Terms and Conditions of Use

Your Acceptance of HERC’s Policies

Thank you for visiting https://www.hercjobs.org/ (the “Website”), a website of The Higher Education Recruitment Consortium (“HERC”), a project of the Tides Center. By using and/or visiting the Website, which includes the sites located at the subdomains https://member.hercjobs.org (for member institutions) and https://main.hercjobs.org/jobseekers (for job seekers), you agree to abide by and be bound be these Terms and Conditions of Use, as well HERC’s Privacy Policy. You understand that HERC has the right to update these policies from time to time upon posting revised policies on the Website. By continuing to use the Website, you agree to the policies as amended. If you do not agree to any of these terms, please do not use the Website. The terms “you” or “user” refer to all individuals and entities accessing the Website for any reason. The terms “us” or “we” refer to HERC.

Purpose of the Website

HERC’s mission is to advance the ability of American higher educational institutions (“member institutions”) to recruit and retain the most diverse and talented workforce and to assist dual career couples. To do so, HERC collaborates with its member institutions to promote awareness of their employment opportunities. HERC focuses on matching educators, academics and academic administrative individuals (“job seekers”) with full-time and part-time teaching, research and administrative career opportunities. HERC, however, makes no guarantee that you will receive a job offer as a result of your use of the Website.

Links to Third Party Websites

The Website includes links to third party websites. Links are provided for your convenience and do not imply endorsement by HERC of any third party site or operator. HERC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, HERC will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve HERC from any and all liability arising from your use of the Website, as well as any third party website.  

Website Access

HERC hereby grants you permission to use the Website as set forth in these Terms and Conditions of Use, provided that you use the Website solely for its intended purpose of increasing diversity in hiring amongst our member institutions and connecting member institutions with people looking for jobs. HERC hereby grants you permission to make copies of any part of the Website in any medium to use for such purposes, provided that you retain the marks and copyright notices on your copy. You must obtain HERC’s prior consent to use any of the content on the Website for any other purpose. In addition, your use of the Website is conditioned upon your complete compliance with these Terms and Conditions of Use. 

Accounts, Account Security and User Submissions

If you create an account on the Website, you agree that your account is for your use only. You are not authorized to share access to the Website with any other person or entity. In addition, you are responsible for maintaining the confidentiality of your log in information, including your password. Accordingly, you agree that you will be solely responsible to HERC for all activities that occur using your account, whether authorized by you or not. If you become aware of any breach of security of your account, you must notify HERC immediately at support@hercjobs.org.

If you have an account, you have the ability to post materials to the Website or transmit messages to other users of the Website (“User Submissions”). User Submissions may consist, by way of example only, of job listings or messages to other member institutions about an issue (for member institutions), or a resume/CV (for job seekers). All User Submissions must be appropriate for the Website and must comply with these Terms and Conditions of Use. You understand that you will not be paid for use of your User Submissions. You recognize that your User Submissions may be viewed by the public and HERC will not be liable for any use (or misuse) of your User Submissions by any third party. In addition, HERC may refuse to post or remove any User Submission at any time in HERC’s sole discretion.

You understand that HERC reserves the right, in its sole discretion, to terminate your account at any time.

Restrictions on Use

You agree that you will not use the Website:

• To post incomplete, false or inaccurate information;
• To delete or revise material posted by any other person or entity;
• To advertise or offer to sell or buy any goods or services;
• For political campaigning, recruiting votes or soliciting support for legislative or other initiatives;
• To conduct or forward unauthorized surveys, contests, pyramid schemes or chain letters;
• To defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, such as rights of privacy and publicity;
• To publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, harmful, unprofessional, offensive, disruptive or unlawful material;
• To submit any material unless you own the rights or have received all necessary consents;
• To submit any material that contains viruses, corrupted files or any software or programs that may damage the operation of another’s computer;
• To harvest or otherwise collect information about others, including email addresses, without their consent;
• To interfere with or disrupt the integrity or performance of the Website;
• In any way that degrades the Website’s reliability, speed or operation;
• In any way that restricts or inhibits any other user from using and enjoying the Website;
• In any manner that tends to reflect negatively on HERC or the higher education profession;
• In violation of these Terms and Conditions of Use or of any other policy listed on the Website; or
• In violation of any applicable laws or regulations.

Website Monitoring

Although HERC does not actively monitor, regulate or pre-screen your use of the Website, we reserve the unconditional right (but not the obligation) to remove, move or edit any User Submission that we, in our sole discretion, consider to be in violation of these Terms and Conditions of Use.

HERC has no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities. A user found in violation of these Terms and Conditions of Use may have their account blocked, and, in certain cases, discipline procedures may be initiated. 

Intellectual Property Rights

The content on the Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to HERC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Website is provided to you AS IS for your information only and the Content and the Marks may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than as authorized herein without the prior written consent of the respective owners. HERC reserves all rights not expressly granted in and to the Website, the Content and the Marks. You agree not to engage in the use, copying, or distribution of any of the Content or the Marks other than as expressly permitted herein. If you download or print a copy of the Content for authorized purposes, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content or by using the Marks. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

HERC does not claim ownership of your User Submissions. However, by posting, uploading, inputting, providing or submitting your User Submissions, you represent and warrant that you own or otherwise have the rights necessary to do so. You also grant HERC the sublicenseable right to use your User Submissions in connection with HERC’s mission.

Warranty Disclaimer

You understand that HERC is not responsible for the job opportunities posted by member institutions or for the candidates looking for jobs on the Website and that HERC is not involved in any transactions between members institutions and job seekers. As such, HERC has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of member institutions to offer job opportunities to job seekers or the ability of job seekers to fill job openings. In addition, you understand that there are risks dealing with strangers whom you may meet through use of the Website and you assume all risks associated with your dealings with other users. HERC cannot and does not confirm that each user is who they claim to be

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, HERC AND THE TIDES CENTER AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. HERC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THe WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THe WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. HERC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, OR FOR ANY EMPLOYMENT OPPORTUNITY LISTED ON THE WEBSITE, OR ANY JOB APPLICANT USING THE WEBSITE, AND HERC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.  

Limitation of Liability

IN NO EVENT SHALL HERC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ORGANIZATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE MAXIMUM AMOUNT OF DAMAGES ATTRIBUTABLE TO HERC RELATING TO THIS WEBSITE SHALL BE ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT HERC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

By using the Website, you agree to release HERC and the Tides Center, and each of their officers, directors, employees and agents, from any liability arising from User Submissions posted by others. In addition, you agree to indemnify, defend and hold harmless HERC and the Tides Center, and each of their officers, directors, employees and agents from any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right or any law, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submission violates these Terms and Conditions of Use, including any third party right or any law. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website.

Assignment

These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HERC without restriction.

Ability to Accept Terms and Conditions of Use

You affirm that you have reached the age of majority in your jurisdiction or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use.

General

These Terms and Conditions of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and HERC that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the State of California. These Terms and Conditions of Use, together with the Privacy Policy and any other legal notices published by HERC on the Website, shall constitute the entire agreement between you and HERC concerning the Website. If any provision of these Terms and Conditions of Use is deemed invalid by a court of competent jurisdiction, such provision shall be restated in accordance with applicable law to best reflect the intention of the parties and the remaining provisions of these Terms and Conditions of Use shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and HERC’s failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision. YOU AND HERC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: January 26, 2021