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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES PROVIDED BY TRUCKDRIVER.CO. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE SEE SECTION 1.5 FOR MORE DETAILS.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN YOU CANNOT USE THE SERVICES.
1.1 Agreement. These Terms of Service (the "Agreement" or "Terms") constitute a binding agreement between Track5Media, LLC and its affiliates and subsidiaries (collectively, “TruckDriver.co”, "Company", "we", "us" or "our"), and users ("you" or "your"). The Agreement governs all information, data, graphics, content, software applications, downloadable or otherwise, or other Company services provided on or through its websites, which include, but are not limited to, TruckDriver.co and www.trackfive.com (the "Site(s)"), and your use of and access to our services offered on the Sites (collectively, the "Service(s)").
1.2 Confidentiality and Privacy Policy. Company takes your privacy seriously. We understand and respect your privacy concerns and have created a Privacy Policy to inform you about the kind of information we may collect and the ways we may use it. We will not disclose your information except as provided in our Privacy Policy, which is hereby incorporated in its entirety as if set forth herein.
1.3 Amendment. We reserve the right to modify or replace these Terms at any time in our sole discretion. If the changes are significant, we will notify you. Any changes will be effective upon posting the revised version of these Terms on the Services (or such later effective date as may be indicated at the top of the revised Terms). Your continued access or use of any portion of the Services constitutes your acceptance of such changes.
1.4 Customer Service. We take customer service seriously. We encourage you to seek resolution of any issue by first contacting us at [email protected].
1.5 Dispute Resolution By Mandatory Arbitration/Waiver of Class Actions. You understand and agree that all claims, disputes, or controversies between you and Company, or its affiliates, or their respective directors, officers, employees, representatives and agents, arising under or related to this Agreement (including the Privacy Policy), the Services, or the Site, regardless of legal theory, and including the issue of arbitrability, shall be resolved by final and binding arbitration before the American Arbitration Association (“AAA”), in accordance with the rules of the AAA. YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOURSELF AND COMPANY AND WILL NOT BE PART OF A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED ARBITRATION PROCEEDING. YOU ACKNOWLEDGE THAT, WITHOUT THIS ARBITRATION PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION; EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION. ANY SUCH ARBITRATION PROCEEDING SHALL BE CONDUCTED IN LANCASTER COUNTY, PENNSYLVANIA. The arbitration may be conducted in person or via document submission, telephone, video, or email. The parties each waive any objection to jurisdiction and venue. The prevailing party shall be entitled to receive its reasonable attorney’s fees, legal costs, and any expenses incurred in such arbitration, and the arbitrator shall determine the prevailing party for this purpose. Notwithstanding this arbitration provision, you may assert a claim on an individual basis in small claims court in Lancaster County, Pennsylvania if the claim seeks $2,500 or less. THIS AGREEMENT TO ARBITRATE DOES NO PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING TO A COURT FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION, INCLUDING TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN LANCASTER COUNTY, PENNSYLVANIA. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN LANCASTER COUNTY, PENNSYLVANIA. THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN LANCASTER COUNTY, PENNSYLVANIA AND SHALL BE GOVERNED BY PENNSYLVANIA LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
2.1 Must be 18 years old. You may not access the Services if you are under the age of 18 years. You represent and warrant that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
2.2 Consent to Electronic Communications. You agree that the Services may include certain communications such as service announcements or administrative messages, and that these communications are considered part of your Services and you will not be able to opt-out of receiving them. You also agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2.3 Consent for Promotions; Opt-out. Company may also send you promotional offers and news about Company and/or the Services, which you can opt-out from receiving by following the instructions on the promotional messages or by emailing us at [email protected].
2.4 Limitations on Use.
2.5 Impermissible Activity. We reserve the right, in our sole discretion, to investigate complaints, violations of our Terms and any potential violations of applicable law. We may take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. If you encounter any prohibited content, material or other potential violations on the Services, you should be immediately report such content or violations to .
2.6 Right to Suspend or Terminate Use. We may also suspend and prohibit use of the Services if we believe a user is violating these Terms or otherwise engaging in or attempting to engage in unlawful activities through the Services. We also reserve the right, to temporarily suspend your access to the Services at any time, in our sole discretion, with or without cause, and with or without notice.
2.7 Service Disclaimer and Release. OUR SITE AND SERVICE IS NOT AN EMPLOYMENT SERVICE. WE DO NOT ACT AS AN EMPLOYMENT AGENT AND CANNOT GUARANTEE ANY RESULTS OR EMPLOYMENT. WE DO NOT OWN, MANAGE, OR CONTROL JOB LISTINGS OR HIRINGS, WHICH ARE PROVIDED BY THIRD PARTIES. OUR SITE ACTS MERELY AS A VENUE FOR USERS TO FIND INFORMATION REGARDING POTENTIAL JOB OPENINGS. IF YOU SEARCH FOR OR APPLY TO A JOB, YOUR INFORMATION WILL BE FORWARDED TO THE THIRD PARTY OR PARTIES OFFERING THE JOB. YOU ASSUME ALL RISKS OF USING THE SITE AND THE SERVICES. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING ANY JOB OFFER OR LISTING. YOU AGREE TO RELEASE TRUCKDRIVER.CO AND OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND SERVICE.
3.1 Compatibility. Use of the Services may require compatible devices (e.g., personal computer, mobile phone, tablets, and other consumer electronic devices), Internet access or Wi-Fi, certain software, and wireless plan with necessary wireless data features; may require periodic updates; and may be affected by the performance of these factors. You are responsible for paying all wireless charges and for all equipment and other third-party services you use to access our Services.
3.2 Registration. Use of the Services may require you to register.
3.3 Availability of the Services. Company does not guarantee availability of the Services, shall not have any liability to you for any unavailability of the Services, and is under no obligation to provide you with maintenance, technical support or updates for the Services unless expressly provided in conjunction with your plan type. To the extent you choose to access and use the Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
3.4 Services Updates and Modifications. Company reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates, or enhancements to the Services at any time. We may add or remove functionalities or features, and we may suspend or stop the Services altogether. We reserve the right to alter, update, or remove our Site or Service or your access from it at any time, or demand that you do so. We may conduct such modifications to our Service for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal, or other purposes.
3.5 Third-Party Access and Offers. You may gain access to other websites via links on the Services; however, we do not control and are not responsible for any third-party websites or applications, and these Terms do not apply to other websites. Similarly, if you come to the Services via a link from another website, the terms of use of that website do not apply to the Services.
3.6 Relationship. This Agreement and any registration for or use of the Site and Service will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and TruckDriver.co, except and solely to the extent expressly stated in this Agreement.
4.1. Company Rights. Company shall retain ownership in and to the Services and all copyrights, trademarks, service marks and other intellectual property rights associated therewith. You shall not take any action that is inconsistent with our ownership of the Services. You further acknowledge and agree that nothing in this Agreement and no use of the Services shall cause to vest or be construed to vest in you, any right, title, or interest in or to the Services other than the express right to use the Services solely in accordance with the terms and conditions of this Agreement. Subject to your strict compliance with these Terms and all applicable laws, Company grants you a non-exclusive, non-transferable, revocable, limited license to use the Site.
4.2 Copyright Takedown Notice. We take copyright and trademark infringement very seriously. If you believe that your copyright or trademark has been infringed via our Site or service, please send us a message which contains:
You must sign this notification and send it to our agent: [email protected].
4.3 Your Content. Your ability to submit or transmit any information through the Site and Service, including but not limited to text, images, or other information will be referred to as "User Content" throughout this Agreement. Between you and Company, all User Content you submit to the Site or Service will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Service may be modified or removed at our discretion. Your User Content will be shared in accordance with our Privacy Policy. When you submit any User Content to us, you grant TruckDriver.co, its partners, affiliates, users, representatives, and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to third parties in accordance with the Service and our Privacy Policy. For clarity, we own all layouts, arrangement, metadata, aggregated data, and images that are used to render your User Content through our Service.
5.1 Indemnification. You are solely liable for any content or other information you transmit, provide, or upload to the Services. You agree to indemnify, defend, and hold harmless Company and its affiliates from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to (a) your violation of any term of these Terms or any applicable law, (b) your use of or access to the Site or Services, (c) your violation of any rights of a third party, including without limitation any property or privacy right, (d) your account, and (e) your User Content.
5.2. Warranty Disclaimer. THE SITE AND SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TRUCKDRIVER.CO NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE, SITE, OR ANY ACTIONS BY A THIRD PARTY; (B) ANY USER CONTENT OR THIRD-PARTY CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TRUCKDRIVER.CO OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE IN A PARTICULAR CIRCUMSTANCE, THEN COMPANY SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
5.3 Limitation of Liability. IN NO EVENT SHALL TRUCKDRIVER.CO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM USER CONTENT, ANY ACTION OR INACTION BY YOU OR ANY THIRD PARTY (INCLUDING REGARDING THIRD-PARTY JOB LISTINGS, JOB OFFERS, OR HIRING), OR (I) YOUR USE OR INABILITY TO USE THE SITE OR OUR SERVICES OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD-PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF SUCH LIMITATION IS NOT PERMITTED IN YOUR JURISDICTION, YOU AGREE OUR MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED $100 USD. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees, or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
5.4 California Residents. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be sent to our agent for notice at: [email protected]. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
6.1 Third-Party Rights. The provisions of these Terms are for the benefit of Company and any third-party information providers to the Services. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on his, her, or its own behalf.
6.2 Dispute with Third Parties. You agree that if you take legal action against a third party, such as an employer or marketer who purchases information from us, in relation to Company’s services or the information provided by yourself to Company, that you will bring the dispute against them in accordance with the arbitration provisions listed in this Agreement, to the extent permitted by applicable law. This is because in such cases one or more party may find it necessary to subpoena or summon Company as a witness, and we believe it to be most cost-effective for us and neutral to the parties involved if such a dispute is brought according to the same rules as those which would be applied to disputes with Company.
6.3 Governing Law. This Agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to the conflicts of law principles thereof.
6.4 Entire Agreement. This Agreement (including the Privacy Policy) constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all other prior written or oral agreements between Company and you regarding such subject matter.
6.5 Severability. If any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall be ineffective in that jurisdiction and the remaining provisions of this Agreement shall continue in full force and effect.
6.6 No Construction Against Drafter. The terms of this Agreement shall not be construed against Company by virtue of its having drafted them. If you do not agree to be bound by these Terms, you should not use the Site or Services.
6.7 Survival. In the event of the termination of this Agreement, any obligation of yours, which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of Company's rights under this Agreement shall survive any termination of this Agreement.
6.8 No Third Party Beneficiaries. Except as expressly stated herein, nothing in this Agreement is intended to confer on any third party (whether referred to in the Agreement by name, class, description, or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this Agreement, except as expressly contemplated in this Agreement.
6.9 Shortened Statute of Limitations. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
6.10 No Assignments or Transfers. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without Company's prior written consent (in its sole discretion), and any attempt by you to do so in violation hereof will be void and ineffective. Company and its affiliates may assign their respective rights and obligations under this Agreement (in whole or in part) without your consent or notice to you.
Last Updated: February 24, 2020
Thank you for visiting TruckDriver.co and, if applicable, choosing to use our Service. This Privacy Policy, like our Terms of Service, is an integral part of accessing our Site or using our Service, and you must completely agree to it in order to access or use our Site and Service. If you do not agree with any portion of this Privacy Policy please stop accessing our Site or using our Service immediately.
As we take your privacy seriously, please note that by submitting your information to us, you agree that (i) we may share your information companies from our Approved Partner Network and (ii) our Approved Partners may contact you (including through automated means, such as autodialing, text, and pre-recorded messaging) via telephone, mobile device (including SMS and MMS), and/or email. This express consent is applicable even if your telephone number is currently listed on any state, federal, or corporate Do Not Call list.
Throughout this Privacy Policy, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing, and no definition should be considered binding to the point that it renders this Privacy Policy nonsensical:
When using our website, you will provide your full name, e-mail address, mailing address, and telephone number, and you may provide your date of birth. We may also require that Users provide additional information relevant to interested employers, such as the number of years of experience that you have, your preferred destination and other preferences, the licenses you hold, the current status of your credentials, what you specialize in, whether you have an interest in team driving or lease purchase, whether you have had any accidents or violations in the past 3 years, whether you have had your license suspended or DUI/DWI charges in the past 10 years, and any other information that you submit as part of a job application through the Service. We may collect information based on your interactions with our Site or further communications you may have with us. We may also collect your information if you publicly post such information, such as in an online review or comment.
Whenever you visit our Site, we may collect non-identifying information from you, such as your device, internet, and geolocation information, including information about your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
In particular, we may use cookies (files that are placed on your computer or electronic device when you visit a website), web beacons, clear gifs, and similar technologies. These allow us to gather technical device, internet connection, internet activity, and geolocation information. We may use the following type of cookies, which may include cookies that we or third parties place, to customize and streamline your experience: (1) Necessary Cookies, which are essential for the Site to display and perform properly and are used to, for example, identify you or prevent security risks; (2) Preferences Cookies, which are used to store preferences set by you, such as your language preferences, and which improve your experience using the Site‘ (3) Analytics and Performance Cookies, which collect information on how you and other users interact with the Site and which often goes into aggregated information to improve the Site‘ and (4) Advertising Cookies, which allow us and others to deliver, for example, ads that may be of interest to you. Cookies and web beacons may help us and third-party advertising partners ensure you do not see the same advertisements over and over and to identify and block unwanted ads; and we use these tracking tools to better understand your behaviors and browsing activities, and to generate inference information. We may also use third-party cookies to improve the Site and your user experience and advertise offers of interest to you. In other words, your information may be shared with these third parties and vice versa. Here is a list of the third-party cookies used in connection to the Site for advertising, social sharing, chat, and performance monitoring functions.
| Third Party | Description or Purpose | Cookie or Privacy Policy |
|---|---|---|
| Bing Ads | To deliver advertisements. | https://privacy.microsoft.com/en-ca/privacystatement |
| To deliver advertisements. | https://policies.google.com/technologies/types?hl=en | |
| To deliver advertisements. | https://www.facebook.com/policy/cookies/ | |
| Zopim | To assist with real time chat. | https://www.zendesk.com/company/zopim-privacy-retro/ |
| New Relic | For performance monitoring. | https://newrelic.com/termsandconditions/cookie-policy |
You can change your cookie settings in your internet browser (e.g., Chrome, Edge, Firefox), but you risk that some of the features of the Website may not function correctly. For more information, see https://www.allaboutcookies.org/. You can also obtain information at these websites:
Please be aware that some of your information will be visible to other users and third parties that have access to the Site and Service. We may use your information for business purposes (reasonably necessary and proportionate to achieve an operational purpose) as well as commercial purposes (intended to advance business interests, such as marketing offers). You agree that we may use your information in the following ways:
Additionally, we may give your information to law enforcement or if we are compelled to by a court order or legal process such as a subpoena, if there has been a violation of any US laws, or if your actions have violated our Terms of Service or Privacy Policy.
By submitting your telephone information, you agree that TruckDriver.co or our Approved Partners or other third parties may contact you by the telephone number listed. Please be aware that standard voice and data message rates may apply and that your consent is not a condition of any purchase. Please review your voice and data plan to understand any additional charges and fees that you may be responsible for.
Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Both identifying and non-identifying information that is submitted to TruckDriver.co will be collected, processed, stored, disclosed, and disposed of within the United States and in accordance with applicable U.S. law and this policy. If you are a non-U.S. user, you acknowledge and agree that TruckDriver.co may collect and use your information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries.
Because our Service focuses on lead generation, it is generally impossible to access, edit, or remove information once you have provided it to us. This is because we pass it to third parties, such as employers and hiring agencies, and we have no contractual right to demand that they provide you with access to such information. Please be aware that after your information has been passed on to third parties we will have no access to such passed on information. You agree that any information, once submitted to us, may be used, and distributed at our discretion in accordance with this Privacy Policy and may be retained for a commercially reasonable period of time or as otherwise authorized by law. You should carefully consider what information you provide to us through your use and access to the Site. If you wish for any of your information to be removed from our databases, please submit a written request to [email protected].
Track5Media operates a large network, including TruckDriver.co. You agree that we may share, store, distribute, publish, exchange, transfer, and otherwise disseminate your information throughout our network.
You also agree that we may share, store, distribute, publish, exchange, transfer, and otherwise disseminate your information with any third party and including, without limiting the generality of the foregoing, marketers, hiring agencies, employers, and others, whether or not it is done in exchange for consideration (in other words, we may disseminate it without requiring the third party pay us for it), or to any third party that acquires all or a part of our assets or the ownership of our company, or a successor in title to our business. We may also disclose your information if needed to comply with a legal obligation, as outlined below, to prevent illegal or harmful misconduct, and to advertise to you and other users as outlined in this Privacy Policy.
TruckDriver.co may post links to third-party websites on its Site or through its Service, which may include information that we have no control over. Whether you access third-party websites through a link on our Site, or as a consequence of using our Service (such as by discovering the link in a place you arrived at as a result of using our Site), you acknowledge that you are aware that these third-party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third-party websites. We do not endorse any third-party website. Please review the privacy policy and terms of service for each site you visit through third-party links or through our Service.
Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties, except as expressly stated. TruckDriver.co bears no responsibility for the information collected or used by any advertiser or third-party website or for any content on any such website.
Although you are entering into an Agreement with TruckDriver.co to disclose your information to us, we do use third-party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Services to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire third parties to assist us in maintaining, repairing, improving, or otherwise assisting us with our Site and Services.
By using the Site and Services, you grant these third parties the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, to the fullest extent permissible by law, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
By utilizing TruckDriver.co, you authorize Track5Media, as owner of TruckDriver.co, to facilitate the release of any and all information and records to any potential employer from prior employers and third parties pertaining to your work history, evaluations, disciplinary action and benefit information, including, but not limited to, license information, safety performance record, alcohol and drug testing information, and criminal background records that may be on file with any former employer or with the applicable state department or licensing boards, professional liability insurance carrier, and other professional organizations or institutions you disclose as references. You understand that if a potential employer decides not to hire you or makes an adverse employment decision based on information obtained through the Fair Credit Reporting Act (FCRA), the potential employer must provide you a copy of the report on which the decision was based and provide you with a summary of your rights under the FCRA.
As used with this authorization/release, "employer" shall denote employer or one for whose services were provided under an independent contractor relationship.
You understand that if you do not consent to the release of the aforementioned, that it may disqualify you from a position with a desired employer.
In so authorizing the release of such information and copies of related records as aforementioned, you release from liability all those who provide information in good faith in response to any inquiry and all agencies and clients represented by Track5Media and their agents and representatives who rely on such information. You further authorize Track5Media and all providers of information to disclose to such persons, potential employers, institutions, boards, or agencies such information about you to enable any potential employer to make direct inquiry.
You hereby release Track5Media, all of its clients and agencies affiliated or any party utilizing the foregoing information in considering your employment or agency, or any custodian of such records, including any action taken by the party using or retaining custody of such records. By electronically submitting my application on TruckDiver.co, you affirm that you are aware of your rights and obligations under applicable law pertaining to the release of employment information.
You agree that we may disclose your information to a third party where we believe, in good faith, that it is necessary or required to do so for the purposes of legal or regulatory requirements, including in a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may provide the information required by the subpoena without any notice to you. We may also provide your information to third parties, if we deem the provision necessary in our sole discretion, to the protection of our rights or the rights, safety or property of our Site, our Service, other Users, or other third parties. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your actions violate any law of the United States or any other country having jurisdiction over us, our Site, Services, our Terms of Service, or this Privacy Policy. You release us from any damages that may arise from or relate to the release of your information in response to a request from law enforcement agencies, governmental agencies, courts, private litigants., or otherwise in accordance with this paragraph. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities in the State of Pennsylvania, the rest of the United States, or elsewhere.
By providing your information to the Site you agree that we and third parties may contact you, including by emailing advertising messages and offers that may be of interest to you. You agree to waive all rights to file complaints concerning unsolicited email from us or other third parties as you have agreed to receive communications from us and others as covered under this Privacy Policy.
However, you may unsubscribe from marketing communications by notifying TruckDriver.co that you no longer wish to receive solicitations or information and we will remove you from our database where you have the right to request this under our Agreement, Privacy Policy, or applicable law, or where we voluntarily decide to grant the request. If you wish to opt-out please contact [email protected] or opt-out using the instructions provided in our e-mails. Please note that, if you opt-out of marketing emails, we may still send you any necessary, non-promotional emails, such as updates to our Privacy Policy or Terms of Service. We are also not responsible for, and cannot remove you from, third parties' email lists. We suggest you follow-up with those third parties if you would like to opt-out of those third parties' communications.
We take certain measures to enhance the security of our Site and Services, including using PCI DSS-compliant and SSL hosting. However, we make no representations as to the security or privacy of your information. As this is the internet, no information is 100% secure, therefore we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats. You should notify us as soon as possible if you believe there has been a security breach, and you should take measures to safeguard your login name and password.
This site is intended for people who are 18 years of age and older. We do not knowingly allow any users under the age of thirteen to use our service. However, if you become aware of the existence of a user who is under the age of thirteen, or that an individual under thirteen has provided their information to us, contact us immediately with details at [email protected]. If you have been reported as being below thirteen by another person, we may request that you verify your age to us, including providing us a copy of your photo ID as a condition of your continued use of our service.
If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Please note that we are not considered a “business” under the California Consumer Privacy Act. You may contact us at [email protected] with any questions.
Please be aware that third parties may track or collect your information on our Site and Service via their access to our tracking technology. If you do not wish to disclose such information to third parties, please do not use our Site.
We currently do not subscribe to any do-not-track listings. Our Site does not respond to any browser do-not track signals. Therefore, you must assume that we collect your information even if do-not-track options are enabled on your browser.
If you are a User purchasing or otherwise receiving individuals' information from us, rather than a User who deposits it with us, you agree that you will take all steps necessary to comply with this Privacy Policy and any amendments to it, as well as the applicable law, regardless of whether you reside in the State of Pennsylvania or elsewhere.
For example, if we receive a notification that a User has submitted information to us in violation of the Children's Online Privacy Protection Act, you agree that you will assist in the investigation of where such information has been distributed and delete any such information upon request from Track5media.
Furthermore, if we amend this Privacy Policy to alter how the information about Users that we disseminate may be used, you agree that you will abide by the new Privacy Policy conditions regarding the handling of information.
Furthermore, you agree that, even if the data of a User is purchased from us and subsequently transferred to a jurisdiction not normally subject to the laws of the State of Pennsylvania and/or the United States, to the extent such a jurisdiction has less restrictive privacy legislation for the treatment of data than the State of Pennsylvania and/or the United States, you will abide by the privacy legislation applicable in the State of Pennsylvania and the United States.
The examples in this section are illustrative only and should not be considered as limiting on the first paragraph of this section.
We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will post a note on this page to indicate when it was last modified or we may contact you. The amendments will apply to your use of our Site and Service. Your continued use of the Site and Service shall constitute your consent to any new additional terms. If you do not agree to the additional terms, you must immediately cease using our Site and Service.
Last Updated: February 24, 2020
