Terms of Use

The Grim Truth at Toll Group is a project developed by the International Brotherhood of Teamsters and the Transport Workers  Union [the Unions]. This page states the “Terms of Use” under which you may access the Unions website. By accessing the Unions’ website, you are indicating your acceptance to be bound by the provisions of these Terms of Use. If you do not accept the Terms of Use stated here, do not access the site. The Unions may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use because they are binding on you. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing this website for any reason.

1. Eligibility.

By accessing the Unions website, you represent and warrant that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant that you will use the website in a manner consistent with any and all applicable laws and regulations.

2. Site Restrictions.

You may not use the Unions website to submit, transmit, distribute, store or destroy material, including without limitation, this website’s 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 reveal confidential information or otherwise violate the third-party proprietary rights without permission, or (c) in a manner that is profane, defamatory, violent, obscene, threatening, abusive or hateful or is potentially libelous or inflammatory.

You also are prohibited from violating or attempting to violate the security of the Unions site, including, without limitation, the following activities: (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (b) attempting to interfere with communication to any user, host or network, including, without limitation, via means of submitting a virus to this or any Union site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; or (c) solicitation or advertisement. Violations of system or network security may result in civil or criminal liability. The Unions 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.

3. Use of Submissions.

Submissions may be used by the Unions for any purpose in any form without the permission of the submitter and without any consideration apart from participation in accordance with these Terms of Use.

By providing submissions to the Unions, you are:

(a) Giving the Unions the non exclusive right to use your name, voice, appearance and likeness, as well as any additional information you have provided about yourself, in any material prepared by or for the Unions in any form or media, now known or hereafter devised, in all languages throughout the world.

(b) Giving the Unions a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display your submission in connection with the Unions website and the Unions’ activities, including without limitation for promoting and redistributing part or all of the Unions website (and derivative works thereof) in any form or media, now known or hereafter devised, in all languages throughout the world.

(c) Agreeing and representing that, unless you are the owner of such rights or have permission from the rightful owner, you have not submitted material that (a) is copyrighted or protected by trademark or trade secret or other intellectual property rights of others; (b) violates the privacy, publicity or other personal rights of others; or (c) reveals confidential information or otherwise violates the third-party proprietary rights of others.

(d) Agreeing and representing that you have not submitted material that is profane, defamatory, violent, obscene, threatening, abusive or hateful or is potentially libelous or inflammatory.

(e) Affirming, representing and/or warranting that you own or have the necessary licenses, rights, consents and permissions to use and authorize the Unions to use all patent, trademark, trade-secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions in the manner contemplated by these Terms of Use.

The Unions reserves the right to not post submissions and to remove submissions without prior notice, at the sole discretion of the Unions.

4. Disclaimer of Warranty.

The Unions do not warrant that the Unions website will operate error-free or that the servers are free of computer viruses or other harmful mechanisms. If your use of the website results in the need for servicing or replacing equipment or data, the Unions are not responsible for those costs. In no event shall the Unions 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 the site, whether based on warranty, contract, tort or any other legal theory, and whether or not the Unions are advised of the possibility of such damages. The Unions to the fullest extent permitted by law disclaim all warranties, whether express or implied, in connection with the website and your use thereof.

The Unions make no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any direct or indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes or inaccuracies of content, (2) personal injury or property damage of any nature whatsoever resulting from your access to or use of the Unions websites, (3) any unauthorized access to or use of the Unions secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Unions website, (5) any bugs, viruses, Trojan horses or the like, which may be transmitted to or through The Unions websites by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via the Unions website. The Unions shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with you.

 5. Indemnity.

You agree to defend, indemnify and hold harmless the Unions, its officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Unions website for the purpose of accessing information and from making submissions to the Unions website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Unions website.

 

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