Terms of Use

1Acceptance of These Terms

These Terms of Use (“Terms”) govern your access to and use of marfafieldguide.com and its related pages, features, itineraries, calendars, directories, forms, emails, and content, collectively referred to as the “Site.”

The Site is a free informational project operated under the name Marfa Field Guide (“Marfa Field Guide,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Site.

If you use the itinerary builder or another feature that asks for affirmative acceptance, you must check the acceptance box before using that feature. Electronic acceptance has the same effect as written acceptance to the extent permitted by law.

2Who Operates the Site

The Site is operated by [INSERT LEGAL NAME OF SITE OPERATOR], operating under the name Marfa Field Guide.

Questions about the Site or these Terms may be sent to hello@marfafieldguide.com.

3A Free Informational Guide

Marfa Field Guide is a free community and visitor-information resource. We do not sell tickets, accept reservations, process payments, provide emergency services, or operate the businesses, venues, events, accommodations, transportation services, or other third parties described on the Site.

We do not accept advertising, paid listings, affiliate compensation, or payment in exchange for inclusion or placement. A listing, itinerary suggestion, link, or editorial mention does not create a partnership, agency relationship, sponsorship, certification, or guarantee of quality.

4Information Changes Quickly

Marfa is small, remote, and operates on its own clock. Business hours, service times, prices, menus, inventory, reservations, ticket availability, event details, road conditions, weather, closures, and other information can change at any time, sometimes without notice.

Holidays and major event weekends can bring long waits, limited service, sold-out experiences, altered hours, or unexpected closures.

We make reasonable efforts to present useful information, but we do not promise that any information is complete, current, accurate, or suitable for your plans.

Before making a special trip or relying on a meal, event, pharmacy, grocery store, transportation option, or other essential service, contact the relevant business or provider directly and make any required reservation yourself.

5Itineraries Are Suggestions, Not Reservations

The itinerary builder creates planning suggestions from the information and preferences available at the time.

An itinerary is not a reservation, ticket, confirmation, professional travel service, guarantee of admission, or guarantee that a business will be open or serving when you arrive.

You are responsible for confirming hours, event times, availability, accessibility, age requirements, prices, tickets, reservations, travel times, road conditions, and the suitability of each stop.

You are also responsible for changing or abandoning a plan when conditions require it.

6Arrival Times, Time Zones, and Essential Services

Unless the Site expressly says otherwise, times shown for Marfa are in Central Time. El Paso is in Mountain Time. When traveling east from El Paso to Marfa, the local clock generally moves forward one hour.

You are responsible for accounting for time-zone changes and confirming the correct local time.

Marfa does not have dependable late-night options for food, groceries, pharmacies, transportation, or other essential services.

The Site is not an emergency resource. Plan ahead, carry essential medications and supplies, and use official emergency services when necessary. In an emergency, call 911.

7Third-Party Businesses, Links, and Embedded Content

The Site contains information about and links to independent third parties. It may also display embedded content, including a Marfa Public Radio audio player.

Third-party websites and services have their own terms, privacy practices, accessibility, availability, and security. We do not control and are not responsible for third-party content, services, transactions, decisions, acts, omissions, or data practices.

Your dealings with a third party are solely between you and that third party. Review the third party’s current information and policies before relying on it or providing personal information.

8Event and Correction Submissions

You may submit an event, correction, or other message through the Site.

By submitting content, you represent that the information is accurate to the best of your knowledge, that you have the right to provide it, and that it does not violate another person’s rights or applicable law.

You grant us a nonexclusive, worldwide, royalty-free license to review, reproduce, edit, format, publish, remove, and otherwise use submitted event or correction content for operating and improving the Site.

This license does not give us ownership of your original content. We may decline, edit, delay, or remove a submission at our discretion. Submission does not guarantee publication.

Do not submit confidential information, financial information, health information, government identification numbers, passwords, or other sensitive personal information through Site forms.

9Plan an Event Inquiries

The Plan an Event page allows visitors to inquire about separate freelance event-planning services.

Those services are not provided by the free Field Guide itself. A planning inquiry may be reviewed and answered by the Site operator and the operator’s separately owned event-planning company, [INSERT EVENT-PLANNING LLC LEGAL NAME].

Submitting an inquiry does not create a planner-client relationship, fiduciary relationship, agency relationship, reservation, or obligation to provide services.

Any event-planning work will require a separate written agreement identifying the service provider, scope, fees, insurance, payment terms, cancellation terms, and other applicable conditions.

If a separate agreement conflicts with these Terms regarding paid event-planning services, the separate agreement controls for those services.

10Newsletter

You may voluntarily subscribe to the Marfa Field Guide email list.

Newsletter subscription is separate from submitting an event, correction, contact message, or planning inquiry. We will not add you to the newsletter merely because you contact us.

You may unsubscribe at any time using the link included in each marketing email.

11Intellectual Property

The Site’s original text, design, graphics, logos, organization, selection, compilation, and other content are owned by or licensed to Marfa Field Guide and are protected by applicable intellectual-property laws.

Third-party names, marks, images, and content remain the property of their respective owners.

You may use the Site for personal, noncommercial trip planning and may print or share an itinerary using the Site’s built-in tools.

You may not copy, republish, sell, license, scrape, harvest, frame, create a competing directory from, or commercially exploit a substantial portion of the Site without prior written permission.

12Acceptable Use

You agree not to:

• Use the Site for unlawful, fraudulent, deceptive, harassing, or abusive activity.
• Submit false, misleading, defamatory, infringing, confidential, malicious, or unlawful material.
• Attempt to gain unauthorized access to the Site, its forms, systems, or other users’ information.
• Interfere with the Site’s security, availability, or operation.
• Use automated tools to extract substantial Site content or overload the Site, except for ordinary search-engine indexing.
• Impersonate another person or falsely claim authority to submit information on behalf of a business or event.
• Transmit malware, harmful code, or unsolicited marketing.

13Site Availability and Changes

We may correct, update, suspend, limit, or discontinue any part of the Site at any time.

We do not guarantee uninterrupted or error-free operation, preservation of an itinerary, or continued availability of any listing, feature, or shared link.

Keep your own copy of information that is important to you.

14Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, LISTINGS, ITINERARIES, LINKS, AND FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DISCLAIM WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY BUSINESS, EVENT, SERVICE, ROAD, VENUE, ESSENTIAL SERVICE, OR THIRD-PARTY OFFERING WILL BE AVAILABLE, SAFE, ACCESSIBLE, OR SUITABLE FOR YOU.

15Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARFA FIELD GUIDE, ITS OPERATOR, CONTRIBUTORS, CONTRACTORS, AND AFFILIATED BUSINESSES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS INCLUDES LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, PERSONAL EXPENSES, DELAYS, INCONVENIENCE, OR LOSSES ARISING FROM OR RELATED TO THE SITE, AN ITINERARY, A CLOSURE, A CANCELLATION, A THIRD PARTY, OR RELIANCE ON SITE INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF MARFA FIELD GUIDE AND ITS OPERATOR FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain exclusions or limitations, so some provisions may not apply to you.

16Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Marfa Field Guide, its operator, contributors, contractors, and affiliates from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from your unlawful use of the Site, your violation of these Terms, your submission, or your infringement or violation of another person’s rights.

This section does not require indemnification for a matter caused solely by a protected party’s own unlawful conduct.

17Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Subject to applicable law, any court proceeding arising from these Terms or the Site must be brought in a state or federal court with jurisdiction over Presidio County, Texas, and you consent to that venue and jurisdiction.

18Changes to These Terms

We may update these Terms when the Site, our practices, or applicable law changes.

The revised version will be posted with a new effective date. Your continued use after the effective date of revised Terms constitutes acceptance of those revised Terms, except where applicable law requires additional notice or consent.

19General Provisions

If a provision of these Terms is found unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will remain in effect.

Our failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without our written consent.

These Terms and the Privacy Policy constitute the entire agreement regarding use of the free Site, except for any separate written agreement covering freelance event-planning services.

20Contact

Questions about these Terms may be sent to hello@marfafieldguide.com.