Terms of Service

thefieldsofmichigan.com is a website (“site”) operated by Fields of Michigan, LLC for itself and on behalf of its group of companies and/or affiliates (hereinafter, “The Fields”, “we” or “our”). The Fields is a registered Michigan Corporation. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide at our site without notice. This Website is intended to provide information and services for your personal use. The Fields grants you a personal, non-exclusive, non-transferable, limited and revocable license to use thefieldsofmichigan.com subject to these terms of use. You may use The Fields’s website and information acquired from The Fields’s website for your own personal, non-commercial, and lawful purposes. By using this site, you hereby agree to the terms and conditions set forth herein. We reserve the right, in our sole discretion to modify, add, or remove portions of the terms of this Agreement at any time, without notice. It is your responsibility to visit the Terms of Use link at the bottom of the Website’s home page periodically to review the most current terms and conditions. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use Agreement. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Website. Unless otherwise indicated, such changes will become effective immediately. We will not be liable if for any reason our site is unavailable at any time, for any period. From time to time, we may restrict access to some parts of our site, or our entire site to users who have registered with us. You are responsible for keeping passwords and account information related to this site confidential. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion, you have failed to comply with any of the provisions of these terms of use.

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.

INTELLECTUAL PROPERTY

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.

PRIVACY POLICY

Consistent with our privacy policy, you consent to our processing of personally identifiable information (“PII”). By using our site, you consent to such processing and warrant that data provided by you is accurate.

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

The site may only be used for lawful purposes in accordance with these terms of use. As a condition of your use of this site, you represent and warrant that you will not use the site for any purpose that is unlawful or prohibited by these terms of use. Whether on behalf of yourself or on behalf of any third party, you are prohibited from:

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

The Fields reserves the right to take any lawful action The Fields deems appropriate in response to any actual or suspected violations of the terms of use, including but not limited to the suspension or termination of a user’s access to the Website. The Fields may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as expressly limited by the Privacy Policy, we reserve the right to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or as otherwise permitted by law.

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.

DISPUTE RESOLUTION

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.

SEVERABILITY

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.

The Fields
154 68th Street
South Haven
Michigan, 49090
1+ 269.341.0154
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