Terms of Use
Terms of Use
TERMS & CONDITIONS OF USE
DriverTalk, a community forum for drivers, is operated by CBDriver, a website app owned by Courierboard LLC, a Florida Corporation. For the purposes of these terms and conditions of use, the terms “DriverTalk”, “CBDriver”, “CBDriver.com”, and “Courierboard” all refer interchangeably to this Terms and Conditions of Use agreement for users of DriverTalk, a forum operated by Courierboard LLC.
Eligibility:
You must be 18 years of age or older, or the age of majority that is defined in your jurisdiction, whichever is older, to visit or use DriverTalk or CBDriver in any manner. By visiting DriverTalk and/or accepting these terms, you represent and warrant you have reached the age of majority in your jurisdiction, and you have the right, authority, and capacity to agree to and abide by these terms. You also represent and warrant to DriverTalk and CBDriver you will use this site in a manner consistent with any and all applicable laws and regulations.
Code of Conduct - User Content and Submissions:
You are solely responsible for your account information, and you agree that in submitting user content you will not impersonate any person, or submit any materials that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these terms.
By posting user content to any area of DriverTalk or an affiliated site, you automatically grant to Courierboard LLC an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, perform, display, and distribute such user content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such user content, and to grant and authorize sublicenses thereof (through multiple tiers).
DriverTalk is as a community forum and has no obligation to screen user content, communications or information in advance and is not responsible for screening or monitoring user content posted by users.
However, we may moderate, review and remove any user content that, in its sole judgment, violates these Terms, violates applicable laws, rules, or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of Users of any Courierboard site. DriverTalk reserves the right to expel users and prevent their further access to the site and services for violating the terms or applicable laws, rules, or regulations. Courierboard LLC may take any action concerning user content that it deems necessary or appropriate in its sole discretion if it believes that such user content could create liability for DriverTalk or Courierboard, damage our brand or public image, or cause us to lose (in whole or in part) the services of its ISPs or other suppliers.
DriverTalk does not guarantee that all postings will be published on its forum.
DriverTalk does not represent or guarantee the truthfulness, accuracy, or reliability of user content or any other communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
Prohibited Content:
The following is a partial list of user content that is prohibited on DriverTalk or any Courierboard site. The list below is for illustration only and is not a complete list of all prohibited user content. Content that:
• Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
• Contains restricted or password-only access pages, or hidden pages or images;
• Displays or links to pornographic, indecent, or sexually explicit material of any kind; including links to material that exploits individuals under the age of 18 in a sexual, violent or another manner, or solicits personal information from anyone under 18; or
• Provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
• Is offensive in any way, implicitly or explicitly, such as user content that engages in, endorses, or promotes racism, bigotry, discrimination, hatred, or physical harm of any kind against any group or individual;
To protect our Users from commercial advertising or solicitation, we reserve the right to restrict the number of e-mails that a User may send to other Users to a number that we deem appropriate at our sole discretion.
If notified by a user of user content or other materials which allegedly do not conform to these terms, we may in our sole discretion investigate the allegation and determine whether to take any other actions to remove or request the removal of the user content. DriverTalk and Courierboard has no liability or responsibility to users for the performance or nonperformance of such activities.
We welcome your comments and feedback regarding our services. None of the comments or feedback we receive shall subject DriverTalk or its affiliates to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any submission. DriverTalk (Courierboard LLC) shall own exclusively all now known or later discovered rights to the comments and feedback submissions and shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
DriverTalk User Restrictions:
Users may not use DriverTalk site in order to transmit, post, distribute, store or destroy material
(a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the 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 defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any Courierboard site, including without limitation, the following activities:
(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Courierboard site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”, or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail. Violations of system or network security may result in civil and/or criminal liability.
Courierboard will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses:
DriverTalk specifically prohibits any other use of and all users agree not to do any of the following:
(a) post any advertisements on DriverTalk;
(b) create a post or reply to a post contain hyperlinks, “hidden” keywords or keywords that are irrelevant to the topic or are otherwise misleading;
(c) post or submit to any DriverTalk or CBDriver site any incomplete, false or inaccurate biographical information or information which is not your own;
(d) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any Courierboard affiliated site;
(e) delete or revise any material posted by any other person or entity;
(f) take any action that imposes an unreasonable or disproportionately large load on DriverTalk or CBDriver’s infrastructure;
(g) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Courierboard site other than the search engine and search agents available from DriverTalk or CBDriver.com on such site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);
(h) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any DriverTalk or any Courierboard affiliated site'
(i) aggregate, copy or duplicate in any manner any of the DriverTalk content or information available from any Courierboard affiliated site, without express written consent from Courierboard LLC; or
(j) frame or link to any DriverTalk content or information available from any Courierboard LLC owned site.
DriverTalk does not necessarily monitor all materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact us at info@CBDriver.com
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, DriverTalk may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. DriverTalk has no liability or responsibility to Users for the performance or nonperformance of such activities.
DriverTalk Limitations of Responsibility
DriverTalk is a community forum for individuals involved in or interested in driving work opportunities and related topics.
DriverTalk does not moderate all content and is not responsible for any communication(s) you may have with other users of the DriverTalk forum and wants to highlight there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks associated with communicating with individual users with whom you come in contact through DriverTalk or other Courierboard sites.
By its very nature, other people's information may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using DriverTalk.
Because user authentication on the internet is difficult, DriverTalk cannot and does not confirm that each user is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on DriverTalk or any Courierboard site, if you have a conflict or dispute with one or more users, you release DriverTalk, and Courierboard LLC (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
The DriverTalk site and its content may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of any site or content. The use of all sites and the content is at your own risk. Changes are periodically made to the sites and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content, and accuracy any material contained therein placed by you on the DriverTalk or any Courierboard site.
Registration and Password:
You are responsible for maintaining the confidentiality of your account, you may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your registrations and passwords, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account. No third party may create an account for the individual listed on the account. By accepting these terms, you agree that you have created the user account on your own behalf.
Registration Information:
When you register you will be asked to create a DriverTalk account and provide DriverTalk with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used under DriverTalk’s and CBDriver.com’s privacy statement.
DriverTalk reserves the right to offer third-party services and products to you based on the preferences you identify in your registration and at any time thereafter; such offers may be made by DriverTalk, Courierboard or by third parties. Please see DriverTalk’s privacy statement, the terms of which are incorporated herein by reference, for further details regarding your Information. Without limiting any of the other disclaimers of warranty outlined in these terms, DriverTalk does not provide or make any representation as to the quality or nature of any of the third-party products or services purchased through DriverTalk or any other Courierboard site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty, or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
You understand and acknowledge that you have no ownership rights in your DriverTalk postings or content account. If you cancel your account, we do not guarantee that all of your posted information will be removed from the site and it may continue to be available for some period of time because of delays in propagating such deletion through Courierboard web servers or content indexed by various search engines. In addition, you acknowledge that your postings may have been copied or reproduced by any parties using DriverTalk and that those parties may retain cached copies of your Information over which we have no control.
Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others:
DriverTalk and its owner, Courierboard LLC, respects the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, copying, distribution, modification, public display, or public performance of copyrighted works constitutes an infringement of the copyright owner’s rights. As a condition to your use of DriverTalk, you agree not to use the intellectual property rights of others in any way. We will terminate the accounts of any Users, and block access to DriverTalk who are infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
Disclaimer of Warranty:
DriverTalk and CBDriver.com does not warrant that its sites will operate error-free or that any Courierboard site and its servers are free of computer viruses or other harmful mechanisms. If your use of any Courierboard site content results in the need for servicing or replacing equipment or data, DriverTalk, Courierboard LLC, and its affiliates are not responsible for those costs. DriverTalk and its affiliated Courierboard sites and are provided on an “as is” basis without any warranties of any kind. DriverTalk, to the full extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose, and non-infringement. DriverTalk and Courierboard makes no warranties about the accuracy, reliability, completeness, or timeliness of the DriverTalk content, services, software, text, graphics, and links.
Disclaimer of Consequential Damages:
In no event shall DriverTalk, its suppliers, or any third parties mentioned on a Courierboard LLC operated site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use any Courierboard content, whether based on warranty, contract, tort, or any other legal theory, and whether or not DriverTalk or Courierboard is advised of the possibility of such damages.
Limitation of Liability:
Courierboard LLC’s maximum liability arising out of or in connection with DriverTalk or any Courierboard affiliated site, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $100.
Links to Other Sites: DriverTalk and certain other Courierboard Sites may contain links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement by DriverTalk of the contents on such third-party websites. DriverTalk and Courierboard are not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these terms. You also agree not to make any unauthorized commercial use of any Courierboard affiliated Site.
Indemnity:
You agree to defend, indemnify, and hold harmless DriverTalk, Courierboard LLC, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any user content or other material you provide to any Courierboard affiliated Site, (ii) your use of any Courierboard site content, or (iii) your breach of the terms of these terms. Courierboard shall provide notice to you promptly of any such claim, suit, or proceeding.
General:
DriverTalk makes no claims that the DriverTalk content may be lawfully viewed or accessed outside of the United States. Access to the DriverTalk content may not be legal by certain persons or in certain countries. If you access DriverTalk or other U.S.-based Courierboard affiliated sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Palm Beach County, Florida. If any provisions of these terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect. No waiver of any term of these terms shall be deemed a further or continuing waiver of such term or any other term. In addition, DriverTalk and/or Courierboard LLC’s failure to enforce any term of these terms shall not be deemed as a waiver of such term or otherwise affect Courierboard LLC’s ability to enforce such term at any point in the future, except as expressly provided in an additional agreement, additional terms for certain areas of DriverTalk, a particular "Legal Notice," or software license or material on particular DriverTalk pages, these Terms constitute the entire agreement between you and Courierboard LLC concerning the use of DriverTalk. No changes to these terms shall be made except by a revised posting on this page.
Term and Termination:
These terms will remain in full force and effect while you are a user of DriverTalk at any level. DriverTalk and Courierboard LLC reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your user content from DriverTalk and other Courierboard sites and immediate termination of your registration with or ability to access DriverTalk and the other Courierboard LLC sites and/or any other services provided to you by DriverTalk upon any breach by you of these terms or if DriverTalk is unable to verify or authenticate any information you submit to DriverTalk’s site registration.
Use of DriverTalk Content:
The contents of DriverTalk, CBDriver.com/and all other web sites under Courierboard LLC control whether partial or otherwise (CBDriver.com, Courierboard.com, Drivv.com, and such other web sites are sometimes collectively referred to as (“Courierboard sites”) such as text, graphics, images, logos, button icons, software and other DriverTalk or CBDriver.com content (collectively, "Courierboard" content”) are protected under the United States and foreign copyright, trademark, and other laws. All Courierboard Content is the property of Courierboard LLC or its content suppliers or clients. The compilation (meaning the collection, arrangement, and assembly) of all content on the Courierboard sites is the exclusive property of Courierboard LLC and is protected by the United States and foreign copyright trademark, and other laws. Unauthorized use of the CBDriver.com content may violate these laws and is strictly prohibited.
You must retain all copyright, trademarks, service marks, and other proprietary notices contained in the original DriverTalk or CBDriver.com Content on any authorized copy you make of the DriverTalk or CBDriver.com content. You agree not to sell or modify the DriverTalk or CBDriver.com Content or reproduce, display, publicly perform, distribute, or otherwise use the DriverTalk content in any way for any public or commercial purpose, in connection with products or services that are not those of DriverTalk in any other manner that is likely to cause confusion among consumers, that disparages or discredits DriverTalk or its licensors, that dilutes the strength of DriverTalk or its licensor’s property, or that otherwise infringes DriverTalk or its licensor’s intellectual property rights. You further agree to in no other way misuse DriverTalk or CBDriver.com Content that appears on this site. The use of the DriverTalk or CBDriver.com Content on any other website or in a networked computer environment for any purpose is completely prohibited. Any code DriverTalk or CBDriver.com creates to generate or display any CBDriver.com Content or the pages making up any DriverTalk or CBDriver.com site is also protected by Courierboard LLC copyright and you may not copy or adapt such code.
These Terms constitute a binding agreement between you and Courierboard LLC and are accepted by you upon your use of DriverTalk.
This Agreement and Terms of Use of DriverTalk and other Courierboard LLC operated sites and services shall be governed by the laws of the state of Florida.
