Terms of Use

Last Updated: June 29, 2020

Introduction

Please read the following carefully to understand the terms applicable to your use and/or purchase of our goods and/or services.

By accessing and browsing any Rinckey Foods website (including, without limitation, mobile websites, and all subsidiaries and affiliate websites) on which these terms reside (collectively the “Site”), you accept, without limitation or qualification, the terms, conditions, policies and notices contained on this page (“Terms”).

RINCKEY FOODS, LLC (“Rinckey Foods”, “we”, “us” and “our”) may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that Rinckey Foods will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. You further agree that Rinckey Foods will not be liable for any modification or suspension of the Site. 

Any new features or tools which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Eligibility

Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your services.

Health Related Information

Information accessible on the Site is for information only and is not intended to be a substitute for professional medical advice. Rinckey Foods does not endorse or warrant the validity of any such health related statements contained on the Site or any such information contained in third party sites referenced in the Site. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the website through which the service is provided, without express written permission by us.

The headings and section titles used in this agreement are included for convenience only and have no legal or contractual effect.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site 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 material on the Site is at your own risk.

Modifications to the Site and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.

Products or Services (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 services 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 the 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 the Site will be corrected.

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.

Payment

Customer agrees to compensate Rinckey Foods for any goods or services ordered through this Site at the original purchase price. ex. promotions, distributors, etc.

Taxes & Shipping

You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Site, including any local taxes in your jurisdiction.

Errors, Inaccuracies and Omissions

Occasionally there may be information on the Site 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 Site 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 Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

DISCLAIMER

We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site 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.

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

EXCLUSION OF LIABILITY

NEITHER RINCKEY FOODS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OWNERS, MEMBERS, OFFICERS, DIRECTORS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES or INJURIES THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY RINCKEY FOODS SITE AND YOUR USE OF ANY RINCKEY FOODS SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY RINCKEY FOODS SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. RINCKEY FOODS DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY RINCKEY FOODS SITE.

RINCKEY FOODS IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, RINCKEY FOODS IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

RINCKEY FOODS’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.

INDEMNIFICATION

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, owners, members, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO RINCKEY FOODS, AS WELL AS HOLD RINCKEY FOODS HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS’ FEES, OR ANY OTHER EXPENSES WHATSOEVER WHICH RINCKEY FOODS MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, ITS PERFORMANCE UNDER THIS AGREEMENT, OR YOUR USE OF THE APPLICABLE SITES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM RINCKEY FOODS SOLE OR COMPARATIVE NEGLIGENCE.

Intellectual Property

Both parties agree that Rinckey Foods is the sole owner of its Sites and all their contents, and that said Sites and contents constitute valuable intellectual property. You promise not to use Rinckey Foods Sites, nor its contents for any use, other than informational purposes intended by Rinckey Foods or to purchase goods and/or services. You promise not to make any copy or colorable imitation of Rinckey Foods Sites for any purpose whatsoever. You agree that in the event of a breach or threatened breach by you of the terms and conditions of this paragraph, you agree that Rinckey Foods shall be entitled to a Temporary Restraining Order and/or a Permanent Injunction restraining you from breaching or attempting to breach, in whole or in part, any confidentiality, or intellectual property covenant set forth above. Rinckey Foods may pursue such injunctive remedies in addition to any other legal remedy. Nothing herein shall be construed as prohibiting Rinckey Foods from pursuing any other remedies available to Rinckey Foods for such breach or threatened breach, including the recovery of damages from you. Any indulgence by Rinckey Foods under this Section shall not be construed to be a waiver of any of its rights hereunder.

Site Security 

In addition to other prohibitions as set forth in the Terms, you are prohibited from violating or attempting to violate the security of the Site, including without limitation,: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, political orientation, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose;  (k) to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing;  (l) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (m) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (n) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.  Violations of system or network security may result in civil or criminal liability. Rinckey Foods may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

A breach or violation of any of the Terms will result in an immediate termination of your services.

Links to Third Party Sites 

The Site may contain links to other Internet sites not under the ownership or editorial control of Rinckey Foods. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by Rinckey Foods of any products, services, advice or information available from such sites. Rinckey Foods does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release Rinckey Foods and its subsidiaries, affiliates, owners, members, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of Rinckey Foods. Check the Uniform Resources Locator (“URL”) address provided in your Worldwide Web browser to see if you are still in a Rinckey Foods Site or have moved to another third-party site.

Privacy 

Your use of the Site is also subject to the Rinckey Foods Privacy Policy (the “Privacy Policy”). Rinckey Foods hereby incorporates the entirety of that Privacy Policy into these Terms.

Revisions to the Terms 

Rinckey Foods may at any time, in its sole discretion and without notice, revise or modify these Terms or the Privacy Policy. You are bound by any such revisions and should periodically visit this Site to review the current Terms and Privacy Policy pages. 

Applicable Law; Jurisdiction and Venue

These Terms and your use of the Site are governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts of Hamilton County in the State of Tennessee and the United States District Courts for the Eastern District of Tennessee, Chattanooga.

General Terms

These Terms constitute the entire agreement between you and Rinckey Foods and governs your use of any Rinckey Foods Site. The failure of Rinckey Foods to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Terms and the surviving terms shall remain in full force and effect. Any claims arising under these Terms must be brought within one (1) year after such claim or action or action arose or be forever barred.

Questions and Concerns

If you have any questions about the Terms of Use, please email us at legal@rinckeyfoods.com

For all other questions, please visit our Contact page.