BobEvans.com Site Use Terms and Conditions
The following Site Use Terms and Conditions apply to all visitors to or users of (“you” or “your”): i) the Bob Evans Farms, Inc. website currently located at www.bobevans.com or ii) any microsites operated by Bob Evans Farms, Inc. or any of its affiliates (“Bob Evans”, “we”, “us” or “our”)(collectively, the “Website”).By using the Website, you agree to be bound by these Site Use Terms and Conditions, as they may be modified by Bob Evans at any time and posted on the Website. Please check these Site Use Terms and Conditions periodically for changes. Your continued use of the Website following such changes to these Site Use Terms and Conditions will mean you accept those changes. Bob Evans reserves the right to discontinue any aspect of the Website at any time.
You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with these Site Use Terms and Conditions or your use of the Website and related services (collectively, “Notices”), electronically (e.g., e-mail) from Bob Evans or by other means to other address(es) that you have provided Bob Evans. You agree that Bob Evans may send you electronic Notices by (a) e-mail to an e-mail address you provide or have provided to Bob Evans, and/or (b) by posting the Notices on a main page of the Bob Evans Website or other Web page designated by Bob Evans for this purpose. You must check your designated e-mail address regularly for Notices from Bob Evans. The delivery of any Notice from Bob Evans is effective when sent (or posted) by Bob Evans, regardless of whether you read the communication when you receive it.
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In connection with the creation, hosting, maintenance and/or display of the Website, including the services and product features and offerings at the Website, Bob Evans uses certain Bob Evans proprietary materials or other materials licensed to Bob Evans, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, video, audio (which could also include music and lyrics), User Submissions (as defined below), trademarks, service marks and trade names (collectively, “Materials”) that are protected by copyright and trademark laws and other U.S. and international laws and treaties. Such Materials may be used by you solely for your informational and personal, noncommercial purposes. No right, title or interest in the Materials is conveyed to you, except as expressly provided herein. Your limited license to use the Materials is further subject to the following restrictions: (1) except as expressly provided, you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Website or any of its Materials without our prior written permission; (2) you may not access or use the Website for any purpose that competes with Bob Evans; and (3) you must retain all copyright and other proprietary notices contained on the Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Materials is strictly prohibited. Bob Evans may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Bob Evans. You acknowledge that your use of Materials may require the use of other hardware and software products and that such hardware and software is your responsibility. You agree not to access any of the Materials through any technology other than the authorized means at the Website or other explicitly authorized means Bob Evans may designate.
Bob Evans retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Bob Evans and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Website. Your misuse of the trademarks displayed on the Website is strictly prohibited. You are also advised that Bob Evans will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Members of the news media may use the downloadable photographs, logos, and other materials provided in our media center for news reporting purposes.
Throughout this website, reference is made to the trademarks of third parties. Bob Evans does not possess, nor does it claim, any ownership rights in these trademarks. Coca-Cola, Coke, Diet Coke, Cherry Coke, Sprite and Hi -C are registered trademarks of The Coca Cola Company. Barq's is a registered trademark of Barq's Inc. Hershey's and Reese's are registered trademarks of Hershey Chocolate and Confectionary Corporation. Kraft and design and Oreo are registered trademarks of Kraft Foods Global Brands, LLC. Quaker is a registered trademark of The Quaker Oats Company. Smuckers is a registered trademark of The J. M. Smucker Company. Twinings is a registered trademark of Twinings, Inc.
Bob Evans and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords or in search engine tags or links is trademark infringement, and the use of trademarks or names in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on our Website is prohibited without our express written permission. Framing, inline linking or other association of our Website or its materials with links, advertisements and/or other information not originating from our Website is also prohibited. You are also advised that we and our affiliates will enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
The Website may from time to time permit the submission of user-submitted text, artwork, photographs, recipes, product ideas, video, audio, and images (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Bob Evans does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.
By submitting User Submissions, you hereby grant to Bob Evans an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Bob Evans shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Bob Evans does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein.
In connection with User Submissions, you affirm, represent, and warrant to Bob Evans that: (i) the content of your User Submissission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Bob Evans as set forth above; (iii) use of your User Submission(s) on the Website or otherwise by Bob Evans, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Bob Evans to utilize the User Submission(s) without compensation or objection. For clarity, Bob Evans does not claim ownership of your User Submissions.
You further agree that you will not submit any material, communications or content that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to do the same and to grant Bob Evans all of the license rights granted herein.
Bob Evans does not permit copyright infringing activities on the Website, and Bob Evans may remove any Materials if properly informed that any such Materials infringe on another’s copyright rights. Bob Evans will terminate a user’s ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.
Bob Evans also reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Site Use Terms and Conditions and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions. Bob Evans reserves the right to terminate your access to the Website for uploading or attempting to upload such material in violation of the foregoing.
It is our general policy not to accept any unsolicited suggestions for product improvements, new product ideas, recipes or marketing ideas from outside the company. Any unsolicited suggestions or information you send us will be treated as non-proprietary and non-confidential and will become the property of Bob Evans Farms, Inc. for use without compensation in our sole and unlimited discretion. By submitting product ideas or recipe(s) to us, you are irrevocably licensing to us the unrestricted right to copy, modify, publish and publicly distribute that product idea and/or recipe, with or without naming you as the author or contributor, in our discretion. If you do not agree with the foregoing, please do not submit, forward or send us any product ideas or recipes.
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Bob Evans, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or Bob Evans’ related services and products.
If you are a copyright owner or an agent thereof and believe that any Material (including any User Submission) infringes upon your copyrights, you may notify Bob Evans by providing the following information in writing:
Our agent for notice of claims of copyright infringement can be reached as follows:
Bob Evans General Counsel 8111 Smith's Mill Road New Albany, Ohio 43054
email@example.comSubject line of the email must indicate ATTN: General Counsel.
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
As a courtesy to you, we may provide links or references to websites which are not operated or controlled by us. Please keep in mind that we will not be responsible for the information, products or services provided on such other sites and will not be liable for any damages arising from your access to such sites. The inclusion of any such links in our Website does not imply an endorsement of any other party’s site or its content.
BOB EVANS DOES NOT PROMISE THAT THE WEBSITE OR ANY MATERIALS, CONTENT, SERVICES, PRODUCTS OR FEATURES OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS ARE PROVIDED TO VISITORS AND USERS “AS IS” AND “AS AVAILABLE.” BOB EVANS HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, and in such jurisdictions, the foregoing disclaimer may not apply to you.
You understand that, when viewing or otherwise using the Website, you may be exposed to Materials from a variety of sources, and that Bob Evans is not responsible for and disclaims all liability relating to the accuracy, usefulness, appropriateness, safety, or intellectual property rights of or relating to such Materials. You further understand and acknowledge that you may be exposed to Materials that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bob Evans with respect thereto.
IN NO EVENT SHALL BOB EVANS BE LIABLE TO YOU OR ANY ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, MATERIALS, CONTENT OR ANY OTHER RELATED SERVICES OR PRODUCTS, OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION, MATERIALS OR CONTENT UPLOADED, AVAILABLE FOR VIEWING, AND/OR DOWNLOADED, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORIES OF LIABILITY EVEN IF BOB EVANS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted, and in such jurisdictions, the foregoing limitations on liability may not apply to you.
These Terms and Conditions shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to these Terms and Conditions or your use of the Website, including related services or products.
The Website is controlled and offered by Bob Evans from its facilities in the United States. Bob Evans makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify, defend and hold harmless Bob Evans, its affiliates, officers, directors, employees, agents, successors and assigns, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from or related to: (a) your use of the Website; (b) your violation or breach of any material term of these Site Use Terms and Conditions; or (c) your violation of any third-party right, including without limitation any copyright, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive these Site Use Terms and Conditions and your use of the Website.
You may only use the Website for noncommercial purposes. These Site Use Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bob Evans without restriction. If any of these terms or conditions shall be deemed invalid or unenforceable for any reason, the remainder of these terms and conditions shall remain enforceable and unaffected thereby. In the event of a violation of these Site Use Terms and Conditions, Bob Evans reserves the right to seek all remedies available by law or in equity. All rights not expressly granted are reserved and retained by Bob Evans Farms, Inc.