BEFORE YOU PROCEED
Please read these Terms of Use carefully (“Terms”) before proceeding, as these Terms are a binding legal agreement between you and Great Eastern Resort Management, Inc. and Affiliated Entities (hereinafter referred to as “Resorts” or “we” or “us”). For purposes of these Terms, “Affiliated Entities” includes Great Eastern Resort Corporation, Great Eastern Nelson Hopkins, LLC, Great Eastern Village Festival, LLC, Great Eastern WaterPark, LLC, Great Eastern Purveyor’s, Inc., Recreational Resorts, Ltd., Recreational Resorts Management, LLC, and other companies under the Great Eastern and Recreational Resorts brands, and includes dba’s such as Massanutten Resort®, Wilderness Presidential Resort, Bluestone Peak®, and others.
AGREEMENT
You are accepting and agreeing to these Terms of Use by doing any of the following: using or visiting our website(s) (including mobile websites), app(s), social media pages, coupons, contests, or related functionality and online services, as applicable, on which these Terms appear (collectively, “Resorts Products” or “Products” ); by creating an account or submitting information to or through any Resorts Products; or by clicking an “I Agree” or “I Consent” or similar button or link or action to indicate agreement or consent. If you do not agree with the Terms, or if you are under 18 years of age, do not proceed and do not use the Products.
PRIVACY POLICY
Our Privacy Policy is incorporated into these Terms of Use by reference.
CHANGES TO OUR TERMS OF USE
We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Products thereafter. Your continued use of the Products following the posting of revised Terms means that you accept and agree to the changes. You are encouraged and expected to check this page from time to time so you are aware of any changes, as they are binding on you.
INTELLECTUAL PROPERTY RIGHTS
The Products and their contents, features and functionality are owned by Resorts, its licensors, or other permitted persons, or are licensed to Resorts, and are protected by United States and/or State copyright, trademark, registered mark, common law, trade secret and/or other intellectual property or proprietary rights laws.
We reserve all rights in our Intellectual Property. To inquire about usage rights and licensing, please contact Business Relations – Licensing Inquiry, Great Eastern Resort Management, Inc., 1296 Resort Drive, Massanutten VA 22840.
You may use the Products for your personal non-commercial use only, and you agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Products. Unless you have express written permission from us, you agree not to use any content, logos, slogans, photographs, videos, graphics, text, floor plans, sketches, advertisements, documents, and the like from the Products. Further, you agree not to delete or alter any copyright, trademark or registered mark, or other proprietary rights notices from materials on the Products.
We can terminate or suspend your use and access for any reason or no reason.
Any unauthorized use constitutes a breach of these Terms, automatically terminating any right you have to use our Products. You understand your unauthorized usage may violate intellectual property, contract, and other laws, that you will be subject to all legal remedies available to us, and that you will reimburse us for any losses, attorney’s fees and costs we may incur due to your violation or due to our protection of our rights or the rights of third parties that are licensed to us.
RESTRICTIONS ON USE
You may use the Products only for lawful purposes and in accordance with these Terms.
You may not violate any applicable federal, state, local or international law or regulation.
You may not restrict or inhibit use or enjoyment of the Products by others.
You may not use devices, AI, robots, spiders, malware, viruses, and the like, software, hacking, attacks, and/or any other product or tactic or capability (now known or later developed) that could cause harm, disruption or damage to or interfere with the Products, us, other users, our owners, guests, employees, or third parties, or our operations.
CONSENT TO MESSAGES
When you use the Products, you may be provided the opportunity to consent to receive communications from us. You agree to receive promotional emails, SMS texts and calls, including pre-recorded messages or artificial voice messages and/or calls or texts made from an auto-dial telephone dialing system from Resorts (text/data and other charges may apply) at the address/numbers provided regardless of that number being on any Do Not Call Registry. You can opt out of promotional communications by following the “unsubscribe”, “opt out”, or similar instructions. YOUR CONSENT IS NOT REQUIRED AS A CONDITION OF USING THE PRODUCTS.
USER GENERATED CONTENT
The Products may request or allow for you to provide your own content such as text, chats, photos, audio, original artwork, contest, sweepstakes or promotion submissions, and the like (“User Generated Content” or “Content”). You agree to only provide your own original Content. You agree not to provide any Content that is unlawful, tortious, embarrassing, harassing, libelous, defamatory, or vulgar, or that violates another person’s privacy or interests, or that belongs to or is the intellectual property of another person. You agree we may remove, block or mask any Content in our sole discretion.
You grant us an unlimited, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, and any intellectual property rights to use, reproduce, publish, create derivative works from, and otherwise use your User Generated Content in all media formats and Products we have or use, without any permission from or payment to you.
PASSWORDS
If you use a password on our Product, be sure to protect and not disclose that password. You are responsible for all interactions that occur on the Products using your password.
DISCLAIMERS AND LIMITATION ON LIABILITY
The content on our Products is for general information purposes and may change from time to time. The content is not guaranteed to be complete or up to date.
Our Products may have service interruptions from time to time. We make no warranty about the reliability of our Products.
OUR PRODUCTS ARE PROVIDED 'AS IS' AND AS-AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY.
WE ARE NOT LIABLE FOR YOUR LOSSES, IF ANY, RELATED TO OUR PRODUCTS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMANGES, INCLUDING LOST PROFITS AND PROPERTY DAMANGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE PRODUCTS AND/OR ANY FAILURE OF OR DEFECT WITH THE PRODUCTS OR INFORMATION OR CONTENT ON THE PRODUCTS, OR FOR ANY ACT OR OMISSION BY US RELATED TO THE PRODUCTS AS WELL AS ANY RESULTING ALLEGED INJURY OR DAMAGE, IS FOR YOU TO STOP USING THE PRODUCTS. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THESE LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF USE, WE WOULD NOT PROVIDE THE PRODUCTS, THE SERVICES OR THE CONTENT TO YOU. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. IF ANY OF THE ABOVE OR BELOW LIMITATIONS OR DISCLAIMERS OR ANY OTHER TERM IN THIS AGREEMENT ARE NOT PERMITTED IN ANY PARTICULAR STATE OR JURISDICTION, THEN SUCH ITEM IS DEEMED AMENDED AS MINIMALLY NECESSARY FOR LEGAL COMPLIANCE, OR IF AMENDMENT IS NOT POSSIBLE THEN SUCH ITEM IS DEEMED DELETED, AND THE REMAINDER OF THIS AGREEMENT REMAINS IN FULL FORCE AND EFFECT. IN NO EVENT SHALL OUR LIABILITY EXCEED ONE THOUSAND DOLLARS.
INDEMNITY
You agree to indemnify and hold Resorts, their parent, subsidiaries, officers, directors, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, or which arise from the use of User Generated Content you provided.
THIRD PARTIES
Our Products may reference, describe, display products or advertisements, or link to other companies or sites including companies, products and sites that are not affiliated with us. These are provided for general interest and convenience only. We do not warrant or endorse the companies, their products, services, information or programs, or their websites. Resorts disclaims any responsibility or liability for your dealings with such third parties.
CHOICE OF LAW AND FORUM
You agree that for any action at law or in equity related to the Terms, the laws of the Commonwealth of Virginia apply without giving effect to any conflict of law provisions, and that venue properly lies only in the state or federal courts of Rockingham County, Virginia, and you consent to the personal jurisdiction of such courts.
WAIVER
Our failure to enforce or assert any right or provision of the Terms shall not constitute a waiver by us of such right or provision. No waiver of a right or provision of the Terms or enforcement thereof by us shall be deemed a further or continuing waiver.
NO SOLICITATION
Our Products and our content do not constitute an offer to sell, or a solicitation to buy, real estate or timeshare property to residents of any state, province or jurisdiction where prohibited by law or where prior registration or filing of a disclosure statement is required but has not been completed. You agree not to participate in any collective or class action against us.
February 2025