This is an agreement between Rudolph's, Inc. and users of its web site located in the rudolphtire.com Internet domain from which it offers a business-to-business electronic commerce facility and various other services from time to time (Service). In using this Service, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Service.
Rudolph's, Inc. does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Service, nor does Rudolph's, Inc. accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Service.
Rudolph's, Inc. and/or its suppliers disclaim all express and implied warranties with regard to the information services and materials contained on this site, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.
Exception to disclaimer
The disclaimer set out in these terms and conditions is not affected or modified by any of the other terms and conditions set out below. Nevertheless, the disclaimer does not attempt or purport to exclude liability in relation to any term implied by law which cannot be lawfully excluded.
Limitation of liability
In no event shall Rudolph's, Inc. be liable for any direct, indirect, incidental, special consequential or punitive damages whatsoever, resulting from the use or inability to use the Service, even if advised of the possibility of such damages. Nothing in these terms and conditions shall restrict or limit the effect of any conditions or warranties implied by the law that cannot lawfully be excluded or modified by the agreement.
You agree to indemnify, defend and hold harmless Rudolph's, Inc., its affiliates and/or suppliers from any liability, loss, claim, and expense (including legal fees) related to your violation of this agreement.
You must ensure that your access to this Service is legal in your jurisdiction, and without limitation you bear responsibility for payment of any taxes or charges levied by that jurisdiction on any dealings you may transact using the Service, except as expressly specified by Rudolph's, Inc. prior to your entry into a transaction with it.
You must take your own precautions to ensure that the process which you employ for accessing this Service does not expose you to risk of viruses or other forms of interference which may damage your own computer system. Rudolph's, Inc. does not accept responsibility for any interference or damage to your own computer system which arises in connection with your access to this Service or any linked systems.
Rudolph's, Inc. does not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained in the Service.
Security of information
Rudolph's, Inc. has implemented measures to protect the security of the information entered on its web site; however, it does not warrant and cannot ensure the absolute security of such information. Accordingly, any information which you transmit to the web site is transmitted at your own risk, and any information which Rudolph's, Inc. transmits is transmitted without warranty as to its security. Rudolph's, Inc. promises to take reasonable steps to preserve the security of information sent or received using the Service to the extent that such security is within its control.
Termination of access
Access to the Service may be terminated at any time by Rudolph's Inc without notice. Rudolph's, Inc.'s disclaimer will nevertheless survive any such termination. Should your access to the Service be terminated prior to the expiration of any period for which you have paid fees for access to the Service, a pro rata refund of those fees may be paid to you by us at Rudolph's, Inc.'s sole discretion.
You may not assign the benefit of this contract or the Service to any other person without prior written consent from Rudolph's, Inc.
Waiver not to affect rights
If Rudolph's, Inc. fails to enforce its rights under this contract or to require you to comply with any of your obligations under this contract, this shall not prevent Rudolph's, Inc. from enforcing those rights in the future or taking advantage of any remedies that it may as a result of your breach.
These terms and conditions are governed by the laws in force in the Commonwealth of Kentucky, United States of America, and any dispute shall be heard by the courts and tribunals having jurisdiction in that Commonwealth.