Heavy Highway Job Board
TERMS OF USE
HVYHWY.com provides available jobs posted by companies in the construction industry on this website for information only and this information is not warranted to be complete, current and /or accurate. HVYHWY.com assumes no liability or duty to update or to send any update to users of its service nor does HVYHWY.com guarantee that users will receive a job that has been posted. No user may publish the information contained without receiving written authorization from HVYHWY.com
TERMS OF SERVICE
You acknowledge and agree that the following Terms of Service, including the Privacy Policy posted on this HVYHWY.com website ("Website"), shall govern your use of each and every page of this Website and the provision of both free and subscription-only information to you by or through the Website (the provision of subscription-only information is referred to as the "Service"). Your user agreement ("Agreement") with HVYHWY.com. ("HVYHWY" or "we," "us" or "our") will consist of these Terms of Service (including the Privacy Policy) and, if you subscribe or sign up as a user to the Service, the pricing, subscription features and other terms contained on the HVYHWY Subscription Signup pages of this Website applicable to the subscription you have chosen. HVYHWY reserves the right to change the terms of the Agreement at any time. Any such changes will be effective immediately upon posting to this Website, except that changes to subscription fees and features will become effective as to any existing subscriber upon completion of its then-current subscription term. You further acknowledge and agree that your continued use of the Website after such posting will be conclusively deemed an acceptance of, and agreement to be bound by, all such changes to the Agreement. For this reason, HVYHWY encourages you to periodically visit the Website and review the Terms of Service, Privacy Policy and, if applicable, the Sign-up page. Your only right with respect to any dissatisfaction with any revisions to the Agreement made in accordance with this paragraph is to cancel your subscription to the Service and discontinue your use of the Website.
Subscription Term, Fees and Charges
HVYHWY accepts payment for the Service by credit card only for EMPLOYERS only, the WORKER is not charged. You must provide HVYHWY with current, valid credit card account information at the time that you first subscribe to the Service. HVYHWY will then bill your credit card the total due for your initial payment, and then if you have chosen a month to month or monthly installment payment subscription plan, bill your credit card monthly thereafter for your monthly payments/installments. The available subscription plans and their terms, billing frequency and renewal/upgrade requirements are summarized as follows:
One Job Posting - Sign in and View
Unlimited Job Postings - Sign in and View
Unless the Service is terminated by you or HVYHWY as provided elsewhere in this Agreement, you agree to pay and authorize HVYHWY to charge the credit card you provided in the amount of the then-current subscription fee (or an installment portion thereof, as applicable) for the subscription term you have chosen in accordance with the schedule provided above. The current subscription fees for the various subscription plans may be found on the HVYHWY page when posting a job.
If any payment instrument you tender is dishonored or returned unpaid for any reason (including a credit card chargeback) by a financial institution, we will be entitled to collect from you a fee of $100 or such larger amount as may be permitted by applicable law.
If your account with HVYHWY is past due, your subscription and use of the Website is subject to interruption or termination as provided below, and HVYHWY may avail itself of all available collection remedies. You agree to reimburse us for fees of any collection agency we utilize, which may be based on a percentage of the debt, and for all costs and expenses, including reasonable attorneys' fees, we incur in such collection efforts.
Termination and Non-Renewal
If you wish to terminate or not renew your subscription for the Service, you may do so at any time by texting or emiling with RECEIPT to HVYHWY contact information listed in the footer of the site. HVYHWY will provide an e-mail confirmation of your termination or non-renewal to the address you designated when subscribing to the Service.
Any notice of non-renewal will be effective at the end of your then-current subscription term. Any notice of termination will also be effective at the end of your then-current subscription term unless, in connection with one- or two-year subscription plans involving monthly installment payments, you indicate that you wish to make the cancellation effective immediately. In that case, immediate cancellation will be conditioned upon payment of the term of the subscription. HVYHWY will not issue prorated refunds of subscription fees already paid. If you undertake any action or fail to take any action in breach or contravention of this Agreement, including failure to make any required payment when due, HVYHWY may immediately and without notice terminate this Agreement with you and/or block or prevent your access to the Website.
Intellectual Property Ownership
All information and content contained on or in the Website, including but not limited to text, images, video, audio and data are owned by and proprietary to HVYHWY, In addition, ALL users agree to not emulate, copy HVYHWY proprietary features its vendors and/or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to HVYHWY, its vendors and/or licensors. Except as otherwise specifically stated in this Agreement, you may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or make any other use of the information or content of this Website. Any unauthorized use by you may subject you to penalties or damages. HVYHWY will enforce its intellectual property rights to the full extent of the law. Your subscription and or trial to the Service is for your own use, and any sharing of your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited. You are responsible for every instance in which your account information, login, passwords, or the information, content and data provided by the Service is used by someone other than you, and HVYHWY reserves the right, and you hereby authorize HVYHWY, to charge your credit card an additional monthly fee for such use in violation of this no-sharing policy. Access to the Service through the use of a specific user name and password will be terminated if there is an attempt to establish concurrent access to the Service using the same user name and password.
Use of Website
You may not use the Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the Website or any of its content for in order to compete in any manner with HVYHWY nor may you resell or redistribute Website content without prior express written consent of management of HVYHWY. The user of the Website may not attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website without prior express written consent of management of HVYHWY. You may not use the Website to obtain or attempt to obtain through any means any materials or information on the Website that has not been intentionally made publicly available either by public display on the Website or through accessibility by a visible link on the Website. You may not use the Website in a manner that would violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password mining or any other means. The user of the Website may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. The user of the Website may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the Website, any activities conducted on or through the Website or any servers or networks connected to the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website. HVYHWY reserves the right to limit the number of postings, contacts and companies that can be viewed during any given time period. HVYHWY reserves the right to validate business authenticity as needed or required to support proper use of the Website.
Notice of Copyright Infringement
If you believe that information or content contained on this Website infringes on your copyrighted work, please notify the HVYHWY copyright agent at the following address:
Your notice to our agent must be in writing and must include:
• Identification of the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number, and email address; and
• Your physical or electronic signature.
HVYHWY will remove any infringing material, subject to the procedures outlined in the Digital Millennium Copyright Act. No Confidentiality or Use Limitations for Submitted Information. You acknowledge and agree that any communication or material you transmit to this Website (other than billing and credit card information which will be treated as described in the "Secure Server Pages / Online Application Pages" section of this User Agreement), in any manner and for any reason, will not be treated as confidential or proprietary information and that any such communications or other materials you transmit to this Website may be used by HVYHWY for any reason whatsoever at any time without notice to you. You further acknowledge and agree that if HVYHWY decides, in its sole discretion, to use or revise the materials, we may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to you.
Secure Server Pages / Online Application Pages
Some of the pages on the Website requiring information are certified as Secure Sockets Layer (SSL) pages as designated. HVYHWY appreciates the importance of providing a secure environment on its Website for the purpose of providing billing and credit card information to process orders and subscription applications, and will take all reasonable and customary steps to protect the information of that type that you provide. Please use all means to protect your personal information, particularly if you are using a shared computer. An application to subscribe to the Service may be submitted in paper form as well as online through the Website. If you submit an application in paper form, it must be signed and it will be deemed to incorporate any supporting documents and disclaimers on this Website that apply to online applications. If there is any conflict or inconsistency in terms between any online document and a subsequently submitted signed document, the conflict shall be resolved by relying on the document which is actually signed. Subscription applications submitted on this Website are considered "pending acceptance and approval" and are not complete until a confirmation of approval and acceptance has been sent by HVYHWY. In the event an application cannot be accepted, any payment made shall be refunded or credited to the credit card account within a reasonable period.
Use of this Site at Own Risk
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND OF THE SERVICE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR ACCESS TO, USE OF OR BROWSING IN THIS WEBSITE OR FROM YOUR DOWNLOADING AND/OR USE OF ANY FILES, MATERIALS, TEXT, DATA, IMAGES, VIDEO OR AUDIO ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, OR THE FAILURE OF ANY INTERNET SERVICE PROVIDER.
Disclaimer of Warranties
You acknowledge and agree that HVYHWY will make reasonable efforts to ensure that the content and information provided by the Service is correct and based upon current information. EXCEPT AS EXPRESSLY SET FORTH IN THIS USER AGREEMENT, OUR WEBSITE (INCLUDING ALL WEBSITE CONTENT, SOFTWARE, AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS-IS AND AS-AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THAT PURPOSE HAS BEEN DISCLOSED), TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. HVYHWY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT OUR WEBSITE, INCLUDING THE SERVER(S) ON WHICH OUR WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liabilities
UNDER NO CIRCUMSTANCES SHALL HVYHWY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, INCLUDING THE CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE BE LIABLE FOR LOSS OF REVENUE OR PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, DAMAGES FOR PERSONAL INJURY OR DEATH, OR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF HVYHWY HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT WILL HVYHWY's LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO HVYHWY, REGARDLESS OF THE FORM OF CLAIM.
Indemnification
You agree to indemnify and hold harmless HVYHWY, its officers, directors, agents and employees against any asserted claims or suits made by any third party for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys' fees) arising from or relating to:
1. any actual or alleged breach of this Agreement by you and
2. any content, data or material that you submit, post or otherwise provide to HVYHWY or on this Website.
Unlawful Content and Behavior
You acknowledge and agree that you will not post or transmit to this Website any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that HVYHWY or other parties may be involved in creating, producing or delivering this Website, may monitor or review transmissions, postings, or discussions, HVYHWY assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
Links to Other Websites
You acknowledge and agree that although this Website may be linked to other websites, HVYHWY neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with any linked website, unless otherwise specifically stated in this Website. HVYHWY has not reviewed all websites linked to this Website, is not responsible for the content of any other website linked to this Website, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by you to any other websites is at your own risk.
Application of Laws
You acknowledge and agree that although the information and materials on the Website may be read throughout the world, this Website is designed and intended for use in the United States, and that your use of this Website and this Agreement generally will be governed by the laws of the State of Illinois applicable to contracts made and performed there without regard to its conflicts of law principles. If you access this website from another country, you are responsible for compliance with any and all applicable local laws. If the information and materials in the Website do not conform to the laws of the country where you access the Website, the information is not meant for you. HVYHWY makes no representation that the information and materials contained in this Website are appropriate outside the United States. You agree that in the event that any dispute arises under this Agreement or in connection with your use of this Website or the Service, the laws of the State of Illinois shall apply without regard to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in Maricopa County, Arizona and further agree that the states and federal courts located in Maricopa County, Arizona shall be the exclusive venue for the resolution of any dispute between HVYHWY and you.
Entire Agreement
This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. In addition, ALL users agree to not emulate, copy HVYHWY proprietary features.
No Waivers
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of HVYHWY.
Severability
If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.
Misc
-This site does not guarantee the user a job position nor does this site guarantee user will find a employee using the site.
-If user signs up for the unlimited job posting plan, they agree to pay each month for a year's time. If user would like to unsubscribe, they agree to pay the remaining balance to complete the year agreement.