AGREEMENT BETWEEN USER AND HERC
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.
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.
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.
means that you accept and agree to the changes.
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.
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
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
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
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 email@example.com. You agree to not share access to the HERC
USE OF COMMUNICATION SERVICES
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.
way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
or offer to sell or buy any goods or services for any business purpose;
any type of solicitation HERC deems to be inappropriate;
Communication Services for political campaigning, recruiting votes, or soliciting
support for legislative or other initiatives;
or forward surveys, contests, pyramid schemes or chain letters;
any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such manner;
abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others;
post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information;
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;
files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer;
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;
or otherwise collect information about others, including email addresses,
without their consent;
with or disrupt the integrity or performance of the Communication Services, any
portion or contents thereof, or related systems or networks;
the Communication Services in any way which degrades their reliability, speed
or operation, or their underlying hardware or software;
or inhibit any other user from using and enjoying the Communication Services;
any code of conduct or other guidelines, which may be applicable for any
particular Communication Service;
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,
- Content which is or may be in violation of the Terms of
- 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
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.
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
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
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.
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.
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.
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
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
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
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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
do not use the Website.
The Types of Information HERC
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
- 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
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
Please note that you may choose to
sent. If you choose to turn off cookies, however, some parts of the Website may
not function properly.
How HERC Uses the Information that
HERC uses the information described
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
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 firstname.lastname@example.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
If you believe personal data you
provided to us is being misused by a third party, please contact us at email@example.com.
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.
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
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.
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 firstname.lastname@example.org.
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 email@example.com.
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
Your Acceptance of These Terms
By using the Website, you signify
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.
If you have any questions about this