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Terms & Conditions

Welcome. This website www.mobiledishmall.com is provided by Electronic Controlled Systems, Inc. d/b/a KING ("KING"). By accessing the KING website (the "Site"), you are indicating your acknowledgement and acceptance of these Terms of Use. These Terms of Use are subject to change by KING at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.

RESTRICTIONS ON USE

All material included on this Site, and any other Site owned, operated, licensed or controlled by KING, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the "Content"), is the property of KING, affiliated companies and/or third-party licensors and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates KING's intellectual property rights.

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of KING, except that:

You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
Any copies of documents or pages from the Site must not alter the original Site content and must include the KING copyright notice: © 2014 Electronic Controlled Systems, Inc. All Rights Reserved.
You may link to this Site provided that the link does not falsely imply or suggest that KING has endorsed or is affiliated with the linked Site.

Users of the Site must not:

Monitor, gather or copy any Content on this Site by using any robot, "bot," spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.

Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
Attempt to circumvent the security systems of the Site.
Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any KING server.
Attempt to use the Site for any purposes other than those intended by KING, as determined by KING in its sole discretion.
Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Engage in any activity that interferes with a user's access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.


The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if KING becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, KING reserves the right to revoke your right to these permitted uses.

KING shall have the right to monitor use of this Site to determine compliance with these Terms of Use, revoke its consent at any time and you shall immediately cease any further use of the KING Site Content. KING does not grant permission to copy the design elements, look and feel or layout of KING's Site.

DISCLAIMER

KING cannot guarantee that the Site or its content is error free and KING makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.

THIS SITE IS PROVIDED BY KING ON AN "AS IS" AND "AS AVAILABLE" BASIS. KING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. KING DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KING MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT KING, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. KING MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

LIMITATION OF LIABILITY

Neither KING, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall KING be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if KING has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that KING would not grant access to the Site without your agreement to this term.

PRIVACY STATEMENT

KING is committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LINKS FROM THIS WEBSITE

KING does not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by KING and should not be regarded as the publisher of such opinions or material. Please be aware that KING is not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. KING will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

INTELLECTUAL PROPERTY

You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of KING. Nothing posted on this Site grants a license to any KING trademarks, patents, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.
LINKED SITES

This Site may link to or be linked from other websites that are not maintained by, or related to, KING. KING does not endorse, and is not responsible for, the content of any of those third-party websites.

SALES OF PRODUCTS AND SERVICES

Security: We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure. Should any unauthorized charges appear on your credit card as a result of shopping with this Site.com, you must notify your credit card provider in accordance with its reporting rules and procedures. We will cover the liability of purchases made through this Site only if the unauthorized use of your credit card resulted through no fault of your own. If your bank holds you responsible for fraudulent charges, we will cover your liability up to $50.00.

Shipping Limitations: When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Sites are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.  “Free Shipping” is restricted to the continental United States.

Pricing and Availability: All prices are shown in U.S. dollars unless otherwise noted; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

Errors: We attempt to be as accurate as possible and eliminate errors on this Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

Agreement to Conduct Transactions Electronically; Recording; Copies: You agree that all of your transactions with or through this Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

Payment; Credit for Refunds: Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

INTERNATIONAL USE

KING makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Minnesota without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Hennepin and Ramsey County, Minnesota, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between KING and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

KING PATENTS

A list of KING patents can be found here: kingcontrols.com/patents

KING TRADEMARKS

The following KING trademarks are registered with the United States Patent and Trademark Office:
DOME MAGIC
FLEX
KING CONTROLS
KING-DOME
JACK
ROVER
SEA KING
SURELOCK

The following are additional KING trademarks:
KING
RELAY

COPYRIGHT NOTICE

All Content included in or made available through this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of KING or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through this Site is the exclusive property of KING and protected by U.S. and international copyright laws.

MISCELLANEOUS

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and KING with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and KING with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with KING, KING will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. KING's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by KING of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between KING and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Copyright © 2014 Electronic Controlled Systems, Inc.  All rights reserved.