PLEASE READ AND SIGN EACH OF THE STATEMENTS BELOW TO ACKNOWLEDGE THAT THE BUYER HAS READ, UNDERSTANDED, AND ACCEPTED THESE TERMS.
1. The Buyer understands and agrees to the System's installation in the Vehicle. Buyer also acknowledges that he or she may be able to purchase a Vehicle from another source that does not require the System to be installed, but he or she has chosen to purchase the Vehicle with the System installed.
2. The Buyer acknowledges and accepts that the System employs GPS technology to monitor and locate the Vehicle at all times, as well as to preserve a complete record of the Vehicle's speed, direction, movement, location, and times for each item recorded. Buyer further knows and accepts that the System may be used by the Dealer/Assignee in any way that its capabilities allow, including but not limited to:
2.a. Before assignee agrees to acquire the Contract, identifying the locations and times where the Vehicle is located as a means of confirming Buyer's domicile and occupation;
2.b. Tracking and locating the Vehicle at the discretion of the Dealer/Assignee at any moment or at all times;
2.c. Keeping a record of the movement and/or location of the Vehicle on various dates and times or at all times at Dealer/Assignee's discretion;
2.d. If the Vehicle exits a pre-defined geographic area designated by Dealer/Assignee, the System will automatically notify Dealer/Assignee of its location.
2.e. Using the System's information to safeguard Dealer/interest Assignee's in the Vehicle in any way that Dealer/Assignee deems acceptable;
2.f. Providing information about the Vehicle's previous or current movement and/or location to third parties supporting Dealer/Assignee in safeguarding its interests or as otherwise permitted by applicable law at any time or at all times.
3. Buyer knows and acknowledges that the System's purpose is to protect the Dealer/interests Assignee's in the Vehicle, and that no one has claimed to Buyer that the System is a theft prevention system or otherwise benefits Buyer. Buyer has not agreed to the System's installation and usage in the Vehicle because of any potential benefits to Buyer. Buyer agrees, however, that in the event that the Vehicle is stolen, the Dealer/Assignee may utilize the System to disclose information to law enforcement authorities, insurers, and/or any other third party involved in the investigation, adjustment, or settlement of any claim. Buyer undertakes to notify Dealer/Assignee immediately if the Vehicle and/or System are stolen.
4. Buyer accepts that Dealer/Assignee is not liable for any incidental or consequential damages resulting from the usage of the System in the way indicated in this Agreement.
5. Buyer understands and agrees that the System can be used to track the Vehicle at all times, whether on public or private property, and that by agreeing to the installation and use of the System, Buyer waives any claim to confidentiality or a right to privacy in connection with the operation, Dealer/use Assignee's of the System, and to whom Dealer/Assignee provides System information and data, except as otherwise provided by applicable law. Buyer accepts that any information obtained through the System by Dealer/Assignee is subject to the privacy policies of Dealer/Assignee, which have been or will be provided to Buyer upon writing request. Buyer further understands and agrees that the collection of information by the System may affect third parties in the Vehicle and that Buyer is solely responsible for providing notice to
such persons that their movement and/or location may be tracked while in the Vehicle.
6. The Buyer acknowledges and agrees that the System does not belong to him and instead belongs to the Dealer/Assignee.
7. Buyer acknowledges and accepts that no payment or charge has been made for the System or its installation in the Vehicle, and that the cash price that Buyer has agreed to pay for the Vehicle has not been increased in any manner as a result of the System's installation.
8. Buyer acknowledges and accepts that the Dealer/Assignee has the right to assign the Contract's rights, title, and interest at any time. The terms and circumstances of this Agreement will not be affected if the Dealer/Assignee assigns the Contract, unless the assignee becomes a party to the Agreement.
9. The installation and maintenance of the System in the Vehicle is a substantial condition for the Dealer/Assignee to finance the purchase of the Vehicle, and as such, constitutes consideration for the provisions of this Agreement and the Contract.
10. Buyer knows and accepts that if Buyer tampers with, modifies, disconnects, or removes the System from the Vehicle, Buyer will be responsible for the cost of repairing or replacing the System, in addition to any other remedies available to Dealer/Assignee.
11. Only the Dealer/Assignee, assignee, or one of its authorized representatives is permitted to undertake maintenance on the System or any of its components, as Buyer understands and agrees. Buyer agrees to make the Vehicle available to Dealer/Assignee or one of their representatives during normal business hours if maintenance or repair of the System is required during the term of the Contract or this Agreement. Except for the repairs noted in Section 10 above, Buyer acknowledges and agrees that the cost of all repairs to the System will be borne entirely by the Dealer and/or assignee.
12. Buyer understands and accepts that without first paying all outstanding amounts owing under the Contract, Buyer has no right to sell, trade-in, or otherwise transfer the Vehicle to another party. Buyer also acknowledges and agrees that in the event of a sale, trade-in, or other transfer, Buyer must notify the other party of the existence of the System, as well as the Dealer/name Assignee's and address, and that the System will not be disabled or removed until all amounts due under the Contract have been paid.
Buyer acknowledges receipt of this Agreement by signing below: