Terms of Use

Effective: May 1, 2024

This website is provided by Bob Evans Farms, LLC (“Bob Evans Farms”). It may also be provided by one or more of its affiliates. Bob Evans Farms and its affiliates may be referred to collectively as “we” or “us.”

We have designed our website to be useful, informative and fun, and we hope you will let us know how we can make it even better. All we ask in return is that you abide by the terms and conditions that follow. Please read them carefully because by using our website you agree to them.

Thanks for visiting!

ACCEPTANCE OF THE TERMS OF USE

The following terms and conditions, along with the documents that are expressly incorporated by reference (collectively, these “Terms of Use”), together with our Privacy Notice (https://www.bobevansgrocery.com/privacy-and-legal/), govern your access to and use of https://bobevansgrocery.com, including any content, functionality, and services offered on or through https://bobevansgrocery.com (the “Site”). These Terms of Use are entered into by and between you and Bob Evans Farms.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES.

By using the Site, by clicking accept or agree to these Terms of Use when this option is made available to you, or by entering into any documents that expressly incorporate these Terms of Use by reference, you accept and agree to be bound by these Terms of Use and our Privacy Notice. If you do not agree to these Terms of Use or the Privacy Notice, you should not access or use the Site or enter into any such documents.

If you reside in a jurisdiction which restricts the use of online websites or applications according to age, or which restricts the ability to enter into agreements such as these Terms of Use according to age, and you fall within such age limit, you may not enter into these Terms of Use, use this Site, or enter into any such agreements. By using this Site, you are explicitly agreeing that your use of this Site and entering into these Terms of Use are allowed in your jurisdiction.

OUR WEBSITE

Unless otherwise specified, the material on our Site is intended to provide information about Bob Evans Farms and its products, and you may use the Site to obtain such information. You may download and print copies of the materials on the Site for such purposes, and to share such information with others, provided you do not’ delete or change any copyright, trademark or other proprietary notices.

We (or our licensors) retain full and complete title to the Site and all materials on the Site.

IF YOU SUBMIT MATERIAL TO US…

(1) All remarks, suggestions, ideas, graphics or other information that you communicate to Bob Evans Farms through this website becomes and remains our property. This means that…

• We do not have to treat any such submission as confidential.
• You cannot sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
• We will have exclusive ownership of all present and future rights to all submissions.
• If we use them, or anything like them, for any purpose, we do not have to pay you.

(2) You acknowledge that you (and not Bob Evans Farms) have full responsibility for any submission you make, including the message, its legality, reliability, appropriateness, originality, and copyright.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate any other person or entity, including but not limited to, Bob Evans Farms, a Bob Evans Farms employee, or another user (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Bob Evans Farms or other users of the Site, or expose them to any liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other person’s use of the Site.
• Use any robot, spider, or other automatic devise, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any devise, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, ransomware or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

• Disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BOB EVANS FARMS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

INFORMATION ABOUT HEALTH & WELLNESS

Information accessible on this Site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

INTELLECTUAL PROPERTY POLICY

The brand names, characters, slogans, and other trademarks; package designs; and promotions displayed on this Site are owned exclusively by Bob Evans Farms and its affiliates (or their licensors) and may not be used in connection with any product or service in any manner that is likely to cause confusion or in any manner that disparages or discredits Bob Evans Farms or its affiliates. You do not have any right to use any intellectual property displayed on this Site without prior written permission of Bob Evans Farms or its affiliates.

All content on this Site, including the collection, arrangement, assembly and presentation of pages and all logos, text, images, and feeds are the property of Bob Evans Farms or its affiliates and are protected by United States copyright laws and international copyright laws and treaty provisions. Except as provided in these Terms of Use, none of the material provided on this Site may be copied, distributed, republished, reproduced, downloaded, displayed, or transmitted in any form for commercial use without our prior written permission.

LIMITATION ON THESE TERMS OF USE

Any limitations of these Terms of Use are applied only as broad and inclusive as is permitted by law in the State of New Jersey, or any other state that restricts disclaimers, limitations of liability and/or remedies, and similar provisions.

DISCLAIMER OF WARRANTIES

The Site and materials on our Site are provided AS IS and AS AVAILABLE. Your use of this Site is at your own risk. This means that (subject to the exception below) we disclaim all express and implied warranties about the Site and the materials on the Site, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We make no warranties that:

• The materials on the Site are up to date or complete;
• The Site will be uninterrupted or error-free; or
• Our Site or the servers that make them available are free of viruses or other harmful components.
• In certain states, the law may not allow us to disclaim or exclude warranties, so the above disclaimer may not apply to you.

Please see our current nutrition labels for the most current information regarding our products.

THIRD PARTY WEBSITES

This Site sometimes provides links to other websites operated by third parties. We do not endorse or approve any products or information offered at websites you reach through our Site. Check the Uniform Resource Locator (URL) address provided in your browser to see if you are still viewing a website operated by Bob Evans Farms or if you have moved to another website. Your use of any linked website is subject to the Terms of Use and privacy policy imposed by the operator of the linked website.

JURISDICTION

Bob Evans Farms controls and oversees its Site from the company’s offices in the State of Ohio, the United States of America. The materials on the Site may not be appropriate or available for use outside of the United States. If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

ARBITRATION

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS

These Terms of Use and all matters arising out of or in connection with the Site and/or these Terms of Use shall be governed by and interpreted according to the laws of the State of Ohio (without applying its or any other state’s conflict-of-law principles).

Any dispute arising out of or connected with this Site and/or these Terms of Use not resolved amicably between you and Bob Evans Farms shall be resolved exclusively by binding arbitration as follows. You agree to give up your right to go to court to sue or seek relief from us.

• Arbitration shall take place in Columbus, Ohio and shall be administered under the procedures established by the American Arbitration Association or as may otherwise be agreed upon by the parties.
• The party asserting the dispute (the “Petitioner”) shall indicate an intent to commence arbitration hereunder by giving written notice of such intent to the other party (the “Respondent”).
• If the Petitioner and Respondent are unable to resolve the dispute within 15 days following the receipt by the Respondent of the above notice, arbitration shall commence upon the delivery by the Petitioner to the Respondent of a petition complying with the Arbitration Rules of the American Arbitration Association (the “Rules”) and setting forth at a minimum (i) the acts or omissions complained of, (ii) the section(s) of these Terms of Use breached or otherwise involved, and (iii) the relief sought. The Respondent shall respond to such petition in conformity with such Rules and a counterclaim shall be permitted if timely filed and served.
• The arbitration shall be conducted by a single arbitrator in conformance with such Rules except that (i) the Petitioner and Respondent may provide any instructions to the arbitrator(s) which deviate from such Rules as the Petitioner and Respondent may mutually agree, and (ii) unless the Petitioner and Respondent mutually agree otherwise, they shall have the right to conduct discovery in any manner and to the extent authorized by the Federal Rules of Civil Procedure as interpreted by the Federal courts in the State of Ohio.
• If the Petitioner and Respondent are able to agree upon a single arbitrator within 10 days following commencement of the arbitration, such individual shall serve as the arbitrator. If the parties cannot mutually agree upon the selection of an arbitrator within 10 days following commencement of the arbitration, the arbitrator shall be selected in accordance with the rules of the then effective Commercial Arbitration Rules of the American Arbitration Association.
• With respect to any award in arbitration, the arbitrator:
  • shall issue an award in writing which (A) sets forth findings of fact, (B) resolves each specific claim, (C) attaches a reasoned opinion, and (D) is signed by the arbitrator;
• may compel specific performance by the Petitioner or the Respondent of his or its respective obligations under the Terms of Use  or award injunctive relief to restrain any breach of the Terms of Use by a Petitioner or Respondent, in each instance without the necessity of the Petitioner (A) alleging or proving damages as a result of the breach, or (B) posting any bond; provided, however, seeking or obtaining equitable relief shall not preclude a party to the arbitration from also seeking or obtaining an award for money damages in the arbitration; and
  • shall equitably allocate between the Petitioner and Respondent all (A) administrative fees and expenses of the arbitrator(s) and the arbitration, and (B) fees (including reasonable legal fees) and expenses incurred by the prevailing party in the arbitration.
• Judgment upon an award in arbitration may be entered in any court of competent jurisdiction in the United States.

CLASS ACTION WAIVER / VENUE

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You agree that you will resolve any disputes or claims with Bob Evans Farms on an individual basis, and that any claims arising out of or in connection with the Site and/or these Terms of Use will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree not to participate in any consolidated, class or representative proceeding brought by any third party arising out of or in connection with the Site and/or these Terms of Use.

If any court or arbitrator determines that the preceding waiver is void or unenforceable or that arbitration can proceed on a class basis, then the dispute or claim will not be subject to arbitration.

For any dispute or claim that is not subject to arbitration, you consent to exclusive jurisdiction and venue in the federal courts sitting in the State of Ohio, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Columbus, Ohio. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Bob Evans Farms, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

MODIFICATIONS TO THE WEBSITE AND TERMS OF USE

We are entitled to terminate or modify all or a portion of the Site at any time, without notice to you.

We may modify these Terms of Use at any time by updating this posting. If we do so, we’ll also update the effective date at the top of this page. We encourage you to periodically review this page for the latest information on our Privacy Policy.

MISCELLANEOUS POINTS

If any provision of these Terms of Use is unlawful, void or unenforceable, then the unlawful, void or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision and the remaining sections of the Terms of Use shall remain in full force and effect.

No waiver by us of any provision set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term of condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Bob Evans Farms regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the new Site.

CONTACT US

• By telephone: 1-800-939-2338
• By email: BEConsumerRelations@BobEvansFoods.com
• By mail: 8200 Walton Parkway, New Albany, OH 43054