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TERMS OF USE

1. ACCEPTANCE
Welcome to HigherEdEmployment.com (“HEdE"). This page ("Notice") states the terms and conditions of HEdE. Please review this Notice carefully. By accessing, listing positions, browsing, or using HEdE ("Use"), all users and viewers ("You," "you," "User," or "user") acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use HEdE. HEdE, its parents, subsidiaries and subscribers reserve the right to update this Notice from time to time in its sole discretion. It is your obligation to review this Notice for updates and changes.

2. ELIGIBILITY
HEdE and any related services are available to you, provided that you can form legally binding agreements under applicable law. HEdE is not available to minors. If you are a minor, please do not use HEdE.

3. LICENSE
HEdE grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on HEdE solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on HEdE, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the "Material") are exclusive property of HEdE or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without HEdE’s prior written consent.

All trademarks, service marks, and logos (the "Marks") displayed on HEdE are exclusive property of HEdE and their respective owners. You shall not use the Marks in any manner without HEdE's and their respective owners' prior written consent.

4. USER SUBMISSIONS
HEdE provides a forum for you to provide or obtain employment and career information. By submitting or entering your information to HEdE ("Submitted Material"), you agree that you grant HEdE a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means, forever and worldwide.

You acknowledge and accept that HEdE is only a passive forum for users to provide or obtain employment and career information. HEdE does not screen or monitor any Submitted Materials. HEdE, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. HEdE reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that HEdE considers to be unacceptable. In the event HEdE receives notification regarding any unacceptable Submitted Materials, HEdE may investigate such materials, in its sole discretion.

You acknowledge and agree that HEdE may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if HEdE believes that it is necessary to: (i) protect the integrity of HEdE; (ii) protect rights of HEdE; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert HEdE's claim under this Notice; and (vi) satisfy any claims regarding violations of third party's rights.

5. GENERAL PROHIBITION
In connection with your Use, you agree NOT to:

  1. violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
  2. infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
  3. infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
  4. upload, post, transmit, or store any material that:
    1. is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
    2. breaches any of your contractual or confidentiality obligations;
    3. disrupts or interferes with the normal operations of HEdE, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
    4. are not permitted by HEdE, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
    5. violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information;
    6. breach or attempt to breach any security measures of HEdE;
    7. use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, HEdE or any Material without HEdE's prior written consent;
    8. access or attempt to access any profile or account or login of any third party listed on HEdE;
    9. copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;
    10. post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;
    11. impersonate any person or entity;
    12. forge any header information in any electronic posting or mail; or
    13. misrepresent yourself, your affiliation with any third party, or your entity.

6. SPECIFIC USAGE AND RESPONSIBILITIES
In addition to the general responsibilities listed in Section 5, you agree to comply with the following terms.
You further agree to:

  1. use HEdE only for lawful purposes in searching for or listing employment opportunities and career information;
  2. provide and maintain complete, correct, up-to-date, and accurate information on your submitted information;
  3. post materials for which you have all the necessary rights or licenses;
  4. use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained from HEdE; and
  5. bear the risks of any reliance or use of any Materials or any information provided by any third party.

7. ACCOUNT AND PASSWORD
HEdE may present you with opportunities to create a profile or open an account with HEdE. If you create a profile or open an account with HEdE, you will create an account logon and password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify HEdE if there is any unauthorized use of your profile or any breach of security.

8. EMPLOYMENT
You understand and agree that HEdE (a) does not warrant that you will receive any employment applications or offers through HEdE; (b) shall not be responsible for any employment applications, employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, employment listings; and (e) is neither your employer nor representative nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective employers or employees and any and all information provided by any third party.

You further understand and agree that you are responsible for negotiating all your own financial arrangements, and seeking all remedies and redress directly from the employer listing a position or a candidate responding to a listed position.

9. LINKS TO THIRD PARTY
HEdE may have links, such as hyperlinks or buttons, directing access to third party's web sites ("Linked Sites"). The Linked Sites may not be controlled or monitored by HEdE. HEdE shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on HEdE does not imply any endorsement or sponsorship by HEdE of the Linked Sites. HEdE includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgement, caution, and common sense in using the Linked Sites.

10. PRIVACY
With your Use of HEdE, HEdE may collect your information. See Section 4 for more details regarding your submission. In addition to the potential disclosure of user-identifiable information as stated in Section 4, HEdE may disclose aggregate information to a third party, such as general demographics and usage information about Users. HEdE may use cookies to track your Use, including, but not limited to, registration, submissions, and information requests. HEdE may also combine your information with other information available to HEdE about you in order to improve future services and product offerings.

If you register with HEdE, HEdE may ask for your contact information, such as name and email address. You further agree and accept that HEdE may, from time to time, send you automated email messages or marketing materials regarding its services, including employment information.

11. INDEMNIFICATION
You agree to indemnity, defend, and hold HEdE, its parents, subsidiaries, subscribers, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of your Use of HEdE, your Submitted Materials, or your violation of any terms and conditions of this Notice.

12. DISCLAIMER
YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF HEdE. HEdE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (B) HEdE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) HEdE EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) HEdE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) HEdE WILL BE UNINTERRUPTED AND SECURE; (III) HEdE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) HEdE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.

13. LIABILITY AND LIMITATIONS OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF HEdE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF HEdE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE HEdE, ITS PARENTS, SUBSIDIARIES, SUBSCRIBERS, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF HEdE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF HEdE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT HEdE, ITS PARENTS, SUBSIDIARIES, SUBSCRIBERS, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF HEdE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, HEdE'S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.

14. TERMINATION
HEdE has the right, in its sole discretion, to terminate any services of HEdE and remove any Materials from HEdE. HEdE may also terminate your access to any part or all of the services provided by HEdE on HEdE at any time, with or without cause or notice, for any reasons. If you want to terminate your profile or account, you may only cease your Use of HEdE. HEdE shall not be responsible for maintaining or returning your Submitted Materials, your profile, your account, or your logon and password. You should always maintain a copy of your Submitted Materials.

15. GENERAL
You agree that there is no employment, partnership, agency, or joint venture relationship between you and HEdE arising out of or resulting from your Use of HEdE. This Notice constitutes the entire agreement between you and HEdE governing your Use of HEdE and is additional to any binding agreement between you and HEdE. This Notice is governed by the laws of the State of Washington, United States of America, without giving effect to any principles of conflict of laws. HEdE does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from HEdE outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term. Sections 4, 5, 6, 7, 9, 10, 12, 13, 14, and 15 shall survive any termination of this Notice for any reasons.


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