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.
Rudolph's, Inc. and/or its suppliers may make improvements or
changes to the Service and other information and materials on this site, at any
and such modifications shall be effective immediately upon posting of the
periodically, and your continued access or use of the Service shall be deemed
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
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.