3. DEFINITIONS. The following definitions shall apply:
a) “Advertiser” means, collectively, any individual, entity, and authorized third-party agency that participates in Advertising Media for the purpose of promoting its brands or offerings.
b) “Advertising Media” means, collectively, any advertisement and promotion including any display media, sponsored content, video, email marketing, social marketing, and any other advertiser-branded content.
c) “Content” means, collectively, any text, images, links, videos, materials, data, and information on the Site.
d) “Design” means, collectively, any layout, graphics, buttons, logo, color combinations, look, feel, and any other design elements on any web page.
e) “Employer” means, collectively, any individual, entity, and authorized third-party agency that participates in Job Advertising, seeks candidates for employment or contingent work, posts ads for employment opportunities of any kind, and any other activity related to the purpose of talent acquisition.
f) “Job Advertising” means, collectively, any advertisement or promotion for employment or contingent work, recruiting, and talent acquisition, including any job ad, job post, membership, company description, and any other employer-branded content.
g) “Paid Services” means, collectively, any Job Advertising, Advertising Media, product, membership, subscription, plan, package, unit, service, feature, and option where payment is required; and any other related billable services provided by the Site, icrunchdata, and its agents.
i) "Services" means, collectively, any design, programming, content, and intellectual property related to the fulfillment and delivery of the Site; and any other related services and Paid Services provided by the Site, icrunchdata, and its agents.
j) “Site” means, collectively, the icrunchdata.com website in its entirety and any related subdomains owned, operated, and licensed by icrunchdata, including any design, programming, content, services, features, functionality, supporting technologies, copyright, trademark, patent, and any other icrunchdata intellectual property of any kind.
k) “Use” means, collectively, any access or usage of the Site including visiting, viewing, browsing, searching, and reading any web page, whether registered or unregistered, logged in or logged out, and any other activity on the Site by any individual, entity, and agent.
l) “User” means, collectively, any visitor, guest, individual, entity, and agent that accesses or uses the Site, whether registered or unregistered, logged in, or logged out.
m) “You” or “Your” means, collectively, any User, Employer, Advertiser, and any other individual, entity, and agent.
4. ACCEPTABLE USE OF THE SITE. The following acceptable use of the Site shall apply:
4.1. General Use. The general, acceptable use of the Site is for (i) Users to seek full-time, part-time, contract, apprenticeship, or internship job opportunities, further education, career enhancement, professional networking, or to make meaningful connections to enhance their professional well-being, (ii) Employers to seek candidates for employment or contingent work, and (iii) Advertisers to promote its brands or offerings. You may use the Site solely for the intended general, acceptable use of the Site.
4.2. Use of the Site by Users. icrunchdata hereby grants Users a limited, terminable, non-exclusive right to use the Site solely for its general, acceptable use. This authorizes you to use the Site solely for your personal, noncommercial use. You are solely responsible for any content you may submit to the Site and any consequences arising from such actions. icrunchdata reserves the unrestricted right to suspend or terminate your use of the Site for any reason, at any time, and at its sole discretion, if icrunchdata determines that you may be in breach of this Master Agreement.
4.3. Use of the Site by Employers and Advertisers. icrunchdata hereby grants Employers and Advertisers a limited, terminable, non-exclusive right to use the Site solely for its general, acceptable use. This authorizes you to use the Site for your professional, organizational use. You may not sell, transfer, or assign any services or your rights to any Paid Services provided by icrunchdata to any third party without the express written authorization of icrunchdata. You are solely responsible for any Job Advertising, Advertising Media, and content you may submit to the Site and any consequences arising from such actions. icrunchdata reserves the unrestricted right to suspend or terminate your use of the Site for any reason, at any time, and at its sole discretion, if icrunchdata determines that you may be in breach of this Master Agreement.
4.4. Minors Prohibited. Minors and children are prohibited from any use of the Site. If you reside in the United States, you must be at least eighteen (18) years of age, and if you reside in any other country, you must be legal adult age as required by the laws of your jurisdiction to use the Site.
4.5. Other Use Rules. You shall not use, or plan, encourage, or help others to use, the Site for any purpose or in any manner that is prohibited by this Master Agreement or by any applicable laws. You are solely responsible to ensure that your use of the Site complies with this Master Agreement and any applicable laws.
5. CONTENT GUIDELINES. The following guidelines shall apply to any content submitted to the Site:
5.1. Content Purpose. icrunchdata takes special interest in its content for the purpose of helping you to enhance your career, education, organizational, or professional well-being. Therefore, it is of great importance that any content be a valuable and meaningful enhancement to the Site.
5.2. User Generated Content. icrunchdata may accept any user generated content, including without limitation, submissions, comments, feedback, suggestions, creative ideas, reviews, contest entries, and any other content. Submitting any user generated content constitutes your consent and grants to icrunchdata an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to use, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works. icrunchdata shall be under no obligation to i) maintain confidentiality of, ii) pay compensation for, or (iii) respond to any user generated content.
5.3. Content Guidelines for Job Advertising. Any Job Advertising is subject to certain content guidelines, that can be found on a dedicated web page at “https://icrunchdata.com/job-advertising-guidelines/”.
5.4. Content Guidelines for Advertising Media. Any Advertising Media is subject to certain content guidelines that can be found on a dedicated web page at “https://icrunchdata.com/advertising-media-guidelines/”.
5.5. Third-Party Content Providers. icrunchdata may accept content from a “Third-Party Content Provider”, including any contributors, bloggers, distribution partners, news entities, advertising networks, and any other related partners. Any Third-Party Content Provider shall only provide genuine, valid, and relevant content that meets the general, acceptable use of the Site.
5.6. Content Distribution. In the interest of providing additional value, traffic, and audience reach, icrunchdata may distribute any content to a distribution partner, social network, email marketing provider, or any other third-party partner (collectively, “Distributor”). icrunchdata provides no guarantee that any content may be accepted or included by any such Distributor and shall not be liable for any content that may be rejected or not published. icrunchdata disclaims all liability and shall not be responsible for any Distributor and their actions, errors, or omissions related to any content, including without limitation, their availability, operations, features, functionality, and performance or nonperformance.
5.7. Spam Content. Any content or link to content that may be low quality, fake, false, inaccurate, fraudulent, deceptive, misleading, libelous, defamatory, immoral, hateful, offensive, obscene, sexually explicit, discriminatory, disruptive, threatening, harassing, abusive, or that may violate any state, federal, or international laws, shall be considered spam (“spam”) and shall be prohibited and removed from the Site at the sole discretion of icrunchdata, including without limitation, any:
a) Unclear, unreadable, unrecognizable, or anonymous content, including hidden text and hidden links.
b) Link to third-party websites other than those that are owned or licensed by you.
c) Automatic popup, popunder, download, or content that blinks, flashes, or rapidly animates whether on click or mouse-over.
e) Use of the icrunchdata name or logo.
f) Indication of being a winner or possibility of being a winner.
g) Offer or requirement to participate in any survey, focus group, or market research study.
h) Pyramid scheme, club membership, distributorship, or multi-level marketing opportunity.
i) Endorsement or promotion of a political party, political agenda, political position, religion, or that raises awareness of any social issue.
j) Solicitation to take action on any promotion other than what meets the acceptable use of the Site.
k) Solicitation of anyone that is a minor or under eighteen (18) years of age.
l) Content or act that may violate intellectual property, including copyright, trademark, patent, or any other intellectual property right.
m) Content or act that may violate any non-disclosure agreement, non-compete agreement, or any other trade secret right or agreement.
n) Content or act that may violate any law or right related to labor and employment, equal opportunity and employment eligibility requirements, data access and use, or privacy.
5.8. Right of Removal. icrunchdata reserves the right of removal and may remove, without notice, liability, penalty, or limitation, any content at its sole discretion that may (i) be considered spam, or (ii) violate or lead to violate this Master Agreement, or (iii) violate or lead to violate any applicable laws, rules, regulations, or third-party terms of any kind, (iv) violate or lead to violate the rights of, harm, or threaten the safety or privacy of any individual, entity, or agent, or (v) adversely affect icrunchdata or any other individual, entity, or agent in any way.
5.9. Content Disclaimer. Any content and its interpretation shall not reflect the views of icrunchdata, or any of its shareholders, members, officers, directors, employees, affiliates, or agents.
6. PAID SERVICES. The following shall apply to Paid Services on the Site:
6.1. Availability and Accuracy. The inclusion of any Paid Services on the Site does not imply or warrant that these Paid Services will be available at the time of use or purchase. icrunchdata has made every reasonable effort to represent and render as accurately as possible any Paid Services descriptions, pricing, features, and images that appear on the Site. However, display settings and language translations may vary by device, and icrunchdata cannot guarantee any Paid Services will be accurately displayed on your device.
6.2. Right of Revision. icrunchdata reserves the right of revision, without notice, liability, penalty, or limitation, to (i) change any description, pricing, feature, and image of any Paid Services, (ii) limit the quantity, availability, and sale of any Paid Services, and (iii) modify or discontinue any Paid Services at any time.
7. ORDERS AND PAYMENT FOR PAID SERVICES. icrunchdata takes special interest in your success and offers convenient ways to place orders and make payment for its Paid Services. The following shall apply for orders and payment for its Paid Services:
7.1. Order Placement. Orders may be placed by submitting a written or electronic request by insertion order, purchase order, automated feed, email, contact form, live chat, and online checkout.
7.2. Methods of Payment. Payment may be made by credit card, debit card, purchasing card, e-check, ACH, PayPal, and any other pre-approved electronic payment method. Paper checks received for payment may be converted to ACH. Any payment transactions are deemed to be authorized by their respective card holder or account holder, and activation of such Paid Services shall be granted upon the successful capture and authorization or the settled transaction of any payment method.
7.3. Payment Terms. Orders that are submitted by you are deemed to be a binding agreement for payment in full for such Paid Services. Invoices, as applicable, shall be delivered by email or USPS mail on the order date, and are subject to net thirty (30) day payment terms. icrunchdata reserves the right to confirm the validation of such orders prior to account activation and reserves the right to deny the extension of credit to any individual, entity, or agent at its sole discretion, for any reason, and may instead require pre-payment.
7.4. Payment Collection. Invoices must be paid in full and in a timely manner. In the event that any invoice is past due, or you refuse to pay for any reason, icrunchdata shall be entitled to the cost of payment collection, including any reasonable attorney fees.
7.5. Order Cancellation. You may cancel any order placed in advance by submitting your request in writing within seven (7) days from the initial date of order placement. Order cancellation requests must be made prior to the start date of any agreed upon advertising or billing period; otherwise, you shall be subject to payment in full for such ordered Paid Services.
7.6. Automatic Renewals. Certain Paid Services are billed automatically as a recurring membership or subscription, and shall automatically renew on the respective monthly interval date on which they began until cancelled or terminated in accordance with this Master Agreement. Your original payment method will be saved as your preferred payment method for these automatic renewals. You may cancel memberships and subscriptions at any time, and retain access to your Paid Services through the remainder of your cancellation term. Refunds, whether in whole or part, are not granted for cancellation.
7.7. Refund Policy. There are no refunds or credits granted, whether in whole or in part, for any Paid Services including partial billing cycles for any recurring membership or subscription plan. If you are removed from the Site, but have previously paid for Paid Services, you are not entitled to a refund of previously paid amounts.
7.8. Overages Policy. Any usage of Paid Services that exceeds the ordered, agreed upon, or prepaid quantity shall be considered (“Overages”). This particularly applies to Job Advertising or Advertising Media units that are pushed by automated feed, where overages may commonly occur due to the nature of automation. In the event of overages, icrunchdata shall consider the overages to be an order for its Paid Services, and you shall be subject to payment in full for such Paid Services.
8. CONDUCT POLICY. You are solely responsible for your conduct and shall:
a) Be prohibited from sending unsolicited communication to any individual, entity, or agent.
b) Be prohibited from misleading icrunchdata of your intentions, business practices, or placing orders for any Paid Services that do not represent your business accurately.
c) Be responsible for maintaining the confidentiality of your personal information, password, and account information.
d) Be responsible for reporting any inappropriate conduct or content to icrunchdata.
9. SECURITY POLICY. You are prohibited from violating the Site security in any way and shall not:
a) Access unauthorized data of any kind.
b) Log in to any unauthorized server or account.
c) Probe, scan, or test the vulnerability of any system or any network or breach security or authentication measures without proper authorization.
d) Interfere with any service, host, or network by acts of any kind, including overloading, flooding, crashing, scraping, DDoS attack, virus, or code injection.
e) Send any unsolicited email, whether direct or indirect, or any unsolicited communication of any kind.
f) Forge any TCP/IP packet header or any part of the header data in any email, or phishing acts of any kind.
Any violation of the security policy or any breach of Site security may result in civil or criminal liability, and icrunchdata may involve and cooperate with any law enforcement authorities as may be proper in prosecuting any individual, entity, or agent who may be involved in any such violation or breach.
11. LIMITATIONS OF LIABILITY AND ADDITIONAL DISCLAIMERS. The following limitation of liability and additional disclaimers shall apply:
11.1. Limitation of Liability.
a) You assume all responsibility, liability, and risk for your use of the Site, and for your conduct on and off the Site.
b) In no event shall icrunchdata, or any of its shareholders, members, officers, directors, employees, affiliates, or agents, be liable for any direct or indirect damages or claims for damages (including without limitation, incidental and consequential damages, lost profits, and any damages resulting from lost data, lost opportunity, or business interruption) resulting from, arising under, or in connection with your use, or your inability to use the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not icrunchdata is advised of the possibility of such damages.
c) Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations in the foregoing may not apply. If any limitations are held inapplicable or unenforceable for any reason, then the maximum liability for any direct or indirect damage claims shall not exceed the amount paid for the particular services that is the subject of any complaint, and shall not include any amounts paid for previous services for which no complaint had arisen.
d) icrunchdata shall be entitled to equitable relief and damages upon any breach of this Master Agreement by you, including any reasonable attorney fees.
11.2. Responsibility for Actions. You and any individual, entity, or agent acting on your behalf are solely responsible and liable for any of your actions on the Site, including any submitted content, communication, and conduct; and icrunchdata accepts no responsibility or liability for any such actions or for screening or monitoring any such actions.
11.3. No Endorsements. Nothing on the Site shall be considered an endorsement, representation, or warranty by icrunchdata with respect to any User, Employer, Advertiser, or any other individual, entity, or agent, including without limitation, any of their content, services, policies, procedures, practices, performance or nonperformance. Further, the Site may contain links to third-party websites and are provided solely as a convenience and shall not be considered an endorsement by icrunchdata. If you decide to access or use any linked third-party websites, you do so at your own risk.
11.4. No Guarantee of Results. icrunchdata takes special interest in your success and makes every reasonable effort to ensure your satisfaction. However, icrunchdata makes no representations or guarantees of any kind, expressed or implied, regarding the results, effectiveness, completeness, accuracy, availability, reliability, timeliness, security, reliability, performance or nonperformance of the Site in meeting any of your objectives, whether personal, professional, or organizational.
11.5. No Warranty. icrunchdata makes no warranties of any kind, expressed or implied, and makes no warranties about the results, effectiveness, completeness, accuracy, availability, reliability, timeliness, security, reliability, performance or nonperformance of the Site or any content submitted by any User, Employer, Advertiser, or any other individual, entity, or agent. To the fullest extent permitted by law, icrunchdata disclaims all warranties and conditions, expressed or implied, of merchantability, fitness for a particular purpose, or non-infringement, including without limitation, that the Site may operate free of any errors, omissions, broken links, inaccuracies, bugs, and any other errors of any kind.
12. INDEMNIFICATION. You indemnify and hold harmless icrunchdata and any of its shareholders, members, officers, directors, employees, affiliates, or agents, from and against any claims, actions, or demands, including without limitation, any costs, damages, and any reasonable attorney fees resulting from, arising under, or in connection with your use of the Site or your breach of this Master Agreement.
13. INTELLECTUAL PROPERTY RIGHTS. The following intellectual property rights shall apply:
13.1. Sole Intellectual Property. The Site and all related rights, titles, and interests are the sole intellectual property of icrunchdata and are protected by copyright and other laws of the United States, its treaty countries, and other jurisdictions. Except for the limited licenses expressly granted in this Master Agreement, icrunchdata reserves the unrestricted right for itself and all related rights, titles, and interests. You may not reproduce, modify, display, sell, or distribute any part of the Site. This includes without limitation, copying, scraping, and adapting any HTML code used to generate any web page; as well as reverse engineering any programming, software, or system.
13.2. Protected Trademarks and Copyrights. The icrunchdata brand name, the icrunchdata logo, and any related products, services, and design marks are protected trademarks and copyrights of icrunchdata, with all rights reserved.
13.3. Other Product and Service Marks. Any other product and service marks on the Site are the trademarks of their respective owners.
14. JURISDICTION. This Master Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, United States, without reference to any jurisdiction’s conflict of laws principles; and that any actions brought forth to enforce this Master Agreement shall be within the jurisdiction and legal venue of the State of Indiana, United States.
15. SEVERABILITY. All provisions of this Master Agreement shall survive termination except those that may deny use of the Site. You may not assign or transfer your obligations under this Master Agreement. If any provision of this Master Agreement is held unenforceable, the remainder of this Master Agreement shall remain in full force and effect.
550 Congressional Blvd
Carmel, Indiana 46032
18. EFFECTIVE. Last updated January 1, 2021.