Terms of Use

Last Modified: December 1, 2023

Acceptance of the Terms of Use

These terms of use are entered into by and between you and RK Motors, LLC ("Company", "we" or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of RKmotors.com, including any content, functionality and services offered on or through RKmotors.com (the "Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

Changes to the Terms of Use and Website

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon posting. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page, so you are aware of any changes, as they are binding on you.

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Accessing the Website and Account Security

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

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

To access the Website or some of the resources it offers, you may be asked to provide certain personal 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 acknowledge that your submissions are personal to you and agree not to provide any other person with access to the Website or portions of it using your name or any other security information. You agree to notify us immediately of any unauthorized access to or use of your name or any other breach of security. You should use particular caution when submitting personal information from a public or shared computer so that others are not able to view or record your personal information.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers/creators of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website for commercial use without prior written approval of the Company.

You acknowledge that the trademarks used and displayed on the Website are and shall remain the sole property of the Company or the trademark owner. Nothing in this Terms of Use shall confer any right of ownership of any of the trademarks to you.

You must not modify copies of any materials from the Website; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

Except as expressly granted under Permitted Uses, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Permitted Uses

You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link is to the entry page of the Website and does not portray the Company or any of its products or services in a false, misleading, derogatory, negative, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. 

You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at the Website, the content of any text or the layout/design of any page or any form contained on a page without the Company’s express written consent.

Prohibited Uses

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

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to (i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (ii) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company and its affiliates, licensees and service providers from any claims resulting from any action taken by the company/any of the foregoing parties during, or taken as a consequence of, investigations by either the Company/such parties or law enforcement authorities.

Third-Party Sites

Links to third party sites on the Website are provided solely as a convenience to you. If you use these links, you will leave the Website. The Company has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites, their content, or their policies, including, without limitation, privacy policies or lack thereof.

The Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk. You acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, any third-party site.

Additionally, we allow third-party companies to serve ads and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third-party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit http://www.networkadvertising.org/managing/opt_out.asp.

Geographic Restrictions

The owner of the Website is based in the state of North Carolina in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

This Website, including all functions, materials, and information, is provided “as is” without warranties of any kind, either express of implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, system integration, and informational content.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Company, 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, 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.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state and federal courts in Mecklenburg County, North Carolina. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

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.

Waiver, Severability and Entire Agreement

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

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the sole and entire agreement between you and RKMotors.com with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This Website is operated by RKMotors.com.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@rkmotors.com.