Common use of Use of the Services Clause in Contracts

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges that, as part of the Services, Dealer may receive use of and access to certain toll-free and local tracking phone numbers, as well as other Services relating to such numbers (collectively, with the Services, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). Shift Digital agrees that it will only record, monitor, store and/or divulge telephone calls in accordance with the applicable privacy laws. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls (the "Call Receivers"). Dealer agrees, acknowledges, represents and warrants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Dealer will not use these Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law or regulation. Xxxxxx is personally responsible for all SMS messages originated and sent via the chat Services provided to Dealer. Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION.

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges acknowledge that, as part of the Services, Dealer may receive use of and access to certain toll-free toll­free and local tracking phone numbers, as well as other Services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer agrees and acknowledges that neither Shift Digital, nor MBCA, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls (the "Call Receivers"). Dealer agrees, acknowledges, represents and warrants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Dealer will not use these Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx Dealer is personally responsible for all SMS messages originated and sent via the chat Services provided to Dealer. Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION. If Dealer subscribes to one or more Black Book® online trade-in tools, Dealer understands and agrees that Dealer’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://xxx.xxxxxxxxxxxx.xxx/VeretechTC/TermsofUse.htm, which are incorporated herein by reference and made a part of the Agreement. If Dealer subscribes to one or more Xxxxxx Blue Book® online trade-in tools, Dealer understands and agrees that Dealer’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://x0x.xxx.xxx/atcleaddriver, which are incorporated herein by reference and made a part of the Agreement.

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges that, as part of the Services, that certain Services may provide Dealer may receive with access to and use of and access to certain toll-free toll‐free and local tracking phone numbers, as well as other Services services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer agrees and acknowledges that neither Shift Digital, nor JLRNA, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive any person whose information is provided by Dealer to Shift Digital for the express purpose of receiving telephone calls (collectively, the "Call Receivers"). Dealer agreesrepresents, acknowledges, represents warrants and warrants covenants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Shift Digital represents, warrants and covenants that outbound calls made by Shift Digital will be manually dialed and will not utilize pre-recorded messages. Dealer will not use these the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including ), including, but not limited to to, unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx Dealer is personally responsible for all SMS messages originated and sent via the chat Services provided to DealerDealer (if any). Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION.

Use of the Services. In order to access certain Services, Dealer Retailer may be required to provide information about Dealer Retailer and DealerRetailer’s business (such as identification, billing or contact details). Dealer Retailer agrees that any information Dealer Retailer provides will be accurate, complete and up to date. Dealer Retailer agrees to maintain the confidentiality of passwords associated with any account Dealer Retailer uses to access the Services. Dealer Retailer acknowledges that the Services may allow Dealer Retailer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer Retailer agrees that Dealer Retailer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer Retailer or DealerRetailer’s designees. Dealer acknowledges Retailer acknowledge that, as part of the Services, Dealer Retailer may receive use of and access to certain toll-free and local tracking phone numbers, as well as other Services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer Retailer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer Retailer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer Retailer represents, warrants and agrees in connection with DealerRetailer’s use of the Services, that Dealer Retailer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer Retailer is permitted to engage in such activities, and that Dealer Retailer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer Retailer represents and warrants that Dealer Retailer has had the opportunity to review the proposed usage of the Numbers with DealerRetailer’s legal counsel, and that Dealer Retailer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Retailer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer Xxxxxxxx agrees and acknowledges that neither Shift Digital, nor INFINITI, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Retailer agrees and acknowledges that applicable laws and regulations may require that Dealer Retailer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls (the "Call Receivers"). Dealer Retailer agrees, acknowledges, represents and warrants that Dealer Retailer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Dealer Retailer will not use these Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages. Dealer Retailer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx Retailer is personally responsible for all SMS messages originated and sent via the chat Services provided to DealerRetailer. Actions taken using DealerRetailer’s credentials shall be deemed to be actions taken by the DealerRetailer. DEALER RETAILER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALERRETAILER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALERRETAILER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION. RETAILER AGREES TO THE USE OF INFORMATION AND DATA PROVIDED BY RETAILER’S CUSTOMERS IN ACCORDANCE WITH RETAILER’S PRIVACY POLICIES. Retailer will ensure that all websites or other online Services provided to Retailer during the term of the Agreement that are accessible to consumers contain privacy statements complying with any and all applicable laws governing the use, collection, protection or other processing of information about identifiable individuals or households, advising the individuals how their personal information will be used, collected, stored, protected, and otherwise processed. Retailer does not provide and during the term of the Agreement will only provide personal Information to Shift Digital that Retailer received via its website or other online services in a manner that is consistent with its published privacy policies, in full compliance with all laws pertaining to such information, and in a manner that provides safe and secure storage and protection of such personal information. If Retailer subscribes to one or more Black Book® online trade-in tools, Retailer understands and agrees that Retailer’s use of such online trade-in tools shall be subject to, and Retailer agrees to the additional terms and conditions set forth at, xxxx://xxx.xxxxxxxxxxxx.xxx/VeretechTC/TermsofUse.htm, which are incorporated herein by reference and made a part of the Agreement. If Retailer subscribes to one or more Xxxxxx Blue Book® online trade-in tools, Retailer understands and agrees that Retailer’s use of such online trade-in tools shall be subject to, and Retailer agrees to the additional terms and conditions set forth at, xxxx://x0x.xxx.xxx/atcleaddriver, which are incorporated herein by reference and made a part of the Agreement. If Retailer subscribes to one or more services provided by Podium Corporation, Inc. (“Podium”), Xxxxxxxx understands and agrees that Retailer’s use of such services shall be subject to, and Retailer agrees to the additional terms and conditions set forth at, xxxxx://xxxxx.xxxxxx.xxx/#termsofservice- us, which are incorporated herein by reference and made a part of the Agreement.

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges acknowledge that, as part of the Services, Dealer may receive use of and access to certain toll-free tollfree and local tracking phone numbers, as well as other Services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer agrees and acknowledges that neither Shift Digital, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls (the "Call Receivers"). Dealer agrees, acknowledges, represents and warrants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Dealer will not use these Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx is personally responsible for all SMS messages originated and sent via the chat Services provided to Dealer. Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION. If Dealer subscribes to one or more Black Book® online trade-in tools, Dealer understands and agrees that Dealer’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://xxx.xxxxxxxxxxxx.xxx/VeretechTC/TermsofUse.htm, which are incorporated herein by reference and made a part of the Agreement. If Dealer subscribes to one or more Xxxxxx Blue Book® online trade-in tools, Dealer understands and agrees that Xxxxxx’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://x0x.xxx.xxx/atcleaddriver, which are incorporated herein by reference and made a part of the Agreement.

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges acknowledge that, as part of the Services, Dealer may receive use of and access to certain toll-free toll­free and local tracking phone numbers, as well as other Services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Xxxxxx agrees and acknowledges that neither Shift Digital, nor MBUSA, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls (the "Call Receivers"). Dealer agrees, acknowledges, represents and warrants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Dealer will not use these Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx is personally responsible for all SMS messages originated and sent via the chat Services provided to Dealer. Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION. If Dealer subscribes to one or more Black Book® online trade-in tools, Dealer understands and agrees that Dealer’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://xxx.xxxxxxxxxxxx.xxx/VeretechTC/TermsofUse.htm, which are incorporated herein by reference and made a part of the Agreement. If Dealer subscribes to one or more Xxxxxx Blue Book® online trade-in tools, Dealer understands and agrees that Dealer’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://x0x.xxx.xxx/atcleaddriver, which are incorporated herein by reference and made a part of the Agreement.

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges that, as part of the Services, that certain Services may provide Dealer may receive with access to and use of and access to certain toll-free toll‐free and local tracking phone numbers, as well as other Services services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer agrees and acknowledges that neither Shift Digital, nor Subaru, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive any person whose information is provided by Dealer to Shift Digital for the express purpose of receiving telephone calls (collectively, the "Call Receivers"). Dealer agreesrepresents, acknowledges, represents warrants and warrants covenants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Shift Digital represents, warrants and covenants that outbound calls made by Shift Digital will be manually dialed and will not utilize pre-recorded messages. Dealer will not use these the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including ), including, but not limited to to, unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx Dealer is personally responsible for all SMS messages originated and sent via the chat Services provided to DealerDealer (if any). Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION.

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges that, as part of the Services, that certain Services may provide Dealer may receive with access to and use of and access to certain toll-free toll‐free and local tracking phone numbers, as well as other Services services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer agrees and acknowledges that neither Shift Digital, nor Specialized, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls (collectively, the "Call Receivers"). Dealer agreesrepresents, acknowledges, represents warrants and warrants covenants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Dealer will not use these the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including ), including, but not limited to to, unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx Dealer is personally responsible for all SMS messages originated and sent via the chat Services provided to DealerDealer (if any). Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION.

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges acknowledge that, as part of the Services, Dealer may receive use of and access to certain toll-free toll­free and local tracking phone numbers, as well as other Services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer agrees and acknowledges that neither Shift Digital, nor VCCL, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls (the "Call Receivers"). Dealer agrees, acknowledges, represents and warrants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Dealer will not use these Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx Dealer is personally responsible for all SMS messages originated and sent via the chat Services provided to Dealer. Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION. If Dealer subscribes to one or more Black Book® online trade-in tools, Dealer understands and agrees that Dealer’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://xxx.xxxxxxxxxxxx.xxx/VeretechTC/TermsofUse.htm, which are incorporated herein by reference and made a part of the Agreement. If Dealer subscribes to one or more Xxxxxx Blue Book® online trade-in tools, Dealer understands and agrees that Dealer’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://x0x.xxx.xxx/atcleaddriver, which are incorporated herein by reference and made a part of the Agreement.

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges acknowledge that, as part of the Services, Dealer may receive use of and access to certain toll-free and local tracking phone numbers, as well as other Services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer agrees and acknowledges that neither Shift Digital, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls (the "Call Receivers"). Dealer agrees, acknowledges, represents and warrants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Dealer will not use these Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx Dealer is personally responsible for all SMS messages originated and sent via the chat Services provided to Dealer. Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION. If Dealer subscribes to one or more Black Book® online trade-in tools, Dealer understands and agrees that Dealer’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://xxx.xxxxxxxxxxxx.xxx/VeretechTC/TermsofUse.htm, which are incorporated herein by reference and made a part of the Agreement. If Dealer subscribes to one or more Xxxxxx Blue Book® online trade-in tools, Dealer understands and agrees that Dealer’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://x0x.xxx.xxx/atcleaddriver, which are incorporated herein by reference and made a part of the Agreement.

Use of the Services. In order to access certain Services, Dealer Retailer may be required to provide information about Dealer Retailer and DealerRetailer’s business (such as identification, billing or contact details). Dealer Retailer agrees that any information Dealer Retailer provides will be accurate, complete and up to date. Dealer Retailer agrees to maintain the confidentiality of passwords associated with any account Dealer Retailer uses to access the Services. Dealer Retailer acknowledges that the Services may allow Dealer Retailer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer Retailer agrees that Dealer Retailer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer Retailer or DealerRetailer’s designees. Dealer acknowledges Retailer acknowledge that, as part of the Services, Dealer Retailer may receive use of and access to certain toll-free and local tracking phone numbers, as well as other Services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer Retailer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer Retailer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer Retailer represents, warrants and agrees in connection with DealerRetailer’s use of the Services, that Dealer Retailer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer Retailer is permitted to engage in such activities, and that Dealer Retailer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer Retailer represents and warrants that Dealer Retailer has had the opportunity to review the proposed usage of the Numbers with DealerRetailer’s legal counsel, and that Dealer Retailer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Retailer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer Retailer agrees and acknowledges that neither Shift Digital, nor INFINITI, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Retailer agrees and acknowledges that applicable laws and regulations may require that Dealer Retailer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls (the "Call Receivers"). Dealer Retailer agrees, acknowledges, represents and warrants that Dealer Retailer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Dealer Retailer will not use these Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages. Dealer Retailer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx Retailer is personally responsible for all SMS messages originated and sent via the chat Services provided to DealerRetailer. Actions taken using DealerRetailer’s credentials shall be deemed to be actions taken by the DealerRetailer. DEALER RETAILER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALERRETAILER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALERRETAILER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION. If Retailer subscribes to one or more Black Book® online trade-in tools, Retailer understands and agrees that Retailer’s use of such online trade-in tools shall be subject to, and Retailer agrees to the additional terms and conditions set forth at, xxxx://xxx.xxxxxxxxxxxx.xxx/VeretechTC/TermsofUse.htm, which are incorporated herein by reference and made a part of the Agreement. If Retailer subscribes to one or more Xxxxxx Blue Book® online trade-in tools, Retailer understands and agrees that Retailer’s use of such online trade-in tools shall be subject to, and Retailer agrees to the additional terms and conditions set forth at, xxxx://x0x.xxx.xxx/atcleaddriver, which are incorporated herein by reference and made a part of the Agreement.

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges acknowledge that, as part of the Services, Dealer may receive use of and access to certain toll-free toll•free and local tracking phone numbers, as well as other Services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer agrees and acknowledges that neither Shift Digital, nor PCNA, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls (the "Call Receivers"). Dealer agrees, acknowledges, represents and warrants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Dealer will not use these Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx is personally responsible for all SMS messages originated and sent via the chat Services provided to Dealer. Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION. If Dealer subscribes to one or more Black Book® online trade-in tools, Dealer understands and agrees that Dealer’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://xxx.xxxxxxxxxxxx.xxx/VeretechTC/TermsofUse.htm, which are incorporated herein by reference and made a part of the Agreement. If Dealer subscribes to one or more Xxxxxx Blue Book® online trade-in tools, Dealer understands and agrees that Dealer’s use of such online trade-in tools shall be subject to, and Dealer agrees to the additional terms and conditions set forth at, xxxx://x0x.xxx.xxx/atcleaddriver, which are incorporated herein by reference and made a part of the Agreement.

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges that, as part of the Services, that certain Services may provide Dealer may receive with access to and use of and access to certain toll-free toll‐free and local tracking phone numbers, as well as other Services services relating to such numbers (collectively, with the Servicesservices, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer agrees and acknowledges that neither Shift Digital, nor H-D, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive any person whose information is provided by Dealer to Shift Digital for the express purpose of receiving telephone calls (collectively, the "Call Receivers"). Dealer agreesrepresents, acknowledges, represents warrants and warrants covenants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Shift Digital represents, warrants and covenants that outbound calls made by Shift Digital will be manually dialed and will not utilize pre-recorded messages. Dealer will not use these the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including ), including, but not limited to to, unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx Dealer is personally responsible for all SMS messages originated and sent via the chat Services provided to DealerDealer (if any). Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION.

Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges that, as part of the Services, that certain Services may provide Dealer may receive with access to and use of and access to certain toll-free toll‐free and local tracking phone numbers, as well as other Services services relating to such numbers (collectively, with the Servicesservices, the "“Number(s)"”). Dealer acknowledges and understands that when a person (the "“Caller"”) calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "“Recorded Call Message"”). Shift Digital shall only use or disclose the call recording for the purposes set out in the Call Recording Message, unless otherwise required by law. Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital agrees in writing of that it will only recordfact, monitor, store and/or divulge telephone calls in accordance advising Shift Digital as to the exact language necessary to comply with the applicable privacy laws. Dealer agrees and acknowledges that neither Shift Digital, nor H-D, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the legality of the language used in the Recorded Call Message. Dealer agrees and acknowledges that applicable laws and regulations may require that Dealer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive any person whose information is provided by Dealer to Shift Digital for the express purpose of receiving telephone calls (collectively, the "“Call Receivers"”). Dealer agreesrepresents, acknowledges, represents warrants and warrants covenants that Dealer will provide and/or obtain all notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Shift Digital represents, warrants and covenants that outbound calls made by Shift Digital will be manually dialed and will not utilize pre-recorded messages. Dealer will not use these the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including ), including, but not limited to to, unsolicited or unwanted SMS or text messages. Dealer will not improperly engage in activity which is prohibited by applicable law the United States Federal Communications Commission or regulationother government authority has prohibited. Xxxxxx Dealer is personally responsible for all SMS messages originated and sent via the chat Services provided to DealerDealer (if any). Actions taken using Dealer’s credentials shall be deemed to be actions taken by the Dealer. DEALER SHALL, AS REQUIRED BY APPLICABLE LAW OR REGULATION, PROVIDE NOTICE TO DEALER'S ’S CUSTOMERS AND OBTAIN CONSENT, IF REQUIRED FOR USE OF THE SERVICES, IN DEALER'S ’S PRIVACY POLICY AND/OR AS OTHERWISE REQUIRED BY LAW OR REGULATION.