Conditions of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.

By using the Website or by using the services which are made available on this site, including the ability to order products offered on the site (“the Service”), you agree to be bound by these Terms of Use as they may be amended from time to time. Any reference to the “Website” includes the Service made available on the Website. Rudolph Foods Company, Inc. (“Rudolph”) reserves the right to amend these Terms of Use at any time by posting the amended terms to the Website. Your continued use of the Website constitutes acceptance of the amended terms. If you do not agree with these Terms and Conditions (as amended from time to time) or are dissatisfied with the Website, your sole and exclusive remedy is to discontinue using the Website.

Intellectual Property Ownership and Use:

The materials hosted on the Website are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized to use the content on the Website only for purposes of entering the contest referred to therein and/or using the Service. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of these materials without the prior written consent of Rudolph, except that you may store copies of such materials temporarily in RAM and may store files that are automatically cached by your web browser for display enhancement purposes, and you may print a reasonable number of pages for your internal use; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with Rudolph or the applicable owner of such content. See also the Website contest rules for further information concerning the ownership of all contest submissions to this Website.

Rudolph Foods logo, the Rudolph's logo, the Pepe’s logo, the Southern Recipe logo, the Grandpa John’s logo, the Rudy’s logo and the Smithfield Farms logo and all related product and service names, designs, and slogans are the trademarks or service marks of Rudolph Foods. All other product and service marks on this site are the trademarks of their respective owners.

Use of rudolphfoods.com Website; Uploading Information:

You agree to use the Website only for lawful purposes. You understand that your use of the Website is subject to this site’s Privacy Policy, which is a part of these Terms of Use. You agree not to do any of the following: (i) upload to or transmit on the Website any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the Website to violate the legal rights (including the rights of publicity and privacy) of others; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; or (v) restrict or inhibit other users in their use of the Website or the Service.

Rudolph Foods reserves the right, but does not assume any responsibility, to remove from the Website any material posted by you which Rudolph, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Rudolph has been notified, or has reason to believe, constitutes a copyright infringement. However, Rudolph can neither review all material prior to transmission on the Website nor ensure prompt action with respect to objectionable material after it is transmitted on the Website. Accordingly, Rudolph Foods assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. Your failure to comply with the above provisions may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.

Users and Security:

The Website is intended for access and use by those interested in entering the contest referenced therein or utilizing the Service. You may need a User ID and password to access and use certain parts of the Website. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your user ID, password and codes (collectively, “IDs”) assigned to you, (2) not allowing another person to use your IDs, (3) any charges or damages that may be incurred as a result of your failure to maintain the strict confidentiality of your IDs, and (4) promptly informing Rudolph in writing of any need to deactivate an ID due to security concerns. Rudolph is not liable for any harm related to the theft of IDs, your disclosure of IDs, or you allowing another person or entity to access and use the Website using IDs. You shall immediately notify Rudolph of any unauthorized use of IDs.

Fees:

You agree to pay all fees as set forth on the Website for the Service. You shall pay such fees to Rudolph via an accepted valid credit card or, if approved by Rudolph, by invoice payment within thirty (30) days of receipt. Disclaimer and Limitation of Liability:

THE WEBSITE AND INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Neither Rudolph nor any person associated with Rudolph makes any warranty or representation with respect to the quality, accuracy or availability of the Website. Specifically, but without limiting the foregoing, neither Rudolph nor anyone associated with Rudolph warrants or represents that the Website or the information provided on that Website will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the Website or the server that makes it available are free of viruses or other harmful components; or that the Website will otherwise meet your needs or expectations.

RUDOLPH DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL RUDOLPH OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE WHETHER SUCH DAMAGES RESULT FROM DELAY OR INTERRUPTION IN SERVICE; VIRUSES; DELETION OF FILES OR ELECTRONIC COMMUNICATIONS; ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR THE CONTENT TRANSMITTED ON THE WEBSITE; OR ANY OTHER CAUSE. THE FOREGOING DISCLAIMERS SHALL APPLY WHETHER OR NOT THERE IS NEGLIGENCE BY RUDOLPH AND WHETHER OR NOT RUDOLPH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME OF THE FOREGOING EXCLUSIONS ARE NOT PERMITTED IN CERTAIN STATES OR COUNTRIES, AND MAY NOT APPLY TO YOU.

Indemnification:

You agree to indemnify and hold harmless Rudolph, their affiliates, agents, third-party information providers, third-party technology providers, merchants, licensors and others involved in the delivery of the Website or the delivery of the Service or information over the Website, and their respective officers, employees and directors, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation by you of these Terms of Use or otherwise arising out of your use of the Website.

Compliance:

This site is operated from a site in the State of Ohio, USA. Rudolph makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you are responsible for complying with local laws.

Contact:

Please contact us via email at info@rudolphfoods.com or via phone at 419-648-3611 if you become aware of any content that you believe to be in violation of these Terms of Use, including without limitation, claims that any content on the Website infringes the intellectual property rights of a third party.

Notices:

Any document transmitted to a party or agreement between the parties, whether in hard copy or electronic format, shall be considered to be a “writing” or “in writing.” Any such document or agreement shall be deemed for all purposes (a) to have been “signed” and (b) to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. The conduct of the parties pursuant to these Terms of Use shall, for all legal purposes, evidence a course of dealing and a course of performance accepted by the parties in furtherance of these Terms of Use. The parties agree not to contest the validity or enforceability of documents or agreements under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby. Such documents or agreements, if introduced as evidence on paper in any judicial, arbitration, or other proceeding, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility of copies of electronically-transmitted documents or agreements under either the business records exception to the hearsay rule or the best evidence rule on the basis that such documents or agreements were not originated or maintained in documentary form.

Miscellaneous:

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Ohio, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Rudolph with respect to the Website except as may be amended by the Contest Rules for the contest referred to on the Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. For purposes of the contest, to the extent these Terms of Use conflict with the contest rules, the contest rules will prevail. Any cause of action you may have with respect to the Website or the contest must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Website (including the contest) shall be in the state or federal courts located in Allen County, Ohio. You agree to submit to the jurisdiction of such courts.

Rudolph may discontinue or alter any aspect of the Website (including the contest) or the Service, including, but not limited to, (i) modifying or changing the scope of either; (ii) restricting access to either if Rudolph believes there has been a breach of these terms and conditions, including without limitation for non-payment of fees; and (iii) discontinuing or replacing certain content provided by third parties if such content is no longer made available to Rudolph, at Rudolph’s sole discretion and without prior notice or liability.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

Rudolph’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Rudolph nor any trade practices shall be deemed to modify these Terms of Use.