TERMS OF USE AGREEMENT

Updated – May 2016

ELIGIBLE USERS
For purposes of this agreement, "Eligible Users" of the University of Alaska Anchorage (hereafter known as the “University”) E-Portfolio System (hereafter known as “eWolf”) include: only those individuals who have agreed to this Terms of Use Agreement by using the eWolf system or by establishing an UA e-portfolio account, and who are authorized to use eWolf system. An "Eligible User" may maintain only one (1) e-portfolio account at any given time. Within a single account, the user may choose to construct multiple private or public views (called sites) of their content. Use of eWolf system in violation of these Terms of Use is prohibited and is subject to immediate account deactivation without prior notice. Final account termination or re-activation will be determined based on University policy and/or labor agreements as appropriate.
This Terms of Use Agreement applies to the eWolf system and all user content loaded. eWolf is offered to you conditioned on your acceptance without modification of the terms and conditions contained in this document. Your use of eWolf constitutes your agreement to all such terms and conditions. Your use of a particular eWolf service may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). Affiliate organizations may themselves require additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers.

ACCOUNT REGISTRATION AND PASSWORD
Users must complete any required registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. The eMail account address identified in the registration process becomes your official account user name. You must then choose a password. You are entirely responsible for maintaining the confidentiality of your password and account, and for notifying the University and/or Digication of a change in your eMail address. You are also entirely responsible for any and all activities that occur under your account. You agree to notify the University and/or Digication immediately of any unauthorized use of your account or any other breach of security. The University and Digication will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by the University and/or Digication or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

ONLY PERSONAL, NON-COMMERCIAL USE ALLOWED
Unless otherwise specified, eWolf services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the eWolf system. Without the advance express written permission of the University and Digication, you may not meta-search the e-portfolio sites, send, or cause to be sent, any automated queries of any sort to the eWolf system, or use the eWolf in any commercial manner.

UNLAWFUL OR PROHIBITED USES
As a condition of your use of eWolf Services, you will not use the eWolf system for any purpose that is unlawful or prohibited by these terms and conditions. You may not use eWolf in any manner that could damage, disable, overburden, or impair any University Service(s) or interfere with any other party's use and enjoyment of any University’s service(s). You may not attempt to gain unauthorized access to any eWolf service, other accounts, computer systems or networks connected to any eWolf service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the eWolf service.
Additional prohibited uses include, but are not limited to, those in the list below. For example, you may not:
- Use the service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence toward a person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- Upload, or otherwise make available, streaming video, podcasts, Web 2.0 services/applications or files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which are made available through the eWolf services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless approved by the University.
- Download any file posted by another user of that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying eWolf services.
- Violate any code of conduct or other guidelines that may be applicable for any particular eWolf service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their permission.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an eWolf site(s) or other user or usage information or any portion thereof.
Digication and the University have no legal obligation to monitor eWolf Services. However, both the University and Digication reserves the right to review materials posted to any eWolf account, to investigate possible violations of this agreement, and to remove any materials in its sole discretion. The University and/or Digication will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. The University reserves the right to terminate your access to any or all eWolf Services at any time, without notice, for reasons of legal interest. The University and Digication reserves the right at all times to disclose any information as deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. The University and Digication does not control or endorse the content, messages or information found in any eWolf Service and, therefore, Digication and the University specifically disclaims any liability with regard to eWolf Services and any actions resulting from your participation in any eWolf Service.

LINKS TO THIRD PARTY SITES
eWolf sites and services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of the University and/or Digication and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Digication and the University is not responsible for webcasting or any other form of transmission received from any Linked Site nor is responsible if the Linked Site is not working appropriately. The University and/or Digication provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Digication and/or the University of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EWOLF SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE EWOLF SERVICE AND TO THE INFORMATION THEREIN. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EWOLF SITES/SERVICES AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE EWOLF SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
EWOLF MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE UA E-PORTFOLIO SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT THE UNIVERSITY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN EWOLF SITE/SERVICE. YOU SPECIFICALLY AGREE THAT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT DIGICATION IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN EWOLF SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL THE UNIVERSITY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF EWOLF SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE UA E-PORTFOLIO SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE UA E-PORTFOLIO SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE UA E-PORTFOLIO SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EWOLF SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING EWOLF SITES/SERVICES.

OTHER LIMITATIONS
You agree that Digication and/or the University has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any UA e-portfolio Service. You acknowledge that Digication and/or the University reserves the right to log off accounts that are inactive for an extended period of time. DIGICATION AND THE UNIVERSITY MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION
The University reserves the right, in its sole discretion, to terminate your access to any or all eWolf Sites/Services and the related services or any portion thereof at any time, without notice if it is in the legal interest of the University to do so.

GENERAL TERMS
This agreement is governed by the laws of the State of Alaska, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Anchorage, Alaska, U.S.A. in all disputes arising out of or relating to the use of eWolf Sites/Services. You agree to indemnify and hold , its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on eWolf. The University reserves the right to disclose any personal information about you or your use of eWolf Sites/Services, including its contents, without your prior permission if the University has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of or its affiliated organizations; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. The University’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 's right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of eWolf Sites/Services or information provided to or gathered by with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

ADDITIONAL TERMS
Users of eWolf services can interact with a wide variety of external services such as social networking sites, applications and solutions. In addition to this Terms of Use Agreement, users will be governed by the Privacy Policies and Terms Of Use of external service providers when using their services. Users are individually responsible for reviewing, understanding and agreeing to external Terms Of Use required by external service providers. The University is not responsible for a user’s disclosure of personal data and information through external services.

You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify the University and/or Digication immediately of any unauthorized use of your password or account or any other breach of security. The University will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time.

INDIVIDUAL SUBSCRIPTIONS:
Some contents and/or services on eWolf may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to a subscription purchase request, you warrant that you are at least 18 years of age, that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.

FEES/PAYMENT
The University reserves the right to charge fees for certain uses, as well as transaction fees based on certain completed transactions using eWolf Services.

PHOTOS
In addition to the warranty and representation set forth in these Terms of Use, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture.

MODIFICATION OF THESE TERMS OF USE
The University reserves the right to change the terms, conditions, and notices under which eWolf Services are offered, including but not limited to the charges associated with the use of eWolf Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of eWolf Services constitutes your agreement to all such terms, conditions, and notices.

PRIVATE INFORMATION
In connection with your use of University Services, you may be asked to provide private or confidential data concerning yourself. The requested data may include a first and last name, birth date, e-mail address, country of residence, address, postal code, and the name of the institution or organization with which you are associated. The purpose and intended use of the data is to establish who is responsible for compliance with these terms and conditions, facilitate administrative oversight, and to permit macro level queries, including queries by workforce organizations or employers. You may be denied access to University Services if you refuse to provide any requested information that is not identified as optional. The information will be accessible to staff and employees of Digication and/or the University and it may be released to other persons or entities that have statutory authority to review the information, including but not limited to law enforcement agencies, courts and other regulatory agencies.