The following terms and conditions govern all use of the TruckingIndustryShopper.com (TIS) website and all content, services and products available at or through the website, including, but not limited to, Job postings. The Website is owned and operated by DriverFinder Network. (“DFN”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation,
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DFN, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
DFN's Privacy Policy and Procedures
- Responsibility of Contributors. If you operate an ad which post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your ad’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by DFN or otherwise.
By submitting Content to DFN for inclusion on your Website, you grant DFN a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your AD Content and/or Logo.
-
Without limiting any of those representations or warranties, DFN has the right (though not the obligation) to, in DFN’s sole discretion (i) refuse or remove any content that, in DFN’s reasonable opinion, violates any DFN policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in DFN’s sole discretion. DFN will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. Optional premium paid services such as PREMIUM ADs or $1.00 per day ads are available on the Website. By selecting a premium service you agree to pay DFN the annual subscription fees indicated for that service (the payment terms for any ads are described below). Payments will be charged on the day you sign up for a our ad service and will cover the use of that service for an annual period as indicated. Premium Ad or Text Ad service fees are not refundable.
- Premium Ads.
- Fees; Payment. By signing up for a Premium Ad account you agree to pay DFN the ANNUAL FEE on your ad contract in exchange for the services listed in the contract and signed by you or an authorized person working for your company as the representative. You will receive an emailed paid invoice starting from the day your Premium Ad or text ad is posted. DFN reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. AD Services can be canceled by you at anytime on 30 days written notice to DFN. If there is time paid left on your account there is no refund.
- Support. Customer Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by DFN to respond within one business day) concerning the use of the DFN Services. All Customer Services support will be provided in accordance with DFN standard customer Services practices, procedures and policies. You may also contact us by phone M-F, 10am - 7pm ET at 989.892.8433 for ad edits or 901.649.0850 to buy addtional ad posts.
- Responsibility of Website Visitors. By operating the Website, DFN does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website WILL NOT contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website WILL NOT TOLERATE material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We request that users fo the site report to us any abuse of these terms we may have overlooked. Us the Contact Us link or call us please. DFN disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WordPress.com links, and that link to WordPress.com. DFN does not have any control over those non-TIS websites and webpages, and is not responsible for their contents or their use. By linking to a non-TIS website or webpage, DFN does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Automattic disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
- Copyright Infringement and DMCA Policy. As DFN asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TIS violates your copyright, you are encouraged to notify DFN in accordance with your state's law and federal laws. DFN will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of DFN or others, DFN may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, DFN will have no obligation to provide a refund of any amounts previously paid to DFN.
- Intellectual Property. This Agreement does not transfer from DFN to you any DFN or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DFN. DFN, TIS, the TIS logo, and all other trademarks, service marks, graphics and logos used in connection with DFN, or the Website are trademarks or registered trademarks of DFN or DFN’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DFN or third-party trademarks.
- Changes. DFN reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. DFN may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. DFN may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TIS account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a PAID Services account, such account can only be terminated by DFN if you materially breach this Agreement and fail to cure such breach within thirty (30) days from DFN’s notice to you thereof; provided that, DFN can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. DFN and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DFN nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will DFN, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DFN under this agreement during the twelve (12) month period prior to the cause of action. DFN shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the DFN Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless DFN, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between DFN and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DFN, or by the posting by DFN of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bay County, Michigan. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bay County, MI, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- DFN, TIS, nor it's affiliates sell products or services excluding Membership to TruckerCupid.com and DriverFinder.net job postings and are not responsible for goods or services sold outside of DFN's two vendorships mentioned in this paragraph 16. All customer related complaints, comments, etc. should be directed to the seller and/or employer advertisers on the TIS Website with whom customers or job seekers had interaction.