TERMS OF SERVICE
This is an Agreement between you and V12Software / DealersDigital This Agreement refers to V12Software / DealersDigital as “we,” “us,” or “our.” This Agreement applies to any V12Software / DealersDigital Office, online and offline (and their successor sites), services (including pre-release services) and software, including all updates, support, and content. This Agreement refers to all of these as the “service.” This Agreement also covers your use of any additional V12Software / DealersDigital services for which you sign up while this Agreement is in force, unless other terms accompany those services. If so, those terms apply. You represent that you are at least 18 years of age or have attained the age of majority where you live, and that all information you supply is true and correct. Each service may have other posted notices or codes of conduct. All such notices and codes of conduct are incorporated by reference into this Agreement.
You may only use the service if you agree to these terms. If you do not agree, do not use the service. This Agreement limits our liability and disclaims warranties for the service to the maximum extent permitted by law. Please read these sections of the Agreement carefully.
CREATING AN ACCOUNT
If you create an account to use the service, you may start using the service as soon as you have finished the sign-up process. As indicated during the setup process, some parts of the service may not be available right away while we configure them for your use. If you do not create an account to use the service, you can use the available service right away.
Please notice, the one who has access to the login email is the one who owns the account. It is your responsibility to keep your email credentials secure!
In using the service, you will comply with all laws, comply with any codes of conduct or other notices we provide, comply with the V12Software / DealersDigital Anti-Spam Policy, keep your username and password secret, promptly notify us if you learn of a security breach related to the service. only access an Account Holder’s V12 Software account by using a password and username which that Account Holder authorizes you to use; and only use The Service on behalf of the Account Holder whose V12 Software account you are accessing and solely for management purposes relating to that Account Holder’s own business, which are legal.
In using the service, you may not use the service in any way that harms V12Software / DealersDigital or its affiliates, resellers, distributors and/or vendors (collectively, the “V12Software / DealersDigital parties”), or any customer of a V12Software / DealersDigital party, engage in, facilitate, or further unlawful conduct, damage, disable, overburden, or impair the service (or the networks connected to the service) or interfere with anyone’s use and enjoyment of the service, resell or redistribute the service, or any part of the service, unless you have a Agreement with V12Software / DealersDigital that permits you to do so, use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”), use any unauthorized third-party software or service to access the V12Software / DealersDigital instant messaging network, use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by V12Software / DealersDigital or “meta-searching”), or use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service. question or dispute our ownership of the intellectual property rights in The Service; nor use The Service if you are one of our competitors (or if you plan to become one) or otherwise for the purpose of conducting any benchmarking or comparison with any comparable or competing product.
YOUR SERVICE ACCOUNT
You may establish a service account and password for the service. The service may enable you to have other people create member accounts and passwords associated with your account. We call these “associated accounts.” You are responsible for all activity under your account, associated accounts, and passwords.
If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and in some cases, to request and receive computer and service use information related to your associated account. Any data related to your associated account is collected and delivered to the account holder and V12Software.
CHANGE TO THIS AGREEMENT
V12Software / DealersDigital may change this Agreement at any time without notice. If we make a material change to this Agreement, we will notify you at least 30 days before the change takes place. If you do not agree to the change, you must cancel and stop using the service before the change takes place. If you do not stop using the service, your continued use of the service will be under the changed Agreement.
Payment. When you sign up for the basic or premium service, you will provide a payment method. You confirm that you are authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign up or use while this Agreement is in force. If the amount to be charged to your payment method is greater than the amount you pre-authorized, we will tell you the amount at least 10 days before we charge you.
Charges. You will pay service charges in advance. We may charge you at one time for more than one of your prior billing periods. After the free trial period, you will be billed for our services on a recurring basis until and unless the service we are providing is cancelled by you. you.
Updates to your Billing Account. You must keep all information in your billing account accurate and current, including your billing address and any expiration date for your payment method. You can access and make changes to your billing account by logging in to your account. You may change your payment method at any time. If you tell us to stop using your payment method and do not provide an alternative payment method, we will cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
Trial Period Offers. You may receive a limited time of free service or some other trial period offer. Unless we tell you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges or having your service downgraded to a service for which there is no subscription fee. If you do not cancel your service and we have told you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service. If we downgrade your service to one for which there is no subscription fee, some of your data may not be available to you and V12Software / DealersDigital may delete that data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.
Prices and Price Increases. The price for the service excludes taxes, phone and Internet access charges, mobile text messaging, wireless service and other data transmissions, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. If there is a specific time length and price for your service offer, then that price will remain in force for that time. When the offer period ends, we will charge you a new price for that service. We may change the price of the service from time to time, but we will give you at least 30 days notice before a new price takes effect. If you do not agree to the new price, then you must cancel and stop using the service before the new price takes effect. If your service is on a period basis (for example, monthly or annually), then the new price will start on the date that we indicate.
Plan Conversion. You may be able to switch your service to a different plan. If you do, you authorize us to charge your payment method for any new service charges. If you switch to a service for which we do not charge a subscription fee or for which we charge a lower fee, we will not refund the unused portion of the service charge for the subscription fee service you previously used or the difference in the amount of the service fees. You may not credit any refunds to other services.
Refunds. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by law. The costs of any refunds will be at your expense, unless otherwise provided by law.
Online Statement; Errors. We will only provide you with an online billing statement. Log into your account to view, print or request a paper copy of your statement. If you ask us to mail a copy to you, we may charge you a retrieval fee. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. If you do not tell us within this time, we will not be required to correct the error. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error.
Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time regardless of any disputes you may have raised about your bill. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your service if you do not pay in full and on time.
You agree that V12Software / DealersDigital may, from time to time, send you new product and feature announcements, marketing materials and promotional offers via email for the duration of your use of our services, and after your account has been closed. You may opt-out at any time of such communication by sending us an email containing all email addresses where you’d like to stop receiving these communications to email@example.com.
CHANGES TO THE SERVICE, CANCELLATION OR TERMINATION
V12Software / DealersDigital may change the service at any time and for any reason without notice. We may cancel or suspend your service or a portion of your service at any time and for any reason without notice, including if you violate the terms of this Agreement. If we do, your right to use the service will stop right away. Cancellation of the service will not change your obligation to pay any charges due on your billing account.
You may cancel your service at any time for any reason by giving us a thirty day notice. Any third party service offerings are your responsibility and may require cancellation charges, as specified in the materials describing the offer.
Data. Upon termination or cancellation of the service by you or us for any reason, V12Software / DealersDigital may delete your data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.
Waiver of rights and obligations. To the extent necessary to implement the termination of this Agreement, each party waives any right and obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this Agreement.
V12Software / DealersDigital may establish limits on the service. For example, we may limit the number of days the service will retain e-mail messages, message board postings and other content that V12Software / DealersDigital, you or other users may post or provide, the number and size of e-mail messages that you may send or receive through the service, the maximum storage space on V12Software’s servers available to you, the amount of bandwidth available for traffic to a Website that we host for you, the number of users on your account or any associated accounts, the number of service accounts to which you may subscribe with one credit card, how long we retain an inactive service account, which we define as one where you do not sign in to the service for an extended period of time, and the number of transactions you can conduct through the service. If you exceed the published service limits, V12Software / DealersDigital reserves the right to cancel your service.
BETA VERSION OF SOME OF OUR FEATURES
A particular service may be a pre-release (beta) version. It may not work the way a final version of the feature or service will. We may change it for the final, commercial version. We may not release a commercial version. We also reserve the right to change a pre-release service at any time without advance notice to you.
Content. V12Software / DealersDigital, you, your associated account users and third parties may be able to post or store materials, including data, documents, information, advertisements, communications, messages and links to third party Websites (“content”) on the service. The service includes publicly accessible areas, such as a public Website that V12Software / DealersDigital hosts for you, a community bulletin board service, shared calendar or other public area that allows you to communicate with others (“public areas of the service”). It also includes areas of the service to which you can control access by others, such as shared work sites on V12Software / DealersDigital servers (“private areas of the service”)
Intellectual property rights. V12Software / DealersDigital does not sanction or approve the unauthorized use of content protected by copyright and other intellectual property rights. You understand that sharing content that violates others’ copyrights and intellectual property rights violates this Agreement. You represent and warrant that the use and publication of the content by you and others does not violate the intellectual property rights of any third party. You understand that V12Software / DealersDigital may remove content at any time without notice when the content violates this Agreement or an applicable code of conduct, or when we have a good faith reason to believe it is necessary to do so.
Posting content. You understand that V12Software / DealersDigital does not control or endorse the content that you and others post or provide on the service. V12Software / DealersDigital doesn’t claim ownership of content that you and others post or provide. By posting or providing content you grant to V12Software / DealersDigital and the public (for content posted on public areas of the service), or those members of the public to which you have granted access (for content posted on private areas of the service), free, unlimited worldwide and perpetual permission to use, modify, copy, distribute, and display the content in connection with the service, and publish your name with the content.
You also give the public, or those members of the public to which you have granted access, permission to grant these rights to others. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use and publication of the content does not breach any law. V12Software / DealersDigital will not pay you for content you post on public areas of the service. This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law.
Private areas of the service. You understand that certain technical processing of content posted on private areas of the service may be required to store and retrieve the content, conform to connecting networks’ technical requirements, or conform to the limitations of the service.
Links to third-party Websites. The service may contain links to third-party Websites. These third-party Websites are not under V12Software’s control. If V12Software / DealersDigital has included these links in the service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by V12Software / DealersDigital of any third-party Website, service or product. V12Software / DealersDigital reserves the right to disable links to any third-party Website that you or other customers post on the service.
Access and Disclosure. In order to operate and provide the services, we collect certain information about you. We use and protect that information as described in the V12Software / DealersDigital Online Privacy Statement . In particular, we may access or disclose information about you, including the content of your communications, in order to comply with the law or respond to lawful requests or legal process, protect the rights or property of V12Software / DealersDigital or our customers, including the enforcement of our agreements or policies governing your use of the services, or act when we believe, in good faith, that such access or disclosure is necessary to protect the personal safety of V12Software / DealersDigital employees, customers or the public. You consent to the access and disclosures outlined in this section.
Transfer of personal information.Personal information collected through the service may be stored and processed in the United States or any other country or region in which V12Software / DealersDigital or its affiliates, subsidiaries, or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country or region. V12Software / DealersDigital abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. You may read more about transfers of this data in the Privacy Statement.
Performance and usage data. In order to provide you the service, we may collect certain information about service performance, your computer and your service use. We may automatically upload this information from your computer. This data will not personally identify you.
Filtering technology. We may use technology or other means to protect the service, protect our customers, or stop you from breaching this Agreement. Examples include filtering to stop spam and viruses or increase security. These means may hinder your use of the service.
USE AND SCOPE OF OUR SOFTWARE LICENCE
Use. If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, then we (or, based on where you live, one of our affiliates) grant you the right to use the software only for the use of the service authorized under this Agreement and only on that number of computers stated in your service offer. We (or, based on where you live, one of our affiliates) reserve all other rights to the software. Unless we notify you otherwise, your right to use the software ends when your right to use the service terminates or expires, and you must promptly uninstall the software. We may disable the software after the date the service ends
Scope of License. Copyright and other intellectual property laws and treaties protect the software. The software is licensed, not sold. This Agreement only gives you some rights to use the software. V12Software / DealersDigital reserves all other rights. You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
Export Laws. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.
WHAT WE LICENSE TO YOU
Media Elements and Templates. You may have access to media images, clip art, animations, sounds, music, shapes, video clips, templates and other forms of downloadable content (“media elements”) associated with the service. If so, you may copy and use the media elements, and license, display and distribute them, along with your modifications as part of your software products, including your Websites, but you may not (i) sell, license or distribute copies of the media elements by themselves or as part of any collection, or product if the primary value of the product is in the media elements; (ii) grant customers of your product any rights to license or distribute the media elements; (iii) license or distribute any of the media elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, entity, or activity; or (iv) create obscene or scandalous works, as defined by law at the time the work is created, using the media elements.
Documents. You may have access to information on the service such as white papers, knowledge-base articles, datasheets and FAQs (“documents”). You may use the documents only for informational purposes. You may not copy, distribute, modify or make derivative works of the documents. Educational institutions that are officially accredited under local law may download and copy the documents for distribution only in the classroom.
Limitations. The license grant to use media elements, templates, and documents provided with the service does not include a license to the design or layout of the service or any V12Software / DealersDigital owned, operated, licensed, or controlled Website. You should not copy or retransmit any logo, graphic, sound, or image from the service, unless V12Software / DealersDigital expressly permits it. V12Software / DealersDigital and its suppliers do not warrant or guarantee that the media elements, templates, and documents are accurate and suitable for your purposes. Their inclusion with the service is not an endorsement of them by V12Software / DealersDigital Nothing available from the service is intended to be professional advice, including but not limited to, investment, tax, or legal advice.
THIRD PARTY OFFERS
If you obtain anything from a third party (including third party offered services) through the service, you understand that your relationship with respect to those things is with the third party directly and not with V12Software / DealersDigital In the event you assert a claim that relates to or implicates your relationship with a third party, you shall only assert such claim against the third party, and you will not assert any such claim against V12Software / DealersDigital, even if V12Software / DealersDigital assisted in billing for the third party offering. You are solely responsible for your dealings with any third party, including delivery of and payment for goods and services, processing and verifying orders, payments and other transactions, customer support related to orders or transactions (e.g., lost orders, billing disputes, payments, etc.), determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions, and the purchase and use by you and your associated accounts of any third party products and services.
You represent and warrant that the products and services you advertise, sell, and distribute are legal for sale and distribution and do not violate this Agreement, you have all licenses necessary to sell, distribute, and advertise the goods and services you offer, all sales and advertisements will comply with applicable law, and you will comply with all applicable laws and regulations (including privacy laws and regulations that relate to your collection of information from third parties)
Our Services may provide links to other websites for your convenience. Our Services may also make use of widgets, embeds, social media, or other third party features that are hosted by a third party or hosted directly on V12Software / DealersDigital, including Youtube (https://www.youtube.com/t/terms) and Google (http://www.google.com/policies/privacy). Your interactions with any link or third party widget, embed, social media, or other feature are governed by the terms and conditions of use of the third party providing the widget, embed, social media, or other third party feature, or the terms and conditions of use of the linked website. The terms and conditions of use of third parties may be substantially different than these Terms. We neither own nor control third party websites, widgets, embeds, social media, or other features that are accessible through our Services. Therefore, before visiting the website of a third party, or making use of a third party feature through our Services, whether by means of widget, embed, social media feature, or otherwise, you should first consult that third party’s terms and conditions of use (if any) and inform yourself of the terms applicable to that third party’s website, feature, or services (if any). We are not responsible for any dealings with third parties you may have through a third party website, link, widget, embed, social media, or other third party feature.
If you give feedback about the service to V12Software / DealersDigital, you give to V12Software / DealersDigital, without charge, the right to use, share, and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies, and services to use or interface with any specific parts of a V12Software / DealersDigital or service that includes the feedback. You will not give feedback that is subject to a license that requires V12Software / DealersDigital to license its software or documentation to third parties because we include your feedback in them. These rights survive this Agreement.
This Agreement is in electronic form. We have promised to send you certain information in connection with the service and we have the right to send you this information in electronic form. There may be other information about the service that the law requires us to send to you. We may send this information to you in electronic form.
We may provide required information to you by e-mail at the e-mail address you specified when you signed up for the service, or on your home page when we first send you an email notice alerting you to the notice on your home page.
Notices will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must cancel the service.
You may give V12Software / DealersDigital notices as provided on your home page, by registered mail or by emailing us at notices@V12Software.com
V12Software / DealersDigital makes no guarantee about the reliability, accuracy, or timeliness of the service or the results obtained from the service. You understand that the security mechanisms in the service have inherent limitations and that you are responsible for determining that the service meets your needs.
We provide the service “as-is,” “with all faults,” and “as available.” You bear the risk of using it. To the maximum extent permitted by law, the V12Software / DealersDigital parties give no express warranties, guarantees, or conditions. You may have additional rights under your local laws that this Agreement cannot change. To the extent permitted by law, we exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, and satisfactory quality.
Absolutely, Definitely None.
All fees billed and collected are non-refundable.
We accept all major credit cards, including Visa®, MasterCard®, American Express®. Please be sure to provide the exact billing address and telephone number that your credit card issuer has on file for you. Incorrect information may cause a delay in the processing.
DISPUTED CREDIT CARD TRANSACTIONS
Disputed credit card transactions possibly will be assessed the credit cards processor’s processing charge for each time the transaction is disputed, plus administrative expenses plus any collection and/or attorney fees and court costs associated with any deviation of our fee structure and collection of debt.
You can recover from the V12Software / DealersDigital parties only direct damages up to an amount equal to your service charge for one month or the equivalent of $5 USD (whichever is greater). To the extent permitted by law, you cannot recover any other damages from the V12Software / DealersDigital parties, including consequential, lost profits, special, indirect, or incidental damages.
This limitation applies to anything related to the service, content (including code) on third party Internet sites, third party programs or third party conduct, viruses or other disabling features that affect your access to or use of the service, incompatibility between the service and other services, software, and hardware, delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and claims for breach of Agreement, breach of warranty, guarantee or condition, strict liability, negligence, or other tort. It also applies even if this remedy does not fully compensate you for any losses, or fails of its essential purpose, or V12Software / DealersDigital knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country or region may not allow the exclusion or limitation of incidental, consequential, or other damages.
CLAIM MUST BE FILED WITHIN ONE YEAR
To the extent permitted by law, any claim related to this Agreement or the service must be brought within one year. The one-year period begins on the date when the claim first could be filed. It if is not filed, then that claim is permanently barred. This section applies to you and your successors. It also applies to V12Software / DealersDigital and its successors and assigns.
V12Software / DealersDigital, Applicable Law, and Place for Resolving Disputes This Agreement is between you and the V12Software
2368 Walsh Ave,
Santa Clara CA 95051
Any disputes should be addressed to our physical location.
All parts of this Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this Agreement as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this Agreement will not change. This Agreement, together with any codes of conduct and other notices we provide, is the entire Agreement between V12Software / DealersDigital and you regarding the service. It supersedes any other Agreement or statements related to the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a tester for a pre-release version of a service). The section titles in the Agreement do not limit the other terms of this Agreement.
V12Software / DealersDigital may assign this Agreement, in whole or part, at any time without notice to you. You may not assign this Agreement, or any part of it, to any other party. Any attempt to do so is void. Instead, you may cancel your service. The other party may then establish a service account and enter into an Agreement with us.
V12Software / DealersDigital will not be liable for any loss or damage or be deemed to be in breach of this Agreement due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes, or acts of god.
YOUR SERVICE ACCOUNT
Respect Copyright Please respect the rights of artists and creators. Content such as music, photos, and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people’s content unless you own the rights, have permission from the owner, or such sharing is otherwise legal.
Trademark Notice V12 Software is a registered trademark of V12Software / DealersDigital Any rights not expressly granted are reserved.
Notices and Procedures for Making Claims of Copyright Infringement Under Title 17, United States Code, Section 512 (c ) (2), notifications of claimed copyright infringement should be sent to our Designated Agent. All inquiries not relevant to the following procedure will not receive a response. See Notice and Procedure for Making Claims of Copyright Infringement.
DOMAIN NAME SERVICE
Service. If you register, renew, or transfer a domain name through the service, V12Software / DealersDigital connects you with an accredited registrar and will register, renew, or transfer the domain name. The domain service Agreements (the “Domain Service Agreements”) are Agreements between the accredited registrar and you, and not between V12Software / DealersDigital and you. The Domain Service Agreements apply to the registration, renewal and transfer of your domain name. Your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (ICANN”). These policies include the ICANN Uniform Domain Name Dispute Resolution Policy located at www.icann.org.
V12Software / DealersDigital does not control the availability of any domain name you seek to register or renew. You represent and warrant that any domain name you register, renew or transfer through the service will not infringe the rights of third parties.
Public registry. You understand that your contact information, such as your name, postal address, phone number, and e-mail address, will be collected by the accredited registrar and placed in a public registry.
Termination of service. Except during the first 5 days after you subscribe to the service, if you or we cancel your service, your domain name will remain registered for its current annual term. It, however, will no longer work with the service. It will not work with your e-mail service or point to your Website. You will be responsible for renewing and paying the applicable renewal fee for your domain name after you or we cancel your service. Cancellation of your service may incur cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges and cancellation charges made to your billing account.
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