1. Legal Notices
THIS AGREEMENT CONTAINS A MANDATORY DISPUTE RESOLUTION PROVISION AND ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THOSE SECTIONS OF THESE TERMS CAREFULLY.
from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of the Sites following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
3. Use of the Sites
The purpose of the Sites is to provide you with information and to provide and enhance services that Penske offers. You agree your access to any of the Sites and their contents, shall be solely used for obtaining information and/or services 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.
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.
4. Proprietary Information
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.
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).
6. User-Supplied 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.
7. 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 1-888-234-4201. You acknowledge that if you fail to comply with all of the requirements of this provision, your DMCA notice may be invalid.
Copyright Agent Contact Information:
Penske Truck Leasing
Attn: Copyright Agent
PO Box 563
Reading, PA 19603-0563
If you believe that any submission made by you, which was removed pursuant to this provision and the previous 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.
9. 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.
10. 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.
11. 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 (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) 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.
13. 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.
15. Phone Communications
In order to provide the best customer service, where customers provide phone numbers and consent to communication, Penske communicates with customers and prospective customers via telephone. Penske’s rates change frequently and Penske wants to be able to provide you with the best value for your move. In providing your phone number to Penske and agreeing to receive phone communications, you consent to the receipt of prerecorded or automated voice messages and/or automatically dialed calls from Penske and its affiliates and subsidiaries.
16. SMS Communications
Penske Truck Leasing provides SMS communications targeted at the enterprise sector for vehicle purchases, individuals for hiring purposes, and prospective household rental customers that have completed a contact form agreeing to received SMS messages. SMS messages are sent by employees to our vehicle purchase customers for marketing purposes and notification of certain updates to their vehicle purchase provided on an Opt-In basis. In addition, recruiters send SMS messages to our employment candidates for hiring purposes and notification of certain updates to their employment status provided on an Opt-In basis. Finally, our rental team sends SMS messages to prospective household rental customers following-up on rental quotes provided to prospective household rental customers. Communications through our short codes services are on an Opt-In basis. Call to Action will be advertised on the web and emailed to vehicle purchase customers and employment candidates. Vehicle purchase customers and employment candidates will opt-in to the short code program via web. Prospective household rental customers opt-in by completing contact forms on our Sites. Such opt-in is optional and not required for such prospective household rental customer to receive a quote. By opting in to any of these categories, you agree that Penske may contact you using an automatic system (including an automatic telephone dialing system) and artificial and prerecorded voice messages.
Vehicle purchase customers will opt-in to the short code program via keyword "JOIN". Message and data rates may apply. Msg freq. varies per user. Text "HELP" (Help must be bold) to 60600 for help. Text "STOP" to cancel.
Vehicle purchase customers can cancel this service at any time. Just text "STOP" to 60600. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
Employment candidates will opt-in to the short code program via keyword "CAREER". Message and data rates may apply. Msg freq. varies per user. Text "HELP" (Help must be bold) to 50000 for help. Text "STOP" to cancel.
Employment candidates can cancel this service at any time. Just text "STOP" to 50000. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
Household Rental Customers can cancel this Service at any time. Just Text "Stop" to 844-817-5147. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
If at any time you forget what keywords are supported, just text "HELP" to 60600 for vehicle purchase customers or 50000 for employment candidates. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. For prospective household rental customers, text "HELP" to 844-817-5147 and a Penske agent will assist you.
4. Participating carriers
AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile and Cricket. T-Mobile is not liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
17. Invalidity of Terms
18. 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.
20. Governing Law
21. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL. IT CONTAINS PROCEDURES FOR MANDATORY PRE-DISPUTE RESOLUTION, BINDING ARBITRATION, AND JURY TRIAL AND CLASS ACTION WAIVERs. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
A. Disputes. The terms of this Section shall apply to all Disputes between you and Penske. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Penske arising under or relating to any Site, these Terms, or any other transaction involving you and Penske, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.
B. Binding Arbitration. You and Penske further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 11 of this Agreement, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
C. Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
D. Dispute Notice. In the event of a Dispute, you or Penske must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Penske must be addressed to: Penske, 2675 Morgantown Road, Reading, PA 19607, Attn.: Legal Department (the “Penske Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Penske and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Penske may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
E. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND PENSKE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR PENSKE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
F. Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), or in Berks County, Pennsylvania, at your option.
G. Initiation of Arbitration Proceeding. If either you or Penske decide to arbitrate a Dispute, we agree to the following procedure:
i. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”).
ii. Send one copy of the Demand for Arbitration to AAA by mail at American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.
iii. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
H. Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Penske or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Penske is entitled.
I. Arbitration Fees and Payments. Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules. In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award. You and Penske agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or Penske may elect to engage with the AAA regarding arbitration fees, and you and Penske agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
J. Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.
L. Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section, including the arbitration provision, shall otherwise survive any termination of these Terms.
M. Exclusive Venue for Other Controversies. Penske and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts of the Commonwealth of Pennsylvania, Berks County, or the United States District Court for Eastern District of Pennsylvania, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.
22. 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.
25. Questions, Comments, Complaints, or Service Issues
Last updated: September 12, 2023.
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