Terms and Conditions

TERMS OF USE AND PRIVACY POLICY

 

AGREEMENT BETWEEN USER AND HERC

The Higher Education Recruitment Consortium (HERC) website is composed of various online web pages and services, including a job board and a Community Portal.  “HERC Website” shall be defined herein to include www.hercjobs.org, regional HERC websites contained therein, a job board, a Community Portal, and all other online web pages and online services operated or hosted by HERC.

The HERC Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein.  Your use of the HERC Website constitutes your agreement to all such terms, conditions and notices.

MODIFICATION OF THESE TERMS OF USE

HERC reserves the right to change the terms, conditions, and notices under which the HERC Website is offered in our sole discretion, including but not limited to the changes associated with the use of the HERC Website.

Your continued use of the HERC Website following the posting of revised Terms of Use means that you accept and agree to the changes.

You may not use the HERC Website and may not accept the Terms of Use if you are a person barred from using services that HERC provides under the laws of any country in which you are resident or from which you use the services.

HERC reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user's confidentiality.

LINKS TO THIRD PARTY SITES

The HERC Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of HERC, and HERC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  HERC is not responsible for webcasting or any other form of transmission received from any Linked Site.  HERC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HERC of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the HERC Website, you warrant to HERC that you will not use the HERC Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the HERC Website in any manner, which could damage, disable, overburden, or impair the HERC Website or interfere with any other party's use and enjoyment of the HERC Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HERC Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.

PASSWORDS AND ACCOUNT SECURITY

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access HERC’s Website. Accordingly, you agree that you will be solely responsible to HERC for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify HERC immediately at support@hercjobs.org. You agree to not share access to the HERC Website.

USE OF COMMUNICATION SERVICES

The HERC Website may contain bulletin board services, chat areas, news groups, forums, commentary services, communities, personal web pages, calendars, membership directory, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with an individual, the public at large or with a group. This explicitly includes the online version of HERC’s Community Portal. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. To use the Communication Services you represent and warrant that you are at least of 18 years of age.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

·      Advertise or offer to sell or buy any goods or services for any business purpose;

·      Make any type of solicitation HERC deems to be inappropriate;

·      Use Communication Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives;

·      Conduct or forward surveys, contests, pyramid schemes or chain letters;

·      Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;

·      Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

·      Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

·      Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

·      Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

·      Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

·      Harvest or otherwise collect information about others, including email addresses, without their consent;

·      Interfere with or disrupt the integrity or performance of the Communication Services, any portion or contents thereof, or related systems or networks;

·      Use the Communication Services in any way which degrades their reliability, speed or operation, or their underlying hardware or software;

·      Restrict or inhibit any other user from using and enjoying the Communication Services;

·      Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service;

·      Violate any applicable laws or regulations.

Although we do not actively monitor, regulate or pre-screen your use of the HERC Website, we reserve the unconditional right (but not the obligation) to remove, move or edit any content we in our sole discretion consider harmful, offensive or unprofessional, disruptive, in violation of law, regulation or any agreement, including, without limitation:

 

  • Content which is or may be in violation of the Terms of Use;
  • Content that could reasonably be construed as a violation of federal, state or international law prohibiting anti-competitive activities or unfair trade practices. For example, participants should not discuss detailed salary, wage, or benefit pay by a company or industry, since such a discussion might fall outside of the FTC/Dept. of Justice safe harbor provisions for sharing of salary, wage, and benefits information.
  • Content that infringes any other person or entity's copyright, trademark, service mark, trade dress or privacy-related rights.
  • Content that is unprofessional or is harmful to the image of the higher education profession.

 

We have no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities.  Persons found in violation of this section may have their access to such communication services blocked, and, in certain cases, membership discipline procedures may be initiated.  By using the Communication Services, you agree to release HERC from any liability arising from content transmitted by anyone on the Communication Services, and you agree to release, hold harmless, indemnify and defend the Higher Education Recruitment Consortium from any and all legal or civil actions and penalties and costs, including without limitation attorneys' fees, arising from any content you transmit.

MATERIALS PROVIDED TO HERC OR POSTED TO ANY HERC WEBSITE

 

HERC does not claim ownership of the materials you provide to HERC (including feedback and suggestions) or post, upload, input or submit to any HERC Website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HERC and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with HERC.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. HERC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HERC’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

TERMINATION/ACCESS RESTRICTION

 

HERC reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the HERC Website and the related services or any portion thereof at any time, without notice.

 

LIABILITY DISCLAIMER

 

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND HERC EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT HERC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HERC WEBSITE MAY INCLUDE INHERCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HERC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE HERC WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE HERC WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 

HERC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND HERCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HERC WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HERC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HERC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HERC WEBSITE, WITH THE DELAY OR INABILITY TO USE THE HERC WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HERC WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HERC WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HERC (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HERC WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HERC WEBSITE.

 

Except as specifically stated in these Terms, or elsewhere on this website, or as otherwise required by applicable law, neither HERC nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, inability to use, or the performance of this website or its content, whether or not we have been advised of the possibility of such damages. HERC uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content's accuracy, correctness or reliability.

 

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

 

INDEMNIFICATION

 

Except as prohibited by law, you will hold HERC and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the services.

 

TRADEMARKS

 

All HERC trademarks are strictly owned by HERC, and nothing in these Terms can be construed to transfer ownership rights or grant any permission, license or other rights to any HERC trademark without written authorization from HERC.  The names of actual companies and products mentioned within the HERC Website may be the trademarks of their respective owners.  Any rights not expressly granted herein are reserved.

 

GENERAL TERMS

 

HERC has regions and affiliated entities (“Affiliates”). Sometimes, these Affiliates will be providing services to you on behalf of HERC. You acknowledge and agree that Affiliates will be entitled to provide the services to you.  As part of HERC’s continuing innovation, you acknowledge and agree that HERC may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at HERC’s sole discretion, without prior notice to you. You may stop using the services at any time.

 

You acknowledge and agree that if HERC disables access to your account, you may be prevented from accessing the services, your account details or any files or other content, which is contained in your account.

 

Unless you have been specifically permitted to do so in a separate agreement with HERC, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose, most especially including not sharing the data supplied by other HERC members to law firms or other vendors who are not HERC members. You agree that you are solely responsible for (and that HERC has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which HERC may suffer) of any such breach.

 

You acknowledge and agree that while HERC may not currently have set a fixed limit on the number of transmissions you may send, receive or store/manage through the services, such fixed limits may be set by HERC at any time, at HERC’s discretion.

 

You agree that if HERC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which HERC has the benefit of under any applicable law), this will not be taken to be a formal waiver of HERC’s rights and that those rights or remedies will still be available to HERC.

 

Unless HERC has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the services, grant a security interest in or over your rights to use the services, or otherwise transfer any part of your rights to use the software. This means also that you shall not share your password or member access with non-members or ineligible members.

 

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and HERC have benefited from, been subject to (or which have accrued over time while the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.

 

If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or HERC (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the State of California and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the State of California. The arbitration requirement does not apply to requests for injunctive relief.

 

Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both Parties each waive any right to a jury trial. Parties both agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

The Terms, and your relationship with HERC under the Terms, shall be governed by the laws of the State of California, USA, without regard to conflict of laws provisions. You and HERC agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that HERC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.


 

Privacy Policy

 

This Privacy Policy describes how HERC collects, uses, protects and discloses information collected when you engage with HERC through the HERC Website.  “HERC Website” shall be defined herein to include www.hercjobs.org, regional HERC websites contained therein, a job board, a Community Portal, and all other online web pages and online services operated or hosted by HERC.

HERC believes in transparent, respectful, lawful use of personal information. By visiting the Website and/or providing the information described below, you are accepting the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Website.

The Types of Information HERC Collects

Personal Data

As a general matter, HERC collects personally identifiable information – name, title, email address, mailing address, telephone number, social media information, demographic data – only when you voluntarily choose to provide it to us.

This happens when you:

·         sign up to receive our newsletter or other communications;

  • complete one of our online forms;
  • request information or assistance;
  • send an e-mail or call us (including one of our employees) through the contact information provided on the Website;
  • provide user-generated content on any part of the Website that permits it;
  • respond to, inquire about, or apply for an employment opportunity on the Website; or
  • interact with HERC’ pages or accounts on social media platforms – e.g., click on our social media links and/or provide information to us on those accounts.

In addition to the above, HERC may collect certain information that about you whenever you visit our Website. We also collect other information that relates to you whenever you visit the Website. Such information may include the Internet Protocol (IP) address of the computer, mobile device or other device you used to access the Website, the type of browser and operating system you used, the date and time you visited the Website, the Internet address of the site from which you linked to the Website, the links you follow from the Website, including to the third party processor of donations to HERC, and the reading history and other analytics related to how visitors to the Website use and view the content we’ve provided.

Web browser cookies

HERC may use “cookies” to enhance your experience while visiting the Website. HERC may also use cookies to measure aggregate web statistics, such as collecting the number of visitors to the Website, the number of repeat visitors, and the most popular webpages. HERC does not use cookies to track the activity of visitors to the Website on an individual basis.

Please note that you may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you choose to turn off cookies, however, some parts of the Website may not function properly.

How HERC Uses the Information that It Collects

HERC uses the information described in this Privacy Policy primarily to communicate with you where requested, and to enhance your experience on the Website. More specifically, we may use the information to: respond to specific inquiries and requests; add you to our mailing lists; manage, supervise or send our outreach, newsletter and other communications; contact you regarding an employment opportunity or application; process any registration or similar information you provide; improve our services, sites, facilities, events and other programmatic operations; communicate with you about a donation or processing a transaction; better understand how visitors use the Website so that we can improve the Website or its offerings; or comply with applicable law, court order, subpoena, or legal process.

If you sign up to receive the HERC newsletter or any of our other mailings, we may contact you with information that we think will be of interest to you. HERC will always provide an unsubscribe option with any official e-mails from our organization. If at any time you wish to stop receiving these communications, please follow the unsubscribe instructions at the bottom of the email, or send HERC an email at ­­­­­­­­­­­­­­­­­­ support@hercjobs.org and ask to be removed from HERC’s email list.

How HERC Protects User Information

HERC maintains data collection, storage and processing practices and security measures to help protect against unauthorized access, alteration, disclosure or destruction of your personal information. HERC is committed to keeping your personal information safe and secure. HERC mandates login security controls on equipment and systems, multi-factor user authentication, mandatory password expiry, digital storage encryption, routine scheduled patching and updates, and ongoing cybersecurity user training and awareness for HERC staff.

If you provide credit card information to make a donation, your credit card information is not held by HERC. It is collected by our third party payment processors specializing in the secure processing of credit or debit card transactions. Your credit card information is not stored by HERC.

We review our retention periods for personal information on a regular basis. The periods of retention depend on the type of data collected, the purpose for which the data is given, and requirements of applicable law.

Sharing Personal Information

Third Party Providers

HERC uses third party service providers to help us operate the Website and administer activities on HERC’ behalf, such as collecting donations online, processing applications for employment, or providing analytics, maintenance or site improvement, and operational support. These third party vendors may have access to Website visitor information, but are required to protect the confidentiality of the information and to use it only for the limited purpose for which it was provided.

If you believe personal data you provided to us is being misused by a third party, please contact us at support@hercjobs.org.

Compliance with Law

HERC will share personally identifiable information about those who use our Website or communicate with us when required to do so by law, or in the good faith belief that such action is necessary to comply with state and federal laws or to respond to a court order, subpoena, or search warrant. HERC may also share personally identifiable information if we believe it is necessary to protect the rights, property, and safety of us or others.

User Consent / Other Services

From time to time, we may explicitly request consent to use your information in a manner not covered by this Policy. In such a circumstance, we would ask you to voluntarily “opt in” to agree to such use. In addition, communications through our Website often lead to additional partnership opportunities and engagements, including in relation to grantmaking, programmatic or other collaborative partnerships. HERC may collect and use additional information in relation to those interactions, in each case as appropriate to the relationship between the parties.

Aggregated Data

HERC may share generic aggregated demographic information not linked to any personally identifiable information regarding visitors to our Website with third parties, including in connection with maintaining, improving, and fixing any operational errors on the Website.

Third Party Websites

HERC may provide links from the Website to other websites. HERC does not control the content or links that appear on these third party websites and is not responsible for the practices employed by websites linked to or from the Website. These websites and services have their own privacy policies. Browsing and interaction on any other website, including websites that have a link to or from HERC’ Website, is subject to that website’s own terms and policies. This Privacy Policy only covers information collected through the use of the Website. In addition, HERC does not currently respond to web browser “do not track” signals.

Compliance with Children’s Online Privacy Protection Act

Protecting the privacy of minors is especially important. For that reason, HERC never collects information at the Website from those HERC knows are under 16, and no part of the Website is structured specifically to attract anyone under 16. If HERC becomes aware of having information about anyone under 16, HERC will promptly delete the information.

California Privacy Rights

If you reside in California and have provided your personally identifiable information to HERC, you may request information once per calendar year about HERC’ disclosures of certain categories of your personally identifiable information to third parties for their direct marketing purposes. Such requests must be submitted to HERC at support@hercjobs.org.

GDPR

The Website is published in the United States and subject to laws of the United States. If you are an EU resident or citizen, you have additional rights in connection with your personal information pursuant to the General Data Protection Regulation (“GDPR”), including the right to request a copy of your personal information that HERC may have, and the right to request that we update, delete or anonymize that information. If you have any GDPR-specific questions or requests, please contact HERC at support@hercjobs.org.

Changes to this Privacy Policy

HERC may update this Privacy Policy at any time. When it does, HERC will revise the updated date at the top of this page. We encourage you to frequently check this page for any changes to stay informed about what information HERC collects and how it uses that information. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of any modifications since your last visit.

Your Acceptance of These Terms

By using the Website, you signify your acceptance of this Privacy Policy, including as it is amended from time to time. If you do not agree to this policy, please do not use the Website. Your continued use of the Website following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.

Contacting HERC

If you have any questions about this Privacy Policy or anything relating to the Website, please contact HERC at support@hercjobs.org.