Terms and Conditions
RTA Outdoor Living (hereinafter also referred to as “We”, “Our”, or “Us”) provides access to www.rtaoutdoorliving.com (the “Site”). Any person accessing, browsing, or otherwise using the Site- either manually or via an automated device or program- shall be deemed a “User” (also referred to as “you” or “your”, as applicable) under this Agreement. Purchases from this Site may only be made by Users who are eighteen (18) years old or older and are subject to all Terms and Conditions.
Use of the Site is conditioned upon your acceptance of this Website User Agreement. Accessing, browsing, framing, using, linking to, and/or making purchase(s) from the Site, shall be deemed to be use of the Site and consent to be bound by the terms of this Agreement, including but not limited to any other terms, conditions, and procedures included in, linked to, or incorporated by reference in any other accompanying documents used or referred to in this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted and/or contained in these particular features or accompanying documents. In the event of a conflict between any other agreement, rule, policy, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact RTA Outdoor Living before using the Site.
Use of the Site
This Site is provided for design and informational purposes, without warranty of any kind, except as expressly stated herein. No warranties or guarantees of any kind- either express or implied- including but not limited to any implied warranties of quality, merchantability, fitness for a particular purpose, or ability to achieve a particular result are made by virtue of the Terms and Conditions of this website and/or agreement.
RTA Outdoor Living cannot, and does not, guarantee that the Site will be free of infection from viruses or other malware that could damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, hardware, software, data, or personal information belonging to you. The user is responsible for implementing sufficient procedures and checkpoints to protect User from infection of viruses and/or malware and satisfy User’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. RTA Outdoor Living will not be held responsible for any loss or damage caused by any corruption or loss of data due to the use of this Site. Use this Site at your own risk.
User assumes total responsibility and risk for User’s use of the site via the internet. User acknowledges that any uploads or transmission User makes related to the site may potentially be intercepted and used by unauthorized third parties Accordingly, User assumes all risk and responsibility for use of the site
User agrees to indemnify, defend, and hold RTA Outdoor Living (and its affiliates, officers, directors, employees, attorneys, and agents) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) User’s use, misuse, or abuse of the Site; (ii) User’s use of products or services provided through the Site; and/or (iii) User’s breach of any provision of this Agreement.
User agrees to cooperate as RTA Outdoor Living may require in defense of any claim made against RTA Outdoor Living as a result of the foregoing conduct by User. However, RTA Outdoor Living reserves the right, at its own expense, to assume the exclusive defense and control of any claim against it attributable to User’s conduct as set forth above and thereafter seek reimbursement from User for any and all such costs of defense and indemnification from User for any loss, settlement, or judgment sustained.
RTA Outdoor Living periodically schedules system downtime for maintenance of the Site and other purposes because We want the Site to be available to User as often as possible. In addition, unplanned system outages also may occur. RTA Outdoor Living shall have no liability to User, whatsoever, for unavailability of the Site, for any reason, or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, miss-delivery, or non-delivery of information caused by such system outages. Also, RTA Outdoor Living shall have no liability to User for any outages of web host providers, internet infrastructure, and external networks to the Site.
Policy Regarding Copyright Infringement and Designation of a Copyright Agent
RTA Outdoor Living’s policy regarding copyright infringement and RTA Outdoor Living’s designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is as follows:
RTA Outdoor Living respects the intellectual property rights of others and requires those that visit its website to do the same. RTA Outdoor Living also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. RTA Outdoor Living may, in appropriate circumstances and at its discretion, remove or disable access to material on the Site, or its network, that infringes upon the copyrights of others. In the event that any visitors to Our website or users of Our network repeatedly infringe on others’ copyrights, We may, in Our sole discretion, terminate those individuals’ rights to use Our website and/or network.
If you believe that your work has been used on Our website or Our network in any manner that constitutes copyright infringement, please notify RTA Outdoor Living in writing.
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content“) is the property of RTA Outdoor Living and/or its affiliates, and is protected by state, federal, and international copyright and trademark laws, or other proprietary rights, where applicable. These rights are protected in all forms, media, and technologies existing now or hereinafter developed. The User may print and download portions of the Content from the different areas of the Site solely for User’s personal, non-commercial, use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of RTA Outdoor Living.
The User may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. The User may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by RTA Outdoor Living. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, copyright, or trademark of RTA Outdoor Living or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any RTA Outdoor Living copyright.
Limitation of Liability
RTA Outdoor Living makes no representations as to its compliance with any local, state or federal laws by creation, maintenance or use of this Site. RTA Outdoor Living shall have no liability or responsibility for any errors, omission, or inaccuracies in the contents of the Site or information flowing through the Site.
RTA Outdoor Living or any other party involved in creating, producing, maintaining, or distributing the site or providing products or services through the site, shall not be liable for any direct, incidental, consequential, special, indirect, or punitive damages including damages for loss profits, goodwill, use, data or other intangible losses (even if RTA Outdoor Living has been advised of the possibility of such damages) that result from one or more of the following: (i) the use of or inability to use the site (ii) the cost of procurement of substitute merchandise and services resulting from any merchandise, data, content or services purchased or obtained or transactions entered into through or from the site; (iii) unauthorized access to or alteration of user’s transmissions or data; (iv) statements, warranties, guarantees or conduct of any third party on the site, including but not limited to statements about the use or functionality of any merchandise purchased through the site; (v) damage or injury to user’s equipment, hardware, software, or data; or (vi) any other matter relating to the site.
User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the site. In no event shall RTA Outdoor Living’s cumulative liability under this agreement to user exceed the lesser amount of any fees paid, if any, by user to RTA Outdoor Living for user’s use of the site. In those states or jurisdictions which do not allow the exclusion or limitation of liability for consequential or incidental damages, RTA Outdoor Living’s liability to User is limited to the least amount permitted by law.
Your Account Obligations
In consideration of the use of the Site User agrees to (i) provide accurate and current information about User as prompted by the Site (the “Registration Information“); and (ii) maintain and update the Registration Information to keep it accurate and current. Further, User affirms and represents that User is over eighteen (18) years old if User is making any purchases via the Site. If User provides any information that is untrue, inaccurate, not current or incomplete, or reasonable grounds exist to suspect that such information is untrue, inaccurate, not current or incomplete, RTA Outdoor Living may, in its sole discretion, suspend or terminate User’s account and decline to permit User’s continued use of the Site and future access to the Site.
The user is responsible for maintaining the confidentiality of User’s password and account number and is fully responsible for all activities that occur via User’s Account Information. User agrees that User’s Account Information may be used by RTA Outdoor Living to attribute an electronic record and electronic signature to User. User understands and agrees that User’s electronic signature or other electronic actions such as clicking on “acceptance” icons or other symbols indicating an intention to accept services or products provided are binding on User. User shall not disclose User’s Account Information to third parties. User agrees to notify RTA Outdoor Living immediately of any unauthorized use of User’s Account Information or any other breach of security. RTA Outdoor Living shall not, in any manner, be responsible or liable for fraudulent purchases that are made using User’s compromised Account Information
No Endorsement of Content and Links to Other Web Sites
Links, if any, to other websites are provided as merely a convenience to the Users of this Site. RTA Outdoor Living does not control all the possible linking or content of any third-party websites to which this Site may be linked. RTA Outdoor Living has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from any such content. RTA Outdoor Living does not endorse, sanction or verify sites to which this Site may be linked or make any representations about these websites, or any information or other products or materials found there, or any results that may be obtained from using them. Access to such other sites is at User’s own risk.
Should any User respond to RTA Outdoor Living with any information, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, RTA Outdoor Living products or services or otherwise (“Comments“), such Comments shall be deemed to be non-confidential. RTA Outdoor Living shall have no obligation of any kind with respect to such Comments and shall be free to reproduce, use, disclose, and distribute the information to others.
Acceptable and Lawful Use of the Site
Any information provided to RTA Outdoor Living in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for RTA Outdoor Living or cause Us to lose the services of Our internet service providers or other suppliers. The user may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail.
Miscellaneous: Sever-ability; Non-Waiver; Assignment; Third-Party Beneficiary Rights
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by RTA Outdoor Living, at any time or times, to require performance of any provision hereof shall in no manner impair RTA Outdoor Living’s right at a later time to enforce such provision. No delay or failure by RTA Outdoor Living in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. The user may not assign User’s rights or delegate User’s responsibilities hereunder without the express written permission of RTA Outdoor Living. However, RTA Outdoor Living, at any time, may assign its rights or delegate its obligations hereunder without notice to User. No person nor a party to this Agreement is intended to be a beneficiary of this Agreement, and no person nor a party to this Agreement shall have any right to enforce any term of this Agreement.
Updates and Modifications
In its sole discretion, RTA Outdoor Living may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. RTA Outdoor Living reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone. If you have any questions about this Agreement, please Contact Us.
RTA Outdoor Living may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if We are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by contacting us.