YouCruit terms of use

THE FOLLOWING TERMS OF USE ARE A BINDING LEGAL CONTRACT WHICH APPLY TO ALL USERS, WHETHER YOU ARE A DRIVER, CARRIER, CUSTOMER OR VISITOR. PLEASE REVIEW THE TERMS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF, AND OR ACCESS TO, OUR SERVICES.

YouCruit LLC (“YouCruit”), its subsidiaries, and through its Affiliates, provides a niche labor marketplace for the trucking industry through Lanefinder, its web-based site, and through the Lanefinder App (together collectively referred to as “Lanefinder”). Lanefinder seamlessly facilitates meaningful job searches and effortless hiring experiences by providing a trucking only job platform connecting US carriers with drivers seeking jobs and assists in the full hiring life-cycle.

These Terms of Use specified herein govern www.youcruit.com, www.lanefinder.com, and any other website with a YouCruit or Lanefinder domain (collectively, the "Websites"), the services provided through the Website ("Website Services"), as well as, all of Our applications ("Apps"), and all other suite of features, products, and services offered through YouCruit or in connection with the Websites and/or Apps (collectively, "Services"). These Terms of Use apply to all persons and entities who visit, use, or access any of the Websites, Apps, and/or Services (“Users”). By accessing or using the Websites, Apps, and/or Services, you signify that you have read, understood, and agree to be bound by all applicable Terms of Use, whether or not you are a registered user, partner, or customer of the YouCruit, Lanefinder, and/or Services. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to enter into these Terms of Use on behalf of such employer or other entity and are able to bind such employer or other entity to the terms and conditions set forth herein. These Terms of Use incorporate, and are applicable to, the Privacy Policy, any Specific Terms of Service, Our Privacy Policy, and any additionally applicable YouCruit or Affiliate terms, whether or not stated or directly referenced therein. All Paid Services (defined below), whether or not stated or directly referenced in the applicable Specific Terms of Service for the Paid Services, are governed by these Terms of Use and include, but are not limited to the Privacy Policy, Privacy Policy, and any applicable YouCruit or Affiliate terms.

By accessing the Websites, Apps, and/or Services you are agreeing to be bound by these Terms of Use and agree that you are responsible for your compliance with any applicable laws and regulations, including, but not limited to, any data privacy or anti-spam laws. If you do not agree with any of these terms or policies, you are prohibited from using or accessing the Websites, Apps, and/or Services. The materials and content, including but not limited to the brand names, logos, and other distinguishing commercial features, contained in the Websites, Apps, and/or Services are protected by applicable copyright and trademark law.

YOU MAY NOT ACCESS THE SERVICES IF (I) YOU ARE A THIRD PARTY RECRUITER THAT IS NOT DIRECTLY CONTRACTED BY A CARRIER USING OUR SERVICES, OR (II) YOU ARE AFFILIATED WITH A DIRECT COMPETITOR OF YOUCRUIT OR LANEFINDER OR DEVELOPING A COMPETITOR APPLICATION EXCEPT WITH OUR PRIOR WRITTEN CONSENT. IN ADDITION, YOU OR ANY PERMITTED THIRD PARTY RECRUITER MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING, COMPETITIVE PURPOSES OR ANY OTHER PURPOSE OUTSIDE OF THE INTENDED USE OF THE SERVICES OFFERED BY YOUCRUIT.

You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the Services. By using or continuing to use the Services, you affirm that you are above the age of eighteen (18). Notwithstanding the foregoing, if you are under the age of eighteen (18) or the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to these Terms of Use on your behalf. You may not use the Services if your use of the Services has been previously terminated or suspended by YouCruit unless we have provided you with specific prior written authorization to re-use the Services.

Consent to Contact. By using certain Services, you consent for YouCruit, including its Affiliates, Partners, and/or any of its affiliated brands, to contact you by telephone including using SMS or “text” messaging, calls (including live, automated, and recorded calls) to your wireless or landline phone number provided, and to the extent such service is provided, at an assigned virtual number or VOIP provider number, WhatsApp messages and / or Facebook messenger messages from YouCruit, its affiliates, and/or any of its affiliated brands. This consent includes if the number receiving such calls is a wireless cellular phone number, an in-app call option, and/or a virtual number. By granting such consent, you authorize YouCruit and or Carrier, respectively, to contact you by telephone at the number(s) you have provided (to the extent permitted by the laws of the jurisdiction where you reside) as well as any additional virtual numbers provided for you by our Services. You agree to, when applicable, utilize the numbers provided to you solely for the intended purpose. You agree that We may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for purposes of training our employees and for our own protection (to the extent permitted by the laws of the jurisdiction where you reside). You acknowledge that not all telephone lines or calls are recorded by us and that We do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved. You may revoke consent to be contacted by telephone by emailing support@youcruit.com for a Carrier, and support@lanefinder.com for a Driver and including the wording “Revocation of Telephone Consent” in the subject line.

Call Recording, Communication Logs, Access. Call recording is used in the spirit of trust and respect, and it is a valuable tool to enhance user services, assure courteous treatment, and accurate information. It is recognized that inbound and outbound calls will be recorded for record-keeping, quality assurance and to assist in training and development. Messages and a log of all communications between Drivers and Carriers will be tracked and available for review, including audio files of call recording. Communication logs, messages, and any recordings produced shall be the sole property of YouCruit. Access to this data is provided to You as part of the Services and YouCruit reserves the sole and exclusive right to remove, destroy, and/or censor and monitor any such communication in its sole discretion. You acknowledge that you shall not be entitled to copy, compel delivery or otherwise, any recording whatsoever unless otherwise required by law. We hereby reserve the right to block, censor, scramble or remove any exchange of personal contact information between Carrier and/or Driver on the Lanefinder Platform.

By providing your email address, you acknowledge that We will use the email address to send you Service related and other non-commercial notices, including any notices required by law, in lieu of communication by postal mail. Where you provide valid consent, We may also use your email address to send you other messages, such as changes to features of the YouCruit Service and special offers (to the extent permitted by the laws of the jurisdiction where you reside).

If you have consented to receive email job alerts or marketing communications from us, We will send you such communications until you opt out. If you do not want to receive job alert emails and/or marketing communications from us, you may opt-out by following the opt-out and/or unsubscribe instructions in the email message, or by requesting to be opted-out by emailing support@youcruit.com for a Carrier, and support@lanefinder.com for a Driver. Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Please note, that while you can opt out of marketing messages, push notifications, and email job alerts, you cannot opt-out of service-related communications, including those related to security, legal notices, your Customer Account, your use of our Services, billing, and other transactional purposes unless you deactivate your Customer Account and stop using our Services.

BY ENTERING THE WEBSITE, INSTALL AND/OR USE ANY APPS AND/OR USING ANY OF THE SERVICES YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE.

THESE TERMS OF USE INCLUDE A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.

General Definitions
1. “Affiliate” means any entity controlled by, controlling, or under common Control of YouCruit, or its subsidiaries and/or parent entities, including, but not limited to YouCruit AB, a Swedish limited liability company.
2. “Apps” means any applications developed by YouCruit.
3. “App Services” means any services provided by YouCruit through its Apps.
4. "Basic Plan" means as defined in Section 5.1
5. “Carrier(s)” means a legal entity or natural person that engages in transportation of goods for commercial gain which maintains a valid and authenticated Customer Account.
6. "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ability to exercise voting power, by contract or otherwise. "Controlling" and "Controlled" shall have meanings correlative thereto.
7. “Customer” means any Job Seeker, Employer, individual or entity that uses any of the Services.
8. “Customer Account” means the container of information each Customer has on YouCruit for use with the Services, including, the Lanefinder Account, YouCruit Account, Sub Account or User Account.
9. “Customer Content” means all material, whether publicly posted or privately transmitted, that Customers upload, post, broadcast, email, transmit, or otherwise make available on or through any of the Services.
10. “Driver(s)” means a natural physical person that drives and or operates a commercial vehicle and is properly registered with a Lanefinder Account.
11. "“Employer” means any legal entity offering either direct employment or acting as an agent for a third party legal entity recruiting on their behalf.
12. “Hiring stages” are the different stages (“Hired” “Terminated” etc.) in YouCruit where Carriers move and/or mark and update the status of the applicant or Driver based on where they are in the hiring process and ongoing status.
13. “Job Seeker” means individuals looking for employment.
14. “Lanefinder” means YouCruit LLC, a Nevada limited liability company.
15. “Lanefinder Account” means the account on the dedicated portal for Drivers to input user information and access information on their accounts, profiles, and possible jobs and/or placements.
16. “Lanefinder Platform” means the Website which hosts job postings from Carriers and allows potential Drivers to apply and track the status of such job postings.
17. “Lanefinder Services” means the suite of features, products and services offered through Lanefinder, its Apps, its App Services, the Website, and the Website Services.
18. "Paid Services" means Services which you pay a fee for its use as further set forth within Section 5.
19. “Partner(s)” means those trusted individuals or entities that YouCruit employs, engages, or retains to perform functions and/or provide services on its behalf.
20. “Premium Plan” (also referred to as “Premium”) refers to additional plans Carrier’s may opt into which are subject to the applicable Paid Services terms.
21. “Processing” means the Driver job placement with the Carrier is dependent on additional actions before the placement is finalized and/or the Carrier and or Driver has not finalized the certain job placement.
22. “Specific Terms of Service” means certain features of the Services which may have their own specific terms and conditions that you agree to when you sign up for that particular product, function, or service; this includes any Paid Services of Carrier which require additional compliance, fees or payments.
23. “Sub Account” means subsidiary account or member under a primary account for an Employer.
24. “User Account” means the account of any Job Seeker, Employer, individual or entity that uses any of the Services.
25. “Username” means the valid email address provided by each Customer to be used as their user and login identification.
26. “We,” “Us”, “Our”, etc. means Lanefinder, YouCruit, and applicable Affiliates.
27. “Website” means all of the information and content (in any format whatsoever) accessible through the World Wide Web at the address youcruit.com and or lanefinder.com including all subdomains.
28. “You” means you the individual and any entity with which you are authorized to enter into agreements and such entities affiliates as applicable.
29. “YouCruit” means, YouCruit LLC, a Nevada limited liability company, and or other Affiliates.
30. “YouCruit Account” means the account on the dedicated portal for Carriers to input user information and access information on their accounts, profiles, and possible jobs and/or placements to access sourced and or screened Drivers.
31. “YouCruit Content” means all material available through the Services where YouCruit and/or its Affiliates (including, but not limited to, Lanefinder) is the copyright holder and intellectual property rights owner, including, but not limited to; written text, images, videos, audio, icons, and illustrations.
32. “Services” means the suite of features, products and services offered through YouCruit, its Apps, the Website, and the Website Services.
Modifications and Updates to the Terms of Use
1. Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remains just as dynamic, the You understand that We may alter, amend, change, waive, terminate, or modify any term contained within its Terms of Use at any time provided that:
  1. Should We alter, amend, change, waive, terminate or modify any term contained within these Terms of Use, it shall provide notice by: (1) Posting the new Terms of Use to the Website (2), email (where available and applicable) or other means pursuant to these Terms of Use; and/or (3) as otherwise required by law.
  2. Upon Notice, any Customer may elect to terminate use of any of the Services. Should a Customer continue to use any of the Services, such continued use shall constitute acceptance of the altered, amended, changed, waived terminated or modified Terms of Use.
Specific Terms of Service. Specific Terms of Service may supplement these Terms of Use and shall provide fees and payment terms as applicable to the specific product, function, or services offered under such Specific Terms of Service. For any Specific Terms of Service or any Services provided thereunder, We may update the terms applicable and the services available from time to time. Additionally, We may (1) add new services and products for additional fees and charges, at any time in its sole discretion, or (2) amend any fees and charges for existing Services, at any time in its sole discretion upon notice. If any term of these Terms of Use expressly conflicts with any term of a Specific Terms of Service, the conflicting term in the Specific Terms of Service will control, but only with respect to the applicable term, policy, or function, applicable to such Specific Terms of Service. All other terms and conditions in both these Terms of Use and the Specific Terms of Service shall remain in force. All Services, including, but not limited to, Paid Services, whether the Terms of Use are referenced within the Specific Terms of Service or not, are governed by either these Terms of Use. All capitalized terms within the Specific Terms of Service, which are not defined therein, shall refer to and have the same meaning afforded to such terms herein.
Services
1. YouCruit does not guarantee that any Job Seeker will find employment through the Services. Similarly, YouCruit does not guarantee that any Employer will find an individual or entity to employ.
2. Content and Services
  1. Use of YouCruit content features is completely voluntary. Should a Customer use any content features, they do so pursuant to these Terms of Use and particularly the terms within this Section.
  2. By uploading or recording any content, as part of applying to a job or answering a question, you authorize YouCruit to store and access it and the receiving Employer to view it.
  3. Employers uploading any content as part of their career page, acknowledges that any content on the career page will be publicly accessible and not subject to any expectation of privacy.
  4. All Website Users are expressly prohibited from using any information or content in violation of any applicable laws, particularly employment laws, data privacy and protection laws (including GDPR and CCPA), and any copyright or similar intellectual property protection laws, licenses, and regulations.
  5. All Customers using the content upload features provided through Services expressly indemnify and hold harmless YouCruit from any and all claims, liabilities, penalties, or other disputes which arise out of or are related to Customer’s misuse, infringement, or unlawful use, whether intended or unintended, as a result of their uploaded content, and/or any information conveyed therein by Customer, their agents, their employees, their customers, and any other parties to whom their information Is provided. This indemnification shall include, but is not limited to, payment of all legal fees (including, but not limited to attorney’s fees, paralegal fees, court fees, etc.) and any additional costs incurred by YouCruit relating to any enforcement, settlement, or Website modification or update as a result of such indemnified claims, liabilities, penalties, or other dispute. . In all cases, YouCruit shall have the right to choose its own counsel and Customer shall have no right or permission to accept any settlement of claims which would or may require YouCruit to pay any amounts to any third parties or to accept any liabilities, whether monetary or otherwise.
3. Any Customer downloading any data from YouCruit takes full responsibility in handling that data themselves in accordance with any local privacy and data regulation laws and will make sure the privacy rights of the owner of the downloaded data are protected. YouCruit cannot under any circumstance be held responsible for any data that is exported or downloaded from YouCruit.
4. YouCruit will not process any user data unless a Job Seeker allows us to do so in accordance with applicable data privacy and protection laws. Job Seeker may, at any time, change what type of processing they want to be a part of or not. These processing settings can all be found on the Job Seeker settings page and the YouCruit Privacy Policy.
5. YouCruit collects anonymized data on Customer behavior for statistical purposes to improve the Services.
6. Upon utilizing and or continuing to use the Services, Job Seeker and or Driver grant YouCruit, and its Affiliates, a perpetual, irrevocable, worldwide right and license to copy, use, reproduce, distribute, redistribute, publish, republish, upload, post, transmit, modify, alter, create derivative works of, package, repackage, produce and or sell copies of such Customer Content through the Lanefinder Platform, Lanefinder Services, App Services or through any manner which is in furtherance of the Services provided herein.
Services: Basic Plan, Premium Plan, and Premium+ Plan
1. Basic Plan. This is the free plan when You sign up to use Services, including any Lanefinder Services. This plan includes basic features of the YouCruit Account and Lanefinder job posts and placements. Additional terms and features may be added or removed by YouCruit at any time and in YouCruit’s sole discretion.
2. Premium and Premium+ Plan Terms. Premium Plan services offered as additional Services may be provided for a fee. If you are a Customer and elect to use any of these additional paid features or additional services of the Lanefinder Services, you agree to the pricing and payment terms for the applicable Services which may be included and referenced herein as Specific Terms of Service. We may update the terms applicable and the services available from time to time. We may (1) add new Services and products for additional fees and charges, at any time in its sole discretion, or (2) amend fees and charges for existing services, at any time in its sole discretion upon notice. Cancellation requests should be made in accordance with Section 7.12 below or as otherwise specified in the applicable Specific Terms of Service. All Services, whether Paid Services or not, or whether referenced within the Specific Terms of Service or not, are governed by either these Terms of Use.
3. We may also provide certain products or services via our third party Partners at a fee. You agree that your use of such third party products or services is subject to these contractual (including payment) terms herein, in addition to any included third party terms which may or may not be presented by such third parties should you wish to use their services. You further agree that YouCruit has no responsibility for any such third party services and your use of such services is entirely at your own risk.
4. Paid Services Disclaimer + Carrier and Driver Acknowledgment:
  1. YouCruit does not guarantee or otherwise warrant that any specific third party services provider will make its services or products available to any and all Drivers or Carriers or that any and all Paid Services will be otherwise made available to all Carriers and/or Drivers as may or may not be otherwise applicable.
  2. YouCruit is not an employer, insurer, or benefits provider of any Driver or Carrier, and has no obligation to provide or maintain or otherwise supply any required insurance, retirement, health care coverage, benefits or similar, Worker’s Compensation, accounts, records, or other items which would be required by law of any such employer under any and all applicable laws and regulations. YouCruit is not a direct provider of, nor a broker of any type of insurance in any capacity, employment or otherwise. YouCruit is not an employer of any Driver and shall have no liability or obligation to provide any type of health care, retirement, or other state, federal, or local required employee health or other insurance related to any Driver whether or not it is required by any state or federal law for employers.
  3. You agree and acknowledge that YouCruit shall not be liable for or responsible for any claims, penalties, or other liabilities which may arise under any employment or related claims made by any Driver, employee, or contractor or, which may be imposed by any governing authority which is in any way related to any services obtained or utilized through Your use of Paid Services.
Billing and Payments for Paid Services
1. YouCruit reserves the right to choose the forms of payment accepted for Services, to refuse select forms of payment, and to refuse service. YouCruit bills in advance for Services on a recurring basis depending on your payment method and Customer Account preferences. By choosing your method of payment and applicable billing cycle, you authorize YouCruit to use the form of payment specified in your Customer Account preferences or settings to bill you automatically in advance for the chosen Services on a recurring basis for each applicable billing cycle until your Customer Account has been canceled. Purchased services are non-refundable. This means that there will be no refunds for partial quarters/months/days of service, or for quarters/months/days where the Services were unused. Payments must be made at the time of purchase. You (and you alone) are responsible for all charges associated with connecting to the Website, Website Services, and/or YouCruit.
2. All fees are exclusive of taxes, levies, withholdings, or duties imposed by taxing authorities or other applicable third parties. You shall be responsible for the payment of all such taxes, levies, withholdings, or duties in addition to the fees.
3. Please note that all payments to YouCruit go through a third party. Customers may be responsible for various charges and/or penalties implemented by these third parties for any insufficient funds or chargebacks. Please review the terms of use or service for the third party companies for more information.
4. You are responsible for maintaining current and accurate payment information in your User Account and you agree to add valid, authorized credit card details to your YouCruit Account. If any of our charges are rejected from the payment method you have indicated as your preferable payment method, you authorize us (without further notice to you, unless required by applicable law) to, in our sole discretion: (i) retry such payment method and/or (ii) collect from any other payment method We have on file for you. If all payment methods We have on file with you continue to be rejected, and or if no payment for any Paid Service is made when owed and due, YouCruit shall suspend your YouCruit Account and may terminate your access immediately in their sole discretion. You will not have access to either Basic Plan features or Premium Plan features if your YouCruit Account is past due.
5. YouCruit reserves the right to change the prices for any of the Services including, but not limited to, the recurring fees for Services. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you. If you reasonably dispute any portion of an invoice, you must pay the undisputed portion of the invoice and submit written notice of your dispute (with sufficient detail of the nature of the dispute, the amount and invoices in dispute and information necessary to identify the affected Service(s)) for the disputed amount. All disputes must be submitted to YouCruit in writing within seven (7) days from the date of the invoice with respect to which you have a dispute. You waive the right to dispute any charges not disputed within such a seven (7) day period.
6. Invoicing For any Paid Services. Invoices shall be invoiced in accordance with the specified terms under the Specific Terms of Service for any Paid Services or Premium Plan. YouCruit’s preferred payment method is conducted through an authorized credit card on file which YouCruit shall be authorized to run in accordance with the applicable Specific Terms of Service. Should your Customer Account be canceled and or terminated in accordance with Section 7, all fees, including, but not limited to, penalties or charges, for the Paid Services shall be due immediately.
Job Seeker and/or Employer Conduct
1. Services shall be used for lawful purposes only.
2. Employers shall be responsible for complying with all applicable regulations, statutes, laws and guidelines relating to hiring, interviewing, and recruiting employees as well as any matters related thereto.
3. You agree to provide YouCruit with true, accurate and current information as requested when registering for Services and/or purchasing products from YouCruit. Failure to do so shall constitute a breach of these Terms of Use.
4. At time of registration, every Customer must provide certain information. Every Customer must specify a Username to access Services. Every Customer must provide a Display Name that must be your legal name (for an individual, this would be your full name; for an entity, this would be your entity’s name). Every Customer must also establish a secure password not used elsewhere.
5. Please note that you may not use a Username or Display Name that is a Username or Display Name of another person; that is violating a third party’s intellectual property rights; or that is offensive or inappropriate.
6. You shall be solely and entirely responsible for any and all use of the Services through your Customer Account.
  1. As a Customer, you may not permit any other person to use your Customer Account and login credentials.
  2. Your Customer Account, Username and/or password may not be assigned or transferred to any other person or entity.
  3. You must promptly inform YouCruit of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Username or password.
  4. If YouCruit has information regarding unauthorized disclosure or breach of security of a Customer’s account YouCruit will inform said customer within forty-eight (48) hours from the time YouCruit had the information about the breach.
7. Employers may create Sub Accounts for use by members of their specific entity.
  1. All Terms of Use and other applicable agreements apply to any and all Sub Accounts.
  2. Sub Accounts must be provided only to authorized personnel. Any misuse by the account owner or any sub account owner shall be the responsibility and liability of the YouCruit Account owner of such Sub Account as if the act was done by the YouCruit Account owner.
8. Job Seekers shall submit ‘driver applications’ when applying to a particular Carrier.
  1. All information provided to Lanefinder throughout the Driver application process (and during any possible employment with Carrier) shall be accurate and truthful. Driver shall supply Lanefinder with a complete and accurate prior employment and driving history. Upon submission of an application, Driver consents and authorizes, upon election of Carrier and in accordance with applicable law, for Lanefinder to procure Screening (defined below) and Reports (defined below) from a third party service provider. Driver acknowledges that employment with a Carrier is not guaranteed, and is fully contingent upon the decision of Carrier to hire.
  2. Driver participation in any Premium Plan or application process or other Lanefinder Service is subject to, and dependent on, Driver's work and or performance for a Carrier enrolled in the applicable Premium Plan, in addition to such Carrier's payment obligations. Lanefinder is not an employer, broker nor direct provider of any benefits or any insurance. Additionally, Lanefinder is not obligated nor responsible for expenses, taxes, or costs incurred during which Driver is not working for a Lanefinder registered Carrier. Driver acknowledges the unique nature and limited role of Lanefinder, and as a result, Driver hereby waives and releases Lanefinder from any claims of fraud, misrepresentation, or other claims as it pertains to Driver’s participation in the Lanefinder driver application process.
9. The Services shall not be used for any of the following:
  1. Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;
  2. Intentionally violating any intellectual property rights of a third party;
  3. Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
  4. Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by YouCruit in its sole discretion;
  5. Posting or transmitting, or causing to be posted or transmitted, via the Services any nudity;
  6. Posting or transmitting, or causing to be posted or transmitted, via the Services any spam;
  7. YouCruit maintains a strict policy forbidding any spam or misuse of communication services within its Services.
  8. Posting or transmitting, or causing to be posted or transmitted, via Services any materials advertising any business or application process other than YouCruit;
  9. Seeking to obtain private financial information from any Consumer;
  10. To impersonate any other individual;
  11. To provide any false information;
  12. Registering or attempting to register a Customer Account with YouCruit without YouCruit’s express authorization after having been terminated or suspended by YouCruit for any reason; and/or
  13. Attempting to interfere with YouCruit’s security measures.
10. Should any Customer believe that another individual has violated any of the foregoing terms and conditions, the Customer should immediately notify YouCruit via support@youcruit.com.
11. Upon learning of any error, omission, or violation of the Terms of Use by any other third party, a Customer shall immediately notify YouCruit via support@youcruit.com.
12. Cancellation and Deletion of Customer Account
  1. You may cancel your Customer Account at any time. Before doing so, YouCruit recommends you review these Terms of Use carefully so you understand what will occur upon cancellation.
  2. Upon cancellation, all of your Customer Content will be deleted permanently. YouCruit shall not be responsible for the loss of any Customer Content due to the cancellation (or termination) of a Customer Account.
  3. Should a Driver remain employed and or hired (in any capacity) by you after cancellation of your Customer Account, YouCruit shall be entitled to, and Carrier shall immediately pay, the full and maximum fees due per Driver under the Paid Services and or Premium Plan.
13. Termination of Customer Account
  1. YouCruit reserves the right to refuse and/or terminate its Services to anyone, effective immediately, should it believe that the Services have been abused. For a non-exclusive list of what YouCruit considers abuse, you should refer to Section 7.9 above. Though specific prohibited items have been listed, YouCruit reserves the right to consider any action or conduct inconsistent with the intended use of Services to constitute abuse.
  2. YouCruit reserves the right to take any further action as permitted by law should it believe that the Services have been or are being abused, used for any unlawful purpose and/or used in violation of any of these Terms of Use or any other YouCruit agreement or policy.
  3. YouCruit also reserves the right to suspend or terminate a Customer Account should YouCruit become involved in pending litigation or other similar dispute with the Customer, in relation to the Customer Account, or for any other reason. Should the Customer become involved in litigation or other similar dispute in relation to the Customer Account, YouCruit also may suspend or terminate the Customer Account immediately and without notice.
14. Consequences of Termination
  1. Should your Customer Account become terminated, YouCruit may, in our sole discretion and without liability to You, remove and discard any information associated with your Customer Account including, but not limited to, any Customer Content.
  2. Should your Customer Account become terminated, you shall remain solely responsible for all liabilities and or obligations, including, but not limited to, all fees relating to the Paid Services, that may have arisen or arise from your Customer Account and/or the termination thereof. You agree to immediately pay all fees, penalties and or charges for the Paid Services upon termination of Customer Account.
  3. YouCruit shall not be liable to you or any third party for any termination of your use of the Website or Services.
  4. Any Customer whose Customer Account has been terminated by YouCruit will no longer be able to access their Customer Account.
  5. There shall be no refunds for any use terminated as a result of a breach of the Terms of Use.
  6. YouCruit may also refuse registration, terminate an account, and/or refuse Services to any person who registers or attempts to register an account with YouCruit without authorization after having had an Customer Account previously suspended or terminated by YouCruit. In particular, should YouCruit identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse and/or terminate registration.
  7. Should the Services become terminated, all Customer Accounts shall be terminated immediately, without any prior notifications by YouCruit.
Customer Content
1. YouCruit does not endorse Customer Content provided by Customers that is made available via Services.
2. YouCruit reserves the right, but not the obligation, to delete posts and/or Customer Content that it believes, in its sole discretion, violate these Terms of Use. The failure of YouCruit to delete any post does not constitute Our endorsement of any such post.
3. YouCruit is not responsible for any false, defamatory, libelous, or slanderous Customer Content posted by its Customers.
4. If you believe any Customer Content violates your rights in any way, you may contact YouCruit via support@youcruit.com.
Intellectual Property Rights
1. You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that YouCruit or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. You further acknowledge and agree that content contained in Partner advertisements or information presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by YouCruit or our Partners, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website, Website Services, App Services, Services, or the Software, in whole or in part.
2. Any suggestion, comment, improvement, idea, enhancement request or feedback provided by You or on Your behalf with respect to or relating to the You may be used by YouCruit without compensation or attribution to You, and in connection therewith, You grant to YouCruit a perpetual, irrevocable, fully paid-up, unrestricted right to use any or all of the foregoing.
3. Copyright
  1. All copyrights in Customer Content uploaded by Customers to the Website and/or Services shall remain with the applicable owners of such copyrights. The Customer uploading such content represents that they have authority to grant YouCruit an unlimited license to use such content without restriction. By these Terms of Use, the Customer grants YouCruit such license.
  2. Customers may not frame any elements of the Website within any other website.
4. Trademarks
  1. You agree to not use YouCruit Trademarks or any mark that is confusingly similar to such trademarks.
  2. Nothing on the Website, on the Apps or through the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of YouCruit Trademarks displayed on the Website, on the Apps or through the Services without Our prior express written permission.
  3. All goodwill generated from YouCruit Trademarks will inure solely to YouCruit.
  4. All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to YouCruit.
  5. YouCruit reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.
5. Should any Customer violate these terms regarding intellectual property, such Customer must delete any materials obtained in violation of these Terms of Use immediately upon notice or upon realizing possession of such materials violate these Terms of Use, whichever is earlier.
6. All YouCruit Content on the Website and available through the Services is the proprietary property of YouCruit and/or its licensors, with all rights reserved. No YouCruit Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Our prior written permission. Provided that you are eligible for use of Services, you are granted a limited license to access and use the Services and the YouCruit Content and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you retain all copyright or other proprietary notices intact. You may not upload or republish YouCruit Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to the Terms of Use and does not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Services or YouCruit Content without the prior written permission of YouCruit, other than as specifically authorized herein, is strictly prohibited, and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Copyright Policy
1. YouCruit respects the intellectual property rights of others and prohibits anyone from uploading, posting, or otherwise transmitting on the Website or through Services any materials that violate another party’s intellectual property rights. When YouCruit receives proper notification of alleged copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates any Customer Account associated therewith.
2. If you believe that any material on the Website or through the Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to support@youcruit.com.
3. YouCruit has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. YouCruit may also in its sole discretion limit access to the Website and Website Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
Resale of Service
1. Unless otherwise agreed to in writing by YouCruit, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer, or exploit any portion of the Website, Apps, or Services; use of the Website, Apps, or Services; or access to the Website, Apps, or Services.
Indemnification
1. You agree to indemnify and hold YouCruit, and the owners and operators of YouCruit, as well as its and their subsidiaries, Affiliates, officers, directors, agents, co-branders or other Partners, and employees, harmless from any and all claims, lawsuits, causes of action, or demands, expenses, costs, and/or losses, including reasonable legal fees (which may include though is not limited to, attorney’s fees, paralegal fees, and other legal related costs and expenses including any defending or asserting any collection efforts or actions), made by any third party due to or arising out of your use of the Website, Apps and/or Services; your connection to the Website, Apps, and/or Services or from information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Website or Apps; your sharing of any content obtained through use of the Website, Apps, or Services to any third party; the further use of any content you downloaded from the Website, Apps, or Services to your computer and/or servers; your violation of the Terms of Use; and your violation of any rights of another person, persons, or entity, whether you are a registered user or not. You are responsible for your actions when using the Website, Apps, and/or Services, including, but not limited to, costs incurred for Internet access.
Limitation of Liability
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS OF USE, IN NO EVENT SHALL YOUCRUIT, ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR LOSSES, OR ANY OTHER LOSS OR DAMAGE THAT DOES NOT ARISE NATURALLY AND ACCORDING TO THE USUAL COURSE OF THINGS FROM THE BREACH, ACT OR OMISSION RELATING TO THESE TERMS OF USE AND GIVING RISE TO THAT LOSS, WHETHER OT NOT SUCH LOSS MAY REASONABLY BE SUPPOSED TO HAVE BEEN IN THE CONTEMPLATION OF THE PARTIES AT THE TIME THEY ENTERED INTO THESE TERMS OF USE AS A PROBABLE RESULT OF THE BREACH, ACT OR OMISSION; OR (II) LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL YOUCRUIT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR CUSTOMER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUCRUIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL DATA STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
3. IN NO EVENT SHALL YOUCRUIT, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO YOUCRUIT IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS LESSER.
4. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF YOUCRUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Disclaimer of Warranties
1. The Website, Apps, and YouCruit services are provided to you “as is”, “with all faults”, “as available,” without warranty of any kind, either express or implied, to the fullest extent possible under applicable law.
2. YouCruit specifically disclaims any and all warranties, express or implied, including, but not limited to, the following warranties concerning the availability, accuracy, reliability, completeness, capabilities, security, timeliness, usefulness and/or content of:
  1. The Website;
  2. Apps;
  3. Services;
  4. The ability of the Website, Apps, and/or Services to interoperate or integrate with any third party products such as software or hardware;
  5. Any warranties resulting from a course of dealing or usage of Services;
  6. Any warranties of merchantability or fitness for a particular Services;
  7. Any warranties of non-infringement;
  8. Any warranties regarding the rights and title of YouCruit in the Website, Apps, and/or Services, or any warranty that the Website, Apps, and/or Services do not infringe the intellectual property rights of a third party.
3. YouCruit is not liable for any information, software or other products that are downloaded from the Website, Apps, and/or Services by you or installed on your computer. As such, YouCruit is not responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained through or from the Services shall create any warranty not expressly stated in the terms.
5. YouCruit makes no warranty that the Website, Apps, Services, and/or content thereon will be error-free, available without interruption, timely, or meet your needs concerning the Website/Website Services; Apps/ App Services; Services; and, the ability of the Website, Apps, and/ or requirements.
6. You agree that YouCruit makes no representations, warranties, promises or guarantees regarding any Customer Content provided or generated by third parties, including, without limitation, the content of messages, job postings and job history. You further agree that YouCruit acts as a passive conduit for the distribution, provision, and publication of Customer Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of Customer Content, and accordingly, you accept that YouCruit has not responsible and has no liability for Customer Content. You understand that you may be exposed to Customer Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of Customer Content, including, without limitation, resumes/CVs and job postings and content of messages. Your reliance on any Customer Content is at your own risk.
7. We will make reasonable efforts to maintain the Services, however, We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the YouCruit services, or other interaction with the YouCruit services. We do not warrant that (1) the Services will meet your specific requirements, (2) the Services will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Services will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (5) any errors in the software will be corrected.
  1. We will make reasonable efforts to maintain the Services, however, We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the YouCruit services, or other interaction with the YouCruit services. We do not warrant that (1) the Services will meet your specific requirements, (2) the Services will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Services will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (5) any errors in the software will be corrected.
8. YouCruit may restrict the availability of the Website or Services or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of its servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Website or Services. YouCruit may improve, enhance, and modify the Website and eliminate Services or introduce new Services from time to time without notice. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of YouCruit in providing its Services, is to cancel your Customer Account and/or stop using our Website or Services. You agree that YouCruit shall not be liable to you or any third party for any modification or discontinuance of any materials, features, products, prices, services, information or the Website or Services.
9. The Website, Services, and Content are designed to provide reasonably accurate and authoritative information regarding the subject matter covered. It is made available with the understanding that YouCruit is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert service is required, the services of a competent professional should be sought.
10. Due to the constantly changing nature of government regulations, it is impossible to guarantee the total and absolute accuracy of the Content contained on the Website and Services. YouCruit cannot and does not assume any responsibility or liability for loss, damage, or injury arising from omissions, errors, misprinting, or ambiguity contained on the Website or Services or the content of referral websites or the products and services which may be offered on referral websites.
11. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE RELATING TO THE WEBSITE OR SERVICES MUST BE MADE OR INSTITUTED WITHIN ONE YEAR OF WHEN THE CAUSE OF ACTION OR CLAIM ACCRUED.
13. These disclaimers also apply to all Customer Content sent to and/or from the Website, Website Services, Apps, App Services, and/or Services.
Third Party Links, Products, and/or Services Provided by Third Parties
1. In connection with the Services, YouCruit may contain links to third party websites and offers for products and services of third parties.
2. YouCruit neither monitors nor has any control over such third party websites or over such third party products and services.
3. YouCruit is not responsible for and does not endorse (1) the content of such third party websites; (2) the products or services offered by such third parties; (3) the use of or reliance upon such content, products, or services: and/or (4) the privacy and other practices of such third parties.
4. Any correspondence or business transactions between you and such third parties are solely between you and any such third party.
5. YouCruit specifically disclaims all warranties, express or implied, relating to third party products and services including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose and non-infringement, except as otherwise specified in these Terms of Use or where such disclaimers are held to be legally.
6. YouCruit is not responsible for the availability of such websites or products or services offered by such third parties. Further, YouCruit is not responsible for any loss or damage arising from any communications and/or transactions between you and third parties.
7. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services provided by YouCruit, third party content or third party software. YouCruit specifically disclaims any liability for its consumers and customers failing to abide by third party website’' policies and terms.
8. Screening & Third Party Service Providers. Lanefinder uses third party service providers to provide, obtain or otherwise make available to Carriers, when applicable or required, screening services, including, but not limited to, background checks, motor vehicle records (“MVR”), pre-employment screening program (“PSP”) and safety performance history (“SPH”, and collectively with background checks, MVR and PSP also referred to herein as “Screening” and or “Reports”) which is appropriate and as may be otherwise required by applicable laws and regulations. You consent to the use of such third party service providers for Screening and Reports.
  1. CARRIER
    If you are a Carrier with Lanefinder, you understand that you have specific legal responsibilities in connection with obtaining authorization from any potential Driver (also referred to herein as a consumer) before requesting Reports or Screening from such third party service providers and using information obtained from a consumer report to make employment decisions. Lanefinder strongly recommends that you consult with legal counsel to understand your legal responsibilities related to obtaining and using consumer information, developing a legally compliant disclosure and authorization processes, and ensuring your policies and procedures with respect to your employee screening program complies with applicable legal and regulatory requirements. You further understand that we are not legal counsel and do not provide legal advice with regard to FCRA compliance. You acknowledge that Lanefinder does not conduct the Screening or Reports and is not responsible for the accuracy of any information contained therein. Should you have any question or concern with the information contained within the Screening or Reports, you shall contact the third party service provider directly to resolve your question or concern. In consideration for providing this information on your behalf, you hereby waive and release Lanefinder from any and all claims which may arise or related to, directly or indirectly, the Screening and or Reports.
    
    You represent and warrant that (a) you will demonstrate to each consumer reporting agency that you, as appropriate, have complied and/or will comply with the Fair Credit Reporting Act, 15 USC §1681 et seq. (“FCRA”) with regard to you and your affiliates, agents, and any person authorized by you to act on your behalf (collectively “Carrier Affiliates”) request(s), usage, and disposal of such reports (b) you have a legitimate need for the reports and information collected through use of the Platform; (c) such reports will only be obtained and used exclusively for hiring purposes and shall not be further distributed, sold, given, or traded with any third party unless the report is obtained for a specific joint use in compliance with the FCRA; (d) you and or Carrier Affiliates will comply and/or have complied with all laws and regulations and will not use consumer information in violation of any state or federal law, including equal opportunity laws; (e) any and all actions you and Carrier Affiliates take shall be in strict compliance with the FCRA; (f) you retain sole responsibility for compliance with the FCRA; (g) you and or Carrier Affiliates will comply and/or have complied with all adverse action procedures required by the FCRA, including requirements to provide a preliminary adverse action notice to consumers, along with a copy of the consumer report and A Summary of Your Rights Under the Fair Credit Reporting Act, allowing the consumer a designated period of time to contact the consumer reporting agency if consumer wishes to dispute any information in the consumer report, providing consumer reporting agency contact information and providing a final adverse action notice to the consumer if a final adverse employment decision is made. In connection with each consumer report ordered by you, you and Carrier Affiliates shall: certify that you have complied with the Fair Credit Reporting Act; disclosed to the individual who is the subject of the report that a consumer report or, as applicable, an investigative consumer report, may be obtained; obtain written consent from the applicable individual allowing for you and us to obtain such report; provided the individual a summary of the individual’s rights as required by the FCRA, and any other applicable federal, state, or local law or regulation; will not utilize such report in violation of any federal, state, or local equal employment opportunity law or regulation; advised any individual against whom an adverse employment action is intended to be taken based in whole or in part on information contained in a report furnished by us that such adverse employment action is intended a reasonable amount of time prior to taking such action, provide the individual a copy of such report, and provide, in writing, a description of the individual’s rights under the FCRA. After taking adverse action that is based in whole or in part upon information contained in a consumer report that we furnished, you will/have provide(d) notice of such action to the individual; provide your name, address and telephone number; if applicable, provide (i) a numerical credit score that you used in taking adverse action based in whole or in part upon information contained in a consumer report that we furnished, (ii) the range of possible credit scores under the model used, (iii) all of the key factors (not to exceed four) that adversely affected the credit score of the individual in the model used, (iv) the date on which the score was created, and (v) the name of the person or entity that provided the credit score or credit file upon which the score was created; inform the individual that he/she is entitled to a free copy of the consumer report and has a right to dispute the record through us and that we are unable to provide the individual the specific reasons why the adverse action was taken by you; and, if applicable, abide by the Drivers Privacy Protection Act, 18 U.S.C. § 2721, et seq. (the “DPPA”) and the various state laws implementing the same. You understand the sensitive nature of consumer reports, the need to protect the information and the consumer report retention and destruction practices outlined by the FCRA and DPPA.
    
    You, Carrier, acknowledge the limited role of YouCruit and that YouCruit is a passive conduit for the distribution, provision, and publication of Screening and or Reports and as such, you warrant that you shall indemnify, defend and hold harmless YouCruit for any claims that may arise out of or relate to the FCRA and or DPPA in accordance with Section 12 herein.
    
    We advise that you must: Limit dissemination of consumer information to only those with legitimate need, permissible purpose, and authorized by consumer; Retain consumer data in a confidential manner; Destroy data in a secure manner to make it inaccessible, unreadable, and/or unrecoverable by: burning, pulverizing, or shredding, destroying or erasing electronic files, and/or after conducting due diligence, hiring a document destruction company. In addition, paper documents containing personally identifiable information (particularly name, date of birth, and SSN), if retained at individual desks/workstations, shall be destroyed or inaccessible no later than the end of each work day; and Protect the privacy of consumer information which is contained in motor vehicle records, and access DMV records only with written consent of consumer. Carrier acknowledges receipt of the Notice Regarding Obligations to Furnishers under the FCRA, Obligations of Users under the FCRA, A Summary of Your Rights Under the Fair Credit Reporting Act and Remedying the Effects of Identity Theft. Any such third party service provider providing any screening in the form of a credit check may be defined as a “consumer reporting agency” pursuant to the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq. (“FCRA”) and applicable state law. Any FCRA regulated screening reports furnished (including but not limited to, motor vehicle reports, safety performance history, criminal background checks, social media screenings, education and/or employment verifications, and professional references) are defined by the FCRA and applicable state law as “consumer reports” and/or “investigative consumer reports.” All such reports provided are collectively defined as “Consumer Report(s),” and all references to “Consumer Report(s)”
    
    Subject to the terms and conditions herein, we will upon Carrier’s request, our third party service provider will furnish Consumer Reports for employment purposes in connection with Carrier’s screening, as applicable, on employees, candidates for employment, candidates for an independent contractor relationship, candidates for temporary workers, candidates for volunteers, and/or other individuals for legally permissible employment-related purposes (collectively and each, a “Candidate”). All such Candidate contracts and engagements with the Carriers (hereinafter “Employment Engagement”) are directly and solely between the Carrier and the Candidate. You understand and acknowledge that we are not a party to, nor will we have any liability with respect to such Employment Engagement. You further understand that we do not endorse or vouch for the reputation, competence, or credibility of any Candidate or Carrier. By accepting these Terms of Use, you hereby disclaim any claims, liability or obligations against us and acknowledge that you understand the limited scope of our involvement in ordering the Screening and or Reports on your behalf and making the same available within the YouCruit Account.
  2. DRIVER
    You authorize us to share to any third party service provider, in accordance with these Terms of Use, any and all information and or documents, including, but not limited to, your commercial driver license, medical information or medical card, which you upload to your Customer Account in furtherance of our Services. If you are a Driver, Lanefinder takes no responsibility for any actions of a Carrier regarding Screening and or Reports, nor any actions taken on behalf of Carrier or any third party service provider. Lanefinder is not responsible, obligated, or otherwise liable for any costs, expenses, or any other monetary or property damages of any kind or any type related to or arising out of any information or services provided or omitted or otherwise relied upon in any way whether or not Lanefinder has been informed of any such potential for such cost or expense or otherwise or not. You consent to the release of Your information provided herein to be provided to Lanefinder in order to utilize the Lanefinder Services and to facilitate the job opportunities which may be provided. You acknowledge that Lanefinder releases and or makes available your information to Carriers as part of the Services offered on the Lanefinder Platform. Lanefinder agrees to comply with all applicable data protection and privacy laws and in accordance with its Privacy Policy. Lanefinder may provide Your information to prospective employers and its and their partners on a need-to-know basis and solely for the purpose of providing the Lanefinder Services to You. Please review the Privacy Policy for any additional information or question you may have regarding Lanefinder’s collection and use of Your Personal Information. To the extent any Carrier or third party contractor has executed any background check or elected the Screening or Reports from a Lanefinder third party service provider, You, as an applicant, agree and consent to Lanefinder (or its agents and third party contractors) accessing, disclose, release and using such results of any background check, Screening and or Reports in order to provide Lanefinder Services and/or for any additional lawful purpose. Lanefinder may use the results of any background check, Screening or Reports provided in order to protect the integrity and safety of its Lanefinder Services and may no longer consider applicants as candidates as a result. Additionally, if Lanefinder discovers that applicants falsified or omitted information on consent forms, applicants may no longer be considered as candidates.
Changes to Service
1. YouCruit reserves the right at any time to modify or discontinue, whether temporarily or permanently, the Website, Apps and Services. Any modifications to any of the Services, including the releases of new features, tools, or resources, shall be subject to these Terms of Use and other applicable policies. Changes may occur from time to time. Notice of any changes or modifications will be provided through the Website and/or Apps (as applicable) and, as appropriate, other means of notice provided herein. Absence of any notice beyond changes on the Website shall not affect the enforceability of the Terms of Use.
2. YouCruit may update its software and/or code, in whole or in part. These updates may require your computer to install additional third party software.
General Provisions
1. Applicable Law & Dispute Resolution. The Terms of Use shall be governed, construed, and enforced in accordance with the laws of the State of Missouri without regard to its conflicts of laws provisions.
2. Arbitration Clause. Any dispute, claim, or controversy arising out of the Terms of Use, the Website, Apps, and/or Services, or breach thereof, or invalidity thereof, shall be settled by the binding arbitration which shall be conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The place of arbitration shall be within the County of St. Louis, Missouri, unless otherwise agreed by the parties. The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated. Any award issued as a result of the arbitration may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney's fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.
3. Arbitral Award; Jurisdiction. Judgment on an award may be entered in any court having competent jurisdiction. Without prejudice to the foregoing or this binding arbitration agreement, each party to these Terms of Use irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of the courts of the State of Missouri for any matters concerning arbitration as provided in this Section 17, including the enforcement of the arbitration clause, and the federal courts sitting within the State of Missouri in connection with any post-award proceedings or court proceedings in aid of arbitration that are authorized by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Each party further expressly waives, to the fullest extent it may legally and effectively do so, any objection or challenge (including the defense of inconvenient forum) to the jurisdiction and laying of venue of any such proceedings in any such court.
4. Class Actions Waived. You expressly waive any right to participate in any class action against YouCruit for any claims related to the Website, Apps, and/or Services. In fact, by using the Website, Apps, and/or Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to resolve any claims through class actions against YouCruit.
5. Entire Agreement. The parties agree that the Terms of Use as it shall be modified from time to time constitutes the full and complete understanding among them with respect to the subject matter hereof and supersedes and preempts any prior understandings, agreements, or representations by or among the parties, written or oral, which may have related to the subject matter hereof in any way. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alters or contradicts the terms of this Terms of Use.
6. Attorneys’ Fees. In the event any legal proceeding is commenced to enforce these Terms of Use or any applicable Specific Terms of Service, the prevailing party shall be entitled to reasonable attorneys’ fees and costs from the other party. Further, regardless of whether any formal legal proceeding has been commences or contemplated otherwise, you agree to pay any and all reasonable attorneys’ fees incurred by YouCruit in its efforts to enforce the terms of these Terms of Use and/or any applicable Specific Terms of Service (even prior to the filing of or instituting any formal legal proceeding in court as set forth above), specifically, but not limited to, the enforcement of fees as described herein.
7. Notices. Notices by YouCruit to you for any reason (including changes to these Terms of Use, the Service, the fees, or other similar matters) may be provided by a general posting on the Website at youcruit.com. Notices by you to YouCruit may be given through electronic mail to support@youcruit.com unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from YouCruit, you may not assume that your notice has been received.
8. Restricted Locations
  1. The Website, Website Services, Apps, App Services and/or Services may not be accessed, viewed, downloaded, or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
  2. You agree to comply with all local rules regarding online conduct and what YouCruit deems, in its sole discretion, acceptable content.
9. California Consumer Privacy Act
  1. You, and you on behalf of your employer or organization and any other individual who has acted on behalf of your employer or organization, represent and warrant compliance with, and continued compliance with, the California Consumer Privacy Act ("CCPA") and all other applicable data privacy laws. As between you and YouCruit, except as otherwise set forth in the sentence immediately below, with regard to all personal information, personal data and personally identifiable information as defined under any applicable data privacy law and all other information that relates to an identified or identifiable individual, which is obtained by YouCruit as a result of these Terms of Use (“Personal Information”), you, and not YouCruit, is responsible for the provision of legally-compliant privacy notices to data subjects, compliance with data subject rights requests and compliance with all other obligations applicable to the data controller or collecting entity for such data. YouCruit agrees to reasonably cooperate with you in the event that you require YouCruit’s assistance in honoring data subject rights requests (to the extent applicable data privacy law affords such rights), subject to YouCruit’s obligations at law and to third parties. You, and you on behalf of your employer or organization and any other individual who has acted on behalf of your employer or organization, represent and warrant that you have all necessary rights and permissions in order for you to provide Personal Information to YouCruit for the purposes described in these Terms of Use.
10. Terms of Use Binding on Successors. These Terms of Use, including any Specific Terms of Service, shall be binding on and shall insure to the benefit of YouCruit and its heirs, administrators, successors, and assigns.
11. Waiver & Severability. No waiver by YouCruit or any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Terms of Use, or, as applicable, the Specific Terms of Service.
12. Assignability. These Terms of Use, any licenses hereunder, and all your rights and obligations under such, and any other Specific Terms of Service, and including the rights and obligations thereunder, may not be assigned by you or by operation of law, including, but not limited to, bankruptcy, assignment for benefit of creditors, collateral for a loan or satisfaction of a loan, without the prior written consent of YouCruit; provided, however, that these Terms of Use, any licenses hereunder, and all your rights and obligations under such, and any other Specific Terms of Service, and including the rights and obligations thereunder shall be freely assignable by YouCruit.
13. Changes Modifications; Terms of Use and Any Applicable Specific Terms of Service. YouCruit may change, revise, modify, add, or remove any of these Terms of Use and/or the terms of any Specific Terms of Service at any time by updating this posting with a "last updated" date. You should visit this posting from time to time to review the then-current Terms of Use because your continued use of our Website or the Services, including any Paid Services under any Specific Terms of Service, after any changes to these Terms of Use have been posted shall be deemed acceptance of any revised terms. You agree that we shall not be liable to you or any third party for any modification or discontinuance of any materials, features, products, prices, services, information, or the Website.
14. Miscellaneous. As used in these Terms of Use, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will”, “shall”, and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable.

YouCruit Terms of Use

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