Terms of Service

OVERVIEW
Team Red, White & Blue’s mission is to enrich the lives of America’s veterans by connecting them to their community through physical and social activity through the Offerings (as defined in the “Offerings” section below) made available to our community members.

These “Terms of Service” are a binding contract between the individual accessing or using an Offering (“you”), and Team Red, White & Blue (“we,” “us,” “our” or “Team RWB”). These Terms of Service apply to all users of the Offerings, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU ACCESS OR USE ANY OFFERING. BY ACCESSING OR USING ANY OFFERING, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, CAPACITY, AND AUTHORITY TO ENTER INTO (AND THAT YOU MEET ALL OF THE USER ELIGIBILITY REQUIREMENTS SET FORTH IN) THESE TERMS OF SERVICE; AND (C) ACCEPT AND AGREE WITHOUT RESTRICTION TO BE BOUND BY AND TO COMPLY WITH THESE TERMS OF SERVICE INCLUDING ANY ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN (INCLUDING WITHOUT LIMITATION THE TEAM RWB PRIVACY POLICY). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE ANY OFFERING.


We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. All changes are effective immediately when we post them and apply to all accessing and usage of the Offerings thereafter. Your continued use of or access to our website or the Offerings following the posting of any changes to these Terms of Service constitutes acceptance of those changes. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU AGREE THAT YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF EACH OFFERING.

THE OFFERINGS

These Terms of Service govern your access to and use of each of the following:

  • The website at www.teamrwb.org (the “Website).

  • The Team RWB web and mobile application (the “Application”), which provides a platform for users to communicate, plan and participate in events, and share content.

  • The online e-commerce platform hosted on Shopify, Inc. (the “Store”) that allows us to sell our products and services.

  • All content, features, functionality, services, tools, information, and materials offered on or through each of the foregoing (collectively, “Content”).

  • Any other any other Team RWB online service that links to these Terms of Service.

All of the foregoing are referred to herein collectively as the “Offerings”.

WHO MAY USE THE OFFERINGS

The Offerings Generally

Persons under the age of 13 are not permitted to use the Offerings, regardless of whether a parent or legal guardian has given permission for such use. Use of the Offerings by a person under the age of 13 is a violation of our Terms of Service and could result in legal liability. You must not allow or facilitate the use of the Offerings by anyone under the age of 13. If you learn that your child who is under 13 years old or someone else under 13 years of age is using the Offerings, you may report it to the contact information above in the bullet titled “Help us by Reporting Issues” in the “Community Guidelines” section below. Please refer to “The Store” below for permitted use of the Store.

The Store

In order to purchase products through the Store or the Offerings, you must be the age of majority in your state or province of residence. By using the Store, you represent that you are at least the age of majority in your state or province of residence and have the legal authority to enter into these Terms of Service.

GEOGRAPHY

We make no claim, representation, or warranty that any Offering is accessible, available for use, or appropriate outside the territory of the intended audience. Access to the Offerings may not be lawful by certain persons or in certain countries. If you access any Offering from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws. Nothing herein shall be construed as a solicitation, promotion, or recommendation for any product or for an indication for any product which is not authorized by the laws, rules, and regulations of the country where you reside.


TRANSFER OF INFORMATION

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if Content made available on or through the Offerings is not accurate, complete or current. The Content made available on or through the Offerings is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content is at your own risk.


The Offerings may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content contained on any Offering at any time, but we have no obligation to update any Content on any Offering. You agree that it is your responsibility to monitor changes to our Offerings.


MODIFICATIONS TO THE OFFERINGS AND PRICES

We reserve the right to withdraw, update, or amend any Offering in our sole discretion without notice. We will not be liable in the event that, for any reason, all or any part of any Offering is unavailable at any time or for any period. From time to time, we may restrict or terminate access to all or any part of any Offering to you or any other user.

Prices for our products and services, such as those offered in the Store, are subject to change without notice.

USE OF THE OFFERINGS; LICENSE

Subject to your compliance with these Terms of Service, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Offerings solely for your personal, non-commercial general informational and educational purposes.

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Store (or other Offerings). These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colors and images of our products that appear at the Store (or other Offerings). We cannot guarantee that your computer monitor's display of any color will be accurate.


We reserve the right, but are not obligated, to limit the sales of our products or Offerings to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in any of the foregoing will be corrected.

GIFT CARD PARAMETERS AND LIMITS

General Gift Card Terms 

Unless otherwise required by applicable laws, the gift cards offered through the Offerings or the Store: (i) are not reloadable; (ii) are not redeemable for cash; (iii) do not include any activation fees or added service fees, or fees that reduce the value of the card over time; (iv) include on the face of the gift card the applicable funds/card expiration date of 2 years from the date of issuance unless otherwise specified or a statement that the funds never expire; and (v) are single-use and closed-loop (i.e., the gift card may only be used through Team RWB Offerings for purchase of products and services from Team RWB and no other merchant or company).


Limits. 

Team RWB will not issue a gift card in a denomination greater than $100 USD; provided, however, Team RWB’s supplier of gift cards, may, in its sole and absolute discretion, lower such amount without notice to you. You shall not misuse any gift cards purchased in any way or and ensure that any gift cards you purchase are not the subject of fraud or illegal activity.


ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


For more detail, please review our Returns Policy.


OPTIONAL THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.


You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the Offerings is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


THIRD-PARTY LINKS

Certain content, products and services available via our Offerings may include materials from third-parties.


Third-party links on or through the Offerings may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

COMMUNITY GUIDELINES

These “Community Guidelines” describe our expectations for your use of the Offerings. We reserve the right, but do not assume any obligation, to remove content that does not comply with our Terms of Service and/or suspend, block, or terminate your account at any time, immediately, without notice to you, including if you have failed to comply with any of the provisions of the Terms of Service including the section entitled “Restrictions and Prohibited Uses” below. Further, if we believe that your use of the Offerings violates applicable law or presents a threat to public safety, we have the right to cooperate fully with appropriate law enforcement authorities.

You own the content you share on the Offerings and you should not share anything that you do not own or do not have permission from the owner to share. If you believe any content you have viewed on the Offerings violates these guidelines or if any content you have viewed on the Offerings makes you feel unsafe, please report it via this form. Please refer to our “Personal Information” and “Copyright Policy” sections below for more information.

If you post any content, you hereby:

  • acknowledge and agree that (a) such content is not confidential and not proprietary to you and (b) your provision of such content is gratuitous, unsolicited, and without restriction and does not place us under any fiduciary or other obligation; 

  • grant to us a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content for any and all purposes; and

  • represent and warrant to us that you have all rights and licenses necessary to make the grant made by you above in this section of these Terms or Service, free and clear of any conflicting agreement, adverse claim, or interest of any third party.


Restrictions on Content

  • Only share appropriate content. Content includes anything you might share on the Offerings, including but not limited to photos, images, illustrations, videos, graphics, audio, music, sound recordings, comments, content descriptions, or live streams. While we may allow very limited exceptions to these guidelines in our sole discretion, for example content that is clearly intended as artistic expression, for educational purposes, or to raise awareness about an issue, the following forms of content are not allowed:

    • No Nudity or Sexually Explicit Content. Content that depicts or displays nudity or sexual activities. Explicit or erotic content featuring minors (those under 18) and content that sexually exploits minors is always strictly prohibited.

    • No Violent or Graphic Content. Content that depicts or displays violence or incites others to commit violent acts. This includes violence against humans and animals, as well as self-harm.

    • No Dangerous Content. Content that displays, depicts, encourages, or promotes illegal activities or activities that risk serious physical harm or death. This includes danger or harm with respect to humans and animals.

    • No Hateful Content. Content attacking or dehumanizing, or suggesting or promoting violence or hatred against, individuals or groups based on certain protected characteristics, such as age, race, ethnicity, caste, nationality, immigration status, religious affiliation, sexual orientation, gender, gender identity, disease or disability.

    • No Threats, Harassment or Bullying. Content that threatens, harasses, shames, intimidates or bullies individuals is not allowed, including content that attacks or insults individuals based on protected characteristics, such as age, race, ethnicity, caste, nationality, immigration status, religious affiliation, sexual orientation, gender, gender identity, disease or disability, or other physical traits or personal attributes.

    • Misleading, Deceptive or Fraudulent Content. Content that is intended or could be expected to mislead, deceive, take advantage of, cause confusion, or defraud us or other users. This includes impersonation of other persons or organizations, or making false claims with respect to an affiliation with any person or organization, as well as falsely claiming to be an authority or to have expertise with respect to a particular topic or providing analysis or recommendations that you are not properly licensed or otherwise qualified to provide.

    • Illegal Content. Content that depicts illegal activity such as illicit drug use or criminal activity.

    • Commercial, Marketing or Spam Content. Content or events shared for monetization purposes or otherwise promoting, communicating or facilitating any commercial advertisement or solicitation or spamming. This includes content that sells engagement such as views, reactions, and comments.

Our Expectations for Your Behavior

  • We expect you to help preserve the authenticity of the content and interactions shared on or through the Offerings. This means you should only post original content, provide genuine comments and reactions to content shared by others, and you should not artificially collect reactions, followers, or shares. Do not create fake accounts.

  • Be Respectful. We provide a platform where diverse people can come together to share. It is okay to disagree with others, but you should always do so in a manner that is respectful. Do not attack, threaten, harass, intimidate or bully other users.

  • Obey the Law. It’s your responsibility to know what laws apply to your use of the Offerings. Even if something isn’t illegal or is not regulated by your jurisdiction, there may still be activities that we do not allow and could result in termination of your account or other consequences. For example, you are not allowed to support terrorism, organized crime, hate groups, or human or wildlife trafficking through the Offerings, or use the Offerings to offer for sale or facilitate the purchase of firearms or other weapons, drugs or drug paraphernalia, other controlled substances, sexual services, or live animals.

  • Be Safe. We expect that all users comply with our Terms of Service (including these Community Guidelines), but there may be users on the platform who do not. Don’t share your personal information (for example, date of birth, address, social security number, or credit card information) with anyone. Protect your account information and do not share your password with anyone. Be cautious when organizing in-person events or meetings with persons you’ve connected with through the Offerings that are not sponsored by Team RWB.

  • Event Planning and Attendance. We provide a platform where users can create and plan Team RWB events. Do not use this capability to promote illegal or inappropriate activities or those not in accordance with these guidelines. Additionally, do not use this capability to create any events that directly or indirectly, participate in, advocate for, or intervene in, any political campaign on behalf of, or in opposition to, any candidate for elective public office, including political candidate fundraising events. These events are solely for the purpose of connecting veterans to a community through physical and social activity. While attending any Team RWB events, do not attack, threaten, harass, intimidate, or bully other individuals at the event.

  • Help Us by Reporting Issues. The safety of our users is our top priority. If you see any members, content, or behavior on the Offerings or at a Team RWB event that doesn’t comply with these Community Guidelines or our Terms of Service, is illegal, or presents a threat to your safety or the safety of others, please report it to us via this form, and/or your local law enforcement authorities. If contacted by law enforcement, we can and will cooperate with them to address issues that you have reported.


USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Offerings or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. By submitting or providing us access to your personal information, you agree that Team RWB, its affiliates, and subsidiaries, may process your Personal Information as permitted by our Privacy Policy. 

YOUR ACCOUNT

Certain Offerings may allow or require you to create an account on or through such Offering. If you create an account, you are responsible for maintaining the confidentiality of your account information. You should treat your account information (including your username and password) as confidential. You acknowledge that your account is personal to you and agree not to provide any other person access to any Offering or any portion thereof, including through the use of your username, password, or other access credentials. You agree to accept responsibility for all activities that occur on or through your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security relating to your account or otherwise to your use of any Offering. We hereby disclaim any and all liability relating to or arising from any unauthorized access to or use of your account. We reserve the right to disable your account with or without notice to you at any time and for any reason, in our sole discretion.


ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Offerings that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Offerings or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Offerings or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Offerings or on any related website, should be taken to indicate that all information in the Offerings or on any related website has been modified or updated.

RESTRICTIONS AND PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you shall not, and you shall not permit or encourage any person or entity to, do any of the following:

  • reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Offering or any portion or copy thereof;

  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive, view, access, use, or gain access to the source code of any Offering;

  • remove, delete, alter, or obscure any trademark or any copyright, trademark, or other intellectual property or proprietary right notice from any Offering, including any copy thereof;

  • rent, lease, loan, lend, sell, license, assign, distribute, publish, transfer, or otherwise make available any Offering, including any feature or functionality of any Offering, to any person or device for any reason, whether voluntarily, by operation of law or otherwise, including by making any Offering available on or through any network or otherwise making any Offering capable of being accessed by more than one person or device at any time;

  • access or use any Offering for purposes of benchmarking, comparative, or competitive analysis of any Offering (or any other product or service of Team RWB or any of its affiliates), developing, using, or providing any product or service competitive with or intended to be competitive with any Offering (or any other product or service of Team RWB or any of its affiliates), or for any other purpose that is to Team RWB’s or any of its affiliates’ detriment or commercial disadvantage;

  • use any Offering in any way that (a) infringes, misappropriates, or violates any intellectual property, proprietary, or other right of any person or (b) violates or promotes the violation of any applicable federal, state, local, or international law, rule, or regulation (including any law regarding the export of data or software to or from the United States or any other country);

  • use any Offering to stalk, harass, threaten, or engage in predatory behavior toward another user or any other person or post any information that is harmful, offensive, abusive, tortious, profane, indecent, sexually explicit, hateful, or racially, ethnically, or otherwise objectionable (as determined by Team RWB in its sole discretion) or otherwise use the Offerings for any obscene or immoral purpose;

  • use any Offering to transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation or to impersonate or attempt to impersonate Team RWB, any Team RWB affiliate, employee or contractor, another user, or any other person or entity (including by using any email address or username associated with any of the foregoing);

  • use any Offering in any manner that could disable, overburden, damage, or impair any Offering or interfere with any other person’s use of any Offering, including such person’s ability to engage in any activity through any Offering, or engage in any other conduct that restricts or inhibits anyone’s access to or use or enjoyment of any Offering or which, as determined by us in our sole discretion, may harm Team RWB, any of its affiliates, or any user of any Offering or expose any of the foregoing to liability;

  • use any robot, script, spider, or other automatic device, process, or means to access any Offering for any purpose, including monitoring or copying any Content available on or through any Offering;

  • introduce to any Offering any virus, trojan horse, worm, logic bomb, or other code or material that is malicious or technologically harmful or otherwise use any device, software, or routine that interferes or is designed to interfere with the proper working of any Offering;

  • attempt to gain unauthorized access to, interfere with, damage, disrupt, or otherwise interfere with the proper working of any Offering, the server on which any Offering is stored, or any server, computer, network, environment, or database connected to or used with any Offering; 

  • attack any Offering via a denial-of-service attack or a distributed denial-of-service attack; or

  • to collect or track the personal information of others.

If you print, copy, modify, download, install, access, or otherwise use any Offering in breach of these Terms of Service, your right to use the Offerings will cease immediately and you must immediately cease all access to and use of the Offerings and promptly permanently delete each copy of any Offering in your possession or control. 

RESERVATION OF RIGHTS AND TRADEMARKS

The Offerings (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Team RWB, its licensors, or other providers thereof and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. No right, title, or interest in or to any Offering is transferred or assigned to you, except for the limited license expressly granted under the “Use of the Offerings; License” section of these Terms of Service. All rights not expressly granted are reserved by Team RWB. Any use of any Offering not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Our name, and all related names, logos, product and service names, designs, and slogans appearing on or in connection with the Offerings are trademarks of Team RWB or one of its affiliates or licensors. You may not use any such trademark without the prior written permission of Team RWB. All other names, logos, product and service names, designs, and slogans appearing on or in connection with the Offerings are the trademarks of their respective owners.

COPYRIGHT (DMCA) POLICY

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from any of the Offerings infringe your copyright, you may request removal of those materials (or access to them) from the Offerings by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Offerings, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Margaret Britten

Team Red, White & Blue

198 14th Street NW

Atlanta, GA 30318

Phone: 978.833.3952

Email: margaret.britten@teamrwb.org

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, our DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Offerings is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE OFFERINGS IS AT YOUR SOLE RISK. THE OFFERINGS AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE OFFERINGS ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.


IN NO CASE SHALL TEAM RWB, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE OFFERINGS OR ANY PRODUCTS PROCURED USING THE OFFERINGS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE OFFERINGS OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE OFFERINGS OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OFFERINGS, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCE SHALL TEAM RWB’S MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE IN THE AGGREGATE EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU SPECIFICALLY FOR THE PRODUCTS OR SERVICES PURCHASED THROUGH THE OFFERINGS; OR (B) $100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND, SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


INDEMNIFICATION
You agree to indemnify, defend and hold harmless Team RWB and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
These Terms of Service are effective unless and until terminated by us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may deny you access to the Offerings at any time without notice and you will remain liable for all amounts due up to and including the date of denial of the Offerings.


HEADINGS; CONSTRUCTION

The headings used herein are for convenience only and will not limit the interpretation of any section hereof.  For purposes of these Terms of Service, the word “including” and words of similar import means “including, without limitation”.

ENTIRE AGREEMENT; WAIVER

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service (including all other material terms incorporated herein) and any policies or operating rules posted by us on this site or in respect to the Offerings constitutes the entire agreement and understanding between you and us and govern your use of the Offerings, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you any Offerings shall be governed by and construed in accordance with the laws of the State of Georgia.


CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@teamrwb.org.