Terms of Service | FS3G Index

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES

By accessing or using ForSaleInAmerica5G.com (from now on referred to a ForSaleInAmerica5G) websites (the “Site(s)”) and other products and services, or contacting us, you signify your agreement to these Terms of Use. This Site is owned and operated by ForSaleInAmerica5. The words "me", "we", "our", and "us" refer to ForSaleInAmerica5G unless a different meaning is evident from the context.

The Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth herein. Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs our relationship. We reserve the right, at any time and in our sole discretion, to change, modify or otherwise alter these Terms of Use. Such changes and/or modifications are effective immediately when posted on our websites. We may email periodic reminders of our Terms of Use, but you should check our website frequently to see any recent changes. Your continued use of our Services after the changes and/or modifications are posted will constitute your acceptance of the revised terms and conditions. If you do not agree to these Terms of Use, please do not use our Services.

ACCEPTABLE USES

You may use this Site only for legitimate shopping purposes or to communicate with us. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site‘s systems, spoofing or faking email headers or slowing or stopping the functionality of the Site. In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect, for any reason, that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your access to our Site and refuse any and all current or future use of the Site. To post on our site you will create a password and account designation. You are responsible for all activities that occur under your password or account and you are responsible for maintaining the confidentiality of the password, the account, and for restricting access to your computer. If you are under the age of 18, you may use the Site only with involvement of a parent or legal guardian. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

RISK OF LOSS

Items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and the title for such items pass to you upon our delivery to the carrier.

RESTRICTIONS ON USE OF MATERIALS

This Site may contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by us, our related entities, parents and our licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this Site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.

SAFETY (click here)

PROHIBITED (click here)

AVOIDING SCAMS (click here)

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by ForSaleInAmerica5G and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of ForSaleInAmerica5G. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, ForSaleInAmerica5G takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

In the event that a conflict or ambiguity arise between this Disclaimer and any other parts of this "Terms of Service" info, this Disclaimer takes precedent over all.

AFFILIATE LINK DISCLAIMER
This website contains affiliate links. These links can pay me a commission if purchases are made through them.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS, OR ANY OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKS

THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEBSITES OR RESOURCES. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE 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 USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, ForSaleInAmerica5G, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys‘ fees, resulting from any violation of this agreement by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

PROMOTIONS

From time to time, we may post a contest, sweepstakes, or other similar promotion ("Promotion") on our social media websites or the Site. Unless otherwise stated in the Official Rules for such Promotions, and, in addition to and as part of the Terms of Use and Privacy Policy, by participating in any such Promotion you acknowledge and agree to be bound by the following terms:

TAXES

We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.

JURISDICTION AND GOVERNING LAW

By accessing this Site and/or using our Services, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflicts of law principles. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

DISPUTES AND ARBITRATION AGREEMENT

Any dispute or claim relating in any way to the Services, including products or services sold or distributed through our websites, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these revised Terms of Use.

Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described below. Without limiting the foregoing, if for any reason a claim proceeds in court rather than in arbitration, WE EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section.

If a dispute arises, we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.

If your dispute is not resolved by Customer Service, before beginning arbitration, please send written notice describing the claim to the Office of the General Counsel at the following address:

ForSaleInAmerica5G

2244 2ND Ave. North; St. Petersburg, Florida 33713
ATTN: General Counsel
Email: ForSaleInAmerica5G@yahoo.com

If the claim has not been resolved within 30 days of sending the notice, you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and forms are available at www.adr.org or by calling 877-495-4185.

NOTIFYING US OF CLAIMED COPYRIGHT INFRINGEMENT

If you wish to notify us of an alleged copyright infringement for material posted on the Site, to be effective, your notice must be a written communication to our designated agent that complies with Section 512(c)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your notice must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. The best method is to provide a URL in the body of an email.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
c/o Office of the General Counsel
ForSaleInAmerica5G

2244 2ND Ave. North; St. Petersburg, Florida 33713
Email: ForSaleInAmerica5G@yahoo.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

COUNTER-NOTIFICATION

If you elect to send us a counter-notice, to be effective, your counter-notice must be a written communication to our designated agent that complies with Section 512(g)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your counter-notice must include substantially the following:

A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber‘s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber‘s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
c/o Office of the General Counsel
ForSaleInAmerica5G

2244 2ND Ave. North; St. Petersburg, Florida 33713
Email: ForSaleInAmerica5G@yahoo.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

WEBSITE ACCESSIBILITY

ForSaleInAmerica5G is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable standards, including WCAG 2.0 accessibility standards up to level AA. If you experience any difficulty in accessing any part of this website, please feel free to contact us and we will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you consistent with applicable law (for example, through telephone support).

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