Welcome to Bush Park Camping Resort’s website!
• “We,” “Us,” or “Our” refer to Bush Park Camping Resort;
• “Website” refers to our website, www.bushparkcampingresort.com;
• “User” refers to anyone who uses our Website, including general visitors;
• “You” refers to you, the person who is entering into this Agreement with us.
You can browse our Website without any registration requirement.
To use certain features of our Website, such as making a reservation or posting on our Trading Post, you will need to provide certain personal information. The information needed will be requested at those pages of our Website.
You must be at least 18 years of age to request a reservation or post an item on the Trading Post.
4. Rules of Use
You must not:
• Post or send anything violent, threatening, pornographic, hateful, or otherwise objectionable according to the opinion of Bush Park Camping Resort.
• Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
• Submit any content to the Site anonymously.
• Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of our Website.
You may request a reservation through the “Reservations” page on our Website. To request a reservation, provide the information requested. Our rates are posted on the Website on the “Rates” page, as updated from time to time.
No reservation is confirmed until we provide you with a confirmation notice by telephone.
To cancel a reservation request, you must call the office at (804) 776-6750 at least 24
hours before your reservation begins or you will be charged for a one night stay.
6. Payment and Refunds
Acceptable payment methods are presented at our checkout page. Unless otherwise stated, all prices are listed in United States dollars. Payments for new reservations or short-term stays are not accepted online and may only be paid in the Bush Park office.
Bush Park does not provide refunds for early departures or inclement weather. Bush Park may in its discretion to allow refunds in cases of emergencies.
7. The Trading Post
You may list camping items for sale, or purchase such items from, the “Trading Post” section of our Website. However, we reserve the right to take down items offered for sale that, in our discretion, we believe to be inappropriate.
We provide the Trading Post as a convenience to our customers but do not operate as a middleman. We do not handle, process or play any other role in any transaction that is made possible by the Trading Post.
By posting an item to the Trading Post, you are warranting that you have the right to sell that item.
Any disputes that may arise over items offered for sale or purchased from the Trading Post are between the seller and the purchaser.
8. Our Copyright
The contents of our Website are protected by U.S. and international copyright laws. You agree not to copy, distribute, upload, transmit, sell, display, disseminate, reproduce or use for commercial purposes any of the copyrighted information (including without limitation content, images, or trade dress) on the Website without receiving our prior written permission.
9. Our Trademarks
“Bush Park Camping Resort” is a trademark used by us to our Website and business. It and other trademarks, logos, other marks, and trade dress pertaining to our Website are our property or belong to their respective owners. You may not make any use of such trademarks, logos, other marks or trade dress without our prior written consent or the consent of the owner, if not us.
10. Copyright and Trademark Infringement Notices
We have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyright has been infringed, please provide the following information in writing and signed electronically to our Copyright Agent at DMCA@bushparkcampresort.com (see 17 U.S.C. Section 512(c)(3) for further detail):
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. a description of the copyrighted work that you claim has been infringed.
3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
4. information so that we can contact you, such as your name, address, telephone number and e-mail address.
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that any content or materials you posted, uploaded or submitted to the Site and that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
1. your physical or electronic signature.
2. a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
11. Representations, Warranties, and Limitation of Liability
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR WEBSITE OR FITNESS FOR ANY PARTICULAR PURPOSE. BY USING THE WEBSITE, YOU RELEASE US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR WEBSITE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR WEBSITE, UNTIMELY DELIVERY, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, WE ARE LIABLE TO YOU ONLY FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
IN NO EVENT WILL BUSH PARK CAMPING RESORT, ITS DIRECTORS,
OFFICERS, OR EMPLOYEES BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE WEBSITE, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO PAY US, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM ANY TEMPORARY OR PERMANENT INABILITY TO ACCESS OUR WEBSITE, FOR ANY REASON.
NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS AND WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
By using this Website, you agree to indemnify and hold us harmless for any claims by you or any third party arising from or relating to this Agreement, including any damages caused by your use of our Website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay reasonable attorneys’ fees for an attorney(s) of our choice, court costs, and disbursements in such cases. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
13. Applicable Law
These Terms and Conditions shall in all respects be governed by the laws of the Commonwealth of Virginia, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The offer and acceptance of these Terms and Conditions are deemed to have occurred in the Commonwealth of Virginia. You agree to personal jurisdiction by and venue in state and federal courts located in Middlesex County, Virginia.
14. Force Majeure
We are not responsible to you for events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, suspensions of operations due to pandemics, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Bush Park Camping Resort
724 Bushy Park Road
Wake, Virginia 23176
P.O. Box 589
Deltaville, Virginia 23043
Phone: (804) 776-6750
Managed by: Phillips Management Group
P.O. Box 10009
Greensboro, NC 27404-0009
Effective Date: August 1, 2021