Terms & Conditions of Use

These Terms and Conditions of Use (“Terms”) govern your access to and use of this recruiting landing page, its related webpages, forms, and other online features (collectively, the “Site”).

The Site is operated and managed by To Exceed, LLC, a Louisiana limited liability company (“To Exceed,” “we,” “us,” or “our”), to advertise employment opportunities with Mercer Transportation (“Mercer”).

By visiting the Site, submitting information through a form, or otherwise using the Site, you agree to these Terms. Do not use the Site if you do not agree to them.

1. To Exceed’s Role

To Exceed operates and manages this Site as a marketing and recruiting-services provider. The Site is designed to provide information about employment opportunities with Mercer Transportation and to help interested individuals connect with Mercer Transportation’s recruiting personnel.

To Exceed is not the employer offering the positions advertised on this Site. Mercer Transportation is the prospective employer and independently controls:

• Hiring and employment decisions;
• Driver and applicant qualifications;
• Interviews and background checks;
• Compensation, benefits, schedules, routes, equipment, and home-time policies;
• The availability, modification, and withdrawal of job opportunities; and
• All other terms and conditions of employment.

To Exceed does not have authority to offer employment on behalf of Mercer Transportation unless expressly stated in writing. Nothing on the Site creates an employment relationship between you and To Exceed.

2. Eligibility and Intended Audience

The Site and related advertisements are intended only for adults located in the United States.

You must be at least 18 years old to use the Site or submit personal information. The Site is not designed for, marketed to, or intended to collect information from children or minors under 18.

Individual driving positions may have a higher minimum age or require particular licenses, endorsements, experience, driving records, residency, or other qualifications. Eligibility is determined by the requirements of the particular position and by Mercer Transportation.

If you are under 18, do not use the Site or provide information through its forms.

3. Employment Information Is Not an Offer

Route descriptions, compensation figures, benefit summaries, route descriptions, home-time information, equipment details, and other employment-related statements are provided for general recruiting purposes.

Such information:

• May be summarized or abbreviated;
• May apply only to certain positions, locations, routes, or qualified drivers;
• May change without advance notice;
• May be subject to additional requirements or limitations; and
• Should be confirmed directly with a Mercer Transportation recruiter.

An advertisement, webpage, telephone conversation, text message, or form submission does not constitute a binding offer or contract of employment.

Submitting your information does not guarantee that you will be contacted, interviewed, qualified, hired, or offered any particular compensation, route, schedule, or benefit.

4. Information You Submit

When you submit information through the Site, you represent that:

• The information is accurate and complete to the best of your knowledge;
• You are submitting information about yourself and not impersonating another person;
• You are authorized to provide the telephone number, email address, and other contact information submitted; and
• Your use of the Site does not violate any law or obligation applicable to you.

Information submitted through the Site may be provided to Mercer Transportation and its authorized recruiters or service providers for recruiting, applicant evaluation, communication, recordkeeping, and related purposes.

The collection and handling of personal information are also governed by the Site’s Privacy Policy, which should be reviewed together with these Terms.

5. Communications

By submitting your contact information, you acknowledge that Mercer Transportation, To Exceed, or authorized recruiting partners may use that information to respond to your inquiry and communicate with you about the advertised opportunity.

The specific consent language displayed with a form controls the types of communications authorized by that submission. Message and data rates may apply to calls or text messages, depending on your service provider.

You are not required to purchase goods or services from To Exceed to inquire about an employment opportunity.

6. Ownership of the Site and Its Content

Except where otherwise indicated, the Site’s design, written content, graphics, layouts, software, advertisements, and other materials are owned by or licensed to To Exceed and are protected by applicable intellectual-property laws.

You may view and use the Site for your own personal, noncommercial job-search purposes. You may not reproduce, republish, distribute, sell, license, modify, publicly display, or commercially exploit Site content without prior written authorization from the applicable owner.

No ownership or license rights are transferred to you merely because you access the Site.

7. Mercer Transportation Name and Logo

The Mercer Transportation name, logo, branding, and related identifiers belong to Mercer Transportation or their respective lawful owners and may be protected by trademark, copyright, and other applicable laws.

To Exceed uses the Mercer Transportation name and logo on this Site solely to identify Mercer Transportation as the company associated with the freight and leasing opportunities advertised on the relevant pages and to communicate those opportunities to prospective applicants.

You may not copy, alter, download, republish, imitate, or use the Mercer Transportation name or logo without authorization from Mercer Transportation. Their appearance on the Site does not give visitors any ownership interest, license, or right to use them.

The use of Mercer Transportation branding on this Site does not mean that Mercer Transportation operates the Site. To Exceed operates and manages the Site on Mercer Transportation’s behalf for recruiting and advertising purposes.

8. Acceptable Use

You agree to use the Site only for lawful purposes. You may not:

• Submit false, misleading, fraudulent, or unauthorized information;
• Impersonate another person or misrepresent your identity or qualifications;
• Use automated tools to scrape, copy, harvest, index, or extract Site content or applicant information;
• Attempt to gain unauthorized access to the Site, its servers, forms, databases, or connected systems;
• Introduce viruses, malicious code, corrupted files, or other harmful technology;
• Interfere with the operation, performance, or security of the Site;
• Circumvent security measures or access restrictions;
• Use the Site to harass, threaten, deceive, or harm another person;
• Use Mercer Transportation or To Exceed branding for unauthorized advertising, recruiting, or commercial activity; or
• Use the Site in violation of any applicable federal, state, or local law.

We may restrict or terminate access when we reasonably believe that a visitor has violated these Terms, created a security risk, or misused the Site.

9. Website Availability and Accuracy

To Exceed attempts to provide useful and reasonably current recruiting information. However, we do not guarantee that every statement on the Site will always be complete, current, error-free, or applicable to every applicant.

The Site may occasionally be unavailable because of maintenance, technical problems, hosting interruptions, third-party services, security concerns, or circumstances outside our control.

We may correct errors, change content, modify forms, suspend features, remove job advertisements, or discontinue all or part of the Site at any time without advance notice.

10. Third-Party Websites and Services

The Site may contain links to websites, application systems, mapping services, social-media platforms, analytics providers, or other services operated by third parties.

To Exceed does not control those third-party services and is not responsible for their:

• Content or accuracy;
• Availability or security;
• Privacy practices;
• Terms and conditions; or
• Products, services, representations, or conduct.

A link does not necessarily constitute an endorsement. Your use of a third-party service is governed by the terms and policies of that service.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO EXCEED AND MERCER TRANSPORTATION DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES RELATING TO THE SITE, INCLUDING WARRANTIES OF ACCURACY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SITE WILL ALWAYS BE AVAILABLE OR ERROR-FREE;
• DEFECTS WILL ALWAYS BE CORRECTED;
• THE SITE OR ITS SERVERS WILL BE FREE OF HARMFUL COMPONENTS;
• INFORMATION ON THE SITE WILL APPLY TO EVERY USER OR POSITION; OR
• USE OF THE SITE WILL RESULT IN AN INTERVIEW, JOB OFFER, OR EMPLOYMENT.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent allowed by law.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TO EXCEED, MERCER TRANSPORTATION, AND THEIR RESPECTIVE OWNERS, AFFILIATES, EMPLOYEES, CONTRACTORS, RECRUITERS, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

• Your access to or use of the Site;
• Your inability to access or use the Site;
• Your reliance on information displayed on the Site;
• The modification or withdrawal of a job opportunity;
• Communications or hiring decisions made by Mercer Transportation;
• Third-party websites or services;
• Unauthorized access to information caused by circumstances outside reasonable control; or
• Any interruption, error, malware, or technical problem affecting the Site.

To the extent a limitation of direct liability is permitted, the total aggregate liability of To Exceed arising from your use of this free Site will not exceed $100.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

13. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless To Exceed, Mercer Transportation, and their respective affiliates, owners, officers, employees, contractors, recruiters, and service providers from claims, losses, liabilities, damages, judgments, and reasonable expenses arising from:

• Your unlawful or unauthorized use of the Site;
• Information you submit fraudulently or without authorization;
• Your infringement of another person’s rights; or
• Your material violation of these Terms.

This provision does not require you to indemnify a party for conduct for which indemnification cannot legally be required.

14. Changes to These Terms

To Exceed may revise these Terms to reflect changes to the Site, recruiting practices, technology, or applicable legal requirements.

The current version will be posted on this Site with an updated effective or revision date. Changes become effective when posted unless another date is stated.

Your continued use of the Site after revised Terms are posted constitutes acceptance of those revisions. You should return to this page periodically to review the current Terms.

15. Governing Law and Location of Disputes

These Terms and disputes arising from the Site will be governed by the laws of the State of Louisiana, without applying rules that would require the use of another jurisdiction’s laws, except where applicable law requires otherwise.

Any lawsuit or court proceeding relating to the Site or these Terms must be brought in an appropriate state or federal court located in or serving Shreveport, Louisiana, unless another location is required by law.

By using the Site, you consent to the personal jurisdiction of those courts and waive objections to that location or venue to the extent legally permitted.

Before filing a formal claim, you are encouraged to contact To Exceed using the information below so that the concern may be reviewed and, when possible, resolved informally.

16. Severability

If any part of these Terms is held to be invalid, unlawful, or unenforceable, that portion will be enforced to the maximum extent permitted or removed as necessary. The remaining provisions will continue in effect.

17. No Waiver

A failure by To Exceed to enforce a provision of these Terms does not waive the right to enforce that provision later. A waiver is effective only when made in writing by an authorized representative of To Exceed.

18. Entire Agreement

These Terms, the Privacy Policy, and any additional notices or consent language displayed on a Site form constitute the complete agreement concerning your use of the Site.

If specific form language conflicts with these Terms concerning permission to contact you or process submitted information, the more specific form language will control for that particular submission.

19. Contact To Exceed

Questions, complaints, intellectual-property concerns, or other issues involving this Site may be directed to:

To Exceed, LLC
3825 Gilbert Dr, Suite 140
Shreveport, LA 71104
Email: sales@toexceed.com
Phone: (877) 589-6524