Terms of Service

Auraria Higher Education Center Information Technology

In consideration of the value of using the Services, receipt and sufficiency of which you hereby
acknowledge, you, the user, agree that by accessing or using the AHEC Website and Services, you will be
bound by these terms of service and AHEC’s privacy policy or policies.

THIS IS A LEGAL AGREEMENT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY
BEFORE USING THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR AGREEMENT TO
THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE IN THEIR
ENTIRETY, DO NOT USE THIS SITE OR ACCESS ANY SERVICES OF AHEC.

Definitions
Auraria Higher Education Center or “AHEC”: The multi-institutional higher education complex
established in Title 23, Article 70, of the Colorado Revised Statutes and located in the City and County of
Denver.

Information Technology or IT: All AHEC-owned or controlled computing devices, computer networks,
software, databases, facilities, resources and Services, including, but not limited to, the Website, and all
data therein.

Network(s): All IT of AHEC that provides connectivity of computers and devices that use or access the
internet or any AHEC intranet, including, but not limited to, the Website.

Services: Collectively, the Website, Networks, and all computer or mobile applications offered under the
AHEC name, and all services offered or provided by AHEC through its IT.

Site or Website: The website or websites published by or for AHEC including, but not limited to,
https://www.ahec.edu, as well as all other websites owned, operated, licensed, or controlled by AHEC and
affiliate websites that are hyperlinked to the foregoing (collectively, the “Websites”), and all content
therein.

Limited License for Use

The Website contains copyrighted material, trademarks and other proprietary information, including, but
not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the
Website are copyrighted as a collective work by AHEC under U.S. copyright laws. AHEC hereby grants
you a personal, non-exclusive, non-transferable, limited, revocable right to use the Services for personal,
non-commercial purposes only and in accordance with these Terms. You agree not to use the Services for
any other purpose, including, but not limited to, any commercial purpose, without the prior written
consent of AHEC.

Representations and Warranties of User
By using the Services, you hereby represent and warrant that you have the legal capacity, power and
authority to agree to, and be bound by, these Terms; and, if you have provided information to AHEC in
connection with your use of the Services, such information is true and accurate. If you are under the age
of 18 years, you represent that you have the permission of your parent or guardian to use the Services, and
your parent or guardian is bound by these Terms of Service.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, OR TITLE. AHEC HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES.

AHEC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS

THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. AHEC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING
USE, OR THE RESULT OF USE, OF THE CONTENT ON THE SERVICES IN TERMS OF

ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICES MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AHEC MAY MAKE CHANGES OR
IMPROVEMENTS AT ANY TIME. AHEC MAKES NO WARRANTIES THAT YOUR USE OF THE
SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED HEREIN.
BY ACCESSING THE SERVICES, YOU ASSUME ALL RESPONSIBILITY AND RISK WITH
RESPECT TO YOUR USE OF THE SERVICES, THE SITE AND ALL ITS CONTENT, AND ANY
PRODUCTS OR SERVICES PROVIDED THEREIN.

Limitation of Liability; Indemnification

Under no circumstances shall AHEC or any of its directors, officers, affiliates, employees, agents,
representatives, staff, successors, or assigns be liable to you or any other party for any punitive, special,
incidental, indirect, or consequential damages whatsoever, however arising (including, without limitation,
by our negligence), including, without limitation, damages resulting from loss of use, data, sales,
goodwill, or profits, whether or not we have been advised of such possibility, or under any legal or
equitable theory, in tort, in contract, at equity, or otherwise, arising out of or in connection with your use
of the Services.

Your sole and exclusive remedy for dissatisfaction with the Services is to stop using the Services.
Accordingly, AHEC assumes no responsibility for, or relating to, delay, failure, interruption, or corruption
of any data or other information transmitted in connection with use of the Services or other sites or
services accessed via the Services.

You shall indemnify and hold AHEC, its directors, officers, affiliates, employees, agents, representatives,
successors, and assigns (the “Indemnified Parties”) harmless from any breach by you of these Terms,
including any use of the Services other than as expressly authorized in these Terms.

Prohibited Activities and Uses

Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied,
reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way to any other computer, server, website or other medium for publication or
distribution or for any commercial enterprise, without the express prior written consent from the General
Counsel of AHEC.

You may not use any “robot”, “spider” or other automatic device, program, algorithm or methodology, or
any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or
any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site,
to obtain or attempt to obtain any materials, documents or information through any means not purposely
made available through the Site. AHEC reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of any Site or Service, or any
other systems or networks connected to the Site or to any AHEC server, or to any of the services offered
on or through the Site, by hacking, password mining or any other illegitimate means. You may not probe,
scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or
authentication measures on the Site or any network connected to the Site. You may not reverse look-up,
trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of
AHEC, including any account not owned by you, to its source, or exploit the Site or any service or
information made available or offered by or through the Site, in any way where the purpose is to reveal
any information, including but not limited to personal identification or information, other than your own
information, as provided for by the Site. AHEC reserves the right of self-help in any situation that may
impact its Site or Service to customers.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper
working of the Site or any transaction being conducted on the Site, or with any other person’s use of the
Site.

You will respect and preserve the integrity of all AHEC IT and must not intentionally harm, disrupt, or
delay others’ use of the IT.

You may not misrepresent your identity, forge or assume the identify of another, or otherwise manipulate
identifiers in order to disguise the origin of any message or transmittal you send to, by or through the Site,
AHEC’s IT, or any service offered on or through the Site.

You shall not upload, post or otherwise make available on the Site any material protected by copyright,
trademark or other proprietary right without the express permission of the owner of the copyright,
trademark or other proprietary right. The burden of determining that any such material does not violate a
copyright or other proprietary right is on you. By submitting material to the Website, you grant, or warrant

that the owner of such material has expressly granted AHEC the royalty-free, perpetual, irrevocable, non-
exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material

(in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology
now known or hereafter developed for the full term of any copyright that may exist in such material.

Data Integrity

AHEC’s data, and all data originated or stored on AHEC computer equipment, network, or cloud storage
facility is AHEC’s property. You may access only such data as required for your job or other AHEC
purposes. You will not make or permit unauthorized use of any AHEC or any other user’s data or access to
the Services.

Security of the Services

Except as otherwise permitted under an AHEC policy, personal use of AHEC-managed IT resources for
commercial purposes not directly related to AHEC’s business or for obtaining personal gain or use that
creates a direct cost or constitutes a conflict of interest or conflict of commitment (as defined under AHEC
policies), is prohibited.

You must manage and use your access to maintain the security and confidentiality of the data in AHEC’s
IT.

You must safeguard your access and authorization credentials. Sharing account names or passwords is
strictly forbidden.

Access to portions of the Site or certain services offered on or through the Site may require you to use an
account (including setting up an ID and password). You are entirely responsible for maintaining the
confidentiality of your account information, including your password, and for all activity that occurs
under your account. You agree to notify AHEC IT department immediately of any unauthorized use of
your account or password, or any other breach of security. You may be held liable for losses incurred by
AHEC or any other user of or visitor to the Site due to someone else using your ID, password or account.
AHEC will not be liable for any loss or damage arising from your failure to comply with these
obligations.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load
on the infrastructure of the Site or AHEC’s systems or networks, or any systems or networks connected to
the Site or to AHEC.

Monitoring

AHEC in its sole discretion and without prior notice may monitor and preserve any transmittal or
communication to its Site or using its Services. AHEC reserves the right to access and disclose any
contents on AHEC’s IT without the consent of the user when it believes it has a legitimate business need.
AHEC may monitor individual use of its IT resources as it deems necessary and appropriate.

Compliance with Law

Use of AHEC’s IT resources must comply with all applicable laws and regulations and AHEC policies.
You may not use the Services or any content therein for any purpose that is unlawful or prohibited by
these Terms of Service, or to solicit the performance of any illegal activity or other activity which
infringes the rights of AHEC or others.

Enforceability

If any of the provisions of these Terms of Service are held by a court or other tribunal of competent
jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum

extent necessary and replaced with a valid provision that best embodies the intent of these Terms of
Service, so that these Terms of Use shall remain in full force and effect.

Entire Agreement; Modifications

These Terms of Service constitute the entire agreement between you and AHEC with regard to your use of
the Site and Services, and any and all other written or oral agreements or understandings previously
existing between you and AHEC with respect to such use are hereby superseded and cancelled.

AHEC may revise and update these Terms of Service at any time and without notice. Your continued use
of the Services will constitute your acceptance of these changes and the current version of these Terms. It
is your responsibility to periodically review these Terms of Service to make note of any changes and to
stop using the Services if you do not agree to the revised Terms of Service. You may not modify these
Terms of Service.

No Waiver of Breach

AHEC’s failure to insist on or enforce strict performance of these Terms of Service shall not be construed
as a waiver by AHEC of any provision or any right it has to enforce these Terms of Use, nor shall any
course of conduct between AHEC and you or any other party be deemed to modify any provision of these
Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies
on any third parties.

Choice of Law and Venue

The laws and regulations of the State of Colorado will be used in interpreting, applying and enforcing
these Terms of Service, without regard to conflicts of laws principles. Venue for any action to enforce, or
otherwise arising under, these Terms of Service shall lie exclusively in the courts located in the City and
County of Denver, Colorado, and you agree to be subject to the jurisdiction of such courts.
Auraria Higher Education Center Information Technology Terms of Service