Terms of Service
REPRESENTATIONS AND WARRANTIES
This website is intended for use only by users of legal age to enter into an agreement. You represent and warrant that you are at least 18 years of age and of legal competence to enter into the terms, conditions, obligations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You represent and warrant that any information you provide via the website or email is true and accurate to the best of your knowledge.
The Fields is the owner or licensee of all intellectual property rights in our site, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any materials contained on our website for any commercial purpose without obtaining a license from our licensors. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and The Fields Hotels and Retreats.
INDEMNIFICATION AND RELEASE
You hereby indemnify, defend, and hold The Fields and its affiliates, owners, parents, partners, subsidiaries, franchisees, officers, directors, contractors, subcontractors, attorneys, guests and employees (The Fields, “the Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties, liens, expenses or costs whatsoever (including attorneys fees) for any loss which arise out of (i) this Agreement, (ii) this site or the content contained herein, (iii) third party sites, (iv) communications, or (v) transactions or activity relating to this site.
By using this site, you and (if applicable) each of your respective officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, trustees, successors and assigns hereby fully and forever release and discharge the Indemnified Parties from any and all Claims, whether or not caused by the negligence of any of the Indemnified Parties whether now known or suspected.
The foregoing does not affect The Fields’s liability for death or personal injury arising from our gross negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
VIRUSES, HACKING AND OTHER OFFENSES
As a visitor to our site, you understand that you are not permitted to knowingly introduce viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, our server or computer or database connected to our site. Any attack on our server could constitute a criminal offense under the Computer Misuse Act of 1990. The Fields will report any such breach to appropriate law enforcement authorities. Should you breach any of these policies, your right to use our site will cease immediately.
UNLAWFUL OR PROHIBITED USE
using the Website for any unlawful, unauthorized, fraudulent, or malicious purpose or engaging in activities that would violate any applicable local, state, national, or international law or regulation;
using the Website in a method that could damage, disable, overburden, or impair any server, or any network connected to a server;
disrupting, modifying, tampering with or interfering with the Website and its content and information, others’ use of the Website, or the Website’s associated software, hardware, and servers in any way;
accessing materials, systems, data, or information not intended by The Fields to be accessible to you or through any means not intentionally made available by The Fields; or
distributing, modifying, transmitting, reusing, reposting, copying or using the content of this website for public or commercial purposes, including the text, images, audio, and video, without Razor’s prior written permission.
TERMINATION OF USE
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711)
The Fields makes no guaranty of confidentiality or privacy of any Communications or information transmitted on this site or any website linked to this site. The Fields will not be liable for the privacy of Communications and/or any other information, or any other content transmitted over networks accessed by the Site, or otherwise connected with your use of the site.
You hereby agree that any dispute, claim or controversy arising out of this Agreement or breach thereof will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in Denver, Colorado, in accordance with the Commercial Arbitration Rules.
If an arbitrator or Court of law holds any provision of these terms and conditions to be illegal, invalid or unenforceable, (a) that provision shall be deemed to provide The Fields the maximum protection permitted by law, and (b) the legality, validity and enforceability of the remaining provisions shall not be affected. The Fields updates its website regularly, and reserves the right to change the content at any time.