Terms

This page states the terms and conditions (the “Terms and Conditions”) under which you may use Top-Trucker.com (the “Web Site”) and additional services. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Web Site and service. By using this Web Site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Top-Trucker and its affiliated companies (“Top-Trucker”) may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Web Site for any reason.

Use of Web Site Content.

Top-Trucker authorises you to view and download a single copy of the material on the Web Site solely for your personal use.
The contents of this Web Site and of all other websites under Top-Trucker’s control whether partial or otherwise (the Web Site and such other websites are sometimes collectively referred to as “Top-Trucker Sites”) such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, “Web Site Content”), are protected under European and other copyright, trademark and other laws. All Web Site Content is the property of Top-Trucker or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Top-Trucker and protected by copyright laws. Unauthorised use of the Web Site Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that Top-Trucker creates to generate any Web Site Content or the pages making up any Top-Trucker Site. It is also protected by Top-Trucker's copyright.

Acceptable Site Use.

General Rules: Users may not use the Web Site in order to display, transmit, distribute, store or destroy material including, without limitation, Web Site Content, (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, or may in our judgment be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person.
Users are prohibited from violating or attempting to violate the security of any Top-Trucker Site including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised 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 authorisation, (c) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus to any Top-Trucker 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 or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Top-Trucker will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses.
Top-Trucker Sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Top-Trucker specifically prohibits any use of any Top-Trucker Site, and all users agree not to use, or allow any party under their control to use, any Top-Trucker Site, for any of the following:


Using the Top-Trucker CV database (Driver Database) for any purpose other than as an employer seeking employees for specific live jobs including, but not limited to, using the information in the CV database to sell or promote any products or services or to source people to join a franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of a Top-Trucker Site.
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with the proper working of any Top-Trucker Site or any activity being conducted on this Web Site.
Taking any action which imposes an unreasonable or disproportionately large load on any Top-Trucker Site's infrastructure.
If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.
Notwithstanding anything to the contrary contained herein, using or attempting 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 Top-Trucker Site other than the search engine and search agents available from Top-Trucker on  such Top-Trucker Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of  any Top-Trucker Site.
Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any Top-Trucker Site.
Framing of or linking to any of the Web Site Content or information available from any Top-Trucker Site.
Posting jobs which require the applicant to provide information relation to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life.

User Information.

When you register for the Web Site, you will be asked to provide Top-Trucker with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that Top-Trucker may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Top-Trucker will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Top-Trucker reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Top-Trucker or by third parties.

User Submissions.

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using any Top-Trucker Site you agree not to, do the following things: post material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Top-Trucker does not warrant that translations of user-submitted information made by Top-Trucker will be error-free.
Top-Trucker does not represent or guarantee the truthfulness, accuracy or reliability of 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.

Top-Trucker acts as a passive conduct for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Top-Trucker may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Top-Trucker has no liability or responsibility to users for performance or nonperformance of such activities. Top-Trucker reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. Top-Trucker may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Top-Trucker or may cause Top-Trucker to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of any Top-Trucker Site, including message boards, forums, contests and chat rooms, you grant Top-Trucker and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in 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. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
We appreciate hearing from our customers and welcome your comments regarding our services and the Top-Trucker Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively the "Submission"), the Submission shall be the property of Top-Trucker. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Top-Trucker shall own exclusively all now known or later discovered rights to the Submission 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 who submitted the Submission.

Registration and Password.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration whether or not authorised by you. You agree to immediately notify Top-Trucker of any unauthorised use of your registration or password.
Notification Of Claimed Copyright or Trademark Infringement.
If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any Top-Trucker Site and is accessible on such Top-Trucker Site in a way that constitutes copyright or trademark infringement, please don´t hesitate to notify the management. Any violation of your rights will be cleared immediately.


Confidentialy

Should any confidential information whatsoever regarding one party’s business be acquired by the other party in the course of Service Provider providing the Services, such confidential information shall not be divulged to unauthorised third parties without the prior written consent of the disclosing party.

Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others. Top-Trucker respects the intellectual property of others and we ask our users, account holders and content partners to do the same. The unauthorised reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this Web Site, you agree not to use the Web Site or any other Top-Trucker Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders and block access to our Web Site and/or the other Top-Trucker Sites of any users who repeatedly infringe the copyright 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 account holder who is terminated or to the user whose access is blocked.

Top-Trucker's Liability.

Top-Trucker Sites are only a venue. This Web Site acts as a venue for employers to post job opportunities and candidates to post CV's and does not screen or censor the listings offered. Top-Trucker is not involved in the actual transaction between employers and candidates. As a result, Top-Trucker has no control over the quality, safety or legality of the jobs or CV's posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that 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 pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site and/or the other Top-Trucker Sites.
Because user authentication on the Internet is difficult, Top-Trucker 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 behaviour of participants on any Top-Trucker Site, in the event that you have a dispute with one or more users, you release Top-Trucker (and our agents and employees) from claims, demands and damages (actual and consequential, 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.
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site and the other Top-Trucker Sites. By its very nature, other people's information may be offensive, harmful or inaccurate and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using this Web Site and/or the other Top-Trucker Sites.
The Web Site Content may contain inaccuracies or typographical errors. Top-Trucker makes no representations about the accuracy, reliability, completeness or timeliness of the Web Site or the Web Site Content. The use of the Web Site and the Web Site Content is at your own risk. Changes are periodically made to Top-Trucker Sites and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any CV or material contained therein placed by you on the Top-Trucker Sites. Employers are solely responsible for their postings on the Top-Trucker Sites.
Top-Trucker is not to be considered to be an employer with respect to your use of Top-Trucker Sites and Top-Trucker shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any Top-Trucker Site.

Top-Trucker DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY Top-Trucker SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TOP-TRUCKER IS NOT RESPONSIBLE FOR THOSE COSTS.
THE Top-Trucker SITES AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TOP-TRUCKER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES OR ANY TOP-TRUCKER SITE OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS THEREOF. Top-Trucker MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, WEB SITE, WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

Disclaimer of Consequential Damages.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Top-Trucker, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON ANY Top-Trucker SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY Top-Trucker SITE AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Top-Trucker IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites.

The Web Site and certain other Top-Trucker Sites contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Top-Trucker of the contents on such third-party web sites. Top-Trucker is 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 Unauthorised Commercial Use.

You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorised commercial use of any Top-Trucker Site.

Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, THE COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY Top-Trucker SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED EURO ONEHUNDRED.

Termination.

Top-Trucker reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and other Top-Trucker Sites and/or immediate termination of your registration with or ability to access the Web Site and other Top-Trucker Sites and/or any other service provided to you by Top-Trucker, upon any breach by you of these Terms and Conditions or the terms and conditions of any Top-Trucker Site or if Top-Trucker is unable to verify or authenticate any information you submit to the Web Site registration or other Top-Trucker Site registration.

Indemnity.

You agree to defend, indemnify and hold harmless Top-Trucker, its 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 material you provide to a Top-Trucker Site, (ii) any Web Site Content that you use or (iii) your breach of the terms of these Terms and Conditions. Top-Trucker shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

General.

Top-Trucker makes no claims that the Web Site Content may be lawfully viewed or downloaded outside of Germany. Access to the Web Site Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of Germany, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the law of Germany. Jurisdiction for any claims arising under this agreement shall lie exclusively with the Court at D-55411 Bingen/Germany. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice" or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and Top-Trucker with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Additional Terms of Use.

Certain areas of this Web Site and the other Top-Trucker Sites are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Thank you for using Top-Trucker.

Update effective 8 October, 2007


(C) 2006 - All rights reserved

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