Terms of Use

1. Introduction. Please read this web page carefully, as it contains the Terms of Use governing your access to and use of icrunchdata websites. If you do not accept these Terms of Use or you do not meet or comply with their provisions, the use icrunchdata websites is prohibited. If you are an Employer or Advertiser using icrunchdata websites, you may have also entered into a written Insertion Order Agreement with icrunchdata; in which case these Terms of Use are part of (and incorporated with) that written agreement.

2. Binding Agreement. These Terms of Use form a binding agreement (the "Agreement") between you and Emery Ventures, Inc. (doing business as icrunchdata). Your access to or use of the website(s) indicates your acceptance of these Terms of Use. icrunchdata reserves the unrestricted right to update this Agreement from time to time without notice. You are also agreeing to use the website(s) at your own risk.

3. Certain Definitions. The following definitions apply to this Agreement: "Websites" or the "Site" includes icrunchdata.com in its entirety and any related sites and subdomains owned, operated or licensed by icrunchdata; and includes their content, display media, text, graphics, design, programming, services, job advertising, and advertising media. "Content" includes all text, or images used in combination that is published on the Site. "Display Media" includes any promotional or advertorial images or video media. "Text" includes all text on every page of the Site, whether editorial, navigational, or instructional. "Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid display media. "Design" includes the color combinations and the page layout of the Site. "Programming" includes both client-side code (HTML, JavaScript, JQuery, etc.) and server-side code (Active Server Pages, Script, Databases, or any programming language used for coding such as C#, PHP, etc.) used on the Site. "Job Advertising" refers to any job ad, job posting, or promotion for employment on the Site. "Advertising Media" refers to any ad or promotion including display media, video, sponsored content, email marketing or any other branded sponsorship. "Services" means any services provided by the Site, icrunchdata or its agents. "User" refers to any job seeker, individual or entity that uses any aspect of the Site in any other capacity EXCEPT as an Employer or Advertiser. "Employer" means a person or entity that is accessing the Site to post a job ad or for any reason related to the purpose of seeking candidates for employment or contingent work. "Advertiser" means a person or entity that is publishing content or display media for the purpose of promoting it's brand, products or services related to the purpose of seeking new student enrollment or new customer engagements. "You" means the person who (or the entity on behalf of whom you are representing) that is agreeing to these Terms of Use.

4. Acceptable Use of the Site.

4.1 General Use Rules. The Site is intended for individuals seeking employment, for professional networking and for Employers, Advertisers or Recruiters seeking candidates for employment or contract work. You may use this Site only for lawful purposes within the stated context of icrunchdata's intended and acceptable use of the Site. icrunchdata is the sole interpreter of the Site’s intended and acceptable use.

4.2 License to Use by Users who are Job Seekers. icrunchdata hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for seeking full-time, part-time, contractor, apprentice or intern job opportunities, reading insights, news, learning about industry events, academic programs and awareness of destination brands. This authorizes you to view and browse a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any document, or display media you publish to the Site and any consequences arising from content or display media. Your use of the Site is a privilege. icrunchdata reserves the unrestricted right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

4.3 License to Use by Users who are Employers or Advertisers. icrunchdata hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use for prospecting new candidates, new students or new customer engagements. This authorizes you to view and browse a single copy of the material on the Site directly related to using the Site for the purpose described herein. You may not sell, transfer or assign any products or services or your rights to any products or services provided by icrunchdata to any third party without the express written authorization of icrunchdata. You agree that you are solely responsible for the content and display media you publish to the Site and any consequences arising from such content and display media. icrunchdata reserves unrestricted the right to suspend or terminate your access and use at any time if icrunchdata determines that you are in breach of any of these Terms of Use.

4.4 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and all applicable laws.

5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of icrunchdata, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms of Use, icrunchdata reserves the unrestricted right for itself all other rights, titles and interests. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site; as well as reverse engineering of the system, software, or programming code. "icrunchdata," the icrunchdata design logo and certain other names or logos are service marks or trademarks of icrunchdata, and all related product and service names, design marks and slogans are the service marks or trademarks of icrunchdata. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical design elements) are also protected by icrunchdata's trademarks, service marks and copyrights with all rights reserved. All other product and service marks contained on the Site are the trademarks of their respective owners.

6. Disclaimers and Limitations on icrunchdata's Liability.

6.1 Allocation of Responsibility. As an Employer or Advertiser, you are responsible for all activity, acts or omissions of any of your personnel that have access to your icrunchdata Account; and icrunchdata assumes no responsibility for content published by Users, Employers or Advertisers and no responsibility for said activity, acts or omissions or other conduct of Users, Employers or Advertisers. icrunchdata acts as a portal for the online distribution and publication of User, Employer and Advertiser submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring content published by Users, Employers or Advertisers. If notified by a User that published content which allegedly does not conform to this agreement, icrunchdata may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such content. icrunchdata has no liability or responsibility to Users, Employers or Advertisers for performance or nonperformance of such activities. icrunchdata may take any action with respect to User, Employer or Advertiser submitted information that it deems necessary or appropriate, in its sole discretion.

6.2 No Endorsements by icrunchdata. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User, Employer, Advertiser or third party, whether in regards to its website, products, services, hiring, experience, employment, recruiting practices, academic program or otherwise.

6.3 No Guaranty of Results. icrunchdata makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the objectives of Users, Employers or Advertisers. icrunchdata does not guarantee that content published by Users, Employers or Advertisers will result in candidates, students or customers being acquired, and is not responsible for any employment, enrollment or customer engagement decisions whatsoever made by any User, Employer or Advertiser.

6.4 Warranty Disclaimers.
(a)  The site is provided on an as-is basis without any warranties of any kind, express or implied. icrunchdata, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of merchant-ability, title, non-infringement of third parties’ rights, and fitness for particular purpose. icrunchdata makes no warranties about the accuracy, reliability, completeness, or timeliness of the site.
(b) Without limitation of the foregoing: (i) icrunchdata does not warrant that the site will operate error-free or that the site and its servers are free of computer viruses or other harmful mechanisms. If your use of the site results directly or indirectly in the need for servicing or replacing equipment or data, icrunchdata is not responsible for those costs.(ii) icrunchdata makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any content published by Users, Employers or Advertisers, or of any other form of communication engaged in by Users, Employers or Advertisers. Content may contain inaccuracies or typographical errors. You agree that any reliance on content published by Users, Employers or Advertisers, or on any other form of communication with Users, Employers or Advertisers, will be at your own risk. (iii) icrunchdata makes no representations or guarantees regarding the content of the site, including, but not limited to, broken links, inaccuracies, omissions or typographical errors.

6.5 Damage Limitations, Allocations of Liability and Equitable Relief.
(a) You assume all responsibility and risk for your use of the Site and the content you publish, or browse and for your conduct on and off the site.
(b) In no event shall icrunchdata (or any of its officers, directors, members, shareholders, employees, affiliates or agents), be liable for any non-direct damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from or arising under or in connection with the use or access to, or the inability to use or access, the Site and/or any content, 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 states or jurisdictions do not allow the exclusion or limitation or liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply. If any are held inapplicable or unenforceable for any reason, then you agree icrunchdata's maximum liability for any direct or indirect damage claims shall not exceed the amount equal to the cost of the particular product or services that is the subject of any complaint (not including any amounts paid for previous products or services of that nature for which no complaint had arisen).
(d) In no event shall icrunchdata (or any of its officers, directors, shareholders, employees, affiliates or agents), be liable for any direct or indirect claim for damages that exceeds the amount equal to the cost of particular product or services that which is subject of any complaint. If you are an Employer or Advertiser with an Insertion Order Agreement, liability shall not exceed the amounts paid in full by Employer or Advertiser to icrunchdata under that Insertion Order Agreement that which is subject of any complaint.
(e) Due to the nature of this agreement, in addition to money damages, you agree that icrunchdata will be entitled to equitable relief upon a breach of this agreement by you, including reasonable attorney fees.

7. Order Placement and Payment Terms. icrunchdata takes special interest in your success and offers convenient ways to place orders, and make payment for its products and services.

7.1 Order Placement. Orders for icrunchdata's employer products and services can be made by secure credit card checkout on the Site, email correspondence, CSV file, XML feed, phone-in, Purchase Order submission or Insertion Order that which is submitted by the Employer, Advertiser or authorized third-party Agency of Record. Order for icrunchdata's job seeker products must be made by secure credit card checkout on the Site.

7.2 Credit Card Authorization. Credit card transactions are deemed to be authorized by the card holder and Site account activation shall be granted upon successful capture and authorization by credit card payment gateway.

7.3 Invoice Terms. Invoice requests that which are made during checkout are deemed to be a binding agreement between you and icrunchdata for payment in full for ordered products and services on the Site. Invoices will be delivered via email and are subject to Net 30 day 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 entity based on its sole discretion, for any reason whatsoever; and may instead require pre-payment by credit card, ACH or wire before account activation is granted.

7.4 Collection Terms. You agree to pay icrunchdata invoices in full in a timely manner. In the event that payment in full is past due you agree that icrunchdata is entitled to the cost of collection (including reasonable attorney fees).

7.4 Order Cancellation. The cancellation of orders must be made in writing within (7) seven days from date of purchase and prior to your usage of the ordered products and services. You understand and agree, that if cancellation requests are not made within (7) seven days from date of purchase or you begin usage of icrunchdata's products or services, in whole or in part, that you will subject to payment in full equal to one hundred percent (100%) of the confirmed order in its entirety.

7.5 Refund Policy. icrunchdata has a (7) seven day refund policy for its products and services from date of purchase, and is valid only before you begin usage of employer products or job seeker products. Use case examples are including, but not limited to; posting a job ad, accessing the resume database and/or adding a paid or sponsored version of a resume.

7.6 Overages. Usage of products and services that exceeds the prepaid per unit quantity of ordered products and services will be subject to payment in full equal to one hundred percent (100%) of current value of products and services. This particularly applies to Job Advertising or Advertising Media that is automated via XML feed, where overages may commonly occur when pushing job ads or display ads automatically. In the event this occurs, you will be billed for the overage at the current value of products and services.

8. Links to Other Sites. icrunchdata contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by icrunchdata of the contents on such third-party websites. icrunchdata is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you agree that you do so at your own risk.

9. Amendments to this Agreement and Changes to Site. icrunchdata may revise this Agreement at any time by updating this page. Changes will be binding on you on the date they are updated on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms of Use (including any Exhibits thereto). If at any time you find the Terms of Use unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by icrunchdata unless icrunchdata agrees to them in a signed writing specifically including those new or different terms. Further, icrunchdata has the unrestricted right to update the Site, modify and re-package products, services, packages, features and functionality during the term of this agreement and make necessary adjustments to reasonably align to the new comparable products, packages, features and functionality based upon market conditions.

10. Indemnification. You agree to indemnify, and hold harmless icrunchdata (and its members, officers, directors, employees and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any content or display media by you, or your breach of this Agreement. icrunchdata shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

11. User Information. icrunchdata may collect certain personal information from Users and may contact Users periodically. In addition, icrunchdata reserves the unrestricted right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.

12. Questions and Notices. Questions concerning the use of the Site should be directed to the contact page. Notices shall be sent, for icrunchdata, to the address listed on the Site, and for you; to the address submitted by you or (if undisclosed) such other address as icrunchdata reasonably determines is an appropriate address for you.

13. Jurisdiction, Conduct, and Security Terms.

13.1 Jurisdiction Terms.
(a) You agree that the enforceability of this Agreement, Insertion Order Agreement, general use of the Site, or any claims arising hereunder; shall be governed exclusively by the jurisdiction, courts and venue of the State of Illinois, and further agree that its laws shall govern our relationship.
(b) icrunchdata makes no claims that content or display media are appropriate or may be downloaded outside of the United States. Access to content and display media may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws in your jurisdiction.
(c) The sole relationship between You and icrunchdata is that of independent entities. If any provision of this Agreement is held unenforceable, the remainder of the Agreement shall remain in full force and effect.
(d) All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by icrunchdata in a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement in connection with your Insertion Order Agreement where applicable, constitute the entire agreement between you and icrunchdata.

13.2 Conduct Terms.
(a) You may not respond to ads by other Users, Employers or Advertisers in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business by our competitors are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to publish inappropriate material on the Site, you risk losing your access to the Site. You agree to notify icrunchdata immediately of any unauthorized use of your registration and password.
(d) Report inappropriate ads or conduct to feedback.
(e) You may not delete or revise any material published by any other person or entity.
(f) If at any time during the term of this agreement icrunchdata comes to the understanding that you: (i) misled icrunchdata of your business practices and/or services, or (ii) purchased services that do not represent your precise business, icrunchdata reserves the right to terminate this agreement.
(g) icrunchdata is under no obligation to monitor the conduct of its Users, Employers and Advertisers, but it may investigate and respond when violations are reported.

13.3 Security Terms.
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, email-blasting, screen scraping, crashing or code injection; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup ads. Violations of system or network security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability. icrunchdata will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users, Employers or Advertisers who are involved in such violations.

14. Content Quality and Inclusion Guidelines.
At icrunchdata, we take special interest in helping Employers and Advertisers grow their organizations through high quality content. Therefore it’s of great importance that every form of advertising we present to our audience is a real and meaningful opportunity for them to elevate their careers and professional well being.

14.1 Spam Content.
Low quality, fake, misleading, deceptive and exuberantly messaged content will be considered spam content and is prohibited. Spam content shall be deemed at the sole discretion of icrunchdata and removed from Site. Examples of spam content shall include, but is not limited to:
(a) URLs or links to any third-party sites other than that which are owned or licensed by your organization (e.g. applicant tracking system, web analytics or content management system)
(b) Content that infringes on a copyright, patent or misappropriates any other intellectual property rights.
(c) Trade secrets that are unlicensed by you, or you do not have the exclusive rights to, or any other information that violates a non-disclosure agreement, non-compete agreement, state or federal law.
(d) Content that infringes on or violates the privacy or publicity rights of others
(e) Hidden text
(f) Content or acts that are discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive or hateful
(g) Low quality or fake content to allure or invite Users to take action on a promotion other than that which meets our Terms of Use herein.

14.2 Third-Party Content Providers Defined.
icrunchdata only accepts real, active content from direct employers, recruiting agencies, staffing firms, advertising agencies and any other authorized third parties that meet our guidelines herein. Third parties are defined as any party who is not the direct hiring company or destination brand entity, or any authorized party who is performing a recruiting service, advertising service or other service on behalf of their client (e.g. recruiting agency, staffing firm, advertising agency, consulting firm).

14.3 Content Guidelines for Job Advertising.
All Employers and third-party content providers are subject to icrunchdata's content guidelines for Job Advertising, whether or not in connection with any Insertion Order Agreement, and pertain to all forms of job ads. These guidelines can be found at icrunchdata.com/job-advertising-guidelines/.

14.4 Content Guidelines for Advertising Media.
All Advertisers and third-party content providers are subject to icrunchdata's content guidelines for Advertising Media, whether or not in connection with any Insertion Order Agreement, and pertain to all forms of display media, video, sponsored content, email marketing or any other branded sponsorship. These guidelines can be found at icrunchdata.com/advertising-media-guidelines/.

14.5 Right of Removal.
You acknowledge and agree that icrunchdata may, with no liability or penalty, remove any Job Advertising or Advertising Media, content, communication or information published, which in the sole judgment of icrunchdata, violates or may violate these Terms of Use, Advertising Media Guidelines, Job Advertising Guidelines, applicable laws, rules or regulations; third-party terms, or may adversely affect icrunchdata; is fake, false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.

14.6 Content Distribution.
In the interest of expanding the reach and enhancing value to Employers and Advertisers icrunchdata may distribute your Job Advertising or Advertising Media content to third-party distribution services, or in job alert emails, newsletter subscribers (collectively, "Distributors"). However, you acknowledge and accept that we have no control over any Distributor, and therefore, we provide no guarantee that your Job Advertising or Advertising Media will be included nor accepted by such Distributors. You accept that a Distributor may not have an obligation to publish or display your Job Advertising or Advertising Media in their services, and may reject your Job Advertising or Advertising Media for any reason whatsoever, regardless of your paid services with icrunchdata. You further agree that icrunchdata is not liable to you or any third party if your Job Advertising or Advertising Media are rejected or not published, and you will not be entitled to any refund for Job Advertising or Advertising Media not distributed. By publishing your content on icrunchdata, you authorize us to distribute your Job Advertising or Advertising Media to any current and future Distributors and on the icrunchdata website. You acknowledge and agree that icrunchdata cannot be responsible, and disclaims all liability, for Distributors and their actions or omissions related to your Job Advertising or Advertising Media, including without limitation their availability, operations, features and functionality. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by and selecting an appropriate candidate or customer relationship. In certain cases, Distributors may require that you agree to additional service policies in order to allow your content to be distributed on their services. As a condition to the distribution of your Job Advertising or Advertising Media to a Distributor's services, you hereby agree to such additional Distributor service policies.

15. Contact. If you have any questions about this Agreement, icrunchdata's business practices, or your dealings with the Site, please email us at service@icrunchdata.com, or by mail to:

icrunchdata
1770 S Randall Rd
Suite A303
Geneva, IL 60134

16. Effective.  Last updated 07/01/2017.