Terms of Service
These Terms are effective May 18, 2018, but may be updated, amended, or revised at any time as described below.
- You may access and interact with information from TheTrucker.com for your personal, noncommercial information or use only. 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 TheTrucker.com for public or commercial purposes.TheTrucker.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 TheTrucker.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 onTheTrucker.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.
- User Warranties. 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. You agree that your use of TheTrucker.com will be for lawful purposes only. 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 TheTrucker.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 persons’ use ofTheTrucker.com; (6) upload or transmit files using TheTrucker.com that contain a virus, worm 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 TheTrucker.com or that you have an obligation to keep confidential. You further represent and warrant that you are a citizen and resident of the United States of America or a resident alien and an adult, legally entitled to search for and accept employment in the United States. You agree to indemnify and hold harmless TMPi and TheTrucker.com from and against any claim, liability, or damages arising from your improper or unpermitted use of the Website or its contents or accessing or attempting to access any other account or password.
- Limitation of Liability. You assume all responsibility for use of the Web Site and its content and the Internet in general and waive all claims against TMPi, its parent corporation, affiliates, subsidiaries, directors, employees, and agents and customers 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 OR CUSTOMERS 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 TMPi OR THETRUCKER.COM, ITS CONTENT, ANY SERVICES PROVIDED OR ANY ACTION BY ANY CUSTOMER, 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 TheTrucker.com, ITS CONTENT, ANY SERVICE PROVIDED OR ANY ACTION BY ANY CUSTOMER, RECRUITER, COMPANY OR EMPLOYER. THE CONTENT AND SERVICES ON TheTrucker.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.
- Links to Third Party Sites. 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.
- Choice of Law; Waiver and Severability; Survival, Waiver of Jury Trial, Consent to Arbitration, Waiver of Class Action Rights if Any. These Terms of Service and the 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 these Terms or the Agreement or any other disclosure, authorization or release through TheTrucker.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 Terms or Agreement shall remain enforceable. IN THE EVENT OF ANY LEGAL PROCEEDINGS INVOLVING YOU AND TMPi YOU IRREVOCABLY WAIVE TO THE FULL EXTENT PERMITTED BY LAW ANY RIGHT YOU MIGHT HAVE TO A TRIAL BY JURY AND INSTEAD CONSENT TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION AT LOS ANGELES, CALIFORNIA. YOU WAIVE ANY RIGHTS TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT(S) BROUGHT BY YOU OR ANY OTHER PERSON(S) AGAINST TMPi, ITS PARENT COMPANY AND/OR ITS EMPLOYEES, DIRECTORS, ADVERTISERS, OR AGENTS OR CUSTOMERS 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 information at TheTrucker.com.
Consumer Reports. As a part of the employment process (including employment as an independent contractor), 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.
By submitting your application toTheTrucker.com, you certify, represent and warrant as follow:
I personally completed the 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 TheTrucker.com application or those who otherwise meet the requirements I have established or agreed (“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.
I authorize and give permission to the Carrier 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 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 Carrier in making a determination regarding my suitability as an employee. I further understand that neither the Carrier 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 Carrier 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 Carrier 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 Agreement and, in addition to all the provisions set forth herein and prior to consenting to its terms, I understand that:
- I can obtain a paper (non-electronic) copy of this Agreement, at no charge, by contacting info@TheTrucker.com.
- I have the right to withdraw, update or modify my consent to the terms of this Agreement at any time by contacting info@TheTrucker.com. I understand that a withdrawal of my consent may affect my employment opportunities and conditions and the usefulness of TheTrucker.com to me in seeking employment and I expressly authorize the Web Site to notify any affected prospective employers of any action taken by me.
- A copy of this Agreement will be posted on the Web Site which will be accessible by registered users with computer internet access.
- I can, prior to consenting to the terms of this Agreement, contact info@TheTrucker.com to ask questions and to have those questions answered to my satisfaction.
I hereby release and hold harmless TMPi and TheTrucker.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 and/or myself, including but limited to any false, incomplete or misleading information or representation made by me. 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.