Terms of Use

Who are we?

Blacktail Mountain Adventures LLC (“BMA,” “Foundation,” “We,” “Us,” “Our”) is a tubing hill and activity center. We are firmly committed to online safety, including protecting your data and your personal information. Our goal is to provide the best possible experience for the participants, both in our great facilities and online. BMA provides this website as a tool for our participants to find key information, order tickets online, and provide an overall convenient experience 


Welcome to blacktailadventures.com (the “Website”) operated by Blacktail Mountain Adventures LLC. By using this website, you acknowledge and understand the Terms of Use (“Terms”) and the Privacy Policy below (which is incorporated by reference). Additionally, We may update, add, or refine the Terms, the Privacy Policy, or additional rules of operation, safety procedures, or other terms and conditions set forth by BMA from time to time by updating these Terms or posting a link to other terms and conditions. By accessing the Website, you agree to be bound by such revised terms as they are posted. Nothing in these Terms, the Privacy Policy, or any other terms and/or conditions shall be interpreted or understood to create, pledge, or promise any rights or benefits for third parties. 

Terms of Use.

  1. Introduction. These Terms govern your access to, and use of the website owned and operated by Blacktail Mountain Adventures, a Montana Limited Liability Company that operates a tubing hill and activity center. By accessing or using our website, you agree to be bound by these Terms. 
  2. Access and Registration. 
    1. Our Website is intended to be accessed by the participants, and, if minor children, the Parents/Guardians of such tubers. This website is intended to be accessed and used exclusively by individuals who are at least 18 years of age. By accessing the Website, you explicitly represent that you are meet the eligibility requirements.
    2. If you create an account on the Website, and/or provide personal information for purposes of payment, scheduling, information on behalf of yourself or a minor participant, or any other personal information used of any purpose whatsoever (“Provided Information”), you are representing and warranting that the Provided Information is correct to the best of your knowledge and is actually your information or information you are expressly authorized to provide. Moreover, you are solely responsible for maintaining and securing your account password, if applicable, and the activities that occur under your account. If you discover unauthorized access to your account, you must notify Us immediately.
    3. By accessing Our Website, you agree not to:
      1. Engage in any unlawful, fraudulent, or malicious activity;
      2. Post, upload, or transmit any content that is defamatory, obscene, abusive, or invasive of BMA, Our staff, or the participants privacy;
      3. Use Our Website to harass, threaten, solicit, stalk, intimidate, or otherwise engage in abusive activities of BMA, Our staff, or the participants,  parents/guardians, and/or their families;
      4. Impersonate any person or entity;
      5. Interfere, access without authorization, hack, or otherwise disrupt the Website or networks connected to the Website. 
      6. Use Our Website for commercial, marketing, or other purpose without BMA’s express written consent which may be withheld for any reason whatsoever.
    4. By accessing our Website, you agree to observe appropriate user conduct. Under no circumstances do the views of the Website’s users reflect the views of BMA or its personnel. We will seek to remove or edit, whichever is prudent, any user content that We deem to be offensive or in violation of these Terms or the Privacy Policy with or without providing notice of the removal or edits. Notwithstanding, We are not required to remove any user content, however, no act or omission relating to user content is representative of BMA’s views, opinions, representations, warranties, or endorsements. 
  3. Intellectual Property.
    1. All content on the Website, including without limitation, text, graphics, logos, images, software, blog posts, and social media accounts (and the respective posts associated with the social media accounts) is the intellectual property of BMA and/or its licensors or affiliates and is protected information (“BMA IP”). By accessing the Website, you agree to not use, distribute, copy (in whole or in part), or otherwise utilize BMA IP for personal, professional, and/or commercial purposes without BMA’s express written consent, which BMA may withhold for any reason or no reason.
    2. By posting, uploading, or otherwise sharing user content on the Website, you expressly:
      1. Grant BMA a perpetual, non-exclusive, royalty-free license to use the user content for all purposes;
      2. Permit, but not require, BMA to identify you as the user;
      3. Grant BMA the right to access, display, view, store, and/or download such user content and post and/or forward such user content to third parties;
      4. Release BMA from any and all liability resulting from the storage or deletion of any user content;
      5. Represent and warrant that you have all necessary rights to grant the previous permissions. 
  4. Third Party Links and Content. The Website may contain links and/or content that is not owned or controlled by BMA. We do not have any control over, opinion of, nor does BMA assume any liability from such third-party content, privacy policies, or practices. By accessing or using the Website, you acknowledge and agree that We are not, and shall not, be responsible and/or liable for any loss, damage, or harm caused or alleged to be caused in connection with your use of, or reliance on, such third-party links, content, goods, or services. 
  5. Disclaimer of Warranties/Limitation of Liability.
    1. The Website is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. BMA does not represent or warrant that our website will be uninterrupted, error-free, secure, or free of viruses or other harmful components, nor is BMA liable for any damages caused by any of the foregoing. Moreover, BMA disclaims all responsibility and liability for the accuracy, content, completeness, legality, reliability, operability, or other information or materials contained on the Website. 
    2.  BMA expressly disclaims to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any fundraiser, and any donor. BMA disclaims all warranties, either express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and other warranties. BMA is not engaged in the provision of legal, tax, or other professional advice or services. If you need such services, you should contact the appropriate licensed and qualified professional.
    3. To the fullest extent permitted by law, in no event shall BMA or its directors, officers, employees, or agents be liable for any damages of any kind, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising out of or in connection with your access to or use of our website, even if the BMA has been advised of the possibility of such damages or BMA is negligent.
    5. Your use of the Website, services, facilities, or other service or thing provided by BMA is entirely at your own risk. You shall hold BMA, and its affiliates, officers, directors, employees, agents, managers, members, and/or shareholders harmless and shall further indemnify Us and the previously listed affiliates from any and all claims, including third-party claims, losses, damages (actual and consequential), lawsuits, judgments, litigation costs, and attorney’s fees, arising from or in any ways connected with your use of the services, facilities, Website, or other service or thing provided by BMA.
  6. Changes to Terms.
    1. BMA may, on its own timing and at its own discretion, modify, remove, add, terminate, or otherwise change these Terms. 
    2. Changes and modifications to these Terms shall be posted to the Website, however it is your responsibility to review the Terms from time to time. Your use of the Website continues your acceptance of the Term’s changes.
  7. Termination. BMA reserves the right to terminate or suspend your access to or use of the Website, with or without notice, for any reason or no reason, including but not limited to your violation of these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, intellectual property provisions, indemnity, and limitations of liability.
  8. International Use/Governing Law.
    1. The Website is controlled and operated from within the United States. BMA makes no representation that the Website is appropriate or available in locations outside the United States. Those who choose to access the Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
    2. These Terms and any and all disputes arising out of or relating to these Terms or your access or use of our website shall be governed by the laws of the state of Montana, without regard to its conflict of law provisions. You hereby agree to submit to the personal and exclusive jurisdiction of the courts located in Flathead County, Montana, for the resolution for any such disputes. 
  9. Contact; Electronic Communication; Reporting Infringements.
    1. If you have any questions or concerns about these Terms or your access to, or use of, the Website, please contact us at info@blacktailadventures.com or (406) 200-8559.
    2. By accessing and/or using the Website, you consent to receive electronic communications from us, including without limitation, email, and you agree that any such communications satisfy any legal requirements that such writing shall be in writing. 
    3. If you believe that any content on the Website infringes upon your intellectual property, please contact us at the email address or phone number above with a detailed description of the alleged infringement, including the location of the infringing content and information sufficient to identify and contact the alleged infringer.  
  10. Miscellaneous.
    1. BMA’s failure, refusal, or other non-action to exercise or enforce any right, provision, covenant, or condition herein shall not constitute a waiver of such right, provision, covenant, or condition. 
    2. These Terms, together with our Privacy Policy and other legal notices and waivers published on our website or provided in person constitutes the entire agreement between you and BMA concerning your access to and use of the Website and supersedes any prior agreement, understanding, or representation, whether written or oral, relating to the same or similar subject matter. 
    3. If any language of the Terms, Privacy Policy, or other legal notices published on the Website is deemed to be invalid or unenforceable by a court of competent jurisdiction, such language shall be severed from these Terms, Privacy Policy, or other legal notice. The remaining language shall remain in full force and effect. 
    4. You may not assign, transfer, or otherwise exchange your rights, obligations, covenants, or conditions under these Terms to any other party without Our express written consent, which We may withhold for any reason whatsoever. BMA may assign or transfer its rights, obligations, covenants, and conditions at any time without notice or consent. 
    5. BMA shall not be liable for any delay or failure to perform any of its obligations under these Terms due to events beyond its reasonable control, including without limitation, acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, or interruptions of interest or telecommunication services.
    6. If the Website allows users to submit, post, or share content, you agree that you are solely responsible for any content you submit, post, or share, and that you have obtained all necessary permissions and rights to do so. By submitting, posting, or sharing content, you grant BMA a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, display, and create derivative works of such content in connection with our website and the Organization’s mission, without any obligation to compensate you.
    7. References or links on the Website to individuals, organizations, products, and/or services do not constitute an endorsement or recommendation by BMA unless expressly stated otherwise.
    8. Nothing herein shall create or imply a partnership, agency, joint venture, or employer-employee relationship between you and BMA. You and BMA are independent parties, and neither party has the right to bind or obligate the other party to any contract or liabilities. 
    9. Any disputes or claims arising out of or relating to these Terms, the Website, or the relationship between you and BMA shall be initially resolved though good faith negotiations between the parties. If the parties are unable to resolve their disputed through good faith negotiations, then either party may submit the dispute to the American Arbitration Association in accordance with its then-current rules, regulations, and procedures. 
    10. You agree that any disputes or claims arising out of or relating to these Terms, your access to or use of our website, or the relationship between you and the Organization shall be resolved on an individual basis, and you waive any right to participate in a class action lawsuit, class-wide arbitration, or any other representative action.