Terms & Conditions

Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.

Restrictions on Use

You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without RA’s express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation. Any conduct by you that in RA’s discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. You may not: (i) modify any of the materials found in any area of the Web Site; (ii) use any of the materials found in any area of the Web Site for any public display, performance, sale or rental; (iii) remove, modify or alter any copyright or other proprietary notice, or trademarks from any of the materials found in any area of the Web Site; or (iv) otherwise transfer any material located in any area of the Web Site to any other person or entity.

Copyright

The design of the Web Site and the content contain copyrighted material, trademarks, registered trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of RA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The foregoing provisions are for the benefit of RA, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Trademarks

Visibility Enhanced Apparel (referred to as “VEA”), RA and other product logo’s and all page headers, custom graphics, and button icons and service marks, trademarks and/or trade dress on the Web Site are owned by RA or its parent or affiliated companies. All rights reserved.

Disclaimer

The materials on the Web Site are provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property or fitness for a particular purpose. RA offers no assurance of uninterrupted or error free use of the Web Site. RA does not warrant the accuracy or completeness of the information, text, graphics, links or any other items contained on the Web Site. RA may change any of the information found at the Web Site at any time without notice. RA makes no commitment to update the information found at the Web Site.

Limit on Liability

In no event will RA, or any person or entity involved in creating, producing or distributing the site or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the site. 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. In no event shall RA’s total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing this site.

Indemnification

You agree to defend, indemnify and hold harmless RA and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the site.

Third Party Content

RA may distribute (and not publish) content supplied by third parties and users of the site. Accordingly, RA has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of RA. In some instances, the content available through the site represents the opinions and judgments of the respective information provider or user. RA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized RA employee spokespersons while acting in their official capacities.

Viruses

RA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.

Export Control

Software and other materials from this site may be subject to United States Export Control. RA does not authorize the downloading or exportation of any software or technical data from this site to any jurisdiction prohibited by the United States Export Laws.

Changed Terms

RA has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

Links to the Web Site

You may not establish a hypertext “link” to the Web Site and/or distribute, modify or re-use the text or graphics of the Web Site unless you obtain prior express written permission from RA allowing you to do so.

Links to Third Party Sites

This site contains links to sites that are controlled by third parties. Those linked sites are not under the control of RA, and RA is not responsible for the contents of any linked site or any link contained in a linked site. RA is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by RA of any linked site or constitute any warranty by RA of any linked site or any items contained on such site.

Miscellaneous

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of Georgia, acknowledge that venue is proper in any state or Federal court having jurisdiction over Cobb County, Georgia, agree that any action related to these terms Of use must be brought in a state or Federal court having jurisdiction over Cobb county, Georgia, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.