ROGEE® DEALER SERVICES

Software As A Service

DEALER AGREEMENT

Usage Terms, Conditions and Policies

TERMS, SERVICES, CHARGES
TERMS: YEARLY (12 MONTHS). CHARGES VARY. PLEASE SEE INVOICE FOR DETAILS ON CURRENT CHARGES. DOWNLOAD INVOICE: ROGEEPAY.COM
CUSTOMER, YOU, USER
TOM WOOD NISSAN COMMERCIAL VEHICLES
4150 E. 96TH ST.
INDIANAPOLIS, IN, 46240
Customer Number:
9302002084441483
VENDOR, US, WE, OUR
ROGEE, Inc.
DealerSERVE
PO BOX 3191
QUARTZ HILL, CA 93586
Phone: 1-800-360-0397
Website: DealerSERVE.com
Email: accounting@rogee.com

Legal and Binding Agreement

This document is a legal and binding agreement between You (''Customer, User, Dealer, TOM WOOD NISSAN COMMERCIAL VEHICLES'') and ROGEE® CORPORATION (''Vendor, Provider, Webmaster, We, Us, Our, ROGEE®'') concerning our Products and Services (''Site, Website, System, Product(s), Service(s), Utility'') that you use for your business, including, but not limited to: DealerSERVE (DSV), Commercial Vehicles Manger (CVM), Autos-Related Website (ARW), Dealer Video Marketing (DVM), Autos Internet Marketing (AIM), Dealer Inventory Distribution (DIB), Staff Web Page (SWP), Auto Buying Program (ABP), Auto Buy Back (ABB), MAP Pricing Calculator (MPC), Enterprise Email Hosting (EEH), Domain Name Management (DNM), Service & Sales Scheduler (SSS), Text Messaging Services (TMS), RANDY Artificial Intelligence (RND), and other ROGEE® Business Intelligence (RBI) solutions presented at rogee.com/dealer-services/ and rogee.com/business-solutions/ web portals.

Agreement Acceptance by Access

This is a ''Public Utility Service'' agreement based on the Federal Communications Commission - FCC code 17-166 (designating the Internet as Utility, not Luxury); and as a utility, No Physical Signature is Necessary to Activate This Service. Your Initial Browser Access and Use is Your e-Signature and Acceptance of this Agreement.

By accessing and using this product (this website), you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these terms, do not use this website. EXIT IMMEDIATELY and notify your ROGEE® Representative [Phone: 800-360-0397, Email: billing@rogee.com, Online Form: rogee.com/contact/] that you do not accept these terms or this Service, otherwise, this Agreement is now in effect due to your Access and Use of this Utility as provided by to ROGEE® to you, TOM WOOD NISSAN COMMERCIAL VEHICLES.

SaaS - Software as a Service - Yearly Term

This product is offered as SaaS (Software as a Service); and, unless otherwise stated elsewhere within this Agreement, is provided to you on a yearly basis (12 Months Term). This agreement will renew on January 1st of each year. You are liable for the full yearly payment, which may be divided into equal monthly installments. Each monthly installment / payment is due on the 1st of the month. Your total payment amount(s) and the Product(s) used by you are reflected on your monthly invoice, which will be billed by Credit/Debit Card on file, if applicable, or by digital invoice emailed to your Accounting Team, or by paper invoice post-mailed to your business mailing address. All invoices are PID (Pay In Advance) or, at latest, DUR (Due Upon Receipt) from ROGEE ®. View or download invoices at rogeepay.com.

Timely Cancellation

In the event that you, TOM WOOD NISSAN COMMERCIAL VEHICLES, no longer wish to use this ROGEE® Software As A Service for next year, you must cancel / notify ROGEE® in writing (email, post mailed, or Support Ticket [rogee.com/support/]) on or before December 2nd of this year (i.e. within the required 30-day Cancellation Period); otherwise, this Agreement shall renew on January 1st of next year. Timely cancellations within the 30-day Cancellation Period must be accompanied by all, if any, outstanding payment(s), plus December's payment.

Untimely Cancellation

An untimely cancellation of this ROGEE® Software As A Service by you, TOM WOOD NISSAN COMMERCIAL VEHICLES, between January 1st and December 1st of this year is acceptable only when accompanied by all, if any, outstanding payments, plus full payments for the remaining months of this year. You agree to make full final payment(s) within 30 days of the cancellation date. Please post-mail your final check payment(s) to the address shown above.

Associated Charges

You are liable for all additional fees and charges levied by third-party for return payments, insufficient funds, closed accounts or any other discrepancy that may cause your payment to us to not be successful.

License to Use Site

BUSINESS USE: You, TOM WOOD NISSAN COMMERCIAL VEHICLES, are granted unlimited use of the product to market, promote, and conduct your business. You may access the ROGEE® system and related web services 24/7 as needed. Use must be limited to current TOM WOOD NISSAN COMMERCIAL VEHICLES employees, officers, and owners. Third-party vendors and/or partners for TOM WOOD NISSAN COMMERCIAL VEHICLES may, where necessary, have limited access to specified sections of the product; and such access, without exception, must first be pre-approved by ROGEE®. The customer, TOM WOOD NISSAN COMMERCIAL VEHICLES is solely responsible for all third-party changes made to the product. Therefore, mistakes, non-compliance OEM strikes, incongruencies, and other undesirable effects resulting from changes made by TOM WOOD NISSAN COMMERCIAL VEHICLES's vendor(s) to the product are the responsibility of TOM WOOD NISSAN COMMERCIAL VEHICLES.

PERSONAL USE: You must be at least 13 years of age in order to use this site. You may use the Site and its content for personal, non-commercial purposes only. You may not use the Site in a way that could damage its content or impair its nominal operation in any way. You must access this website only through an HTTP connection with an Internet browser. No other form of use is granted. For example, FTP, SSH, Telnet, etc. are all strictly prohibited.

ROGEE® Logos Usage

ROGEE® has created various and unique logos to represent the various ROGEE® products and services available on the market. Customers who may need to link from their site to the appropriate product are granted limited permission to use only official ROGEE® logos to embed links. You may not alter logos in any form other than resizing and cropping of surrounding space to cause logo to fit within your desired design parameters. Logos colors may not be altered. If a ROGEE® logo is placed close to any other logo, including an OEM logo, there must be visible clearance space between the two logos.

Intellectual Property

Our product and all of its content including, but not limited to, articles, text copies, products and services names and descriptions, software tools and utilities, photographs, illustrations, graphics, designs, logos (collectively, the ''Intellectual Property'') are protected by copyright, trademark, and other protective laws. The Intellectual Property is owned by ROGEE® or the party credited as owner of the Intellectual Property. All software used on the Site is the property of ROGEE® or corresponding software suppliers and is protected by copyright, trademark, and patent laws.

By providing information on the Site, ROGEE® does not grant any licenses to any copyrights, patents or any other intellectual property rights. The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial non-personal purposes of any material or element from the Site including, but not limited to, the Site content, the Site software, the design or layout of the Site, individual elements of the Site design, or any logo or image without the express written permission of ROGEE®, is strictly prohibited.

Linking to the Site is permitted under the following conditions. If You link to the Site, You may not portray any person, event or subject in a false or misleading light. Persons wishing to link to the Site shall not create a link that contains a frame. All links to any web page in the Site network shall only be through a separate browser window or a tab, with the URL address of the Site web page and its title clearly visible in the address.

User Submissions

By sending any information, material or communication (User Submissions) or posting User Submissions anywhere on the Site, you grant ROGEE® a worldwide, unrestricted, irrevocable, royalty-free, sublicenseable and transferable license to use, copy, reproduce, display, perform, modify, prepare derivative works of, translate, transmit and distribute those User Submissions, and you also agree that ROGEE® is free to use any ideas, concepts, know-how or techniques included in User Submissions for any purpose.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant by submitting any materials that such submission does not infringe any third-party intellectual property rights. You agree not to use any facilities or resources available on or through the Site to transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law.

Modifications and Availability

THE PRODUCT: We reserve the right to modify, suspend or discontinue the website and its related services at any time, without notice. As your vendor, we will abide by the Timely and Untimely Cancellation clauses stated in this Agreement. While we will strive to have this site always available to Internet users, we do not guarantee and are not responsible for latencies and other network-related issues, beyond our control, that may cause the website to not be available. We guarantee a 99% up-time on our web servers and our local inter-networking system. In the event of outages and connection problems, beyond our control, our team will work with all Internet Service Providers in your path to our servers to restore services as soon as possible.

THIS CONTRACT: We may at any time revise these terms to reflect modern technology changes and updates necessary to the product. By using the website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

Trademarks

The trademarks, logos, and service marks (collectively, the ''Trademarks'') displayed on the Site are the property of ROGEE® and other respective owners. Your use of the Trademarks displayed on the Site without the written permission of ROGEE® or the third party that owns the Trademarks is strictly prohibited. Images, videos, text copy, and other elements may fall under trademark protections.

Privacy

Your privacy is very important to us and we are strongly committed to protecting it. ROGEE® does not share or sell customers information inputted on our system. Your information is used only to transact with you and/or the parties you may have granted use permissions.

Liability Limits

ROGEE® shall not be liable for:
  • The contents of any communication, message, or other information sent by You or third parties to this Site, or posted by You or other third parties on any part of the Site

  • The contents or availability of any website that is accessed from or linked to any part of the Site

  • The content of any third party website or service that is automatically retrieved and displayed on this website

  • Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure

  • Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Site, or download any of the software through any of the Site, even if we have been advised of the possibility of such damages

Indemnification

You agree to indemnify and hold ROGEE®, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, losses, damages, and expenses (including attorneys fees and expenses) arising out of or relating to: Your use of any parts of the Site; Your use of any products or services offered by third-parties through the Site; Your download and/or use of any of the software available for download through any part of the Site.

Early Termination

ROGEE® may, at its own discretion, terminate Your right to use the Site if you fail to comply with any term or provision of these Terms of Use, resulting in a breach of contract by you. In the case of such breach of contract and termination, you, TOM WOOD NISSAN COMMERCIAL VEHICLES shall still be responsible for the monthly installment payment(s), if any, of the remaining months of this year.

Copyright Infringement Notification

ROGEE® is committed to promoting legal entertainment (e.g. music, videos, plays) and to protecting the rights of copyright holders. ROGEE® seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.

Disclaimer of Warranties

Information on this website may contain technical inaccuracies or typographical errors -- periodic errors are part of the Internet ecosystem. We will attempt to quickly correct any errors that are brought to our attention. Information may be changed or updated without notice. ROGEE® may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

ROGEE® assumes no responsibility regarding the accuracy of the information that is provided on this site and use of such information is at the recipient's own risk.

IN NO EVENT WILL ROGEE® BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL INFORMATION IS PROVIDED BY ROGEE® ON AN ''AS IS'' BASIS ONLY. ROGEE® PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

ROGEE® DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Direct all your questions to our ''Legal Department'' using the contact page found at our main site: ROGEE.com.

### End of Agreement

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AI TEXT.
Artificial Intelligence Texting
RANDY your Artificial Intelligence Personal Assistance will answer your questions, 24/7, and help you buy or service your car at Tom Wood Nissan Commercial Vehicles.
RANDY, TEXT ME Dealer Info
Our Location:
Tom Wood Nissan Commercial Vehicles
4150 E. 96th St.
Indianapolis, IN 46240
TEXT ME Dealer Info LOCATE
Today's Hours:
Sun. Jan. 20, 2019
Closed Today
See Weekly Hours
Phone Numbers:
Sales: 855-434-4130
Service: 855-523-5974
Parts: 855-567-1457
DISCLAIMERS & LEGAL NOTICES:
This page downloaded
at this Dealer's local time:
Sunday, Jan, 20 2019, 06:35:31 PM
From Computer IP#: 54.144.24.41
[*] Vehicle MSRP and Prices may exclude government fees and taxes, license, registration, electronic filing charges, any finance charges, any emissions testing charges, any dealer added options, and dealer purchase or lease charges. Dealer prices may vary. ''Web Price'' for New Vehicles may include offers that you quality for. Destination charges, when applicable, may vary per model. Click models to see current destination charges. New Vehicle Mileage, City and Highway MPG, and Fuel Economy based on EPA mileage estimates and are used here for comparison purposes only. Your actual mileage will vary depending on how you drive and maintain your vehicle.
[**] ALL PRICES EXPIRE AT MIDNIGHT. The price for this vehicle as equipped does not include charges such as: License, Title, Registration Fees, State or Local Taxes, Finance Charges, Credit Investigation, Optional Credit Insurance, Physical Damage of Liability Insurance, Delivery Fees. Website software provider (ROGEE®) and Dealership (NISSAN®) makes no representations, expressed or implied, to any actual or prospective purchaser or owner of this vehicle as to the existence, ownership, accuracy, description or condition of this vehicle's listed equipment, accessories, price or any warranties. Any and all differences must be addressed prior to the sale of this vehicle.
[***] INVENTORY AVAILABILITY: Inventory shown and vehicle built on this website may not be available. Contact this Dealer for details regarding Dealer's current inventory available for purchase or lease.
[****] CONTACTING AND TEXTING: Text Messaging: By submitting a web form with my information at this website, I agree that: (1) I give this NISSAN dealer and its authorized affiliates permission to contact me about the selected products, services and promotions at the phone number and/or email address I have provided. (2) I consent to be contacted through text messages and/or through the use of an automated technology. (3) I am not required to sign an agreement or agree to the foregoing as any condition of purchasing any property, goods, or services from NISSAN. (4) I acknowledge that I have read and do agree to the posted Privacy statement and Electronic Records Disclosures.
[*****] COPYRIGHT TRADEMARKS: All logos, service marks, and trademarks that appear within this website, for presentational purposes only, including NISSAN®, ROGEE®, RANDY®, DEALERSERVE® are the properties of their respective owners. © 2018 All Rights Reserved. No part of this website may be copied, reproduced, or distributed without permission from ROGEE®.
THANK YOU, in advance, for selecting to purchase your next vehicle from Tom Wood Nissan Commercial Vehicles. We are committed to customer service excellence before, during and after the sale.
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