Gift Card Terms & Conditions
Terms and Conditions Governing Your Acceptance and Use of the Great Eastern Resort Management, Inc. Gift Card
These terms and conditions govern your use of the Great Eastern Resort Management, Inc.® Massanutten® Gift Card ("Terms and Conditions"). By purchasing, receiving, signing or using the Great Eastern Resort Management, Inc.® Massanutten® Gift Card ("Card"), you are agreeing to these Terms and Conditions.
The terms "you" and "your" refer to the person who purchased the Card and/or the person who is using the Card. The terms "we" "our" and "us" refer to Great Eastern Resort Management, Inc. and its licensees, subsidiaries and parent companies, including but not limited to Great Eastern Resort Management, Inc., the issuer of the Card. Importantly, these Terms and Conditions contain a mandatory, binding arbitration requirement, so please read them carefully prior to loading or using a Card.
Frequently Asked Questions About the Card
Is the Card a debit card or credit card?
No, the Card is a prepaid payment device with a dollar value that is either printed on the front of the Card or a "variable load" amount that is selected at the time of purchase or load. The Card is not a credit, charge or debit card. Except where required by law, the Card is not redeemable for cash. The Card is not transferable. The Card may not be used for unlawful purposes. The value on the Card at any time is its "Available Balance."
Where can the Card be used? Are there any usage restrictions?
THE CARD MAY ONLY BE USED ON THE GREAT EASTERN RESORT MANAGEMENT, INC. MASSANUTTEN PROPERTY TO PAY FOR ELIGIBLE PURCHASES AT DESIGNATED LOCATIONS ON THE PROPERTY AND AT OTHER LOCATIONS, ALL LISTED HERE.
We reserve the right at any time, without notice, to limit or expand the eligible purchases and locations that the Card may be used at.
Is the Card ready to use immediately?
You must load the Card with your own personal funds. Upon loading or reloading, in most cases, it is ready for use. However, in some cases, it may be inactive for up to four hours after purchase.
How is the Card used to make retail purchases?
Present the Card to the cashier for payment at a designated location for an eligible purchase, and tell him/her it is a prepaid card. Sign the receipt and retain the receipt as a record of the purchase.
Are there any fees for the use of the Card after issuance?
This Card has NO FEES (including dormancy, service or other fees).
Do the funds on the Card expire?
No, the funds on the Card do not expire. However, if the Card is inactive (no use) for a period of eighteen consecutive months and has a zero balance, the Card will go inactive and may not be reloaded. You will need to obtain a new Card for future use.
If the funds do not expire, what is the "valid thru" date on the front of the Card?
Some Cards (not all) may have a "valid thru" date on their front. The "valid thru" date on the front of the Card is the date through which your physical plastic card must be used. This date is required to process transactions at merchants that request an expiration date. Even if the "valid thru" date has passed on the Card, its Available Balance remains unchanged and intact. In order to keep making purchases with your Available Balance, after a Card's "valid thru" date has passed, please call the Customer Service Number for a free replacement Card.
Should the Card number be written down?
Yes, you should write down the Card number and keep these in a safe place! You will need the Card number to check your balance. You will also need your Card Number in case your plastic Card is lost, stolen or damaged. While the Cards are not transferable and we will not assume any liability for lost, stolen, misused, or damaged Cards, you should keep the account number in case you need to make a claim with your insurance or file a police report. You should also keep all receipts relating to your use of the Card.
How is the balance on the Card calculated?
When you make a purchase with the Card, we will deduct the full amount of that purchase, including taxes and any other fees, from the Available Balance. While not anticipated, if any location or eligible purchase requires an authorization in an amount greater than your purchase, it may take up to 5 days after the location releases the authorization for that balance to be restored to your Card.
Can the Card be used if its Available Balance does not cover the total purchase price?
Depending on the eligible purchase and location, you may be able to split the purchase using the Card and an additional form of payment.
How should the Card be used at merchants that may be expecting a gratuity?
Your total Card eligible purchase can include a gratuity.
Can merchandise purchased with the Card be returned?
Merchandise purchased with the Card is subject to the Merchant's return policies. If the Merchant agrees to issue a credit to the Card, this amount may not be reflected in the Available Balance until the credit posts, which may take up to seven days.
Can a charge made with the Card be disputed?
No. Purchases made with the Card are similar to those made with cash, in that you cannot "stop payment" or lodge a "billing dispute" on purchases made with the Card. Any problems or disputes you have regarding a purchase should be addressed directly with the Merchant.
Other Important Notices
No Warranties: We are not responsible or liable to you (i) for any interruption of Card service, (ii) for the quality, safety, legality, or any other aspect of any goods or services purchased from any Merchant with the Card, (iii) if any Merchant refuses to honor the Card or special offers and/or (iv) for any other problems you may have with any Merchant.
Changing these Terms and Conditions: We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without notice, subject to applicable law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with the Card, with or without notice, subject to applicable law. 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 or when such notice is posted on our web site. The most up-to-date Terms and Conditions may always be found on our website at www.massresort.com/giftcard.
Assignment and Waiver: We may assign these Terms and Conditions to a third party at any time without notice to you. However, if we assign these Terms and Conditions, the terms will remain substantially and materially the same unless you are notified. Neither our failure to exercise any of our rights under these Terms and Conditions, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under these Terms and Conditions on one occasion, such waiver shall not operate as a waiver as to any other occasion.
Data Protection and Privacy: We collect, store, share and use your information in accordance with applicable law. We do not share or sell your information to any independent third parties, except to administer transactions or agreements between you and us. We maintain electronic and physical safeguards against unauthorized disclosures. We use Cardholder Information for marketing purposes and to conduct research and analysis. We may provide certain Cardholder Information to our companies, subsidiaries and parents, including our affiliated companies that perform business operations or services, including marketing services, on our behalf. We may provide certain Cardholder Information to others as permitted by law, such as to government entities or other third parties in response to subpoenas. We do not share customer addresses with other companies for them to market their own products and services.
Offers / Choice: If you prefer not to receive offers, you may opt out by calling us. If you opt out from receiving these offers, we may still send important information about the Card to you.
Telephone Monitoring/Recording: From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
Arbitration
Agreement to Arbitrate Disputes: This Arbitration Provision sets forth the circumstances and procedures under which Claims (defined below) that arise between you and us will be resolved through binding arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court.
Definitions: As used in this Arbitration Provision, the term "Claim" shall mean and include any claim, dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to the Card or these Terms and Conditions, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements ("Agreements"), including the validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with the Card (including, but not limited to, third parties who accept the Card, third parties who use, provide or participate in programs accessed with the Card, enrollment services and rewards programs, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. As used in this Arbitration Provision, "you" and "us" also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and any third party using or providing any product, service or benefit in connection with the Card.
Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the "Code"), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either JAMS ("JAMS") or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact (1) JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; www.jamsadr.com, (2) AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.
Class Action Waiver and Other Restrictions: Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions (including the "Continuation" provision below), and without waiving either party's right of appeal, if any portion of this "Class Action Waiver and Other Restrictions" provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.
Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended ("FAA"), and the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator's sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preserve the privacy of individuals and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator's written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within 30 days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant's written notice. The panel's majority vote decision shall be final and binding.
Location of Arbitration/Payment of Fees: The arbitration shall take place in the federal judicial district of where your Card was issued to you. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from the JAMS or AAA.
Continuation: This Arbitration Provision shall survive termination of the Card, as well as voluntary payment in full of any Shortages, any debt collection proceeding by or between you and us, and any bankruptcy by you or us. If any portion of this Arbitration Provision, except the "Class Action Waiver and Other Restrictions" provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms and Conditions or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
Applicable Law, Indemnification, Release and Waiver
These Terms and Conditions and the Card, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of Virginia, USA (without regard to internal principles of conflicts of law).
You, your family, associates, and any persons who are provided possession or use of the Card or your account agree to indemnify, defend and hold us and our business partners, including but not limited to, Great Eastern Resort Corp., Great Eastern Resort Management, Inc., The Berkley Group, Inc., Always Travel With Us, LLC, and any other entities, employees, staff, shareholders, members, affiliates, subsidiaries and parent companies (collectively for this section: "us" or "we") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms, or your use or non-use of the Card and/or your Account, and/or all other claims whether know or unknown, arising from or relating to this Agreement.
IN CONSIDERATION OF RECEIVING, USING, AND/OR LOADING THE CARD ALONG WITH ITS ASSOCIATED VALUE (IF ANY PROVIDED), AND WITH THE PRIVILEGE OF USING THE CARD AND OTHER GOOD AND VALUABLE CONSIDERATION, YOU ALSO AGREE TO FULLY RELEASE AND HOLD US HARMLESS AGAINST ANY AND ALL CLAIMS THAT MAY ARISE, WHETHER PREVIOUSLY, NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, RELATING TO OR ARISING OUT OF ANY TRANSACTIONS YOU MAY HAVE HAD OR WILL HAVE WITH US AND OUR BUSINESS PARTNERS AND AFFILIATED PROPERTIES, SUBSIDIARIES AND ALL EMPLOYEES, OFFICERS, AND OWNERS. THESE TRANSACTIONS INCLUDE, BUT ARE NOT LIMITED TO, ALL COMMUNICATIONS, MARKETING, AND INTERACTIONS WITH US, OUR EMPLOYEES, STAFF AND AFFILIATES, ALONG WITH OUR BUSINESS PARTNERS; AND ALL SALES, NON-SALES, OFFERS, AND FINANCIAL, PROPERTY AND LODGING TRANSACTIONS, ALONG WITH ALL HOSPITALITY AND RELATED PURCHASES. THIS RELEASE IS INTENDED TO BE COMPREHENSIVE UNLESS OTHERWISE LIMITED BY SPECIFIC LAWS THAT APPLY TO OUR BUSINESS OPERATIONS, UPON WHICH SUCH LAWS MAY LIMIT OR VOID THIS RELEASE. IF NO APPLICABLE LAW LIMITS OR VOIDS THIS RELEASE, THEN IT IS INTENDED THAT THIS RELEASE SHALL PREVAIL. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE CARD, YOUR ACCOUNT OR OUR PROPERTIES, EVEN IF WE OR OUR BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL OUR TOTAL LIABILITY (ASSUMING THE RELEASE IS LIMITED OR VOID) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO LOAD THE CARD, IF ANY, OR FIVE DOLLARS ($5) (WHICHEVER IS LESS). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU DO NOT AGREE OR DO NOT WISH TO BE BOUND BY THESE REQUIREMENTS, PLEASE DO NOT ACCEPT THE CARD, OR RETURN THE CARD PRIOR TO USE TO AN AUTHORIZED COMPANY REPRESENTATIVE. IF ANY PART OF THIS SECTION IS FOUND TO BE UNLAWFUL OR UNEXFORCEABLE, IT SHALL BE REMOVED LEAVING THE REMAINDER OF THIS SECTION FULLY ENFORCEABLE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR NON-USE OF THE CARD.
Your Agreement to be Bound by These Terms and Conditions
By using the Card you agree to be bound by these Terms and Conditions in their entirety. Should you wish not to be bound by these Terms and Conditions in their entirety you must, prior to using the Card, request and obtain a refund of the value of the Card by calling our Customer Service Number at (540) 289-4978.
©2013 Great Eastern Resort Management, Inc.
