|
|
|
|
![]() |
![]() |
|
|
![]() |
|
|
|
Introduction | License and Site Access | Electronic Communications | Service and Support for Goods Sold | Links | Advertisement | Affiliate | Recordings | Declaration of Intent | Piracy and Infringement | DMCA | Indemnification | Disclaimer of Warranty | Limitation Liability | Governing Law & Jurisdiction | Severability | Waiver | Entire Agreement READ CAREFULLY. This Terms of Use Agreement ("Customer Agreement, " "Agreement" or "Terms of Use") contains the terms and conditions that govern the sales transaction between Shop4FTA and you and, if applicable, the company or other legal entity you represent (collectively, “you”). "Shop4FTA, " "we, " "us, " or "our" means Grand American Technology, Inc. or any of its affiliate companies, as the case may be. "You" or "your" means the customer. A "site" means a website. "Shop4FTA Site" means the shop4fta.com site or any other online pages operate by Shop4FTA, as applicable. Shop4FTA Site is the property of Grand American Technology, Inc. This Agreement incorporates by reference (1) The Privacy Policy ("Privacy Policy") and (2) The Shipping and Returns Policy ("Shipping and Returns") posted on Shop4FTA site, as these policies and terms may be modified by Shop4FTA or its affiliates from time to time. BY PLACING AN ORDER FROM SHOP4FTA SITE, YOU (A) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS LISTED BELOW; (B) AGREE THAT THE FOLLOWING TERMS AND CONDITIONS ARE THE EXCLUSIVE TERMS GOVERNING THE SALES TRANSACTION BETWEEN YOU AND SHOP4FTA; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR). IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS LICENSE AGREEMENT. ANY ATTEMPT TO ALTER, SUPPLEMENT, MODIFY OR AMEND THESE TERMS AND CONDITIONS BY THE YOU WILL BE CONSIDERED A MATERIAL ALTERATION OF THIS AGREEMENT AND, THEREFORE, ARE NULL AND VOID. IN ADDITION, THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME, WITHOUT PRIOR WRITTEN NOTICE. THEREFORE, PLEASE CHECK THESE TERMS AND CONDITIONS CAREFULLY EACH TIME YOU PLACE AN ORDER WITH OR ACCEPT DELIVERY OF ANY GOODS FROM SHOP4FTA. Top of Page License and Site Access Shop4FTA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Shop4FTA. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Shop4FTA. You may not use any meta tags or any other "hidden text" utilizing Shop4FTA's name or trademarks without the express written consent of Shop4FTA. Any unauthorized use terminates the permission or license granted by Shop4FTA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Shop4FTA.com so long as the link does not portray Shop4FTA, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Shop4FTA logo or other proprietary graphic or trademark as part of the link without express written permission. Top of Page Electronic Communications & ECPA Notice When you make a purchase through Shop4FTA site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. To stop receiving our marketing emails, follow the opt-out procedures set forth in such marketing emails. This web site treats email messages and other communications through this site as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). E-mail is not a media to violate any laws or to discuss illegal activities. This type of activity includes, but is not limited to, advocating or asking for information regarding unauthorized third party software or signal piracy, unauthorized emulators of software or hardware, sharing or distributing viruses, licenses, registration information, software keys, "cracks," "hacks," or other information designed to do harm to or allow unlawful access to any computer or electronic hardware, software, networks, or any other systems. Please refrain from asking or sending or posting this kind of message. All email communication are recorded and we reserve the right to disclose such information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect the rights or property of Shop4FTA or its affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public. We cooperate with law enforcement agencies in identifying those who may be using our products or services for illegal activities. We also reserve the right to report any suspected illegal activity to law enforcement or injured party for investigation or prosecution, or to refuse service, or to suspend or terminate your account in connection with any suspected illegal or infringing activity. Top of Page Service and Support for Goods Sold We do not offer any sort of technical assistance. We cannot offer advice on compatibility of items, make product recommendations, provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at Shop4FTA site. We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates our Terms of Use or applicable law. You may not use our product or service for any illegal or unauthorized purpose nor may you, in the use of the Product or Service, violate any laws in your jurisdiction (including but not limited to Digital Millennium Copyright Act or DMCA law) as well as the laws of the United States and the state of California. We take this rule extremely seriously and have no hesitiation to report any suspected illegal activity to law enforcement for investigation or prosecution, or to refuse service or support to customer who is in breach of this policy. We reserve the right to disclose information submitted by or concerning any customer, as we reasonably believe is necessary to protect our business. Specifically, but without limitation, we reserve the right to disclose such information when a customer is in violation of our Terms of Use or other applicable laws, or partakes (or is reasonably suspected of partaking) in any harmful, infringing or illegal activity, even without a subpoena, warrant, or other court order. Top of Page Links The Shop4FTA site may contain links to websites that are not under our control (“Third Party Sites”). We are not responsible for the contents or functionality of any Third Party Sites or any website that can be accessed via links on any Third Party Site. We provide these links to you as a convenience and the inclusion of any such links does not constitute or imply our endorsement or validation of any Third Party Site. Top of Page Advertisement Disclaimer The appearance of advertising on Shop4FTA websites is neither a guarantee nor an endorsement by the Shop4FTA of the product, service, or company or the claims made for the product in such advertising. Online advertisements rotate randomly through the sites, and the Shop4FTA does not control where the advertisements appear or any coincidental alignment of content topic. Advertisements and statements contained herein are the sole responsibility of the persons or entities that post the advertisement, and Shop4FTA does not make any warranty as to the accuracy, completeness, truthfulness or reliability of such advertisements, or the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an offer in connection with any of these advertisements. Shop4FTA has no liability whatsoever for any third party claims arising in connection with such advertisements or any products or services mentioned therein. Shop4FTA is not responsible for ads placed herein that may be in violation of specific state regulations. We strongly encourage you to do your own due diligence before responding to any offer. Ads by Google are keyword-targeted advertisements provided through the Google AdWords™ program. These listings are administered, sorted and maintained by Google. Google may place or recognize a unique "cookie" on your Web browser. Information from this cookie may be used by Google to help provide advertisers with more targeted advertising opportunities. For more information about Google's privacy policy, including how to opt out, go to www.google.com/ads/preferences. By clicking on any advertiser link, you will leave Shop4FTA.com. The web site you will go to is not endorsed by us. While we do our best to monitor the ads that come through the Google Ads, some ads may slip by us due to the fact that each ad is showed by geographic region and other statistics. If you find an inappropriate ad that is not aligned with our policy, unethical, or violates your state's regulations, don't click on the ad. Write the web address of the advertiser down and email it to us with a note explaining the situation. We'll check out the website and if inappropriate have it banned from showing back up on our website. Click here to write us an e-mail with a description of the problem: I FOUND AN INAPPROPRIATE ADVERTISEMENT If that does not work in your e-mail utility, send an e-mail to: legal@shop4fta.com with the subject: Inappropriate Advertisement Top of Page Affiliate Disclaimer As directed by the FEDERAL TRADE COMMISSION, (see 16 CFR Part 255) – Guides Concerning the Use of Endorsements and Testimonials in Advertising, the purpose of this policy is to establish any compensatory affiliation between the site owner and affiliate networks Amazon, Clickbank, Commission Junction, Google, Share-A-Sale and any individual vendors they represent and that the site owner has established an affiliate relationship. This website does not guarantee any offers made by any of the advertisers, sponsors, or business opportunities mentioned herein. While every business and persons associated with said businesses are believed to be reputable, this website cannot and does not accept responsibility for their actions; therefore, customers or visitors using this information do so at their own risk. This website may at times accept forms of cash advertising, sponsorship, paid insertions or other forms of affiliate compensation. The compensation received may or may not influence the advertising content, topics or posts made on this site. That content, advertising space or post may not always be identified as paid or sponsored content. Not all content is written or presented for the sole purpose of receiving affiliate income. Clicking on links or purchasing products contained on this website may generate income for this website owner(s). The owner(s) of this website is compensated through various affiliate programs and some content presents opinions on products, services, websites and various other topics. Even though the owner(s) of this website may receive affiliate compensation for reviews or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely the website’s’ own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question. This website does contain some content which may or may not present a conflict of interest. This content may not always be immediately identified due to the nature of posting methods. When possible every attempt will be made to identify advertising from general non-advertising content. Top of Page Recordings Shop4FTA does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with Shop4FTA unless Customer has provided clear and conspicuous notice to Shop4FTA and has received prior written consent from Shop4FTA. Top of Page Declaration of Intent Do not purchase or hook up your equipment until you have read and agreed to these Terms of Use and Declaration of Intent. All sales are contingent upon your review of these Terms. By purchasing this equipment, the purchaser agrees to the Terms below. You understand that certain cable/satellite television equipment sold legally may nevertheless be used in an unauthorized manner to aid in the theft of cable/satellite television services. As an inducement to the dealer to sell me cable/satellite equipment, You , hereby declare, under penalties of perjury, that you understand that federal law and various state and local laws provide for substantial criminal and civil penalties for the theft of cable/satellite television services, and that all products that you purchase from Shop4FTA, now and in the future, will not be used to intercept any cable/satellite television signal without proper authorization from your local cable/satellite company and payment of all lawful charges, and you will only use the equipment in accordance with all applicable federal, state and local laws. Shop4FTA is selling you equipment so that you may use in a legitimate way as intended. It is not the intent of Shop4FTA to defraud any cable/satellite company, and Shop4FTA will not assist any individual in doing so. Receiving cable/satellite signals without proper payment is a crime. It is the customer's responsibility to notify their cable/satellite company of any equipment they may have, and must obtain permission to use such equipment. Shop4FTA will not be held responsible for any damages physical or legally that may be incurred while using equipment purchased from Shop4FTA. You must comply with all federal, state and local laws regarding private ownership of cable/satellite TV equipment. In the event that you are a dealer in cable/satellite television equipment, you will not advertise such products with the intent that any purchaser buy the equipment for the purpose of aiding in any theft of cable/satellite television services, nor will you sell or otherwise transfer any equipment you have purchased from Shop4FTA to any third party who you know or may suspect will use any such cable/satellite equipment for the theft of cable/satellite television services. As an inducement to the dealer, you agree to indemnify Shop4FTA for any liabilities, cost or expense which may incur, including but not limited to attorney fees and court costs, as a result of my breach of the foregoing declaration. By placing an order, the purchaser states that he/she is of legal age and those products ordered will only be used in a lawful manner. It is the sole responsibility of the end user to ensure compliance with Federal, State and Local laws when using these products. Top of Page WARNING AGAINST PIRACY AND INFRINGEMENT A. Piracy. Receiving any portion of the cable or satellite signals or services without paying for them and/or any direct or indirect act or attempted act to engage or assist in any unauthorized interception or reception of any portion of the cable or satellite signals or services is a violation of various U.S. federal and state laws and of this Agreement. The penalties for violating such laws can include imprisonment and fine. B. Infringement. it is a federal crime to modify cable or satellite equipment to receive encrypted (scrambled) television programming without payment of required subscriptions. Conviction can result in a fine and/or imprisonment. Any person who procures cable or satellite equipment that has been modified to receive encrypted (scrambled) television programming without payment of required subscriptions is an accessory to that offense and may be punished in the same manner. Investigative authority for violations lies with the Federal Bureau of Investigation. The cable or satellite equipment may incorporate copyright protection technology that is protected by U.S. patents and other intellectual property rights. Top of Page DMCA: Digital Millennium Copyright Act Notice and Policy Shop4FTA.com (Grand American Technology, Inc.) respects the intellectual property of others. If you believe that your copyright has been infringed through the Shop4FTA.com website, please contact "Legal Department", via facsimile at (877) 487-2458, email at legal@shop4fta.com, or mail at: Attn: Legal Department, Grand American Technology Inc., 1005 E. Las Tunas Dr #646 San Gabriel, CA 91776 Any written notice describing the infringing activity must include the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; 2. A description of the allegedly infringing work or material; 3. A description of where the allegedly infringing material is located on the site; 4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; 5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and 6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed. You acknowledge that in order for Shop4FTA to be authorized to any action, your DMCA Takedown Notice must comply with all of the foregoing requirements. Upon receipt of a valid notification of alleged copyright infringement by a third party, Shop4FTA will deactivate the product or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Shop4FTA, if injured by relying upon such misrepresentation in removing, deactivating, or disabling access to the material or product claimed to be infringing. Top of Page Indemnification You agree to indemnify and hold harmless Shop4FTA.com and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or improper use (i.e. hacking or pirating encoded pay satellite signal) of our products by the Buyer/User or a third party, or your violation of any law, regulation or third-party right. Top of Page DISCLAIMER OF WARRANTIES; ALL PRODUCTS SOLD "AS-IS" OR "WITH ALL FAULTS" SHOP4FTA IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY SHOP4FTA ARE NOT MANUFACTURED BY SHOP4FTA. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). SHOP4FTA ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. SHOP4FTA MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. SHOP4FTA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL ITEMS SOLD THROUGH THIS SITE ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR SHOP4FTA.COM, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. Top of Page LIMITATION OF LIABILITY THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. SHOP4FTA IS NOT RESPONSIBLE TO ANYONE FOR ANY LOSS OR DAMAGE OCCASIONED BY, OR ARISING OUT OF THE IMPROPER OR ILLEGAL USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE. IN NO EVENT WHATSOEVER, SHALL SHOP4FTA BE LIABLE FOR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT BEING LIMITED TO, ANY LOSS OF PROFITS OR LOSS OF BUSINESS, AS A RESULT OF ANY BREACH OF THE TERMS HEREOF BY THE USER/BUYER OR ANY THIRD PARTY. THE EQUIPMENT SOLD BY SHOP4FTA IS INTENDED FOR LEGITIMATE USAGE ONLY. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ENSURE COMPLIANCE WITH ALL LAWS WHEN USING THESE PRODUCTS. IT IS A CRIMINAL OFFENCE TO ILLEGALLY ACCESS ENCRYPTED SATELLITE SIGNALS. IF YOU ARE USING ILLEGITIMATE METHODS TO WATCH A PAY TELEVISION SIGNAL WITHOUT COMPENSATING ITS OWNER, THEN YOU COULD BE IN VIOLATION OF ONE OR MORE LAWS, AND MAY BE SUBJECT TO PROSECUTION UNDER THE LAWS OF YOUR COUNTRY. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT SHOP4FTA SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO SHOP4FTA BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF SHOP4FTA. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. Top of Page Governing Law and Jurisdiction Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Shop4FTA and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Shop4FTA and Customer consent to the exclusive jurisdiction and the exclusive venue of the state and/or federal courts located in Los Angeles County, California, to resolve any dispute between them related hereto. Both Shop4FTA and Customer waive all rights to contest this exclusive jurisdiction and venue of such courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Shop4FTA that is more than one year after the date of the applicable invoice. Top of Page Severability If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law. Top of Page Waiver The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing. Top of Page Entire Agreement These Terms and Conditions, together with Shop4FTA's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Shop4FTA and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Shop4FTA and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. |