Eligible D2D Participants. "Eligible D2D Participants" include Buyers and Sellers registered and in good standing with AuctionAccess® and DealerSource.com and will be bound by the ADESA and OPENLANE Terms and Conditions as may be amended from time-to-time. For the avoidance of doubt, the parties understand and agree that Company shall cause its Eligible D2D Participants to accept the ADESA and OPENLANE Terms and Conditions, including express consent of the ADESA and OPENLANE Terms and Conditions via an electronic signature mechanism, acknowledging and agreeing that such terms and conditions govern the D2D Program; and shall cooperate with OPENLANE / ADESA.com in the reasonable administration and enforcement of the same.
Eligible D2D Participants are the owners of all vehicle sold under the D2D Program. All vehicles sold and purchased in the D2D Program from individual Buyers and Sellers are sold and purchased in accordance with the ADESA and OPENLANE Terms and Conditions, as may be amended from time-to-time, including arbitration rules. GMF is not a party to any vehicle sale transaction in the D2D Program.
Eligible D2D participant agrees to indemnify, defend and hold harmless AmeriCredit Financial Services, Inc. d/b/a GM Financial and OPENLANE/ADESA.com, their respective officers, directors, employees, agents, successors and assigns, from any and all costs, expenses, damages, liabilities, losses, judgments, and claims, including attorneys' fees and legal expenses (collectively, the "Losses") and threatened Losses arising from, in connection with, or based on allegations of, relating to the sale or purchase of consigned vehicles through, and all services related to, the D2D Program, or breach by Eligible D2D Participant of any of the ADESA and OPENLANE Terms and Conditions.