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Terms and Conditions

In order to protect the privacy and rights of our users, the use of DriverLink is subject to the terms and conditions as listed below. Please take a few moments to scroll through this document and indicate your acceptance below. This document is also available on our website or you may call customer service (1-800-263-6149) at any time to request a hard copy.

TransCore Link Logistics Corporation ("TransCore" or "We") is pleased to provide the DriverLink service and the DriverLink.com website (collectively, "DriverLink" or the "System"). DriverLink has been established to facilitate the exchange of job search information in the truck-driving field between registered users of DriverLink.com (our "Service"). Registered users of the Service are made up of student drivers, licensed drivers and persons such as employers and recruiters seeking the services of a driver (each "User" or "You").

The following terms and conditions (collectively, the "Terms") will govern your use of DriverLink. Your use of DriverLink means that You have read all of these Terms and agree to them. The use of DriverLink is conditioned upon the User’s acceptance, without modification, of the Terms contained herein. Do not use this Service if You do not agree to the Terms stated here.

Any and all rights not expressly granted in these Terms are expressly reserved by TransCore. TransCore reserves the right to change these Terms, at its sole discretion, at any time or from time to time.

Use of DriverLink

(a) For Users Seeking Driving Jobs ("Applicant Users")

Your registration with or use of DriverLink does not create an employment or contractor relationship between You, TransCore or an employer. TransCore is not involved in the actual transaction between parties and does not review or verify the accuracy, completeness or fitness for any particular purpose of any information posted on the System. As a result, TransCore does not represent or warrant the safety or legality of any jobs posted on DriverLink. Each User of DriverLink assumes all risks of every nature associated with the use of or reliance upon such information. We make no representations or warranties whatsoever that You will obtain any job via the System, nor any representations or warranties about (and take no responsibility for) any job You may obtain.

(b) Users Seeking Student and Licensed Drivers

Your registration with or use of DriverLink does not create an employment or contractor relationship between You, TransCore or any third person. TransCore is not involved in the actual transaction between parties and does not review or verify the accuracy, completeness or fitness for any particular purpose of any resume information posted on the System. As a result, TransCore has no control over the quality and ability of any applicant registered on the System. Each User of DriverLink assumes all risks of every nature associated with the use of or reliance upon such information. TransCore makes no representations or warranties that You will obtain a driver via the System, or any representations or warranties about (and take no responsibility for) any employee or contractor You may hire.

(c) Our Verification Service

TransCore may informally attempt to verify the school record of Applicant Users (the "Verification Service") who post their resumes to the System with their posted driver training school ("School"). This service is provided for informational purposes only for the convenience of our Users and should not be considered an official record or certificate. TransCore does not provide an official driving school record or any licenses or certificates. We urge Users who are seeking licensed drivers to require a copy of an official license and driving school record from any job applicant. We make no representations or warranties for the accuracy of the verification information that is provided by the School, nor are we responsible for any errors, misrepresentations or omissions made by either the Applicant User or the School. TransCore is not liable in any event for any reliance that is made on our Verification Service.

(d) Acceptable Use

DriverLink may be used only for lawful purposes by Users seeking employment information and Users seeking student or licensed drivers. Your use of DriverLink means you agree to the following acceptable use requirements:

i Please use your own information only: You agree to register using only your own current, complete and accurate biographical and driver information.

ii Acceptable data: You may not create, post, transmit or upload data, to or on DriverLink that (i) is in violation of any law; (ii) infringes the intellectual property rights of others or violates the privacy or personal rights of others; or (iii) is defamatory, obscene or abusive.

iii Transmission to third parties: You may not distribute any information or services provided to You by DriverLink to third parties for any purpose, nor sublicense, rent, lease or lend your DriverLink account.

iv Modification of content: You agree that all pictures, descriptions of services, logos and designs on DriverLink are property of TransCore or its affiliates or licenses. You may not modify, copy, display, reproduce, publish or create derivative works from the information on DriverLink, or sell any information, products or services based on the Service provided by DriverLink to You.

v Data mining: Users of DriverLink and other visitors to this website agree not use any data mining, robots or similar data gathering and extraction methods in connection with the site, unless by express written permission from TransCore only.

(e) Your Information

By submitting (e.g., uploading or posting) your information to the System, You are granting TransCore the right to use your information for the Service. In addition, You automatically grant TransCore the royalty-free, perpetual, non-exclusive right and license to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, distribute and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation, subject to our Privacy Policy (http://www.driverlink.com//privacy.asp) and the applicable privacy laws of Canada. You shall have absolutely no recourse against TransCore as the system provider for any alleged or actual infringement of any proprietary rights You may have in anything You post on the system.

(f) Content Removal and Termination

Without limiting the foregoing, TransCore shall have the right, but not the obligation, in their sole discretion to edit, refuse to post or remove any content that violates these Terms or is otherwise objectionable. The permission to access and use DriverLink or the information on this website shall automatically terminate if You are in breach of any of the Terms. TransCore reserves the right, in its sole discretion, to terminate your access to DriverLink or any portion thereof, at any time without notice.

(g) User Accounts

Each User is required to create an account to take advantage of the DriverLink service. TransCore will use reasonable commercial efforts through secure technology and limited access to protect the privacy of your personal information according to the DriverLink Privacy Policy (http://www.driverlink.com//privacy.asp). However, TransCore cannot guarantee that information posted on the System will be prevented from being viewed by any particular third party.

  • User’s Liability for Account and Password: You are liable for maintaining the confidentiality of your password because You are entirely responsible for any and all activities that occur through your account. You should keep your password secret and not share it with any third parties. You could be held liable for losses incurred by TransCore or another party due to someone else using your account or password. You agree to notify TransCore immediately of any unauthorized use of your account or any other breach of security.

  • TransCore Liability for User’s Accounts: TransCore will not be liable for any loss that You may incur as a result of someone else using your password or account, either with or without your knowledge.

  • Password Loss: TransCore is not liable for password loss; however a password can be recovered by inputting your username where prompted. Failing that, a new password can be obtained by contacting DriverLink customer service.
(h) Electronic Communications

By registering with DriverLink and giving us your email address, You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirements that such communications be in writing.

Limitation of Liability

TransCore only facilitates the exchange of information between job seekers and persons seeking student and licensed drivers, therefore TransCore takes no responsibility whatsoever for (i) the activities or actions of Users who submit driver profiles, (ii) potential employers who are members or Users of DriverLink, (iii) the respective hiring, recruiting or other practices of such members or Users, nor (iv) any of the information posted or downloaded by any party on DriverLink. Nothing on the System shall be deemed to be an endorsement, representation or warranty with respect to any member, User, applicant or other third party, nor with respect to any information posted on the System.

You assume all responsibility and risk for your use of the System and the Internet generally. The System and the information provided on it are provided on an "as is" and "as available" basis without warranties or conditions of any kind, either express or implied, including but not limited to warranties or conditions of title, noninfringement or implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall TransCore be liable for any direct, indirect, punitive, incidental, special or consequential damages or any other type of damages arising out of or in any way connected with the use of the System or with the delay or inability to use it, or for any information, products or services obtained directly or indirectly through the System, or otherwise arising out of the use of this of the System, the Internet generally or on any other basis (whether based on contract, tort, strict liability or otherwise), even if TransCore has been advised of the possibility of damages. No advice or information given by TransCore, its affiliates or their respective employees shall modify the foregoing or create any warranty or condition.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, then TransCore's maximum liability for any type of damages shall be limited to Cdn. $500.00.

Indemnity

You agree to indemnify and hold TransCore, its successors and assigns, harmless from any violation or against any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any rights of another party.

Applicable Law

These Terms shall at all times be governed by and construed and interpreted pursuant to the laws of the Province of Ontario, and the laws of Canada applicable therein.

You submit to the jurisdiction of the courts of Ontario, and agree that any claim, action or proceeding instituted in connection with these Terms or your Account shall be brought in Ontario and that the courts of Ontario shall have exclusive jurisdiction in respect of any such claim, action or proceeding.

Assignment

These Terms may not be assigned by any applicant, User or member, and are binding upon such parties’ heirs, legal representatives and successors, as the case may require. These Terms may be assigned by TransCore and shall enure to the benefit of TransCore, its successors (including amalgamated successors) and assigns.

Severability

Should any provision of these Terms be held by any court of law to be illegal, invalid or unenforceable, the remaining provisions hereof shall continue in full force and effect and such illegal, invalid or unenforceable term or condition shall be severable from the remainder of these Terms. These Terms constitute the entire agreement between the User and TransCore with respect to the subject matter hereof and shall supersede and replace any and all agreements, promises and representations made by any party to the other concerning the subject matter hereof.

Language

The parties hereto agree that for the convenience and advantage of both parties, these Terms have been written in the English language and both parties hereby agree to waive any provision of any law now in force or that may be enacted that would have the effect of causing these Terms to be null and void or unenforceable by virtue of the fact that it is written in the English language. Les parties déclarent qu'elles exigent que cette convention soit rédigée et signée en anglais.