Terms of Service

1. Acceptance of these Terms

These Terms of Service (the "Terms") form a binding agreement between you and One Flagger Inc, a Pennsylvania traffic control company located at 515 W 9th St, Hazleton, PA 18201 ("One Flagger," "we," "us," or "our"). They govern your access to and use of oneflagger.com and any related pages, forms, and content (together, the "Site"), and, once available, The Yard mobile application for iOS and Android, including the Crew employee portal (the "App"), and The Yard admin dashboard and related web tools (the "Platform"). In these Terms, the Site, the App, and the Platform together are the "Service," and references to the "Site" in the sections on warranties, acceptable use, intellectual property, liability, indemnification, and disputes include the App and the Platform.

By using the Site, App, or Platform, creating an account, submitting a quote request, or submitting a career application, you agree to these Terms and to our Privacy Policy. If you use the Site on behalf of a company, agency, or other organization, you represent that you are authorized to accept these Terms on its behalf, and "you" includes that organization. If you do not agree, do not use the Site.

2. Who we are and what the Service is for

One Flagger provides temporary traffic control services, including flagging, work zone setup, traffic control plans, equipment, and related support. We typically work as a subcontractor to prime contractors, utilities, municipalities, and other project owners on PennDOT, municipal, utility, and private projects.

One Flagger is also a technology company. We run our business on The Yard, our own app and platform. The Yard includes an admin dashboard that our management uses for leads, RFPs and proposals, rate tables, contracts and e-signatures with prime contractors, projects, dispatch, invoicing, and payroll; and the Crew portal, where our approved, certified employees can see and accept available jobs, receive notifications, message management, and view their job history, earnings, training, and certifications. We provide services to prime contractors and other customers under RFPs, proposals, and signed contracts; customers do not book services on demand through the App. Some features may be in development, offered in stages, or not yet available to the public, and nothing on the Site promises that a feature will be released by a particular date.

The Site itself is a marketing and contact resource. It lets you learn about our services, request a proposal or quote, and apply for employment. Services are ordered and contracts are formed only as described in Quote requests are not binding, Services are governed by separate agreements, and Electronic signatures and records.

3. Accounts and eligibility

Some parts of the App and Platform require an account. Accounts are issued by One Flagger at our discretion; we may decline or limit any account for any lawful reason.

• Workers. Crew portal accounts are available only to individuals who have applied to and been hired and approved by One Flagger, are at least 18 years old, are authorized to work in the United States, and hold and keep current the flagger training and certifications that One Flagger, PennDOT, the project, or the customer requires. Approval does not guarantee any number of jobs or hours.
• Customers. Contractor, agency, and other customer users must be authorized to act for their organization, and their organization is responsible for their activity.
• Your responsibilities. Give accurate, current information; keep your login credentials and device secure; do not share or transfer your account; and tell us promptly at Jery@oneflagger.com if you suspect unauthorized use. You are responsible for activity under your account.

4. Use of the App and Platform

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to use the App and Platform for their intended business purposes while your account is active. We may update the App and Platform, add or remove features, and require you to install updates to keep using them. The App and Platform are tools for organizing work. They do not replace your judgment, training, supervision on site, an approved traffic control plan, or the directions of a competent authority. Never use your phone in a way that is unsafe while flagging, driving, or working in or near traffic.

5. Job offers and acceptance through the App

• Offers. Jobs shown in the App are offers of work assignments from One Flagger to its employees. Information shown with a job, such as job site, distance, times, and rate, is provided in good faith but may be estimated and may change with project conditions.
• Acceptance. You accept a job by confirming it in the App (or as dispatch directs). A job is assigned to you only when the App or dispatch confirms the assignment. Jobs may be offered to several workers and filled on a first-confirmed or other basis we set.
• Changes and cancellations. Customers may change or cancel work, and we may reassign, change, or cancel a job, including for safety, weather, qualification, or customer reasons. If you cannot work a job you accepted, tell dispatch as early as possible through the App or by phone.
• Pay. Pay for a job is governed by your employment terms with One Flagger and applicable wage law (including any prevailing-wage requirements on the project), not by a figure shown in the App if the two differ.
• Customer requests. A crew request from a customer through any channel is subject to Quote requests are not binding and Services are governed by separate agreements and is not binding until confirmed in a Service Agreement.

6. Workers are employees of One Flagger Inc

Flaggers who work through The Yard app (including the Crew portal) are employees of One Flagger Inc, not independent contractors, and are paid by One Flagger through its payroll, with applicable withholdings. The App is a tool One Flagger provides to its own employees to offer and organize assignments; it is not a marketplace connecting customers with independent workers, and customers do not employ or pay workers directly. Employment with One Flagger remains at-will as described in Careers and employment applications, and is also governed by One Flagger's employment policies and applicable law. Nothing in these Terms limits any right you have as an employee under federal or Pennsylvania law.

7. Communications and push notifications

By creating an account or giving us your contact information, you agree that we may contact you by email, phone, text message, in-app message, and push notification about your account, job offers and assignments, schedule changes, safety notices, pay, certifications, and the Service. You can turn push notifications on or off in your device settings, but you may miss time-sensitive job offers or updates if you do. Message and data rates may apply. We will send marketing text messages only with any consent the law requires, and you may opt out of them at any time (for example, by replying STOP). Messages between workers and dispatch through the App may be stored as business records.

8. Electronic signatures and records

You agree that agreements, proposals, acknowledgments, timesheets, and other documents may be provided and signed electronically, including through a third-party e-signature service, and that an electronic signature has the same legal effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Pennsylvania Uniform Electronic Transactions Act (73 P.S. § 2260.101 et seq.). You may request a paper copy of any document you signed electronically by contacting us. Where the law requires your consent before we deliver a document electronically, we will ask for it, and you may withdraw it by contacting us.

9. Payments: ACH bank transfer and payroll

Customers pay One Flagger invoices by ACH bank transfer, using our ACH authorization form, unless a Service Agreement provides otherwise. Customers are responsible for the accuracy of the bank information they provide and for any fees their bank charges. Employee payroll, tax withholding, pay stubs, and direct deposit are processed through our payroll provider (Gusto); employees may be asked to accept that provider's terms and privacy policy to access their pay information. We are not responsible for errors, delays, or outages caused by a third-party processor, bank, or payment network, but we will work with you to correct any payment problem we are responsible for. Payment terms for services remain governed by Pricing and payment terms and the applicable Service Agreement.

10. Informational purposes only; no warranty

Content on the Site, including service descriptions, safety messages, photographs, service-area information, and descriptions of certifications or standards, is provided for general informational purposes only. It may be incomplete, may not reflect the most current conditions, and may change at any time without notice.

Nothing on the Site is engineering, legal, regulatory, or safety advice for any specific project. Safety information on the Site does not replace a project-specific, approved temporary traffic control plan, required training, or the applicable regulations and permit conditions.

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation. We do not warrant that the Site, its forms, or our email delivery will always be available, secure, or free of viruses or other harmful components. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

11. Quote requests are not binding

A quote request submitted through the Site is an inquiry only. Submitting a request, receiving an acknowledgment, or receiving an estimate by phone, email, or otherwise does not create a contract, a reservation of crews or equipment, or any obligation on either party.

• Any price, estimate, crew size, schedule, or equipment list we provide is a non-binding estimate based on the information you give us. It is subject to change based on project scope, location, duration, hours (including nights, weekends, and holidays), site conditions, plan and permit requirements, prevailing-wage or other contract requirements, and availability.
• One Flagger is bound only by a written proposal, purchase order, subcontract, or service agreement that is signed or expressly accepted in writing by an authorized representative of One Flagger (a "Service Agreement").
• We may decline any request for any lawful reason, including scheduling, safety, or scope concerns.

12. Services are governed by separate agreements

All traffic control, flagging, equipment rental or sale, training, consulting, and other services are governed exclusively by the applicable Service Agreement and any documents it incorporates. If these Terms conflict with a Service Agreement, the Service Agreement controls as to the services. These Terms do not expand One Flagger's scope of work, duties, warranties, insurance obligations, or indemnity obligations under any Service Agreement.

Unless a Service Agreement expressly states otherwise in writing:

• Traffic control plans. The prime contractor, project owner, utility, or permittee (the "Customer") is responsible for providing, obtaining approval of, and maintaining the temporary traffic control plan (TCP) required for the work, including any plan required by PennDOT, a municipality, or another permitting authority. Where One Flagger prepares or helps prepare a TCP or layout, it is provided for the Customer's review and is subject to approval by the Customer and the permitting authority. Approval and permit compliance remain the Customer's responsibility. One Flagger does not provide professional engineering services or sealed drawings unless expressly agreed in writing.
• Permits and approvals. The Customer is responsible for obtaining and complying with all permits, highway occupancy permits, road-opening or street-closure permits, detour approvals, police or municipal coordination, and notices required for its work.
• Site conditions and the underlying work. The Customer is responsible for site conditions, the means and methods of its own work, utility locates and PA One Call obligations for any excavation, and the safety of its own employees, subcontractors, and the public with respect to its work.
• Accurate information. The Customer is responsible for giving One Flagger accurate and complete information about location, scope, hazards, schedule, and changes. One Flagger may rely on that information.
• Changes and stoppages. One Flagger may stop, suspend, or modify its services when it reasonably believes that conditions are unsafe, that required plans or permits are missing, or that continuing would violate law or a directive from an authority with jurisdiction.

13. Regulatory compliance

One Flagger performs its services with the intent of complying with applicable requirements, which may include the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD); PennDOT Publication 213, Temporary Traffic Control Guidelines, and related regulations at 67 Pa. Code Chapter 212; OSHA construction standards, including 29 C.F.R. Part 1926, Subpart G (Signs, Signals, and Barricades); applicable flagger training and certification requirements; and the ordinances of the municipality where the work occurs, together with any project-specific specifications in a Service Agreement.

References to these standards, or to certifications and registrations such as ATSSA flagger certification, DBE/SBE status, or PennDOT Business Partner status, describe our practices and qualifications. They are not a guarantee of any outcome and do not create any warranty or duty beyond what applicable law and the Service Agreement require.

One Flagger does not assume, and nothing on the Site or in these Terms transfers to One Flagger, any obligation that belongs to the Customer, the project owner, the prime contractor, a utility, or a permitting authority under law, permit, or contract, including obligations to design or approve traffic control plans, obtain permits, maintain the roadway, or control the work site. Each party remains responsible for its own regulatory obligations.

14. Pricing and payment terms

Prices, billing increments, minimums, invoicing, payment due dates, retainage, late charges, and related terms are set only in the applicable Service Agreement, quote accepted in writing, or invoice. Where applicable, payment on construction projects may also be governed by the Pennsylvania Contractor and Subcontractor Payment Act (73 P.S. § 501 et seq.) or, on Commonwealth public contracts, the prompt-payment provisions of the Commonwealth Procurement Code (62 Pa.C.S. § 3931 et seq.). Nothing on the Site is an offer at a particular price.

15. Force majeure

One Flagger is not liable for any delay or failure to respond to an inquiry or to perform any obligation caused by events beyond its reasonable control. These events include severe or unsafe weather (such as storms, snow, ice, lightning, high winds, flooding, or extreme heat), natural disasters, emergencies, accidents and incidents in or near the work zone, road closures, orders, stop-work directives, or instructions of PennDOT, police, a municipality, or any other governmental authority, changes in law, utility outages, fire, epidemics, labor shortages or disputes, equipment or supply-chain disruptions, and acts or omissions of the Customer or its other contractors. Force majeure as it applies to services is further governed by the applicable Service Agreement.

16. Acceptable use of the Site, App, and Platform

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• submit false, misleading, or incomplete information, impersonate any person or organization, or submit information about another person without authority;
• upload files that contain viruses, malware, or other harmful code, or content that is unlawful, defamatory, harassing, obscene, or infringing;
• send spam, chain messages, solicitations, or automated or bulk submissions, or use bots, scrapers, or similar tools to access or collect data from the Site;
• attempt to probe, scan, test, disable, overload, or bypass the security, spam controls, or rate limits of the Site or its hosting and email providers;
• use the Service to collect personal information about others or to compete with or harm One Flagger;
• falsify timesheets, location or check-in data, certifications, or training records, or accept jobs you are not qualified or certified to perform;
• harass, threaten, or abuse dispatch, co-workers, customers, or the public through the App or otherwise;
• copy, reverse engineer, decompile, or create derivative works from the App or Platform, except as the law expressly permits; or
• violate any applicable federal, state, or local law or regulation.

We may block submissions, restrict access, and report misuse to law enforcement when appropriate.

17. Information you submit

You are responsible for the information you submit through the Site and represent that it is accurate and that you have the right to share it. Please do not submit Social Security numbers, driver's license or ID numbers, dates of birth, bank or payment information, medical information, or other sensitive personal information through the Site's forms. We will request that kind of information, if ever needed, through an appropriate process.

Unsolicited ideas or suggestions about our business may be used by us without obligation to you. How we handle personal information is described in our Privacy Policy.

18. Intellectual property and use of our name and logo

The Site and its content, including the One Flagger Inc name, logo, the slogan "Follow Traffic Rules. Stay Alert. Stay Alive.," photographs, text, graphics, and page design, are owned by One Flagger or used with permission and are protected by U.S. copyright, trademark, and other laws.

You may view the Site and share links to it for personal or legitimate business reference. You may not copy, reproduce, modify, distribute, publicly display, or create derivative works from the Site's content, and you may not use our name, logo, slogan, or photographs (including to suggest a partnership, endorsement, certification, or that One Flagger is working on a project) without our prior written permission. Prime contractors and agencies that need to list One Flagger as a subcontractor, DBE, or SBE in bid or project documents may refer to us by name in factual terms.

19. App store terms

If you download the App from the Apple App Store or Google Play, you also agree to that store's terms. For the iOS App: these Terms are between you and One Flagger only, not Apple; One Flagger, not Apple, is solely responsible for the App, its maintenance and support, any warranties not disclaimed, and any product, legal-compliance, or intellectual-property claims relating to it; Apple has no obligation to provide maintenance or support; and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties. The App is not yet available in any app store; this section applies once it is.

20. Suspension and termination

We may suspend or deactivate your account, or limit access to any part of the Service, at any time if we believe you violated these Terms or our policies, your certifications or eligibility lapsed, your employment or customer relationship ended, or suspension is needed for safety, security, or legal reasons. You may stop using the Service at any time and may ask us to close your account. Deactivating a worker's App account is not by itself a decision about employment, which is governed by our employment policies and applicable law. Wages earned are paid as the law requires regardless of account status. Sections that by their nature should survive termination, including those on intellectual property, disclaimers, limitation of liability, indemnification, and disputes, survive.

21. Third-party links and services

The Site may link to or load content from third parties, such as Facebook, Google Maps, and Google Fonts. These links and services are provided for convenience only. We do not control and are not responsible for third-party websites, their content, availability, terms, or privacy practices, and a link is not an endorsement. Your use of third-party services is at your own risk and subject to their terms.

22. No reliance

You agree that you are not relying on any statement, description, photograph, or other content on the Site, or on any informal communication, in deciding whether to engage One Flagger, except as expressly stated in a signed Service Agreement. Any representations about scope, schedule, price, staffing, certifications for a specific project, insurance, or compliance are effective only if included in a Service Agreement or other writing signed by an authorized representative of One Flagger.

23. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ONE FLAGGER AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SITE, THESE TERMS, ANY CONTENT, OR ANY SUBMISSION (INCLUDING A SUBMISSION THAT IS DELAYED, NOT DELIVERED, OR NOT RECEIVED), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ONE FLAGGER'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

This section applies to your use of the Site. Liability relating to services is governed exclusively by the applicable Service Agreement. Nothing in these Terms limits liability that cannot be limited under applicable law.

24. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless One Flagger and its owners, officers, employees, and agents from and against any claims, demands, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Site; (b) information or files you submit; (c) your violation of these Terms; (d) your violation of any law, regulation, ordinance, permit, or the rights of any third party; or (e) your reliance on Site content in place of an approved traffic control plan, required permit, or Service Agreement. Indemnification obligations relating to services are governed by the applicable Service Agreement.

25. Careers and employment applications

Equal opportunity employer. One Flagger is an equal opportunity employer. We make employment decisions without regard to race, color, religion, creed, sex (including pregnancy, sexual orientation, and gender identity), national origin, ancestry, age, disability, genetic information, veteran or military status, use of a guide or support animal, or any other characteristic protected by federal, Pennsylvania, or local law. If you need a reasonable accommodation to apply, contact us at (570) 213-3867 (office) or Jery@oneflagger.com.

No employment contract; at-will employment. Submitting an application does not guarantee an interview, offer, or employment. Nothing on the Site, in the application form, or in any job description, list of benefits (such as "competitive pay," "paid training," or "consistent work"), or communication is an offer or contract of employment or a promise of any particular position, wage, schedule, hours, or duration. Unless a written agreement signed by an authorized officer of One Flagger states otherwise, employment with One Flagger is at-will, meaning either you or One Flagger may end the employment relationship at any time, with or without cause or notice, subject to applicable law. Positions, pay, training, benefits, and schedules may change.

Accuracy of information. By applying, you certify that the information you provide is true and complete. False, misleading, or omitted information may disqualify you or, if discovered after hire, may result in termination.

Certifications and qualifications. Field positions may require you to obtain and maintain flagger training or certification that satisfies ATSSA, PennDOT, project, or customer requirements, and other credentials required for the work, before being assigned. We may verify certifications, training records, and a valid driver's license where driving is part of the job.

Background and driving-record checks. Where permitted and in compliance with applicable law, including the federal Fair Credit Reporting Act and Pennsylvania's Criminal History Record Information Act (18 Pa.C.S. § 9125), One Flagger may conduct background checks, driving-record checks, or other screening as a condition of employment or of assignment to particular projects. Any consumer report will be obtained only after you receive the required disclosures and provide written authorization. Some projects or customers may impose additional screening or testing requirements required by law or contract.

Employment eligibility (Form I-9 and E-Verify). As required by federal law, every new hire must complete Form I-9 and present acceptable documents establishing identity and authorization to work in the United States. Where One Flagger uses E-Verify, including where required by the Pennsylvania Public Works Employment Verification Act (Act 141 of 2022, 71 P.S. § 656.1 et seq.) for covered public work, it does so in accordance with E-Verify program rules, only after an offer of employment has been accepted and Form I-9 completed, and never to pre-screen applicants. We do not discriminate based on citizenship status or national origin in the verification process.

Minimum age. Field traffic-control positions are subject to minimum-age and hazardous-occupation restrictions under federal and Pennsylvania child labor laws.

Spanish-language accessibility. We have English- and Spanish-speaking staff. Applicants may communicate with us in Spanish, and we can help you complete or understand the application in Spanish. Aceptamos solicitudes en español; llámenos al (570) 213-3867 si necesita ayuda.

How we use and keep applicant information is described in our Privacy Policy.

26. Governing law, venue, and dispute resolution

Governing law. These Terms and any dispute arising out of or related to them or the Site are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law rules, and by applicable federal law.

Informal resolution first. Before filing any claim, you agree to contact us in writing at the address below and to try in good faith to resolve the dispute informally for at least thirty (30) days.

Venue. Any action arising out of or related to these Terms or the Site must be brought exclusively in the Court of Common Pleas of Luzerne County, Pennsylvania, or the United States District Court for the Middle District of Pennsylvania, and you consent to the personal jurisdiction and venue of those courts. Disputes relating to services are resolved as provided in the applicable Service Agreement.

Individual claims and time limit. To the extent permitted by law, claims must be brought in an individual capacity and not as a plaintiff or class member in any class or representative proceeding, and any claim arising out of or related to the Site must be filed within one (1) year after it arises, or it is permanently barred.

27. Severability, changes, and general terms

• Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
• Changes to the Terms and the Service. We may update these Terms, and change, add, or discontinue features of the Service, from time to time. For material changes affecting account holders, we will give reasonable notice through the App, Platform, or by email before they take effect. The updated version will be posted on this page with a new "Last updated" date and is effective when posted. Your continued use of the Site after changes are posted means you accept the updated Terms.
• Availability. We may modify, suspend, or discontinue the Site, App, Platform, or any feature, including its forms, at any time without liability, subject to any Service Agreement and to our obligations to employees under applicable law.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and One Flagger regarding the Service. They do not replace any Service Agreement, which governs the services, or any employment terms, which govern employment.
• No waiver; assignment. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
• Language. We may provide Spanish-language assistance or summaries for convenience. If there is any conflict, the English version of these Terms controls.
• Headings are for convenience only and do not affect interpretation.

28. Contact us

Questions about these Terms, or written notices under them, can be sent to: