Terms of Use

Date of Last Revision: June 14, 2023

Welcome to the Rural King Web Site ("Site"). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").

I. INTRODUCTION

These terms of use are entered into by and between You ( the “user,” “end-user,” or “consumer”) and RK Holdings, LLP and its subsidiaries, divisions, affiliates, brands, and other Rural King companies that follow these Terms of Use, including RKguns.com, RKtractors.com (collectively, "Rural King," "our," "us," or "we”.) By using the Rural King Sites (“Website(s)”), you accept and agree to be bound by these Terms of Use and our Privacy Policy, which are incorporated herein by reference. If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Website. Your continued use of the site will act as acceptance of these terms.

We reserve the right to withdraw, or amend this Website, and any service, or any material we provide on the Website, in our sole discretion, with or without notice, at any time. We will not be liable if, for any reason, all or any part of the Website is unavailable. From time to time, we may restrict access to some parts of the Website, the entire Website, or to specific users, including registered users.

II. YOUR USE OF THE RURAL KING SITES

You are responsible for both:

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
Making all arrangements necessary for you to have access to the Website.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, or password, or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We have the right to disable any username, password, PIN, or other identifier, whether chosen by you or provided by us, at any time, and in our sole discretion. Rural King is not responsible for any losses arising out of the unauthorized use of your account. You agree that Rural King does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Rural King Sites. You agree that Rural King is not a party to any such agreement, nor is Rural King responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion.

In connection with the Rural King Sites, you will not:

Make available through or in connection with the Rural King Sites any virus, worm, Trojan horse, spyware, or other computer code, file or program that is or is potentially harmful, invasive, or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
Use the Rural King Sites for any commercial purpose, or for any purpose that is fraudulent, or otherwise unlawful. This includes creating fraudulent websites that mimic the Rural King website(s), infringe on protected intellectual property, and/or otherwise use Rural King material and our source material to effectuate a crime. This includes the code used to compose, write, or create the website, its features, products, or hyperlinks. If source material is obtained without permission, the Party responsible will be liable for monetary damages in a court of competent jurisdiction.
Gather or collect information about the users of the Rural King Sites.
Interfere with or disrupt the operation of the Rural King Sites or the systems, servers, or networks used to make the Rural King Sites available, including by hacking or defacing any portion of the Rural King Sites; decompiling or reverse engineering, or violating any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Rural King Sites.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, distribute, or otherwise exploit any portion of the Rural King Sites, except as expressly authorized in these Terms of Use, without Rural King’s prior written consent.
Remove any copyright, trademark, or other proprietary rights notice from the Rural King Sites.
Frame or mirror any portion of the Rural King Sites, or otherwise incorporate any portion of the Rural King Sites into any product or service, unless you obtain Rural King’s prior written consent to do so.
Systematically download and store any Rural King materials.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any materials or reproduce or circumvent the navigational structure or presentation of the Rural King Sites, without Rural King’s express prior written consent.
Violate any law, rule, or regulation, or these Terms of Use.
You will not use the Rural King Sites or Rural King’s name, logo, or brand to send any unsolicited or unauthorized content, including advertising, promotional materials, email, or other form of solicitation. Nor will You use any meta tags, hidden text, or metadata utilizing a Rural King trademark, logo, URL, or product name without Rural King’s written consent.

III. YOUR SUBMISSION OF CONTENT AND IDEAS TO THE RURAL KING SITES

A. Submitting Content and Ideas

You acknowledge and agree that you are responsible for any content and ideas you make available in connection with any Rural King Site. You also represent and warrant that you have the authority to grant the rights as set forth in these Terms of Use; and the use of such content and ideas will not violate any provision within these Terms of Use. This means you will be responsible for the legality, accuracy, appropriateness, and originality contained within any such content and ideas.

B. Rural King’s Rights to Use Content and Ideas

You grant to Rural King a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display (publicly or otherwise) any content that you make available. This license covers any media or medium, form, format, or forum now known, or hereafter developed. Your license grant explicitly indicates that Rural King is free to use any ideas, and for any purpose. Rural King may sublicense its rights in content and ideas through multiple tiers of sublicenses. Rural King is, and will be, under no obligation to maintain any content or idea in confidence or compensate You for the content. You grant Rural King the right to use any name associated with any content or idea that you make available to Rural King, although Rural King has no obligation to exercise such right, or to otherwise provide any attribution for any content or idea.

C. Prohibited Content

You agree that you will not make available content or written material in connection with the Rural King Sites that:

would infringe on the rights of others (including Rural King), such as any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
is obscene, lewd, indecent, pornographic, or otherwise objectionable;
is inaccurate, false, fraudulent, or misleading;
contains confidential information or personally identifiable information of yourself or others;
violates any local, state, federal, or international laws;
is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person, or entity, as determined by Rural King in its sole discretion;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, gender, sexual orientation, race, ethnicity, age, or disability;
is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Rural King;
impersonates another business, person, or entity, including Rural King, its related entities, employees, and agents;
is intended to cause harm, damage, disable, or otherwise interfere with the Rural King Sites or our partners.

Rural King will also have the right, in our sole discretion, to edit, move, delete, or refuse to make available any content or material made available through, the Rural King Sites, for any reason. Despite this right, You are solely responsible for any content or material you make available, and you agree to indemnify Rural King for all claims resulting from any content or material you make available.

If you find an error or notice something that is out of place or forbidden on the Rural King Sites, please contact us here. THE RURAL KING ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OUTLINED.

IV. WEBSITE ACCESSIBILITY

Accessibility, diversity, and inclusion are fundamental values at Rural King. RK Holdings, LLP and its affiliates strive for our websites and mobile applications to be accessible to all. We are continually working to conform our sites to the standards set out in the Web Content Accessibility Guidelines (WCAG) version 2.1 or other standards to the extent required by the Americans with Disabilities Act ("ADA") and Video Accessibility Act (“CVAA”). Please be aware that our efforts are actively ongoing. We will continue to work towards making Rural King a more inclusive and accessible environment for all.

V. INFORMATION AVAILABLE ON OUR SITES

We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information is subject to change at any time, without notice.

We have made efforts to accurately display the attributes of products, including the applicable colors. In addition, certain weights, measures, and similar descriptions are approximate, and are for convenience only. You will need to visit your local store or call our customer service line at the number below to confirm product attributes prior to purchase.

We sell products for children’s use; however, these Products are intended for sale to adults. Rural King has no liability to you for content on the Rural King Sites that you find to be offensive, indecent, or objectionable. Products are labeled with age restrictions or are intended for individuals of certain ages. By ordering an age restricted item, you certify that you satisfy the age restrictions.

Rural King is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Rural King Entity, our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Rural King Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements, pet products, have not been evaluated by the Food and Drug Administration and/or Association of American Feed Officials, are not intended to diagnose, treat, cure, or prevent any disease or condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Rural King’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any product.

VI. THIRD PARTY SITES

References on Rural King Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Rural King is not responsible for the content of any third-party linked site, or any link contained in a linked site, including any third-party social media or mobile app platform with which the Rural King Sites operate or otherwise interact, nor is Rural King responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party's terms and policies (including its privacy policy).

VII. FILTERING

Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website:

OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed on such website.

VIII. PLACING AN ORDER ON OUR SITES

A. Payment

When you place orders on our websites or mobile applications, all your order information is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology encrypts your order information before transmitting it to our secure server.

By using our site to place an order, you represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your Rural King.com account, including on Rural King affiliated sites and properties which you access via your Rural King.com account credentials. Rural King participates in account update services offered by some banks. If your bank participates in account updater services, these services may automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in the cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product, pricing information, or problems identified by our Loss Prevention or Customer Service teams. Rural King may request pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid, and that you have sufficient funds to complete the transaction. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Please note: Rural King will attempt to contact you if all or any portion of your order is canceled, or if additional information is required to accept your order.

By confirming your purchase at the end of the checkout process, you agree to pay for the products in your cart, all applicable shipping and handling charges, and applicable taxes (unless exempt).

B. Product Pricing and Availability

Rural King cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Rural King Sites or through our vendors. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. Rural King reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after you receive an order confirmation or shipping notice from Rural King. Rural King may cancel your order and notify you of such cancellation.

Pricing for products may be different on the Rural King Sites or from prices available in Rural King stores.

C. Promotions and Promotional Codes

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Rural King Sites may be governed by rules that are separate from and are intended to supplement these Terms of Use. If you participate in any Promotions, review the applicable rules and our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

The aforementioned codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes may not be copied, sold, or otherwise transferred. We reserve the right in our discretion to impose conditions or restrictions on the offering of any specific promotional code. Void where prohibited by law.

D. Gift Cards

The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. To find out more information on our gift cards, or to check your gift card balance, click here.

E. Firearms

In the event You purchase a firearm, you will be required to agree to the Customer Affidavit prior to purchase. In the event that any of the statements in the Customer Affidavit are determined to be untrue, false, or otherwise misleading, You, the consumer, will defend, indemnify, and hold harmless Rural King and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution. You further understand it is your full responsibility to make sure the firearms, ammunition, or accessories purchased are legal in your local jurisdiction. For more information on firearms and firearm safety, please visit http://training.nra.org/nra-gun-safety-rules.aspx.

IX. TIMELINESS

We strive to ship orders as soon as they are received. Our usual order processing time is 1 - 3 business days after the order has been placed. Orders are shipped via the carrier selected on checkout, FedEx (Ground, Home Delivery, Overnight), USPS (Priority Mail) or Freight. Vendor or factory-shipped items are usually delivered within 7 - 12 business days. However, certain items may take up to 2-4 weeks for delivery. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Rural King Sites. All transactions are made pursuant to the terms of sale, and, as a result, the risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Some Products also have restricted delivery within the United States. Some Products may be available for pick up at physical Rural King store locations. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

X. RURAL KING PICKUP AND SHIPPING

Use of Rural King Pickup and delivery is subject to the following additional terms:

Orders

Once you have placed an in-store pick up order for Rural King “BOPIS,” we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us. More information on the in-store pick-up process can be found by clicking here.
There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order unless you are eligible for tax-exempt status. The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered. The final taxes and fees will be calculated on the day your order is picked up and/or delivered, as applicable. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For Pickup and delivery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
We may, in our discretion, provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact the Customer Service Team by clicking here.
Notwithstanding the foregoing, all refunds will be subject to our discretion.
We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. Rural King will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.
We can only deliver to an address stored in your address book in your account.

XI. EXPORT POLICY

You acknowledge that (a) goods licensed or sold on the Rural King Sites, and (b) any software or technology purchased, downloaded, or used from the Rural King Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

XII. INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Rural King, and are protected by U.S. and international trademark, copyright, and other intellectual property laws.

No license, right, title, or interest in the Rural King Sites or any materials is transferred to you as a result of your use of the Rural King Sites or your accessing, viewing, downloading, or printing of the materials. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, the information or materials found on Rural King Sites. The Rural King Sites and the materials and information contained therein may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Rural King Sites and the materials is strictly prohibited. The compilation, or the collection, arrangement, and assembly of the Rural King Sites and materials is the exclusive property of Rural King and is also protected by U.S. and international copyright laws.

RURALKING.com, RKGuns.com, and RKTRACTORS.com, all Rural King names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Rural King Sites are trademarks or trade dress of Rural King in the U.S. and other countries. All other marks are the property of their respective companies.

XIII. PRIVACY

You acknowledge that any personal information that you provide through the Rural King Sites will be used by Rural King in accordance with Rural King’s Privacy Policy which is expressly incorporated herein and located here. The Privacy Policy may be updated by Rural King from time to time. If you purchase an item on Rural King.com, Rural King may share certain information with that supplier to permit the supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service. See the Rural King Privacy Policy to learn how Rural King processes your data.

XIV. DMCA NOTICE - NOTICE & PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Rural King’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide written information specified below. Please note that this procedure is exclusively for notifying Rural King that your copyrighted material has been infringed. Rural King does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Rural King will respond by either taking down the allegedly infringing content. Under the DMCA, Rural King is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Rural King a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [the review or location where the material is located].");
Identify the Content that a copyright owner claim is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.";
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the true and rightful copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.";
Be signed; and
Be sent to the following address:

Rural King

Attn: RK Compliance (DMCA)

4216 DeWitt Ave.

Mattoon, IL 61938

And via email [email protected]

XV. CONFIDENTIALITY

Do not use the RK Holdings, LLP website(s) to submit information you consider confidential or proprietary unless you are placing an order in which case personal information is required. You grant to RK Holdings, LLP a non-exclusive license to use any review or feedback content that constitutes a “covered communication” as defined in the Consumer Review Fairness Act (“Review”). Except as otherwise expressly provided herein or in a written agreement with RK Holdings, LLP applicable to your particular use of our site, you agree that any material that does not constitute a Review, including but not limited to questions, comments, suggestions, ideas, inventions, plans, notes, drawings, photos, original or creative materials or other information, provided by you in the form of e-mail or submissions to RK Holdings, LLP, or postings on the RK owned websites (herein “Material”), are non-confidential (subject to the Privacy Policy) and will be considered a contribution to RK Holdings, LLP for its free and further use in its sole discretion. RK Holdings, LLP shall be entitled to the unrestricted use of Material for any purpose, commercial or otherwise, without any compensation to you.

XVI. DISCLAIMER OF WARRANTIES

THE RURAL KING SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RURAL KING SITES, AND/OR RURAL KING STORE LOCATIONS, ARE PROVIDED BY RURAL KING ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO RURAL KING ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RURAL KING SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RURAL KING ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE RURAL KING ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE RURAL KING SITES IS AT YOUR SOLE RISK. THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY RURAL KING TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE RURAL KING SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE RURAL KING SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO RURAL KING ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE RURAL KING SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

XVII. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Rural King, 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 Website, including, but not limited to, your user contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. To the extent allowed by applicable law, Consumer further agrees that any proceeding to litigate in court any dispute arising out of or relating to this Agreement, for any reason, will be conducted solely on an individual basis, and You will not seek to have any controversy, claim or dispute heard as a class action, a representative action, or a collective action. Any such claim must be brought within one (1) year of the events giving rise to the claim or dispute or you hereby release Rural King of said claims, with full knowledge and understanding of the effect thereof, and after having consulted legal counsel with respect thereto.

XVIII. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, RURAL KING ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A RURAL KING ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO RURAL KING ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE RURAL KING SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO RURAL KING ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, SHOPPER, OR REVIEWER OF THE RURAL KING SITES.

XIX. CHOICE OF LAW & FORUM

You agree that the laws of the State of Illinois, excluding its conflict-of-law's provisions, shall govern this Statement. You expressly agree to the exclusive jurisdiction of the state and federal courts of Coles County, Illinois in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby in federal and state courts in the Coles County, Illinois and irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such suit or proceeding in any such court has been brought in an inconvenient forum.

XX. NOTICE & OPPORTUNITY TO CURE 

In the event of a dispute, claim, or action, You shall notify Rural King in writing, and Rural King shall have ninety (90) days to cure the cause of said dispute, claim, or action. All legal notices shall be sent to the address below:

RK Holdings, LLP (d/b/a “Rural King”) 

Legal Dept. 

4216 DeWitt Ave. 

Mattoon, IL 61938

And via email at [email protected].

XXI. WAIVER

THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS. WHERE ALLOWED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

XXII. TERMINATION

These Terms of Use are effective unless and until terminated by either you or Rural King. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Rural King Sites. We also may terminate these Terms of Use at any time, and may do so immediately without notice, and deny you access to the Rural King Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.

XXIII. SEVERABILITY

Except as provided in above, if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and the other terms of these Terms of Use will remain in full force and effect. The failure of Rural King to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Rural King's rights with respect to such breach or any subsequent breaches.

XXIV. MISCELLANEOUS

These Terms of Use represent the complete agreement and understanding between you and Rural King and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or fiduciary relationship between you and Rural King. Headings used in these Terms of Use are for general reference purposes only and do not define or limit the scope of the section. You also may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without Rural King’s prior express written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.

Rural King Customer Service  

Email: [email protected]  

Phone: 1-800-561-1752. 

Customer Service Hours: Mon-Sat: 7am - 5pm & Sun: 7am – 1pm (CST).