Terms of Use
I. Visitor Code of Conduct
This website is owned and provided by FastLane Hires, LLC ("FLH" or "we" or "us") to provide information and services, including, but not limited to an online job board for
transportation and infrastructure careers ("website"). This Terms of Use Agreement ("Agreement" or "Terms") informs any person that accesses any portion of our website
("Visitor" or "You") of the terms that govern use of this website. FLH offers certain of its services through a third-party provider (for example, signing up for certain
job or candidate search services, processing of credit card payments, or blogging). When accessing those services, Visitor may be linked to a website that although branded
by FLH is operated by the third-party provider. Any person who makes use of those services offered through such third-party provider's website shall be considered a user of
that third-party provider's website and expressly agrees to be bound by that third-party provider's terms and conditions of use or service in addition to this Agreement and
that any information that you submit or that the website collects will be subject to the third-party provider's privacy policy.
Your access and use of this website indicates that you have read and understand the Terms and agree to be bound by this Agreement; if you do not desire to be bound by any of
these Terms or the Agreement, do not use this website. We may update or modify this Agreement from time to time by posting a revised Agreement on the FLH website. We may,
but are not required, to provide you with other notice such as by sending you notice via email or postal mail. All changes shall apply solely on a prospective basis. Your
continued access and use of the FLH website indicates that you have read and understand and agree to be bound to the revised Agreement. FLH retains the right to deny access,
in our sole discretion, to any Visitor for any reason, including for any violation of this Agreement and to restrict access to portions of our website to current FLH members
or authorized visitors only.
To take advantage of certain features of this website (for example, sections restricted to FLH members or online registration), we may require that you submit certain
personally identifiable information, including your name and personal contact information ("Personal Information"). All information gathered by FLH from Visitor by this
website will be governed by our Privacy Policy, which is incorporated into this Agreement by reference. In the event of conflict between the terms of this Agreement and FLH's
Privacy Policy, the terms of our Privacy Policy will prevail. Please carefully review our Privacy Policy to understand our practices regarding the collection, retention, use,
disclosure and destruction of Personal Information. As described in the Privacy Policy, certain third-party providers may require the submission of Personal Information
directly to them via an FLH-branded webpage hosted by the third-party provider. Those submissions shall be governed by the third-party provider’s terms of service and privacy
policy, as well as this Agreement.
Visitor is responsible for providing accurate, timely and complete information to us, our agents, affiliates, and third-party providers, in connection with Visitor's
participation and/or use of this website. Your status as a registered user and/or participation in our website activities may be canceled without notice if, at any time, we
discover that you provided false information or violated any term of this Agreement or our Privacy Policy as determined in our sole discretion. FLH, its affiliates, governing
board, officers, employees, members, and agents are not liable or responsible for any claims relating to any inaccurate, untimely, false or incomplete information provided to
us.
If necessary, and in accordance with applicable law, FLH will cooperate with local, state and/or federal governmental authorities as required or to protect our website,
visitors, affiliates, agents and third-party providers or to prevent unauthorized use of the site.
The failure of FLH to exercise or enforce any right or remedy or any provision of this Agreement shall not constitute a waiver of such right, remedy, provision or cause of
action.
II. Participation Eligibility
We will not knowingly collect Personal Information from visitors under thirteen (13) years of age for activities or features on our website. Upon discovery of the participation
of a person under thirteen (13) years of age in such activities, their registration or participation will be canceled immediately, and all Personal Information will be deleted
from our files.
Visitor may be required to select a password, user name, and/or other security item for certain website features. You are responsible for maintaining the confidentiality of your
password and any other registration or security information. You are expressly prohibited from allowing anyone other than yourself to use your password and other registration
information to access Materials on this site. You agree to immediately notify us of any unauthorized use of your password or other registration information and further agree to
indemnify and hold FLH, its affiliates, governing board, officers, employees, members, agents and any third-party providers harmless for any improper or illegal use of your password
or registration information.
Visitor may request changes, updates or deletion of certain information either by operation of this site or by contacting us via e-mail. If your e-mail address is canceled, becomes
inactive or inaccessible for an extended period of time, we may cancel your registration and delete all or part of your profile, to the extent allowed by law and in accordance with
our Security Measures noted below.
Any conduct that violates this Agreement, or any additional posted policies or requirements, in any way may result in the suspension or termination of Visitor’s registration and
access to the site, at FLH’s sole discretion, in addition to any other remedies.
III. Restrictions on Visitor's Use of Website Content ("Acceptable Use Policy")
This website contains content supplied by FLH and its affiliates and third-party providers, as well as other sources, and is protected by copyrights, trademarks, servicemarks,
patents, trade secrets, or other proprietary rights and laws. Content on this site may include inaccuracies or typographical errors; we are not responsible for such inaccuracies or
typographical errors. We have the right to make changes and update any content and/or information contained on this site without prior notice.
Except as expressly authorized by FLH, Visitor may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform,
edit, adapt or create a derivative work of, in any manner, any information, material, content or design elements obtained from this site, including code and software ("Material(s)").
Notwithstanding the above, Visitor may print or download the Material from this site only for personal or non-commercial use or for uses by registered users specifically permitted by
this Agreement or a third-party provider agreement (e.g., downloading or printing of candidate resumes by a potential employer that is engaged in a commercial enterprise), provided
that Visitor does not republish the Material and keeps intact all copyright, trademarks, servicemarks, patent and other proprietary notices.
Except as noted in the preceding paragraph, use of the Material for any purpose not expressly permitted in this Agreement is prohibited. As noted above, reproduction, copying, or
redistribution for commercial purposes of the Material on this site is strictly prohibited without the express written permission of FLH. Visitor is also prohibited from framing
FLH's website or linking to any other page except FLH's homepage without the express written permission of FLH. For information on requesting such permission, please send a written
request to FastLane Hires at 4800 Hampden Lane, Suite 200, Bethesda, MD 20814. Decisions to grant, deny, or not respond to, such requests for permission are within the sole
discretion of FLH.
You represent and warrant that you are the owner or otherwise have the right to provide any information or content (including pre-existing content) that you post, upload or transmit
for use in public or private areas on the website. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through our website. You
agree not to use this website to make available any content that:
- is false, fraudulent or misrepresents identity or personal information in any way;
- is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of other legal rights of any person;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, including but not limited to, downloading, reproducing, using, posting or distributing any music or other audio files, video, photographs, or other visual content or any article, publication or other content without the permission of the owner;
- contains unauthorized advertising or solicits other visitors;
- engages in theft or unauthorized use of funds, property or credit card or other personal information;
- is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware, Materials or other content on this website, including, but not limited to, intentionally releasing any virus, worm, or other harmful programming or item, engaging in any form of “denial of service” or similar attack;
- restricts, inhibits or otherwise interferes with the ability of another person to access, use or enjoy this website;
- misleads anyone as to your identity, including, without limitation, by pretending to be someone else, falsifying personal information or concealing your true identity;
- harvests or otherwise collects information about others, including, without limitation, email addresses; or
- that otherwise violates the prohibitions contained in other FLH policies.
If you believe in good faith that Materials or any information on this Website infringe on your copyright, you (or your agent) may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"), requesting that we remove or block access to the infringing content. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright. Notices and counter-notices should be sent to:
Lori Gale
FastLane Hires, LLC
4800 Hampden Lane
Suite 200
Bethesda, MD 20814
(887) 320-4111
Facsimile: (240) 482-3759
info@fastlanehires.com
IV. E-Mail
E-mail is an important communication method for our online visitors. The person in whose name the e-mail account is registered should generate any e-mail sent to us. E-mail users shall not mask their identity by using a false name or another person's name or account. We will use your e-mail address and the content of any e-mail for correspondence and visitor response purposes and as permitted by this Agreement and our Privacy Policy.
Any information (other than registration for our services), including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, that you provide to us via electronic communications, including but not limited to e-mail, shall be deemed to be non-confidential, and we assume no obligation to protect such information contained from disclosure. The submission of such information to us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas or the like by FLH, its affiliates or third-party providers for any purpose, and FLH, its affiliates, and third-party providers shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction.
V. Choice of Law and Forum
The FLH website originates and is located in the United States. By visiting this website, by using services offered through the website, or by providing information to us or to our third-party providers, you agree that your use of our website or the services provided therein, which may include transferring information from the country where you live to the United States, and this Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the State of Maryland, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.
VI. Access to Interactive Areas such as Chat Rooms, Bulletin Boards and Auditoriums FLH website may include interactive areas such as chat rooms, bulletin boards (also known as message boards), blogs or auditoriums (collectively identified as "Interactive Areas") where users can post information. Any submissions by Visitors to Interactive Areas will be public and posted in public areas on the website. We will not be responsible for any information or content posted by Visitors in these Interactive Areas. All postings shall conform to the FLH Acceptable Use Policy
VII. Third-Party Links
Our website may contain links and pointers to other sites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement by, or affiliation with, FLH, its affiliates, governing board, officers, employees, members, agents, or third-party providers of any third-party resources or content. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. FLH reserves the right, in our sole discretion, to terminate links with any third parties or other websites that we deem inappropriate or inconsistent with our website.
FLH contracts with third parties to maintain certain aspects of its website operations, provide services (e.g., blogging and job and candidate search services) and process electronic payments. Visitor agrees that FLH, its affiliates, governing board, officers, employees, members, or agents shall not be liable for issues or claims arising from Visitor’s use of those features supported by third-party providers, including but not limited to, processing of any payment, the security of any information including Personal Information, the use by the third-party of any information including Personal Information or the retention by such third-party of any information including Personal Information. When making a payment or registering for those features supported by third-party providers, you will be linked possibly through a webpage branded by FLH, to the third-party's website. Before providing any Personal Information (as defined by that third-party), we strongly encourage you to read the terms of use and privacy policy of that third-party. If you do not agree with any provision of either the third-party’s terms of use or privacy policy, do not submit any information and submit payment by postal mail or telephone. Should you submit electronic payment, you will hold FLH, its affiliates, governing board, officers, employees, members and agents, harmless from any claims, damages or costs arising therefrom in accordance with Section VIII.
VIII. Disclaimer of Warranties
THE INFORMATION ON OUR WEBSITE IS PROVIDED “AS IS.” FLH DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON OR THORUGH THE WEBSITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, FLH CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE.
NEITHER FLH, NOR ITS AFFILIATES, GOVERNING BOARD, OFFICERS, EMPLOYEES, MEMBERS, OR AGENTS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO VISITOR FOR ANY LOSS OR DAMAGE THAT VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD-PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITOR; (III) ANY OTHER CAUSE RELATING TO VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO RESUME OR EMPLOYMENT SUBMISSIONS, JOB OR CANDIDATE SEARCHS, OR PARTICIPATION IN INTERACTIVE AREAS OF THIS WEBSITE; (V) OR FROM VISITOR’S FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF FLH OR ANY THIRD-PARTY PROVIDER PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL FLH, ITS AFFILIATES, GOVERNING BOARD, OFFICERS, EMPLOYEES, MEMBERS, OR AGENTS BE LIABLE TO VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR COSTS, OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF FLH, ITS AFFILIATES, GOVERNING BOARD, OFFICERS, EMPLOYEES, MEMBERS, AGENTS, OR THIRD-PARTY PROVIDERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
PLEASE BE ADVISED THAT ONCE YOU LEAVE OUR WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR AFFILIATES AND THIRD-PARTY PROVIDERS. FLH, AND ITS AFFILIATES, GOVERNING BOARD, OFFICERS, EMPLOYEES, MEMBERS, AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR WEBSITE.
IX. Security Measures
Please review our Privacy Policy for information on our security measures and the protection of your personal information. While FLH maintains procedures to protect Personal Information, no such procedures can prevent all breaches and we cannot guarantee the safety of Personal Information. FLH, its affiliates, governing board, officers, employees, members, and agents, are not responsible for any resulting direct or indirect damages to any visitor for any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, or any other technical or other malfunction.
Agreement last modified May 31, 2009
© 2009 FastLane Hires, LLC. All Rights Reserved.