Terms and Conditions

This Web site is offered to you, conditioned upon your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms and Conditions, you may contact us at (800) 929-4979 or . We may amend these Terms and Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These Terms and Conditions were last updated on 12/22/2009.

1.      DRIVERNOW SERVICES

At DriversNow we are committed to making your total DriversNow experience a positive one. DriversNow is a matching service that makes it possible for people who need transportation services to find local qualified drivers with or without vehicles.

We do not guarantee that we will be able to match every driver with a job or that there are drivers/owner operators that are available, capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our registered drivers and job posters we make no guarantees or representations regarding the skills or representations of such individuals or the quality of the job that he or she may perform for you if you select to retain their services. DriversNow does not endorse or recommend the services of any particular job poster, driver or owner operator. It is entirely up to you to enter into a direct contract or otherwise reach agreement with your selected match after the match offer has been selected by both parties (driver/owner operator, job poster), and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The drivers, owner operators, job posters are not employees or agents of DriversNow, nor is DriversNow an agent of the said parties. DriversNow does not employ drivers/owner operators, and is not responsible for, any of the services requested in a job posting or information provided in the driver/owner operator profile. Your rights under contracts you enter into with job posters, drivers and owner operators are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.

Should you have a dispute with any job posters, drivers and owner operators, you must address such dispute with the job posters, drivers and owner operators directly, AND YOU HEREBY AGREE TO RELEASE DRIVERNOW (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE DRIVERNOW MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEAINGS WITH DRIVERNOW.

2.      INFORMATION YOU PROVIDE TO US

Upon using DriversNow services, you will be prompted to disclose certain information about yourself, your company, vehicles, requirements, availability, qualifications, and you will be able to store information, such as jobs posted, accepted matches etc on our Web site. Some of this information will be sent to job posters, drivers and owner operators who will need this information to respond to you or to other persons or entities in connection with your business. By providing this information to us, or by submitting a job posting or driver / owner operator profile, you are requesting, and you expressly consent to being contacted by us and job posters, drivers and owner operators and providers via phone, fax, e-mail, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related e-mails. You agree that by creating a profile as job posters, drivers and owner operators, you are entering into a business relationship with DriversNow and its partners and thus agree to be contacted by DriversNow and/or its partners.

You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or DriversNow has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DriversNow has the right to refuse any current or future use of DriversNow services (or any portion thereof) by you. You agree that feedback you leave on other parties can be used by DriversNow for promotional purposes without revealing your identity. You are responsible for any use of the DriversNow services by persons to whom you intentionally or negligently allow access to your password.

3.      NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE

Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the DriversNow server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of DriversNow. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be persecuted to the maximum extent possible. Documents specified above do not include the design, or layout of the DriversNow Web site or any other DriversNow owned, operated, licensed or controlled site. Elements of DriversNow Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any DriversNow Web site may be copied or retransmitted unless expressly permitted by DriversNow.

DRIVERNOW AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DRIVERNOW AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE DRVIERSNOW WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DRIVERNOW AND/OR ITS RESPECTIVE SUPPLIERS MAY MADE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

4.      LINKS TO THIRD PARTY SITES

The links in the DriversNow site will let you leave the DriversNow site. The linked sites are not under the control of DriversNow and DriversNow is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. DriversNow is not responsible for webcasting or any other form of transmission received from any linked site. DriversNow is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DriversNow of the site.

5.      DRIVER BACKGROUND SCREENING PROCEDURES AND DISCLAIMERS

All drivers have to pass a thorough background check on annual basis. All commercial operators undergo background check when they apply or renew their license by the state.

Identity Verification. DriversNow uses 3^rd party data sources to verify that driver's social security number is valid and matches his/her name and date of birth.

Criminal and Arrest Warrants Records Search. DriversNow uses 3^rd party data sources to conduct a national criminal search for any relevant criminal activity and arrest warrants associated with the driver.

Government Terrorist Watch List. DriversNow complies with regulations of US Office of Foreign Assets Control (OFAC) and screens drivers to make sure they are not on the government terrorist watch list.

Sex Offender Search.We conduct National Sex Offender check on drivers to confirm that there is no a match based solely on the name and date of birth of the driver.

The above procedures may change from time to time at the sole discretion of DriversNow. DriversNow believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that drivers are appropriately licensed, free of significant state-legal civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, DriversNow advises consumers to check these matters for themselves especially at future dates. DriversNow does not represent or warrant that the information received from national, state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that DriversNow checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

DISCLAIMER: DRIVERNOW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE BACKGROUND SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE BACKGROUND SCREENING PROCESS OF DISCLOSURES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

6.      INDEMNIFICATION

YOU AGREE TO INDEMNIFY DRIVERNOW, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE DRIVERNOW SERVICES OR IN CONNECTION WITH THE DRIVERNOW WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

7.      GENERAL PROVISIONS

It is expressly understood that DriversNow is not an employment agency or employer of drivers and no employment contract is entered into with Drivers Now LLC. DriversNow is simply a matching service.

Insurance and insurance liability is the responsibility of the drivers, the owner/operators and the job posters which are to be serviced.

DriversNow has the right to review all message content, edit and remove unauthorized content.

DriversNow does not guarantee the information provided by the drivers job posters or owner/operators and acceptance of a match is at their sole discretion and responsibility.

After the match has been accepted by all parties, DriversNow will release the contact information and the remaining job details to both parties. It is than the responsibility of these parties to contact each other and finalize the hiring process.

In the event job poster hires a owner-operator with a commercial vehicle and later cancels the job, owner-operator will receive a store credit for convenience fees paid for that job. The store credit will used to pay for the next job owner-operator gets.

DriversNow has the permission to display the driver abstract to employers looking to the use driver. Employers understand they need to carry proper licenses for transporting passengers and it is the responsibility of the employers hiring the driver to confirm this information with each other after accepting the match and receiving each others contact information.

All drivers without any preference are notified and have access to posted jobs that match their profile and availability. However, only top drivers who passed background check screening and have more positive feedback and experience are shown to the job poster.

We do not guarantee that the information provided by any party is correct and up to date. It is recommended that the companies, drivers and owner/operator use messaging options to contact each other, and it is their responsibility to confirm that all information is current.