CUSTOM TRUCK ONE SOURCE, INC. – TERMS OF SALE
Last Revised: August 31, 2022
You should carefully read these CUSTOM TRUCK ONE SOURCE, INC. – TERMS OF SALE (“Terms”) before submitting any orders for purchase, as THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, including a BINDING ARBITRATION AGREEMENT and CLASS ACTION & JURY TRIAL WAIVER CLAUSE. Except for certain types of disputes described in the Arbitration section below or if prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Section 1 – Scope and Application
- These Terms are between you and Custom Truck One Source, Inc., also known as Custom Truck (collectively, “Custom Truck”, or “us” or “we” or “our” as required). THESE TERMS APPLY TO ALL OFFERS, SALES, AND PURCHASES OF ALL PRODUCTS OR VEHICLES (“PRODUCTS” or “VEHICLES”)) THROUGH THE ONLINE ORDER PLATFORM(S) AVAILABLE ON THIS WEBSITE AND ALL OTHER WEBSITES, MOBILE SITES, AND MOBILE APPLICATIONS WHERE THESE TERMS APPEAR OR ARE LINKED (EACH INDIVIDUALLY, A “SITE” AND COLLECTIVELY, THE “SITES”). BY ORDERING ANY PRODUCTS OR VEHICLES THROUGH THE SITES, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE ADDITIONAL TERMS, AND ANY ORDER CONSUMMATED THROUGH THE SITE(S) IS CONDITIONED ON YOUR ACCEPTANCE OF THE SAME. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST NOT COMPLETE YOUR ORDER.
These Terms are considered a “click-through” agreement and include the Terms of Use governing
the Site(s) as well as additional terms included on the Site(s) (the “Additional Terms”). In the event that there is a conflict between these Terms and the Site’s Terms of Use or the Additional Terms, these Terms will supplement or amend the Terms of Use or Additional Terms, but only with respect to the matters governed by these Terms. Although not part of these Terms, please review the Privacy Policy to better understand how you can update, manage, access, and delete your Personally Identifiable Information.
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We may update or change these Terms at any time without prior notice in our sole discretion. The latest version of the Terms will be posted on the Site(s).
- Applicable to Vehicles Purchased Without A Written Dealer’s Warranty.
- Vehicles purchased through the Site(s) without designation of including a written dealer’s warranty are being sold to you “AS IS” and “WITH ALL ”. Further, the undersigned acknowledges that he is not relying on any representations in purchasing the Vehicle that may have been made by dealer or its agents or employees concerning the condition of the vehicle which are not stated herein. If selling dealer issues a written express warranty or there remains a part of the manufacturer’s warranty which has not expired according to its terms, this provision does not apply.
- The mileage shown on the odometer of any Vehicle for sale through the Site(s) is the approximately the mileage applicable to that Vehicle at the time Custom Truck received the Vehicle (less miles driven for testing and demonstration). However, Custom Truck makes no warranty or representation as to the accuracy of said odometer reading, either express or implied, except that said odometer reading has not been altered by selling dealer, and that dealer has no knowledge that it was altered or disconnected prior to the time this Vehicle came into the Custom Truck’s In consideration of the purchase price stated in the Order Acknowledgment, you hereby release and forever discharge Custom Truck, its officers, directors, employees, agents, successors, and assigns, from any and all claims, causes of action, liability and damages, which may result or develop from the accuracy of the odometer reading, and in the event that a claim is asserted against Custom Truck by a subsequent purchaser of such Vehicle based upon the accuracy of the odometer reading, you agree to indemnity and hold harmless Custom Truck there from. You understand that Custom Truck has no control over what may have been done to the odometer by previous owners and that Custom Truck has no way to ascertain the correctness of the odometer reading. You hereby acknowledge that you have read, understand, and accept all of the provisions of this disclaimer of warranty and release as set forth in this Section 6.1.
- Applicable to Vehicles Purchased With A Written Dealer’s Warranty.
- The only warranties applying to the sale of a Vehicle purchased through the Site(s) are those extended by the manufacturer in an unexpired manufacturer’s warranty, if any so exists, and/or an express written limited warranty extended by selling dealer and delivered to you at the time of delivery of this vehicle. The provisions and terms of such express written limited warranty are those set out in such instrument. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Further, Custom Truck neither assumes nor authorizes any person to assume for it any liability other than that expressed in such instrument. The under- signed acknowledges that he is not relying on any representations herein. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation may not apply to you. If the Vehicle is sold “as is” and “with all faults,” this provision “a” does not apply.
- The mileage shown on the odometer of any Vehicle for sale through the Site(s) is the approximately the mileage applicable to that Vehicle at the time Custom Truck received the Vehicle (less miles driven for testing and demonstration). However, Custom Truck makes no warranty or representation as to the accuracy of said odometer reading, either express or implied, except that said odometer reading has not been altered by Custom Truck, and that Custom Truck has no knowledge that it has altered or disconnected prior to the time a Vehicle came into Custom Truck’s possession. In consideration of the purchase price stated on the Order Acknowledgement, you hereby releases and forever discharge Custom Truck, its officers, directors, employees, agents, successors and assignees, from any and all claims, causes of action, liability and damages, which may result or develop from the accuracy of the odometer reading, and in the event that a claim is asserted against Custom Truck by a subsequent purchaser of such Vehicle based upon the accuracy of the odometer reading, purchaser agrees to indemnify and hold harmless Custom Truck there from You understand that Custom Truck has no control over what may have been done to the odometer by previous owners and that Custom Truck has no way to ascertain the correctness of the odometer reading. You hereby acknowledge that you have read, understand, and accept all of the provisions of this disclaimer of warranty and release as set forth in this Section 6.2.
Section 2 – Order Placement, Confirmation and Payment
2.1 When you place an order to reserve, purchase and/or pay for Product(s) or Vehicle(s) through the Site(s) (an “Order”), you agree that your Order is an offer to purchase or reserve the Product(s) listed in your order. Availability of the Product(s) on the Site(s) is not guaranteed. If a Product is not available by the time your Order processes, we will notify you of this via email. Orders placed on Saturdays, Sundays, or holidays may not process until the following business day.
2.2 We reserve the right to cancel or to refuse any Order that you place through the Site(s), including for pricing errors. We may, in our sole discretion, limit or cancel quantities purchased per person, per business, per household or per transaction. These restrictions may include orders placed by or under the same customer account and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2.3 Upon placing an Order you will receive an order acknowledgement (the “Order Acknowledgement”) to your registered email detailing the Product(s) ordered which may be automatically generated, but your Order will not be accepted until approval by your chosen payment method is received, at which point you will receive an order confirmation email (the “Order Confirmation”). The confirmation of any Order is expressly contingent on the provision of payment and the execution of any documents provided with the Order Acknowledgement (“Purchase Documents”). ALL ORDERS NOT CONFIRMED BY CUSTOM TRUCK WITHIN 72 HOURS OF THE RECEIPT OF THE ORDER ACKNOWLEDGEMENT MAY BE CANCELED. FAILURE TO PROVIDE AN ACCEPTABLE PAYMENT METHOD WITHIN 72 HOURS OF ORDER ACKNOWLEDGEMENT WILL RESULT (IN CUSTOM TRUCK’S SOLE DISCRETION) IN EITHER (A) CANCELLATION OF YOUR ORDER AND CANCELLATION OF THE RESERVATION OF THE VEHICLE/PRODUCT; OR (B) ADDITIONAL FEES ASSESSED AGAINST YOUR ACCOUNT, INCLUDING A PENALTY OF $1000, AND CUSTOM TRUCK MAY RESTRICT FUTURE ACCESS TO YOUR ACCOUNT ON THE SITE(S).
2.4 Payment or pre-authorization of funds by credit card or other payment methods accepted by Custom Truck is required before an order will be confirmed. BY SUBMITTING SUCH INFORMATION YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION AND YOU GRANT US THE RIGHT TO PROVIDE SUCH INFORMATION TO THIRD PARTIES FOR PURPOSES OF FACILITATING THE TRANSACTIONS INITIATED BY YOU OR ON YOUR BEHALF. You agree to pay all charges that may be incurred by you or on your behalf through the Site(s), at the prices in effect when such charges are incurred including, without limitation, all delivery costs, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. You shall remain responsible for any taxes that may be applicable to such transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of placing the Order. In the event payment for an Order will be secured for financing, all financing terms shall be negotiated separately and payment will not be deemed received until funding of such financing is received by Custom Truck. ALL CONFIRMED ORDERS ARE FINAL, NON-CANCELLABLE AND NON-REFUNDABLE.
2.5 By accepting these Terms I acknowledge and understand that any and all credit or debit card payments submitted through the Site(s) may be processed by a third party payment processing company (“Payment Processor”) and I shall be subject to any and all terms and conditions of the Payment Processor, including without limitation any additional fees or privacy policies related to my personal information (“Payment Processor Terms”). I acknowledge Custom Truck is not responsible for information, including Personally Identifiable Information, retained by Payment Processor or for any Payment Processor Terms and shall hold Custom Truck harmless from same.
Section 3 – Site Content
3.1 Prices displayed on the Site(s) may differ from prices available through other vendors or marketplaces. Prices on the Site(s) are subject to change without notice but will only apply to orders placed after such changes. Prices for Products purchased are those in effect when an order is received and will be set out in the Order Acknowledgment sent to you at the time of purchase. Prices are quoted and will be paid in U.S. dollars. Unless otherwise indicated on the Site(s), prices exclude taxes (if applicable), applicable Buyer’s fees, delivery charges, and optional warranties, all of which are additional and will be itemized in the Order Acknowledgement.
3.2 Custom Truck reserves the right to utilize third parties in relation to the development and maintenance of content displayed on the Site(s) (“Third Party Material”). Custom Truck is not responsible for the accuracy of Third Party Material. While every effort is made to ensure the accurate display of Products and Vehicles on the Site(s), the depiction may depend on the viewers monitor or mobile device and may not be accurate. Additionally, the material on the Site(s) may be changed, updated and/or deleted without notice and are subject to correction for technical, clerical or typographical inaccuracies or errors. We do not guarantee the accuracy or completeness of any information contained on the Site(s), including pricing, product images, specifications, or availability and we will not be responsible for any such inaccuracies or errors. We reserve the right to correct any errors, omissions, or inaccuracies, and to change or update information at any time without prior notice (including after you have submitted an order). Orders placed through the Site(s) may be declined or cancelled for any lawful reason, including without limitation, due to the foregoing issues or if a Product is unavailable.
Section 4- Retrieval of Vehicle and Delivery
4.1 This Order may only be cancelled prior to Order Confirmation and in accordance with all policies and procedures that may be provided in these Terms, the Order Acknowledgement or Purchase Documents. Following Order Confirmation it is your responsibility to accept delivery of the ordered Vehicle or Products from Custom Truck or arrange for delivery at your own cost within ten (10) business days of such Order Confirmation pursuant to Section 4.3. In the event the ordered Vehicle or Products are not retrieved or delivery accepted within the allotted period of time Custom Truck shall have the right to: (i) retain as liquidated damages any cash deposit made on a Vehicle, and for such other expenses and losses as Custom Truck may incur or suffer as a result of such failure or refusal, including any costs for arranging delivery of the Vehicle or Products to you and/or (ii) charge reasonable storage fees for the Vehicle of $100.00 per day.
4.2 Custom Truck shall not be liable for failure to deliver or delay in delivery of the vehicle, accessories, or other parts thereof covered by the Purchase Documents where such failure or delay is due, in whole or in part, to any cause other than the negligence of Custom Truck.
4.3 You are entirely responsible for compliance with all applicable local laws and regulations relating to export and import regulations. You may not place an Order through the Site(s) if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government or under similar laws or regulations applicable in other jurisdictions. If you intend to obtain a certificate of title for a Vehicle in a state where Custom Truck is licensed to sell the Vehicle (or is not required to be licensed to sell the Vehicle), you shall accept delivery of the Vehicle at a Custom Truck location in that state, or such other location as Custom Truck may agree. If you intend to obtain a certificate of title for this vehicle in a state where Custom Truck is not licensed to sell the Vehicle (and would have otherwise been required to be licensed to sell the Vehicle), unless Custom Truck otherwise agrees, Custom Truck will coordinate the shipment of this vehicle to purchaser from Kansas City, Missouri. In such case, you hereby authorize Custom Truck, on your behalf, to enter into a shipping contract with a third-party common carrier for the shipment of this vehicle to the physical address set forth on the Purchase Documents, or such other location as you and Custom Truck may agree. You agree that delivery of the Vehicle, including the transfer of title and risk of loss to you, will occur at the time that the Vehicle is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure the Vehicle while in transit, and you will be the beneficiary of any claims for damage to the Vehicle or losses occurring while the Vehicle is in the possession of the common carrier. The shipping cost, if required, will either be included in the Order Acknowledgement or Purchase Documents, as a separate line item. The sale of a Vehicle will be deemed to have occurred in Kansas City, Missouri.
Section 5 –Force Majeure
5.1 The Site(s) offers Products and Vehicles for purchase by you. In no event shall we be responsible or liable for any restrictions or limitations to the order placed hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, pandemics, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
Section 6 – Custom Truck Product Warranty
Section 7 – DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILTIY
7.1 TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND PRODUCTS/VEHICLES OFFERED ON OR THROUGH THE SITE(S) AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SITE(S) MAY CONTAIN LINKS TO OTHER THIRD-PARTY WEBSITES. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. THIRD-PARTY WEBSITES ARE MAINTAINED BY PERSONS OR ORGANIZATIONS OVER WHICH CUSTOM TRUCK EXERCISES NO CONTROL. CUSTOM TRUCK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR RESULTS FROM YOUR USE OF SUCH THIRD-PARTY WEBSITES. THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE(s).
7.2 TO THE FULLEST EXTENT PROVIDED BY LAW, CUSTOM TRUCK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.3 TO THE FULLEST EXTENT PROVIDED BY LAW, CUSTOM TRUCK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE(s), CONTENT, OR OTHER POSTED MATERIAL ON THE SITE(S) IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. BY PROVIDING THE SERVICES ON THE SITE(s), CUSTOM TRUCK N DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. CUSTOM TURCK IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE(S) AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.
7.4 TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL CUSTOM TRUCK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF THE PURCHASE OF ANY VEHICLE OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.
Section 8 – Notices
8.1 Unless otherwise specified, please send communications to us under these Terms via email to [email protected]. We may update these Terms by notice on the Site(s).
8.2 Notices to you under these Terms may be sent by sending a message to the email address you provide or by posting to the Site(s). Notices sent by email will be effective when sent. Posted notices are effective upon posting. It is your responsibility to keep your email address current.
Section 9 – MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
9.1 Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.
9.2 In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site(s), the Products or Services, or any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
9.3 You and we agree that your use of the Product (s) or Vehicle (s) may involve interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings. If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
9.4 If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
9.5 If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.
9.5 If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, Product(s), Vehicle(s) and any other actions with us.
9.6 You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at [email protected] and including in the subject line “Rejection of Arbitration Provision.”
Section 10 – Governing Law and Venue
10.1 These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the mandatory arbitration provision) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Kansas City, Missouri, except where the jurisdiction and venue are mandated by applicable assignment. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Site(s) as further described in our Privacy Policy found at www.customtruck.com/privacy.
Section 11 – General
11.1 No amendment to these Terms will be valid unless made in writing and agreed to by Custom Truck. These Terms are the final and integrated agreement between you and us with respect to their subject matter. Custom Truck may freely assign its obligations and rights under these Terms. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision, and a waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
Section 12 – Questions
12.1 If you have any questions or comments about these Terms or the Site(s), please contact us by email at [email protected]. You also may write to us at:
Custom Truck One Source, Inc.
Attn: Website Inquiries
7701 E 24 Highway
Kansas City, MO 64125