Terms of service

You should review the Newfields' Privacy Policy for this Website, which is incorporated by reference into these Terms. Certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, You acknowledge that You have read these privacy policies. 
 

Because the Services are hosted by Shopify, Shopify collects and processes personal information about Your access to and use of the Services in order to provide and improve the Services. Information You submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide the Services to You.  

 Access and Account 

By agreeing to these Terms, You represent that you are at least the age of majority in your state or province of residence, and You have given Your consent to allow any of Your minor dependents to use the Services on devices You own, purchase, or manage. 

To use the Services, including accessing or browsing Newfields’ online Shop or purchasing any of the products or services offered, Tou may be asked to provide certain information, such as Your email address, billing, payment, and shipping information. You represent and warrant that all the information You provide is correct, current, and complete and that You have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of Your account activity. You may not transfer, sell, assign, or license Your account to any other person. 

Our Products 

Newfields has made every effort to provide an accurate representation of the products and services in Newfields’ online Shop. However, please note that colors or product appearance may differ from how they may appear on Your screen due to the type of device You use to access the store and your device settings and configuration. Newfields does not warrant that the appearance or quality of any products or services purchased by You will meet your expectations or be the same as depicted or rendered in Newfields’ online Shop.  
 
All descriptions of products are subject to change at any time without notice at Newfields’ sole discretion. Newfields reserves the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region or jurisdiction, on a case-by-case basis. 

Orders 

When you place an order, You are making an offer to purchase. Newfields reserves the right to accept or decline Your order for any reason at its discretion. Your order is not accepted until Newfields confirms acceptance. Newfields must receive and process Your payment before Your order is accepted. Please review Your order carefully before submitting, as Newfields may be unable to accommodate cancellation requests after an order is accepted. In the event that Newfields does not accept, makes a change to, or cancels an order, Newfields will attempt to notify You by contacting the email, billing address, and/or phone number provided at the time the order was made.  

Your purchases are subject to return or exchange solely in accordance with Newfields’ Return Policies.  

You represent and warrant that Your purchases are for Your own personal or household use and not for commercial resale or export. 

Prices and Billing 

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in Tour order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in Newfields’ online Shop may be different from prices offered in physical stores or in other online or physical stores operated by third parties. Newfields may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made from Newfields. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that Newfields can complete your transactions and contact You as needed. 

You represent and warrant that (i) the credit card information You provide is true, correct, and complete, (ii) You are duly authorized to use such credit card for the purchase, (iii) charges incurred by You will be honored by Your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including shipping and handling charges and all applicable taxes, if any. 

Shipping and Delivery 

Newfields is not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. Newfields is not responsible for delays caused by shipping carriers, customs processing, or events outside of Newfields’ control. Once Newfields transfer products to the carrier, title and risk of loss passes to You. 

Feedback  

If You submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), You grant Newfields a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. Newfields may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms. 

You also represent and warrant that: (i) You own or have all necessary rights to all Feedback; (ii) You have disclosed any compensation or incentives received in connection with Your submission of Feedback; and (iii) Your Feedback will comply with these Terms. Newfields is and will be under no obligation (1) to maintain Your Feedback in confidence; (2) to pay compensation for Your Feedback; or (3) to respond to Your Feedback. 

Newfields may, but has no obligation to, monitor, edit, or remove Feedback that Newfields determine in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property rights or these Terms. 

You agree that Your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Newfields or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback You make and its accuracy. Newfields takes no responsibility and assumes no liability for any Feedback posted by You or any third-party.  

Prohibited Conduct 

Copyright Infringement Notifications should be submitted to: 

Legal Affairs and Intellectual Property Department 

Newfields 

4000 Michigan Road 

Indianapolis, IN 46208

Telephone: 317-923-1331 

Email: permissions@discovernewfields.org 

Trademark 
Some of the names, titles, trademarks, service marks, and logos that appear on the Website are registered or unregistered (common law) marks of Newfields. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use Newfields’ trademarks, including, but not limited to, the names “Newfields,” “Indianapolis Museum of Art,” “IMA,” “Lilly House,” “Miller House and Garden,” and “The Virginia B. Fairbanks Art & Nature Park,” for any purpose without the prior review and written permission from Newfields, except to comply with these Terms. Any unauthorized use of Newfields’ trademarks is strictly prohibited. 

Registered and unregistered (common law) trademarks owned by third parties may also appear on the Website from time to time. You have no right to use any third-party trademarks appearing on the Website without the permission of the trademark owner, except to comply with these Terms.  

 
Optional Tools 

You may be provided with access to customer tools offered by third parties as part of the Services, which Newfields neither monitors nor has any control nor input. You acknowledge and agree that Newfields provides access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Newfields will have no liability whatsoever arising from or relating to Your use of optional third-party tools. 
 

Any use by You of the optional tools offered through the Website is entirely at Your own risk and discretion, and You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Newfields may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be deemed part of the Services and are subject to these Terms. 

Third Party Content and Links 

Newfields is not the publisher or speaker of any information on the Website that is provided by a third party or by You, and Newfields is not liable for any claims related to that information. Additionally, the Website may contain hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). Any mention on the Website of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Newfields. Newfields assumes no responsibility for those products or services, including examining or evaluating or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. 

NEWFIELDS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU VIA THIS WEBSITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS WEBSITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER WEBSITE. ADDITIONALLY, NEWFIELDS DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE THAT CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS WEBSITE. 

Relationship with Spotify 

The Website is powered by Shopify, which enables Newfields to provide the Services to You. However, any sales and purchases You make on our Website are made directly with Newfields. By using the Services, You acknowledge and agree that Shopify is not responsible for any aspect of any sales between You and Newfields, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to Your purchases and transactions with Newfields. 

Security 

You are prohibited from violating or attempting to violate the security of the Website. Newfields will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. 

Website Availability 

Newfields cannot guarantee the Website will be available one hundred percent (100%) of the time because public networks, such as the internet, occasionally experience disruptions. Although Newfields strives to provide the most reliable website reasonably possible, interruptions and delays in accessing the Website are unavoidable and Newfields disclaims any liability for damages resulting from such problems. 

Typographical Errors

Information on the Website may contain technical inaccuracies and/or typographical errors. Newfields attempts to make the Website’s postings as accurate as possible, but Newfields does not warrant the content of the Website is accurate, complete, reliable, current, or error-free.  

Disclaimer and Limitation of Liability 

Although Newfields has attempted to provide accurate information on the Website, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein. YOUR ACCESS OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER NEWFIELDS NOR ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSION OF NEWFIELDS, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT, OR ANY OTHER MEANS. NEWFIELDS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, NEGLIGENT ACTIONS, OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS WEBSITE. IN NO EVENT WILL NEWFIELDS OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, OR EMPLOYEES BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITE. IN NO EVENT WILL NEWFIELDS OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. 

Release and Indemnification 

You hereby release Newfields, its officers, directors, trustees, governors, agents, vendors, employees, volunteers, and independent contractors (the “Released Parties”) from any and all loss, claims, demands, damages, or liability sustained or incurred during and related to Your use of the Website except to the extent caused by the gross negligence or willful act(s) of the Released Parties. You understand that you may not rely on any other statements by Newfields or Newfields’ Representatives with respect to this release. 

Furthermore, You agree to indemnify and hold harmless the Released Parties from and against any and all liabilities, obligations, damages, claims, actions, proceedings, losses, costs, and expenses (including reasonable attorneys' fees) actually or allegedly arising out of, connected with, or resulting from Your use of the Website. This agreement to indemnify applies even if the act or omission complained of was allegedly caused in whole or in part by the acts, omissions, or negligence in any form of the Released Parties, but not if actually caused by the gross negligence or willful acts of the Released Parties.  

Termination 

Newfields may terminate these Terms at its discretion. In addition to Newfields’ other rights, Newfields may terminate Your access to this Website or cancel any Service that Newfields provides, if You breach the Terms in any way or engage in conduct that Newfields deems inappropriate. In the event of termination of these Terms, the provisions in this paragraph and the provisions found under the section titles “Prohibited Conduct,” “Disclaimer and Limitation of Liability,” “Third Party Content,” “Indemnification,” “Security,” and “Miscellaneous” will survive. 

Miscellaneous 

These Terms constitute the entire agreement between Newfields, Inc. and You regarding the subject matter hereof. Any previous agreement, whether oral or written, between Newfields and You dealing with the subject matter hereof is superseded. If any portion of these Terms is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon Your breach of these Terms, Newfields may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Newfields’ remedies are cumulative and not exclusive. Failure of Newfields to exercise any remedy or enforce any portion of these Terms at any time will not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Newfields makes no representation that the content of the Website is appropriate or available for use in all locations. Users of this Website are responsible for compliance with all applicable laws. Any dispute arising out of this Agreement will be governed by the laws of the State of Indiana, U.S.A., notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Marion County, State of Indiana, U.S.A., and You consent to the exclusive jurisdiction and venue in such courts for such purpose. 

Reviewed and Revised December 2025