Terms of Service
TRANSFORCE TERMS OF SERVICE
Last Updated: October 13, 2023
- General Terms
- Additional Terms for Job Candidates
- Additional Terms for Employers, Agencies and Other Intermediaries
- API Access Terms
PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED, WHICH INCLUDE A CLASS ACTION WAIVER AND MANDATORY BINDING ARBITRATION. PLEASE READ THESE PROVISIONS BEFORE USING THE SITE OR ANY OF OUR PRODUCTS OR SERVICES.
The following General Terms ("General Terms") apply to everyone who accesses or uses any part of the Site, or attempts to do so, or otherwise accepts this Agreement.
- General Terms
- Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
By using the Site, you represent and warrant that: (1) all registration information and other information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 16; (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; (8) your use of the Site will not violate any applicable law or regulation; (9) if you have provided personal contact information to us, including but not limited to, a phone number or email address, not only do you represent that such information is true, accurate, current, and complete, but that you will immediately notify us if that information changes (including if your phone number is transferred, assigned or terminated).
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof), and to seek indemnification from you pertaining to any damages that we incur as a result of your actions and conduct.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws to the extent local laws are applicable.
You may be required to register with the Site to use or access certain functionality. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username (if applicable) you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Fees And Payment
We accept various methods of payment as indicated on the Site. You agree to provide current, complete, and accurate purchase and account information for all purchases you elect to make via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you and process credit card payments through a third-party payment processor. Sales, use, or similar taxes will be added to the price of purchases where we determine it is applicable and the total price including applicable taxes will be shown at check-out before you complete your purchase. We may change our prices at any time. All payments shall be in the currency indicated on the payment page.
You agree to pay all applicable charges or fees when due at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring or automatic charges, then you consent to our charging your payment method on a recurring or automatic basis without requiring your prior approval for each recurring or automatic charge, until you notify us of your cancellation. For certain products or services, we may offer a payment plan option that allows you to receive the product or service upfront, in exchange for future payments. Failure to make future payments as agreed may result in reporting of your information to credit bureaus or similar credit reporting entities and appearing on your credit report.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
If you are dissatisfied with any of our products or services, please contact the support team at 1-800-308-6989 and we will provide appropriate assistance.’
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Distribute log in details to unauthorized third parties.
- Sell or otherwise transfer your profile.
- Use the Site to advertise or offer to sell goods or services unless expressly authorized to do so by us in writing.
- Use the Site as part of any effort to compete with us.
- Attempt to impersonate another user or person or use the username of another user.
- Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
- Engage in unauthorized framing of or linking to the Site.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use any information obtained from the Site in order to harass, abuse, intimidate, threaten or harm another person.
- Delete the copyright or other proprietary rights notice from any Content.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that: (a) prevent or restrict the use or copying of any Content; (b) enforce limitations on the use of the Site and/or the Content contained therein; or (c) prevent or restrict access to any portion of the Site.
- Copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”) without our prior express, written consent.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us, any other user, and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
We reserve the right to monitor all activity on the Site and to not pass on or deliver any message or communication that may be malicious, spam, fraudulent, or unwanted, or for any other reason. This includes attachments of any type, scripts, macros, or any other form of code. You agree the determination of what constitutes spam is in TransForce’s sole discretion. TransForce may use data collected through the Site to make such a determination. TransForce reserves the right to interact with users through the Site, including to investigate whether users are violating these restrictions. TransForce reserves the right to turn over any information gathered via such investigations to law enforcement or other third party.
You may not use or misappropriate the Site for your own commercial gain. You may not crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, trade or resell any part of the Site, except as expressly permitted by TransForce beforehand, in writing. You may not use any automated system or software, whether operated by a third party or otherwise, to violate any of TransForce’s rules. You agree to comply with all applicable laws and regulations.
User Generated Content
The Site permits users to post content or data such as job listings, job advertisements, resumes, credentials, information, text, images, audio, video, messages, and other materials. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Site, or otherwise provides to TransForce, is called “User Content.” TransForce is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. TransForce does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that TransForce has no obligation or liability with regard to publishing, monitoring, or removing User Content, and no obligation or liability regarding the accuracy of User Content.
You may not post official identification information, such as a social security number, passport number, national identification number, immigration number, or any other similar number, code, or identifier other than as specified during your Site registration. Posting such identification information on the internet may lead to identity theft for which TransForce cannot be responsible. If you do not want your User Content to be publicly visible through TransForce or to personally identify you, do not provide such User Content. When you submit, create, or make available any User Content, you hereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your User Content in any manner contemplated by the Site and these Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Content in any manner contemplated by the Site and these Terms.
- Your User Content is not false, inaccurate, or misleading.
- Your User Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your User Content is not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your User Content does not harass, ridicule, mock, disparage, intimidate, or abuse anyone.
- Your User Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another person.
- Your User Content does not violate any applicable law, regulation, or rule.
- Your User Content does not violate the privacy or publicity rights of any third party.
- Your User Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your User Content does not violate any national, federal, or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your User Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical or mental disability.
- Your User Content does not link to material that violates any provision of these Terms or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Site.
TransForce may monitor and screen User Content and may use it to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. In some cases, if we determine that your User Content or actions have violated our Terms or any TransForce policy or are detrimental to other users, we may place restrictions on other accounts that we suspect are affiliated or associated with you. If you believe that any User Content violates this Agreement or our policies, please contact us 1-800-308-6989. Please note that detection methods are not perfect and false positives or false negatives may occur. TransForce has no obligation to monitor any particular user or User Content, and TransForce makes no guarantee that any particular User Content will be removed.
TransForce reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners, and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that TransForce may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.
TransForce is an interactive computer service, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the Site or services for any or no reason. TransForce has no obligation to include any User Content in any part of the Site. TransForce, in its sole discretion, may determine whether any User Content violates any TransForce policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on TransForce. You agree that TransForce has no liability or obligation to you or anyone else arising from actions taken in connection with these Terms.
Section 230 of the U.S. Communications Decency Act provides:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
User Content License
By submitting or posting your User Content to any part of the Site or making User Content accessible to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, to use, to display, and to prepare derivative works of such User Content for the purposes of delivering our services to you, refining, marketing, and promoting our services and the Site, and developing new services, and you grant and authorize sublicenses of the foregoing. You waive all moral rights in your User Content, and you warrant that moral rights have not otherwise been asserted in your User Content.
We do not assert any ownership right over your User Content. You retain full ownership of all of your User Content and any intellectual property rights, or other proprietary rights associated with your User Content. We are not liable for any statements or representations in your User Content provided by you in any area on the Site. You are solely responsible for your User Content, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Content; (2) to re-categorize any User Content to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any User Content at any time and for any reason, without notice. We may also use User Content to generate inferences and analytics. We have no obligation to monitor your User Content.
If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the Notification must include substantially the following:
- Your physical or electronic signature;
- identification of the copyrighted work you believe to have been infringed;
- identification of the material on the Site that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
- your contact information including your name, mailing address, telephone number and, if available, email address;
- a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- a statement that the information in the notice is accurate; and
- a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
If you do not comply with these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Site infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. U.S. Government Rights.
You acknowledge and agree that any questions, comments, suggestions, ideas, or feedback regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Websites and Content
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Content; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Term And Termination
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Class Action Waiver. You and we each waive any right to trial by jury or to participate in a class action. You and we agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding or action. Arbitration will take place on an individual only basis; Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted under any circumstances.
Governing Law. All claims, disputes, or other legal proceedings by or between you or us, including but not limited to, any claims or disputes that are in any way related to or arising under these Terms, your access to or use of the Site, or your receipt of communications (including text messages, emails and/or phone calls) from us, shall be governed by the laws of the United States of America and the State of Delaware without giving effect to any conflict of laws principles that may otherwise provide for the application of the law of another jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded by these Terms. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the “Agreement to Binding Arbitration” provision below. For any claim, dispute, or other legal proceeding not subject to the “Agreement to Binding Arbitration” provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Miami-Dade County, Florida or the federal courts in the District of Delaware, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes (to the extent that any such claim or dispute may be excluded from the mandatory arbitration provision herein).
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. You may provide notice to us using the information provided in the CONTACT US section below. To the fullest extent permitted by law, the commencement of a lawsuit (to the extent that a claim or dispute may be excluded from the mandatory arbitration provision herein) or arbitration shall not be permitted without first complying with this Informal Negotiations paragraph.
Agreement to Binding Arbitration. Subject to the Exceptions to Arbitration set forth below, you and we each agree that any and all disputes arising under or in any way related to these Terms, your use of the Site, or your receipt of communications (including text messages, emails and/or phone calls) from us (including but not limited to, our affiliates, third party vendors or marketing partners, related companies, or third parties acting on our behalf) must be resolved through binding arbitration as described in this section.
Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases; (b) legal proceedings that involve efforts to obtain user identifying information; (c) any legal proceedings brought by the Company against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; (d) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (e) where the application of this provision is prohibited by applicable law.
Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this section, and will be administered by the AAA. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or us shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules at the time the arbitration is commenced, the arbitration shall be held in Dover, Delaware. For any claim where the total amount of the award sought is $10,000 or less, you and we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or we may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Limitation to Assert a Claim. In no event shall any Dispute against us be commenced more than one (1) year after the event, act or omission giving rise to the claim occurred.
There may be information on the Site that inadvertently contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WHICH MEANS THAT WE GIVE NO GUARANTEES AS TO THE OPERATION OF THE SITE. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE SERVERS; (4) ANY INTERRUPTION OR CESSATION OF ANY TRANSMISSION TO OR FROM THE SITE; OR (5) ANY VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO THE OCCURRENCE GIVING RISE TO ANY CLAIM. CERTAIN STATE OR NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of: (1) your User Content or Submissions; (2) your use of the Site; (3) your breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any harmful act by you toward any other user of the Site with whom you connected via the Site; or (7) you providing personal contact information to us, including but not limited to, a phone number or email address, that is not true, accurate, current, and complete. Notwithstanding the foregoing unless prohibited by applicable law, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Electronic Communications, Transactions, And Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
SMS and Text Messages and Communications
By agreeing to and using the SMS Messaging, you (i) represent and warrant that you are at least 18 years of age and (ii) agree that you are the authorized account holder of the carrier which issued your mobile telephone number.
In offering the SMS Messaging, we agree to: (i) comply with this section; and (ii) process unsubscribe or opt-out requests received from you in a timely manner.
If you provide express written consent to receive SMS Messaging services from us, we will send you such messages via an automatic telephone dialing system. Your consent may be provided by: (i) manually entering your phone number, (ii) clicking a checkbox, or (iii) otherwise indicating that you agree to receive such messages.
Consent to receive text messages for these purposes is not a condition of any service or employment opportunity. If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions outlined in the message.
DELIVERY OF MESSAGES
Delivery of text messages is subject to effective transmission from your wireless service provider/network operator and may vary depending on Your network and cell phone carrier. We are not liable for any delays in the delivery and/or receipt of text messages.
When you opt-in to the SMS Messaging service, we will send you an SMS message with an activation code to verify your telephone number.
You will receive one (1) message with the activation code.
You can cancel the SMS service at any time, just reply "STOP" to the message. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you need assistance, just reply "HELP" to the message. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
You must not and must not attempt to or permit another person to:
- Use SMS Messaging or the information or content disclosed to You via SMS Messaging:
- in any way which is unlawful, offensive or results, or could result, in damage to property or injury to any person, including by harassing or threatening people;
- in a way which infringes our or any other person's rights (including intellectual property rights and moral rights); or
- knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via SMS Messaging.
ACCEPTANCE NOT MANDATORY FOR EMPLOYMENT, PURCHASE OR RECEIPT OF SERVICES
Use of SMS Messaging is not required as a condition of any employment, purchase or receipt of services from us.
We do not charge you fees to receive text messages; however, standard message and data rates may apply to all user mobile usage from your telecommunications provider. You agree to be fully responsible for all such charges, fees and amounts.
SUPPORTED CELL PHONE CARRIERS
This SMS Messaging service is available if you use one of the supported cell phone carriers.
SAFETY OF MESSAGES
You understand that text messages we send may be seen by anyone with access to your phone. Accordingly, you should take steps to safeguard your phone and Your text messages if you want your messages to be secure.
TransForce, and our related entities and contractors, do not guarantee that SMS Messaging or the application version will operate on your mobile handset or operate without causing damage to or disturbing the usual operation of your mobile handset.
Unless otherwise indicated, we own, or use under license, copyright in the content made available via SMS Messaging and design of SMS Messaging. Except as set out in these terms, or as permitted by law, you must not reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of SMS Messaging or the content made available via SMS Messaging, including for commercial purposes or for commercial gain.
We may suspend or terminate your right to use SMS Messaging at any time without notice and for any or no reason and without liability.
Data obtained from you in connection with the SMS Messaging service includes your cell phone number, content of the text message (including date, time and location) and any other information that is provided as a result of engaging in SMS Messaging service.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple,” and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to TransForce in accordance with these Terms. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, TransForce’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
TransForce may offer beta products or features on our Site, identified by the word “Beta” or “Test” (“Beta Products”). Beta Products may be offered in limited quantities, in limited locations, and for a limited time. TransForce may discontinue or cancel all or part of a Beta Product at any time without prior notice to you. ANY BETA PRODUCT IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF TESTING A BETA PRODUCT IS TO OBTAIN FEEDBACK ON PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT. If you have been invited to test a Beta Product, you agree that, unless otherwise specifically provided herein or agreed by TransForce in writing, any Beta Product constitutes confidential proprietary information of TransForce. You shall permit only authorized users to access the Beta Product. You agree not to transfer, copy, or disclose such confidential information without the prior written consent of TransForce.
TransForce may make available content created in whole or in part by an algorithm (including “artificial intelligence” and machine learning algorithms), which may be generated in response to information you provide through the Site (“Algorithmic Content”). Algorithmic Content is a Beta Product under this Agreement. You agree that TransForce is not the author of Algorithmic Content, which may be provided by a third party. ALGORITHMIC CONTENT IS PROVIDED "AS IS" AND TRANSFORCE MAKES NO WARRANTY THAT ALGORITHMIC CONTENT IS APPROPRIATE, ACCURATE, INOFFENSIVE, UNBIASED, NON-INFRINGING, LEGAL, OR SAFE, AND DISCLAIMS ALL LIABILITY FOR ALGORITHMIC CONTENT.
Use of or reliance on Algorithmic Content is entirely at your own risk. By generating, using, or relying on Algorithmic Content (for example, by providing content to the Site for the purpose of generating Algorithmic Content, or by adding Algorithmic Content to a job description or resume), you adopt, confirm, and ratify it. You agree to take full responsibility for the Algorithmic Content and its use or misuse, including any inaccuracies, non-compliance with these Terms, and any harm caused to you or anyone else. You agree to defend and indemnify TransForce from any claim arising from your generation, use, or reliance on Algorithmic Content.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. Except where prohibited by applicable law, you agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. We reserve the right to modify these Terms, including any subsections of provisions contained herein, at any time and from time to time. We will post updated Terms on our Site when we make such modifications. If you do not agree to any modifications in Terms, please discontinue your use of the Site. Your continued access to and use of the Site constitutes your agreement with any provisions modified by us.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at 1-800-308-6989.
B. Additional Terms for Job Candidates
References to “you” or “your” in this Section B of the Terms (Additional Terms for Job Candidates) means you in your individual capacity as a Job Candidate seeking opportunities from employers and agencies. As a Job Candidate, you are permitted to use the Site and its content solely for non-commercial purposes. This Section is subject to and shall be governed by the General Terms.
- Job Listings
TransForce may make available job opportunities advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings”), through TransForce’s search results or otherwise through the Site. Searching for Job Listings on TransForce is free for Job Candidates. TransForce displays Job Listings based on a combination of compensation paid by employers and agencies to TransForce and relevance, such as search terms, and other information provided, and activities conducted on TransForce. All Job Listings are considered advertising.
Third Party Job Listings are created and provided by such third parties over whom TransForce exercises no control and you acknowledge and understand that TransForce has no control over the content of such Job Listings, links to or from Job Listings, or any conditions third parties might impose once a Job Candidate has submitted an application or left the Site. If you leave the TransForce Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for sponsored, featured, or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. TransForce has no obligation to screen any Job Listings, or to include any Job Listings, in its search results or other listings, and may exclude or remove any Job Listings from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that TransForce has no obligation to present you with any or all Job Listings. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or agency or other user, including the identity of such employer, agency, or other user. TransForce assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listings, or other information submitted by any employer, agency or other user.
When you initiate a job application or otherwise express interest in a Job Listing, TransForce may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces ("API"), cookies and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. You agree to TransForce’s use of, and receipt of information from, any such tracker functionality.
TransForce may provide independent functionality to assist you. For example, TransForce may provide search options to help you narrow down Job Listings search results by job type categories (i.e., full-time, part-time, etc.), and such categories are created independently and entirely by TransForce, and may not directly or accurately reflect the content of the Job Listings. TransForce may reformat Job Listings so that you may read them more clearly on a device. TransForce may also promote Job Listings by select employers and agencies on certain pages or websites dedicated to a specific topic, such as veteran-friendly Job Listings. The placement of a Job Listing on a dedicated page or website is not a representation regarding the nature of the role for legal purposes or a representation regarding the attributes of an employer or agency. TransForce does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Job Listings, and no inferences can be drawn with respect to Job Listings or employers or agencies that are not displayed on dedicated pages. TransForce may also provide functionality to call a telephone number contained in a Job Listing using the phone app on a mobile device. TransForce cannot guarantee that the extracted phone number is the correct phone number for the employer or agency or for the Job Listing you are viewing.
TransForce does not and cannot take any liability for an employer’s or agency's applicant tracking, screening, interviewing, hiring, contractor, or employment practices.
- Job Candidate Profile
By creating a Job Candidate profile or uploading your resume on the Site (collectively, a "Job Candidate Profile"), you are requesting and authorizing TransForce to process and analyze your Job Candidate Profile to provide relevant Job Listings and to make available your Job Candidate Profile to employers and agencies in response to Job Listings you apply to. You are responsible for keeping your Job Candidate Profile accurate and up to date. TransForce assumes no responsibility and disclaims all liability for your Job Candidate Profile or other application information you post, send or receive through the Site.
TransForce may provide you with feedback on your Job Candidate Profile including why you may or may not qualify for a particular Job Listing, recommendations to improve your Job Candidate Profile overall, or with regard to specific Job Listings, and recommendations for specific Job Listings based on the qualifications stated in your Job Candidate Profile. This information is informational only and is provided for your convenience. TransForce takes no responsibility with regard to this information and does not and cannot guaranty that any changes made to your Job Candidate Profile, or your application to recommended Job Listings, will result in hiring. TransForce may automatically send you recommended jobs via the email address or telephone number you use to apply to a job or the email that is associated with your TransForce account.
TransForce may mask or hide your contact information until such time as you authorize the release. For example, we may mask or hide your email address and/or phone number, from your Job Candidate Profile or Job Listing application, and may substitute it with an alias. TransForce makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in TransForce’s sole discretion. TransForce may also mask some or all of the employer's or agency's contact information, or an employer or agency may choose to mask their contact information when they contact you. In either case, you agree to an employer or agency contacting you from a masked phone number or email, and that you may not be able to return their call unless they provide their real number to you.
- Salary and Other Information Provided by TransForce
TransForce may provide salary and other information and content to users for informational purposes only. For example, TransForce may provide you with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by TransForce is based on estimates given for informational purposes only and without warranty and is subject to change or varying levels of accuracy. Please note that all salary figures displayed on TransForce are approximations based upon multiple third-party submissions to TransForce, including from TransForce affiliates. These figures are given to TransForce users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction, and you should consult the employer for actual salary figures.
TransForce, in its sole discretion, may add labels or badges to Employer names or Job Listings, such as, “Responsive Employer” or “Active Employer” or “Hired on TransForce.” Employers may also request that TransForce add such labels. TransForce shall determine the method by which such labels or badges are determined, or which Employers qualify. The lack of a label or badge may indicate that TransForce does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and TransForce does not guarantee the accuracy of such data. TransForce may add labels or badges to Job Listings – such as pay types, specialties, benefits, or union associations – based on data contained within the job description for informational purposes only. TransForce does not guarantee the accuracy of any label or badge that is added to Employer names or Job Listings, including data on Job Listings.
TransForce may also display publicly available information about employers on Employer Pages. Information on Employer Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. TransForce assumes no responsibility, and disclaims all liability for the content, accuracy including the translation of any user generated content which is translated using Google Translate API, completeness, legality, reliability, or availability of any Employer Page. Please contact the Employer for the most accurate and up-to-date company information.
C. Terms of Service for Employers, Agencies and Other Intermediaries
References to “you” or “your” in this Section C of the Terms (Additional Terms for Employers, Agencies and Other Intermediaries) means you, the individual or organization accessing this Site in your capacity as or on behalf of an employer including, without limitation, all employers, agencies, and other intermediaries seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties. This Section is subject to and shall be governed by the General Terms.
- Employer Accounts
Your account is for business use and not for personal use. TransForce is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a TransForce account, you agree to receive mandatory email updates regarding account activity to your TransForce account. If you attempt to send an email from a name or email address that is not true, accurate, current, or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. You may request that TransForce disable an account at any time by contacting us at 1-800-308-6989. Please note that TransForce may be required to preserve business records pertaining to that account to comply with its obligations under law.
When you access or use the Site in your capacity as an employee or other representative of an employer, or if you create a TransForce account on behalf of an employer, you represent and warrant that you have the authority to bind the employer to this Agreement. When you create an account on behalf of an employer, the account belongs to the employer, and you acknowledge that any and all information that you provide TransForce through the account, such as the actions you take and when you take them, will be visible to the employer.
If your TransForce employer account has a credit card on file to pay for a TransForce product or service, TransForce may charge that card for any additional products or services you order.
You are responsible for your use of the Site and any tools offered therein, including your decisions regarding job descriptions, the requirements for your job, compliance with applicable laws, including relevant federal, state, and local laws related to Job Listings, and whom you interview or hire. TransForce assumes no responsibility and disclaims all liability for any actions you take based on any information provided by TransForce. TransForce may limit your ability to post a Job Listing, or the visibility of your Job Listing, if it does not appear to indicate a salary above minimum wage, comply with wage transparency laws, or does not comply with other applicable law; however, TransForce is not responsible for, and you are solely responsible for, compliance with minimum wage and other legal requirements.
- Site Functionality and Your Additional Responsibilities
Once you have established an account, we may post Job Listings on your behalf or you may post Job Listings on the Site, subject to the Terms.
You are responsible for the contents of your communications with Job Candidates including, without limitation and as applicable, the contents of your emails, application form, screener questions or their format, criteria you set for inviting candidates to interview, Employer Pages that you create, update, or manage, all Job Listings that you post, and any messages that you send through the Site or otherwise, and agree that TransForce is not responsible for such content and disclaims all liability for such content, including as to whether such content is compliant with applicable laws. You agree that you are solely responsible for compliance with applicable law for all content on the Site provided by you or by you on behalf of a third party, including minimum wage requirements, wage transparency laws, or any other law. If you close or change any Job Listings that you post, you agree to promptly update such Job Listings on TransForce or otherwise notify TransForce. TransForce may provide you with a mechanism for responding to requests for accommodations from Job Candidates. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Candidates.
You agree that TransForce may reject or remove any Job Listing or any questions for Job Candidates for any or no reason. You understand and agree that it is your responsibility to refrain from posting any Job Listing or question that directly or indirectly discriminates against Job Candidates or otherwise violates applicable law. TransForce further does not guarantee delivery, your receipt of the Job Candidate’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your account information to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.
In the event a message being sent is intended for a closed account, these messages will not be deliverable. When using the TransForce application relay functionality, TransForce will attempt to send applications to the contact information provided to TransForce by you, however, TransForce has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Candidates, and you indemnify TransForce for any damages resulting therefrom.
TransForce may send emails to Job Candidates on your behalf indicating that your Job Listing is potentially a match for the Job Candidate’s resume. When you use screener questions, you may be given the option to instruct TransForce to send out rejection notices if the Job Candidate has not answered the questions in the manner set forth in the online instruction. If you choose such option, such candidates will receive rejection notices and will be set to rejected in your account information. TransForce does not guaranty the truth, completeness, or accuracy of any screening responses by Job Candidates and has no discretion or control over the transmission or storage of these or all other notifications sent on your behalf through the Site.
You may automate interview scheduling on your behalf with Job Candidates who meet criteria you have selected. If you choose such option, Job Candidates will be scheduled for interviews and invited to interviews on your behalf via email, in-app push notification, and/or text based on whether information the Job Candidates has provided to TransForce (e.g., answers to screener questions, resume, Assessment responses) matches criteria you have set. TransForce may, on your behalf, send out reminder emails to Job Candidates you wish to interview, but does not guaranty transmission or storage. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. TransForce may request that Job Candidates confirm their interest in the position before scheduling an interview. It is ultimately your responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by you, who can choose to interview any Job Candidates at any time, and by scheduling such interviews, TransForce does not warrant that a Job Candidates is qualified, meets the hiring criteria you have set, or that the information provided by the Job Candidates to TransForce is true, complete, and accurate. Similarly, you have sole responsibility for the content of any screener question, any decision to proceed or not proceed with interview or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of the Site. By using the Site and Job Candidates management tools, you acknowledge and agree that TransForce is not procuring employees for employers or procuring opportunities to work for Job Candidates, and that TransForce does not act as your employment agency by offering the Site or these tools.
TransForce may take action to try to identify and reduce spam applications, including by imposing a cover letter requirement for Job Candidates. TransForce does not verify the identity of any Job Candidates who apply to your Job Listings, nor does TransForce know a Job Candidate’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Candidate’s qualifications or interest in your Job Listing. You agree that TransForce Apply and TransForce’s relay functions are presented to you without warranty and TransForce assumes no responsibility for the communications between you and the Job Candidate, which communications are your and the Job Candidate’s sole responsibility.
You shall indemnify, defend and hold harmless TransForce, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Employer Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you or on your behalf. TransForce may make Job Listing analytics data available and may provide analytics data regarding your account to anyone at your company at TransForce’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any TransForce product, TransForce reserves the right to suspend or terminate your use of that TransForce product as well as any other TransForce product, including but not limited to those TransForce products where you do not have an unpaid invoice or account balance. TransForce may elect to apply (i) penalties for late payment as per the maximum interest permitted by law and (ii) any reasonable expenses and attorney fees TransForce incurs collecting such late payments.
When you view, send, take action on, make a decision regarding, store, or receive materials (including Job Listings, resumes, applications, pre-recorded interviews, and messages) through or using the Site or any Applicant Tracking System (“ATS”), TransForce may, for any purpose, use any data of such materials or action for data analysis, quality control, or to refine the Site or any other TransForce product or service (including to provide better search results and other Job Listings for Job Candidates and employers), whether via automated means or otherwise. TransForce may also inform the Job Candidate of your actions or activity related to such materials through or using the Site or any ATS and you hereby consent to TransForce informing the Job Candidate about such actions and activities.
TransForce, in its sole discretion, may add labels or badges to Employer names or Job Listings, such as, “Responsive Employer” or “Active Employer” or “Hired on TransForce.” You may also request that TransForce add such labels. TransForce shall determine the method by which such labels or badges are added or which employers qualify. The lack of a label or badge may indicate that TransForce does not have sufficient data to determine if an employer qualifies. Some of the data may be self-reported and TransForce does not guarantee the accuracy of such data. TransForce does not guarantee the accuracy of any label or badge that is added to employer names or Job Listings based on employer provided data, including data on Job Listings. TransForce reserves the right to change or remove such label or badge features at any time and in TransForce’s sole discretion.
TransForce may require that users verify their email address to help reduce SPAM, including Job Candidates applying to your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses.
You further acknowledge that compliance with any governmental record-keeping requirements, such as the Office of Federal Contract Compliance Programs’ (OFCCP) internet applicant record-keeping rule, is your sole responsibility.
- Job Match
Job matches are recommendations which may be presented to both you as an employer and to Job Candidates in various formats on the Site. For example, TransForce may recommend Job Candidate Profiles which match Job Listings you have posted or recommend Job Listings to Job Candidates which are similar to jobs to which they have recently applied.
To generate matches, TransForce uses data collected through our Site from both employers and Job Candidates. This includes Job Listings, Job Candidate Profiles, application materials (including responses to screener questions), TransForce Assessments, and user activity on TransForce (such as searches run and Job Listings clicked on and applied to). You agree and consent that TransForce may use this information to present potential matches to you and to potential Job Candidates.
- Salary and Other Information
TransForce may provide salary information, number of applicants, and related content to Job Candidates for informational purposes only. TransForce may add labels or badges to Job Listings – such as pay types, specialties, benefits, or union associations – based on data contained within the job description. These are for informational purposes only and TransForce does not guarantee the accuracy of any label or badge. TransForce may also include salary estimations on pages other than Job Listings on the Site.
Please note that all salary figures are approximations based upon multiple third-party submissions to TransForce, including from TransForce affiliates. These figures are given to TransForce users for the purpose of generalized comparison only. TransForce may also provide data regarding impressions in relation to your Job Listing. Such figures are provided for informational purposes only, are subject to change at any time, and TransForce does not guarantee their accuracy. TransForce reserves the right to change the method of measuring such figures at any time.
TransForce may offer job listing templates for informational purposes only. By using any of this content, you adopt it as your own and are responsible for making it true, appropriate, and compliant with all applicable laws. All content provided by TransForce, including template job post information and estimated applications for a given job posting, is for informational purposes only, may comprise or be based on information provided by third parties, is provided without warranty, and is subject to change and varying levels of accuracy. Estimated applications are not a guarantee of future performance.
- Screening Tools
TransForce may make available to you screening tools for your use for candidates who apply to your job, including screener questions, phone screen tools and assessments. TransForce is licensing these tools to you for your use as you determine. By using any screening product, made available to you by TransForce, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by TransForce. You agree you are solely responsible for the use of such screening tools in compliance with the law, such as: the Fair Credit Reporting Act and similar state statutes; applicable employment, equality or anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other similar federal, state, and local laws; and any applicable data protection or privacy laws. You agree that an Assessment is only designed to evaluate a particular knowledge, skill, or ability. It does not evaluate a Job Candidate’s qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Candidate is qualified or appropriate for a job, is decided solely by you. You agree to use an Assessment in combination with other selection and hiring processes to measure only those knowledge, skills, or abilities and/or other characteristics that are 1) job-related and 2) required for a candidate’s first day on the job. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Candidates. TransForce shall direct Job Candidates who reach out to TransForce with an accommodation request to you via the contact information you provided to TransForce, and you are responsible for monitoring your inbox for such requests. TransForce does not warrant compliance with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify TransForce for any and all claims arising out of your use of a screening tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar law, or that your use of any screening tool results in a “disparate impact.”
- Communication through the Site
You may receive messages, emails or email notifications from us corresponding with your or a Job Candidate’s activity on or use of the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Candidate, it is your responsibility to follow up with the Job Candidate separately to ensure they know about the interview, do not rely on notifications through TransForce. TransForce disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
TransForce may mask or hide contact information, such as phone numbers and email addresses, and substitute it with an alias. For example, TransForce may mask Job Candidate contact information from resumes or applications. TransForce may also mask your email address or phone number, and Job Candidate may see an alias email address or phone number when they communicate with you. You agree to a Job Candidate contacting you from a masked phone number or email. If you contact a Job Candidate from a masked phone number and you do not leave your contact information, after the masked number expires, the Job Candidate may not be able to contact you by phone unless you have provided your actual contact information to them. Once a Job Candidate has your contact info, you agree that TransForce is not responsible or liable for the manner in which they may use the info.
TransForce may group messages together as part of a conversation. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with a Job Candidate through TransForce, the employer sender’s information may be displayed in different ways, for example, it be may be displayed as the employer’s company name or the name of the specific person sending the message, but you or the Job Candidate may not see all that info in all circumstances. If you send an email to multiple recipients (e.g., by adding additional aliased email addresses to the cc field in a third-party email client), this may affect the way messages on TransForce are displayed. In this case, it is best to view the email conversation in the third-party email client. Should you choose to send an email from a third-party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias.
If you, or anyone on your behalf, send or receive communication on or through the Site (including by sending or receiving communication to/from an email address aliased by TransForce and/or by using a different email address from the one associated with your account), you agree to the communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other TransForce policies, content moderation, and to improve the Site or any other TransForce product or service.
You shall indemnify, defend and hold harmless TransForce, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any provision of these Terms; (b) your use of, and access to, the Site or any TransForce product, program, or service; (c) your loss of, or disclosure of, information gained from using the Site or any TransForce product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Candidate; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of TransForce products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive these Terms and your use of the Site or any TransForce product, program, or service.
D. API Access Terms
By accessing or using our APIs, you are agreeing to the provisions below. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict. Collectively, we refer to the provisions below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "API Terms." You agree to comply with the API Terms, and the General Terms, which control your relationship with us. We retain all right, title, and interest in and to our APIs. The APIs were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
- Account and Registration
You may not use the APIs and may not accept the API Terms if you are not of legal age to form a binding contract with us, or you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs. If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the API Terms and by accepting the API Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity). In order to access certain APIs, you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to us must always be accurate and up to date and you are required to inform us promptly of any updates.
- Using Our APIs
You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and these API Terms. You will comply with all applicable law, regulation, and third-party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third-party rights. You will not violate any other Terms. You will only access (or attempt to access) an API by the means described in the documentation of that API. If TransForce assigns you developer credentials, you must use them with the applicable APIs. You will not misrepresent or mask either your identity or any third party's identity when using the APIs or developer accounts.
We may set and enforce limits on your use of the APIs (e.g., limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain our express consent (and we may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact us.
Some of the software required by or included in our APIs may be offered under an open-source license. Open-source software licenses constitute separate written agreements. For certain APIs, open-source software is listed in the documentation. To the limited extent the open-source software license expressly supersedes the API Terms, the open-source license instead sets forth your agreement with us for the applicable open source software.
We may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.
If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you. To the extent required by data protection laws applicable to the parties' processing of personal data under these API Terms, each of us will comply with our respective, then-current privacy policies and applicable laws.
- Monitoring and Security
YOU AGREE THAT WE MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE OUR PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THESE API TERMS. This monitoring may include TransForce accessing and using your API client, for example to identify security issues that could affect TransForce or its users. You will not interfere with this monitoring. TransForce may use any technical means to overcome such interference. We may suspend access to the APIs by you or your API client without notice if we reasonably believe that you are in violation of these API Terms or the General Terms.
You will use commercially reasonable efforts to protect user information collected or sent by your API client, including personal data, from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.
- Prohibitions and Confidentiality
When using the APIs, you may not (or allow those acting on your behalf to):
- Sublicense an API for use by a third party. Consequently, you will not create an API client that functions substantially the same as the APIs and offer it for use by third parties.
- Perform an action with the intent of introducing to TransForce or the Site any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
- Defame, abuse, harass, stalk, or threaten others.
- Interfere with or disrupt the APIs or the servers or networks providing the APIs.
- Promote or facilitate unlawful activity or disruptive commercial messages or advertisements.
- Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
- Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or other harm.
- Use the APIs to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
- Remove, obscure, or alter any TransForce terms of service or any links to or notices of those terms.
- Transmit health, financial, biometric, or other sensitive or regulated data.
API access credentials (such as passwords, keys, and client IDs) are intended to be used by you and only you. You will keep your credentials confidential. Your credentials may not be embedded in open-source projects. Our communications to you and our APIs may contain TransForce confidential information. TransForce confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without our prior written consent. TransForce confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose TransForce confidential information when compelled to do so by law if you provide us reasonable prior notice unless a court orders that we not receive notice.
Our APIs contain third party content (such as text and images). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
When a user's non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs:
- Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
- Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
- Misrepresent the source or ownership; or
- Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
You agree to display any attribution(s) required by TransForce as described in the documentation for the API. TransForce hereby grants to you a nontransferable, non-sublicensable, nonexclusive license while the API Terms are in effect to display TransForce's Brand Features for the purpose of promoting or advertising that you use the APIs. You must only use the TransForce Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using TransForce's Brand Features, you must follow the TransForce Brand Features Use Guidelines. You understand and agree that TransForce has the sole discretion to determine whether your attribution(s) and use of TransForce's Brand Features are in accordance with the above requirements and guidelines. "Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, these API Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of TransForce's Brand Features (including any goodwill associated therewith) will inure to the benefit of TransForce.
You may stop using our APIs at any time with or without notice. Further, if you want to terminate the API Terms, you must provide TransForce with prior written notice and upon termination and cease your use of the applicable APIs. TransForce reserves the right to terminate these API Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without notice, liability, or other obligation to you.
Upon any termination of these API Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the TransForce Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5 of these API Terms. TransForce may independently communicate with any account owner whose account(s) are associated with your API client and credentials to provide notice of the termination of your right to use an API.
Those terms that by their nature are intended to continue indefinitely will continue to apply after termination of these API terms, including but not limited to: Sections 4, 5, 8, and 9.
- No Warranties, Disclaimers, Indemnification
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TRANSFORCE NOR ITS LICENSORS MAKE ANY SPECIFIC REPRESENTATIONS OR WARRANTIES ABOUT THE APIS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS "AS IS".
IN NO EVENT WILL TRANSFORCE OR ITS LICENSORS BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE TOTAL LIABILITY OF TRANSFORCE AND LICENSORS FOR ANY CLAIM UNDER THESE API TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
Unless prohibited by applicable law, you will defend and indemnify TransForce, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
- your misuse or your end user’s misuse of the APIs;
- your violation of the API Terms; or
- any content or data routed into or used with the APIs by you, or those acting on your behalf.
YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE ANY API AT YOUR OWN DISCRETION AND RISK AND THAT TRANSFORCE DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF ANY TRANSFORCE API. It is your responsibility to regularly review the Site for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about TransForce’s products and services. By using an API, rather than directly using the Site, you agree to all information provided on the Site. Use of an API, rather than direct use of the Site, shall not excuse any lack of information or understanding about TransForce’s products and services where that information is otherwise provided on the Site.