MobileKarma.com is the official website (the "Site") of Mobile Karma and its parents, subsidiaries and affiliates. We ask that you read these terms and conditions (the "Terms and Conditions") carefully. By using the Site, you agree to be bound by these Terms and Conditions.
We reserve the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time. All updates will be posted on the Site. We recommend you review the Terms and Conditions and other applicable policies from time to time because your use of the Site following any update constitutes your acceptance of all changes or modifications. If you do not agree to the amended Terms and Conditions, you must stop using the Site.
The Site and all content and other materials, including, without limitation, the Mobile Karma logo, and all designs, text, graphics, pictures, selection, coordination, "look and feel", information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Mobile Karma ("Mobile Karma") or its licensors or users and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You agree not to display or use Site Materials without Mobile Karma's prior written permission.
Mobile Karma maintains and supports this web site for personal use, entertainment, gathering information, education and communication with the company. Material on the Site may only be downloaded for personal, non-commercial, use provided you retain all copyright and other proprietary notices contained on the materials.
Violations of system or network security may result in civil or criminal liability. Mobile Karma will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.
You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation: (a) using any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (b) accessing data not intended for you or logging on to a Mobile Karma server or account, which you are not authorized to access; (c) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (d) causing to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (e) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site; (g) using our web sites in any way which interferes with the normal operation of our sites; or (h) any use of our Site or the Site Materials other than for its intended purpose.
Comments, Feedback, and Other Submissions
Anything you transmit or post (collectively, "Communication") becomes the property of Mobile Karma and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Mobile Karma also asserts the right to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose including, but not limited to, developing, manufacturing and marketing products using aforesaid information. Mobile Karma is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay to user any compensation for any Communication; or (3) to respond to any user Communication.
You agree that none of the Communication submitted by you to the Site will violate any right of any third party. You further agree that none of the Communication submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make.
PRODUCT AVAILABILITY AND PRICING
We do our best to avoid errors in pricing and product information but mistakes may occur. If a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. All prices listed on this site are in U.S. dollars.
Mobile Karma's products displayed on the Site may also be available in other sales channels; however, Mobile Karma does not represent or guarantee that any of the products or services displayed on the Site will be available at any time or location. Additionally, our practice is to match the retail prices on our Site to the retail prices you will find on other channels. Our other sales channels, however, are under no obligation to match the Site's prices.
The primary product images on the Site may be a stock image. We recommend you read the full product description to know the full details of a product especially as it relates to condition.
We attempt to accurately depict the colors of the products offered on the Site. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
You agree to defend, indemnify and hold Mobile Karma harmless from and against any claims, damages, costs, liabilities, and expenses (including attorneys' fees arising from or related to your use of the Site).
MOBILE KARMA ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO EVENT SHALL ULTRA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ULTRA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER 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 THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CHOICE OF LAW
These Terms and Conditions and your use of this Site will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of Michigan.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
This Agreement is effective unless and until terminated by either you or Mobile Karma. You may terminate this Agreement at any time by discontinuing use of the Site. Mobile Karma also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Mobile Karma's sole discretion you fail to comply with any term or provision of this Agreement.
ReCellular Acquisition, Inc. d.b.a. Mobile Karma, 1194 Oak Valley Drive, Suite 80, Ann Arbor, Michigan 48108, in conjunction with its third party service providers, operates this Site.
Last Updated: February 21, 2014