govern Agency's participation in the CARFAxf' for Police Program ("Program"). This Agreement constitutes the entire
<br />agreement between the parties with respect to the subject matter hereof and terminates and supersedes all previous agreements,
<br />whether oral or written, relating to the same subject matter, and will continue in full force and effect so long as Agency participates in
<br />the Program.
<br />1. Proll ision of Data . Agency agrees to provide, or authorizes its third party service provider to provide, to CARFAX all motor vehicle
<br />accident -reports (or any data contained therein, as mutually agreed by the parties) that are created or collected by Agency and that
<br />Agency is permitted to provide to CARFAX ("Accident Data"). Agency understands that CARFAX relies on its sources for the accuracy
<br />and reliability of their information, and therefore Agency will notify CARFAX of erroneous information in any Accident Data provided to
<br />CARFAX . Agency authorizes CARFAX to include any and all non-personal information from the Accident Data in the CAR FAX Vehicle
<br />History Service database ("VHDB"), and to use such information in connection with any data, products and services provided by
<br />CARFAX. Agency authorizes CARFAX to include any and all information from the Accident Data provided by Agency (including,
<br />without limitation, any personal information) in CAR FAX's crash report center database (the "Crash Report Center Database" and
<br />collectively with the VHDB, the "CARFAX Databases") for use in connection with the CAR FAX services that Agency subscribes to
<br />through the Program, including the CARFAX E-Commerce Service (as defined below), the Investigative Tools (as defined below),
<br />and/or such other services as may be offered by CARFAX from time to time (each, a "Service" and collectively, the "Services").
<br />Agency agrees to use its best efforts to provide to CARFAX, upon CARFAX's request , another copy of any previously provided
<br />Accident Data as soon as reasonably possible after such request. Agency understands that, in the event of any termination of
<br />Agency's participation in any Service or the Program, CARFAX may continue to use the Accident Data already acquired by CARFAX .
<br />2 . Term and Termination. Agency agrees that its participation in the Program will be effective from the date on which Agency first
<br />provides Accident Data to CARFAX in the form and format that allows CARFAX to upload such Accident Data in the CARFAX
<br />Databases (the "Effective Date") and will continue in effect for a period of one (1) year and thereafter will automatically renew for
<br />additional one (1) year periods until either party provides the other party ninety (90) days written notice prior to any renewal date (the
<br />"Term"). If, during the Term, Agency elects to withdraw from its participation in the CAR FAX E-Commerce Service and/or the use of
<br />the Investigative Tools, Agency must provide written notice to CARFAX of such election and CARFAX shall reasonably accommodate
<br />such request within thirty (30) days of receipt of such request. Termination of Agency's subscription to any Service pursuant to the
<br />Program does not terminate any other Services to which Agency may have subscribed . CARFAX may terminate this Agreement
<br />immediately upon written notice if Agency breaches any provision of this Agreement. All provisions of this Agreement that expressly or
<br />should by their nature survive any expiration or termination of this Agreement shall so survive, including without limitation this last
<br />sentence of Section 2, the last sentence of Section 3, and Sections 5, 7( c), 9, 10, 12 and 13.
<br />3. LIcense; OWnership. Subject to the terms and conditions of this Agreement, CARFAX hereby grants to Agency a limited, revocable,
<br />nontransferable and nonexclusive license to use the CARFAX Databases in accordance with the terms of this Agreement. The license
<br />to use the CARFAX Databases is limited to the extent required for criminal investigative purposes ("Permitted Use"). Agency
<br />acknowledges that the CARFAX Databases, the Investigative Tools and all data contained therein and all intellectual property relating
<br />thereto are and will remain the property of CARFAX.
<br />4 . Agency Account. Promptly following the Effective Date, CARFAX will establish an Agency Account and will provide Agency with
<br />username(s) and password(s) to access the CARFAX Databases to use the Investigative Tools. Agency will ensure that only
<br />authorized employees of Agency are given access to the Agency Account. Agency will ensure that a separate username and
<br />password is issued for each authorized employee of Agency, and Agency will be responsible for the administration of such
<br />username(s) and password(s) (including, without limitation, in connection with change in authorized personnel). Agency understands
<br />that it is liable for the security of the username(s) and password(s) issued by CARFAX and all charges or fees arising out of the
<br />unauthorized or improper use of such username(s) and password(s), including access by non-authorized individuals or use for
<br />commercial purposes. Agency will not share the username(s) and/or password(s) issued by CARFAX with any third party (other than
<br />with CARFAX-approved third party vendors to facilitate the Permitted Use).
<br />5. Security. Agency acknowledges that the Crash Report Center Database contains accident reports that may include personally
<br />identifiable information (collectively, "PII"). Agency will keep all such PII confidential and secure, including without limitation by (a)
<br />restricting access to the Agency Account and/or such accident reports to employees of Agency who have a need to know as part of
<br />their official duties; (b) ensuring that the Agency Account and such accident reports are accessed for a Permitted Use only, and
<br />information from such accident reports is not shared with any third party except as permitted by law and pursuant to this Agreement ; (c)
<br />maintaining and complying with any applicable data retention policy governing the security and retention of accident reports; and (d)
<br />maintaining an information security program that is designed to meet applicable state and federal law requirements for safeguarding
<br />PII, including, at a minimum, to (i) ensure the security and confidentiality of such accident reports ; (ii) protect against any anticipated
<br />threats or hazards to the security or integrity of data contained on such accident reports; and (iii) protect against unauthorized access
<br />to or use of the data contained in such accident reports. In the event of any actual or reasonably suspected breach of accident reports
<br />data caused by Agency's access to or use of the accident reports contained in the Crash Report Center Database ("Agency Breach"),
<br />Agency will promptly notify CARFAX of such actual or suspected Agency Breach and will fully cooperate with CARFAX in investigating
<br />such breach or unauthorized access and preventing the recurrence of any unauthorized or attempted possession, use or knowledge of
<br />the data. Agency shall be solely responsible for any legal or regulatory obligations which may arise under applicable law in connection
<br />peA Enrollment Form -02117
|