THE HIGHPOINT HOTEL WEBSITE TERMS & CONDITIONS

Last Updated: January 29, 2026


I. WHAT YOU AGREE TO BY USING THIS WEBSITE – PLEASE READ CAREFULLY

These Terms & Conditions (“Agreement”) govern your use of this website, thehighpointhotel.com, (the “Site”), operated by The Highpoint Hotel (“Hotel”, “we”, “us”, or “our”), a hospitality facility located within the Sanford Orthopedic Hospital (“Hospital”) in Sioux Falls, South Dakota and you, on behalf of yourself and the buyer, purchaser or supplier for which you have registered (“you”). By accessing, viewing, transmitting, storing, or otherwise using the Site or any services offered through it, you agree to all terms contained in this Agreement.

If you do not agree to these terms and conditions, please discontinue use of the Site immediately.

We may modify or update this Agreement at any time, without prior notice. Changes become effective when posted. Continued use of the Site constitutes acceptance of the revised Agreement.


II. ELIGIBILITY

The Site is available only to individuals and entities who can enter legally binding contracts under applicable law. You warrant that you are 18 years or older. If you are under 18, please contact the Hotel directly for assistance.

By using this Site, you represent that you are authorized to make reservations or purchases for yourself or for another person for whom you are legally permitted to act. You agree to use the Site solely for legitimate reservations and not for speculative, fraudulent, or false bookings.

All reservations made through this Site are subject to confirmation by the Hotel. We reserve the right to cancel or modify any reservation if we determine that you have engaged in fraudulent or improper conduct, or if the reservation appears to contain an error, was made by mistake, or was created in an effort to bypass our policies, terms, or conditions.


III. PERMITTED USE OF THE SITE

While accessing the Site, you may not: (1) deep‑link, scrape, harvest, or copy Site content; (2) use bots, spiders, or other automated devices to access or manipulate reservations; (3) interfere with or circumvent Site security features; or (4) misuse the Site in any way that violates local, state, or federal law.

The information and other material on the Site is copyrighted by the Hotel, or by other information providers who have licensed their content for electronic publication by the Hotel. It is protected by international copyright and trademark laws. You have permission to download information from this site for your personal, non-commercial use, provided that you agree to keep intact all copyright and other proprietary notices. Aside from downloading information for your personal, non-commercial use, you may not reproduce, republish or redistribute material from the Site without express written consent of the Hotel or of the copyright holder, if the copyright holder is not the Hotel.


IV. RESERVATIONS, PAYMENTS & MODIFICATIONS

A valid payment method may be required to guarantee reservations. Rates may include applicable taxes, assessments, and fees. A credit/debit card authorization may be taken at check-in for incidentals and damages. Cancellations are governed by this Agreement and the policies of the Hotel. Some reservations may be non‑refundable. Excessive, speculative, or misleading bookings may result in loss of access to reservation features and future reservations. If you book through a third-party, their terms and conditions may also apply, in case of conflict, the more restrictive terms apply to that booking.


V. SPECIAL CONDITIONS

Because the Hotel is located within the Hospital, additional operational, safety, and compliance requirements apply.

The Hotel does not provide medical care, nursing, or clinical monitoring. No provider‑patient relationship is created through use of the Site or by staying at the Hotel. Guests using personal medical devices (e.g., oxygen, CPAP, insulin pumps) are responsible for device operation, supplies, and safe storage. We do not supply or maintain medical equipment. The Hotel may decline items that pose safety risks. If you experience a medical emergency, call 911. Hospital staff are not assigned to hotel operations.

Guests must follow Hospital infection‑control policies, which may include: (1) masking during infectious disease outbreaks; (2) use of designated entrances; and (3) compliance with visitor restriction policies.

The Hotel may coordinate with Hospital Public Safety and may use CCTV in public areas consistent with Hospital policy. No disruptive behavior, harassment, threats, or interference with Hospital operations is allowed.

Weapons, illegal drugs, hazardous materials, open flames, fireworks, cooking appliances, and tampering with life-safety equipment are strictly prohibited. Smoking, vaping, and e-cigarettes are prohibited. Pets are not permitted, except for service animals as defined by law. Service animals must remain under handler control at all times.

Hospital operations may require temporary relocation of guests, suspension of amenities, or room prioritization during emergencies or clinical surges.


VI. INFORMATION PROVIDED BY YOU

By using the Site, you also agree that you will not upload any copyrighted material to this Site without the written consent of the copyright holder. You agree that you will not use language that is unlawful, threatening, abusive, discourteous, criminal, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent. You agree that you will not post or transmit information or materials that would violate rights of any third party or which contain a virus or other harmful component. The Hotel is not obligated to monitor chat rooms or bulletin boards, but reserves the right to remove or edit any messages or material submitted by you or anyone else. The Hotel is not responsible for material submitted to the site, or posted in chat rooms or bulletin boards by you or anyone else. By communicating with the Hotel, however, you grant the Hotel permission to use any information, suggestions, ideas, drawings or concepts that you communicate without any compensation to you whatsoever.


VII. PRIVACY & DATA HANDLING

Your use of the Site is governed by our Privacy Statement.

Hotel Wi-Fi is provided “as is.” No unlawful, infringing, or disruptive use. Do not access Hospital networks, devices, or systems without express authorization.

Because the Hotel is not a healthcare provider, it is not a HIPAA‑covered entity. Do not upload clinical records or protected health information (PHI) through the Site.


VIII. LINKS TO AND/OR FROM THIRD‑PARTY SITES

The Site may link to or from a third‑party website for reservations, payments, mapping, or other services. These links are not under the control of the Hotel, and the Hotel is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such site. The Hotel is not responsible for any webcasting or any other form of transmission received from any linked site. The Hotel provides these links merely as a convenience to you. The inclusion of any linked site on or to the Site does not imply endorsement by the Hotel of the site or the information, products or services contained on it.


IX. NO WARRANTIES

While the Hotel and the other parties which provide content for this site try to keep the information as accurate as possible, the Hotel disclaims any implied warranty or representation about its accuracy, completeness, or appropriateness for a particular purpose. Information on this site may be changed or updated without notice. Information may be out of date at any given time since the Hotel has no obligation to update information on this site. You assume full responsibility for using the information on this site, and you understand and agree that the Hotel is neither responsible nor liable for any claim, loss, or damage resulting from use of this site. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE HOTEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF NONINFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SANFORD SITE, OR WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, THE HOTEL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL THE HOTEL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE.

IN NO EVENT SHALL THE HOTEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, OR SITES ACCESSED THROUGH THIS SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.


X. INDEMNIFICATION

To the fullest extent permitted by law, you shall fully defend, indemnify and hold harmless the Hotel, the Hospital, its subsidiaries, affiliates, and its and their employees, officers, directors, agents, predecessors and successors in interest from and against any and all actions, claims, demands, liabilities, damages, losses, costs and expenses, without limitation, including but not limited to attorneys’ fees and costs which involved or relate to: (1) your use of the Site; (2) your breach of this Agreement; (3) your violation of any law or third-party rights; and (4) your negligence or willful misconduct.


XI. DIGITAL SIGNATURE

You affirm that you have the legal authority to accept this Agreement both for yourself and for any purchaser, buyer, or supplier you represent. You also acknowledge that your use of the Site serves as your electronic signature under E‑SIGN and UETA, and that by doing so, you have validly entered into and authenticated this Agreement. You further agree that this Agreement constitutes an enforceable electronic record under all applicable electronic‑transaction laws and is fully binding on you and any party on whose behalf you act.


XII. GENERAL PROVISIONS

The Hotel cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses or code that could cause damage to your computer and the information and files contained within your computer. If you use this Site, you are responsible for taking steps necessary to protect your computer and the information on it, and for maintaining a means external to the Site for the reconstruction of any lost data.

THE SITE IS NOT INTENDED TO CONSTITUTE THE DOING OF BUSINESS IN ANY JURISDICTION, NOR TO BE A SOLICITATION OF BUSINESS ANYWHERE ON BEHALF OF THE HOTEL OR ANY OF ITS AFFILIATED CORPORATIONS. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything in the Site inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.