Terms of Use

Thank you for visiting Kum & Go, L.C.’s (“Kum & Go”) website and/or downloading and using our mobile applications (“Apps”) (the website and Apps are individually and collectively referred to herein as the “Site”). We are hopeful you find the Site easy to use and that it displays our passion for customer service and our desire to be the #1 convenience store retailer in the United States.

We are required to tell you some of the legal aspects of using our Site. In doing so, it is our hope that you clearly understand your rights, as our customer, and our rights as your convenience store retailer relating to the matters addressed. Please note that we may change and update these Terms of Use as we deem appropriate from time to time.

Ownership of Website and its Content

We have worked hard to develop the content (“Content”) on this Site. In doing so, we hope that we can continue to serve our customers by protecting our rights to this Content and the “brand” we are seeking to establish. Accordingly, all rights to all information and Content (e.g., graphics, designs and logos, text, video, audio, etc.) on the Site are the property of Kum & Go, and we intend to fully retain all of our rights to the Content and Site even though we display it here for you.

Intellectual Property Including Trademarks

We have developed several trademarks, designs, logos, and other intellectual property with the hope that you will recognize our “brand” and come to associate this intellectual property with our high quality service and products. When using our Site you will see these various trademarks (both registered with the USPTO and unregistered), designs, logos, URLs and domain names (“Trademarks”). All rights, including copyrights, to the Content and the Trademarks are the property of Kum & Go, excluding Trademarks and intellectual property owned by 3rd parties. In order to protect our rights to our intellectual property and these Trademarks, the law requires that we tell you that you may not use any of our intellectual property and/or Trademarks in any way without our prior written consent.

Information We Place on Our Site

We are careful to ensure that the information we place on the Site or make available for download is accurate and up-to-date. However, like everyone, we occasionally make mistakes. Because that is the case, we cannot warrant or represent that the Content on the Site is error-free. Accordingly, the Content is provided “AS IS.” If you do find an error, we would appreciate you letting us know. Also, the Site may describe information about our products and services that may not be uniformly followed at certain of our store locations. Accordingly, please contact your local Kum & Go store to verify any promotions, prices and/or specials that may be listed on the Site from time to time. In addition, special promotions and contests will often have their own set of terms and conditions.

On occasion, we may include links to 3rd party sites because we believe they may be helpful to you. Please know that we have no control over the content of such sites and have not verified the accuracy of any information on these sites. As such, we cannot guarantee the accuracy of their content or the safety of using those sites. As is the case with the information on our Site, please investigate these 3rd party sites before relying on the information they provide or otherwise downloading or uploading information to and from such sites.

Information Submitted to Our Site

We often try to engage our customers by requesting that they submit information to us that helps us better serve you and others. In addition, virtually all websites, like our Site, automatically collect certain information regarding your visit to this Site. The type and amount of information “automatically” collected may depend on the technology used and your computer’s privacy settings when you visit, download, and use our Site. In order for us to be able to use the collected information and feedback we receive to better serve you, we are required to tell you that (i) all information submitted by you to us grants us a world-wide, royalty-free, irrevocable, non-exclusive license to use that information, (ii) all information collected by us “automatically” shall become our property when transmitted to our site. Accordingly, we are free to use all such information for any lawful purpose, including features of our Site that request or identify your location and send you notifications regarding goods and services that we believe may be of interest to you, but will do so strictly in accordance with our Privacy Policy. Please review our Privacy Policy for specifics regarding our commitment to you regarding our use of the information collected through this Site.

Lastly, we ask that you not transmit anything to us that is illegal, defamatory, or that might otherwise hurt us, others, and/or the people or equipment we employ for the purpose of serving you.

Restrictions on Use of the Site and Content

Because the Site and Content is valuable property of Kum & Go that helps us serve you as our customer, we must advise you that no person is allowed to change, reproduce, distribute, display, download or upload, or use any aspect of the Site or its Content for any purpose not stated or contemplated herein without the advance written consent of the Company’s general counsel. Furthermore, we must advise you that the use of our Site is for non-commercial uses only.  Please do not post any of our Content to another website, excepting for any of the Company’s promotional or marketing material placed upon the Site with the intent that it be shared with others. Such use is prohibited, and we thank you in advance for respecting our rights. Also, you agree not to use the Site for any purpose that is unlawful, prohibited by these Terms of Use, or that in any way that could damage, disable, overburden, or impair the Site or its Content, or interfere with anyone else’s use of it.

Access to the Site

We created this Site so you could use it. Unfortunately, we can’t guarantee that your use of the site will be uninterrupted.  Occasionally, the site may be unavailable due to maintenance, malfunction of our equipment or that of our third-party service providers, or various other reasons. Please know that it is our desire that the Site be available for your use as much as reasonably possible and that, in the event of any service interruptions, we will be working very hard to make necessary corrections.

Also, any Content available from the Site is subject to the US export controls and may not be downloaded or otherwise exported or re-exported into any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or to any person or entity subject to such restrictions by the U.S. government.

What if My Use of the Site Causes You or Kum & Go to Incur Costs?

If you are dissatisfied with any portion of the Site, we are sorry that we have failed to meet your customer service expectations. We will certainly want to work harder to satisfy you as our customer. That said, we cannot guarantee that your use of the Site or Content will not result in you incurring damages, whether due to our fault, yours, or that of another party. In such event, your sole and exclusive remedy is to discontinue using the Site. In this regard, our lawyers require that we tell you that IN NO EVENT WILL KUM & GO BE LIABLE TO A PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING DAMAGES THAT WERE NOT REASONABLY FORSEEABLE, (I.E., CONSEQUENTIAL DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, THE CONTENT, OR ANY OTHER LINKED WEB SITE. Also, if you do something unlawful and/or with the intent to injure us or any of our employees, affiliates, or other customers, you agree to indemnify and hold harmless Kum & Go, its agents, affiliates, member, officers and employees, from any claim, demand or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Site.

DMCA – Notice and Procedure for Making Copyright Infringement Claims

The Digital Millennium Copyright Act (“DMCA”) allows users to notify us in the event they believe any Content on the Site violates their intellectual property rights. It is our intent to comply with DMCA. Pursuant to this law, we can take advantage of certain protections in the event we unintentionally violate a 3rd party’s intellectual property rights by removing the offending Content and otherwise following the procedures outline in DMCA. If you believe this has occurred, you may want to consider contacting an attorney to better understand your rights and obligations under DMCA. That said, the law requires that we set forth the basic steps for you to notify us of a copyright infringement claim. Please see our DMCA Notice Procedure for instructions on how to contact us to report a claimed copyright infringement.

Miscellaneous

We are based out of West Des Moines, Iowa, and Iowa law governs the interpretation and enforcement of these Terms of Use. Those who access this Site are responsible to comply with the Terms of Use, other notice provisions on the Site, and all applicable Federal, State, and local laws. The Terms of Use plus any notices on other portions of our Site outline our instructions for use of our Site and the claimed rights for both you and us regarding ownership and use of the Content and Site. We have no other agreements that contradict, add to, or otherwise change these rights. If any portion of the Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the remaining provisions.

Agreement with Terms of Use

It is our hope that the Site and Content meet our customers’ high expectations. In order to best serve all our customers, we ask that you fully abide by and agree to the above described Terms of Use. If you do not agree, we must ask that you immediately stop using the Site and ask that you contact us to with any comments or concerns you may have regarding these Terms of Use.