Terms of Use
1. Introduction. Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the icrunchdata website. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the website. If you are an employer using the website, you may have entered into a written Membership Agreement with icrunchdata; in which case these Terms and Conditions are part of and incorporated into that Membership Agreement. These Terms and Conditions were last updated effective 1-29-12.
2. Binding Agreement. These Terms and Conditions form a binding agreement (the "Agreement") between you and REDN Enterprises, LLC (doing business as icrunchdata). Your access to or use of the website indicates your acceptance of these Terms and Conditions. icrunchdata reserves the right to update this Agreement from time to time without notice. You are also agreeing to use the website at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement: "Website" or the "Site" includes www.icrunchdata.com in its entirety and its related sites owned or operated by icrunchdata; and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site. "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 advertising banners.
"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, C# Script, Databases, etc.) used on the Site.
"Document" refers to any posting to the Site, whether job or resume. "Services" means any services provided on the Site by icrunchdata or its agents. "User" refers to any individual or entity that uses any aspect of the Site including Job Seeking in any other capacity except as an Employer.
"Employer" means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment or contract work.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
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 or recruiters seeking candidates for employment. 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 your personal use seeking employment opportunities for yourself, or for professional networking. This authorizes you to view and download 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, Image, or Photo you post to the Site and any consequences arising from such Document, Image, or Photo. Your use of the Site is a privilege. icrunchdata reserves the 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. icrunchdata hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the Resume/ User Database) provided by icrunchdata to any third party without the express written authorization of icrunchdata. You agree that you are solely responsible for the content of any Document, Image, or Photo you post to the Site and any consequences arising from such Document, Image, or Photo. icrunchdata reserves 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 and Conditions.
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 and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions 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 or its licensors, 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 for itself and its licensors all other right, title and interest. 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 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 icrunchdata assumes no responsibility for Documents, Images, or Photos posted by Users or Employers and no responsibility for the activities, omissions or other conduct of Users or Employers. icrunchdata acts as a portal for the online distribution and publication of User and Employer submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents, Images, or Photos posted by Users or Employers. If notified by a User of a Document, Image, or Photo 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 Document, Image, or Photo. icrunchdata has no liability or responsibility to Users or Employers for performance or nonperformance of such activities. icrunchdata may take any action with respect to User or Employer 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 or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 No Guaranty of Results. icrunchdata is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users and Employers. icrunchdata does not guarantee that Documents, Images, or Photos posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User or Employer.
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 MERCHANTABILITY, 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 on 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 Documents, Images, or Photos posted by Users or Employers, or of any other form of communication engaged in by Users or Employers. Documents, Images, and Photos may contain inaccuracies or typographical errors. You agree that any reliance on Documents, Images, or Photos posted by Users or Employers, or on any other form of communication with Users or Employers, 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 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, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS 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, AGENTS OR ADVERTISERS), 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 DOCUMENT, 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 TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ICRUNCHDATA'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL ICRUNCHDATA (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH ICRUNCHDATA, THE AMOUNTS ACTUALLY PAID BY YOU TO ICRUNCHDATA UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(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.
7. Payment of Services upon Termination of Membership Agreement. If at any time during the course of this Agreement you should terminate a Membership Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Membership Agreement by icrunchdata, icrunchdata shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Membership Agreement.
8. Links to Other Sites. icrunchdata contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by icrunchdata of the contents on such third-party web sites. icrunchdata is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
9. Amendments to this Agreement and Changes to Site. icrunchdata may revise this Agreement s at any time by updating this page. Changes will be binding on you on the date they are posted 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 and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions 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. icrunchdata may change the Site at any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless icrunchdata (and its 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 Document posted 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. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through icrunchdata’s on-line operations only. Please note, as set forth in the Privacy Policy, that icrunchdata may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, icrunchdata reserves the 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 Feedback. Notices shall be sent, for icrunchdata, to the address listed on the Site, and, for you, to the address submitted by you or such other address as icrunchdata reasonably determines is an appropriate address for you.
13. General, Posting, Conduct, and Security Terms.
13.1 General Terms:
(a) icrunchdata contact information is listed on the Site. The icrunchdata makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content 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 icrunchdata from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Membership Agreement, where applicable, are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Membership Agreement shall lie exclusively with the state, federal courts, and venue in the State of Texas.
(b) The sole relationship between You and icrunchdata is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect.
(c) 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 and your Membership Agreement where applicable, constitute the entire agreement between you and icrunchdata.
13.2 Posting Terms:
(a) Your Document(s), Images, and Photos may not contain: (i) URLs or links to Web sites (other than your home page, career page, or specific job on your site); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document, Image, or Photo and hidden from the User or Employer); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use your Document(s), Images, or Photos to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, Email Processors, Project 21, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User or Employer, including a request for payment to obtain job listings); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient detail to convey clearly to the User or Employer the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents that encourage the User or Employer to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
(d) Job postings must be individual openings for traditional, W-2 employees or 1099 contractors.
(e) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(f) icrunchdata is under no obligation to monitor the Document(s), Images, or Photos posted on the Site, but it may monitor Document(s), Images, or Photos at random. Document(s), Images or Photos found to violate the above Posting Rules may be removed at icrunchdata's discretion.
13.3 Conduct Terms:
(a) You may not respond to postings by other Users or Employers 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 post 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 postings or conduct to Feedback.
(e) You may not delete or revise any material posted 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, but it may investigate and respond when violations are reported.
13.4 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", "mail-bombing" or "crashing"; (iv) sending unsolicited e-mail, 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 e-mail or newsgroup posting. 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 who are involved in such violations.
14. Employers Additional Terms.
14.1 Employers: Term and Termination.
(a) The term (the “Term”) of this agreement shall be for the period set forth on the order form / pricing schedule. The term shall commence on the date of registration and execution of the agreement contained herein, and shall not be terminated by either party except as set forth below.
(b) If the Company breaches any of the terms of this Agreement, icrunchdata may discontinue the Company’s use of the icrunchdata service, terminate this agreement, and/ or pursue any other available remedies to enforce this Agreement and obtain payment hereunder. In the event of such a breach by the Company, icrunchdata shall be entitled to accelerate all fees due during the Term of the Agreement and to collect all costs incurred as a result of the breach by the Company.
(c) Either party may terminate this Agreement if: the other party applies for or consents to the appointment of a receiver, trustee, or liquidator of its assets, the other party makes a general assignment for the benefit of creditors, at petition seeking bankruptcy, or the parties mutually consent in writing to termination.
14.2 Employers: Description of icrunchdata Services, Payment of Fees, and Refund Policy.
(a) Each job posting or job slot purchased hereunder (“Posting”) shall be for the period set forth in the order form / pricing schedule, and must be posted during the Term. Any jobs posted by the Company on the icrunchdata website (the “Site”) in excess of the number jobs provided for in this Agreement shall be billed to the Company and shall be payable by the Company in accordance with the terms in the order form / pricing schedule.
(b) Amounts payable by the Company shall be due within thirty (30) days after registration on the Site. Any amounts owing after thirty (30) days shall be subject to interest charge of 1.5% per month, and shall also be subject to applicable collection charges and related expenses.
(c) Postings will be removed from the Site at the sole discretion of icrunchdata if, at any time, payments due have not been paid in full, including initial payments.
(d) The Company authorizes icrunchdata to charge a valid credit card if such payment method was selected and credit card information was provided on the order form.
(e) Cancellations within 3 business days of registration qualify for a 100% refund.
14.3 Employers: Service Obligations of icrunchdata
(a) icrunchdata shall be responsible to ensure only authorized jobs are posted on the Site. icrunchdata will charge at it’s sole discretion, for all Postings or job slots regardless of subsequent claims that Postings were not authorized or otherwise were posted in error. Any jobs posted or job slots added erroneously through the sole fault or error of icrunchdata will not be charged to the Company.
14.4 Employers: Resume Database.
(a) The Site’s resume database (the “Resume Database”) is a private database for the use by licensed users only. A licensed user is defined as the user to complete registration with one username and one password. A password will only be issued upon execution of this Agreement and satisfaction of its terms and conditions by the Company. In the event a username or password is shared with a user not authorized by icrunchdata, such event shall be considered a breach of this Agreement and icrunchdata may deactivate the Company’s account without issuing a refund. The Company further agrees to notify icrunchdata promptly after the departure of any person to whom a password was provided, and icrunchdata reserves the right to cancel such password and issue a new password to the Company’s replacement user. At icrunchdata’s sole discretion, icrunchdata reserves the right to periodically change issued passwords.
(b) Navigation / Search Engines: Notwithstanding anything to the contrary contained herein, the Company covenants and agrees not to use or attempt to use, and shall cause each party under its control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including but not limited to browsers, software, spiders, screen scrapers, avatars, adware, spyware, worms, trojans, malware or intelligent agents of any kind) to navigate or search the Site other than the search engine and tools provided from icrunchdata, and other generally available web browsers such as Internet Explorer, Safari, Firefox, or Chrome.
(c) The contents of the Site (including but not limited to all Resumes, User Profiles, Photos, Endorsements, and Job Postings), and all elements that are part of the foregoing, and all intellectual property and other proprietary rights therein, are property of icrunchdata.
14.5 Employers: Indemnification.
(a) Subject to Section 6, each party shall indemnify the other party and its representative officers, directors, employees, and agents from and against any claims, actions or demands, including but not limited to, reasonable legal and accounting fees arising or resulting from (i) a breach by the Indemnifying Party of this Agreement or any representation, warranty, covenant, or agreement contained herein, or (ii) the provision of any material to the Site by or on behalf of the Indemnifying Party, including but not limited to claims of breach on third party intellectual property rights. For purposes of the foregoing indemnity, the parties acknowledge that the following items shall not constitute material provided to the Site by or on behalf of icrunchdata.com: all postings, listings, resumes, message board threads, forum submissions, and all other materials submitted by or on behalf of the Company to the Site.
(b) The Indemnifying Party’s obligations under the immediately preceding paragraph will only apply if one Indemnifying Party notifies the other Indemnifying Party promptly in writing as to any such claim, action, or demand and gives the Indemnifying Party the opportunity to remedy said claim. If no reasonable remedy is provided then the Indemnifying Party with said claim gives the other Indemnifying Party the right to control and direct the investigation, preparation, defense, trial, and settlement of each such claim, action or demand. Notwithstanding the foregoing, the Indemnifying Party shall not settle any claim, action, or demand without the written consent of the Indemnified Party, such consent shall not be unreasonably withheld.
14.6 Employers: Limitation of Liability.
(a) ICRUNCHDATA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO ITS SERVICES OR THE SITE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF.
(b) Notwithstanding anything to the contrary contained herein, the extent arising or resulting solely from a third party claim relating to intellectual property rights of such third party, neither party will be liable to the other party (nor to any person claiming rights derived from the other party’s rights) for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind including loss of revenues or profits, loss of business or loss of data arising out of or in connection with this agreement or any icrunchdata services provided hereunder (including but not limited to any resulting breach of any warranty or other term of this agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know or in fact knew of the possibility thereof.
(c) IN THE EVENTOF A DISPUTE OR CLAIM, COMPANY ACKNOWLEDGES AND AGREES THAT THE LIABILITY FOR THE COMPANY AND ICRUNCHDATA, INCLUDING APPLICABLE PARENT, SUBSIDIARY, AND AFFILIATE ENTITIES; IS LIMITED TO THE TOTAL AMOUNT PAID BY COMPANY TO ICRUNCHDATA UNDER THIS AGREEMENT.
14.7 Employers: Terms of Use.
(a) By the Company’s execution of this Agreement, the Company hereby covenants and agrees to abide by such Terms of Use, and may be amended
from time to time by icrunchdata. To the extent there is any inconsistency between any of the Terms of Use and the terms of this Agreement, the terms of this Agreement shall Control.
14.8 Employers: Equal Opportunity Employment.
(a) Company agrees to comply with all applicable federal, state, and local laws of the United States, as applicable, including but not limited to the EQUAL OPPORTUNITY EMPLOYMENT ACT, and the ANTI-DISCRIMINATION PROVISION OF THE IMMIGRATION AND NATURALIZATION ACT.
(b) icrunchdata prohibits the posting of jobs that requires U.S. citizenship or lawful permanent residence in the U.S. as a condition of employment, unless otherwise required in order to comply with law, regulation, executive order, or government contact.
(c) icrunchdata prohibits the posting of any job requirement or criterion in connection with a job posting that discriminates on the basis of citizenship status or national origin.
14.9 Employers: Miscellaneous.
(a) Each party agrees to comply with all applicable federal, state, and local laws of the United States, as applicable, including but not limited to laws related to labor and employment, data privacy, data access and use, and intellectual property.
(b) This Agreement (i) constitutes the entire agreement between parties with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto, (ii) may be signed in counterparts, (iii) shall be governed by the laws, courts, and venue of the state of Texas, and the federal laws of the United States, (iv) may not be amended, terminated, or waived orally, and (v) may not be assigned, transferred, or resold, in whole or in part, directly or indirectly, by operation law, merger, acquisition, asset or stock sale by either party, except with expressed written consent from icrunchdata.
(c) Any terms of this agreement that may be deemed invalid shall not affect the validity or enforcement of the remaining valid terms of this Agreement. The terms and conditions of this Agreement may not be amended without prior written consent of icrunchdata. All notices given hereunder shall be given by first class mail, return receipt requested, overnight courier to the icrunchdata address disclosed on the contact page of the Site.