Terms and Conditions of Use of the Penske Internet Web Sites

Legal Notices

Before accessing or using any of the Sites accessed via www.pensketruckrental.com (the "Sites"), please carefully review the Terms and Conditions of Use ("Terms of Use") provided below. These Terms of Use apply to and govern use of all the Sites. By accessing or using any of the Sites, or by registering and maintaining a Single Sign On ("SSO") account to access the Sites, you acknowledge your careful review and acceptance of these Terms of Use. If you do not agree to the Terms of Use, you may not register or maintain an account or otherwise use or access any of the Sites or their contents.

Acceptance of Terms of Use

These Terms of Use constitute an express agreement between Penske Truck Leasing Co., L.P. and its subsidiaries (collectively, "Penske"), the provider of the Sites, and you for access to and use of the Sites. BY ACCESSING THE SITES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ ALL OF THESE TERMS OF USE, THAT YOU UNDERSTAND EACH OF THEM AND THAT YOU AGREE TO BE BOUND BY ALL OF THEM.

Use of the Sites

The purpose of the Sites is to provide you with information and to provide and enhance services that Penske offers in support of your Penske truck fleet. You agree your access to any of the Sites and their contents, shall be solely used for obtaining information and/or services in connection with your Penske truck fleet and that you shall not use your account or otherwise access any of the Sites or their contents to directly compete with or gain competitive advantage over Penske. You shall not disrupt or otherwise interfere with the normal operation of the Sites, including without limitation posting or transmitting files that contain viruses, worms, Trojan horses, or any other contaminating or destructive features, or material that is harmful, offensive, threatening, abusive or hateful. You shall not access or use the Sites in any manner that violates state or federal law.

You shall not use any robot, spider, scripting program, "page-scrape" or other automatic or manual device, program, algorithm or methodology to access, monitor, upload, download, "scrape," or otherwise copy any portion of the Sites or their contents without the express prior written consent of Penske. You shall not reproduce or circumvent the navigational structure or presentation of the Sites to obtain or attempt to obtain any content of any portion of the Sites.

You agree that violation of these Terms of Use constitutes an unlawful and unfair business practice causing irreparable harm to Penske for which monetary damages would be inadequate, thus subjecting you to injunctive or equitable relief in addition to any other remedies available at law.

Penske cannot and does not represent or warrant that the files available for downloading through the Sites will be free of infection, viruses, worms, Trojan horses or other code that manifest contaminating or destructive ties. You assume all risk and responsibility for your use of the Sites and the Internet.

Proprietary Information

As between you and Penske, all content of the Sites, including each Site's appearance, "look and feel," report formats and information or system hardware used or supplied by Penske in connection with the use of such Site, are owned by Penske unless otherwise expressly indicated. You may not copy, distribute, transmit, display, modify, perform, or create derivative works from information or material on the Sites, except as expressly permitted in these Terms of Use. You may, however, download and make one copy of the content and other downloadable items displayed on the Sites for your personal, noncompetitive use only, provided that you maintain all copyright and other notices contained in such content.

Any Penske trademarks, trade dress, service marks, logos or trade names that appear on the Sites or are otherwise referenced on the Sites are the property of Penske and no license or other right to use such marks, names, logos or dress shall be deemed given without the express written permission of Penske.

Confidentiality

With the exception of materials obtained from or available in the public domain, you shall treat as confidential the content provided on the Sites. You also shall treat as confidential information or systems hardware used or supplied by Penske in connection with the Sites. You shall not disclose such content, information or systems hardware to any third party without Penske's prior written consent. You will not use such content, information or systems hardware for purposes other than as expressly permitted in these Terms of Use.

Please note that if you have entered into a separate confidentiality agreement with Penske, the content, information or systems hardware of the Sites shall be included within the definition for "confidential information" for purposes of and pursuant to the term of any such agreement(s).

User-Supplied Content

You agree that you are solely responsible for the accuracy and content of all information, data, text, or other materials that you provide to Penske via the Sites and that Penske is not responsible or liable for this information. You understand that your participation in online communications may occur in real time and is not edited, censored or otherwise controlled by Penske. Penske cannot and does not screen content provided by users of the Sites. Penske reserves the right to monitor such content and has the right, in its sole discretion, to remove such content if Penske determines it to be harmful, offensive or otherwise in violation of these Terms of Use or Penske's Privacy Policy. By providing such content, you grant to Penske an unrestricted, irrevocable, worldwide, royalty-free, fully-paid license to use, reproduce, display, perform, transmit, distribute, modify or create derivative works from such content.

You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Penske all of the license rights granted herein.

Digital Millennium Copyright Act

Notice. If you are a copyright owner or an agent thereof and believe that any submission of material made by a user of the Sites or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing pursuant to 17 U.S.C 512(c)(3):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Penske to locate the material;
  • Information reasonably sufficient to permit Penske to contact you, such as an address, telephone number and, if available, e-mail;
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, or requests should be directed to Customer Service at 1-888-996-5415. You acknowledge that if you fail to comply with all of the requirements of this Provision, your DMCA notice may be invalid.

Counter-Notice.

If you believe that any submission made by you, which was removed pursuant to this Provision, is not infringing, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Eastern District of Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, you agree that Penske may forward a copy of the counter-notice to the original complaining party.

Disclaimer and Links to Third-Party Sites

The Sites may contain information provided to Penske by third parties, including without limitation fuel tax summaries, rates and locations of fueling stations. This information is provided on the Sites for your convenience only, and Penske makes no warranties or representations as to the accuracy, reliability, or completeness of such information.

The Sites also may contain links to other third-party websites, which may offer other services, software or resources. These links are provided for your convenience only. Penske has no responsibility for these third-party websites or the content contained therein. Such links do not constitute endorsements by or affiliations with Penske of such websites, their content or any products or services made available thereon. Such links do not constitute authorization to use any trademark, service mark, trade name, logo, trade dress or copyright of Penske. You agree and acknowledge that Penske is not responsible or liable for any content or related materials contained on any of these third-party websites. Penske cannot and does not make any representations or warranties in connection with such third-party websites or the content contained thereon.

You will not link or frame any portions of the Sites without the express written permission of Penske.

No Warranty

THE INFORMATION AND MATERIALS CONTAINED ON THESE SITES IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENSKE AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS HEREBY DISCLAIM (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT THE SITES' CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SYSTEMS THAT MAKE THEM AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (ii) ALL WARRANTIES AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE SITES; AND (iii) ANY LIABILITY FOR ERRORS, INACCURACIES OR OMISSIONS IN THE INFORMATION CONTAINED ON THESE SITES, AND FOR ANY DOWNTIME EXPERIENCED ON THE WEBSITES.

Limitation of Liability

To the maximum extent permitted by law, Penske shall not be liable for any special, incidental, direct, punitive, indirect, consequential or other damages of any kind, under any theory of liability arising out of or related to your use of the Sites, or a delay or inability to use the Sites, including without limitation damages due to lost profits, business interruption, loss of data or damage to systems, even if Penske has been expressly advised of the possibility of such damages.

Indemnification

You hereby agree to release and hold Penske, its officers, directors, employees, agents and representatives harmless from and defend and indemnify them against any and all third-party claims, liability, damages and/or costs (including without limitation attorneys fees) they incur arising out of or related to (i) your use of the Sites, (ii) your violation of the Terms of Use, or (iii) your infringement of any intellectual property or other right.

Scheduled Downtime and Outages

Penske does not guarantee continuous, uninterrupted or secure access to the Sites, and operation of the Sites may be affected by factors outside of Penske's control, for which Penske shall not be liable. Penske may from time to time in its sole discretion periodically schedule system downtime for system maintenance and other purposes.

Privacy

The Penske Privacy Policy, found here [http://www.pensketruckrental.com], applies to use of the Sites, and its terms are made part of these Terms of Use.

Invalidity of Terms

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly expresses the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Termination or Suspension of Access

Penske may terminate or suspend your access to any or all of the Sites at any time, with or without cause.

Waiver

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Penske.

Governing Law

The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.

Jurisdiction and Binding Arbitration

Any claim or dispute arising out of or in relation to the Terms of Use or use of the Sites shall be resolved exclusively in the in the courts of the Commonwealth of Pennsylvania, Berks County, or in the United States District Court for the Eastern District of Pennsylvania, and you consent to the personal jurisdiction of such courts. However, in lieu of litigating any such claim or dispute in the courts of the Commonwealth of Pennsylvania, you or Penske may elect to resolve any such claim or dispute by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association on an individual basis and not consolidated with any other claim. Any claim that you may have arising out of or relating to the Terms of Use or use of the Sites must be commenced within one (1) year of the accrual of such dispute or claim.

International Users

The Sites are controlled and operated by Penske from its offices in the Commonwealth of Pennsylvania of the United States of America. Penske makes no representations or warranties that the content of the Sites are appropriate or available for use in locations outside the United States of America, and access to the Sites in territories or countries where they are illegal is strictly prohibited. You may not use the Sites or export materials contained thereon in violation of U.S. export laws and regulations. If you access these Sites from outside the United States, you are responsible for compliance with all local laws.

Miscellaneous

Penske's failure to strictly enforce the performance of any provision of these Terms of Use shall not be deemed a waiver of its rights under such provision. Penske may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Changes in The Sites and These Terms of Use

Penske has the right, at its sole discretion, to modify these Terms of Use and to change, suspend or discontinue all or any portion of the Sites at any time, without notice, with such changes effective upon posting on the Sites.

Questions, Comments, Complaints, or Service Issues

If you have any questions, comments, complaints or service issues pertaining to the Sites, please contact Customer Service at 1-888-996-5415.

Last updated: January 1, 2009.
Copyright © Penske Truck Leasing Co., L.P., 2009. All Rights reserved.