These "Terms and Conditions" govern your use of the TLC Companies Web site known as ("the Site"). Please read these Terms and Conditions carefully. By using this Site, You are indicating your acceptance to be bound by these Terms and Conditions. You are advised to check this Terms and Conditions page periodically to review changes that could be made at any time, because these changes are binding on you. The TLC Companies may modify these Terms and Conditions at any time in its sole discretion by updating this posting. The term "TLC Companies" means Transport Labor Contract/Leasing, Inc. and all of its subsidiaries and affiliates. The term "You" means client, worksite employee or job applicant.
The contents of this Site, including, without limitation, the "look" and "feel" of the Site, text, images, logos, button icons, software, databases, and other material and content and the compilation of it (meaning the collection, arrangement and assembly) (together "Material") are protected under both United States and foreign copyright, trademark and other laws. All Material is the exclusive property and intellectual property of The TLC Companies or its content suppliers or customers.
- The TLC Companies authorizes You to view, a single copy of the Material on this Site solely for your personal, noncommercial, internal business purposes.
- You may not distribute the Material to third parties or use it to create databases, directories, mailing or marketing lists or for any other purpose.
- Unauthorized use of the Material may violate copyright, trademark and other laws.
- You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material (but you may only make such copies as expressly authorized by these Terms and Conditions).
- To the maximum extent permitted by applicable law, You may not modify, copy, transmit, create derivative works from, reverse engineer, disassemble, or otherwise attempt to discover any source code from any software accessible or available through The TLC Companies, or sell, assign, sub-license or otherwise transfer any right in such software.
- You may not incorporate the Material for any purpose into another database, search engine, any other web site or in a networked computer environment of any except as expressly authorized by The TLC Companies.
- You may not copy or adapt the HTML code that The TLC Companies creates to generate its pages.
- Access to this Site is monitored. The requesting URLs, the machine originating the request and the time of the request may be logged for access statistics and security purposes. Use of this Site constitutes consent to such monitoring.
- Material on this Site may be changed, terminated, or updated without notice.
- The TLC Companies may also make improvements and/or changes in the services described in this Site at any time without notice.
- Any information or material sent to The TLC Companies shall be considered confidential.
Scope of Permitted Site Use
- You may refer to the URL of this Site without limitation, but you may not link to this Site without the prior written approval of The TLC Companies.
- You may not use the Site in order to transmit, distribute, erase, or store material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is harmful, defamatory, libelous, vulgar, obscene, threatening, abusive, harassing or otherwise objectionable in the opinion of The TLC Companies.
- You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (b) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (c) forging any TCP/IP packet header or any part of the header information in any e-mail or posting; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mail bombing", or "crashing"; or (e) sending unsolicited e-mail, "junk mail", "chain letters", including promotional materials and/or advertising of products or services, or any other form of solicitation. Violations of system and network security may result in civil or criminal liability.
Specific Prohibited Uses
The Site may only be used for lawful purposes. The TLC Companies specifically prohibits any use of the Site, and all Users agree not to use the Site, for any of the following:
- Posting any incomplete, false, inaccurate or misleading biographical information or information which is not your own accurate information.
- Deleting or changing another persons' information posted on the Site.
- Posting or transmitting any message, information, data, text, software or images, or other material that may invade another's privacy or publicity rights or is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or otherwise objectionable in the opinion of The TLC Companies.
- Posting a sexually-explicit image or statement.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
- Taking any action that imposes an unreasonable or disproportionately large load on this Site's infrastructure.
- Other than as permitted expressly by these Terms and Conditions, copying or duplicating any of the materials or information available from the Site.
- Other than as permitted expressly by these Terms and Conditions, framing of or linking to any of the materials or information available from the Site.
Feedback and Information
Any feedback that You provide at this Site, including but not limited to, electronic and written correspondence, shall be deemed to be non-confidential and can be used by The TLC Companies without limitation.
By using this Site, You agree to indemnify, hold harmless and defend The TLC Companies from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from Your use of this Site, unless such claims, damages, losses, liabilities, costs and expenses arise from and have directly and solely been caused by the gross negligence or intentionally wrongful acts of The TLC Companies.
- This Site and all information within it are provided on an "as is" basis and The TLC Companies makes and gives no conditions, representations, warranties, or other terms regarding the effectiveness this Site.
- All conditions, warranties, undertakings, representations and other terms of any kind whatsoever, express or implied (whether by statute, common law or otherwise), in respect of the Site are hereby excluded by The TLC Companies to the fullest extent permitted by law and The TLC Companies shall have no obligation, duty or liability whatsoever to You.
- Without prejudice to the generality of the foregoing, to the fullest extent permitted by law The TLC Companies specifically disclaims and excludes all warranties or conditions implied by law or statute concerning satisfactory quality and fitness for purpose and reasonable skill and care.
- The TLC Companies does not assume liability for any errors or omissions in the content on this Site or any third party site, including, but not limited to, typographical errors, inaccuracies, outdated information, or broken links.
- The TLC Companies expressly disclaims liability for errors or omissions in the information found on this Site.
- You acknowledge that in any computer system and any network of computer systems there is certain to be "downtime" due to mechanical, telecommunication, software, hardware and third-party vendor failures during which The TLC Companies will be unable to provide this Site to You. The TLC Companies cannot predict or control when such "downtime" may occur and cannot control the duration of such "downtime".
- The TLC Companies uses this Site to provide the access, computer services and connections that link the The TLC Companies database to the Internet and other network systems. The TLC Companies has authority or control only over the operation of this Site. Nevertheless, You understand and agree that the Internet is inherently unreliable and subject to breaches of security. Therefore, The TLC Companies cannot be responsible for the integrity of any information, file or other posting available on or sent to this Site.
- The TLC Companies has no authority or control over the content, operation or performance of any portion of the Internet including other Web sites to which this Site may be linked or from which this Site may be accessed. A link to a Web site not owned or operated by The TLC Companies does not mean that The TLC Companies endorses or accepts responsibility for the content or use of such Site and such link is being provided to you merely as a convenience. Reference to any product, process, publication, service or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply its endorsement or recommendation by The TLC Companies.
- The views and opinions of worksite employers, leased employees and other users of this Site do not necessarily state or reflect those of The TLC Companies.
Limitation of Liability
IN NO EVENT WILL THE TLC COMPANIES BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THE TLC COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE TLC COMPANIES'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $25.00.
Proprietary Information (Trademarks and Service Marks)
Certain portions of this Site contain information that is considered confidential and proprietary. This information is not available to the general public. Any attempt to access this information will be prosecuted to the fullest extent possible under local, state, national and international law. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of The TLC Companies or any third party, except as expressly granted herein.
- The TLC Companies makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- These Terms and Conditions and use of the Site are governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. Jurisdiction for any claims arising under your use of this Site shall lie exclusively with the state or federal courts within Indianapolis, Indiana.
- If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
- No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
- No changes to these Terms and Conditions shall be made except by a revised posting on this page.
| | |