These Terms of Use for the CARFAX - Find Used Cars for Sale Android App ("Terms of Use") apply to your use of the CARFAX - Find Used Cars for Sale Android App ("CARFAX App"). By using the CARFAX App, you accept and agree to be bound by these Terms of Use and your use of the CARFAX App is also governed by the Customer Agreement to which you previously agreed, if applicable, a copy of which was sent to you by email at the time of your purchase, as well as the CARFAX Privacy Statement and the CARFAX.com Terms and Conditions, all of which together constitute the legally binding agreement ("Agreement") between Carfax, Inc. ("CARFAX") and you ("you" or "your"). By using the CARFAX App, you acknowledge that (i) you have read the Agreement, (ii) you understand them and (iii) you agree to comply with and be bound by them.

1. Guest Purchase of CARFAX Report. If you are making a guest purchase of a CARFAX Report, you agree to pay the amount indicated in the CARFAX App plus applicable sales tax in the following states: CT, DC, HI, NJ, NM, NY, SC, SD, TX, WA and WV in accordance with your card issuer agreement. You will use the CARFAX Report for your personal use only. You understand that commercial use, resale and redistribution of the CARFAX Report is strictly prohibited. "Commercial use" is defined as use by persons engaged in the business of researching, buying and/or selling of automobiles, the resale or redistribution of CARFAX Reports or any other business purpose as determined by CARFAX. ANY COMMERCIAL USE OF CARFAX REPORTS IS STRICTLY PROHIBITED AND ANY SUSPECTED COMMERCIAL USE WILL LEAD TO THE SUSPENSION OF YOUR GUEST ACCOUNT, UNTIL YOU PROVIDE SUFFICIENT PROOF THAT YOUR USE IS PURELY PERSONAL. FAILURE TO DO SO PRIOR TO THE EXPIRATION OF YOUR GUEST ACCOUNT WILL RESULT IN THE DEACTIVATION OF YOUR ACCOUNT, WITHOUT REFUND, AND MAY RESULT IN LEGAL ACTION. PROOF OF PERSONAL USE MAY INCLUDE: DETAILING HOW YOU ARE USING THE GUEST ACCOUNT AND SPECIFIC EXAMPLES OF THE SITES OR LOCATIONS WHERE YOU ARE FINDING THE VEHICLES THAT ARE BEING OFFERED FOR SALE. THE DETERMINATION OF PERSONAL USE IS AT THE SOLE DISCRETION OF CARFAX. WE RESERVE THE RIGHT TO IMPOSE, AND YOU AGREE TO PAY TO CARFAX, INC., AN ADDITIONAL CHARGE OF THE THEN CURRENT PRICE OF THE 1 CARFAX REPORT PACKAGE (CURRENTLY, $39.99) FOR EACH CARFAX REPORT THAT CARFAX DEEMS WAS ACCESSED FOR COMMERCIAL PURPOSES. Systematic retrieval of CARFAX Reports to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of CARFAX is strictly prohibited. CARFAX REPORTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. IN NO EVENT WILL CARFAX, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE CARFAX REPORTS, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF CARFAX REPORTS. IN NO EVENT SHALL CARFAX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR OBTAINING ANY REPORTS OR OTHER INFORMATION FROM THE CARFAX APP. You agree to defend, indemnify, and hold harmless CARFAX and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the CARAX Reports.

2. Ownership. You acknowledge that the CARFAX App and all intellectual property relating either directly or indirectly to the CARFAX App, including but not limited to patents, design rights, copyrights, trademarks, service marks, database rights, trade secrets, know-how and all derivative works thereof (collectively, "Intellectual Property"), are and will remain, as between you and CARFAX, the property of CARFAX. You shall not in any manner attempt to obtain any right, title, or interest, by registration, patent, copyright or otherwise in or to such Intellectual Property or any derivative thereto. You shall not take any action that jeopardizes, limits or interferes with CARFAX's ownership of and/or right to use the Intellectual Property.

3. Right to Use. Subject to these Terms of Use, you are hereby granted a limited, revocable, non-exclusive and non-transferable license to use the CARFAX App in the United States or Canada, solely for your personal use, on an Android product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. If you have a current CARFAX account, you acknowledge that your purchase of additional CARFAX Vehicle History Reports through the CARFAX App is governed by the Customer Agreement to which you previously agreed. If your CARFAX account has expired, you will need to activate it by making a purchase through CARFAX.com. The provisions of the Terms and Conditions will apply to any feedback that you provide through the CARFAX App.

4. Location Services. If you permit CARFAX to access your geolocation information through the CARFAX App, CARFAX may collect (or have a third party collect) and store information sufficient for address identification. CARFAX may use such geolocation information to identify your location and provide information regarding vehicles and dealerships in your then-current location. CARFAX may also use the information to provide notifications regarding other CARFAX products and services and other special offers and promotions related to the used car buying and ownership process. Your mobile device offers the ability to disable CARFAX's access to your geolocation information at any time.

5. Push Notifications. If you permit CARFAX to send you notifications through your mobile device, CARFAX may send alerts and other notifications regarding your used vehicle searches and other special offers and promotions related to the used car buying and ownership process.

6. Restrictions on Use. You SHALL NOT (i) cause, permit or authorize the decompilation, modification, disassembly or reverse engineering of the CARFAX App, or create derivative works thereof; (ii) allow unauthorized parties to view, access or use the CARFAX App; (iii) sell, assign, rent, transfer, distribute, act as a service bureau, sublicense or otherwise grant rights in the CARFAX App to any other person or entity; (iv) use, or allow the use of, the CARFAX App in contravention of any federal, state, local, foreign or other applicable laws, rules or regulations or the Agreement including without limitation any acquisition, shipment, transfer, export or re-export of the CARFAX App in contravention of applicable export control laws or similar applicable laws; or (v) introduce into the CARFAX App any virus or other code or routine intended to disrupt, delete, damage or alter the CARFAX App.

7. No Modification. You shall not modify the CARFAX App. In the event any modification or improvement to the CARFAX App is developed by you or on your behalf, contrary to these Terms of Use, you agree to and hereby do assign to CARFAX all Intellectual Property relating to such modification or improvement and you further agree to execute all documents and undertake all reasonable actions as CARFAX requests in order to procure, perfect, maintain or otherwise vest ownership of such Intellectual Property in CARFAX. This CARFAX App may include functionality that allows you to input and save your personal information as part of the CARFAX App. Inputting and saving your personal information shall not constitute modification.

8. NO WARRANTIES. THE CARFAX APP, INCLUDING BUT NOT LIMITED TO THE TOOLS AND CONTENT CONTAINED THEREIN, IS PROVIDED TO YOU "AS IS." CARFAX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IN REGARD TO QUALITY, AVAILABILITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You shall exercise your own independent judgment in determining the applicability, accuracy, reliability and suitability of the CARFAX App for your personal use.

9. Indemnification. You shall defend and hold CARFAX and its officers, directors, employees, agents, affiliates, successors, licensors, agents and assigns ("CARFAX parties") harmless from and against any and all claims, and shall indemnify the CARFAX parties against all damages, losses and expenses of any kind from any claims, suit, investigations or damages, either direct or indirect, arising from (i) your use of the CARFAX App, (ii) violation of the Agreement or (iii) your violation of any third party's rights.

10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARFAX AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM YOUR ACCESS, USE, INABILITY TO USE, OR OPERATION OF THE CARFAX APP, OR FROM ANY DEFECTS OR ERRORS OF ANY KIND IN THE CARFAX APP. IN NO EVENT SHALL CARFAX AND ITS LICENSORS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THIS APP. THE FOREGOING EXCLUSIONS AND LIMITATIONS ARE INTENDED TO APPLY EVEN IN THE EVENT OF A FUNDAMENTAL BREACH OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT. You acknowledge and agree that you will be liable for any breach of the Agreement by you.

11. Termination. Your right to access and use the CARFAX App is terminated automatically upon your violation or breach of any provision of the Agreement.

12. Legal Compliance. CARFAX is headquartered in and controls and operates the CARFAX App from the United States of America. CARFAX makes no representation that the materials are appropriate or will be available for use in other locations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Acknowledgment. You acknowledge that the Agreement is between you and CARFAX, not Google Inc. ("Google"). You understand that Google (i) is not responsible for the CARFAX App and the content thereof, (ii) has no obligation to furnish any maintenance or support services to you and (iii) is not responsible for addressing any claims related to the CARFAX App, including but not limited to claims by a third party that the CARFAX App infringes that third party's intellectual property rights. YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO WARRANTY OBLIGATION WITH RESPECT TO THE CARFAX APP.

14. Third Party Beneficiary. You acknowledge and agree that Google and Google's subsidiaries are third party beneficiaries of these Terms of Use and that upon your acceptance of these Terms of Use, Google, as a third party beneficiary, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

15. Third Party Content and Software. Certain content and software in the CARFAX App is provided under license from third parties and is subject to copyright, trademark and other intellectual property rights owned or licensed to such third parties. Your use of such third party content and software in the CARFAX App is subject to additional restrictions set forth in Section 20 below and other restrictions that may be located in the CARFAX App. Your mobile device's data usage plan also applies to your use of the CARFAX App.

16. Copyright Notice. All content that is made available or generated to view and/or download in connection with the CARFAX App is owned by CARFAX and is protected by copyright laws and international treaty provisions. All rights reserved. Reproduction of any content is strictly prohibited. Permission to use the CARFAX App, the content therein and related graphics and other material is subject to these Terms of Use.

17. Modification of These Terms of Use. CARFAX reserves the right to change these Terms of Use, including the right to add new terms. You are responsible for regularly reviewing the terms, conditions and notices of these Terms of Use, and any modified or additional terms, conditions or notices that may be included on or with any content available on or through the CARFAX App. Your continued use of the CARFAX App constitutes your agreement to all such terms, conditions and notices.

18. Assignment. CARFAX may assign the Agreement, in whole or in part, at any time with or without notice to you. You may not assign the Agreement, or any part of it, to any other person or entity without CARFAX's prior written consent. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the CARFAX App or any part of the CARFAX Vehicle History Service.

19. Governing Law. These Terms of Use, and any claim or dispute relating in any way to the CARFAX App, shall be governed in accordance with the provisions of the CARFAX.com Terms and Conditions.

20. Third Party Notices.

a. The CARFAX App uses Google Maps. By using Google Maps, you agree to be bound by Google's Terms of Service.

b. The CARFAX App uses the following software, each of which is licensed under the Apache License, Version 2.0 ("License"): Image Cropper, CircleImageView, RxJava2, RxRelay, RxBinding, Retrofit2, Moshi, OkHttp3, Timber, Arrow, Kotlin, Butter knife, ExpandableTextView, ZXing, Spring for Android, Google – Gson , Storm-gen, Endless Recycler View, Material Progress, Photoview, MultiSliderWidget, and from Square: Otto, Tape, SlidingUpPanel, Dagger 2 and Picasso. You may not use the CARFAX App except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

c. ZBar, licensed under the GNU LGPL 2.1 license (available at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html).

d. The CARFAX App uses SLF4J Android, Copyright© 2004-2013 QOS.ch All rights reserved, AndroidSwipeLayout, Copyright© 2014, LoggingInterceptor and Android Priority Job Queue, each of which is subject to the following license: Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

e. Apptentive, Copyright© 2015 Apptentive Inc., this software is provided by the copyright holders and contributors "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Apptentive, Inc., be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

f. The NewRelic Agent under a commercial license.

g. The CARFAX App uses the Adobe Mobile Library. The CARFAX App also uses Firebase services, more information about which may be found at www.google.com/policies/privacy/partners/

21. Contact Information. If you have any questions, complaints or claims with respect to the CARFAX App, please contact CARFAX at 5860 Trinity Parkway, Suite 600, Centreville, VA 20120 or carfaxwebsupport@carfax.com.

November 27, 2017