Driver Pulse by Tenstreet

Driver Pulse Terms of Use

Welcome to Driver Pulse.  PLEASE READ these Terms of Use carefully.  These terms are a legally binding contract between you and Tenstreet.  By downloading, accessing, or using the Driver Pulse mobile application ("App") you confirm that you have read and agree to the following terms and conditions ("Terms").  If you do not agree to these Terms, you may not access or use the App or Services.

In these Terms, "we," "us," or "Tenstreet" refers to Tenstreet, LLC and its affiliates, directors, offices, employees, agents, contractors, attorneys and insurers.  The terms "you," "your" refers to you.  The terms "jobs," "hiring," and "employment," refer to any type of engagement you may have with a participating company including, but not limited to, employment, contracting, lease arrangements, or other agreement.

1.	Driver Pulse App Services

The purpose of this App is to connect drivers with carriers, provide certain services to drivers, provide a space for drivers to share their experiences, receive training, and create greater efficiencies in the hiring process.  Through this App, you will have access to services including, but not limited to, the following ("Services"):
You can follow the status of applications you submit to participating companies, allowing you to make better-informed decisions for employment and keep track of employment opportunities in real time.
You can receive alerts that a participating company you have applied to has received or processed your application further.
You can communicate with participating companies regarding any application you submitted.
You can fill out and submit applications to participating companies.
You can search for participating companies and the available jobs each of those companies have posted.
You may indicate interest in employment with a participating company by clicking "like."
If you submit an application to a job board site and your application is sent to a participating company, you can be notified through the App.
You can request that applications not be processed by participating companies by clicking "block."  This may apply if you submit an application to a job board but do not desire to work for a particular company or if you decide during the hiring process that you are no longer interested in pursuing employment with a particular company.  The participating company will be notified of your request that they not contact you.  However, we cannot guarantee that a specific company will cease contacting your or cease their attempts to recruit you for employment.
You may view and complete Tenstreet's proprietary Pulse Training content.
You may view and find services such as fuel prices and parking near you. 
You may subscribe to True Fuel to optimize and increase performance around fuel efficiency, receive useful fuel analytics, and receive useful coaching for better fuel efficiency. 
You may connect with other drivers through Pulse Connect to message and share your experiences with them or seek information about their experiences. 
You may use Pulse Wallet to receive rewards and participate in rewards programs including the redemption of points for gift cards and other Rewards, pursuant to the Tenstreet Driver Rewards Program Terms and Conditions found here: https://www.tenstreet.com/driver-rewards-terms-conditions/?aff=FW-SCL-HomePage
You may connect to the FMCSA Drug and Alcohol Clearinghouse to consent to full queries that carriers have placed as well as to check updates and the status of any Clearinghouse queries from carriers. 
You may connect with Drivers Legal Plan (DLP) a national law firm dedicated to protecting the rights of truck drivers and assisting with tickets and traffic violations.  

2.	Your Commitments

By using the Driver Pulse App and the Services offered therein, you understand and agree to the following:
When you input information through this App, you consent to provide that information to Tenstreet and any participating company with which you choose to apply and/or share the information.
Not all companies to which you apply for employment may participate in Tenstreet's services.  If they are not participating companies, then this App cannot provide the Services with them.
The job postings and information relating to the jobs in this App rely totally upon the information provided by each participating company.  As such, Tenstreet cannot guarantee the validity of the information posted by each participating company.  You agree not to assert, and hereby release Tenstreet from, any claim arising from the information posted by a participating company including without limitation that such information is inaccurate or not up-to-date.
You must be at least 18 years of age.
You must not have been previously disabled from your account for a violation of these Terms or for a violation of law.
You may only have one account.  You cannot impersonate someone else or provide information through this App regarding anyone other than yourself.  If you do, your user access will be disabled.
You are solely responsible for your conduct in the use of this App and your communication through this App.
Your use of this App is subject to all applicable laws and regulations.
You will not attempt to use the App illegally while driving or in any way that will interfere with the due course of driving.  You will always driving vigilantly and in accordance with traffic laws and current road conditions.  It is forbidden to use the App or any Service in any way that distracts you and prevents you from obeying traffic or safety laws.   
You will not do anything unlawful, misleading, fraudulent, for an illegal or unauthorized purpose, or that could give rise to criminal or civil liability through your use of this App.  You will not encourage others to do anything unlawful, misleading, fraudulent, or that could give rise to criminal or civil liability to the use of this App. 
You will not engage or encourage others to engage in in any conduct that is threatening, abusive, harassing, violent, obscene, vulgar or offensive.
You will not use the App in any way that poses a risk to a person's safety, security, or health. 
You will not identify other persons or disclose their personal information without obtaining such person's express permission.  As it pertains to minors, you will not identify minors, or their personal information, including their name, age, address, or contact information. 
You will not use the App or the Service in any way that is defamatory, libelous, or invades the privacy of others. 
You will not use the App or the Services in any way that is characterized by, or that encourages racism, sexism, or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, sexual orientation, illness, or physical or mental disability. 
You will not do anything to interfere with or impair the intended operation of the Services or Tenstreet's platform of technology.
You understand that even though this App is free, your standard data charges through your communication vendor will apply. You are responsible for those charges, if any.
You will not provide your login and password information to anyone or to unauthorized individuals.  You release Tenstreet from any claim, damages, or dispute which may arise if a person other than you is able to use the App to view information on your device or was able to read any information submitted by you to a participating company, or information supplied by a participating company to you.
You will not send false or fraudulent applications.
You will not i) resell the Services, ii) offer the Services to third parties or offer services of your own that use the Services, iii) offer the Services to the public; or iv) connect, integrate, or otherwise use the Services your own service, without the prior written consent of Tenstreet. 
You may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, indexing, or the use of robots, bots, spiders, or other automated means in any way in connection with the Services.    
You may not copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the App, the Services, or the content therein.  
You may not interfere with or violate any third party or other user's rights, including their right to privacy, copyrights, or other intellectual property rights. 
You may not transmit or otherwise made available in connection with the Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage the operations of Tenstreet or any hardware, software, equipment, network or otherwise.  
Use the App or the Services for any illegal, immoral, or unauthorized purpose. 
Tenstreet may remove any content or information you share on this App, and even delete your account, if we believe that it violates these Terms, or any state, local, or federal law.
You assume all risks and all costs associated with your use of this App.
Tenstreet may update, modify, change or terminate this App at any time with or without notice.  Further, any changes to the methods used to provide the Services to you, may require you to make necessary changes to maintain a working connection to the Services, at your sole cost.  Tenstreet is not obligated to provide any maintenance, technical or other support for the Services.
Any violation by you of these Commitments may result in removal of your content, account restrictions, and/or termination of your Pulse App in Tenstreet's sole determination.   

3.	Communication

Through this App, you and participating companies may communicate through push notifications, messaging, or text messaging.  You understand and acknowledge that by using this App you consent to receive push notifications or other messages through the App.  You further acknowledge that by providing your phone number you expressly consent to receive text messages unless and until you opt out by replying STOP.  To provide this service, we may employ automated dialing and monitoring devices or techniques to provide communication services to you and to the participating companies.  You understand and acknowledge that the participating companies are the initiators of any push notification, message, or text message and that we are merely the transmitter.  We make every effort to ensure compliance with the Telephone Consumer Privacy Act as well as the Electronic Communications Privacy Act.  However, we will not be liable for communication by a participating company or by you, which is in violation of any law.

4.	NO WARRANTY, DISCLAIMERS, AND LIMITATIONS OF LIABILITY

NO WARRANTY
TENSTREET AND ITS AFFILIATES, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTY ABOUT THE SERVICES AND SOFTWARE PROVIDED HEREUNDER , INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE APP WILL MEET OR CONTINUE TO MEET THE SPECIFICATIONS, OR THAT ANY OR ALL ERRORS, MALFUNCTIONS AND DEFECTS CAN AND WILL BE CORRECTED.   ALL CORRECTIONS, PROGRAMS, AND INFORMATION SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEXT EXTENT PERMITTED UNDER APPLICABLE LAW, TENSTREET AND ITS AFFILIATES DISCLAIM ALL  WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OF THE COMPUTER PROGRAM SERVICES PROVIDED OR REPORTS GIVEN TO CLIENT, WARRANTIES OF TITLE, ACCURACY OF DATA, INFORMATION CONTENT, OR FITNESS FOR USER'S PURPOSE OR SYSTEM INTEGRATION.

Disclaimers:
When you submit an Intelliapp to a carrier, you are not submitting that application to Tenstreet.  Tenstreet is NOT involved in the selection of candidates for any position.  Tenstreet does not and cannot make any representations to you regarding employment.  You understand and agree that Tenstreet is not involved in any employer's hiring methods, selection criteria, scheduling, or other business operations and that the participating companies are solely responsible for any and all questions, comments, hiring decisions, accommodations, and business functions.   
THE STATUS OF ANY EMPLOYMENT APPLICATION YOU HAVE SUBMITTED WITH A PARTICIPATING COMPANY IS UPDATED BY EACH PARTICIPATING COMPANY, NOT BY TENSTREET.  AS SUCH, TENSTREET CANNOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION PROVIDED BY A PARTICIPATING COMPANY REGARDING THE STATUS OF YOUR APPLICATION.  WHILE TENSTREET BELIEVES THAT IT IS IN THE PARTICPATING COMPANY'S BEST INTERESTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, WE CANNOT GUARANTEE THAT WILL OCCUR. 

TENSTREET IS NOT RESPONSIBLE FOR THE ACTION, INACTION, CONDUCT, HIRING PRACTICES, OR EMPLOYMENT PRACTICES OF THE PARTICIPATING COMPANIES.  IF YOU HAVE ANY DISPUTE, CLAIM, OR OTHER ISSUE WITH A PARTICIPATING COMPANY OR ISSUE RELATING TO YOUR EMPLOYMENT OR PRIOR EMPLOYMENT WITH A PARTICIPATING COMPANY, TENSTREET IS NOT INVOLVED OR RESPONSIBLE IN ANY MANNER WITH ANY SUCH DISPUTE.
TENSTREET IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF YOUR USE OF THE APP, THE INTELLIAPP, OR ANY EMPLOYMENT OR CONTRACT.  TO THE FULLEST EXTENT ALLOWED BY LAW YOU RELEASE TENSTREET AND ITS AFFILIATES FROM ANY SUCH CLAIMS, INCLUDING BUT NOT LIMITED TO ANY CLAIMS, DAAMAGES, CAUSES OF ACTION, AND DISPUTES OF ANY KIND (INCLUDING COSTS OR ATTORNEY'S FEES). 

Limitation of Liability
WE LIMIT OUR LIABLITY TO THE FULLEST EXTENT ALLOWED BY LAW.  WE WILL NOT BE LIABLE FOR ANY UNINTENTIONAL, ACTUAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR ANY LOSS OR CLAIM OF ANY KIND INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS, WAGES, PERSONAL INJURY, COMMERCIAL DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THIS APP WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.  WE ALSO SHALL NOT BE LIABLE IN ANY MANNER FOR THE PRACTICES, CONDUCT, ACTION OR INACTION OF THIRD PARTIES OR COMPANIES PARTICIPATING IN THE SERVICES THROUGH THIS APP.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABLITY SET OUT IN THIS SECTION.  IF THOSE LAWS APPLY TO YOU BASED ON JURISDICTION, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

5) Data Policy
Providing the Services to you requires collecting and using your information.  The following is a link to our Privacy Policy which explains how we collect, use, store, share, and protect your information. https://www.tenstreet.com/privacy-policy
Aggregated Data
We may monitor your use of this App and collect, compile, or otherwise aggregate data and information received from your use of this App in an anonymized manner.  This includes aggregated and anonymized data related to trips, location, routes, driving behavior, fuel usage, fuel waste, and fuel optimization.  We will not in any manner identify you or your confidential personal information when data is aggregated.  However, you acknowledge that we may aggregate the data related to your use of the App and/or the Services and agree that Tenstreet, may i) utilize any aggregated data or statistical information for marketing purposes and make such aggregated data  available to its users, customers, participating companies, or publicly available in compliance with applicable law; ii) use aggregated data or statistical information for analytical or other business purposes in any manner permitted by law, and iii) that Tenstreet owns and retains all intellectual property rights therein. 

6) Intellectual Property

Tenstreet exclusively owns and reserves all right, title, and interest in and to this App and the Services.  Tenstreet hereby grants you a personal, non-exclusive, non-transferable, limited license to use this App only for the Services provided therein as permitted by law.  This license is limited solely to use the App for purposes of receiving the Services, which are created, exclusively owned, and shared with you by Tenstreet as permitted by these Terms.  Access granted pursuant to these Terms does not include the sale or license to receive any software owned by Tenstreet.  You agree not to reproduce or reverse engineer, decompile, disassemble, or otherwise create, attempt to create or derive, or permit or assist anyone to create or derive any system, software, product, service, process, work flow, diagram, design, code, or other work product owned by Tenstreet and provided in connection with the use granted pursuant to these Terms.  Further, you will not use knowledge derived and acquired through the use of this App to unfairly compete or engage in unethical conduct, unfair or deceptive business practices including but not limited to the use or infringement of any intellectual property of Tenstreet.

7) Indemnification

You agree to hold Tenstreet harmless and indemnify Tenstreet from all claims and losses (including reasonable attorney's fees and costs) resulting from your use or misuse of this App or the Services, your breach of these Terms, or your violation of any applicable law. You will cooperate as required by us in the defense of any claim.  We reserve the right to assume the exclusive defense and control of any matter which may be subject to indemnification by you.

8) Notices
All notices to us shall be in writing and sent to us by email at legal@tenstreet.com or by mail to General Counsel, Tenstreet, LLC, 120 W. 3rd St. Tulsa, Oklahoma 74103.  Notices to you may be sent through the App via notices or messages, to the email address supplied by you when registering for the App, or to the most recent address supplied by you within the App.

9) Entire Agreement

These Terms constitute the entire understanding between you and Tenstreet and may only be modified by Tenstreet with notices to you electronically.

10) Compliance with Laws
These Terms are intended to be subject to, and in compliance with, all applicable state, local, and federal statutes and regulations.  If any part of these Terms or any provision may subsequently be determined to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties.  Further, the invalidity of any one provision shall not affect the validity of the other provisions.

11) Governing law
This App is controlled by us from our office located in Oklahoma.  As such by accessing this App, you agree that all matters relating to the use of this App including without limitation these Terms will be interpreted and enforced in accordance with the laws of the State of Oklahoma without reference to its conflict of laws.  We further agree that the exclusive venue for any such action shall be in the state or federal court located in Tulsa County, Oklahoma.

12) Force Majeure
Tenstreet is not responsible for any events or circumstances beyond its control that prevent it from meeting its obligations, which include but are not limited to: war, riots, embargos, strikes, disruptions in communications, compatibility, now or in the future, of the App with your mobile device, or acts of God.
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