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CARFAXFORPOLICE.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 CAR FAX 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 />allegat ions 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 Integri ty. Agen cy 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 , appl icable CARFAX website and/or mobile device application functioning as intended by CARFAX . <br />7.lnV8sUgatJve 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) Sl:Jbscr'fplfon to the VHDB. CARFAX will provide to Agency a subscription to the VHDB to access CARFAX Vehicle History <br />Re ports. QuickVI N16, VINAlert®, Partial License Plate Search and such other investigative tools that CARFAX may offer from time to <br />time . . <br />(b) Subscription 10 the · Crash Report Cen ter 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 Investiaative 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 w ith 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 Servloe. 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 CAR FAX 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, CAR FAX 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. Disclaim ers : Umrted Warranty . Agency acknowledges that CARFAX collects data from public records and other sources for use in <br />peA Enrollment Form -02 /17