Terms & Privacy
Copyright and Liability Statement & Terms of Service Agreement (“Agreement”)
The Higher Education Recruitment Consortium (HERC) Web Site is owned by the Higher Education Recruitment Consortium (HERC) and operated by personnel. If you have any questions concerning our Web Site or its terms, conditions, or policies, please contact us via email.
Please read these Terms of Service carefully before using this site.
These pages state the “Agreement” with the “Terms and Conditions” under which you may use the Higher Education Recruitment Consortium (HERC) website (the “Web Site”). Please read these pages carefully. If you do not accept the Terms and Conditions of the Agreement stated here, please do not use the Web Site and services it offers. By using the Web Site, you are indicating your acceptance to abide and be bound by the terms, conditions, notices and guidelines contained in this Agreement and all modifications thereto. Higher Education Recruitment Consortium (HERC) may revise this Agreement at any time by updating this posting. You should visit this page periodically to review the Agreement and Terms and Conditions, as they are binding. Your continued use of this Web Site following the posting of changes to this Agreement will signify your acceptance of such changes. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing the Web Site for any reason. The terms “Us”, “We” and “Our” as used herein refer to HERC and this web site.
Higher Education Recruitment Consortium (HERC) makes no representations about the suitability of the information on our Web Site for any purpose. It is provided “as is” without express or implied warranty. HERC disclaims all warranties with regard to this information, including all implied warranties of merchantability and fitness. HERC shall not be liable to any party for any special, indirect or consequential damages that arises in any form from the use of our Web Site.
2. Purpose of this Site.
Higher Education Recruitment Consortium (HERC) is a partnership of American higher educational institutions whose purpose is to promote awareness of employment opportunities with participating members. Our service focuses on matching educators, academics, and academic administrative individuals with full-time and part-time teaching, research, and administrative career opportunities in the region. Due to the highly individualized nature of career placement, we cannot guarantee you that you will receive a career opportunity as a result of your use of this service.
3. Personal Content.
You may provide information about yourself and your qualifications for inclusion on our Web Site. In so doing, you agree to provide only content that is lawful and appropriate to the circumstances. In addition, but without limitation, you agree to also abide by the General Non-acceptable Site Use Rules, Web Site Security & Operational Rules, and Specific Prohibited Site Use Rules that are incorporated below. By submitting comments or personal information you understand that we will post it on our Web Site. Your post may be viewed by the public, member institutions, and employers, which may include your current employer.
Under no circumstances will we be liable for any misuse of your publically viewable information by any third party or any legal ramifications arising from or directly caused by the release of said information.
4. Copyright and Trademark Notices.
All contents on this site are: Copyright. Higher Education Recruitment Consortium (HERC). All rights reserved. Higher Education Recruitment Consortium (HERC). The Higher Education Recruitment Consortium (HERC) logo is a trademark or registered trademark. © Copyright 2002-2013 Higher Education Recruitment Consortium (HERC). Other products and company names mentioned herein may be the trademarks or trade names of their respective owners. Permission to use, copy and distribute images and information from our Web Site will only be granted with specific written permission of Higher Education Recruitment Consortium (HERC) (excluding the information related to employment opportunities). However, written permission is hereby granted for the use of the Higher Education Recruitment Consortium (HERC) logo for the specific purpose of “linking” from another web site to www.hercjobs.org. All other rights reserved.
5. Use of Material.
Higher Education Recruitment Consortium (HERC) authorizes you to view and download a single copy of the material on our Web Site solely for your personal, non-commercial use. The contents of our Web Site, such as text, graphics, images, logos, button icons, software and other “Material”, are protected under United States and foreign copyright, trademark and other laws. All Material is the property of Higher Education Recruitment Consortium (HERC) or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on our Web Site is the exclusive property of Higher Education Recruitment Consortium (HERC) and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web Site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that Higher Education Recruitment Consortium (HERC) creates to generate its pages. It is also protected by Higher Education Recruitment Consortium (HERC) copyright.
6. General Non-Acceptable Site Use Rules:
Users may not use our Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, or (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
7. Specific Prohibited Site Use Rules.
Individuals seeking employment and career information and employers seeking employees may use our Web Site only for lawful purposes. As a user, you are responsible for your own communications and are responsible for the consequences of their posting. Higher Education Recruitment Consortium (HERC) specifically prohibits any use of our Web Site, and all users agree not to use our Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume; posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children; posting of advertisements, promotions, or commercial solicitations unrelated to the mission of Higher Education Recruitment Consortium (HERC); posting any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents; posting of information intended to assist in the placement of a bet or wager; deleting or revising any material posted by any other person or entity; if you have a password allowing access to a non-public area of our Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose; aggregating, copying or duplicating in any manner any of the materials or information available from our Web Site; posting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
8. Web Site Security & Operational Rules.
Users are prohibited from violating or attempting to violate the security of our Web Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to our Web Site; overloading, “flooding”, “spamming”, “mail bombing” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) using any device, software or routine to interfere or attempt to interfere with the proper working of our Web Site or any activity being conducted on this site; (g) taking any action which imposes an unreasonable or disproportionately large load on our Web Site’s infrastructure; (h) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Web Site other than the search engine and search agents available from Higher Education Recruitment Consortium (HERC) on our Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); and/or (i) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of our Web Site. Violations of system or network security may result in civil or criminal liability. Higher Education Recruitment Consortium (HERC) will investigate occurrences that may involve such violations and may involve, and/or cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
9. User Information.
When you register for our Web Site, you will be asked to provide Higher Education Recruitment Consortium (HERC) with certain information including, without limitation, a valid email address (your “Information”). In addition to the terms and conditions that may be set forth in this or any policy on our Web Site, you understand and agree that Higher Education Recruitment Consortium (HERC) may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Higher Education Recruitment Consortium (HERC) will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Higher Education Recruitment Consortium (HERC) reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Higher Education Recruitment Consortium (HERC) or by third parties.
10. The Role of Higher Education Recruitment Consortium (HERC)
Higher Education Recruitment Consortium (HERC) does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
Higher Education Recruitment Consortium (HERC) acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to this Agreement, Higher Education Recruitment Consortium (HERC) may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Higher Education Recruitment Consortium (HERC) has no liability or responsibility to users for performance or nonperformance of such activities. Higher Education Recruitment Consortium (HERC) reserves the right to expel users and prevent their further access to our Web Site for violating the Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive. Higher Education Recruitment Consortium (HERC) may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Higher Education Recruitment Consortium (HERC) or may cause Higher Education Recruitment Consortium (HERC) to lose (in whole or in part) the services of its ISPs or other suppliers.
11. Registration and Password.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Higher Education Recruitment Consortium (HERC) of any unauthorized use of your registration or password.
12. Higher Education Recruitment Consortium (HERC)’s Liability.
Higher Education Recruitment Consortium (HERC) is only a venue and our Web Site acts as a venue for employers to post job opportunities and candidates to discuss opportunities and does not screen or censor the listings offered. Higher Education Recruitment Consortium (HERC) is not involved in the actual transaction between employers and candidates. As a result, Higher Education Recruitment Consortium (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 employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through our Web Site. Because user authentication on the Internet is difficult, Higher Education Recruitment Consortium (HERC) cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on Higher Education Recruitment Consortium (HERC), in the event that you have a dispute with one or more users, you release Higher Education Recruitment Consortium (HERC) (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Higher Education Recruitment Consortium (HERC) is under no legal obligation to, and generally does not, control the information provided by other users, which is made available through our Web Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Higher Education Recruitment Consortium (HERC) expects that users will use caution and common sense when using our Web Site.
The Material on Higher Education Recruitment Consortium (HERC)’s Web Site may contain inaccuracies or typographical errors. Higher Education Recruitment Consortium (HERC) makes no representations about the accuracy, reliability, completeness, or timeliness of our Web Site or the Material. The use of our Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on our Web Site. Employers are solely responsible for their postings on our Web Site.
Higher Education Recruitment Consortium (HERC) is not to be considered to be an employer with respect to your use of our Web Site and Higher Education Recruitment Consortium (HERC) shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on our Web Site.
Higher Education Recruitment Consortium (HERC) does not warrant that our Web Site will operate error-free or that our Web Site and its server are free of computer viruses or other harmful mechanisms. If your use of our Web Site or the material results in the need for servicing or replacing equipment or data, Higher Education Recruitment Consortium (HERC) is not responsible for those costs.
Our Web Site and material are provided on an “as is” basis without any warranties of any kind. Higher Education Recruitment Consortium (HERC), to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Higher Education Recruitment Consortium (HERC) makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
13. Disclaimer of Consequential Damages.
In no event shall Higher Education Recruitment Consortium (HERC), its suppliers, or any third parties mentioned on our Web Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use our Web Site and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Higher Education Recruitment Consortium (HERC) is advised of the possibility of such damages.
14. Links to Other Sites.
Our Web Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by Higher Education Recruitment Consortium (HERC) of the contents on such third party Web Sites. Higher Education Recruitment Consortium (HERC) is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third party Web Sites, you do so at your own risk.
15. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under this Agreement. You also agree not to make any unauthorized commercial use of our Web Site.
16. Limitation of Liability.
Limitation of liability and warranties. You assume the entire cost of any damage, losses or expense resulting from the submission or use of your resume. The service provided hereunder is provided “as is”. To the maximum extent permitted by applicable law, we hereby disclaims all warranties, express and implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with respect to the service provided hereunder. We are not responsible for any errors or incorrect data that may be a result of the service provided hereunder. Some states do not allow limitations on implied warranties, so the above limitation may not apply to you.
No liability for consequential damages. To the maximum extent permitted by applicable law, in no event shall we be liable for any special, incidental, or consequential damages, (including, without limitation, damages for claims regarding privacy, incorrect data or third party claims) arising out of this use agreement or for any other reason, whether foreseeable or unforeseeable and regardless of the form, legal theory (including without limitation, negligence) or basis of recovery for such claim, even if we have been advised of the possibility of such damages. In no event shall Higher Education Recruitment Consortium (HERC)’s total liability to you for all damages in any one or more causes of action exceed the amount, if any, paid by you for the use of the service.
Higher Education Recruitment Consortium (HERC) reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from our Web Site and immediate termination of your registration with or ability to access our Web Site and/or any other service provided to you by Higher Education Recruitment Consortium (HERC), upon any breach by you of this Agreement or if Higher Education Recruitment Consortium (HERC) is unable to verify or authenticate any information you submit to our Web Site registration with or ability to access our Web Site.
You agree to defend, indemnify, and hold harmless Higher Education Recruitment Consortium (HERC), its member institutions, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. Higher Education Recruitment Consortium (HERC) shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
21. Entire Agreement.
This Use Agreement is the entire agreement between you and us with respect to the services provided hereunder and supersedes any other communications or advertising, whether written or oral, with respect thereto. This Agreement may not be modified or expanded except in writing and signed by an authorized representative of Higher Education Recruitment Consortium (HERC). If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect, provided that, if any limitation on the grant to you of any right herein is held invalid or unenforceable, such right shall immediately terminate.