Please read this Agreement
carefully before accessing Driver Jobs Available. As a condition to and in
consideration of receiving and accessing Driver Jobs Available, the User agrees
to be bound by the terms of this Agreement. Use of or access to Driver Jobs
Available shall constitute acceptance of and agreement to be bound by this
Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS Driver
Jobs Available. If you have any questions about this Agreement, please contact
us via e-mail. Click here to email us
Driver Jobs Available Access Agreement
THIS
AGREEMENT "Agreement" is entered into by and between Driver Jobs
Available and any individual, corporation, association, agency, company, or
other entity who accesses or uses Driver Jobs Available (the "User"
or "you").
Driver Jobs Available, is a
World Wide Web site on the Internet that is designed to allow users to post job
ads and/or to view job ads posted by other users or interact with those users. Driver
Jobs Available is owned and operated by Global Trucker Media. Driver Jobs
Available contains or may contain information, communications, opinions, text,
graphics, links, electronic art, animations, audio, video, software, photos,
music, sounds and other material and data (collectively, "Content")
formatted, organized and collected in a variety of forms that are generally
accessible to Users, including directories and databases, and areas of Driver
Jobs Available that can be modified by Users, such as posting ads, uploading
multimedia files, registering user profiles, and creating Auto-Notify profiles
("Interactive Areas").
1. User Rights and
Responsibilities
1.1 Access to Driver
Jobs Available.
You are
responsible for providing all hardware, software, telephone or other
communications equipment and/or service to connect to the Internet and access Driver
Jobs Available and are responsible for all Internet access charges, telephone
charges or other fees or charges incurred in connecting to the Internet and
accessing Driver Jobs Available.
1.2 User Conduct.
You agree
to access and use Driver Jobs Available only for lawful purposes. You are
solely responsible for the knowledge of and adherence to any and all laws,
statutes, rules and regulations, pertaining to (i) your use of Driver Jobs
Available, including any Interactive Area, (ii) the use of any networks or
other services connected to Driver Jobs Available, and (iii) the communications
means by which you connect your modem, computer, or other equipment to Driver
Jobs Available. By accessing Driver Jobs Available, you agree that you will
not:
(1)
restrict or inhibit any other user from using and enjoying the Interactive
Features;
(2) post or transmit any
unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane, or indecent information of any kind, including without
limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national, or international law;
(3) post or transmit any
information, software, or other material which violates or infringes in the
rights of others, including material which is an invasion of privacy or
publicity rights or which is protected by copyright, trademark or other
proprietary right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
(4) post or transmit any
information, software or other material which contains a virus or other harmful
component;
(5) alter, damage or delete
any Content or other communications that are not your own Content or to
otherwise interfere with the ability of others to access Driver Jobs Available;
(6) disrupt the normal flow
of communication in an Interactive Area;
(7) claim a relationship
with or to speak for any business, association, institution or other
organization for which you are not authorized to claim such a relationship;
(8) violate any operating
rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property
Rights
2.1 Driver Jobs Available
content.
(a) You
acknowledge that Content on Driver Jobs Available is generally provided by Driver
Jobs Available, individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge that Driver Jobs
Available permits access to Content that is protected by copyrights, trademarks,
and other proprietary (including intellectual property) rights
("Intellectual Property Rights"), and that these Intellectual
Property Rights are valid and protected in all media existing now or later
developed and except as is explicitly provided below, your use of Content shall
be governed by applicable copyright and other intellectual property laws. You
acknowledge that Driver Jobs Available owns a copyright in the "look and
feel," i.e., the selection, coordination, arrangement and presentation of
such Content.
(b) You may not modify,
copy, reproduce, transmit, distribute, publish, create derivative works from,
display or otherwise transfer or commercially exploit any of the Content, in
whole or in part, provided, however, that you may (i) make a reasonable number
of digital or other form of copies to permit your computer hardware and
software to access and view the Content, (ii) print one copy of each piece of
Content, (iii) make and distribute a reasonable number of copies of Content, in
whole or in part, in hard copy or electronic form for internal use only. Any
permitted copies of Content must reproduce in an unmodified form any notices
contained in the Content, such as all Intellectual Property Right notices, and
an original source attribution to "Driver Jobs Available" and its URL
address. You acknowledge that Driver Jobs Available, its Contributors, and/or
Users remain the owners of the Content and that you do not acquire any
Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by
User.
You may
upload to any Interactive Area or otherwise transmit, post, publish, reproduce
or distribute, on or through Driver Jobs Available only Content that is not
subject to any Intellectual Property Rights, or Content in which any holder of
Intellectual Property Rights has given express authorization for distribution
over the Internet and on Driver Jobs Available, without restriction whatsoever.
Any Content submitted with the consent of a copyright owner other than you
should contain a phrase such as "Copyright owned by [name of owner]; Used
by Permission." By submitting Content to any Interactive Area, you
automatically grant and/or warrant that the owner of such Content, whether it
be You or a third party, has expressly granted to Driver Jobs Available the
royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, sublicense, distribute, perform, and display such Content,
in whole or in part, worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed for the full term of
any Intellectual Property Rights that may exist in such Content. You also
permit Driver Jobs Available to sublicense to third parties the unrestricted
right to exercise any of the foregoing rights granted with respect to such
Content. You also permit any User to access, view, store and reproduce the
Content for personal use.
3. Interactive Areas
You
acknowledge that Driver Jobs Available may include various interactive areas
("Interactive Areas"), including but not limited to classified ads.
These Interactive Areas allow feedback to Driver Jobs Available and real-time
interaction between users. You further understand that Driver Jobs Available
does not control the messages, information, or files delivered to such
Interactive Areas and that Driver Jobs Available may offer you and other Users
the capability of creating and managing an Interactive Area. However, neither Driver
Jobs Available, its subsidiary and parent companies, or affiliates, nor their
respective directors, officers, employees and agents are responsible for
Content within any Interactive Area. Your use and/or management of an
Interactive Area will be governed by this Agreement and any additional rules or
operating procedures of any Interactive Area established by you or another
User, as applicable. You recognize that Driver Jobs Available cannot, and does
not intend to, screen communications in advance. Moreover, because Driver Jobs
Available encourages open and candid communication in the Interactive Areas, Driver
Jobs Available cannot determine in advance the accuracy or conformance to this
Agreement of any Content transmitted in an Interactive Area. Driver Jobs
Available is not responsible for screening, policing, editing, reviewing or
monitoring any Content in an Interactive Area. Notwithstanding the above, you
agree that Driver Jobs Available has the right to monitor any Interactive Area,
from time to time and to disclose any information as necessary to satisfy any
law, regulation or other governmental request, to operate the Interactive Area,
or to protect itself or other Users. If notified of Content that is alleged not
to conform to this Agreement, Driver Jobs Available may investigate the
allegation and determine in its sole discretion whether to remove or request
the User to remove such Content. Driver Jobs Available reserves the right to
prohibit conduct, communication or Content within an Interactive Area, or to
edit, refuse to post, or to remove any Content, in whole or in part, which it
deems in its sole discretion to (i) violate the then-standard provisions of
this Agreement or any other standard, written Driver Jobs Available policy in
effect at that time, (ii) be harmful to the rights of any User, Driver Jobs
Available, or other third parties, (iii) violate applicable law, or (iv) be
otherwise objectionable.
4. Termination
The only
right with respect to dissatisfaction with any policies, guidelines, or
practices of Driver Jobs Available in operating Driver Jobs Available, or any
change in Content, is for you to discontinue accessing Driver Jobs Available. Driver
Jobs Available may terminate or temporarily suspend your access to all or any
part of Driver Jobs Available, without notice, for conduct that Driver Jobs
Available believes is a violation of this Agreement or any policies or
guidelines posted by Driver Jobs Available, or for other conduct which Driver
Jobs Available believes, in its sole discretion, is harmful to Driver Jobs
Available or other Users. Driver Jobs Available may discontinue operating Driver
Jobs Available and terminate this Agreement without notice at any time for any
reason in its sole discretion. In the event of termination, you are no longer
authorized to access Driver Jobs Available, including the Interactive Areas,
and the restrictions imposed on you with respect to Content downloaded from Driver
Jobs Available, as well as the disclaimers and limitations of liabilities set
forth in this agreement, shall survive.
5. Links; Disclaimers Of
Warranties; Limitations of Liability
5.1 Links.
You understand that except for Content, products or services expressly
available at Driver Jobs Available, neither Driver Jobs Available, its
subsidiary and parent companies, or affiliates, or their respective directors,
officers, employees, and agents controls, provides, or is responsible for any
Content, goods or services available through sites on the Internet linked to or
from Driver Jobs Available. All such Content, goods and services are made
accessible on the Internet by independent third parties and are not part of Driver
Jobs Available or controlled by Driver Jobs Available. Driver Jobs Available
neither endorses nor is responsible for the accuracy, completeness, usefulness,
quality or availability of any Content, goods or services available on any site
linked to or from Driver Jobs Available, which are the sole responsibility of such
independent third parties, and your use thereof is solely at your own risk.
Neither Driver Jobs Available, its subsidiary and parent companies, or
affiliates, or their respective directors, officers, employees, and agents
shall be held responsible or liable, directly or indirectly, for any loss or
damage caused or alleged to have been caused by your use of or reliance on any
Content, goods or services available on any site linked to or from Driver Jobs
Available or your inability to access the Internet or any site linked to or
from Driver Jobs Available.
5.2 Disclaimer of
Warranties. Please use your best judgment in evaluating all information
contained or opinions expressed on Driver Jobs Available. It is the policy of Driver
Jobs Available not to endorse or oppose any opinion expressed by a User or
Content provided by a User, Contributor, or other independent party. YOU
EXPRESSLY AGREE THAT YOUR USE OF Driver Jobs Available IS AT YOUR SOLE RISK.
NEITHER Driver Jobs Available NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA,
INFORMATION OR SERVICES WARRANTS THAT Driver Jobs Available OR ANY INTERNET
SITE LINKED TO OR FROM Driver Jobs Available WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE
INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF Driver Jobs Available OR ANY
INTERNET SITE LINKED TO OR FROM Driver Jobs Available OR AS TO THE TIMELINESS,
SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT,
RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE,
OR TRANSACTION PROVIDED THROUGH Driver Jobs Available OR ANY SITE LINKED TO OR
FROM THE . Driver Jobs Available IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
5.3 Limitation of
Liability. UNDER NO CIRCUMSTANCES SHALL Driver Jobs Available, ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, Driver
Jobs Available, OR ANY INTERNET SITE LINKED TO OR FROM Driver Jobs Available,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES
CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE,
BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO,
OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES
SHALL Driver Jobs Available, ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY
DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED
WITHIN Driver Jobs Available OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE
LINKED TO OR FROM Driver Jobs Available. THE CONTENT WITHIN Driver Jobs
Available AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM Driver Jobs
Available MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE
INCORPORATED IN NEW VERSIONS OF Driver Jobs Available AND SPECIFICALLY ARE
INCLUDED IN THIS SECTION AGREEMENT. Driver Jobs Available AND ITS CONTRIBUTORS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME
TO TIME.
YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT Driver Jobs Available IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF
YOU ARE DISSATISFIED WITH ANY Driver Jobs Available SITE CONTENT, OR WITH THE
ACCESS AGREEMENT OF Driver Jobs Available, IN WHOLE OR IN PART, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING Driver Jobs Available.
6. Indemnity
You agree
to indemnify and hold Driver Jobs Available, its parent or subsidiary companies
and their affiliates, and their respective directors, officers, employees, and
agents from any and all liabilities, claims and expenses, including reasonable
attorneys fees, arising from breach of this Agreement, any other policy, your
use or access of Driver Jobs Available or any Internet site linked to or from Driver
Jobs Available, or in connection with the transmission of any Content on Driver
Jobs Available.
7. Miscellaneous
This
Agreement comprises the entire agreement between Driver Jobs Available and you,
and supersedes any prior agreements with respect to the subject matter herein. Driver
Jobs Available may revise this Agreement or any other policy at any time and
from time to time, and such revision shall be effective two (2) days upon
posting notice of such revision prominently on Driver Jobs Available. You agree
to review this Agreement periodically to be aware of such revisions. If any
such revision is unacceptable to you, you must discontinue accessing Driver
Jobs Available. Your continued accessing and use of Driver Jobs Available
following notice of any such revision shall conclusively be deemed acceptance
of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3,
6 and 7 shall survive the termination or expiration of this Agreement. If any
provision of this Agreement or any other policy be held invalid or
unenforceable, that portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intention of the parties and
the remaining portions will continue in full force and effect. The failure of Driver
Jobs Available 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.
This Agreement shall be governed by the laws of the state or province of
domicile of Driver Jobs Available, excluding its conflict of laws rules, and
you and Driver Jobs Available each submit to the exclusive jurisdiction of the
courts of that state or province. This Agreement is personal to you and you may
not assign your rights or obligations thereunder to anyone. All logos, brand
names, products, trademarks and service marks appearing herein may be the
trademarks or service marks of their respective owners. References to any
trademark, service mark and links to or from Driver Jobs Available have been
done strictly for clarification and identification and does not constitute
endorsement by Driver Jobs Available of the products, services or information
offered by the owner of such trademark, service mark or link or endorsement of Driver
Jobs Available by such trademark, service mark or link owner.
