These Terms of Service (the “Terms”) form a legally binding contract between You (“Customer”, “You” or “Your”) and Premier Truck Rental LLC (“PTR”). The Agreement (including these Terms) is effective on the date which is the earlier of: (a) Your initial access to or use of any portion of the Website, or (b) the date of Your first purchase from PTR referencing these Terms (the “Effective Date”). These Terms govern Your access and use of the Website as defined below.
AGREEING TO THESE TERMS
BY CLICKING AN ACCEPTANCE BUTTON, CHECKING AN ACCEPTANCE BOX, OR ACCESSING OR USING ANY PORTION OF THE WEBSITE, YOU ARE ACCEPTING ALL OF THESE TERMS, INCLUDING ALL EXHIBITS, THE PRIVACY POLICY, AND ALL OTHER POLICIES OR GUIDELINES MADE AVAILABLE BY PTR, WHETHER ON THE WEBSITE OR OTHERWISE (collectively the “Agreement”), AND THAT THE AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND PTR.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE ANY PORTION OF THE WEBSITE. IF YOU WISH TO USE ANY PORTION OF THE WEBSITE AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, COMPANY, PARTNERSHIP, FRANCHISE OR OTHER LEGAL ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN ON BEHALF OF AND BIND THE LEGAL ENTITY, AND YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE FULL POWER, RIGHT AND AUTHORITY TO AGREE TO AND BIND SUCH ENTITY TO THESE TERMS).
PTR reserves the right to modify these Terms or any part hereof in its sole discretion, by publishing a new or updated version of these Terms or any part hereof.
These Terms include (1) a requirement to arbitrate any disputes arising under these Terms, and (2) a class action waiver. PLEASE SEE SECTION 8 FOR MORE DETAILS.
- GRANT OF RIGHTS TO CUSTOMER.
- The Website. One of PTR’s primary goals is to give You the type of rental equipment that You want, when You want it, and to make the rental process as easy and seamless as possible. To achieve this goal, PTR is committed to creating a website, rentptr.com (the “Website”), to help you making sure that You have the best units for Your specific job and industry.
- PERMISSIONS FROM CUSTOMER.
- Privacy Policy. The PTR privacy policy available at https://rentptr.com/privacy-policy (the “Privacy Policy”) forms part of these Terms and is fully incorporated herein by reference.
- RESTRICTIONS.
- Prohibited Activities. You will not, and will not allow Your end users (if You are authorized by PTR to have any) to:
- use the Website for any purpose that is prohibited by these Terms or any applicable law, rule, or regulation;
- use the Website in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website or that could damage, disable, overburden, or impair the functioning of the Website;
- use any robot, spider, crawler, scraper, or other manual or automated means or interface to access the Website, retrieve, index, scrape, “data mine” or otherwise gather content or extract other user’s information;
- use or attempt to use another user’s account, username, or password without their permission;
- impersonate PTR, any employee of PTR, another user, or any other person or entity than themselves or otherwise misrepresent any affiliation, endorsement, or sponsorship between You and PTR, and/or any other person or entity;
- upload viruses or other malicious code or otherwise compromise the security of the Website;
- attempt to circumvent any content-filtering techniques PTR employs, or attempt to access areas or features of the Website that You are not authorized to access;
- probe, scan, or test the vulnerability of the Website or any system or network;
- use the Website for any unauthorized purpose, including but not limited to, the purpose of building a competitive product or service or for similar competitive purposes;
- encourage or promote any activity that violates these Terms;
sublicense, distribute, or otherwise transfer rights to, or in any way exploit, any access to or any material on the Website, in whole or in part;
- remove any proprietary notices or labels on any content or material on the Website.
- Compliance with Laws. You shall comply, and shall ensure Your authorized end users comply, with all laws applicable to the Website or the use thereof.
- Suspension. PTR may temporarily suspend Your access to the Website if PTR determines such a suspension is necessary for (i) the security of PTR itself or the Website; (ii) the safety or security of any of PTR’s employees, customers, vendors, agents, or representatives, (iii) PTR has reason to suspect that You have breached these Terms, or (iv) or for any other reason that PTR determines (in its sole discretion) to be necessary.
- SURVIVAL. The following sections will survive any termination or expiration of these Terms: Section 5 (Disclaimers), Section 6 (Indemnification), Section 7 (Limitation of Liability), Section 8 (Dispute Resolution and Arbitration), Section 9 (Miscellaneous).
- DISCLAIMERS.
- General Disclaimer. PTR PROVIDES THE WEBSITE USING A COMMERCIALLY REASONABLE LEVEL OF CARE. HOWEVER, PTR DOES NOT MAKE ANY COMMITMENTS ABOUT THE WEBSITE OR THE CONTENT THEREON, INCLUDING THE SPECIFIC FUNCTION OF THE WEBSITE, ITS QUALITY, RELIABILITY, AVAILABILITY, SECURITY, OR ABILITY TO MEET YOUR OR YOUR END USERS’ REQUIREMENTS. PTR DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE. ACCORDINGLY, YOU UNDERSTAND THAT YOUR USE OF THE WEBSITE AND THE CONTENT THEREON IS AT YOUR SOLE RISK, AND THE WEBSITE, INCLUDING THE USER CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- PTR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND ABOUT THE WEBSITE, INCLUDING THE CONTENT THEREON, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE. PTR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO ANY CONTENT AND ANY THIRD PARTY SERVICES. YOU WILL LOOK SOLELY TO THE THIRD PARTY SERVICE PROVIDER FOR ANY WARRANTY RELATED ISSUES OR OTHER CLAIMS RELATED THERETO.
- INDEMNIFICATION. You hereby agree to defend, indemnify and hold harmless PTR, its officers, directors, employees, affiliates, subsidiaries, agents, licensors, suppliers, and Third Party Service providers from and against all liabilities, harms, damages, costs, and expenses arising directly or indirectly out of Your or Your authorized end users: (a) use or misuse of the Website; (b) breach or alleged breach of any of these Terms; or (c) violation of applicable laws, rules, or regulations.
- LIMITATION OF LIABILITY.
- Waiver of Consequential, Indirect, and Special Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, PTR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR, OR YOUR AUTHORIZED END USERS’, USE OF OR INABILITY TO USE THE WEBSITE, CONTENT THEREON, OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, INTERRUPTION OF BUSINESS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF PTR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Cap on Direct Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, PTR’S ENTIRE LIABILITY ARISING UNDER, RELATING TO, OR ARISING IN CONNECTION WITH THESE TERMS, THE WEBSITE SHALL NOT EXCEED US $100.
- DISPUTE RESOLUTION AND ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY; IT INCLUDES A CLASS ACTION WAIVER AND ARBITRATION REQUIREMENT, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDES A JURY WAIVER.
- Governing Law & Venue. All matters relating to the Website, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
- Arbitration. By using the Website, You and PTR agree that any controversy, claim, suit, demand, counterclaim, cross claim, or third party complaint, arising out of, or relating to the Website or these Terms, or Your use thereof, (collectively referred to as “Claim”) and/or the validity and enforceability of this arbitration provision, shall be submitted to final and binding arbitration in the State of Indiana in or near Fort Wayne.
- The agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §1, et seq. and not by any state rule or statute governing arbitration. This agreement to arbitrate shall survive any expiration and/or termination of these Terms. You and PTR agree that Claims shall be arbitrated by a single arbitrator on an individual basis and not as a class or mass action. You and PTR agree that the arbitrator may not consolidate proceedings of more than one person’s claims. YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE A CLASS OR MASS ACTION OR TO A JURY TRIAL. Arbitration shall be administered by any nationally recognized organization that the parties may choose subject to mutual approval. Arbitration shall be administered according to the arbitration service’s then current applicable rules and procedures except the You and PTR expressly waive the applicability of any rule governing class or mass action. You can obtain a copy of the applicable rules by contacting the arbitration organization or visiting its website. Arbitration fees shall be administered according to the arbitration service’s fee schedule and then current applicable rules. The arbitrator shall be selected pursuant to the applicable rules and shall establish the procedure and scheduling of the arbitration, bearing in mind its expedited nature. The arbitrator shall be governed by the ethical rules of the selected arbitration service, Indiana, or if no applicable Indiana rule exists, the federal) rules of evidence and the governing substantive law in making an award. The arbitrator’s award shall be final and binding on all parties. Any state or federal court having jurisdiction may enter judgment on the arbitrator’s award. To the extent that any part of these Terms (including any part of this Section 8(b) is ruled illegal or unenforceable by the arbitrator or any other finder of fact or law, such clause shall be deemed severed and the remaining provision shall survive. IF A DISPUTE IS ARBITRATED ACCORDING TO THIS PROVISION, YOU UNDERSTAND AND AGREE: (1) TO RESOLVE ALL DISPUTES WITH PTR BY BINDING ARBITRATION RATHER THAN IN COURT; (2) THAT YOU GIVE UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLAIM AGAINST PTR, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL OR CLASS CLAIMS OR OF MASS ACTION CLAIMS; (3) THAT OTHER RIGHTS YOU AND PTR MIGHT HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION, FOR EXAMPLE, THE AMOUNT OF DISCOVERY; (4) THAT YOU HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHT TO A JURY TRIAL ON ANY CLAIM, REGARDLESS OF THE ENFORCEABILITY OF THIS ARBITRATION PROVISION.
- MISCELLANEOUS.
- Copyright Notice. In the event PTR receives a copyright infringement notice, PTR will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the Website infringe Your copyright, You may request removal of those materials (or access to them) by submitting written notification to PTR’s copyright agent here: info@rentptr.com.
- Assignment. These Terms and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You under any circumstances, but may be assigned, transferred, delegated, and sublicensed by PTR without restriction. Any purported assignment or delegation in violation of this section will be null and void.
- Waiver & Severability. A failure on the part of PTR to act with respect to a breach by You or others of these Terms does not waive PTR’s right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect.
- Revisions & Amendments. PTR may revise or amend these Terms or any part hereof (including these Terms) at any time, in its sole discretion. If PTR makes any significant revisions or amendments to these Terms that would materially affect You, PTR will use commercially reasonably efforts to provide You with notice of the change(s). The notice from PTR may be in any form that PTR determines to be reasonable, given the circumstances, including posting the updated Terms on the Website or posting a notice describing the changes to the Terms on the Website. Your continued access to or use of the Website constitutes Your acceptance of the modified Terms and the revisions thereto.
- Agency. No agency, partnership, joint venture, or employment between You and PTR is created as a result of these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms.
- Entire Agreement. No agency, partnership, joint venture, or employment between You and PTR is created as a result of these Terms.
- Contact Us. If You want to contact PTR for any reason, You may email us at info@rentptr.com.