MINNESOTA EDUCATOR RECRUITMENT CENTER and EDUCATE MINNESOTA TERMS OF USE

 

Effective date: September 1, 2019

 

We can be reached by email at: support@educatemn.org

 

The educatemn.org site (the "Site") is owned and operated by the Minnesota Educator Recruitment Center (hereinafter referred to as "MERC", "we", "us", or "our"). These Terms of Use ("Terms") describe your rights and responsibilities regarding your use of our Site. 

PLEASE READ THESE TERMS CAREFULLY BECAUSE THE TERMS, ALONG WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU MUST BE 13 YEARS OLD IN ORDER TO USE OUR SITE (DEFINED BELOW). HOWEVER IF LAW REQUIRES THAT YOU MUST BE OLDER IN ORDER FOR US TO LAWFULLY PROVIDE THE CONTENT AND SERVICES OF OUR SITE (INCLUDING THE COLLECTION, STORAGE, AND USE OF YOUR INFORMATION), THEN THE MINIMUM AGE IS SUCH OLDER AGE. IF YOU ARE UNDER THIS AGE, THEN YOU MAY ONLY USE THE SITE WITH YOUR PARENT OF LEGAL GUARDIAN’S PERMISSION.  IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE OUR SITE.

 

BINDING AGREEMENT. These terms and conditions constitute a binding agreement between you and MERC, and its subsidiaries and shall govern any use of the Licensed Materials, including during any initial period (free or paid) or Subscription Period. By accessing or using Licensed Materials, you signify your assent to these Terms. If you do not accept the terms set forth below, do not use our Site or any Licensed Materials. MERC reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Your continued use of Licensed Materials will mean you accept those changes. These Terms and Conditions are effective as of September 1, 2019.

 

DEFINITIONS. The following definitions apply to this Agreement.

  • "Educate Minnesota" or the "Site" means any web site under MERC’s control, whether partial or otherwise and includes such Site’s Content, text, graphics, Design, programming, and MERC materials and Services.
  • "Content" includes all text, graphics, Design, and programming used on the Sites.
  • "Design" includes the combination of any colors and the page layout of the Sites.
  • "Document" refers to any posting on the Site, whether job or resume.
  • "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment
  • "Employer Materials" includes brochures, emails, sample job postings, website content, career fair material, audio, videos, photographs, logos, trademarks, domain names, documents or other materials provided by the Employer, if any, for use in connection with the Services.
  • "Job Seeker" means a user who is accessing a Site to search for a job or in any other capacity except as an employer.
  • "Licensed Materials" refers to any information, Content, Document, Employer Materials, and/or data that is provided by MERC to you in either print or digital formats.
  • "Services" means any services provided by MERC or its agents described herein.

 

  1. PERMITTED USES AND REGULATIONS

PERMITTED USES

Educate Minnesota is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Site only for lawful purposes within the stated context of MERC’s intended and acceptable use of Educate Minnesota. MERC is the sole interpreter of the Site’s intended and acceptable use.

 

REGULATIONS REGARDING SITE USAGE

You represent, warrant and agree what you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or responsible adult; and (b) will not use (or plan, encourage or help others use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.

 

RIGHT OF REMOVAL

MERC reserves the right to remove any job posting or content from a MERC Site, which in the exercise of MERC’s discretion, does not comply with the above Terms, or if any content is posted that MERC believes is not in the best interest of MERC.

 

GOVERNMENT DATA PRACTICES

MERC agrees and understands that some employers using the Site may be public entities subject to the Minnesota Government Data Practices Act (Minnesota Statutes Chapter 13) and Family Educational Rights and Privacy Act (FERPA), and that all information possessed by those public entities shall be considered public unless such information qualifies as an exception under the Minnesota Government Data Practices Act and/or FERPA.  MERC will treat as confidential information and not disclose to anyone information that is deemed nonpublic or confidential pursuant to the Minnesota Government Data Practices Act or FERPA. MERC shall take all reasonable measures to enforce the obligation of confidentiality and use as described in these Terms of Use and MERC’s Privacy Policy. 

 

MERC is not a public entity, nor is MERC a responsible party in the review, qualification, or hiring candidates for any employer on the Site. Job Seekers should review the Applicant Data Practices Notice (www.educatemn.org/applicant-data-practices-notice/) to learn about the rights of those seeking employment with public schools in Minnesota.

 

CONFIDENTIALITY

MERC agrees that any information it receives which concerns personal, financial, or other affairs of public entities such as School Districts and Charter Schools, their officers, candidates for employment, or employees, will be kept confidential and in conformance with all state and federal laws relating to data privacy, including, without limitation, the Minnesota Government Data Practices Act (Minnesota Statutes Chapter 13) and/or FERPA. 

 

1.a USE BY JOB SEEKERS

MERC hereby grants you a limited, terminable, non-exclusive right to access and use the Sites and Services only for your personal use in seeking employment opportunities for yourself. You agree to not sell or modify the MERC Content or reproduce, display, publicly perform, distribute, or otherwise use the MERC Content in any way for any public or commercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. You shall ensure that you do not permit access to any other individuals or entities to Licensed Materials. Your right to use the Licensed Material is not transferable. Any password or right given to you to obtain information is not transferable. The use of MERC Content on any other application, web site, or in a networked computer environment for any purpose is prohibited. Your use of the Sites and Services is a privilege. MERC reserves the right to suspend or terminate that privilege for any reason, at any time, in its sole discretion.

 

REGULATIONS OF DOCUMENTS POSTED BY JOB SEEKERS

  • Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
  • Contact and other identifying information such as Minnesota File Folder Number must represent the individual seeking employment.

TERMINATION OR CANCELATION OF LICENSE TO JOB SEEKERS

You understand and acknowledge that you have no ownership rights in your Account and that if you cancel your MERC account or your METC Account is terminated, all your Account information from MERC, including resumes, profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from MERC databases. MERC reserves the right to delete your Account and all of your information after a significant duration of inactivity or as deemed necessary by MERC for any reason.

 

1.b USE BY EMPLOYERS

MERC hereby grants you a limited, terminable, non-exclusive right to access and use the Sites and Services only for your internal business use seeking candidates for employment. This authorizes you to view and use Licensed Materials solely for your internal business use directly related to searching for and recruiting job prospects. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by MERC to any third party without the express written authorization of MERC. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. MERC reserves the right to suspend or terminate your access and use at any time if MERC determines that you are in breach of these Terms and Conditions.

 

EMPLOYER MATERIALS

Employer represents, warrants, and covenants that any Employer Materials provided by Employer for use in connection with Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants MERC a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.

 

AN EMPLOYER MAY NOT USE A JOB POSTING TO:

  • Post jobs in a manner that does not comply with the applicable local, national and international laws and regulations, including but not limited to law relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
  • Sell, promote or advertise products or services;
  • Post jobs or other advertisements for competitors of MERC or post jobs or other content that contains links to any site competitive with MERC;
  • Promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099

 

TERMINATION OR CANCELLATION OF LICENSE TO EMPLOYERS

You understand and acknowledge that if you cancel your employer Account or your employer Account is terminated, all your Account information from MERC, including saved resumes, network contacts, and email mailing lists, will be marked as deleted and may be deleted from MERC databases.

 

LICENSE TO USE RESUME DATABASE BY EMPLOYERS

If you have purchased a subscription for the use of the MERC Resume Database then MERC hereby grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the MERC Resume Database for the purpose of viewing and/or downloading a single copy of paper and/or other materials or documents related thereto solely for your use and limited to Subscription Period of the Resume Database.

 

RESUME DATABASE ACCESS CONFIDENTIALITY

The Resume Database ("Database") is to be accessed and used solely by you. Upon your successful subscription for the Database, you will be provided with a password that will permit you to access the Database. You may not provide your password or otherwise permit access to the Database to any third party. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated security software. Contact MERC immediately if you suspect unauthorized use of your password, or any other unauthorized activity on your Account. You are responsible for all activities conducted on and with the Site that make use of your Account, including any use you may subsequently content was not authorized by you.

 

REGULATIONS OF USE OF RESUME DATABASE

You may not use the Resume Database in any way which, in MERC’s sole judgment, adversely affects MERC’s business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database. MERC reserves the right to limit the amount of data (including Resume views) that may be accessed by you in any given time period.  Further, you use of the Database may not interfere or violate, in any manner, the privacy election of Job Seekers.

You may use your subscription to the Database only for seeking candidates for employment.

You are specifically prohibited from using information contained in the Database to sell or promote any products or services or to take any other action that is, in MERC’s sole judgment, inconsistent with the Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, local law, statute, code, rule or regulation.

MERC may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to the Resume Database, MERC does not convey any interest in or to the Resume Database or any other MERC property or Services. All right, title and interest in and to the Resume Database is and shall remain with MERC.

 

  1. INTELLECTUAL PROPERTY RIGHTS. MERC shall own all rights, title, and interest in and to the Licensed Materials and the MERC Sites. You shall not permit other users or anyone else to reproduce, copy, distribute, publish, transmit, broadcast, sell, license, or otherwise access or use all or any part of the Licensed Materials or any information contained therein without the prior express written consent of MERC. Each party shall use its best efforts to safeguard the intellectual property, confidential information, and proprietary rights of the other party. All MERC brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of MERC and neither they nor any confusingly similar versions may be used by you including, but not limited to, as part of any trademarks and/or domain names without MERC prior written consent.

All MERC Content is the property of MERC or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the MERC Sites is the exclusive property of MERC and is protected by copyright, trademark, and other laws. Unauthorized use of the MERC Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original MERC Content on any authorized copy you make of the MERC Content.

 

You agree not to sell or modify the MERC Content or reproduce, display, publicly perform, distribute, or otherwise use the MERC Content in any way for any public or commercial purpose. The use of MERC Content on any other application, web site or in a networked computer environment for any purpose is prohibited.

 

  1. LIMITATIONS ON MERC LIABILITY AND WARRANTY DISCLAIMERS

ALLOCATION OF RESPONSIBILITY

MERC assumes no responsibility for Documents posted by users and no responsibility for the activities, omissions or other conduct of users. MERC acts as a portal 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 and monitoring Documents posted by users. If notified by a user of a Document which allegedly does not conform to these Terms and Conditions, MERC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Document. MERC has no liability or responsibility to users for performance or nonperformance of such activities. MERC may take any action with respect to user submitted information that it deems necessary or appropriate, in its sole discretion.

 

NO ENDORSEMENTS BY MERC

Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its web site, products, services, hiring, experience, employment, or recruiting practices, or otherwise.

 

THE SITES ARE PROVIDED ON AN "AS IS" BASIS

Except as expressly provided herein, the licensed materials are provided to you on an "as is", "as available" basis and MERC and any third-party supplier of licensed materials (if applicable) make no warrant or representation of any kind, either express or implied. MERC does not warrant the accuracy, completeness, performance, currency, omissions, merchantability or fitness for a particular purpose of the licensed materials or the information they contain. MERC and any third-party supplier (if applicable) do not warrant that the licensed materials are error-free in content.

 

WITHOUT LIMITATION ON THE FOREGOING:

MERC makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any resumes, documents posted by users, or of any other form of communication engaged in by users. Resumes, documents, and licensed materials may contain inaccuracies or typographical errors. You agree that any reliance on resumes, documents and materials posted by users or on any other form of communication with users, will be at your own risk.

 

MERC makes no representations or guarantees regarding the content of the sites, including, but not limited to, broken links, inaccuracies or typographical errors.

 

MERC makes no representations or guarantees regarding the effectiveness of the services or timeliness of the services in meeting your employment objectives. MERC does not guarantee that the services will result in candidates being hired, positions being filled, or employees being retained, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, made by you.

 

DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF

You assume all responsibility and risk for your use of the sites, the internet generally, and the documents or employer materials that you post, provide or access and for your conduct on and off the sites.

 

In no event shall MERC (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers), be liable for any non-direct damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from or arising under or in connection with Services or the use or access to, or the inability to use or access, the sites and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not MERC is advised of the possibility of such damages.

 

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. Irrespective of the cause or form of action, MERC’s aggregate liability for any claims, losses, or damages arising out of any breach of this license shall in no circumstances exceed the fee paid by you to MERC under this license in respect of the subscription period during which such claim, loss, or damage occurred. Any claim related to the site must be initiated within one (1) year of the date of the event that gave rise to the claim.

 

You acknowledge that the Licensed Materials are highly proprietary material in nature and that unauthorized copying, transfer or use may cause MERC’s irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this agreement by you may be enforced by MERC by means of equitable relief (including, but not limited to injunctive relief) in addition to any other available means of rights and remedies.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold MERC and its affiliates and their directors, manages, officers, employees, agents, subsidiaries, successors and assigns harmless from and against any claims, losses, damages and expenses, including reasonable attorney’s fees, resulting from your breach or alleged breach of this agreement, regardless of the form of action.

 

USER AUTHENTICATION

Because User authentication on the Internet is difficult, MERC cannot and does not confirm that each User is who they claim to be. Because MERC does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more users, you release MERC from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

 

  1. LINKS TO OTHER SITES. MERC contains links to third party web sites. These links are provided solely as a convenience to the user and not as an endorsement by MERC of the contents of such third party web sites. MERC has not endorsed, tested or verified any information, programs, companies or products on sites to which it links. MERC is not responsible for the content of the linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party web sites, you do so at your own risk.

 

  1. AMENDMENTS TO THIS AGREEMENT AND CHANGES TO SITES. MERC may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. MERC may change the Site at any time.

 

  1. USER INFORMATION AND PRIVACY POLICY.

ACCOUNT CONFIDENTIALITY

You are responsible for maintaining the confidentiality of your account, Profile and passwords, as applicable (collectively, your "Account"). You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all users who access your MERC account. You agree to immediately notify MERC of any unauthorized use of your account, profile, or passwords.

 

ACCURACY OF INFORMATION

When you register for an account on MERC you will be asked to create an account and provide MERC with certain information, including but not limited to, a valid email address, contact information ("User Information"), by accepting these Terms and Conditions you warrant the accuracy of the information provided. You acknowledge and agree that you have no ownership rights in your Account.

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, or any individual who has accessed your account, on the MERC Sites.

 

PRIVACY POLICY

All User Information will be used in accordance with the terms of MERC Privacy Policy. Please note, as set forth in the Privacy Policy, MERC may collect certain User Information and may contact users periodically in accordance with the terms of the Privacy Policy. In addition, MERC reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information.

 

To access the Privacy Policy please see: www.educatemn.org/privacy

 

 

  1. GENERAL. MERC makes no claims or representations that the MERC Content may be lawfully viewed or accessed outside of the United States. Accessing MERC Content may not be legal by certain persons or in certain countries. If you access any MERC Site you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use the Site in violation of United States export laws and regulations.

These Terms are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the State of Minnesota. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this agreement. All provisions of this Agreement shall survive termination except those granting access or use to the Sties, and you shall cease all your use and access thereof immediately.

No waiver of any term in this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by MERC in a particular "legal notice," or material on particular web pages of the Sites, this Agreement constitutes the entire agreement between you and MERC.