Terms and Conditions
PLM Trailer Leasing Terms and Conditions
The following terms and conditions of service (the "Agreement") govern your use of www.plmfleet.com, www.plmtrustlink.com, and www.plmtrailer.com, (collectively, the "PLM TRAILER LEASING Web Sites") and all services and functionalities available on or through the PLM TRAILER LEASING Web Sites. The PLM TRAILER LEASING Web Sites are published by or in conjunction with PLM Trailer Leasing. By
using the PLM TRAILER LEASING Web Sites or downloading materials from the PLM TRAILER LEASING Web Sites, you are deemed to have agreed to abide by all of the terms and conditions set forth in this Agreement. If you do not agree to abide by these terms
and conditions, DO NOT use or access any of the PLM TRAILER LEASING Web Sites or use the services and functionalities available thereon or download materials from the PLM TRAILER LEASING Web Sites.
Please be sure to carefully read
and understand all of the rights and restrictions described in this Agreement. For your reference, you may print the text of this Agreement from this page now, or refer to the copy of this Agreement that can be found by selecting the "Terms and Conditions"
link at the bottom of each web page.
1. MINORS EXCLUDED
You must be at least 18 years old to utilize the PLM TRAILER LEASING Web Sites.
2. INFORMATION AND PRIVACY
PLM TRAILER LEASING reserves the right at all times to monitor, review, and retain information that is acquired through the PLM TRAILER LEASING Web Sites. PLM TRAILER LEASING does not want you, and you should not, send any confidential or proprietary information to PLM TRAILER LEASING via the PLM TRAILER LEASING Web Sites. You agree that any information or materials that you or individuals acting on your behalf provide to PLM TRAILER LEASING will not be considered confidential or proprietary. By providing any such information or materials to PLM TRAILER LEASING, you grant to PLM TRAILER LEASING an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that PLM TRAILER LEASING is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to PLM TRAILER LEASING. You further recognize that PLM TRAILER LEASING does not want you to, and you represent and warrant that you shall not, provide any information or materials to PLM TRAILER LEASING that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. PLM’s use of any personally identifiable information we gather through the PLM TRAILER LEASING Web Sites is governed by our Privacy Policy which is incorporated into this Agreement by this reference.
3. LICENSE
Subject to this Agreement, PLM TRAILER LEASING grants you a limited, non-exclusive, non-transferable license to:
Download, display and view text, audio, video, graphics, sounds and other material through the PLM TRAILER LEASING Web Sites ("Content").
Applicable laws may prohibit you from making a copy of any Content without the permission of other rights holders. You agree PLM TRAILER LEASING owns all rights in and to the PLM TRAILER LEASING Web Sites and the Content. You have no rights not expressly granted in this Agreement. You further acknowledge and agree that:
Content is protected by copyrights, trademarks, service marks, patents, rights of publicity, or other proprietary rights owned by PLM TRAILER LEASING or third parties (collectively, "Rights"), these Rights are valid and protected in all media existing now or later developed, and except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws.
4. RESTRICTIONS
You agree to:
Abide by this Agreement, as amended by PLM TRAILER LEASING from time to time without notice.
Abide by all additional policies, rules and procedures currently posted and that may be posted in the future on the PLM TRAILER LEASING Web Sites.
Abide by all applicable local, state, national and international laws and regulations when using the Services.
Comply with all notices posted on the PLM TRAILER LEASING Web Sites limiting the use, reproduction or dissemination of certain communications and materials.
You agree not to:
Resell, rent, license or lease any Content or other information retrieved from the PLM TRAILER LEASING Web Sites to any third party.
Transfer or assign your license to another party.
Copy, reproduce, republish, upload, post, transmit, sell, publish, broadcast, create derivative works from, perform, or distribute Content in any way, except as expressly permitted herein.
Furthermore, you will not use the PLM TRAILER LEASING Web Sites to:
Conduct or facilitate surveys, contests, pyramid schemes, chain letters, junk e-mails, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Harvest or otherwise collect information about others; Create a false identity for the purpose of misleading others as to the identity of the user;
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user, any directory of the users or other use or usage information or any portion thereof;
Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
Interfere with or disrupt networks connected to the PLM TRAILER LEASING Web Sites or violate the regulations, policies or procedures of such networks;
Attempt to gain unauthorized access to other accounts, computer systems or networks connected to the PLM TRAILER LEASING Web Sites, through password mining or any other means.
Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the PLM TRAILER LEASING Web Sites; and
Interfere with another user's use and enjoyment of the Services or another individuals or entity's use and enjoyment of similar services.
5. TERMINATION
Either you or PLM TRAILER LEASING may terminate this Agreement at any time for any reason upon notice. PLM TRAILER LEASING reserves the right to terminate or suspend your account for breach of this Agreement without prior notice. In addition to any other available remedies your use of the PLM TRAILER LEASING Web Sites will cease immediately upon termination of this Agreement.
6. DISCLAIMER; SERVICES PROVIDED "AS IS"
The PLM Trailer Leasing Web Sites and content are provided "as is" and as available. PLM TRAILER LEASING makes no warranty, and hereby disclaims any warranties of any kind, express or implied, including but not limited to implied warranties of title, non-infringement, merchantability and fitness for a particular use or purpose. Furthermore, PLM TRAILER LEASING disclaims any warranty that the services will be available at all times or at any time or will operate with interruption or error. PLM TRAILER LEASING makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the PLM TRAILER LEASING Web Sites or Content.. The entire risk arising out of the use or performance of the PLM TRAILER LEASING Web Sites or content is with you. The PLM TRAILER LEASING Web Sites may contain inaccuracies and typographical errors. PLM TRAILER LEASING does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the PLM TRAILER LEASING Web Sites. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk, PLM TRAILER LEASING reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the PLM TRAILER LEASING Web Sites. PLM TRAILER LEASING may make any other changes to the PLM TRAILER LEASING Web Sites, the materials and the products, programs, services or prices (if any) described in the PLM TRAILER LEASING Web Sites at any time without notice.
7. THIRD PARTY PLM TRAILER LEASING WEB SITES
The PLM TRAILER LEASING Web Sites may contain links to other web site operated by third parties, and other web sites may provide links to the PLM TRAILER LEASING Web Sites. Such links are provided for your convenience only. PLM TRAILER LEASING does not control these other web sites and assumes no liability or responsibility for them, including, without limitation, any content or services provided to you through such web sites. You should not consider any link to or from a third-party web site as an endorsement of any such web site by PLM. By linking with such web sites, PLM TRAILER LEASING does not endorse, sponsor or affiliate itself with the operation of such web sites or any goods or services offered through such web sites.
8. NO LIABILITY
PLM, its Officers, Directors, Employees, Agents, and Content Providers are not and will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the services or content, even if you were advised of the possibility of such damages. Furthermore, neither PLM TRAILER LEASING nor its Directors, Officers, Employees, Partners, Affiliates or other agents or representatives will be liable in any way for any action taken by any user who has gained access to the PLM TRAILER LEASING Web Sites using a password provided to you or your company by PLM, whether or not such action is authorized or executed by a secure user or the secure account manager.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold PLM, its officers, directors, employees, agents, and content providers, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the PLM TRAILER LEASING Web Sites or Content and/ or breach of this Agreement.
10. GOVERNING LAW AND VENUE
This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, excluding its choice of law provisions and also excluding the United Nations Convention and Contracts for the International Sale of Goods. All litigation initiated by you arising from or related to the PLM TRAILER LEASING Web Sites will be initiated and fully prosecuted in any court of competent subject matter jurisdiction in the state of New Jersey.
11. CHANGES
PLM TRAILER LEASING reserves the right, in its sole and complete discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time, without notice. Your continued use of the PLM TRAILER LEASING Web Sites after any changes to this agreement are posted will be considered acceptance of those changes.
12. MISCELLANEOUS
No joint venture, partnership, employment, agency or relationship of any kind or description exists between you and PLM TRAILER LEASING as a result of this Agreement or your use of the PLM TRAILER LEASING Web Sites or the Services and Content. Those provisions outlined here that normally would survive after you cease using the PLM TRAILER LEASING Web Sites and Content will survive. This Agreement constitutes the entire and only understanding between you and PLM. In the event of any conflict between this Agreement and any policy or statement regarding your use of the PLM TRAILER LEASING Web Sites, this Agreement will govern.
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement is severable to the extent any term is deemed invalid, illegal or unenforceable. PLM's failure to enforce any provision of this Agreement will not be deemed a waiver of that or any other provision of this Agreement.