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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 ("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 (collectively, the "User" or "You"). Registering
with Driverlink does not create any employment or recruiter relationship between
the User and TransCore.
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 relationship
between You and TransCore. 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 warranties whatsoever that You
will obtain any job via the System, nor any 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 a contractual relationship
between You and TransCore. 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 warranties
that You will obtain a driver via the System, or any warranties about (and take
no responsibility for) any employee or contractor You may hire.
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Our Verification Service
TransCore informally attempts to verify the school record of Applicant Users 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 representation
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.
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(c) 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 policies:
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i
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Please use your own information only: You agree to register using only your
own current, complete and accurate biographical and driver information.
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ii
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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.
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iii
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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.
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iv
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Modification of content: You agree that all pictures, descriptions of services,
logos and designs on this website are property of TransCore or its affiliates. You
may not modify, copy, display, reproduce, publish or create derivative works from
the information on the Driverlink site, or sell any information, products or services
based on the Service provided by Driverlink to You.
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v
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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.
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(d) 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 that we provide.
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.
(e) 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.
(f) User Accounts
Each User is required to create an account to take advantage of the Driverlink service.
TransCore will use its best 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.
(g) 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. This system and the information provided on it are provided on an "as
is" and "as available" basis without warranties of any kind, either express or implied,
including but not limited to warranties of title, noninfringement or implied warranties
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 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.
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
for 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 are governed by the laws of Ontario and Canada applicable therein.
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.
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