Gift Card User Agreement
This Gift Card User Agreement contains terms and conditions (“Terms and Conditions”) applicable to the Clearman’s Restaurants Gift Card. Please read these Terms and Conditions carefully and keep a copy for your records. By accepting and using your Card, you agree to be bound by these Terms and Conditions.
In these Terms and Conditions, the “Card” means the Clearman’s Restaurants gift card issued by Clearman’s Restaurants. “You” and “Your” refer to the person who has purchased or received the Card. “We,” “Us,” “Our,” and “Clearman’s” refer to Clearman’s North Woods Inn, Clearman’s Galley and Clearman’s Steak ‘N Stein Inn.
Sale of Cards: Clearman’s offers Cards for sale only at participating Clearman’s locations or at www.clearmans.com. We, in our sole discretion, may refuse to sell a Card to any individual for any reason. Clearman’s also does not represent or warrant that your Card will always be accessible or accepted (for example, in the event of a power or computer system outage). For online purchases you may only buy cards in $50 or $100 denominations. There is a service fee of $4.50 for the purchase of a Card online. There is no fee to purchase a card at any of our Clearman’s locations. All Card sales are final. Protect your Card like you would cash.
Card Transactions. You may use your Card to pay for purchases of food, beverage or retail merchandise only at participating Clearman’s locations. Upon any purchase using the Card, the amount available on the Card will be reduced by the amount of such purchase. The use of the Card for purchases constitutes a demand against and withdrawal from the remaining value on your Card. You must have sufficient, available funds on a Card to pay for any purchase or pay any difference between the available funds and the purchase amount by cash or credit card. You may reload Cards at participating Clearman’s locations in an amount not less than $5.00. The maximum amount of available funds on a Card shall not exceed $100.00 at any time. You may use your Card only in the manner and for the purposes authorized by these Terms and Conditions. You do not have the right to stop payment on any transaction originated by use of your Card. You are responsible for all transactions initiated by use of your Card.
Card Balance. You may check the available balance on your Card at any Clearman’s location. The available balance on a Card shall equal the amount of funds for such Card as reflected on our records; if it does not, we will only make changes if you can prove otherwise to our satisfaction.
Lost, Stolen or Damaged Cards. Clearman’s will not be responsible for lost, stolen, altered, or damaged gift cards, or for cards used without your authorization. Clearman’s will not be responsible for lost gift cards as a result of non-delivery due to incorrect addresses or other occurrences outside Clearman’s control. Title and risk of loss shall pass to you upon Clearman’s deposit of the Card in the US mail.
Amendments. We may amend these Terms and Conditions at any time by posting updated or revised Terms and Conditions on this website. Please check this website frequently for any updates or revisions to these Terms and Conditions.
Severability/No Waiver. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable for any reason, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms and Conditions.
Governing Law. These Terms and Conditions are subject to the laws of the State of California without giving effect to the principle of conflicts of laws.
Disclaimers and Limits of Liability. CLEARMAN’S MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CLEARMAN’S DOES NOT REPRESENT OR WARRANT THAT YOUR CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. IN THE EVENT THAT CLEARMAN’S IS FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR CARD. CLEARMAN’S SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CLEARMAN’S HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
Entire Agreement; Construction. This agreement is the complete and exclusive statement of agreement between you and Clearman’s and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.