Terms & Policies

 

 

TERMS OF SERVICE

PLEASE READ THESE TERMS CAREFULLY.  YOUR USE AND INTERACTION WITH OUR WEBSITE, PORTAL AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE OR OUR SERVICE.

Use of Site and/or Service.  This Website and Portal ("Site") and the services provided ("Service") are maintained and operated by Midland Cascade Center ("us," “we,” “our,” or “Company”) with its registered office at 8025 West Highway 24, Cascade, CO 80809.  Midland Cascade Center has one goal: to promote health, wellness and beauty by offering a range of wellness programs including yoga, meditation, mindfulness and more.  Thus, we offer this Site for you to view information and documents (collectively, “Materials”), and make purchases of our products and services.  Please note that you must be at least 18 years of age to use the Services on this Site.  If you breach any of the Terms in these Terms of Service (“Terms”), your authorization to use this Site or these Services automatically terminates.

We may revise these Terms of Service at any time and you agree to be bound by the revised Terms.  Any modification will become effective when it is first posted to the site.  You are responsible to return to the Terms of Service from time to time to review the most current terms and conditions. We may notify you by either posting a new version of this Term of Service, notifying visitors on the website that a new version has been posted.

Registration Requirements.  In order to view and access the website, registration is not required or necessary. In order to purchase services on the Midland Cascade Center Site, you must register using a valid email address.

Visitors thirteen years of age or older who agree to the Terms of Service may register and post content to the site. You agree that the information you supply will be accurate and that you will not supply the email address of, or register under the name of, another person. We reserve the right to reject any username we deem offensive or inappropriate. Users may not register as a business name.

Access to some content or archives may require a subscription that is different than the registration for the Forums.

Account Responsibility. Users are solely responsible for protecting their accounts from access by others. You are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site.

While it is acceptable for users to maintain multiple accounts, Midland Cascade Center can and does track multiple shared accounts from a single or multiple computers as one account in terms of TOS violations. If the TOS is violated severely enough to warrant the banning of one account, all known accounts shared between a single or multiple users who use the same computer may also be banned for the actions of the violating account at the administrators' discretion.

Because of this rule, it is highly recommended that board users do not share their accounts with others, nor share their computers used to access the site with others, as the actions of some other person could easily directly impact all known shared message board accounts.

Should a user be temporary blocked from the site based on violations of the Terms, we ask that they comply with the banned period. Permanent bans will result in users "hacking" their way onto the site using Proxy IP addresses.

Cancellation Policy

We are happy to assist you if you need to cancel your appointment, however; we require 24 hours cancellation notice prior to your scheduled arrival.

Return and Refund Policy

If there are problems with your goods or service, please contact us at win@fountaincreekventures.com. Midland Cascade Center does not provide returns or refunds as all products are sold “as is.”  No refunds will be issued.

Privacy and Release of Information.  Under normal circumstances, Midland Cascade Center will never release your provided information to any third party without your consent.  However, in cases of Terms violations or illegal activities, we reserve the right to forward any and all known information about you and your accounts to your ISP (including libraries, schools, and places of employment), email service provider, your ISP account owner (if someone else is actually paying for it), and any parties whose copyright has clearly been infringed by your actions on the boards, or requests from law enforcement authorities.

All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy. Please CLICK HERE to see our full Privacy Policy.

Member Conduct.  You agree that you will not use these sites to perform the following actions:

Unauthorized Access
Accessing or attempting to access any Midland Cascade Center user account not belonging to the user in question without permission is prohibited. Accessing another user's account in this manner is grounds for immediate loss of all known accounts.

Bugs and Exploits
Using exploits or tricks in the Midland Cascade Center code to gain privileges, access, or abilities not clearly intended by the board design is prohibited. Making exploits public or using them for personal benefit is grounds for immediate loss of all known accounts.

Usernames, Profiles, and Forms
Violating any of the above rules with a username, any part of the user profile (signature, quote, email, IM), or via feedback forms (such as the Mark for Moderation function) is considered a severe violation.

Other
Any other activity that is clearly detrimental to the flow of conversation and normal activities of the boards and its users may also be deleted.

Content.

Ownership

Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published by Midland Cascade Center on our sites, including, but not limited to written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights and trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part.  If you would like to request permission to use any of the content on our sites, please send an email to win@fountaincreekventures.com.

The sites are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising these sites are also copyrighted works.

By posting content to the site, you automatically grant the right to Midland Cascade Center to use, copy, modify, adapt or publish the content that you post, including for purposes of advertising and publicity on the sites and elsewhere Midland Cascade Center is under no obligation to pay you for your posting.  By your posting, you receive consideration in terms of the publication of your post and the goodwill surrounding your content.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our Sites, (ii) distributing Your Content either electronically or via other media, to users seeking to download or otherwise acquiring it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed, including print publication.

Accuracy

Our site contains content that we create as well as content provided by third parties. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by Users in the Forums, feedback, Comments, or Guest Book sections of our sites.

Offensive Content

You may be exposed to content that you find offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Midland Cascade Center is not responsible for screening content before it is posted.

Site Security and Conduct.  Any Material we upload to this Site will be accessible to all users of the Site (“Users”).  We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access.  Any unauthorized commercial use of the Service is expressly prohibited.  You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password.  You must protect the confidentiality of your password, and you should change your password periodically.  You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally—by sharing your user ID or password.  Further, by way of example and not as a limitation, you agree not to:

1.    use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);

2.    harvest or otherwise collect information about others, including e-mail addresses, without their consent;

3.    create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

4.    transmit through the Service any Materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;

5.    transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;

6.    violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;

7.    interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

8.    attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or

9.    interfere with another User’s use and enjoyment of the Service.

System and Network Security.  Violations of system or network security are prohibited, and may result in criminal and civil liability.  We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.  You must take reasonable security precautions in light of your use of the Service.  You are solely responsible for any breaches of security affecting the servers under your control.

Intellectual Property Rights.  The Service and this Site are protected to the maximum extent permitted by copyright and trademark laws and international treaties.  The Content of this Site, and related pages, is copyrighted property of Midland Cascade Center, or other suppliers credited as the provider.  You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.  Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Site or the Service. 

 

Notification of Claims of Infringement.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement at: 

Jennifer Dukarski

dukarski@butzel.com

301 East Liberty Street, Suite 500 

Ann Arbor, MI 48104

Office: 734.995.3110  |  Fax: 734.995.1777

Please provide the following information:

1.    Identify the material on the Site that you claim is infringing in sufficient detail so that we can find it;

2.    Include the specific statement that you have a good faith belief that the disputed use you have identified is not authorized by the copyright owner, its agent, or the law;

3.    Include the specific statement in which you declare, under penalty of perjury, that (a) the information you have provided is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

4.    Your address, telephone number, and email address; and

5.    Your physical or electronic signature.

 

We will remove the infringing content according to the procedures outlined in the Digital Millennium Copyright Act of 1998.

Please note that, pursuant to 17 U.S.C. 512(f), any misrepresentation of fact or falsities in a written notification will automatically subject the complaining party to liability for damages, costs and attorneys’ fees incurred by us in connection with the written notification and your allegation of copyright infringement. 

Representations.  You represent and warrant that you will not hold us responsible for the quality, safety, or accuracy of the Materials on the Site.  We provide no warranty or guarantee regarding the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any purposes.  You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.  If you are aware of any relevant errors, inaccuracies, or discrepancies, including pricing discrepancies please alert us at  win@fountaincreekventures.com.

Disclaimer of Warranty.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES:  (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE.  YOU USE ANY INFORMATION OR MATERIALS ON THIS WEBSITE ENTIRELY AT YOUR OWN RISK.  IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES, OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.

Links to Other Websites.  The Site may contain links and pointers to other websites that are maintained by third parties.  Such links do not mean that we endorse these third-party sites or any materials they contain.  Of course we do not control, and thus are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

Indemnity.  You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.

Governing Law.  You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A. without reference to its conflicts of law provisions.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.  You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Michigan for any disputes arising out the use of this site.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter that it describes. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the information it covers.

If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement.  Any remaining provisions of the Agreement will continue to be enforced with full effect.

Limitation of Liability.  UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OUR SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitations may not apply to you.

Consequences of Violation of Terms.  We may, without notice to you, suspend your Service or remove any Materials transmitted via the Site if we discover facts that lead us to reasonably believe the Site service is being used in violation of these Terms.  You agree to cooperate with our reasonable investigation of any suspected violation of these Terms.  We may attempt to contact you prior to your suspension; however, prior notification is not assured.

 

 

 

 

 


 

PRIVACY POLICY

Smith & Smith Cascade Property, LLC (doing business as Midland Studio also referred to as “we,” “our,” “us”) has one goal: Improving the wellness of our Cascade community.

 

What Information Do We Gather?

What Do We Do With the Information We Collect?

Who Can Use the Information We Collect and How?

How Do We Protect the Personal Information We Collect?

How Do You Opt-out of Personal Information Sharing with Our Business Partners?

How Do You Correct and Update Your Personal Information?

What is Our Privacy Policy If You Are Under 13 Years of Age?

What Happens When You Link to a Third-Party Web Site?

What Happens When We Update Our Privacy Policy?

What Happens If We Sell Our Business?

Your California Privacy Rights

What If You Have Questions?

 

1.             What Information Do We Gather?

When you visit our Website and Portal (“Site”), we may gather the information necessary to identify your needs and to provide you with better service.  Through your use of the site or registration as a new user, we may request personal information including, but not limited to:

·      Name, company and job title

·      Contact information including email address and cell phone number

·      Demographic information including postal code, product preferences and interests

·      Internet Protocol (“IP”) Address and other persistent identifiers

·      Other information relevant to customer surveys and offers

·      If you become a registered user or if you conduct transactions through this website, we will collect information about the transactions you engage in while on the website and your other activity on the site. This information may include, without limitation, areas of the website that you visit, transaction type, content that you view, download or submit, transaction amount, payment, and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business.

Some of this information, including name, company and contact information, will only be collected if you voluntarily provide it during the user registration process.  We may also track information such as the domain name and the name of the web page from which you entered our Site, and how much time you spend on each of our pages.  We collect information that is combined with other web visitors' information, such as how many times visitors click on each web page and the methods by which our Site was found.  We may collect IP addresses and website usage information from you when you visit our Site via the use of "cookies."  An IP address is a number that is assigned to your computer when you are using your browser on the Internet.

 

A cookie is a small file that is stored on the hard drive of your computer ready for future access when you return to our Site.  We use cookies to deliver web content specific to you and to keep track of your online order activity.  Cookies cannot pass viruses, harm your computer or pass on private information such as an email address without the computer user's intervention.  Cookies contain session identification numbers that allow our systems to recall previous sessions for authentication efforts and assemble information from our gathered data.  You can configure your computer's browser to alert you when a site is attempting to send you a cookie and allow you to accept or refuse the cookie. Further information on how to prevent cookies from being stored on your device can be found on http://www.allaboutcookies.org under the ‘manage cookies’ section. Alternatively, you can access further information by going to the help menu within your internet browser. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

 

2.             What Do We Do With the Personal Information We Collect?

You will be asked to provide personal information in certain fields on this Site that allow you to be able to use our Services.  The personal information we collect is used only for the purpose we state at the time of collection or for purposes contained below.  For example, our uses may include, but are not limited to, the following:

·      To process transactions. Midland Cascade Center uses personal information such as name, physical address, telephone number, email address, and company/institution to engage in interactions with you, including contacting you about your transactions with the site.

·      To process payments. We use financial/credit card and payment information to process your order and may need to share some of this information with delivery services, credit card clearing houses, and other third parties to complete the transaction.

·      To provide support or other services. Midland Cascade Center may use your personal information to provide you with support or other services that you have ordered or requested. Midland Cascade Center may also use your personal information to respond directly to your requests for information, including registrations for newsletters, webinars, or other specific requests, or pass your contact information to the appropriate Midland Cascade Center distributor or reseller for further follow-up related to your interests.

·      To provide information based on your needs and respond to your requests. Midland Cascade Center may use your personal information to provide you with notices of new product releases and service developments.

·      To provide online forums and social networks. Some services available on the websites may permit you to participate in interactive discussions, post comments, opportunities, or other content to a bulletin board or exchange, or otherwise engage in networking activities. Some of these services may be moderated; all may be accessed for technical reasons (for example, for improvements or fixes). Midland Cascade Center does not control the content that users post to these forums or social networks. You should carefully consider whether you wish to submit personal information to these forums or social networks and tailor any content you submit appropriately and in accordance with the relevant terms of use. You should also review any additional terms and conditions that may govern your use of these services, including terms related to sharing your personal information and receiving communications.

·      To administer products. Midland Cascade Center may contact you if you purchase products to confirm certain information about your order (for example, that you did not experience problems in the download process). We may also use this information to confirm compliance with licensing and other terms of use and may share it with your company/institution.

·      To select content, improve quality, and facilitate use of the websites. Midland Cascade Center  may use your personal information, including the information gathered as a result of site navigation and electronic protocols and cookies (including third-party cookies), to help create and personalize website content, improve website quality, track marketing campaign responsiveness, evaluate page response rates, conduct usability testing, and facilitate your use of the websites (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, keep track of shopping cart additions, and preserve order information between sessions).

·      To serve personalized advertising to you. We don't share your information with advertisers without your consent. We allow advertisers to choose the characteristics of users who will see their advertisements, and we may use any of the non-personally-identifiable attributes we have collected to select the appropriate audience for those advertisements. When you click on or otherwise interact with an advertisement, there is a possibility that the advertiser may place a cookie in your browser and that your attributes meet the criteria the advertiser selected.

·      To assess usage of products and services. Midland Cascade Center may track your usage of Midland Cascade Center products and services to determine your level of usage, and those usage statistics may be made available to Midland Cascade Center’s content licensors and your company/institution.

·      To communicate with you about events. We may communicate with you about events hosted or co-sponsored by Midland Cascade Center or one of our business associates. This may include information about the event's content, event logistics, payment, updates, and additional information related to the event. Information you provide when registering for or participating in a conference managed or co-sponsored by parties, other than or in addition to Midland Cascade Center may be shared with those parties, and the treatment of such information is further subject to the privacy policies of those parties. Midland Cascade Center and its conference co-sponsors may contact you after the event about the event, subsequent iterations of the event and related events. Please note that Midland Cascade Center event organizers, co-sponsors, exhibitors, and other third parties may directly request your personal information at their conference booths or presentations. Providing your information to them is optional, and you should review their privacy policies to address your particular needs and concerns about how they will treat your personal information.

·      To update you on relevant benefits, programs, and opportunities. Midland Cascade Center may communicate with you regarding relevant Midland Cascade Center benefits, programs, and opportunities available to you.

·      To engage with third parties. Midland Cascade Center may share your personal data with third parties in connection with services that these individuals or entities perform for or with Midland Cascade Center. These third parties are restricted from using this data in any way other than to provide services for Midland Cascade Center or for the collaboration in which they and Midland Cascade Center are contractually engaged (for example, hosting an Midland Cascade Center database or engaging in data processing on Midland Cascade Center’s behalf, or mailing you information that you requested). These third parties are carefully selected by Midland Cascade Center and obligated to keep your data secure. From time to time, we may also share your information with third parties whom we think might provide content, products, or services of interest to you.

·      To protect Midland Cascade Center’s content and services. We may use your information to prevent potentially illegal activities and to enforce our terms and conditions. We also use a variety of technological systems to detect and address anomalous activity and to screen content to prevent abuse, such as spam. These efforts may, on occasion, result in a temporary or permanent suspension or termination of some functions for some users.  By using the Website, you acknowledge and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order) or law; (b) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Midland Cascade Center, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, compliance with applicable law, and spam/malware prevention, and similar purposes.

·      To get feedback or input from you. In order to deliver products and services of most interest to our customers, from time to time, we may ask members, customers, volunteers, and website visitors to provide us input and feedback (for example through surveys, usability studies, focus groups).

·      To protect Midland Cascade Center information assets as well as your own personal data. The Midland Cascade Center Information Security Program protects the confidentiality, integrity, and availability of Midland Cascade Center information assets by following a risk management approach based on policies, standards, guidelines, and procedures to meet security objectives while supporting business and operational goals. 

·      To assist in Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of Midland Cascade Center’s assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, Midland Cascade Center will comply with such restrictions.

To the extent that we collect certain demographic information about you, we may use this information in our market research, but we will do so only after we “anonymize” the data, i.e., remove information that would confirm your identity.  We will not use your personally identifiable information, however, to send commercial or marketing messages to you unless we have your continued consent for which you will have the ability to opt out by sending an email to win@fountaincreekventures.com.

 

This Site does not collect personally identifiable information when you browse the Site and request pages from our servers unless you voluntarily and knowingly provide such information to us.  This means that we will not know your name, your email address, or any other personally identifiable information just because you browse the Site unless you:

  • access the Site from a link in an email that we have sent to you;

  • have created a profile and you either log-in to your account or choose to be remembered via your cookie or your web-enabled mobile device.

In these cases we will know who you are based on the information you previously supplied to us.  When you request a page from our Site, our servers log the information provided in the HTTP request header including the IP number, the time of the request, the URL of your request and other information that is provided in the HTTP header.  We collect the HTTP request header information in order to make our Site function correctly and provide you the functionality that you expect to see.  We also use this information to personalize content presented to you, better understand how visitors use our Site and how we can better tune it, its contents, and functionality to meet your needs.  We only use your personally identifiable information for those activities listed at the time you submit your information to us.  For example, if you provide us with an email to inform you of special events, then that is what we will use your email address to do.  If we would like to use your personally identifiable information for an unrelated activity, we will first request your consent to do so.

 

3.             Who Can Use the Information We Collect and How?

We may provide your information to third parties, or third parties may collect information from you on our behalf if we have contracted with that third party to provide some part of the information or service that you have requested.  Other than those who act on our behalf and except as explained in this Policy, information you provide at this Site will not be transferred to unrelated third parties, unless we have your permission to do so.  However, please note that personal information provided to this Site is subject to disclosure pursuant to judicial or other government subpoenas, warrants or orders.  We will only provide this information after approximately two weeks following receipt of a valid subpoena or other legal process in a civil case. 

 

4.             How Do We Protect the Personal Information We Collect?

 

Security of Personal Data

 

We are committed to protecting the security of your personal data. Depending on the circumstances, we may hold your information in hard copy and/or electronic form. For each medium, we use technologies and procedures to protect personal data. We review our strategies and update as necessary to meet our business needs, changes in technology, and regulatory requirements.  These measures include, but are not limited to, technical and organizational security policies and procedures, security controls and employee training. 

 

Retention of Personal Data

 

Midland Cascade Center retains personal data for as long as necessary to provide the services and fulfill the transactions you have requested, or for other business purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. We are required by law to keep some types of information for certain periods of time (e.g. statute of limitations). If your personal data is no longer necessary for the legal or business purposes for which it is processed, we will generally destroy or anonymize that information.

 

5.             What Are Your Rights Regarding Your Personal Data?

 

We respect your right to access and control your personal data. You have choices about the data we collect. When you are asked to provide personal data that is not necessary for the purposes of providing you with our Sites, Products and Services, you may decline. However, if you choose not to provide data that is necessary to provide a Service, you may not have access to certain features, Sites, Products, or Services.

 

We aim to keep all personal data that we hold accurate, complete and up-to-date. While we will use our best efforts to do so, we encourage you to tell us if you change your contact details. If you believe that the information we hold about you is incorrect, incomplete or out-of-date, please contact win@fountaincreekventures.com.

 

Access to personal data: In some jurisdictions, you have the right to request access to your personal data. In these cases, we will comply, subject to any relevant legal requirements and exemptions, including identity verification procedures. Before providing data to you, we will ask for proof of identity and sufficient information about your interaction with us so that we can locate any relevant data. We may also charge you a fee for providing you with a copy of your data (except where this is not permissible under local law).

 

Correction and deletion: In some jurisdictions, you have the right to correct or amend your personal data if it is inaccurate or requires updating. You may also have the right to request deletion of your personal data. Please note that such a request could be refused because your personal data is required to provide you with the products or services you requested, e.g. to deliver a product or send an invoice to your email address, or that it is required by the applicable law.

 

E-mail communications you receive from Midland Cascade Center will generally provide an unsubscribe link allowing you to opt-out of receiving future e-mail or to change your contact preferences. E-mail communications may also include a link to directly update and manage your marketing preferences. If You have an online account with Midland Cascade Center, You can also change your contact preferences through your Mindbody account directly. Please remember that even if you opt out of receiving marketing emails, we may still send you important Service information related to your accounts.

 

6.             How Do You Opt-out of Personal Information Sharing with Our Business Partners?

 

We may use third party analytics vendors to evaluate and provide us with information about the use of our Services and viewing of our content.  Some of the information you see on our Sites may be customized based on automated predictions about your interests, which predictions are generated from your visits over time and across different websites, using tools such as Google Analytics.  This information allows us to create content of greater interest to you and can also be used to serve ads based on your past visits to our Sites.  Note that you can opt out of a third-party vendor's use of cookies, including use by Google, by visiting the Network Advertising Initiative opt-out page (http://www.networkadvertising.org/choices/).

 

For more information about how targeted Network Advertising works, please visit: http://www.youradchoices.com/ or http://www.networkadvertising.org/understanding-online-advertising.

 

You may opt-out of third party targeted advertising or analytics in two ways: 1) By directly notifying a Network Advertising service provider via its opt-out tools (Please see above) or 2) using your browser’s Do Not Track (DNT) settings to indicate that you do not wish to receive targeted advertising based on your overall internet usage. For more information about DNT and how it works, please visit the Future of Privacy Forum’s website: http://www.allaboutdnt.com/.

We will make a good faith reasonable effort to honor your DNT browser settings for opting out of receiving targeted third party advertising based on your overall Internet usage. Please note that various browsers frequently update technology or change their settings and business practices without advance notice, and we may not have the latest information on how to honor your preferences. If you exercise either opt-out option – the cookie opt-out or the browser opt-out – you will continue to receive advertising, but such advertising may not relate to your specific interests, previous purchases or search history.

However, you cannot opt-out of our contextual analytics and advertising, which is based on your usage of only our Services. We will continue to serve you contextual advertising. We will also continue to monitor your usage and search or transaction history to provide us with analytics on how well our Services, features and activities are functioning and used. We will also share this information in an aggregated form (meaning that no one individual person can be identified) within our company.

You can also opt out of our marketing emails at any time by contacting us at win@fountaincreekventures.com or by sending us a post card to “OPT OUT”, Midland Cascade Center, 8025 West Highway 24, Cascade, CO 80809.

 

7.             How Do You Correct and Update Your Personal Information?

You can change or correct your account information at any time.  Just send an email with your old information and your corrections to win@fountaincreekventures.com with "Correction" in the subject line.

 

8.             What is Our Privacy Policy If You Are Under 13 Years of Age?

We understand the importance of protecting the privacy of all individuals, especially the very young.  Our services are intended for United States audiences over the age of 18.  We neither target nor sell our products to children under the age of 13, and we do not knowingly collect personal information from them.  Subscribing to our online service is restricted to adults who are either 18 years of age or older or as otherwise legally defined.

 

9.             What Happens When You Link to a Third-Party Web Site?

If you click on a link and go to another site, you will be subject to that website’s privacy policy.  If we conduct business with that website such that we need to exchange personally identifiable information, we will make sure that the business has a privacy policy just as protective as ours.  We encourage you to read the posted privacy policy statement at any website before submitting any personal information at all.

 

10.          What Happens When We Update Our Privacy Policy?

We may on occasion update our Policy.  Your acceptance of any minor changes to this Policy is indicated by your continued use of our Services.  If we make any material changes to our Policy, we will post a notice about the change at a prominent location on our Site.  We encourage you to periodically review our Site and this Policy for any changes.

 

11.          What Happens If We Sell Our Business?

While we do not anticipate it, every business nowadays should plan for the possibility that it might sell certain or all of its assets to another company or individual, or that it might buy certain assets of another company or individual.  If all or part of the company is sold, merged or otherwise transferred to another entity, the personal information you have provided to us may be transferred as part of that transaction.  However, we will take steps to ensure that your personal information is used in a manner consistent with the provisions of our Policy.

 

12.          Your California Privacy Rights

If you are a California resident and have an established business relationship with us and want to receive information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail).  You may contact us in two ways. Send email to win@fountaincreekventures.com.

 

Alternatively, you may contact us at:

 

Midland Cascade Center

8025 West Highway 24

Cascade, CO 80809

Attn:   Your California Privacy Rights

c/o Privacy Administrator

 

For requests sent via email, you must put the statement “Your California Privacy Rights” in the subject field of your email.  All requests sent via postal mail must be labeled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for responding to notices that are not labeled or not sent properly, or do not have complete information. 

If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to win@fountaincreekventures.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

13.          What If You Have Questions?

If you have questions or concerns regarding this statement, you should first contact us via email at win@fountaincreekventures.com.