Last Updated: March 16, 2023
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. BY ACCESSING OR USING THE SITE AFTER CHANGES ARE POSTED YOU AGREE TO THOSE CHANGES.
THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE COMPANY IN A CLASS ACTION LAWSUIT.
2. Content. The Site, including its text, audio, video, graphics, photographs, interfaces, icons, software, computer code, data, Marks, documentation, and other works of authorship, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Company or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, Company reserves all ownership rights in and to the Site and Content, including all intellectual property rights. Only authorized individuals may modify or post materials on the Site.
3. Site Use Rights. Company grants to you a limited, non-transferable, non-exclusive, terminable right to use the Site and the Content so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you, and applicable laws.
4. Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any intellectual property belonging to Company or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
5. Use of Marks. Company owns certain trademarks, names, logos, insignia, and service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by Company. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.
6. Copyright Policy. We respect the intellectual property rights of others and we ask that you do the same. It is our policy to terminate repeat infringers’ use of the Site. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Site if we become aware of the same. If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
A description of the copyrighted work(s) that you claim have been infringed;
A description of the allegedly infringing material, including its location on the Site;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your email address, telephone number, and mailing address;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Your notice must meet the DMCA requirements. Contact information for our designated agent for notice of claims of copyright infringement is:
CREA Marketing Department, 30 S. Meridian St., Suite 400, Indianapolis, IN 46204, 317-634-4797, email@example.com.
8. Acceptable Use Policies.
(a) Compliance with Laws. You are responsible for complying with all applicable laws, regulations, and rules in connection with your access to and use of the Site, including all applicable rules regarding online conduct.
(b) Children’s Information. This Site is not intended for use by anyone under the age of thirteen (13) years old. No services on the Site are directed towards anyone under the age of thirteen (13) years old. If you are under the age of thirteen (13) you must immediately stop using this Site. If you suspect your child has provided Personal Information to us, please contact as at firstname.lastname@example.org, provide us the relevant information, and we will make commercially reasonable efforts to promptly delete your child's Personal Information.
(c) Anti-virus. You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site.
(d) Information You Provide. When you provide information to us, you agree that you only provide current, accurate information and you only provide information that you have a right to share. You must be truthful and accurate in your computer identity. Do not provide us any information that violates law or another person’s intellectual property rights or privacy rights.
(e) Use for its Intended Purpose. You shall only use the Site and the Content for their intended purposes for which they are made available to you by Company. To use the Site and Content, you must respect the academic and free speech rights of others.
9. Restrictions on Your Use of the Site.
(a) You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Company’s prior written consent.
(b) You will not use the Site for unlawful purposes.
(c) You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the interests or reputation of Company.
(d) You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.
(e) You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
(f) You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
(g) You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
(h) You may not frame, mirror or circumvent the navigational structure of any part of the Site.
(i) You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
(j) You shall not access any Account of which you are not the authorized user.
(k) You shall not: (i) use or attempt to access an account or passwords that are not yours, (ii) misrepresent your identity in any way, (iii) intercept messages without permission, (iv) use Company’s computing resources beyond your authorization, or (v) make Company’s resources available to third parties.
10. Social Media.
(a) Our Posts on Social Media. Links to Company’s social media pages (e.g., Facebook, Twitter, Instagram, and LinkedIn) may be included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Company’s views. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, it is not an endorsement of that person or party or any product, service, or company they represent.
(b) Your Posts on Social Media. We may or may not review content you and other third parties post on our Social Media Pages. We may remove anything that we deem offensive, inappropriate or inconsistent with the vision of Company posted on our Social Media Pages. We may work with third-party service providers of the Social Media Pages to block users who are being offensive, abusive, disruptive or otherwise violating these Terms or applicable laws. We will treat all information posted to our Social Media pages as non-confidential.
You warrant that all information contained in an application you provide is current, accurate, and complete. Do not provide any resume or other application materials for any person other than yourself. Your submission of an application does not in any way require Company to review that application or consider you for a position. Employment opportunities on the Site are subject to change at any time, at our sole discretion and without notice.
12. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. COMPANY MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. COMPANY DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS OR LICENSORS (TOGETHER, “COMPANY PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF A COMPANY PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
14. INDEMNIFICATION. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH
(a) YOUR VIOLATION OF APPLICABLE LAWS,
(b) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND
WE RESERVE, AND YOU GRANT TO US, THE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. IF A COMPANY PARTY DEMANDS INDEMNITY UNDER THIS SECTION, SUCH COMPANY PARTY HAS THE RIGHT TO SELECT LEGAL COUNSEL OF ITS OWN CHOOSING TO REPRESENT COMPANY, AND YOU AGREE TO PAY THE REASONABLE COSTS AND ATTORNEYS’ FEES INCURRED BY SUCH LEGAL COUNSEL.
15. Third-Party Websites and Content. The Site may link to, or be linked to, websites not maintained or controlled by Company. The Site also contains certain third-party Content. We provide third-party links and Content for your convenience, not as an endorsement. Presence of third-party links or Content does not mean there is any association between Company and any third party.
16. Linking to the Site. You may not link to the Company Site on your website or elsewhere without Company’s prior written consent. If Company grants its consent, additional terms may apply.
17. Feedback. If you submit comments or feedback to us regarding the Site or Content, they will not be treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
18. Governing Law. These Terms are governed by the laws of the state of Indiana, U.S.A. without regard to conflict of laws principles. You agree to venue exclusively in the state or federal courts located in Indianapolis, Indiana, with respect to any dispute arising under these Terms and you expressly agree to the exclusive jurisdiction of those courts.
19. Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content.
(a) Discontinuation. Company may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. In addition, Company may suspend or terminate your Account, in whole or in part, temporarily or permanently as further described in [insert any applicable account terms].
(b) No Liability for Suspension or Termination. Company shall not be liable to you or anyone else for any damages arising from or related to Company’s suspension or termination of your access to the Site, Content, or Account or in the event Company modifies, discontinues or restricts the availability of the Site, Content, or Account (in whole or in part).
20. Cooperation with Law Enforcement. Company will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD COMPANY AND ITS REPRESENTATIVES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
21. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent.
23. Waiver. Company’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver will be effective only if in writing and signed by Company.
24. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.
25. Electronic Communications. These Terms and any other agreements, notices, or communications between you and Company may be provided to you electronically if permitted by law. Company may provide notices to you by using any contact information provided by you or through your Account, or by posting such notices to the Site. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
26. Agreement to Arbitrate
BOTH PARTIES AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OR RELATING TO SITE THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.
(a) WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST COMPANY IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to Company’s right to appeal.
(b) Good Faith Discussions. You and Company must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
(c) Rules. You and Company agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/Rules. You and Company agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
(d) Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
(e) Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site, including as to the enforceability and/or formation of this agreement to arbitrate made between you and Company.
(f) Location. You agree that arbitration shall take place exclusively in Indianapolis, Indiana. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
(g) Time Limit. Any claim by you arising in connection with the Site must be commenced by you within one (1) year of the dispute giving rise to the claim.
(h) Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
(i) Changes to this Agreement to Arbitrate. If Company modifies this arbitration provision, you may reject that change by sending Company written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account, if any.
(j) The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties, but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
(k) Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
(l) Exceptions. Notwithstanding anything to the contrary in this Section, you and Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
Terms Applicable To New Jersey Consumers
No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Company reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
Contact Us. Please direct any questions and concerns regarding these Terms to us at the following:
Attn: Legal Department
30 South Meridian Street, Suite 400
Indianapolis, Indiana 46239