Penske Truck Leasing Web Site Agreement
The Penske Truck Leasing Web Site (the "Site") is an online information service provided by Penske Truck Leasing Co., L.P. ("Penske"), and is subject to your compliance with the terms and conditions set forth below, including the exhibit attached hereto. Please read this Agreement carefully before accessing or using the Site. By using the Site, you agree to be bound by the terms and conditions set forth below. Penske may modify this Agreement at any time, and such modification shall be effective immediately upon posting of the modified Agreement.
1. (NEW) Intellectual Property, Licenses and Idea Submissions. This Site and its entire contents are copyrighted under the United States copyright laws, and are protected by trademarks, service marks, patents, trade secrets, and other property rights and laws. Penske is the owner of all copyrights and other intellectual property rights of the entire contents of this Site, and such contents are the sole and exclusive property of Penske. You are hereby granted a limited license to access and navigate this Site and its content solely for use in obtaining services from Penske. You may print one copy of individual pages from this Site solely for use in obtaining services from Penske. All other copying, downloading (except for page caching), reproduction, duplication, displaying, publication, retransmission, or creation of derivative works from any of the content of this Site is strictly prohibited without the prior written consent of Penske.
You agree not to modify or delete any proprietary notices from materials downloaded from the Site. You agree to grant to Penske a non-exclusive, royalty-free, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Site (such as bulletin boards, forums, and news groups) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against Penske or its partners for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
2. (NEW) Use of the Site. This Web Site Agreement constitutes a contract between you and Penske. By accessing this Site, you warrant that you are doing so in order to make use of Penske’s services and not to directly compete with Penske or gain competitive advantage over Penske. Further, you acknowledge and agree that you have read the terms and conditions of this Agreement carefully and agree to be bound by all of them. By accepting the terms and conditions of this Agreement once, you agree that you will be bound by them each and every time you use this Site. If you do not agree to the terms and conditions of this Agreement, you may not access or otherwise use this Site. Penske shall have the right to modify this Web Site Agreement at any time without prior notice, effective upon posting on this Site. By accessing this Site, you acknowledge and agree to the terms and conditions then prevailing.
You also agree that Penske may, at its sole discretion and without prior notice to you, terminate your right to access this Site and/or block your future access to this Site for violation of this Agreement or for any other reason. You also agree that violation of this Agreement will constitute 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 at law that may be available to Penske. You further agree that to the extent Penske files suit against you to enforce this Web Site Agreement or its rights under state or federal law in connection with your use of this Site, you will bear the costs of that enforcement, including without limitation its attorney fees.
You may not use any “deep-link,” “page-scrape,” “database-scrape,” “robot,” “spider,” or other automatic or automated device, program, algorithm or methodology, or any similar or equivalent manual process, to (i) access, acquire, copy or monitor any portion of this Site or its content; or (ii) in any way reproduce or circumvent the navigational structure or presentation of this Site or its content to obtain any materials or information not purposefully and readily made available on this Site. You may not reverse engineer or look up, trace, or seek any information on any other user of this Site or any customer of Penske, including any Penske account not owned by you, or exploit this Site or any service or information offered through this Site in any way to reveal any information, including without limitation identification of other users of this Site.
You may not attempt to gain unauthorized access to any portion of this Site by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of this Site, nor breach its security measures.
If this Site or any affiliated Site hosted by Penske has password-protected pages, you will not permit a non-registered user to access password-protected pages of this Site through use of your password and account; nor will you disclose or permit use of your password and account by any third party. You will not attempt to gain access to password-protected pages of this Site through the use of another’s account and/or password. Nor will you establish an account through use of an alias or a.k.a. in order to access password-protected pages of this Site.
You understand that Penske cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code that transmits contaminated or destructive files. You assume total responsibility and risk for your use of the Site and the Internet. Penske does not make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability, or fitness for a particular purpose) with regard to the Site, any merchandise, information, or service provided through the Site or on the Internet generally, and Penske shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. Penske does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. The Site and the software are provided on an “as is, as available” basis.
In no event will Penske be liable for (i) any incidental, consequential, or indirect damages (including without limitation damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, or any information or transaction provided on the Site or downloaded from the Site, even if Penske or its authorized representatives have been advised of the possibility of such damage, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Site and/or materials or information downloaded through the Site.
3. Operating Policies. You agree to comply with the Policies set forth on Exhibit A which govern your activity in connection with the Site as they may be amended by Penske from time to time.
4. Indemnification. You agree to indemnify, defend, and hold harmless Penske and its partners and their officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation of this Agreement or any activity related to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Site account.
5. Third-Party Rights. The provisions of this Agreement are for the benefit of Penske and its partners and their officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Term; Termination. This Agreement may be terminated by Penske without notice at any time for any reason. The provisions of Paragraphs 2, 3, 4, 5, and 7 shall survive any termination of this Agreement.
7. Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and to be performed in Pennsylvania. You agree that any legal action or proceeding between Penske and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Pennsylvania. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Penske's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Penske may assign its rights and duties under this Agreement to any party at any time without notice to you.
Exhibit A
Policies
Your participation in online communications occurs 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 Site. Notwithstanding the foregoing, Penske reserves the right to monitor content on the Site and to remove content which Penske, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
(i) You may not post or transmit any message anonymously or under a false name.
(ii) You may not post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
(iii) You may not post or transmit any message which is libelous, defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image, or program which is indecent, obscene, or pornographic.
(iv) You may not interfere with other users of the Site.
(v) You may not post or transmit any file which contains viruses, worms, "Trojan horses," or any other contaminating or destructive features.
(vi) You may not post or transmit any message which is harmful, threatening, abusive, or hateful.
