These Terms are effective February 1, 2011, but may be updated, amended, or revised at any time as described below.
You acknowledge that you personally completed and submitted the information to TruckJobSeekers.com and that all information is true and correct to the best of your knowledge. You authorize and provide your consent to TMPi to use the information you submit and in particular agree that TMPi may provide the information to potential recruiters and employers who request such information for employment, sales, or contracting and other purposes. You acknowledge and agree that TMPi is not responsible for correcting, verifying, modifying or supplementing the information you provide. You understand and acknowledge that TMPi and TruckJobSeekers.com are not employment agencies, are not your agents, and will not act in your behalf in assisting you in obtaining employment or contracts. You agree that neither TMPi nor TruckJobSeekers.com are responsible for any contract or employment condition, term, or relationship you may or may not obtain, as a result of using TruckJobSeekers.com. You acknowledge that TMPi and TruckJobSeekers.com are not responsible for any use, disclosure, protection or security of information you submit on TruckJobSeekers.com after the information leaves the possession of TMPi.
You may interact with information from TruckJobSeekers.com for your personal, noncommercial information or use. You may not copy, reproduce, sell, publish, transmit, modify, display, repost, hyperlink or otherwise use or distribute any portion of the information and material from TruckJobSeekers.com for public or commercial purposes.
TruckJobSeekers.com and all content and images contained therein and all copyright, trademark and other rights are owned by TMPi and other third parties. Nothing contained on TruckJobSeekers.com may be construed as granting, by implication, estoppel or otherwise, any license or right in or to such information. You agree not to copy, use or otherwise infringe upon any rights to any content contained on TruckJobSeekers.com.
You agree that from time to time the Web Site may be inaccessible or inoperable for any reason, including but not limited to, malfunctions, periodic maintenance or repairs which TMPi may make from time to time. TMPi is not responsible, in any way, for providing or maintaining your access or connectivity to the Web Site.
You represent and warrant that you have the power and authority to enter into and perform your obligations under this Agreement and that you will comply with its Terms.
If you have been issued a username and/or password, you acknowledge that you are solely responsible for any and all acts and omissions that occur using such username and/or password. You are solely responsible for: (1) authorizing, monitoring and controlling access to and maintaining the strict confidentiality of your username and password; (2) not allowing another person to use your username and password; (3) any charges or damages that may be incurred as a result of your failure to maintain the strict confidentiality of your username and password; and (4) immediately informing TMPi in writing of any need to deactivate a username or password due to security concerns or wrongful use or access by any party.
The use of TruckJobSeekers.com is intended for lawful purposes only and you agree not to violate this intent. In particular and without limitation you agree not to: (1) upload or transmit any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material or copyrighted material (without permission from the copyright owner); (2) use TruckJobSeekers.com to violate the legal rights (including rights of publicity and privacy) of others; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) restrict or inhibit other subscribers’ use of TruckJobSeekers.com; (6) upload or transmit files using TruckJobSeekers.com that contain a virus or corrupted data; or (7) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over TruckJobSeekers.com or that you have an obligation to keep confidential.
You agree to indemnify and hold harmless TMPi and TruckJobSeekers.com from and against any claim, liability, or damages arising from your accessing, or attempting to access any other account or password, or your use of the Web Site.
You assume all responsibility for use of the Web Site and the Internet in general and waive all claims against TMPi, its parent corporation, affiliates, subsidiaries, directors, employees, and agents arising from or related to your use of the Web Site.
UNDER NO CIRCUMSTANCES WILL TMPi, ITS PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANYONE CLAIMING ANY RIGHTS THROUGH OR ON BEHALF OF YOU FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMGES RESULTING FROM OR CAUSED BY TMSI OR TruckJobSeekers.com, ITS CONTENT, ANY SERVICES PROVIDED OR ANY ACTION BY ANY RECRUITER, COMPANY OR EMPLOYER IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO US FOR YOUR USE OF THE WEB SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER IS FOR YOU TO DISCONTINUE THE USE OF THE WEB SITE AND REQUEST A REFUND OF ANY AMOUNT YOU HAVE PAID TO US.
YOU ASSUME ALL RISKS OF TRANSMITTING INFORMATION THROUGH THE WEB SITE.
YOU EXPRESSLY AGREE THAT TMpI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING TruckJobSeekers.com, THE CONTENT, ANY SERVICE PROVIDED OR ANY ACTION BY ANY RECRUITER, COMPANY OR EMPLOYER. THE CONTENT AND SERVICES ON TruckJobSeekers.com ARE PROVIDED ON AN “AS IS” BASIS ONLY AND TMPi SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
The Web Site may, from time to time, provide links to third party web sites (“Third Party Sites”). These links are provided as a convenience to you. The Third Party Sites are not under the control of TMPi and TMPi is not responsible or liable for the services or contents of any Third Party Site. The inclusion of any link on this Web Site is not an express or implied endorsement by TMPi.
This Agreement will be governed by the laws of the state of New York and the United States of America without reference to conflicts of laws. No failure or delay in exercising or enforcing any right or remedy hereunder by TMPi shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement or any other disclosure, authorization or release requested through TruckJobSeekers.com are determined to be invalid under any applicable statute or rule of law, it is to that extent deemed omitted and the balance of the Agreement shall remain enforceable. IN THE EVENT OF ANY LEGAL PROCEEDINGS INVOLVING ME AND TMPi I WAIVE TO THE FULL EXTENT PERMITTED BY LAW ANY RIGHT I MIGHT HAVE TO A TRIAL BY JURY AND INSTEAD CONSENT TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION AT LOS ANGELES, CALIFORNIA. I WAIVE ANY RIGHTS TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT(S) BROUGHT BY ME OR ANY OTHER PERSON(S) AGAINST TMPi, ITS PARENT COMPANY AND/OR ITS EMPLOYEES, DIRECTORS, ADVERTISERS, OR AGENTS NOW OR IN THE FUTURE.
Sections 1, 2, 4, 5, 6, 9, and 10 survive the termination of this Agreement.
Disclosure, Authorization and Release of Information
The following information relates to your rights under state and federal law and authorizes the release of information to third parties. Read it carefully before submitting your application at TruckJobSeekers.com. If you do not understand the information, do not submit your application at TruckJobSeekers.com.
As a part of an employment process, the U.S. Department of Transportation requires carriers to investigate your background. As part of this investigation, carriers may obtain consumer reports about you from one or more private consumer reporting agencies, such as the USIS Commercial Services (formerly known as a “DAC report”). The investigation may include, but not be limited to, information pertaining to employment verification, work experience, safety performance history, educational records, criminal records checks, criminal and civil litigation history, personal interviews, accidents, professional credentials, character, general reputation, personal characteristics, drug and alcohol testing, and all driving records and previous requests for driving records, workers compensation claims, and relevant records from federal, state and other agencies (“Investigation”).
Under the Federal Fair Credit Reporting Act, you have a right to know what is in your consumer report. You have the right to make a request to a consumer reporting agency, upon proper identification, to request the nature and substance of all information in the files of a consumer reporting agency on you at the time of your request, including the sources of information and the recipients of any reports on you that a consumer reporting agency has previously furnished within the two-year period preceding your request. USIS may be contacted by mail at P.O. Box 33181, Tulsa, Oklahoma, 74153 or by phone at (800) 381-0645.
Anyone who uses information contained in a consumer report to deny your application for employment must tell you. They must also provide you with the name, address and phone number of the agency which provided the information and inform you of your right to obtain a free copy of your credit report, which is available to you for a sixty (60) day period. The consumer reporting agency does not make decisions regarding your employment and is unable to provide you with the specific reasons why an adverse action was taken. However, you have the right to dispute any incomplete or inaccurate information that is contained in your consumer report.
If a carrier does not use a consumer reporting agency or a consumer reporting agency does not have complete background information on you to provide to a carrier for employment purposes, a carrier may conduct their own Investigation, as described above.
California: Under section 1786.22 of the California Civil Code, you may view the file maintained on you by a consumer reporting agency during normal business hours. You may also obtain a copy of this file, upon submitting proper identification and paying the costs of duplication services, by appearing at a consumer reporting agency’s offices in person, during normal business hours an on reasonable notice, or by mail. You may also receive a summary of the file by telephone, upon submitting proper identification. The consumer reporting agency has trained personnel available to explain your file to you, including any coded information. If you appear in person, you may be accompanied by one other person, provided that person furnishes proper identification.
New York: You have the right, upon request, to be informed of whether or not a consumer report was requested. If a consumer report is requested, you will be provided with the name and address of the consumer reporting agency furnishing the report. You may inspect and receive a copy of the report by contacting that agency.
Maine: You have the right, upon request, to be informed of whether an investigative consumer report was requested, and if one was requested, the name and address of the consumer reporting agency furnishing the report. You may request and receive from the consumer reporting agency, within five business days of receipt of your request, the name, address and telephone number of the nearest unit designated to handle inquires for the consumer reporting agency issuing an investigative consumer report concerning you. You also have the right, under Maine law, to request and promptly receive from all such agencies copies of any such reports.
Washington: If an investigative consumer report is requested on you, you have the right, upon written request made within a reasonable period of time after your receipt of this disclosure, to receive a complete and accurate disclosure of the nature and scope of the investigation requested. You also have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act.
AUTHORIZATION and RELEASE
By submitting my application to TruckJobSeekers.com, I certify that I personally completed this application and that all information provided is true and correct to the best of my knowledge.
I authorize the carriers I have identified on my TruckJobSeekers.com application (“Carriers”) to do a complete background investigation on me for employment purposes, in accordance with state and federal laws. I understand and agree that this investigation may be conducted by a consumer reporting agency or by a Carrier (or both) and include but not necessarily be limited to, information pertaining to employment verification, work experience, safety performance history, educational records, criminal records checks, criminal and civil litigation history, personal interviews, accidents, professional credentials, character, general reputation, personal characteristics, drug and alcohol testing, and all driving records and previous requests for driving records, workers compensation claims, and relevant records from federal, state and other agencies (“Investigation”).
I authorize and give permission to the Carriers to obtain one or more reports regarding my driving, and safety inspection history from the Federal Motor Carrier Safety Administration (FMCSA). Any decision they make not to hire me based on information contained in your FMCSA reports will be their decision alone. I authorize Carrier Companies and their agents or contractors to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and information regarding my safety inspection history. I understand that I am consenting to the release of safety performance information, including without limitation crash data from the previous five (5) years and inspection history from the previous three (3) years. I understand and acknowledge that this release of information may assist Prospective Employers in making a determination regarding my suitability as an employee. I further understand that neither the Prospective Employers nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. I understand I may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If I am challenging crash or inspection information reported by a State, FMCSA cannot change or correct this data. I understand my request will be forwarded by the DataQs system to the appropriate State for adjudication.
I authorize and give permission to the Carriers to obtain consumer reports about me from a consumer reporting agency, including but not limited to the USIS. I authorize the release of information to Carriers from my DOT required drug and/or alcohol testing records (including refusals to be tested), within the past three years, for all jobs that were designated as a safety sensitive function, as required by federal law. This is also in accordance with provisions of 49CFR Part 382.405 and 382.413.
I authorize USIS (or another consumer reporting agency) to disclose all information in its possession to a requesting Carrier for the purpose of making a determination as to my eligibility for employment, promotion or any other lawful purpose. I agree that such information which a consumer reporting agency has or obtains, and my employment history if I am hired, may be supplied by a consumer reporting agency to other companies that subscribe to the consumer reporting agency. If hired or contracted, this authorization shall remain on file and shall serve as ongoing authorization for the procurement of consumer reports at any time during my employment or contract period.
By affixing my electronic signature, I certify that I have read and fully understand this Disclosure, Authorization and Release and, in addition to all the provisions set forth herein and prior to consenting to its terms, I understand that:
I hereby release and hold harmless TMPi and TruckJobSeekers.com from any claims or actions for any liability which may arise from any investigation or employment action by any Carrier, consumer reporting agency, past or prospective employer or other party. I further release all other parties involved in any Investigation including all consumer reporting agencies and other companies or individuals who provide information concerning me to a Carrier, from any claims or actions for any liability whatsoever related to the process or results of any Investigation.