Locate Request System / Services Terms & Conditions

These Terms and Conditions are entered into by and between you and Utility Notification Center of Colorado (“COLORADO 811”, “we”, “our” or “us”). The following Terms and Conditions (“Terms”) govern the access to and use of the CO811 Exactix Locate Ticketing System [https://exactix.colorado811.org/login], the COLORADO 811 website, www.colorado811.org and any related websites, sub-domains, pages, as well as any cloud services and other related applications and systems operated or provided by COLORADO 811, collectively (“the Services”), including any content, functionality, and services offered through the Services, whether as a guest, authorized, or registered User.

Please read the Terms carefully before you start to use the Services. By clicking to agree to these Terms, and by using the Services, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you must not access or use the Services. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY SUBMIT AND MANAGE LOCATE TICKET REQUESTS BY CALLING COLORADO 811 and submitting your request via phone request by speaking directly with a Colorado 811 Call Center Agent.

The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions (“User”). By using the Services, User represents and warrants that they meet all of the foregoing eligibility requirements. If User does not meet all of these requirements, User must not access or use the Services.

By using Exactix as part of the Services, User confirms that User has the authority to take all actions performed on User’s Colorado 811 Exactix account. This includes using third-party products or services and sharing data from, with, to, or through Exactix. Colorado 811 is the administrator of the Exactix Software in Colorado, and maintains full control over use of the product, data, functions, configurations, and code. This control includes managing User access, enabling or disabling third-party integrations, configurations, setting permissions, and more. Any content submitted or uploaded may be retained, accessed, used, modified, shared, analyzed, or removed by Colorado 811 without prior notice in compliance with any applicable laws. Colorado 811 does not grant any authority to User to administer, download, modify, or connect with the Exactix product or convey any of Colorado 811's rights in the product. “Content” means: (1) any information, data, text, software, code, scripts, photos, graphics, videos, messages, tags, interactive features, or other materials that User posts, uploads, shares, submits, or otherwise provides in any manner to our Services and (2) any other materials, content, or data User provides to COLORADO 811 or use with our Services.

Colorado 811 reserves the right at its sole and absolute discretion to change, suspend, discontinue, or permanently terminate access of any person, company, business entity, governmental agency, software, bot, AI, or any other entity or application connected to the Services, including the Exactix Software, at any time with or without notice. User acknowledges that Colorado 811 may do so at its sole discretion without notice. User also agrees that Colorado 811 will not be liable to User for any modification, suspension, or termination of access to the Services, including the Exactix Software. IF USER’S ACCESS TO THE EXACTIX SOFTWARE IS SUSPENDED, DISCONNECTED, OR TERMINATED, USER MAY SUBMIT AND MANAGE LOCATE TICKETS BY CALLING COLORADO 811 and submitting locate requests via phone by speaking with a Colorado 811 Call Center Agent.

Colorado 811 reserves the sole right and absolute discretion to remove content, users, applications, functions, and connections from the Services that we believe is inconsistent with the essence of these Terms, even if the Content or Functions are not expressly prohibited within these Terms.

PROHIBITED USES

User may use the Services only for lawful purposes and in accordance with these Terms.

User agrees to not use the Services:

• In any way that compromises the integrity of our systems. This includes, but is not limited to, connecting, probing, scanning, submitting, or removing content, or testing the vulnerability of any system or network that hosts our services. This prohibition does not apply to security assessments expressly permitted by COLORADO 811;
• To tamper with, reverse-engineer, or hack the Services, circumventing any security or authentication measures, or attempting to gain unauthorized access to our Services, related systems, networks, or data;
• To modify, disable, or compromise the integrity or performance of our Services or related systems, network, or data by any action;
• To decipher any transmissions to or from the servers, Clouds, or applications, running our Services; or
• To overwhelm or attempt to overwhelm our system or infrastructure by imposing an unreasonably large load on our systems that consumes extraordinary resources (CPU/Cloud capacity, memory, disk space, API or other bandwidth, etc.), such as:
  1. Using “robots,” “spiders,” “offline readers,” or other automated systems to send more request messages to our servers / systems than a person could reasonably send in the same period of time by using a normal browser; or
  2. Submitting locate requests and attachments that go far beyond the use parameters as described in its corresponding "how to" documentation and in accordance with all applicable laws, guidelines, policies, and instructions.

Additionally, User agrees not to:

• Misrepresent himself or herself, or impersonate anyone else;
• Use the Services to violate the privacy of others or the Colorado 811 Privacy or other Policy;
• Use the Services to stalk, harass, or post direct, specific threats of violence against others;
• Use the Services for any illegal purpose, or in violation of any laws (including, data, privacy, and export control laws);
• Access or search any part of the Services by any means other than our publicly supported interfaces (for example, “scraping”);
• Use the Services to generate or send location requests for fake or false locations;
• Access the Services to gain access to data of other users:
• Access the Services via non-approved software interface or API;
• Solicit other Users for commercial purposes, unless expressly permitted by COLORADO 811 in writing. Contact and other demographic information made available to User in software is only to be used for locate request purposes and user is not authorized to use system data for any other purposes such as advertisement, data analysis, etc., unless user has been granted written approval by Colorado 811;
• Disparage COLORADO 811 or our employees, directors, agents, partners, vendors, or affiliates; or

• Post, upload, or submit Content or information that:
  • User does not have the right to submit;
  • Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, or hateful;
  • Encourages illegal or tortious conduct or conduct that is otherwise inappropriate;
  • Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition;
  • Contains viruses, bots, worms, scripting exploits, or other similar materials;
  • Is intended to be inflammatory;
  • Could otherwise cause damage to COLORADO 811 or any third party;
  • Content that does not display location of markings and locate ticket request appropriate supporting imagery; or
  • Data and imagery volume that negatively impacts system functionality of the Services, or the Exactix system.

Any Content that could possibly be deemed child or other pornography will be removed and reported to law enforcement, including the National Center for Missing and Exploited Children.

User agrees to not use Artificial Intelligence and Automated Tools:

User will not use any Artificial intelligence, machine learning, hand-coded, large language model (LLM), automated agent, bot, script, crawler, scraper, or similar techniques and technology to access, analyze, interact with, or derive information from the Services, including the Exactix Software or any Colorado 811 systems or Services, except where expressly authorized in writing by Colorado 811.

Prohibited activities include:

• using AI or automated tools to monitor, analyze, replicate, predict, submit data, or download data, or infer the behavior, logic, structure, algorithms, workflows, source code, or underlying functionality of the Services, including the Exactix Software;
• training, fine‑tuning, improving, validating, or benchmarking any AI or machine learning model using any data, output, responses, system behavior, or performance characteristics derived from the Services, including the Exactix Software;
• prompt‑based probing, model extraction, system inference, or behavioral analysis intended to reconstruct proprietary logic, scripts, or software architecture;
• automated querying, high‑volume requests, or systematic interaction intended to map, profile, or reverse engineer system behavior; and
• using Exactix Software outputs, metadata, or system responses as input to any AI system or dataset.

Any attempt to do so will result in immediate suspension of User’s access to the Services and access may be suspended permanently.

Reverse Engineering and System Analysis Prohibited:

• User agrees they will not reverse engineer, decompile, disassemble, translate, decode, adapt, or otherwise attempt to derive or discover the source code, scripts, data structures, algorithms, system logic, workflows, or underlying design of the Services, including Exactix Software or related systems, whether manually, automatically, or through the use of artificial intelligence, machine learning, statistical analysis, or other computational methods.
• This prohibition applies regardless of whether such techniques rely on direct access to code, indirect observation of system behavior, outputs, performance characteristics, API, or any other interaction with the Services, or the Exactix Software.

Any attempt to do so will result in immediate suspension of User’s access to the Services and access may be suspended permanently.

Data Harvesting and Scraping Prohibited

User may not extract, harvest, collect, copy, or reuse any data, outputs, metadata, system responses, data or other information from the Services, including Exactix Software, through automated means or AI, including but not limited to scraping, crawling, data mining, API, or AI‑assisted extraction, except as expressly permitted in writing by Colorado 811. This restriction applies regardless of the purpose of such extraction, including commercial use, competitive analysis, data management, GIS mapping, research, or software or AI model development.

Any attempt to do so will result in immediate suspension of User’s access to the Services and access may be suspended permanently.

Monitoring, Enforcement, Termination

Colorado 811 reserves the right to monitor usage of the Services to detect violations of these Terms, including the use of automated tools or artificial intelligence. We have the right to:

• Immediately suspend or terminate access to the Services without prior notice;
• Remove Content for any or no reason in our sole discretion;
• Take any action with respect to any Content or use of the Services that we deem necessary or appropriate in our sole discretion, including if we believe any Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Services or the public, violates laws, policies, guidelines, or could create liability for Colorado 811;

• Take appropriate legal action, including referral to law enforcement, seek injunctive relief and/or recovery of damages, including costs associated with investigation and enforcement, without prior notice; and

• Disclose User’s identity or other information about User to any third party who claims that material posted by User violates their rights, including their intellectual property rights or their right to privacy.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities, court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. USER WAIVES AND HOLDS HARMLESS COLORADO 811 FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COLORADO 811 DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY PARTY OR LAW ENFORCEMENT AUTHORITY.

Use of Exactix Software.

Upon receipt of a locate ticket request through the Services, COLORADO 811 will notify members who have public underground facilities at the noted excavation site and in accordance with any applicable laws. COLORADO 811 will not notify private utilities, any company who is not a member of COLORADO 811, any property owner who may own facilities on the property, or entities who did not generate the locate request or are part of the standard locate request process as determined by COLORADO 811. Each successfully processed locate request will have a ticket number assigned by the COLORADO 811 Exactix software which will be transmitted back to User. Once the Exactix software has assigned a locate ticket number, User will receive information about notified member utilities. As noted above, COLORADO 811 does not notify non-members or private utility owner/operators of locate requests.

User may not make assumptions that locate tickets were successfully generated or processed from User’s input of a locate request. User’s Exactix-issued locate ticket number will be User’s ONLY official confirmation that a ticket has been entered, generated and if error free has been supplied to member owner/operator companies. Consider notice to only be pending until official confirmation is received from Colorado 811 in the form of a locate ticket and information about member companies being notified. 

The company or individual doing the direct input into the Exactix system assumes total responsibility that the excavation related information is entered properly and is correct. Colorado 811 assumes no responsibility for the accuracy, completeness, or validity of the ticket or positive response information entered. Colorado 811 may take independent actions to verify the accuracy, correctness, or validity of any data inputted into the Exactix system for a variety of reasons without assuming responsibility for the accuracy of the information for user and locate transmission purposes. User agrees to indemnify and hold Colorado 811 harmless from and against any and all claims or damages arising out of information entered by the User of this application.

Authorized Use & Account Security.
User may access and use the Exactix Software only for themselves (or, if applicable, on behalf of the company they officially represent with valid company authorization) and only to the extent authorized by Colorado 811, and must not allow others to access the Exactix Software using their account or access the Exactix Software using another person’s account. User is responsible for maintaining the confidentiality of user credentials (including username, password, and any other authentication method) and for all activity that occurs under their account and must use reasonable measures to protect credentials from unauthorized use (including not sharing credentials and securing devices when unattended). User must promptly notify Colorado 811 if they know or reasonably suspect an account or credentials have been lost, stolen, disclosed, or otherwise compromised, or if they detect unauthorized activity; Colorado 811 may require credential resets, suspend access, or take other reasonable steps to protect the Exactix Software, User accounts, and other Users.

Base Map Data.
User may use base map data (including imagery, GIS layers, utility information, registration maps, and related metadata) only to locate and notify affected facilities for proposed excavation and related utility operations. User acknowledges base map data may be inaccurate, incomplete, or out of date and must verify excavation area on the map before providing notice of excavation, engineering, or design; maps are informational only and are not a substitute for official utility locates, field verification, or regulatory compliance. User must not sell, sublicense, publicly republish, scrape at scale, remove, modify, or redistribute base map data in system unless expressly authorized by Colorado 811, and may capture screenshots only for internal use, documentation, or incidental display (not for public distribution). User acknowledges some layers may be provided by third parties and may be subject to additional terms, attribution, or usage limits, and Colorado 811 may modify, replace, suspend, or remove base map layers at any time; update frequency varies by layer.

Member Registration Maps (Uploading & Downloading).
User retains ownership of uploaded registration maps but grant Colorado 811 a non‑exclusive license to store, display, and use the Content for operational purposes. User must not upload copyrighted materials without permission, confidential information unrelated to utility operations, unlawful Content, or Content that infringes third‑party rights, and must ensure any submitted GIS/mapping service area information is current and accurate; Colorado 811 is not responsible for errors, omissions, or inadequacy resulting from User‑supplied information. User must allow reasonable time for review, approval, and activation of new or updated submissions, and Colorado 811 is not responsible for impacts caused by updates that are not provided, are delayed, or are incorrect. User must upload maps that are accurate, current, and free of malicious code and unauthorized Content, must upload registration maps in shapefile format, and must ensure uploads meet Colorado 811 formatting and required metadata standards. Colorado 811 may retain uploaded and generated data for regulatory, operational, or archival purposes. Authorized User may download and use registration maps only for utility‑operations and ticket‑related purposes and must not redistribute maps outside authorized workflows. Colorado 811 may convert or process uploads (e.g., coordinate projections, georeferencing, tiling) to provide functionality; processing does not change the coverage area uploaded in the original submission.

Disclaimer of Warranties

COLORADO 811 cannot and does not guarantee or warrant that files available for downloading from the Services will be free of viruses or other destructive code. User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE SERVICES, OR ITEMS OR MATERIAL OBTAINED THROUGH THE SERVICES OR FROM ANY WEBSITE OR CONTENT LINKED TO IT.

USE OF THE SERVICES AND ITS CONTENT IS AT USER’S OWN RISK. THE SERVICES OR ITEMS OR CONTENT OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER COLORADO 811 NOR ANY PERSON ASSOCIATED WITH COLORADO 811 MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COLORADO 811 NOR ANYONE ASSOCIATED WITH COLORADO 811 REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER

THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET USER’S NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, COLORADO 811 HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. No license to the User is implied herein. Nothing herein shall be construed as limiting or reducing our responsibilities and obligations to clients in accordance with applicable laws and regulations.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COLORADO 811, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, OR ANY CONTENT ON OR LINKED TO THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Confidentiality of System Behavior

The structure, logic, workflows, outputs, and behavioral characteristics of the Services, including the Exactix Software instance used in Colorado, constitute confidential and proprietary information of Colorado 811.

Competitive Use Prohibited

User may not use the Services, including the Exactix Software, for the purpose of developing, testing, benchmarking, or improving any competing or supplemental product, service, or system, whether directly or indirectly, unless approved in writing by Colorado 811.

No Rights in System Outputs

All data and output generated by the Services, including Exactix Software, remain the proprietary property of Colorado 811. No rights are granted to use such outputs for training AI models or derivative systems.

Attorneys’ Fees and Costs

User agrees to indemnify, reimburse, and hold harmless Colorado 811, together with its affiliates, officers, directors, employees, agents, representatives and service providers, for all reasonable costs and expenses incurred in connection with any dispute, claim, demand, investigation, arbitration, mediation, or legal action arising out of or relating to these Terms or User’s access to or use of the Services, including  without limitation reasonable attorneys’ fees, experts’ fees, court costs, arbitration and mediation fees, discovery costs, and enforcement and collection expenses. User’s obligation under this section applies regardless of the forum, regardless of whether the matter is resolved by settlement, judgment, award, or otherwise, and regardless of the outcome of the dispute.

Governing Law and Jurisdiction

All matters relating to these Terms and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado.

Equitable Relief

User acknowledges that a breach of these Terms may cause irreparable harm for which monetary damages are insufficient, and Colorado 811 is entitled to injunctive or equitable relief without posting bond.

Waiver and Severability

No waiver by Colorado 811 of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Colorado 811 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Interpretation 

For purposes of these Terms: (a) the words "include," "includes" and "including" shall be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to these Terms as a whole; (d) the word "will" shall be construed to have the same meaning and effect as the word "shall"; and (e) any reference herein to any Person shall be construed to include such Person's successors and assigns (subject to any restrictions on assignments set forth herein). The definitions given for any defined terms herein apply equally to both the singular and plural forms of the defined terms. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms.