Terms of Service - The Crucible

The Crucible Terms of Service

Last Updated: April 2025

These Terms of Service (“Terms”) govern your access to and use of this website (the “Site”), provided by Crucible Holdings LLC (including its affiliates, “The Crucible,” “we,” “us,” or “our”), and all related platforms, tools, content, materials, and technology (together with the Site, the “Services”). These Terms apply to all recipients and users of the Services, including without limitation individual candidates and The Crucible clients.

By accessing or using the Services, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Services.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Services after changes are posted, you agree to those changes. Material changes will be clearly posted on the Site or otherwise communicated to you.

Privacy Policy. We may collect certain information about you and from your use of the Services as described in our Privacy Policy, which is incorporated into and made a part of these Terms and describes our information collection, use, and sharing practices.
License; Purpose. Provided you comply with these Terms, The Crucible grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Site solely for your own personal purposes and, in any event, in accordance with all related documentation, rules, or restrictions posted on the Site or otherwise provided by The Crucible. If and to the extent The Crucible provides you with access to the Services’ online leadership assessment tools or any related reports or other materials in connection with your use of the Services, those materials will be subject to the above license. Additionally, Site content that is configured for downloading or printing (such as leadership assessment reports) may be downloaded, copied, and printed by users for their own personal use solely in connection with their permitted use of the Site, provided that the user does not: modify the content; sell or otherwise commercialize the content in any manner; nor remove, alter, or modify any copyright, trademark, trade name, service mark, or other proprietary notices in or on the content.

You understand that your use of our assessment tools and your completion and submission of answers and other information in connection with those tools are solely for purposes of our provision of consulting and related services to our clients. Your completion of an assessment or submission of a resume or other materials does not in any way require The Crucible, any The Crucible client, or any other person to review those materials or consider you for a position or opportunity of any kind, nor to provide you with any reports or other assessment results.

The above license will automatically terminate upon any failure by you to comply with these Terms. These Terms begin upon your first access to or use of the Services and will continue in effect until termination in accordance with these Terms.

Data Ownership. Any and all data collected by The Crucible as a result of your access to or use of the Services, but excluding any personal information, is, as between you and The Crucible and to the extent permitted by applicable law, owned exclusively by The Crucible. Additionally, any and all anonymized and aggregated data created based on or using personal information is, as between you and The Crucible and to the extent permitted by applicable law, owned exclusively by The Crucible. You acknowledge and understand that The Crucible may, subject to applicable law and without compensation to you, use The Crucible-owned data in any manner for its business purposes.
Your Warranties. You represent and warrant that:
You have the authority to enter into these Terms;

- You are at least eighteen (18) years of age;

You are under no contractual obligation that will interfere with your ability to perform under these Terms;

You will not access or use the Site or our other Services in any manner not permitted by these Terms;

You will perform your obligations and exercise your rights under these Terms in compliance with all applicable laws and regulations;

All information you provide in connection with the Services, including via your access to and use of the Site, is true, accurate, and complete to the best of your knowledge and belief; and
If you submit the personal information of any person other than yourself in using the Services, you have sufficient permission from that person to provide us with that information.

Use Restrictions. You will NOT, nor will you permit any person to:

Access or use the Services for purposes other than as expressly permitted by these Terms;

Access or use the Services for unlawful purposes;

Copy, download, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, distribute, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, discover the source code of, combine with other computer code or materials, translate, adapt, update, or modify the Services or any part thereof, except that you may download, copy, and print certain content that is configured for downloading as specifically described above in these Terms;
Obscure, remove, alter, or modify any copyright, trademark, or other proprietary markings, designations, or notices in or on the Services;
Provide inaccurate, incomplete, or out-of-date information via the Services;
Impersonate or attempt to impersonate another person;
Commit fraud or falsify information in connection with your use of the Services;
Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services for purposes of creating or compiling that content for any purpose;
Access or use the Services to develop, create, produce, enhance, or add to any database;
Access, use, or copy any portion of the Services, including any of their content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
Use the Services in any way that infringes on or violates the rights of any other person or entity;
Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Services;
Submit or provide through or using the Services any information or content that is defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the rights of third parties;
Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Services or any computers, hardware, software, system, data, or networks;
Engage in activities that aim to render the Services or associated services inoperable or to make their use more difficult;
Use the Services as part of any effort to compete with The Crucible or to provide services as a service bureau;
Develop, assist in developing, or have developed on your own or on any other person’s behalf any software, technology, products, or services that compete with or are substantially similar to the Services or any part thereof;
Access, use, or analyze the Services for any purpose that is to The Crucible’s detriment or commercial disadvantage; nor
Act maliciously against the business interests or reputation of The Crucible, any user of the Services, or any client of The Crucible.

Intellectual Property Rights. The Services and all related content and materials, including their text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content (including any and all reports and analytics), and the design, selection, and arrangement of content are exclusively the property of The Crucible or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to The Crucible or any third party is prohibited and may be prosecuted to the fullest extent of the law. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

Except as may be expressly described in these Terms, no licenses or other rights, express or implied, are granted by The Crucible to you under any patent, copyright, trademark, trade secret, or other intellectual property right of The Crucible and all such rights are reserved and retained by The Crucible.

User Accounts. You may be required to create an account in order to access or use certain Services. To create an account, you will be required to submit certain information and to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Services, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately using the contact information below under “Contact Us.”
Additional Terms. Your access to or use of certain features or functionality of the Services may be subject to additional terms, conditions, rules, or policies, all of which are incorporated by reference into these Terms.

Termination of Access. The Crucible may, for any reason and in its sole discretion, suspend, deactivate, or terminate your account or your use of the Services, and may terminate these Terms, without notice or liability, including if you breach these Terms, upon any unauthorized use of your username or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Services to you. You may terminate your account at any time by contacting us using the contact information below under “Contact Us.”

Services Availability; Changes to the Services. Any features, materials, products, or services made available through the Services or otherwise by The Crucible are subject to availability. The Crucible may change the Services, including the features, materials, products, and services made available through the Services, at any time without notice or liability.

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND THE CRUCIBLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

THE CRUCIBLE DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICES, NOR DOES THE CRUCIBLE WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SERVICES IS ACCURATE OR RELIABLE. THE CRUCIBLE DOES NOT WARRANT OR GUARANTEE THAT AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. THE CRUCIBLE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE SERVICES. THE CRUCIBLE HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. SERVICES ARE NOT GUARANTEED TO IMPROVE ABILITIES, SKILLS, OR PERFORMANCE.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ACCESS THERETO MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET (INCLUDING YOUR INTERNET CONNECTION), WIRELESS NETWORKS, TELECOMMUNICATIONS, AND ELECTRONIC COMMUNICATIONS. THE CRUCIBLE IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES, DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS OR ANY OTHER PROBLEMS OUTSIDE OF THE CRUCIBLE’S REASONABLE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS SERVICES, THE INTERNET, YOUR INTERNET CONNECTION, WIRELESS NETWORKS, AND ANY THIRD-PARTY SOFTWARE OR CONTENT.

WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SERVICES FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CRUCIBLE OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE CRUCIBLE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS (TOGETHER, “THE CRUCIBLE PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES (INCLUDING WITHOUT LIMITATION THE PROVISION OF INFORMATION AND ANY RELIANCE ON ANY REPORTS OR OTHER SERVICES CONTENT), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A THE CRUCIBLE PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICES.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE CRUCIBLE PARTIES’ LIABILITY TO YOU EXCEED $50, EVEN IF THIS REMEDY 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.

Indemnification. You will indemnify, defend, and hold harmless The Crucible Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Services, (b) your misuse of or reliance on any materials or information viewed, downloaded, or otherwise accessed or obtained through or in connection with the Services, (c) your submission of information, documents, and other content (including personal information) through or in connection with the Services, (d) your violation of or noncompliance with applicable laws or regulations, (e) your breach of these Terms, (f) your negligence, willful misconduct, or fraud, or (g) death or personal injury resulting from your acts or omissions. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Force Majeure. The Crucible will not be liable to you or to any third party for any delay or other failure to perform under these Terms that is due to causes beyond The Crucible’s control, including without limitation acts of God, terrorism, civil disorders, labor disputes, shortages, riot, war, strikes, acts of a public enemy, acts of the United States of America, any state, territory or political division thereof, or any other nation or government, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, epidemics, pandemics, acts or omissions of third parties, telecommunications failures, Internet failures, and similar causes and events.

Linking to the Site. If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link unless you request a graphic badge from The Crucible, in which case you may use any graphic badge provided by The Crucible to link to the Site, and, in any case, the link must be clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with The Crucible’s names or trademarks; (d) the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by The Crucible; and (e) the link, when activated by a user, must display the Site full-screen and not within a frame or mirror. The Crucible reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

Third-Party Websites and Services. The Services may link to, or be linked to, websites and services not maintained or controlled by The Crucible. Those links are provided as a convenience and The Crucible is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or services or any products or services made available through those websites or services. Please take care when leaving the Services to visit a third-party website or service. You should read the terms of use and privacy policy for each website and service that you use.

Feedback. The Crucible welcomes comments regarding the Services. If you submit comments or feedback regarding the Services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
Governing Law; Dispute Resolution. These Terms are governed by the laws of the state of Ohio, without regard to its conflict of law principles, and, as applicable, the federal laws of the United States. Venue is exclusively in the state or federal courts, as applicable, located in Cuyahoga County, Ohio, with respect to any dispute arising under these Terms unless otherwise determined by The Crucible in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to the Services more than one (1) year after the claim arises.

Relationship of the Parties. The Crucible is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between the parties, their affiliates, or their respective employees, contractors, or agents. Neither party has any authority to contract for or bind the other party in any manner or make any representation or commitment on behalf of the other party.

Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You will not assign these Terms without our prior written consent. Any attempted assignment by you without our consent will be void. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties’ respective successors and assigns.
Entire Agreement; Interpretation. These Terms, including our Privacy Policy, are the entire agreement between you and The Crucible with respect to your access to and use of the Services. The Crucible’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by The Crucible.

If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, that provision will be ineffective in that jurisdiction to the extent of the invalidity or unenforceability, without invalidating any other provision of these Terms. The headings in these Terms are for convenience only and will not affect the construction or interpretation of these Terms.

These Terms do not confer any rights, remedies, or benefits upon any person other than you and The Crucible, except that our affiliates are third-party beneficiaries of these Terms.

Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Services.
Notice. All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. Please print or otherwise save a copy of these Terms and all notices, consents, and other communications for your reference.
Contact Us. Please direct any questions and concerns regarding these Terms or the Services to us by email at contact@thecrucible.com.