HomeMy WebLinkAboutSH17-039 Enrollment form - Terms and Conditions13 13131313[k
CARFAXFORPOLICE.COM
ENROLLMENT FORM FOR LAW ENFORCEMENT
Official Agency Name (must provide FULL name) ("Agency"): Kittitas County heriff's Office
Agency ORI Number: WA0190000
Name of Chief of Police or Sheriff: Sheriff Gene Dana Number of Sworn Officers:
Address: 307 W. Umptanum Rd. City: Ellensburg
County: Kittitas
State: Washington Zip: 98926
Estimated number of motor vehicle accident reports per year:
Enrollment in the CARFAX For Police Program allows Agency to subscribe, in exchange for motor vehicle accident reports data created or
collected by Agency, to the CARFAX investigative tools ("Investigative Tools"), the CARFAX E -Commerce Service, and such other tools and
services that CARFAX may offer participants of the CARFAX For Police Program.
Agency wishes to subscribe to:
Investigative Tools E Yes ❑ No
CARFAX E -Commerce Service [:1 Yes [] No (if Yes, please provide the additional information requested below)
Additional information required for the CARFAX E -Commerce Service:
Does applicable state or local law or regulation require that motor vehicle accident reports can only be provided to specific interested parties
(as defined by such law or regulation)? ❑ Yes ❑ No
Amount to be reimbursed to Agency for each accident report sold through the CARFAX E -Commerce Service: $.
By signing below, I represent that I am duly authorized to execute this Enrollment Form on behalf of Agency and bind Agency to the CARFAX
For Police Program Terms and Conditions:
Signature: C/000 Title: Sheriff
Printed Name:t.
Date:
Send completed form to: Me9han Edwards I EMAIL: meghanedwards@carfax.com ] I FAX: 866-304-7523
PCA Enrollment Form - 02/17
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ARFAXFO POLICE.+GO
CARFAX° For Police Program Terms and Conditions
These CARFAX® For Police Program Terms and Conditions ("Terms and Conditions"), any enrollment form (each, an "Enrollment
Form") signed or accepted by the law enforcement agency ("Agency"), and any exhibits and addenda to any Enrollment Form (whether
entered into at the same time or at a later date) collectively form the agreement ("Agreement") between CARFAX, Inc. ("CARFAX") and
Agency and govern Agency's participation in the CARFAXc for Police Program ("Program"). This Agreement constitutes the entire
agreement between the parties with respect to the subject matter hereof and terminates and supersedes all previous agreements,
whether oral or written, relating to the same subject matter, and will continue in full force and effect so long as Agency participates in
the Program.
1. Provision of Data. Agency agrees to provide, or authorizes its third party service provider to provide, to CARFAX all motor vehicle
accident reports (or any data contained therein, as mutually agreed by the parties) that are created or collected by Agency and that
Agency is permitted to provide to CARFAX ("Accident Data"). Agency understands that CARFAX relies on its sources for the accuracy
and reliability of their information, and therefore Agency will notify CARFAX of erroneous information in any Accident Data provided to
CARFAX. Agency authorizes CARFAX to include any and all non -personal information from the Accident Data in the CARFAX Vehicle
History Service database ("VHDB"), and to use such information in connection with any data, products and services provided by
CARFAX. Agency authorizes CARFAX to include any and all information from the Accident Data provided by Agency (including,
without limitation, any personal information) in CARFAX's crash report center database (the "Crash Report Center Database" and
collectively with the VHDB, the "CARFAX Databases") for use in connection with the CARFAX services that Agency subscribes to
through the Program, including the CARFAX E -Commerce Service (as defined below), the Investigative Tools (as defined below),
and/or such other services as may be offered by CARFAX from time to time (each, a "Service" and collectively, the "Services").
Agency agrees to use its best efforts to provide to CARFAX, upon CARFAX's request, another copy of any previously provided
Accident Data as soon as reasonably possible after such request. Agency understands that, in the event of any termination of
Agency's participation in any Service or the Program, CARFAX may continue to use the Accident Data already acquired by CARFAX.
2. Term and Termination. Agency agrees that its participation in the Program will be effective from the date on which Agency first
provides Accident Data to CARFAX in the form and format that allows CARFAX to upload such Accident Data in the CARFAX
Databases (the "Effective Date") and will continue in effect for a period of one (1) year and thereafter will automatically renew for
additional one (1) year periods until either party provides the other party ninety (90) days written notice prior to any renewal date (the
"Term"). If, during the Term, Agency elects to withdraw from its participation in the CARFAX E -Commerce Service and/or the use of
the Investigative Tools, Agency must provide written notice to CARFAX of such election and CARFAX shall reasonably accommodate
such request within thirty (30) days of receipt of such request. Termination of Agency's subscription to any Service pursuant to the
Program does not terminate any other Services to which Agency may have subscribed. CARFAX may terminate this Agreement
immediately upon written notice if Agency breaches any provision of this Agreement. All provisions of this Agreement that expressly or
should by their nature survive any expiration or termination of this Agreement shall so survive, including without limitation this last
sentence of Section 2, the last sentence of Section 3, and Sections 5, 7(c), 9, 10, 12 and 13.
3. License; Ownership. Subject to the terms and conditions of this Agreement, CARFAX hereby grants to Agency a limited, revocable,
nontransferable and nonexclusive license to use the CARFAX Databases in accordance with the terms of this Agreement. The license
to use the CARFAX Databases is limited to the extent required for criminal investigative purposes ("Permitted Use"). Agency
acknowledges that the CARFAX Databases, the Investigative Tools and all data contained therein and all intellectual property relating
thereto are and will remain the property of CARFAX.
4. Agency Account. Promptly following the Effective Date, CARFAX will establish an Agency Account and will provide Agency with
username(s) and password(s) to access the CARFAX Databases to use the Investigative Tools. Agency will ensure that only
authorized employees of Agency are given access to the Agency Account. Agency will ensure that a separate username and
password is issued for each authorized employee of Agency, and Agency will be responsible for the administration of such
username(s) and password(s) (including, without limitation, in connection with change in authorized personnel). Agency understands
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
unauthorized or improper use of such username(s) and password(s), including access by non -authorized individuals or use for
commercial purposes. Agency will not share the username(s) and/or password(s) issued by CARFAX with any third party (other than
with CARFAX-approved third party vendors to facilitate the Permitted Use).
5. Securit . Agency acknowledges that the Crash Report Center Database contains accident reports that may include personally
identifiable information (collectively, "PII"). Agency will keep all such PII confidential and secure, including without limitation by (a)
restricting access to the Agency Account and/or such accident reports to employees of Agency who have a need to know as part of
their official duties; (b) ensuring that the Agency Account and such accident reports are accessed for a Permitted Use only, and
information from such accident reports is not shared with any third party except as permitted by law and pursuant to this Agreement; (c)
maintaining and complying with any applicable data retention policy governing the security and retention of accident reports; and (d)
maintaining an information security program that is designed to meet applicable state and federal law requirements for safeguarding
PII, including, at a minimum, to (i) ensure the security and confidentiality of such accident reports; (ii) protect against any anticipated
threats or hazards to the security or integrity of data contained on such accident reports; and (iii) protect against unauthorized access
to or use of the data contained in such accident reports. In the event of any actual or reasonably suspected breach of accident reports
data caused by Agency's access to or use of the accident reports contained in the Crash Report Center Database ("Agency Breach"),
Agency will promptly notify CARFAX of such actual or suspected Agency Breach and will fully cooperate with CARFAX in investigating
such breach or unauthorized access and preventing the recurrence of any unauthorized or attempted possession, use or knowledge of
the data. Agency shall be solely responsible for any legal or regulatory obligations which may arise under applicable law in connection
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CAIRIFA FORPOLICE.COM
with such Agency Breach and shall bear all costs associated with complying with legal and regulatory obligations in connection
therewith and will reimburse CARFAX for any expenses incurred by CARFAX in connection with such Agency Breach, or any actions
required as a result thereof. For purposes of clarification, and without limiting the generality of the foregoing, Agency shall, in
compliance with law and at its own expense, notify the individuals whose information is the subject of such Agency Breach or potential
Agency Breach, and shall also notify any other parties (including without limitation regulatory entities and credit reporting agencies) as
may be required by law. Agency agrees that such notification shall not reference CARFAX or the Crash Report Center Database, nor
shall CARFAX be otherwise identified or referenced in connection with such Agency Breach, without CARFAX's express written
consent. Agency shall remain solely liable for claims that may arise from such Agency Breach, including without limitation costs for
litigation (including attorneys' fees), and reimbursement sought by individuals, including without limitation costs for credit monitoring or
allegations of loss in connection with such Agency Breach. Agency shall provide samples of all proposed materials to notify consumers
and any third parties, including regulatory entities, to CARFAX for review and approval prior to distribution.
6. CARFAX Database Integrity. Agency will not upload or otherwise introduce any viruses, spyware or other software that jeopardizes
the security or integrity of the CARFAX Databases or any CARFAX website and/or mobile device application or otherwise interferes
with the CARFAX Databases, applicable CARFAX website and/or mobile device application functioning as intended by CARFAX.
7. Investigative Tools. In consideration of Agency's provision of Accident Data to CARFAX and authorization for CARFAX to use such
Accident Data in accordance with Section 1, CARFAX shall provide Agency access to the services described in Sections 7(a) and 7(b)
(collectively, the "Investigative Tools"), subject to the restrictions set forth in Section 7(c):
(a) Subscription to the VHDB. CARFAX will provide to Agency a subscription to the VHDB to access CARFAX Vehicle History
Reports, QuickVIN°, VINAlert°, Partial License Plate Search and such other investigative tools that CARFAX may offer from time to
time.
(b) Subscription to the Crash Report Center Database. CARFAX will provide Agency with a subscription to the Crash Report Center
Database to obtain, as necessary, copies of motor vehicle accident reports that were provided to CARFAX by other law enforcement
agencies and any information contained in the foregoing for the Permitted Use only.
(c) Restrictions on Access and Use of the Investigative Tools. Agency shall not: (i) provide, offer, distribute, sell, resell or otherwise
disclose any of the Investigative Tools or any information derived from the Investigative Tools to any third party (except to the extent
such Investigative Tool becomes part of Agency's criminal investigation record, subject to the state's open records laws); (ii) permit
the use of the CARFAX Databases or any information contained therein by any third parties; (iii) search the CARFAX Databases or
any information contained therein on behalf of any third party; (iv) use or permit the use of the CARFAX Databases or any
information contained therein for purposes other than the Permitted Use; (v) use or permit the use of the CARFAX Databases or
Investigative Tools in the operation of a service bureau; (vi) use or permit the use of the CARFAX Databases or the Investigative
Tools for personal or unlawful purposes; or (vii) upload or otherwise introduce any viruses, spyware or other software that
jeopardizes the security or integrity of the CARFAX Databases or otherwise interferes with the functioning of the CARFAX
Databases as intended by CARFAX. Systematic access or retrieval of Investigative Tools or the information derived from
Investigative Tools, including, but not limited to, the use of "bots" or "spiders," is strictly prohibited. In the event Agency provides any
Investigative Tool or the information derived from the Investigative Tool to another party, Agency shall not: (A) provide such
Investigative Tool or information to any party for resale or remarketing in any manner or (B) modify such Investigative Tool or
information in any way. Agency shall make no representation or provide any warranty to any person or entity regarding CARFAX,
the CARFAX Databases, the Investigative Tools, or the information derived from the Investigative Tools, whether written or oral, that
is inconsistent with the provisions of this Agreement or the information contained on the Investigative Tools (including all
disclaimers).
8. CARFAX E -Commerce Service. Agency understands that in order to subscribe to the CARFAX E -Commerce Service, the Accident
Data provided to CARFAX by Agency must include substantially all data elements contained on the motor vehicle accident reports (to
the extent permitted by applicable law). If Agency elects to subscribe to the CARFAX E -Commerce Service, Agency authorizes
CARFAX to offer to sell and sell accident reports online (the "CARFAX E -Commerce Service") to the extent permitted by applicable
law. Agency agrees to: (i) include on its website(s) and social media site(s) one or more hyperlinks to the CARFAX E -Commerce
Service website unless Agency notifies CARFAX in writing that it wants to opt out of this requirement, (ii) direct entities that want to
purchase its motor vehicle accident reports to the CARFAX E -Commerce Service website, (iii) direct all calls that Agency receives
relating to CARFAX or the CARFAX E -Commerce Service to 1-800-990-2452 or such other phone number designated by CARFAX,
and (iv) authorize CARFAX to issue press releases and public statements relating to Agency's subscription to the CARFAX E -
Commerce Service, unless Agency notifies CARFAX in writing that it wants to opt out of this requirement. CARFAX will pay Agency the
amount to be reimbursed to Agency for each accident report sold through the CARFAX E -Commerce Service (as provided by Agency
on the Enrollment Form) ("Reimbursed Fee") for each accident report sold to the CARFAX E -Commerce Service corporate subscribers
and/or referrals directed to the CARFAX E -Commerce Service website by Agency. Agency will notify CARFAX in writing of any change
to the then -current Reimbursed Fee and any such change will take effect thirty (30) days after CARFAX's receipt of such notice.
Notwithstanding any other provision of this Agreement, in no event will Agency require a higher Reimbursed Fee when accident reports
are sold through CARFAX than a citizen would be required to pay when an accident report is purchased directly from Agency's
website. Within thirty (30) days after the end of each calendar month, CARFAX will provide Agency a payment equal to the number of
accident reports purchased by the CARFAX E -Commerce Service corporate subscribers and/or referrals directed to the CARFAX E -
Commerce Service website by Agency in the prior calendar month multiplied by the applicable Reimbursed Fee.
9. Disclaimers; Limited Warranty. Agency acknowledges that CARFAX collects data from public records and other sources for use in
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the CARFAX Databases and that this data may contain errors and omissions. CARFAX does not guarantee the correctness or
completeness of the CARFAX Databases, the Investigative Tools or any information contained therein, and CARFAX will not be liable
for any loss or injury caused, in whole or part, either by its negligence or circumstances beyond its control in procuring, compiling,
collecting, interpreting or making available the CARFAX Databases or the Investigative Tools. Agency understands that not all
information is available for all states and that CARFAX does not have access to some information that may be available to other
parties. Agency also understands there may be a period of time between receipt of certain information by CARFAX and its inclusion of
such information into the CARFAX Databases or the Investigative Tools. Agency acknowledges that neither the CARFAX Databases
nor the Investigative Tools provide any conclusions regarding the condition of any vehicle, and Agency assumes full responsibility with
respect to its decisions and transactions using the CARFAX Databases, the Investigative Tools or any information contained therein.
THE CARFAX DATABASES, THE INVESTIGATIVE TOOLS AND ALL INFORMATION CONTAINED IN THE FOREGOING ARE
PROVIDED "AS IS" AND "AS AVAILABLE." CARFAX MAKES AND AGENCY RECEIVES NO WARRANTIES, EXPRESS OR
IMPLIED, AND CARFAX EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. CARFAX DOES NOT GUARANTEE THAT THE CARFAX DATABASES OR THE INVESTIGATIVE TOOLS
WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE
CARFAX DATABASES OR THE INVESTIGATIVE TOOLS MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR
SYSTEM OR NETWORK FAILURES. CARFAX, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS DISCLAIM ALL
LIABILITY FOR ANY LOSS OR DAMAGES CAUSED BY USE OF THE CARFAX DATABASES, THE INVESTIGATIVE TOOLS OR
ANY INFORMATION CONTAINED THEREIN.
10. Limitation of Liability; Indemnification. Agency agrees that CARFAX's liability hereunder for damages, regardless of the form of
action, shall not exceed the amount paid by Agency for the Investigative Tool in question, as applicable. This shall be Agency's
exclusive remedy. IN NO EVENT WILL CARFAX BE LIABLE FOR CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME,
LOSS OF PROFITS OR INCOME, OR ANY THIRD PARTY CLAIM OR DEMAND) EVEN IF CARFAX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Except to the extent prohibited by applicable law, Agency will indemnify and hold CARFAX, its
affiliates and its and their respective directors, officers, employees and agents harmless from any claims, suits, investigations,
damages (either direct or indirect), costs, expenses and losses of any and every kind (including but not limited to reasonable attorney's
fees and costs) arising out of Agency's use of the CARFAX Databases, any Investigative Tools or any information contained therein for
any purpose other than the Permitted Use or in a manner prohibited by this Agreement.
11. Marks. CARFAX grants to Agency a limited, revocable, nonexclusive and nontransferable license to use CARFAX trademarks and
logos provided by CARFAX to Agency ("CARFAX Marks") solely as approved by CARFAX. Agency acknowledges that Agency's use of
the CARFAX Marks shall inure to CARFAX's benefit.
12. Governinq Law. This Agreement, and any claim or dispute relating in any way to the activities under this Agreement, shall be
governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law
principles.
13. Miscellaneous. In the event of a direct conflict between the terms and conditions contained in an Enrollment Form and those set
forth in these Terms and Conditions, the terms of the Enrollment Form shall govern. CARFAX reserves the right to discontinue or
modify, upon notification to Agency, any aspect of any of the Services provided by CARFAX hereunder. CARFAX reserves the right to
modify these Terms and Conditions and to impose new or additional terms and conditions at any time. Such modifications and
additional terms and conditions will be effective immediately upon being posted online on the CARFAX For Police website (or such
other successor website) and incorporated into this Agreement. Agency's continued use of the Services, as applicable, will be deemed
acceptance thereof. CARFAX's failure to insist in any one or more instances upon the performance of any term, obligation, or condition
of this Agreement by Agency, or to exercise any right or privilege conferred in this Agreement, will not be construed as a waiver of such
term, obligation, or condition or a relinquishment of such right or privilege. Any waiver of a breach of any term or condition of this
Agreement by CARFAX will not be considered a waiver of any subsequent breach of the same or any other condition. If any provision
of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other
provisions of this Agreement will remain in force, unless the invalidity or unenforceability of a provision materially alters the rights or
obligations of a party. Agency shall not assign this Agreement without the prior written consent of CARFAX.
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