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<br /> the CARFAX Databases and that this data may contain errors and omissions. CARFAX does not guarantee the correctness or
<br /> completeness of the CARFAX Databases, the Investigative Tools or any information contained therein, and CARFAX will not be liable
<br /> for any loss or injury caused, in whole or part, either by its negligence or circumstances beyond its control in procuring, compiling,
<br /> collecting, interpreting or making available the CARFAX Databases or the Investigative Tools. Agency understands that not all
<br /> information is available for all states and that CARFAX does not have access to some information that may be available to other
<br /> parties. Agency also understands there may be a period of time between receipt of certain information by CARFAX and its inclusion of
<br /> such information into the CARFAX Databases or the Investigative Tools. Agency acknowledges that neither the CARFAX Databases
<br /> nor the Investigative Tools provide any conclusions regarding the condition of any vehicle, and Agency assumes full responsibility with
<br /> respect to its decisions and transactions using the CARFAX Databases, the Investigative Tools or any information contained therein.
<br /> THE CARFAX DATABASES, THE INVESTIGATIVE TOOLS AND ALL INFORMATION CONTAINED IN THE FOREGOING ARE
<br /> PROVIDED "AS IS" AND "AS AVAILABLE." CARFAX MAKES AND AGENCY RECEIVES NO WARRANTIES, EXPRESS OR
<br /> IMPLIED, AND CARFAX EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
<br /> PARTICULAR PURPOSE. CARFAX DOES NOT GUARANTEE THAT THE CARFAX DATABASES OR THE INVESTIGATIVE TOOLS
<br /> WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE
<br /> CARFAX DATABASES OR THE INVESTIGATIVE TOOLS MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR
<br /> SYSTEM OR NETWORK FAILURES. CARFAX, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS DISCLAIM ALL
<br /> LIABILITY FOR ANY LOSS OR DAMAGES CAUSED BY USE OF THE CARFAX DATABASES, THE INVESTIGATIVE TOOLS OR
<br /> ANY INFORMATION CONTAINED THEREIN.
<br /> 10. Limitation of Liability; Indemnification. Agency agrees that CARFAX's liability hereunder for damages, regardless of the form of
<br /> action, shall not exceed the amount paid by Agency for the Investigative Tool in question, as applicable. This shall be Agency's
<br /> exclusive remedy. IN NO EVENT WILL CARFAX BE LIABLE FOR CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL
<br /> DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME,
<br /> LOSS OF PROFITS OR INCOME, OR ANY THIRD PARTY CLAIM OR DEMAND) EVEN IF CARFAX HAS BEEN ADVISED OF THE
<br /> POSSIBILITY OF SUCH DAMAGES. Except to the extent prohibited by applicable law, Agency will indemnify and hold CARFAX, its
<br /> affiliates and its and their respective directors, officers, employees and agents harmless from any claims, suits, investigations,
<br /> damages(either direct or indirect), costs, expenses and losses of any and every kind (including but not limited to reasonable attorney's
<br /> fees and costs)arising out of Agency's use of the CARFAX Databases, any Investigative Tools or any information contained therein for
<br /> any purpose other than the Permitted Use or in a manner prohibited by this Agreement.
<br /> 11. Marks. CARFAX grants to Agency a limited, revocable, nonexclusive and nontransferable license to use CARFAX trademarks and
<br /> logos provided by CARFAX to Agency("CARFAX Marks")solely as approved by CARFAX.Agency acknowledges that Agency's use of
<br /> the CARFAX Marks shall inure to CARFAX's benefit.
<br /> 12. Governing Law. This Agreement, and any claim or dispute relating in any way to the activities under this Agreement, shall be
<br /> governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law
<br /> principles.
<br /> 13. Miscellaneous. In the event of a direct conflict between the terms and conditions contained in an Enrollment Form and those set
<br /> forth in these Terms and Conditions, the terms of the Enrollment Form shall govern. CARFAX reserves the right to discontinue or
<br /> modify, upon notification to Agency, any aspect of any of the Services provided by CARFAX hereunder. CARFAX reserves the right to
<br /> modify these Terms and Conditions and to impose new or additional terms and conditions at any time. Such modifications and
<br /> additional terms and conditions will be effective immediately upon being posted online on the CARFAX For Police website (or such
<br /> other successor website)and incorporated into this Agreement. Agency's continued use of the Services, as applicable,will be deemed
<br /> acceptance thereof. CARFAX's failure to insist in any one or more instances upon the performance of any term, obligation, or condition
<br /> 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
<br /> term, obligation, or condition or a relinquishment of such right or privilege. Any waiver of a breach of any term or condition of this
<br /> Agreement by CARFAX will not be considered a waiver of any subsequent breach of the same or any other condition. If any provision
<br /> of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other
<br /> provisions of this Agreement will remain in force, unless the invalidity or unenforceability of a provision materially alters the rights or
<br /> obligations of a party. Agency shall not assign this Agreement without the prior written consent of CARFAX.
<br /> PCA Enrollment Form-02/17
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