Terms of Use and Privacy Policy - The Montana Club Restaurant

Montana Club Terms of Use and Privacy Policy

TERMS OF USE and Privacy Policy

Acceptance Terms of Use

These Terms of Use govern your use of The Montana Club and its affiliates (“The Montana Club”) Web site. By using, visiting, or browsing The The Montana Club Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use The Montana Club Web site. These Terms of Use are an ongoing contract between you and The Montana Club and apply to your use of The Montana Club Web site. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

The Montana Club reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the The Montana Club Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of The Montana Club Web site after changes are made means that you agree to be bound by such changes.

Privacy and Personal Information

The Montana Club is committed to protecting the privacy of the personal information you provide us on our Web site. Any information submitted on The Montana Club Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

Your Account

If you use The Montana Club Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Montana Club Web site sells products to adults, who can purchase with a credit card. If you are under 18, you may use The Montana Club Web site only with involvement of a parent or guardian. The Montana Club and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the montanaclub.com domain name, “The Montana Club Website” or the “Website”) operated by Food and Fun, Inc. (“The Montana Club”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF THE MONTANA CLUB PRIVACY NOTICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use The Montana Club Web site.

The Montana Club Website

These Terms of Service apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by The Montana Club. The Montana Club has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, The Montana Club will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve The Montana Club from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

Website Access

The Montana Club hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without The Montana Club prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Montana Club immediately of any breach of security or unauthorized use of your account. Although The Montana Club will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Montana Club or others due to such unauthorized use.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to The Montana Club servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, The Montana Club grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Montana Club reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

Intellectual Property Rights

The content on The Montana Club Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to The Montana Club, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Montana Club reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE MONTANA CLUB WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MONTANA CLUB , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE MONTANA CLUB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MONTANA CLUB WEBSITE. THE MONTANA CLUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MONTANA CLUB WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE MONTANA CLUB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL THE MONTANA CLUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MONTANA CLUB WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE MONTANA CLUB SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by The Montana Club from its facilities in the United States of America. The Montana Club makes no representations that The Montana Club is appropriate or available for use in other locations. Those who access or use The Montana Club from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless The Montana Club, its parent corporations, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

Ability to accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Montana Club Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Montana Club Website – there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Montana Club without restriction.

The Montana Club Intellectual Property

This web site contains many valuable trademarks owned and used by Food and Fun, Inc., and its subsidiaries and affiliates.. These trademarks are used to distinguish The Montana Club quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the express written permission of Food and Fun, Inc.

The text, graphics and html code contained in this web site are the exclusive property of The Montana Club. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior written permission of The Montana Club.

The Montana Club web site may link to sites not maintained by or related to The Montana Club. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this web site or The Montana Club. The Montana Club has not reviewed the sites hyper-linked to or from this web site and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. The Montana Club makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this web site. Furthermore, The Montana Club does not implicitly endorse third-party sites hyper-linked to this web site.

General

You agree that: (i) The Montana Club Website shall be deemed solely based in Montana; and (ii) The Montana Club Website shall be deemed a passive website that does not give rise to personal jurisdiction over The Montana Club, either specific or general, in jurisdictions other than Montana. These Terms of Service shall be governed by the internal substantive laws of the State of Montana, without respect to its conflict of laws principles. Any claim or dispute between you and The Montana Club that arises in whole or in part from The Montana Club Website shall be decided exclusively by a court of competent jurisdiction located in Missoula County, Montana. These Terms of Service, together with The Montana Club Website Privacy Notice and any other legal notices published by The Montana Club on the Website, shall constitute the entire agreement between you and The Montana Club concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the failure by The Montana Club to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Montana Club reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of The Montana Club Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE MONTANA CLUB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MONTANA CLUB WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

PRIVACY POLICY

Safeguarding your privacy and the security of your personal information is important to us. Please take a few minutes to read the following policy so that you understand how we treat your personal information. As we continuously improve and expand our services, this policy might change, so please check it periodically. If you have questions about our privacy policy, please use the form on our contact page.

Purpose

The Montana Club has adopted this Privacy Policy in order to inform you of its policies with respect to information collected from the online and mobile web site (collectively, the “Web Sites”) and our tablet and smartphone applications (the “Application” or collectively the “Applications”). Your use of the Web Sites or Applications constitutes your acceptance of this Privacy Policy and your consent to the practices it describes.

Personally Identifiable Information

Personally Identifiable Information is any information that concerns you individually and would permit someone to contact you, for example, your name, address, telephone/fax number, email address or any information you submit to montanaclub.com or the Applications that identifies you individually.

The Web Sites or the Applications will not collect any personally identifiable information about you unless you provide it.

Therefore, if you do not want us to obtain any personally identifiable information about you, please do not submit it to us.

You can visit and browse The Montana Club Web Sites and the Applications without revealing personally identifiable information about yourself, but not all functions will be available to you. You may also choose to disclose personally identifiable information about yourself, which may be maintained as described below. The Web Sites and the Applications may collect personally identifiable information about you by methods such as the following:

Registration Forms – If you are offered the opportunity to enter a promotion, to become a registered user of montanaclub.com, or to opt-in to receive The Montana Club information through another site or the Applications, you must apply by filling out the registration form on the site or the Application. This form requires certain personally identifiable information that may include, without limitation, your name, email address, postal address, telephone number, areas of interest, product usage, credit/debit card number(s) with associated expiration date(s), CVV and billing zip code(s), and/or a unique individual password.

Transactions and Activity – If you become a registered user or if you conduct transactions through the Web Sites or an Application, we will collect information about the transactions you engage in while on the Web Sites or Application and your other activity on the site or Application. This information may include, without limitation, areas of the Web Sites or Application that you visit, transaction type, content that you view, download or submit, transaction amount, payment, and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business.

Email and other voluntary communications – You may also choose to communicate with us through email, via our Web Sites, via the Applications, by telephone, in writing, or through other means. We collect the information in these communications, and such information may be personally identifiable.

Non-Personally Identifiable Information

When you visit The Montana Club Web Sites and Applications, like when you visit most other web sites and applications, certain anonymous information about your visit is automatically logged, which may include information about the type of browser you use, the server name and IP address through which you access the internet (which identifies the company providing you internet access and general geographic information), the date and time you access the site, the pages you access while at The Montana Club Web Sites, and the internet address of the web sites, if any, from which you linked directly to the Montana Club site or Application. This information is not personally identifiable.

Information Use

Montana Club may use the personally identifiable information collected through its Web Sites or Applications primarily for such purposes as:

helping to establish and verify the identity of users;

opening, maintaining, administering and servicing users’ accounts or memberships;

processing, servicing or enforcing transactions and sending related communications;

providing services and support to users;

improving the Web Sites, including tailoring it to users’ preferences;

providing users with product or service updates, promotional notices and offers, and other information about Montana Club and its affiliates;

responding to your questions inquiries, comments and instructions;

protecting our systems from fraud and unlawful access;

maintaining the security and integrity of its systems.

Montana Club uses the anonymous browsing information collected automatically by its servers primarily to help it administer and improve its Web Sites and Applications. Montana Club may also use aggregated anonymous information to provide information about its Web Sites and Applications to potential business partners and other unaffiliated entities. Again, this information is not personally identifiable.

Disclosure of Information

Montana Club does not provide personally identifiable information to unaffiliated third parties for their use in marketing directly to you. Montana Club may use unaffiliated companies to help it maintain and operate its Web Sites, Applications, payment processing, or for other reasons related to the operation of its business, and those companies may receive your personally identifiable information for that purpose. These companies may only use such personally identifiable information for the purpose or performing those functions and may not use it for any other purpose. Montana Club may also disclose personally identifiable information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by law.

Children’s Privacy

The Web Sites and Applications are directed toward and designed for use by persons aged 13 or older. Montana Club will not approve applications of, or establish or maintain registrations for any child whom Montana Club knows to be under the age of 13. Montana Club does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Montana Club nevertheless discovers that it has received personally identifiable information from an individual who indicates that he or she is, or whom Montana Club otherwise has reason to believe is, under the age of 13, Montana Club will delete such information from its systems. Additionally, a child’s parent or legal guardian may request that the child’s information be corrected or deleted from our files by requesting this via our Contact page.

“Cookies” and Advertisers

The Montana Club Web Sites’ and Applications’ server, or the servers of companies that are used to operate the Web Sites and Applications, may place a “cookie” on your computer or store data in your computer browser in order to allow you to use the Web Sites and Applications and to personalize your experience. A “cookie” is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer’s hard drive. Cookies and browser storage allow us to recognize your computer while you are on our Web Sites and Applications and help customize your online experience and make it more convenient for you. Cookies and browser storage are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies and browser storage may also be used to improve the functionality of the Web Sites and Applications.

Most web browser applications (such as Microsoft Internet Explorer, Google Chrome, Firefox and Apple Safari) have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of the Web Sites.

We use Google Adwords remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out here or see the Network Advertising Initiative opt-out page.

External Links

The Montana Club Web Sites and Applications may contain links to other web sites not maintained or related to Montana Club. These links are provided as a service to users and are not sponsored by or affiliated with the Web Sites, Applications, or The Montana Club . The Montana Club has not reviewed any or all of the sites hyper-linked to or from the Web Sites or Applications and is not responsible for the content or privacy practices of other web sites. The links are accessed at the user’s own risk, and The Montana Club makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to the Web Sites or Applications. Web sites that are accessible by hyperlinks from the The Montana Club Web Sites or Applications may use cookies. The Montana Club encourages you to read the privacy statements provided by other web sites before you provide personally identifiable information to them. The Montana Club does not implicitly endorse third-party sites hyper-linked to the Web Sites or Applications.

Security

The Montana Club maintains physical, electronic, and procedural safeguards to help guard personally identifiable information. If transactions are offered on the Web Sites or Applications, transaction information is transmitted to and from The Montana Club in encrypted form using industry-standard Secure Sockets Layer (SSL) connections to help protect such information from interception. The Montana Club restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. Credit/debit card number(s) you elect to provide on file as part of your online profile for use when placing an order through the Montana Club Web Sites or Applications will be tokenized and maintained in an encrypted format by a third party provider to further lower any risk. It is your responsibility to protect the integrity of your own account by keeping your account name and password safe. Please be aware, however, that any email or other transmission you send through the internet cannot be completely protected against unauthorized interception.

Choice/Opt-Out

In order to provide service to you, we may send you communications related to your transactions, security or the administration of the Web Sites or Applications. From time to time, The Montana Club and its affiliates may also wish to send you other messages or updates about our Web Sites, Applications, The Montana Club, our affiliates, or their promotions and other activities. If you do not wish to receive non-transaction/security related communications from The Montana Club and its affiliates, please send an email containing your request via our Contact page.

Changes to this Privacy Policy

The Montana Club reserves the right to modify or supplement this policy at any time. If a material change to the terms of this policy is made, The Montana Club’s will post a notice on its homepage and a link to the new policy.

Contacting Us

If you have questions about this privacy statement, the information practices of The Montana Club or your dealings with our Web Sites or Applications, please use our Contact page.

Montana Club Gift Card Policy

GIFT CARDS

Congratulations on the purchase or receipt of a Montana Club Gift Card (“Card”). The following terms of use govern your use of the Card. By your purchase and/or use of the Card, you are agreeing to these terms and conditions. Food and Fun. and their respective parents, affiliates, successors and assigns are collectively referred to herein as “Montana Club.” The Card can only be used at participating MT Club stores in the United States and for online purchases via www.montanaclub.com. The Card is a prepaid payment product. It is not a credit card, charge card or debit card. The value of the funds that are loaded onto the Card and are available for spending is referred to herein as the “Available Funds.” As you use the Card, the Card’s Available Funds will be reduced by the full amount of each purchase including taxes, delivery or other charges, if any.

Purchasing a Card

Cards may be purchased at select retail locations, if available, or at www.montanaclub.com. If you purchase a Card at www.montanaclub.com, the Card will be mailed to you via U.S. mail to the address provided at time of purchase.

Before Using the Card

Each Card has a maximum Available Funds limit of $100.00. We suggest that you write down the Card number and the customer service number on a separate piece of paper, and print, if necessary, and retain the receipt for the Card. Lost, stolen, or destroyed cards will only be replaced if there is a balance on the card and proof of purchase is provided. Please see the section below entitled “Refunds and Replacements” for complete details.

Using the Card

To use the Card at a participating Montana Club, simply present the card to the customer service representative at payment for dine in or for carry out purchases, present the Card at the time of placing your order. You can locate a participating Montana Club by visiting www.montanaclub.com. You may wish to retain your receipts as a record of the transaction. The Card can be used to pay the full amount of the merchandise so long as the Available Funds on the Card are sufficient. The Card cannot be used to purchase gift cards. The Available Funds cannot be redeemed for cash, unless required by law. If you want to make a purchase for an amount greater than the Available Funds on the Card, you may use the Available Funds on your Card to pay part of the total purchase cost and then pay the remaining balance of the purchase cost with another form of payment accepted by the Montana Club. Some Montana Club locations may only be able to allow a split tender transaction (i.e., use of two forms of payment) if the second form of payment is cash, credit card or check. If you plan to use another form of payment to pay for a part of the total purchase cost, please check the specific Montana Club locations’s policy prior to initiating the transaction. You agree:

That Montana Club or their vendor(s) are authorized to deduct the amount of your purchases, together with any other fees, taxes, or charges from the Available Funds on your Card whenever you use your Card to make a purchase.
To track your spending, added value, and to not use the Card for any amount that exceeds the Available Funds.
Not to use the Card at any locations other than participating Montana Clubs located in the United States.
Not to use the Card for any illegal purposes.
To keep the Card securely and treat it like cash.
To notify us at once if the Card is lost or stolen. If your Card is lost or stolen you can only obtain a refund for the Available Funds remaining on the Card as of the time you notify us of the loss. See the section entitled “Refunds and Replacements” below for complete details. Please note that purchases made with Cards are similar to those made with cash. You cannot “stop payment” or lodge a “billing dispute” on such transactions.
Any problems or disputes you may have regarding a purchase transaction should be addressed directly with the Montana Club from which you purchased.

Information About Available Funds

You should keep track of the amount of Available Funds on the Card issued. To obtain the current Available Funds amount, you may call The Montana Club Restaurant or email [email protected]. Your Available Funds will reflect all transactions that have been posted to our system.

Refunds and Replacements

If your Card is lost, stolen, or used improperly, contact us immediately. You will be asked to provide us with the Card number and date of purchase. We cannot provide a refund if you do not have your Card number and date of purchase. If our records show that there are still Available Funds remaining on the Card, we will cancel the Card and refund such Available Fund amount to you. PLEASE SAFEGUARD YOUR CARD SECURELY AND TELL US IMMEDIATELY IF THE CARD IS LOST OR STOLEN. UNFORTUNATELY, NO REFUNDS WILL BE PROVIDED FOR AMOUNTS DEBITED FROM YOUR LOST/STOLEN CARD BEFORE YOU NOTIFY US.

Returns

If you wish to return any product purchased with the Card, you will be subject to the particular Montana Club return policies and may be issued cash refund or store credit or the return of Available Funds to the Card.

Transactions in Excess of Available Funds

It is your responsibility to keep track of your purchases using the Card. You may also contact us for information on the amount of Available Funds on the Card (see “Information About Available Funds” above). If you attempt to use the Card when there are insufficient Available Funds for the transaction in question, the transaction in most instances will be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Available Funds on the Card (creating a “negative” amount, referred to herein as a “Shortage”), you agree to reimburse us, immediately upon request, for the amount of the Shortage. In addition, we reserve the right to charge you a Shortage fee of no less than $25.00 per transaction, or the maximum service charge permitted by law.

No Warranty of Availability or Uninterrupted Use

From time to time the Card service may be inoperative, and when this happens, you may be unable to use your Card or obtain information about Available Funds on your Card. Please notify us if you have any problems using your Card. You agree that Montana Club is not responsible for any interruption of service.

No Warranty Regarding Goods and Services

Montana Club is not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased by you with your Card at Montana Club stores not owned and operated by The Montana Club.

Changing the Gift Card Terms of Use & Card Cancellation

We may change the terms of or add new terms to these terms and conditions at any time, in accordance with applicable law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Card at our sole discretion at any time, with or without cause, and without giving you notice, subject to applicable law. If we cancel your Card, any Available Funds remaining on the Card upon such cancellation after payment for all of your transaction and applicable fees will be returned to you. We may condition reimbursement upon return of the Card. The Card is the property of The Montana Club.

Assignment and Waiver

We may assign this agreement to a successor, affiliate, parent or subsidiary at any time without notice to you.

Notices

Any notice given by us shall be deemed given when deposited in the United States mail, postage prepaid, addressed to you at the latest address shown on our records.

You will violate our copyright and trademark rights if you purchase or produce gift cards or coupon with offers for The Montana Club and resell.

Arbitration

To fairly resolve any dispute arising between you and The Montana Club regarding the use and purchase of any Card, you agree that any claims by either you or The Montana Club shall be settled exclusively by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes or other mutually agreeable procedures. You understand and agree that you will not participate in a class action or class-wide arbitration for any claims covered by these terms and conditions. Purchase or use of the Card constitutes your acceptance of these arbitration terms.

Applicable Law

These terms and conditions are governed by the laws of the State of Montana, USA, excluding choice of law principles. The Montana Club Gift Card is issued by The Montana Club. Our corporate office is located at 1600 South Avenue West, Missoula, MT 59801. For a store nearest you visit montanclub.com.

Safeguarding your privacy and the security of your personal information is important to us. Please take a few minutes to read the following policy so that you understand how we treat your personal information as it relates to our Gift Card program. As we continuously improve and expand our services, this policy might change, so please check it periodically. If you have questions about our privacy policy, please use the form on our Contact page.

Purpose

The Montana Club has adopted the Gift Card Privacy Policy in order to inform you of its policies with respect to information collected from this website. Your use of the Gift Card Program constitutes your acceptance of this Privacy Policy and your consent to the practices it describes. This policy applies to the Gift Card Program only, and does not apply to the handling of your personal data collected by The Montana Club website or its affiliates/owner-operators by means other than this web site.

Information We Collect

As part of providing you with the Gift Card (“Card”) and during activation of the Card we may collect and obtain personal information about you, including:

Information provided to us by the Card purchaser, such as name and/or address.
Information you provide to us at the time of activation.
Information about purchases you make with the Card, such as the date of the purchase, the amount and the place of purchase.
In addition, we may obtain information from providers of identity verification data and demographic information, in connection with any efforts to protect against fraudulent or unauthorized use of the Card.

If you conduct transactions through www.montanaclub.com, we will collect information about the transactions you engage in while on the website and your other activity on the website. This information may include, without limitation, areas of the website that you visit, transaction type, content that you view, download or submit, transaction amount, payment, and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business. You may also choose to communicate with us through email, via our website, by telephone, in writing, or through other means. We collect the information in these communications, and such information may be personally identifiable.

Information Use

The Montana Club may use the personally identifiable information collected as part of the Gift Card Program primarily for such purposes as:

helping to establish and verify your identity;
opening, maintaining, administering and servicing your account;
processing, servicing or enforcing transactions and sending related communications;
providing services and support to users;
responding to your questions inquiries, comments and instructions;
maintaining the security and integrity of its systems.
may also use aggregated anonymous information to provide information about its website to potential business partners and other unaffiliated entities. Again, this information is not personally identifiable.

Disclosure of Information

To process Card transactions, to provide customer service, to process claims for lost or stolen Cards, to develop marketing, to help protect against fraud, and to conduct research and analysis, it may be necessary for us to disclose cardholder and purchaser information to companies that work with us. For example, we may provide certain information to companies, including The Montana Club and affiliates that perform business operations or services, including marketing services, on our behalf. The Montana Club does not provide personally identifiable information to unaffiliated third parties for their use in marketing directly to you. And we may provide certain cardholder information to others outside of The Montana Club in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by law.

Telephone Monitoring/Recording

From time to time we may monitor and/or record telephone calls between you, the purchaser or other cardholders and us to assure the quality of our customer service or as required by applicable law.

Changes to our Gift Card Privacy Policy

The Montana Club reserves the right to modify or supplement this policy at any time.

Contacting Us

If you have questions about this privacy statement, the information practices of The Montana Club or your dealings with our website, please use the link on our Contact page.