Web Policies

Terms of Service

Last updated November 9, 2017

Acceptance of Terms

This Website, www.yeslpc.com, and its affiliated websites (collectively the “Website” or “Site”) is an online resource and education service designed to foster the economic success of the La Plata County community. Our mission is to serve as the gateway for individuals looking to start, own, grow, or relocate their business to La Plata County, by providing advocacy, relevant information, and resources at the local, state and national level (collectively, the “Alliance Service” or “Service”). This Site is owned by La Plata County Economic Development Alliance, a 501 (c)(6) non-profit corporation (“The Alliance,” “Site,” “we,” or “us”).

By using this Site, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and The Alliance. You should also read and understand The Alliance Privacy Policy [view below these terms of service], which is incorporated by reference into this Agreement and is available on The Alliance Site.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND LEGAL DISCLAIMERS, YOU ARE NOT AUTHORIZED TO USE THIS SITE.

1. Age Requirement
You must be at least 18 years old to use The Alliance Service. If under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements, please discontinue using this Site immediately.

2. Professional Advice and Disclaimer
You acknowledge that your use of this Site is for educational purposes only. You understand that if you are seeking specific professional advice, you must seek that in person, from a qualified professional having particular knowledge of your case, circumstances and history.

THE ALLIANCE SERVICE PROVIDES RESOURCES AND GENERAL INFORMATION. NOTHING STATED OR POSTED ON THE ALLIANCE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF PROFESSIONAL ADVICE. THE ALLIANCE SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE ALLIANCE SITE.

3. General Disclaimers
The Alliance provides The Alliance Site on an “as is” and “as available” basis. You therefore use The Alliance Site at your own risk. The Alliance expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, The Alliance makes no representations or warranties:
o That The Alliance Service, or any particular program is suitable for you;
o Regarding the adequacy or safety of The Alliance Service for any particular user;
o That The Alliance Service will meet your personal and/or professional needs;
o That The Alliance Service will be permitted in your jurisdiction;
o That The Alliance Service will be uninterrupted or error-free;
o That The Alliance will continue to support any particular feature of The Alliance Service; or
o Concerning sites and resources outside of The Alliance Service, even if linked to from The Alliance Service.

The Alliance reserves the right to modify The Alliance Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to The Alliance Service. The Alliance has no obligation to screen or monitor any content and does not guarantee that any content made available on The Alliance Service complies with this Agreement or is suitable for all users. The Alliance shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.

4. Limitation of Liability
To the fullest extent permitted by law, in no event shall The Alliance, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses.

Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

5. Privacy
Your privacy rights are set forth in our Privacy Policy [view below these terms of service], which forms a part of this Agreement. Please review the Privacy Policy to learn about:
o What information we may collect about you;
o What we use that information for; and
o When and with whom we share that information.
CONSENT TO EMAIL: When you register with our Site, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

6. Indemnification
You agree to indemnify, defend, and hold harmless The Alliance and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on The Alliance Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to The Alliance violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. The Alliance reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Alliance in connection therewith.

7. License to Use The Alliance Service
License. The Alliance grants you a limited, non-exclusive license to access and use the The Alliance Service for your own personal, non-commercial purposes. This includes the right to view content available on The Alliance Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
Restrictions. Except as expressly permitted by The Alliance in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble The Alliance Service. Nor will you take any measures to interfere with or damage The Alliance Service. All rights not expressly granted by The Alliance are reserved.

8. Third Party Links and Content
Linked Sites. The Alliance Site contains links to third party websites (“Linked Sites”). When you are linking to a third party site, it is important to know that The Alliance does not control these sites, nor has The Alliance reviewed or approved the content which appears on the linked sites. The Alliance is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that The Alliance shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.

Dealings with Third Parties. More specifically, your participation, correspondence or business dealings with any third party found on or through The Alliance Site regarding employment, payment and/or delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that The Alliance shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

9. Intellectual Property
This Website may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights (“Intellectual Property”) of The Alliance and/or third parties. No license to or right in any such Intellectual Property is granted to you without the express written consent of The Alliance. The following is a non-comprehensive list of the property trademark rights owned by The Alliance.

10. Copyright / DMCA Policy
The Alliance respects the intellectual property of others, and we ask our users to do the same. The Alliance will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact The Alliance by email at info@yeslpc.com or by regular mail at:
La Plata County Economic Development Alliance
Attn.: Copyright Agent
1315 Main Avenue #208
Durango, CO 81301 USA

11. General Provisions
Dispute Resolution, Arbitration, Jurisdiction, and Governing Law. Except where prohibited, any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, or the Site shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. Judgment upon the award rendered in arbitration shall be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover attorney fees and costs in connection with the action. You may not under any circumstances commence or maintain against The Alliance or its affiliates any class action, class arbitration, or other representative action or proceeding.

By using the Site or the Service in any manner, you agree to the above mediation and arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Alternative Orthodontics or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against The Alliance may be commenced only in the federal or state courts located in Durango, La Plata County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and The Alliance, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the American Arbitration Act.

Successors; Assignment; No Third Party Beneficiaries. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without The Alliance prior written consent. No third party shall have any rights hereunder.
Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from The Alliance electronically. The Alliance may provide all such communications by email or by posting them on The Alliance Site. For support-related inquiries, you may send an email to info@yeslpc.com or the following address:
La Plata County Economic Development Alliance
1315 Main Avenue #208
Durango, CO 81301 USA

Modification. This Agreement may not be modified except by a revised Terms of Service posted by The Alliance on The Alliance Site or a written amendment signed by an authorized representative of The Alliance. A revised Terms of Service will be effective as of the date it is posted on The Alliance Site.

Entire Agreement. This Agreement incorporates the following documents by reference:
PRIVACY POLICY [view below these terms of service]
This Agreement constitutes the entire understanding between The Alliance and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

Privacy Policy

Last updated November 9, 2017

La Plata Country Economic Development Alliance (“The Alliance”) respects the privacy of our users and the importance of the information they entrust to us. With this in mind, we provide you this privacy policy (the “Policy”) to help you understand the kinds of information we may gather about you when you visit the Site or use any of our Services, how we may use and disclose the information, and how you can control, correct and/or update the information. By visiting The Alliance website or using The Alliance services, you are accepting the policies and practices described in this Policy. Each time you visit The Alliance website or use The Alliance services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy.

Information We May Collect
We may collect information that can identify you (“personal information”), such as your name, email address, age, professional profile, comments, photographs, video submissions or likeness when you provide it to us when using our website (e.g., by contacting us through the Site), or in some other manner, e.g., by posting or submitting it to Facebook using our website, or to our Facebook page. We may also collect information from (i) from our business partners, and, (ii) from other third parties as we further describe in this Policy. In addition to this information, we may also automatically collect information from your Facebook friends when they reply to Facebook comments you have uploaded to our site (e.g., their name, comment and photo). We may combine the personal information that we receive from different sources.

We also may collect other types of information in the following ways when you visit The Alliance website:
o Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users’ movements around our site and understand trends.
o We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience.
o We may use standard Internet tools, such web beacons, which collect information that tracks your use of our website and enables us to customize our services and advertisements.
o We use third party analytics tools, such as Google Analytics, to collect and analyze certain user information and behavior. This information may include demographic and interest information, such as age, gender and users interests. We use this information for internal business purposes on an aggregated, anonymous basis. To opt-out of Google Analytics data collection, you can visit the following site and follow the opt-out procedures: https://tools.google.com/dlpage/gaoptout/. For additional information visit www.google.com/policies/privacy/partners/.
o We may also collect certain information, such as the URL of the last web page you visited before coming to our Site, your preferences and settings (e.g., time zone), the ads you clicked on or viewed on our Site (if any), how long you stayed on our Site and what services and features you used.
Protection of Children’s Information

For purposes of use of this Site, we do not knowingly collect personal information from children under the age of 13. Should we ever do so, we will comply with the Children’s Online Privacy Protection Act.

Information Others May Collect
We may allow third-party advertising companies and ad networks, including content recommendation engines, to display advertisements on our The Alliance websites or related applications, and to track user activity on our Site for the purpose of determining what ads to display. These companies may also use information collected on our Site in order to better serve ads (ad retargeting).
o We do not provide any personal information to these companies.
o These companies may use tracking tools, such as cookies, to collect information about computers and browsing activity to determine which advertisements to display to users.
o Some of these companies may be members of the Network Advertising Initiative, which offers consumers the ability to opt out of ad targeting by all member companies (www.networkadvertising.org).

These advertisers, advertising networks, and behavioral targeting companies sometimes collect information that tracks your use of our Site in order to measure ad performance, track which ads you clicked on and display ads targeted specifically to you, including displaying ads after your leave our Site on other third party sites that are within their ad network.

If you post information about yourself or others, or communicate with others using our website, please note that we cannot control who reads your postings or what they do with the information you provide. We encourage you to use caution in posting personal information.

How We May Use Information We Collect
We may use information to:
o Provide our products and services and improve and customize services;
o Send newsletters to our users and make special offers;
o Offer products and services that may be of interest to you;
o Process payment for products or services you order via our website;
o Customize the advertising and content that you see on our website;
o Facilitate use of our website;
o Publicly display feedback and comments posted by you on our properties (e.g., use your name, photograph, video submissions and comments when you post feedback on our site or to Facebook);
o Display information about your friends (e.g., their name, photograph and comments) that is automatically uploaded when they comment on Facebook messages that you post to our site;
o Analyze use of and improve our website, products and services;
o Identify and protect against fraudulent transactions and other misuses of our website; and
o Enforce our Terms of Use.

With Whom We May Share Information We Collect
We will not share your personal information with others except as indicated below, or except when we inform you in advance and give you the opportunity to opt out. We may share personal information with:
o Service providers performing services on our behalf;
o Other businesses with which we partner or which we carefully select to offer you products, services, and promotions through our website or offline; and
o Other third parties in limited circumstances, such as reporting suspected criminal activity, complying with legal requirements, preventing fraud, and protecting the safety of our users.

We may share aggregated, anonymous information in any of the above situations and also with service providers, advertisers and others for our own marketing purposes and for purposes of improving the manner in which, and to whom, we offer our services.

Your Choices
You may choose:
o Not to provide personal information, although that may result in your inability to obtain certain services or use certain features of our website;
o To stop receiving promotional emails or newsletters from us by sending an email to info@yeslpc.com;
o To delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our website may not function properly;
o You may opt-out of any Google Analytics-related collection by visiting the following site and following the opt-out procedures: https://tools.google.com/dlpage/gaoptout/.

Security
We take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.

Third-Party Links
The Alliance website links to websites operated by third parties that we do not control. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. This Policy applies solely to information collected by us through The Alliance website or services and does not apply to third-party websites. The ability to access information of third parties from The Alliance website or services, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations, or their content.

Security & PCI Compliance
We take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.

PCI is a worldwide security standard assembled by the Payment Card Industry Security Standards Council (PCI SSC). Payment Card Industry Data Security Standards (PCI DSS) are network security and business practice guidelines adopted by Visa, MasterCard, American Express, Discover, Card, and JCB to establish a minimum security standard to protect customer’s payment card information. It’s a requirement for all merchants that store, transmit, or process payment card information. This Site has security measures in place to protect the loss, misuse, and alteration of the material and information under our control and adheres to international PCI compliance standards for data security

Privacy Policy Changes
The Alliance reserves the right to change, modify, add, or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt out of such differing uses. Your continued use of The Alliance website or services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended.

How to Contact Us
If you have any questions about this Policy, or our information practices, please contact us by email or postal mail below:

info@yeslpc.com
La Plata County Economic Development Alliance
1315 Main Avenue #208
Durango, Colorado 81301
USA