La Plata County Economic Development Alliance Terms of Service
Upated November 9, 2017
Acceptance of Terms
This Website, www.movetodurango.com, and its affiliated websites including www.yeslpc.com, (collectively the “Website” or “Site”) is an online resource and education service designed to inform and showcase the Durango, Colorado area as a thriving and quality place to live, work and play. This Website features job posting, commercial and residential real estate information, and fun facts (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”).
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:
• That the The Alliance Service, or any particular program is suitable for you;
• Regarding the adequacy or safety of the The Alliance Service for any particular user;
• That The Alliance Service will meet your personal and/or professional needs;
• That The Alliance Service will be permitted in your jurisdiction;
• That The Alliance Service will be uninterrupted or error-free;
• That The Alliance will continue to support any particular feature of the The Alliance Service; or
• Concerning sites and resources outside of the The Alliance Service, even if linked to from The Alliance Service.
The Alliance reserves the right to modify the 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.
• What information we may collect about you;
• What we use that information for; and
• 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.
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 firstname.lastname@example.org 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.
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 email@example.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:
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.