Terms of Service

Updated 10/15/2007

Description of Service
We, the Department of Computer Sciences ("Department") at The University of Texas at Austin ("University"), offer an online web-based application and review service ("Service") to you, a prospective candidate for employment with the University as a tenure track faculty member within the Department ("Employment"). The Service is currently hosted at the URL http://recruiting.cs.utexas.edu/faculty/ ("Site", "Home Page").

Acceptance of Terms
Your use of the Service is governed by the Terms of Service ("TOS") described herein. The TOS is our sole and entire agreement with you, superseding any prior agreement between us or any other information, communication, or representation regarding the Service. If you use the Service, you accept and agree without qualification to be bound by the terms and conditions of the TOS.

Changes to These Terms
From time to time we may, acting in our sole discretion and without notice to you, modify, revise, amend, replace, or delete any or all of these terms and conditions. Any use by you of the Service following any modification, revision, amendment, replacement or deletion of these terms and conditions will constitute your agreement to and acceptance of those modified, revised, amended, replaced or deleted terms and conditions. We may also post additional guidelines or rules at the Home Page, and all such guidelines or rules are hereby incorporated by reference into the TOS.

You may review the most current version of the TOS at any time at the URL http://recruiting.cs.utexas.edu/faculty/doc/tos/.

Sole Remedy
If you do not agree to the terms and conditions of the TOS, or if you are dissatisfied with the Service, your sole remedy is to leave the Site and discontinue your use of the Service.

Your Use of the Service
You are responsible for obtaining an Internet connection to the Service, for all third party fees for that connection (such as Internet service provider fees), and for providing all equipment necessary for that connection.

The Service is offered to you solely in support of your individual application for Employment. You may register for one (1) user account which will be associated with your application. You are responsible for maintaining the confidentiality of the username and password for your account. We cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account. A log will be made of each online transaction involving your account, to include the nature of the transaction, the date and time, and the originating network address (IP address).

You are granted effective consent to access the Service in consideration of your application for Employment. The University is the owner of the property used to provide the Service. You agree that your access to the Service will cause no harm to this property or to the Service, including but not limited to denial-of-service attacks, SQL injection attacks, the uploading of computer viruses, or the attempt to access an account other than your own. (The terms "access", "effective consent", "harm", "owner", and "property" as used above shall be understood to have their respective meanings of Title 7, Section 33.01 of the Texas Penal Code.)

The information you submit through the Service constitutes your application for Employment, and is subject to all applicable rules and regulations of the University and all applicable law. You certify that the information you submit through the Service is true, accurate, current, and complete to the best of your knowledge. You grant permission to the Department and to the University to verify this information and to contact the individuals you name as references. We may, acting in our sole discretion, exclude from further consideration any applicant who is found to have submitted false or misleading information, and we cannot and will not be liable for any loss or damage arising from such exclusion.

Privacy
You expressly understand and agree that the information you submit through the Service may be shared with the employees, officers, and agents of the University, both within and outside the Department, to whatever extent is reasonable and necessary for the evaluation of your suitability for Employment.

The information associated with your account shall include any email correspondence between us, as well as any web server or transaction logs associated with your use of the Service. We may preserve or disclose the information associated with your account if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce the terms and conditions of the TOS, or to respond to your inquiries for information or assistance.

The information associated with your account may be subject to release in response to open records requests made under the Texas Public Information Act.

Termination
We may, acting in our sole discretion and without notice to you, terminate your account in the Service (a) if you communicate to us that you wish to withdraw your application for Employment; or (b) if we determine that your use of the Service is in breach of the TOS; or (c) in response to requests by the University Information Security Office, law enforcement, or other agencies; or (d) because of any unexpected technical difficulty or security risk; or (e) because of discontinuation of the Service due to the end of the annual faculty recruiting cycle or other cause. We cannot and will not be liable for any loss or damage arising from the termination of your account.

Disclaimer of Warranties
The Service is provided to you without charge on an "as is", "with all faults", and "as available" basis. To the maximum extent permitted by applicable law, we hereby disclaim all warranties, conditions or duties of every nature whatsoever, including without limitation, any implied warranties of fitness for a particular purpose, any express, implied, or statutory warranties, and any warranties or duties regarding accuracy, timeliness, reliability, availability, completeness, performance, workmanlike effort, or lack of negligence.

We make no warranty that the Service is free from software errors, or from infection by computer viruses, trojan horses, or other harmful items, including anything which has contaminating or destructive properties.

You expressly understand and agree that the entire risk arising out of use or performance of the Service remains with you.

Exclusion of Damages
To the maximum extent permitted by applicable law, we shall in no event be liable to you or to any third party for any direct, indirect, special, incidental, exemplary, or consequential damages whatsoever (including, but not limited to, damages for personal injury, negligence, failure to meet any duty (including of good faith or of reasonable care), loss of confidential information, loss of privacy, loss of reputation or good will, loss of future earnings, and any other pecuniary loss or other loss whatsoever) arising out of or in any way related to your use or inability to use the Service, or your breach of the TOS, or otherwise under or in connection with any of the terms and conditions of the TOS, even if we have been advised of the possibility of such damages.

Indemnity
You agree to indemnify and hold harmless the University, the Department, their officers, agents, employees, and any person acting on their behalf, from and against any and all claims, demands, costs, expenses (including litigation costs and legal fees), damages, suits, actions, judgments and other proceedings due to or arising out of your connection to the Service, your use of or inability to use the Service, or your breach of the TOS.

General Information
Section headings in the TOS are for convenience only and have no legal meaning or contractual effect.

Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, all other provisions of the TOS shall remain in full force and effect.

The TOS and your use of the Service are governed in all respects by and shall be construed in accordance with the laws of the State of Texas and of the United States.