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Penske Used Trucks Terms and Conditions

Penske Truck Leasing Co., L.P. (the “Company”) provides a web site located on the Internet at the URL http://www.penskeusedtrucks.com/ (the “Web Site”). The Site is intended to provide visitors ("Visitors") with information about Penske pre-owned trucks, tractors, trailers and other vehicles (collectively "Vehicles") located in the United States and Canada and relevant industry information and services. The Site also allows registered Visitors (as further defined below, “Members”) to make offers to purchase Vehicles from the Company through the Web Site. As used herein the term "Visitor" shall refer to all visitors to the Web Site, including without limitation Members. The term “Web Site” shall also include any country-specific variations of the above URL through which you may access the Web Site (e.g., www.PenskeUsedTrucks.com.ca). Members can be both wholesalers and consumers.

This Terms and Use Agreement (the “Agreement”) also includes our Privacy Policy, which is incorporated herein by reference and sets forth additional terms and conditions governing your use of the Web Site and related issues.

By using the Web Site, Visitor agrees to be bound by each of the terms and conditions of this Agreement, any additional terms and conditions contained on the Web Site and in documents referenced herein. If Visitor represents a company, Visitor represents and warrants that he/she is duly authorized to agree on behalf of his/her company to the terms and conditions of this Agreement. If Visitor has questions concerning this Agreement, please contact the Company by e-mail at usedtrucks@penske.com

The Company may amend this Agreement (including, without limitation, the Privacy Policy) at any time by posting the amended terms on the Web Site. The new terms shall automatically be effective immediately upon being posted on the Web Site. This Agreement may not be otherwise amended. Visitor is responsible for checking this page periodically for amendments to this Agreement. Visitor's use of the Web Site following the effective date of any amendments to this Agreement will be deemed acceptance of any such amendments.

Use of the Web Site to make offers on Vehicles and the services offered by the Company through the Web Site is limited to Members. As used herein, a “Member” is a company or individual that completes a Membership Application, meets the eligibility criteria for membership as determined in Company’s sole discretion, is approved by the Company in Company’s sole discretion, completes the registration process, and agrees to be bound by this Agreement as described in Paragraph 1 above. Each Member, in its discretion, may allow one or more of its employees and/or agents (each a “User”) to register under the Member’s corporate name and to access and use the Web Site in accordance with this Agreement. The Web Site may use the term “Member” to refer to a User, and such references shall be deemed references to Users for purposes of this Agreement. Each Member hereby represents and warrants that each such User is a duly authorized representative of such Member and can form legally binding contracts under applicable law. Notwithstanding anything to the contrary contained in this Agreement, the Company may refuse to accept an application for membership and/or limit a Member’s use of the Web Site at any time in its sole discretion.

The Web Site provides a functionality through which a Member may review Vehicles on which the Company will accept offers, the specifications of such items, prices, terms and conditions relating to purchase of such items. The Company’s posting of Vehicle is not an offer to sell such Vehicle but rather a solicitation of an offer to purchase the Vehicle for a specific price and upon all terms and conditions set forth therein. A Member may not modify its offer to purchase. If Company is interested in a Member’s offer, then Company will contact the Member by e-mail or telephone to discuss a sale of the Vehicle. A Member may request an inspection of a Vehicle. If Company is interested in arranging such an inspection, then Company will contact the Member by e-mail or telephone to arrange an inspection.

Members are solely responsible for their ability to meet all financial commitments made on the Web Site. A Member who successfully bids on a Vehicle must remit payment for it prior to the Company’s release of such Vehicle. All Vehicles shall be paid for with a certified or cashier’s check or by wire transfer of funds. A Vehicle shall be released to the purchasing Member at the Vehicle’s location when the Company receives verified payment for such Vehicle. Members are solely responsible for all taxes on any transaction.

(a) Physical Connection to Web Site. Visitors are responsible for providing all equipment necessary to access the Internet and the Web Site.

(b) Web Site Availability. While the Company’s objective is to make the Web Site accessible 24 hours per day, 7 days per week, the Company Web Site may be unavailable for any reason including, without limitation, for routine maintenance. Visitor understands and acknowledges that due to circumstances both within and outside of the control of Company, access to the Web Site may be interrupted, suspended or terminated from time to time. Visitor agrees that it shall not rely on the availability of the Web Site and the Company shall not be liable for any damages arising from any such interruption, suspension or termination of the Web Site and that Visitor shall put in place contingency plans to account for such periodic interruptions or suspensions of the Web Site.

(c) Member Names, Passwords and Trading Passwords. Access to and use of the Web Site is through a combination of a User Name and Password. Subject to the acceptance by Company of a Member’s membership application and to the acceptance in full of this Agreement of Member, each Member will be issued a User Name and Password.

(d) Use Of Passwords. Unless otherwise allowed, no person is permitted to access the Web Site using the User Name or Password of any other person. Each Member is solely responsible to ensure that it takes no action or omits to take action which in either case results in any other person utilizing a User Name or Password of that Member. The Company is not responsible for the use of any Member’s User Names and Passwords by another party, and each Member shall be bound by the actions of any person accessing the Web Site using its User Names and Passwords, regardless of whether such use has in fact been authorized by such Member.

Visitor shall comply with all applicable local, state, federal, and international laws, statutes, rules and regulations in connection with using the Web Site. Visitor shall not tamper in any way with the software or functionality of the Web Site. Without limiting the foregoing, Visitor shall not put any material into the Web Site which contains any viruses, time bombs, Trojan horses, worms, or other devices that may damage, interfere with, intercept or expropriate any system, data or information contained in or encompassing the Web Site. Visitor shall not take any action, or omit to take any reasonable action, which would constitute an invasion of privacy of any Visitor in any applicable jurisdiction. Use or distribution of tools designed for compromising privacy or security is strictly prohibited. Without limiting the foregoing, a Visitor shall not, and shall prevent each of its Users of the Web Site, from disclosing to any third party any non-public information or materials received by such Visitor due to its use of the Web Site or participation in a transaction with Company.

As a convenience to our Visitors, the Company may identify various service providers (which may include affiliates of the Company) that provide financial, shipping, insurance, and other services, and the Company may, from time to time, provide access to these services directly from the Web Site. Any arrangement between a Visitor and a service provider is solely between those parties and does not involve the Company. The Company plays no part in any negotiations and/or pricing decisions between Visitors and service provider pertaining to such services. The Company may, however, receive a commission or other remuneration from service providers based on the provision of services to Visitors.

All data and materials developed or provided by the Company in connection with the operation of the Web Site, including without limitation all proprietary rights inherent therein or appurtenant thereto, shall be the exclusive property of the Company and may not be used by Visitor or disclosed to others by Visitor without the express written consent of the Company. The Company’s use of information collected from Visitor shall be in accordance with the Privacy Policy and the license granted by Visitor to Company in this Section 7. All content published on the Web Site, including without limitation any and all proprietary rights thereto, is owned by Company or Company’s third-party licensors, and such content may not be copied or distributed in any way by Visitors for any purpose except in connection with consummating a transaction with Company. Visitor hereby grants to the Company a non-exclusive, worldwide, transferable, perpetual, irrevocable, royalty-free license to use, in connection with operating and promoting the Web Site, in any media now known or hereafter developed, all information and materials collected from Visitor or provided by Member, subject to the terms and conditions of the Privacy Policy.

The entire contents of the Web Site are copyrighted under the United States copyright laws. The owner of the copyright is Company. Visitor may print and download portions of material from the different areas of the Web Site solely for its own non-commercial use. Visitor may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Site solely for its non-commercial use. Any other copying, retransmission, or publication of any downloaded material is strictly prohibited without the express written consent of Company. Visitor agrees not to modify or delete any proprietary notices from materials downloaded from the Web Site.

This Agreement may be terminated at any time and for any reason by the Company or by Member. Notice of termination shall be in the form of a written notice and termination shall be effective upon the receiving party’s receipt of such notice. Member agrees that, upon termination of this Agreement, Member shall: (i) pay all outstanding debts to the Company in full within thirty (30) days; (ii) honor all outstanding transactions; (iii) honor all outstanding commitments with respect to completed transactions; and (iv) be removed as a Member of the Web Site and prohibited from making offers on Vehicles. Without limiting the immediately preceding sentence, the Company may also terminate or suspend Web Site access for any Member or User at any time, as well as terminate or suspend any trading or other activity, for any reason or no reason, and such Member or User shall have no recourse and Company shall have no liability with respect to any such termination or suspension.

All provisions of this Agreement relating to warranties, confidentiality obligations of Visitors, proprietary rights, limitation of liability, indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

Visitor and the Company are independent contractors, and no agency, partnership, joint venture, employer-employee or other similar relationship is intended or created by Visitor’s acceptance of this Agreement or use of the Web Site.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions. The parties shall promptly attempt in good faith to resolve any dispute between them arising out of or relating to this Agreement or the subject matter hereof through good faith negotiations between appropriate executives in their respective organizations.

VISITOR ACKNOWLEDGES AND AGREES THAT THE COMPANY PROVIDES THE WEB SITE AND THE VEHICLES PRESENTED ON THE WEB SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. VISITOR ACKNOWLEDGES AND AGREES THAT USE OF THE WEB SITE IS AT VISITOR’S SOLE RISK. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES (I) OF MERCHANTABILITY, (II) OF FITNESS FOR A PARTICULAR PURPOSE, (III) OF NON-INFRINGEMENT, (IV) THAT THE WEB SITE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE, (V) AS TO THE QUALITY OR RELIABILITY OF ANY VEHICLE, AND (VI) AS TO THE ACCURACY OF POSTINGS MADE ON THE WEB SITE BY OR ON BEHALF OF THE COMPANY.

Visitor agrees that neither THE COMPANY, nor any officer, affiliate, director, EQUITY holder, agent or employee of COMPANY will be liable to Visitor or any third party for any indirect, incidental, special, punitive, or consequential damages or lost profits. in all events, the aggregate liability of company for any reason and upon any AND ALL causes of action, including, without limitation, outages or non-availability of the Web Site shall not exceed US$5,000.00.

Visitor shall indemnify, defend, and hold harmless the Company, its officers, affiliates, directors, equity holders, agents and employees with respect to any claim, demand, cause of action, debt, judgment or liability, including reasonable attorneys’ fees, to the extent that it is based upon a claim that: (i) arises out of or in relation to Visitor’s use of the Web Site; (ii) if true, would constitute a breach of any of Visitor’s representations, warranties, or agreements hereunder; or (iii) arises out of the negligence, willful misconduct, or abandonment of Visitor. Company may, at its discretion and at its own expense, assist in the defense of any indemnified claim through counsel selected by the Company. Any settlement intended to bind the Company shall not be valid or binding on the Company without the Company’s prior written consent.

This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. Headings are for convenience of reference only. A party’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. Neither the course of conduct between a Visitor and Company nor any trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of this Agreement, which shall remain in full force and effect. The Company may assign this Agreement at any time to any person in its sole discretion. Visitor may not assign this Agreement without the prior written consent of the Company.

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Do you want to be notified of our weekly inventory
for sale, and upcoming special used truck deals?

If you are a New/Used Truck Dealer, please enter the following additional information and fax a copy of your state issued Dealers License, ALSO INCLUDE YOUR COMPANY FEDERAL IDENTIFICATION NUMBER (FID) to 610-775-5367. Your account will be activated upon confirmation of your dealership association. Please allow up to 3 business days for this confirmation. But you can start using the site immediately.

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If you are a New or Used Truck Dealer you will be notified of your account activation within 3 business days, provided you fax your State Issued Dealer License, ALSO INCLUDE YOUR COMPANY FEDERAL IDENTIFICATION NUMBER (FID) to 610-775-5367.