1. Acceptance of Terms and Conditions of Use
Welcome to DriverReach’s (“we” or “us”) websites www.DriverReach.com and www.DriverReachApp.com (the “Site”). Through the Site, truck drivers (“Drivers”) and companies looking to employ Drivers (“Employers”, and together with Drivers, “Users”) are provided with the opportunity to connect quickly, easily, and affordably by allowing Drivers to efficiently transmit an application as required by the Department of Transportation (the “DOT Applications”) to prospective Employers. By accessing the Site, any of the various features, applications, emails, content, uploads, or products now or subsequently available through the Site (collectively, the “Services,” and together with the Site, the “Platform”), you agree to be bound by these terms and conditions of use (these “Terms”) and all applicable federal, state, and local laws and regulations. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU ARE NOT AUTHORIZED TO AND ARE PROHIBITED FROM ACCESSING THE PLATFORM. We may change these Terms at any time by posting revisions to the Site, and your continued use of the Platform indicates your agreement to the revised Terms. Accordingly, we urge you to regularly review these Terms.
3. User Registration
To obtain access to certain portions of the Site or certain Services, you are required to complete a registration. You agree that you will provide true, accurate, current and complete information about yourself or your organization (as applicable) as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You are responsible for safeguarding any password that you use to access the Platform. When formulating your password, use a combination of upper and lower case letters, numbers, and symbols to maximize the strength of your password. You may not (i) disclose your password or other account information to any third party; (ii) transfer your account or user ID to a third party; or (iii) use a third party’s account information, passwords, or log-in information. If you become aware of any unauthorized use of your account or any related security breach, you must immediately notify us. We are not responsible for any loss or damage that arises from your failure to comply with this section, or with any other terms and conditions of this Site.
4. User Subscription
To obtain full access to the Platform, you may be required to pay a subscription fee in addition to completion of the registration process described above. Details of the varying levels of subscriptions available to you will be available for your review during the registration process.
You should assume that everything that you read, see, or hear on the Platform, including all files, images, text, software, and data (collectively, the “DriverReach Content”), is copyrighted or otherwise protected and owned by us or some third party who licensed to us the right to use and provide to you such DriverReach Content. For the avoidance of any doubt, the DriverReach Content includes any code that we use to generate or display the DriverReach Content, the pages making up the Site, and any user interface on the Platform. Unless otherwise expressly noted, the DriverReach Content may not be copied, used, modified, or adapted except as provided in these Terms or with our prior written approval.
All content not originating with us and instead originating from another User or a third party is provided for your interest and convenience only, and we do not endorse such content nor the Users or third parties who supply it, nor do we warrant or represent that such content is current, accurate, complete or reliable. You understand that you may be exposed to content that you might consider offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. Under no circumstances shall we be liable in any way for any such content or any loss or damage of any kind (including but not limited to personal injury and professional negligence) incurred as a result of your use or reliance on such content.
6. Platform License Grant
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, freely revocable license to use the Platform as described below and to view, download, and print Content from the Platform, except as we may restrict or block at the request of our Content providers or of our own initiative. You may not reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from the Content or the Platform except with our prior written permission or any third party holding the right to license such use, as applicable.
7. Your Use of The Platform
All employment contacts and engagements are directly and solely between the Driver and the Employer. You understand and acknowledge that we are not a party to nor will we have any liability with respect to such engagements. You further understand that we do not endorse or vouch for the reputation, competence, or credibility of any Driver or Employer.
Employers are solely responsible for their postings on the Platform. We are not responsible for such postings or any resulting employment process or decisions. We reserve the right to block, remove, or refuse to post job postings you upload at any time and at our sole discretion.
We may (but are under no obligation to) help facilitate the resolution of disputes between prospective Drivers and Employers through programs and procedures, but we have no control over and do not guarantee the quality or reliability of any Driver’s services or the ability of a particular Employer to pay for such services.
b. Uploading Content to the Platform
In order to upload your content (“User Content”) to the Platform, you must (i) have an account in good standing with us and (ii) be at least eighteen (18) years of age. If you are a Driver, the term “User Content” includes, but is not limited to, your DOT Application and all of the information contained therein. If you are an Employer, the term “User Content” includes, but is not limited to, any job postings you make on the Platform and any customizations you make to your profile and account. If you are uploading User Content on behalf of an organization, you must be an authorized representative of that organization with the authority to bind that organization to these Terms. Users are solely responsible for their postings on the Platform, but we do reserve the right to block, remove, or refuse to post any User Content you upload at any time and at our sole discretion.
ii. License Grant to Us
By uploading your User Content to the Platform, you grant to us a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty free, sub-licensable license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, monetize, charge money for, restrict access to view, restrict access to download, advertise against, and otherwise exploit your User Content, in any media formats and through any media channels, in order to publish and promote such User Content in connection with services offered or to be offered by us. Such license will apply to any form, media, or technology now known or hereafter developed. Notwithstanding the foregoing license, if you are a Driver, your DOT Application will only be available to be accessed, downloaded, and/or viewed by those Employers to whom you direct us to provide such authority. You may terminate this grant of license to us as to any specific piece of User Content by requesting in a writing to us the removal, deletion, or modification of that piece of User Content from the Platform.
iii. Your Representations and Warranties
You are solely responsible for your User Content. By uploading your User Content, you represent and warrant that:
8. Your Overall Use of the Platform
You agree to use the Platform in a manner consistent with any and all applicable laws, rules and regulations. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Platform is strictly prohibited. You will not hack into or otherwise gain unauthorized access to the Platform, our computer systems, or the computer systems of other users of the Platform. You will not engage in any data mining in connection with the Platform. You will not post false, inaccurate, misleading, defamatory, or libelous content in any manner. You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or solicit participation in pyramid schemes. You will not distribute viruses or any other malicious technologies that may harm our interests or the interests of our users. You may not impersonate another person or misrepresent your affiliation with a third party. You may not use any robot, spider, scraper, or other automated means to access the Platform, any DriverReach Content, or any User Content whatsoever for any purpose. You will use the Platform for lawful purposes only. You will not take any action that imposes an unreasonable or disproportionately large load on the Platform’s infrastructure. You will not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You will not reverse engineer or decompile any part of the Platform.
We reserve all rights and remedies available to us including reporting any breach or compromise of this Site to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Platform. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion, including but not limited to, failure to abide by these Terms and Conditions.
9. Digital Millennium Copyright Act Compliance
If you are a copyright owner or an agent thereof, and you believe that any Content, User Content, or other material hosted on the Platform infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by a single notification, a representative list of such works on the Platform;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent, 8250 Haverstick Road, Suite 200, Indianapolis, Indiana 46240 or by email at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
10. Links to Third Party Sites
Through the Platform, we may provide links to sites operated by third parties. Your use of and access to such sites is completely voluntary and in no way required by your use of this Platform. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site, or for the security of any of your personal information that may be compromised through your use of or access to such sites. We may provide links only as a courtesy to our users, but such links do not (and will not) imply our endorsement of any linked site.
11. Linking to the Site
We do not object to you linking directly to the information that is hosted on the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link to the Platform from any website that is not owned by you. The Platform must not be framed on any other site. We may withdraw linking permission without notice.
13. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY (I) THAT THE PLATFORM IS ACCURATE, RELIABLE OR CORRECT; (II) THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT THE PLATFORM, THE CONTENT, OR DATA OF YOURS OR ABOUT YOU ARE SECURE; (IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (V) THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (VI) THAT THE PLATFORM WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; (VII) REGARDING THE INFORMATION APPEARING ON THE PLATFORM; OR (VIII) THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE PLATFORM OR INABILITY TO USE THE PLATFORM; (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, SECURITY BREACH, OR LOSS OF USE RELATED TO THE PLATFORM; (III) DAMAGE TO YOUR HARDWARE RESULTING FROM YOUR USE OF THE PLATFORM; AND (IV) THE ACTIONS OR INACTIONS OF THIRD PARTIES, INCLUDING THE INACCURACY OF ANY CONTENT OR MATERIAL SUCH PARTIES PROVIDE THROUGH THE PLATFORM. IF YOU ARE DISSATISFIED WITH US, THE PLATFORM OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00.
You shall indemnify and defend us and our members, employees, contractors, officers and directors from and against all liability, claims, suits or other proceedings, including third party claims, whether threatened or filed, directly or indirectly, resulting from or based on a claim of or relating to, (a) any breach by you of any obligation, covenant or representation contained in this Agreement, (b) a claim that any User Content or other material that you upload to or otherwise transfer via the Platform infringes any intellectual property or moral rights of a third party, (c) any claims brought against us arising from your use of the Platform, including but not limited to any claims of personal or financial injury by third parties related to the use of User Content or other material uploaded to or transferred via the Platform by you.
You agree that you are solely responsible for your interactions with other Users on the Platform. If you have a dispute with one or more Users of the Platform, you release us, our members, employees, contractors, officers and directors from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You acknowledge that we are not obligated in any way to become involved in any such disputes. You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you many know or suspect to exist in your favor at the time of agreeing to this release.
17. Choice of Law
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Platform shall be filed only in the state or federal courts located in Indianapolis, Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. All actions or proceedings arising out of or relating to the Terms shall be venued exclusively in state and federal courts in Indianapolis, Indiana. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.
18. Integration and Severability
The Terms constitute the entire agreement between you and us with respect to the Platform and supersede all prior or contemporaneous communications and proposals with respect to the Platform. If any provision of the Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
Our failure at any time to require performance of any provision of these Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by our authorized representative. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of the Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
We reserve the right, in our sole discretion, to terminate your access to all or part of the Platform, with or without notice. You understand that your account information, including your DOT Application, will be deleted from our database upon account termination. Such destruction will be accomplished in a manner consistent with legal requirements that may pertain to specific information contained in such Application. Information may continue to be available for some period of time due to delays.
Last Updated: Jan 7, 2016
This website, www.DriverReach.com and www.DriverReachApp.com (the “Site”) is operated by DriverReach, LLC d/b/a DriverReach (“we” or “us”). This Privacy Statement (the “Policy”) is designed to tell you about our practices regarding the collection, use, disclosure, processing and storage of personal information that you may provide via the Site or any of the various features, applications, emails, content, uploads, or products now or subsequently available through the Site (collectively, the “Platform”).
By using the Platform or by otherwise providing any personally identifiable information to us, you are consenting to the collection, use, disclosure, processing and storage of your personally identifiable information as set forth in this Policy. If you do not consent to the use of your personally identifiable information as described in this Policy, please do not provide any personally identifiable information to us.
This Policy explains why we need certain personally identifiable information from you, and choices you may have about the ways we use that information.
If you sign up to use a special feature of the Platform, you may be asked to separately and expressly consent to specific terms, for example, by affirmatively checking a box or clicking on a button marked, “I agree.” This separate agreement will supplement or amend this Policy, but only with respect to the matters governed by such separate agreement.
If you are located outside of the United States, please note that any personal information collected through the Platform may be transferred to the United States and other countries that might not provide an equivalent level of protection as the data protection laws in your home country. Your use of the Platform or submission of any personal information will therefore constitute your express consent to the collection, use, disclosure, processing and storage of your personal information outside of your home country.
Please be sure to read this entire Policy before submitting any information to the Platform. We may update this Policy from time to time. We will also revise the “last updated” date at the top of this Policy. We encourage you to periodically review the Policy for updates.
Collection of Personal Information
“Personal information” refers to any information relating to an identified or identifiable individual who is the subject of the information. The term “individual” includes organizations for purposes of this Policy. Personal information we collect may include, for example, an individual’s name, address, e-mail address and/or phone number, age and/or age range (you must be 18 years of age or older). We may also collect additional personal information from Drivers who begin or complete a DOT application, including: a social security number, criminal history, work history, and medical information. We may also collect a user name and password if you have created an account on this website. In addition, we may collect information relating to a user’s device including usage, condition and/or location. We only collect the personal information that is necessary to provide the information or services requested by you. We may also collect statistical information that helps us understand how people are using the Platform. For example, we may analyze server logs for statistical purposes and may employ Google Analytics to analyze how users are utilizing the Platform. This information is not associated with any specific individual and no attempt is made to profile individuals who use the Platform.
It is not our policy to permit third parties to collect personal information about your online activities over time and across sites (behavioral tracking) when you use the Platform.
Use of Personal Information
We use personal information only in the ways enumerated herein or as we subsequently notify you unless such other use is authorized by you or required by applicable law. If you are a Driver, we will provide your DOT Application to Employers, but only at your specific direction. We may also use information to respond appropriately to requests, including responses directly to you or to improve the Platform. The personal information we collect allows us to keep you posted on the Platform’s latest announcements, updates, and events and from time to time, we may send important notices to you. We may also use personal information for internal purposes such as auditing, data analysis, and research that help us improve our services and content.
Disclosure of Personal Information
Disclosure to Third Parties
At times, we may make certain personal information available to affiliates, strategic partners or service providers that work with us, or that help us operate the Platform. We will not sell or rent your personal information to third party advertisers or businesses for their own marketing purposes. We may share your personal information with trusted third parties who are integral to the operation of our Platform, including but not limited to financial institutions, payment processors, verification services and credit bureaus, as well as any third parties that you have directly authorized to receive your personal information. We may store your personal information in locations outside the direct control of DriverReach, for instance, on servers or databases co-located with hosting providers.
It may be necessary by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence for us to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations, subscribers, sponsors, or users. Additionally, in the event of a company re-organization, sale or merger, we may transfer any and all personal information we collect to the relevant third party or third parties as applicable.
Cookies and Other Technologies
We may gather some information automatically and store it in log files. This information can include Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.
We do not currently collect, and it is not our policy to permit third parties to collect “targeted” cookies (persistent identifiers tracking users across different sites and services) for purposes of advertising. In addition, we do not currently respond to “Do Not Track (DNT)” browser signals.
We maintain reasonable administrative, physical, and technological measures to protect the confidentiality, integrity and security of personal information you submit on or through the Platform.
Links to Other Sites
The Platform may have links to other web sites that you may voluntarily access. We are not responsible for the content, privacy, or security practices of third party sites, or for any effect on your personal information as a result of your access to such sites, and suggest that you review their data security and privacy statements.
Privacy of Children
The Platform is a general audience site that is not designed nor intended to collect personal information from children under the age of 13. We do not knowingly collect personal information from anyone under the age of 13. We do not use such information, and will take reasonable measures to delete it if we discover that it is has been provided. The Platform is not a child-directed site in whole or in part. The Platform does not target children under the age of 13 as a primary or secondary audience.
You have the right to access your personal information stored with us to ensure that it is accurate, complete and current. Upon request, we will grant you reasonable access to your personal information, except where the burden or expense of providing access would be disproportionate to the risks to your privacy or where the rights of other persons would be violated. In addition, we will take reasonable steps to correct, amend or delete information that you can independently demonstrate is inaccurate or incomplete.
You may at any time withdraw your consent to the collection, use and transfer of your personal information. However, please note that, by withdrawing your consent, it may be impossible for us to continue to provide you with certain services.
Your California Privacy Rights
Beginning January 1, 2005, California law permits customers who are California residents to request once in any calendar year certain information regarding our disclosure of personal information to third parties for marketing purposes. To make such a request, please contact us by e-mail at firstname.lastname@example.org, or write to us at 8250 Haverstick Road, Suite 200, Indianapolis, Indiana 46240.
If you have any questions or concerns about this Policy or would like information on how to access or update your data, or information on how to opt out of or unsubscribe to future mailings, please contact us by e-mail at email@example.com, or write to us at 8250 Haverstick Road, Suite 200, Indianapolis, Indiana 46240.