PLEASE READ THIS AGREEMENT CAREFULLY. It describes the protection you will receive in return for payment by You. You must keep this Agreement, Your sales invoice and receipt for the product You purchased. They are integral parts of this Agreement and You may be required to produce them to obtain service. You must maintain the Covered Product as recommended by the manufacturer’s owner’s manual or product warranty. Refer to the face of this Agreement, or the declarations page of this Agreement, or Your sales invoice or receipt to determine the term of this Agreement, whether You purchased a Replacement or Repair Plan, and if there is a Deductible required to obtain service.
I. DEFINITIONS: In this Agreement, “You” and “Your” mean the person who purchased coverage as outlined in this Agreement, and any authorized transferee/assignee of the purchaser. “We”, “Us” and “Our” mean the company obligated to perform under this Agreement (the “Obligor”). RKWP, LLC, 4216 Dewitt Ave., Mattoon, IL 61938 is the Obligor if purchased in the following states: Alabama, Florida, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia and West Virginia. The Retailer from which you purchased the Covered Product is the Obligor in the following states: Georgia, Illinois, Indiana and North Carolina. Obligations of the Obligor under this Agreement are backed by the full faith and credit of the Obligor. In addition, unless defined elsewhere in this Agreement, certain words and phrases are defined as follows:
- A. “Accidental Damage from Handling” or “ADH” means a single, unexpected, sudden and unintentional event such as, drops and liquid spills, and does not include accumulated damage from continual or multiple events.
- B. “Ensure Protect” means Warranty Concepts Inc. DBA Ensure Protect, 1604 Dell Ct., San Jose, CA 95118, toll-free (833) 633-6775, as the entity designated by Us to be responsible for the administration of this Agreement.
- C. “Covered Product” means the devices covered by this Agreement.
- D. “Deductible” means that coverage provided under this Agreement may be subject to an amount which You must pay towards a covered claim. The amount of any such Deductible will be indicated on the declarations page.
- E. “Mechanical or Electrical Breakdown” means a mechanical or electrical failure of Your Covered Product to perform its fundamental operation(s) in normal service.
- F. “New Product” means that there has been no prior owner of the Covered Product and the product has a full manufacturer’s warranty as of the effective date of this Agreement. A protective case may be required to receive coverage under this Agreement.
- G. “Retailer” means the entity selling the Covered Product and/or this Agreement, as identified on your sales invoice or receipt.
- H. “Used Product” or “Refurbished” means any Covered Product that is not a New Product and has at least thirty (30) days of coverage under another service plan.
II. REPLACEMENT PLAN: If You purchased a Replacement Plan and have a structural failure, Mechanical or Electrical Breakdown, We will replace Your Covered Product with a New, rebuilt, or Refurbished product of equal or similar features and functionality but not necessarily the same brand, or if a similar product is not available, We will reimburse You via a gift card or cash settlement, up to the original purchase price of Your Covered Product, excluding sales tax, not to exceed the limit of liability shown below; and, if We do so, all of Our obligations under this Agreement will be satisfied. No further claims will be paid under this Replacement Plan for the replaced item. Coverage begins on date of purchase listed on Your sales receipt or ordering document. Only qualifying items with a manufacturer suggested retail price under three hundred dollars ($300) are eligible for coverage under the Replacement Plan, and must be identified as a Replacement Plan on your receipt and/or declarations page.
III. REPAIR PLAN:
A. Term: The term of this Agreement begins on the effective date and continues for the period indicated on the declarations page, sales invoice or receipt, unless otherwise indicated herein. Coverage for Mechanical or Electrical Breakdown and covered defects is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the event the Covered Product is being serviced by an authorized service center when this Agreement expires, the term of this Agreement will be extended until covered repair has been completed. THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY.
B. Coverage: The type of coverage is indicated on the declarations page. We may repair or replace the Covered Product at Our discretion. Parts will be replaced with those of like kind and quality. We may use new or remanufactured parts. The Covered Product will be replaced by Us with a product of similar quality and features if We determine that the cost to repair the Covered Product exceeds the original purchase price or if parts are no longer available or are discontinued by the manufacturer. We may, at Our discretion, elect to issue a cash settlement for the replacement cost of the product instead of providing a replacement. Any replacement product will require the purchase of a new Agreement in order to be covered. Proof of purchase may be required for New or Used Products to receive coverage under this Agreement.
C. Limit of Liability: Our limit of liability for the Covered Product under the Repair Plan is the lesser of the cost of replacing the Covered Product or three (3) repairs to the Covered Product. Upon replacement, there is no coverage for the replaced product under this Agreement. SERVICE COSTS, TRIP CHARGES, BREAKDOWN CHARGES, INSPECTION FEES OR ESTIMATE CHARGES FOR REPAIRS NOT COVERED UNDER THIS AGREEMENT ARE YOUR RESPONSIBILITY. This Agreement shall expire upon replacement of the Covered Product or issuance of a compensation check in lieu of replacement.
D. No Lemon Policy: During the term of this Agreement, and subject to Our limit of liability, after three (3) service repairs have been completed by Us on the same component of an individual Covered Product and that Covered Product component requires a fourth (4th) repair, as determined by Us, We will replace it with a product of comparable performance. Upon replacement, there is no coverage for the replaced product under this Agreement.
E. How to Get Service: You must contact your selling Retailer or Ensure Protect for the appropriate authorized service center. You may call toll-free at (833) 633-6775 between the hours of 6:00 AM and 6:00 PM Pacific Standard Time or go online to www.EnsureProtect.com/ruralking. All repairs must be authorized by Ensure Protect prior to performance of work. Claims on unauthorized repairs may be denied.
IV. ACCIDENTAL DAMAGE FROM HANDLING: The Covered Product is protected against Accidental Damage from Handling such as drops and liquid spills or other damage that occurs during normal use of the item if indicated on your receipt or declarations page. ADH only covers operational or mechanical failure caused by an accident from handling and does not include protection against theft, mysterious disappearance, misplacement, viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the Covered Product, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between You and Our service providers and any other limitations listed in the “What is Not Covered” section of this Agreement. Any resultant damage from this type of treatment is NOT covered by this Agreement. The use of this coverage may require an explanation of where and when the accident occurred as well as a detailed description of the actual event. Failure to provide this information may result in claim denial.
V. MAINTENANCE PLAN: If You purchased a Maintenance Plan and have a Mechanical or Electrical Breakdown, We will repair Your Covered Product. If the Covered Product cannot be repaired or is not cost effective to repair as determined by Us, at Our sole discretion, We will replace Your Product with a New, rebuilt, or Refurbished product of equal or similar features and functionality but not necessarily the same brand, or We may elect to reimburse You up to the original purchase price of Your Covered Product, excluding sales tax, not to exceed the limit of liability shown below and, if We do so, all of Our obligations under this Agreement will be satisfied. No further claims will be paid under this Maintenance Plan for the replaced item. You are eligible to receive one (1) annual maintenance benefit, up to fifty dollars ($50.00), on Your qualifying Covered Product during the manufacturer’s warranty period, as well as one (1) annual maintenance benefit, up to fifty dollars ($50.00) after the manufacturer’s warranty period has expired. The maximum annual manufacturer scheduled maintenance benefits allowed under this Agreement is four (4), up to fifty dollars ($50.00) each, depending on the coverage period term selected for the Agreement. Coverage begins upon expiration of the shortest duration of the original manufacturer warranty. Only qualifying items, as determined by the Retailer, are eligible for coverage under the Maintenance Plan. Maintenance is defined as and up to any or all of the following: oil change, oil filter cleaning or change, air filter cleaning or change, fuel filter cleaning or change, spark plug(s) and blade sharpening.
VI. WHAT IS NOT COVERED: (A) Products not covered by a manufacturer’s warranty at the time of manufacturing; (B) product repairs that should be covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs; (C) cleaning; periodic checkups; preventive maintenance unless otherwise noted on the declarations page; (D) any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold “AS-IS” including but not limited to floor models, demonstration models, etc.; (E) parts or repairs due to normal wear and tear unless tied to a breakdown and parts normally designed to be periodically replaced by You during the life of the product, including but not limited to wax and board covers, etc.; (F) damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Product, unauthorized modifications or alterations to a Covered Product; failure to follow the manufacturer’s instructions; third party actions; fire; theft; insects; animals; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood; acts of God or consequential loss of any nature; (G) loss or damage caused by war; invasion; act of foreign enemy; hostilities; civil war; rebellion; riot; strike; labor disturbance; lockout; or civil commotion; (H) incidental, consequential or secondary damages or delay in rendering service under this Agreement; loss of use during the period that the Covered Product is at an authorized service center or awaiting parts; (I) any unauthorized product used in a rental basis; (J) failures that occur outside of the 50 states of the United States of America and the District of Columbia; (K) non-functional or aesthetic parts including but not limited to plastic parts, knobs, rollers, baskets; scratches, peeling & dents; (L) unauthorized repairs and/or parts; (M) cost of installation, setup, diagnostic charges, removal or reinstallation of the Covered Product, except as provided herein; (N) accessories used in conjunction with a Covered Product; (O) any other loss other than a covered breakdown; (P) service where no problem can be found; noises; squeaks; breakdowns that are not reported during the term of this Agreement; (Q) damage to a Covered Product that was not stored securely or properly to prevent damage; and (R) additional exclusions specific to the Covered Product as follows:
1. Specific to Electronics: In addition to the exclusions listed above, this Agreement only covers the operating condition of the Covered Product and does not cover the following: (1) non-operating, cosmetic or external parts (e.g. housings, insulation, conduit, frames, cabinets, knobs, dials, drawers, handles, shelves, doors, hinges, light bulbs, projection bulbs, or filters); (2) any installed accessory item; (3) any antennae or antennae system; any expansion of the channel or frequency range capabilities of the Covered Product; circuit adjustments required to receive any particular station; service or adjustments due to changes in external power and power connectors and connections; reception or normal signal; and (4) speakers; remote controls; headphones.
2. Specific to Computers and Peripheral Equipment: In addition to the exclusions listed above, this Agreement does not cover the following: (1) damage caused by or due to (a) overheating caused by accumulation of dust, vermin or fan blockage or (b) misuse and abuse; (2) any storage media damaged by malfunctioning parts; (3) damage caused by or due to improper installation of computer components or peripherals; (4) repair or replacement of upgraded computer components when repair or replacement is required due to incompatibility of parts or incorrect installation; (5) burned-in image in CRT, LCD or any other type of display; (6) application programs; operating system software; other software; loss of data or restoration of programs; (7) corruption of any program; data or setup information resident on any hard drives and internal or external removable storage devices, as a result of the malfunctioning or damage of an operating part, or as a result of any repairs or replacement under this Agreement; and (8) toner and ink cartridges.
IN NO EVENT SHALL WE, THE RETAILER, ENSURE PROTECT, OR ANY AGENT, EMPLOYEE, OR CONTRACTOR THEREOF, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOST TIME OR LOST DATA, WHETHER IN CONTRACT, TORT, OR NEGLIGENCE, RESULTING FROM THE MECHANICAL OR ELECTRICAL BREAKDOWN OR DAMAGE OF ANY PRODUCT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE. THIS AGREEMENT WILL NOT COVER A MECHANICAL OR ELECTRICAL BREAKDOWN OR DAMAGE NOT SPECIFICALLY LISTED UNDER “WHAT IS COVERED”.
NEITHER THE RETAILER, ENSURE PROTECT, NOR ANY OF THEIR EMPLOYEES, AGENTS, OR REPRESENTATIVES ARE AUTHORIZED TO PROVIDE ANY ORAL WARRANTY, OR ASSUME ANY ADDITIONAL OBLIGATIONS OR LIABILITIES IN CONNECTION WITH SALE OF PRODUCTS. ANY ORAL STATEMENT MADE BY THE RETAILER, ENSURE PROTECT OR ANY OF THEIR EMPLOYEES, AGENTS OR REPRESENTATIVES REGARDING THE PRODUCTS DO NOT CONSTITUTE WARRANTIES, MAY NOT BE RELIED UPON AS SUCH BY THE PURCHASER, AND ARE NOT PART OF ANY WARRANTY.
VII. CONDITIONS:
A. Arbitration: Any disputes, controversies or claims (collectively “Claims”) arising out of or relating to this Agreement, including but not limited to Claims arising out of or relating to any underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect at the time the arbitration is commenced, and judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. You and We also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Any such arbitration shall be held in Coles County, Illinois, unless You and We mutually agree on a different location. We shall select and notify You of Our selection for the first arbitrator and within ten (10) days of Your having received notice of said selection, You shall notify Us of Your selection for the second arbitrator. A third arbitrator shall be selected by the arbitrators named by the aforementioned parties. Each party shall be responsible for its own costs and expenses, but the costs and expenses of the third arbitrator shall be shared by You and Us. You and We understand and agree that this Agreement and the transactions contemplated hereby will have a material connection to interstate commerce and intend that the Federal Arbitration Act apply hereto. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court rather than in arbitration. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. Nothing herein is intended or should be construed as consent to class-action or representative arbitration. This section shall survive the termination of this Agreement.
B. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any conflict of law, rule or provision thereof that would result in the application of laws of any other jurisdiction. Each party hereby submits to the exclusive jurisdiction of the courts of the federal and state courts located in Coles County, Illinois, and waives any objection to venue with respect to actions brought in such courts.
C. Inspection and Audits: We have the right but are not obligated to conduct inspections and audits at any and all facilities operated or owned by You, where the Covered Products are used and/or stored. Any such inspection or audit shall relate only to the insurability of the Covered Products and/or determinations as to specific claims made under this Agreement.
D. Subrogation: If We pay for a Mechanical or Electrical Breakdown, We may require You to assign Us Your rights of recovery against others. You agree to do whatever is reasonably necessary to enable Us to enforce these rights. We will not pay for a Mechanical or Electrical Breakdown if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount We may recover.
E. Termination: You may cancel this Agreement at any time, for any reason or for no reason at all, by giving Us thirty (30) days written notice and You will receive a pro-rated refund of any remaining premium less claims that have already been paid. We may terminate this Agreement, for any reason or for no reason at all, by giving you one hundred twenty (120) days written notice, in which case You will receive a pro-rated refund of any remaining premium less claims that have already been paid.
F. Territories: Service under this Agreement is limited to the United States of America, including the District of Columbia, only. It does not include Canadian or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
G. Transferability: This Agreement may be transferred at any time by giving Us written notice.
VIII. STATE-SPECIFIC PROVISIONS: The following additional terms and conditions apply only to Agreements purchased in the states indicated below and shall govern to the extent of any express conflict with a provision above:
A. Alabama: You may return this Agreement within twenty (20) days of the date this Agreement was mailed to You or within ten (10) days of delivery if this Agreement is delivered to You at the time of sale. Upon return of this Agreement to Us within the applicable time period, if no claim has been made under this Agreement before returning it to Us, this Agreement will be void and We will refund to You the full purchase price of this Agreement. We may credit this refund to any outstanding balance of your account. Your right to void this Agreement is not transferable. A ten percent (10%) penalty per month will be added to a refund that is not paid or credited within forty-five (45) days after return of this Agreement to Us. If We cancel this Agreement, We will mail a written notice to You at Your last known address contained in Our records at least five days prior to cancellation. Prior notice is not required if the reason for cancellation is nonpayment of Our fee or a material misrepresentation by You to Us relating to the Covered Product or its use.
Section VII(A) – Arbitration – is amended to provide that any such arbitration shall be held in the county in which You live and in the State of Alabama. All other provisions of Section VII(A) remain unchanged.
The first sentence of Section VII(B) – Governing Law – is changed to read as follows: “This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama without giving effect to any conflict of law, rule or provision thereof that would result in the application of laws of any other jurisdiction.”
B. Florida: The rate charged for this Agreement is not subject to regulation by the Florida Office of Insurance Regulation. This Agreement does not provide for the performance of or payment for repairs, replacement, or maintenance due to accidental damage from handling.
C. Georgia: For the avoidance of doubt, “Retailer” means Rural King Holdings, LLP. You may cancel this Agreement for a full refund minus any claims paid if You cancel within twenty (20) days of the date that this Agreement was mailed to Your last known address or within ten (10) days of delivery if delivered to You at the time of sale. Such cancellation will be effective upon return of the Agreement to Us within the applicable time period. If no claim has been made prior to return of this Agreement to Us, this Agreement is void by operation of law upon its receipt by Us, and We will refund to You, or credit to Your account, the full purchase price. This right to void this Agreement is not transferable and will apply only to the original purchaser. A ten percent (10%) penalty per month will be added to a refund that is not paid or credited within forty-five (45) days after the return of this Agreement to Us. Subsequent to the expiration of the applicable time period specified in this paragraph, You may cancel this Agreement and We will refund to You one hundred percent (100%) of the unearned pro rata purchase price, less any claims paid. In such event, We may charge an administrative fee not to exceed ten percent (10%) of the unearned pro rata purchase price.
This Agreement is noncancelable by Us except for fraud, material misrepresentation, or failure to pay the consideration due therefor. We will give You notice of such cancellation stating the reason for and effective date of the cancellation in writing no less than thirty (30) days before the effective date of such cancellation. Following Our cancellation, You will be refunded one hundred percent (100%) of the unearned pro rata purchase price, less any claims paid. We may charge an administrative fee not to exceed ten percent (10%) of the unearned pro rata purchase price.
Our obligations under this Agreement are guaranteed by a surety bond issued by Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT, 01683 (the “Surety”). If We fail to pay a claim or issue a refund under this Agreement, within sixty (60) days after proof of loss has been filed, You are entitled to submit a claim directly to the Surety. Nothing contained in Section VII(A) – Arbitration – will affect Your right to file a direct claim under the terms of this Agreement against the Surety pursuant to O.C.G.A. 33-7-6.
Section VI(D) – WHAT IS NOT COVERED – is changed to read as follows: “any and all pre-existing conditions that occur prior to the effective date of this Agreement (only to the extent such pre-existing conditions are known to You or reasonably should have been known to You) and/or any product sold “AS-IS” including but not limited to floor models, demonstration models, etc.”
Section VI(H) – WHAT IS NOT COVERED – is changed to read as follows: “incidental, consequential or secondary damages (only to the extent such damages are known to You or reasonably should have been known to You) or delay in rendering service under this Agreement; loss of use during the period that the Covered Product is at an authorized service center or awaiting parts”.
Section VII(A) – Arbitration – is deleted in its entirety.
The first sentence of Section VII(B) – Governing Law – is changed to read as follows: “This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any conflict of law, rule or provision thereof that would result in the application of laws of any other jurisdiction.”
D. Illinois: You may cancel this Agreement at any time. This Agreement may be cancelled within thirty (30) days after its purchase, if no service has been provided, for a full refund of the Agreement purchase price. This Agreement may be cancelled at any other time, for a pro rata refund based on the unexpired term of this Agreement, as measured by the number of days still remaining on the Agreement, less the value of any service received.
E. Michigan: If the performance of this Agreement is interrupted because of a strike or work stoppage, the effective period of this Agreement shall be extended by the period of the strike or work stoppage.
F. Missouri: You may return this Agreement within twenty (20) days of the date this Agreement was mailed to You or within ten (10) days of delivery if this Agreement is delivered to You at the time of sale. If no claim has been made under this Agreement, this Agreement will be void and We will refund to You, or credit to Your account, the full purchase price of this Agreement. A ten percent (10%) penalty per month will be added to a refund that is not paid or credited within forty-five (45) days after return of this Agreement to Us. Your free-look period under this Agreement is not transferable.
G. North Carolina: The purchase of this Agreement is not required either to purchase or obtain financing for a home appliance. We may only cancel this Agreement for nonpayment of premiums or for Your direct violation of any provision of this Agreement. You may cancel this Agreement at any time after purchase and receive a pro rata refund less any claims paid.
H. Ohio: This Agreement does not provide for the performance of or payment for repairs, replacement, or maintenance due to accidental damage from handling.
I. South Carolina: You may return this Agreement within twenty (20) days of the date this Agreement was mailed to You, or within ten (10) days if this Agreement was delivered to You at the time of sale. If You made no claim prior to return of this Agreement to Us, this Agreement is void and the full purchase price will be refunded to You or Your account. This right to void applies only to the original purchaser of the Agreement. We will pay a penalty of ten percent (10%) per month on a refund that is not made within forty-five (45) days of return of this Agreement to Us. If We cancel this Agreement, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation by Us, stating the effective date of the cancellation and the reason for the cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by You to Us, or a substantial breach of duties relating to the Covered Product or its use. In the event of a dispute with Us, You may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina 29201 or by phone at (800) 768-3467.
J. Tennessee: This Agreement is automatically extended while the Covered Product is being repaired.
K. Virginia: If no claim has been made under this Agreement, You have the right to return this Agreement within 20 days of the date this Agreement was mailed to You, or within 10 days of delivery if this Agreement was delivered to You at the time of sale. In such a case, this Agreement will be void and We will refund to You the full amount of the purchase price of this Agreement. This right to void this Agreement is not transferable and applies only to the original Agreement purchaser. A 10% penalty per month will be added to a refund that is not made within 45 days of return of this Agreement to Us.
If any promise made in this Agreement has been denied or has not been honored within 60 days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
Terms of Use
Date of Last Revision: August 17, 2025
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 RK Guns, RKtractors (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, Mobile Terms & Conditions 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.
© RK Holdings, LLP (2025)
Rural King Customer Service
Email: [email protected]
Phone: 1-800-561-1752.
Customer Service Hours: Mon-Sat: 7am - 7pm & Sun: 8am – 5pm (CST).