Terms of Use

These Terms of Use are effective as of May 1, 2016.

Terms of Use.

This page states the Terms of Use ("Terms") under which you ("You") may use the Bid4Drivers Sites and the Services (each as defined below). These Terms include the Bid4Drivers Privacy Policy, which is incorporated into these Terms by reference.

These Terms constitute a binding agreement between You and Bid4Drivers, LLC (“Bid4Drivers”), and are deemed accepted by You each time that You use or access any Bid4Drivers Site or Bid4Drivers Services. If You do not accept the Terms stated here, do not use the Bid4Drivers Sites and the Bid4Drivers Services.

The Bid4Drivers Sites are defined as any Web sites under Bid4Drivers’ control, whether partial or otherwise including, without limitation, Bid4Drivers.com. The Bid4Drivers Services are defined as the applications and services offered by Bid4Drivers, including an on-line service to post and search employment opportunities and including any application accessed through our website and any mobile or other interface that allows You to access such application (collectively, “Bid4Drivers Services”). In addition, Bid4Drivers may collect information about You from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.

Bid4Drivers may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.

Users who violate these Terms may have their access and use of the Bid4Drivers Sites suspended or terminated, at Bid4Drivers’ discretion.

You may not use the Bid4Drivers Content or Profiles to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; or (b) a government license or benefit.

Use of Bid4Drivers Content.

Bid4Drivers authorizes You, subject to these Terms, to access and use the Bid4Drivers Sites and the Bid4Drivers Content (as defined below) and to download and print a single copy of the content available on or from the Bid4Drivers Sites solely for Your use. The contents of the Bid4Drivers Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Bid4Drivers content (collectively, "Bid4Drivers Content"), are protected under copyright, trademark and other laws. All Bid4Drivers Content is the property of Bid4Drivers or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Bid4Drivers Sites is the exclusive property of Bid4Drivers and is protected by copyright, trademark, and other laws. Unauthorized use of the Bid4Drivers Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Bid4Drivers Content on any authorized copy You make of the Bid4Drivers Content.

Any code that Bid4Drivers creates to generate or display any Bid4Drivers Content or the pages making up any Bid4Drivers Site is also protected by Bid4Drivers’ copyright and You may not copy or adapt such code.

You agree not to sell or modify the Bid4Drivers Content or reproduce, display, publicly perform, distribute, or otherwise use the Bid4Drivers Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Bid4Drivers Sites. You further agree to in no other way misuse Bid4Drivers Content. The use of the Bid4Drivers Content on any other application, web site or in a networked computer environment for any purpose is prohibited.

Use of the Bid4Drivers Services.

The job posting, resume database (“Bid4Drivers Resume Database”) and other features of the Bid4Drivers Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Bid4Drivers Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Bid4Drivers of any unauthorized use of Your account, Profile, or passwords.

All Bid4Drivers Users agree to not:

(a) transmit, post, distribute, store or destroy material, including without limitation Bid4Drivers Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Bid4Drivers’ privacy policy;

(b) take any action that imposes an unreasonable or disproportionately large load on any Bid4Drivers Site's infrastructure;

(c) use any device to navigate or search any Bid4Drivers Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Bid4Drivers;

(d) use any data mining, robots or similar data gathering or extraction methods;

(e) violate or attempt to violate the security of any Bid4Drivers Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(f) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;

(g) post any resume or Profile or apply for any job on behalf of another party;

(h) defer any contact from an employer to any agent, agency, or other third party;

(i) set more than one copy of the same resume to public at any one time;

(j) share with a third party any login credentials to any Bid4Drivers Site;

(k) access data not intended for You or logging into a server or account which You are not authorized to access;

(l) post or submit to any Bid4Drivers Site any incomplete, false or inaccurate biographical information or information which is not Your own;

(m) post content that contains restricted or password-only access pages, or hidden pages or images;

(n) solicit passwords or personally identifiable information from other Users;

(o) delete or alter any material posted by any other person or entity;

(p) harass, incite harassment or advocate harassment of any group, company, or individual;

(q) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;

(r) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Bid4Drivers Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";

(s) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or

(s) use the Bid4Drivers Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Bid4Drivers’ discretion.

Violations of system or network security may result in civil and/or criminal liability. Bid4Drivers will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Additional Terms Applicable to Motor Carriers and/or Employers.

Employers are solely responsible for their postings on Bid4Drivers Sites. Bid4Drivers is not to be considered to be an employer with respect to Your use of any Bid4Drivers Site and Bid4Drivers shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or participating on any Bid4Drivers Site.

You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Bid4Drivers, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Bid4Drivers’ databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Bid4Drivers’ web servers.

You agree to timely pay all invoices for Bid4Drivers’ placement fees as may be agreed between us in the Placement Fee Agreement. Unless otherwise set forth in the Placement Fee Agreement, all payments will be made within five (5) days from the receipt of Bid4Drivers’ invoice. In the event of non-payment, you agree to be responsible for all collection costs incurred by Bid4Drivers, including reasonable attorney fees, and interest at the rate of twelve percent (12%) per annum.

You agree not to circumvent Bid4Drivers’ site by contacting any driver introduced to you by Bid4Drivers, directly or indirectly, within twelve (12) months after such introduction. In the event that you violate this restriction and hire any driver within twelve (12) months after that driver was first introduced to you by Bid4Drivers, you agree to immediately pay to Bid4Drivers three times the company’s normal placement cost, plus all costs of collection, including attorney fees. Such expense will be owed regardless of whether you contract the driver or whether the driver contacts you.

Bid4Drivers’ role in the employment of any commercial driver is an introduction service only. Although Bid4Drivers does do some preliminary screening of a driver’s experience and driving record, you agree and acknowledge that you are solely responsible for all employment decisions and ensuring that any driver introduced to you by Bid4Drivers meets the minimum qualification standards of the U.S. Department of Transportation and/or applicable state agency.

With respect to bids made by your company, you understand and agree that such bids are non-binding on either Bid4Drivers or the driver, and that there is no guarantee of employment as the drivers are under no obligation to accept a bid or an employment offer made to him or her by any of the participating employers.

The Bid4Drivers Resume Database shall not be used:

(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders; or

(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted).

In order to ensure a safe and effective experience for all of our customers, Bid4Drivers reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in Bid4Drivers’ sole discretion from time to time.

Additional terms applicable to Job Seekers.

When You register with any Bid4Drivers Site, You will be asked to create an account and provide Bid4Drivers with certain information including, without limitation, a valid email address (Your "Information").

Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Bid4Drivers Sites.

Bid4Drivers reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by Bid4Drivers or by third parties. Please see Bid4Drivers' Privacy Policy, for further details regarding Your Information.

You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Bid4Drivers account or Your Bid4Drivers account is terminated, all Your account information from Bid4Drivers, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Bid4Drivers’ databases and will be removed from any public area of the Bid4Drivers Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Bid4Drivers’ web servers. In addition, third parties may retain saved copies of Your Information.

You understand and agree that any bids are non-binding on either Bid4Drivers or the driver, and that there is no guarantee of employment as you are under no obligation to accept a bid or an employment offer made to you by any of the participating employers. Likewise, the participating employers are under no obligation to make you a bid or offer you employment.

Bid4Drivers reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.

Bid4Drivers' Liability.

The Bid4Drivers Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. Bid4Drivers does not screen or censor the listings, including Profiles offered. Bid4Drivers is not involved in, and does not control, the actual transaction between employers and candidates. As a result, Bid4Drivers is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Bid4Drivers makes no representations about any jobs, resumes or User Content on the Bid4Drivers Sites. While Bid4Drivers reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Bid4Drivers Sites from time to time, Bid4Drivers does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.

Because User authentication on the Internet is difficult, Bid4Drivers cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Bid4Drivers Site, in the event that You have a dispute with one or more Users, You release Bid4Drivers (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

The Bid4Drivers Sites and the Bid4Drivers Content may contain inaccuracies or typographical errors. Bid4Drivers makes no representations about the accuracy, reliability, completeness, or timeliness of any Bid4Drivers Site or the Bid4Drivers Content. The use of all Bid4Drivers Sites and the Bid4Drivers Content is at Your own risk. Changes are periodically made to Bid4Drivers Sites and may be made at any time. Bid4Drivers cannot guarantee and does not promise any specific results from use of any Bid4Drivers Site. No advice or information, whether oral or written, obtained by a User from Bid4Drivers or through or from any Bid4Drivers Site shall create any warranty not expressly stated herein.

Disclaimer of Warranty.

TO THE FULLEST EXTENT POSSIBLE BY LAW, BID4DRIVERS DOES NOT WARRANT THAT ANY BID4DRIVERS SITE OR ANY BID4DRIVERS SERVICES WILL OPERATE ERROR-FREE OR THAT ANY BID4DRIVERS SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY BID4DRIVERS SITE OR THE BID4DRIVERS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, BID4DRIVERS IS NOT RESPONSIBLE FOR THOSE COSTS. THE BID4DRIVERS SITES AND BID4DRIVERS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BID4DRIVERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT. BID4DRIVERS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE BID4DRIVERS CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL BID4DRIVERS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY BID4DRIVERS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY BID4DRIVERS SITE AND THE BID4DRIVERS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BID4DRIVERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability.

TO THE FULLEST EXTENT POSSIBLE BY LAW, BID4DRIVERS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY BID4DRIVERS SITE OR YOUR USE OF THE BID4DRIVERS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Links to Other Sites.

The Bid4Drivers Sites may contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Bid4Drivers of the contents on such third-party Web sites. Bid4Drivers is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.

No Resale or Unauthorized Commercial Use.

You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Bid4Drivers Site.

Indemnity.

You agree to defend, indemnify, and hold harmless Bid4Drivers, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Bid4Drivers Site, (ii) Your use of any Bid4Drivers Content, or (iii) Your breach of these Terms. Bid4Drivers shall provide notice to You promptly of any such claim, suit, or proceeding.

These Terms are governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Lansing, Michigan. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Bid4Drivers’ failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Bid4Drivers’ ability to enforce such term at any point in the future.