Terms & Conditions – Black’s Pheasant Fields

Agreement Between Customer and Black’s Pheasant Fields, Inc.
Welcome to the hospitality business website for Black’s Pheasant Fields Powered by PPwix Website Services (the “Website”). This Website is provided solely to assist customers in gathering travel information, determining the availability of lodging-related goods and services, making legitimate reservations or otherwise transacting business with Black’s Pheasant Fields and for no other purposes.

This Website and its pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through this Website (the “service”) are owned, operated and provided by Black’s Pheasant Fields, Inc. (“Black’s Pheasant Fields”, “us”, “we” or “our”) and licensed to Black’s Pheasant Fields. This Website is provided for your personal, non-commercial use only, subject to the terms and conditions set out below. The term “you” refers to the customer visiting and searching for accommodations or engaging in business activities with Black’s Pheasant Fields via the Website and/or booking a reservation through us on this Website, or through our customer service agents.

These Terms and Conditions – as may be amended from time to time – apply to all of our services directly or indirectly (through distributors) made available online, by email or by telephone. By accessing, browsing and using our Website and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Statement). If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

Black’s Pheasant Fields Terms & Conditions
1. Scope of Our Service
2. Use of The Website
3. Rates
4. Privacy
5. Free of Charge
6. Credit Card Security Standards
7. Reviews
8. Reservation Cancellations
9. Copyright and Trademark Notices
10. Limited Liability Disclaimer
11. Software Available On This Website
12. Indemnification
13. Miscellaneous
14. About Black’s Pheasant Fields
15. Service Help

1. Scope of our Service
Through this standalone hospitality Website Powered by PPwix Website Services, we (Black’s Pheasant Fields) provide an online digital marketing and reservations platform through which Black’s Pheasant Fields can advertise their products and services, and through which visitors to the Website can make reservations and engage or communicate with the business. By making a reservation through Black’s Pheasant Fields, you enter into a direct and legally binding contractual relationship with Black’s Pheasant Fields. From the point at which you make your reservation, we act solely as an intermediary between you and Black’s Pheasant Fields, transmitting the details of your reservation to Black’s Pheasant Fields and sending you a confirmation email for and on behalf of the business. Your confirmation email is your contract between Black’s Pheasant Fields and yourself.

When rendering our services, the information that we disclose is based on the information provided to us by Black’s Pheasant Fields. As such, Black’s Pheasant Fields is given access to an extranet through which they are fully responsible for updating all property and service description content, rates, availability and other information which is displayed on our Website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors including manifest and typographical errors, any interruptions whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our Website or otherwise, inaccurate, misleading or untrue information or non-delivery of information. Black’s Pheasant Fields remains responsible at all times for the accuracy, completeness, and correctness of the descriptive information including the rates and availability displayed on our Website. Black’s Pheasant Fields does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of Black’s Pheasant Fields. Black’s Pheasant Fields does not guarantee adherence to The Americans with Disabilities Act (ADA) Title III or Website Content Accessibility Guidelines (WCAG) 2.1.

2. Use of the Website

As a condition of your use of this Website, you warrant that:

1. You possess the legal authority to create a binding legal obligation,
2. You will use this Website in accordance with this Agreement,
3. You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
4. All information supplied by you on this Website is true, accurate, current and complete, and
5. If you have an Black’s Pheasant Fields account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our Website for any commercial or competitive activity or purpose.

3. Rates and Lowest Price Promise
All lodging or hunting related rates on the Black’s Pheasant Fields platform/Website are per cabin or per person for your entire stay and are displayed including transient or lodging tax and all other taxes per the property, unless stated otherwise on our Website or in the confirmation email.

4. Privacy
Black’s Pheasant Fields uses high ethical standards and respects your privacy. Except for disclosures required by law in any relevant jurisdiction and the disclosure of your name, email address and your credit card details for completing your reservation with the relevant business of your choice, we will not disclose your personal information to third parties without your consent. Please have a look at our Privacy Policy for further information. All partner businesses are required contractually to maintain the privacy rights of guests and guard their personally identifiable information with strict adherence to hospitality industry legal standards. Black’s Pheasant Fields works in earnest to address the Privacy Rights detailed in The European Union’s General Data Protection Regulation (GDPR) and The State of California’s Privacy Protection Laws on behalf of all of our users.

5. Free of charge
Our service to customers who are looking to discover lodging or hunts is free of charge.

6. Credit Card Security Standards
At this time we do not offer online payment for booked services. You may contact us at 605-881-0393 to pay for your deposit or full booking. We will be adding online payment at a later date. At that time, your credit card information will come directly to Black’s Pheasant Fields at which your booking is made and we may verify (i.e. pre-authorize) your credit card as well. In order to safeguard and encrypt your credit card information when in transit to us, we use Secure Socket Layer (SSL) and Transport Layer Security (TLS) technology provided by industry leader cPanel, Inc. for our services.

In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. Contact us immediately by email at blackspheasantfields@gmail.com. Please state ‘credit card fraud’ in the subject line of your email. This only applies to credit card reservations made using Black’s Pheasant Fields’s secure server and does not cover the unauthorized use of your credit card as a result of your default or negligence and through no fault of our own while using the secure server.

7. Reviews aka Black’s Pheasant Fields
We appreciate the sharing of our community’s insights. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any business reviews aka Black’s Pheasant Field’s, photographs, video, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you (a) grant Black’s Pheasant Fields and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) grant Black’s Pheasant Fields and its affiliates and sub-licensees the right to use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that Black’s Pheasant Fields may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on an Black’s Pheasant Fields review that you submit) at our discretion. You further grant Black’s Pheasant Fields the right to pursue at law any person or entity that violates your or Black’s Pheasant Fields rights in the Submissions by a breach of this Agreement. We take no responsibility and assume no liability for any Submissions posted or submitted by you. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to this Website. You are prohibited from posting or transmitting to or from this Website:

(i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
(ii) any commercial material or content including, but not limited to, solicitation of funds, advertising, or marketing of any goods or services;
(iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary rights of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

You acknowledge that Black’s Pheasant Fields has the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same business, we reserve the right to choose the most eligible submission for use.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Notices with respect to this Website should be sent to:
Black’s Pheasant Fields blackspheasantfields@gmail.com
We will review and address all notices that comply with the requirements above.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

8. Reservation Cancellations
By making a reservation with Black’s Pheasant Fields, you accept and agree to the relevant cancellation and no-show policy of Black’s Pheasant Fields, and to any additional (delivery) terms and conditions of the business that may apply to your reservation or during your stay, including for services rendered and/or products offered by the business (the delivery terms and conditions of a business can be obtained from Black’s Pheasant Fields). The general cancellation and no-show policy of Black’s Pheasant Fields are made available on our Website at the business information pages, during the reservation procedure, and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the details thoroughly for any such conditions prior to making your reservation.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. We recommend that you read the cancellation and no-show policy of the business carefully prior to making your reservation.

9. Copyright and Trademark Notices

All contents of this Website are copyrighted ©2019 Black’s Pheasant Fields, Inc. Black’s Pheasant Fields is not responsible for content on Websites operated by parties other than Black’s Pheasant Fields.

If you are aware of an infringement of our brand, please let us know by emailing us at: blackspheasantfields@gmail.com.

10. Limited Liability Disclaimer
IN NO EVENT WILL THE WEBSITE, OUR PARENT (Black’s Pheasant Fields, Inc.) or any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for:
(i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
(ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the business as made available on our Website(s),
(iii) the services rendered or the products offered by the business,
(iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Website, or
(v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the business (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

11. Software Available On This Website

Please note that all Software, including, without limitation, all HTML code and LAMP controls contained on this Website, is owned by the Black’s Pheasant Fields, Inc. and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

12. Indemnification
You agree to defend and indemnify Black’s Pheasant Fields, Inc., and/or their respective suppliers and/or distributors and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(a) Your breach of this Agreement or the documents referenced herein;
(b) Your violation of any law or the rights of a third party; or
(c) Your use of this Website.

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF Black’s Pheasant Fields, Inc. HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

13. Miscellaneous
Unless stated otherwise, the software required for our services or available at or used by our Website and the intellectual property rights (including the copyrights) of the contents, information, and material on our Website are owned by Black’s Pheasant Fields, Inc., its suppliers or providers.

These terms and conditions and the provision of our services shall be governed by and construed in accordance with United States of America law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the State of South Dakota, United States of America.

Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of these Terms on your personal computer.

No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

Enforcement of These Terms: We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.

14. About Black’s Pheasant Fields
All services are rendered by Black’s Pheasant Fields, Inc., which is a corporation, incorporated under the laws of The State of South Dakota, United States of America and having its corporate offices at (_____________________________________).

Black’s Pheasant Fields has its headquarters in Estelline, South Dakota.

15. Service Help
For answers to your questions or ways to contact us can email us at:
Attn: Customer Service Black’s Pheasant Fields
blackspheasantfields@gmail

Revised and Effective as of 7/11/2019.
© 2019 Black’s Pheasant Fields, Inc.