TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR USE OF THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS THEY MAY BE MODIFIED BY 3G AMERICAS, LLC FROM TIME-TO-TIME AND POSTED ON THIS WEB SITE. THE 3G AMERICAS, LLC ORGANIZATION IS NOW DOING BUSINESS AS 4G AMERICAS. ALL COPYRIGHT, OTHER INTELLECTUAL PROPERTY, AND WEBSITE USAGE RULES APPLY TO BOTH THE 3G AMERICAS, LLC AND THE SUBSEQUENT 4G AMERICAS NAME.
EACH USER OF THIS WEB SITE AGREES AS FOLLOWS:
- Copyrights and Other Intellectual Property. Except as otherwise noted in this Web site (www.4gamericas.org), all information, documentation, trademarks, logo and other content posted in this Web site (collectively, the "Information") are the property of the 3G Americas, LLC. Without limiting the foregoing, the graphics, icons and overall appearance of this Web site are the property of 3G Americas, LLC. The posting of Information does not constitute a waiver of any of 3G Americas, LLC proprietary rights in such Information (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The Information is protected by U.S. and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any Information you obtain from this Web site. You may not sell or republish, or copy for other than your own individual use, the Information or any portion thereof without the prior written consent of 3G Americas, LLC. You may not modify, edit or take out of context the Information such that its use creates a false or misleading statement or impression as to the positions, statements or actions of 3G Americas, LLC. If you breach any of these Terms, your authorization to use this Web site automatically terminates and you must immediately destroy any downloaded or printed materials.
- Links to This Web Site. This site is the property of 3G Americas, LLC. Other sites may not link to this site without the express written permission of 3G Americas, LLC.
- Links to Other Web Sites. Periodically, links may be established between this Web site and one or more Web sites operated or content provided by third parties. 3G Americas, LLC has no control over any such other Web sites or the contents therein and will have no liability arising out of or related to such Web sites or their content. The existence of any such link does not constitute an endorsement by 3G Americas, LLC of such Web sites, the contents of the Web sites or the operators of the Web sites.
- Non-Confidentiality of Communications. If you send a message to this Web site, such as (but not limited to) an email to the Webmaster, you hereby grant to 3G Americas, LLC the right to read, use, distribute, disclose and otherwise handle the communications as 3G Americas, LLC deems appropriate in its sole judgment. You are hereby advised that no facilities are provided by this Web site for sending or receiving confidential communications.
- User Forums. 3G Americas, LLC may, but is not obligated to, monitor or review any areas on this Web site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. 3G Americas, LLC, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
- Ownership of Logos. 3G Americas, LLC is the sole owner of all right, title and interest in its Logos, including all copyright and trademark rights therein. Use of these Logos requires the express prior permission of 3G Americas, LLC. Subsequent to obtaining such permission, use of the 3G Americas and 4G Americas Logos is subject to the following terms and conditions:
- You will do nothing inconsistent with 3G Americas, LLC's sole ownership of all rights in the Logos. You will not adopt, use or seek to register as a trademark the Logos or any confusingly similar marks or Logos.
- Your use of the Logos will inure to the sole benefit of 3G Americas, LLC.
- You agree to use the Logos only in the form and manner prescribed by 3G Americas, LLC. You may not alter or modify any of the Logos without 3G Americas, LLC's express written permission. You must accompany your use of the Logos with the "SM" designation until notice of registration, after which notice the "®" designation must be used.
- To the extent that your use of the Logos is in connection with goods or services provided on behalf of 3G Americas, LLC, you agree that the nature and quality of all such goods and services shall be subject to 3G Americas, LLC's inspection, approval and quality control, and that your use of the Logos will conform to standards set by, and be under the control of, 3G Americas, LLC.
- Third-Party Trademarks. Trademarks, logos, and service marks not owned by 3G Americas, LLC that may be displayed on this Web site are the registered and unregistered marks of their respective owners. No rights are granted by 3G Americas, LLC to use such marks, whether by implication, estoppel, or otherwise.
- Responsibility for Content. 3G Americas, LLC does not screen, edit or review material submitted by users. 3G Americas, LLC will therefore accept no responsibility or liability for any material, which may reside in or is accessed by this Web site. You may not link, upload, post or transmit to this Web site any material that is illegal, obscene, or, in 3G Americas' sole judgment, offensive or otherwise inappropriate. You agree to indemnify 3G Americas, LLC from any damage, loss, cost or expense which may be incurred by 3G Americas, LLC as a result of the material you link, upload, post, or transmit to this Web site. 3G Americas, LLC has no duty to review or edit materials submitted by users. Any such materials may be removed by 3G Americas, LLC at any time for any reason. 3G Americas, LLC avails itself of the safe harbor protections of the Digital Millennium Copyright Act and the Communications Decency Act, and reserves the right to remove any content that allegedly defames, or infringes the copyright or personal or privacy rights of, any other person or entity. Notices to 3G Americas, LLC regarding any alleged copyright infringement should be directed to Chris Pearson, 3G Americas LLC, 1750 - 112th Avenue NE, Suite B220, Bellevue, WA 98004, USA, firstname.lastname@example.org, or to legal counsel Robert C. Cumbow, Graham & Dunn PC, 1420 Fifth Avenue - 33rd Floor, Seattle WA 98101-2390, USA, email@example.com.
- Retention and Use of Personal Information: 3G Americas, LLC respects your ability to make informed choices about the collection and uses of your personal information. When you access this Web site, some information-such as the site that referred you to the 3G Americas, LLC Web site, your IP address, and your email address-may be automatically collected as part of the operation of this Web site. We may use this information to generate user profiles and to personalize our Web site to your particular interests. We may require you to provide your age and date of birth in order to insure compliance with U.S. government restrictions on Web sites' providing content to, and acquiring information from, children. Any such personal information as may from time to time be collected from this Web site is stored indefinitely. 3G Americas, LLC may share statistical information about its users with third-party associates with whom we share content-providing services. 3G Americas, LLC does not share information with organizations other than its own associates, and does not sell its subscriber information. Any personal information we collect may be used for such purposes as processing transactions, customer service, marketing, product and service development, and facilitating subsequent use of this Web site. Because of the nature of the Internet, such data may pass through any country. Unless you opt out (see below), you hereby consent to this policy, and we may from time to time notify you of new products or services, or other information that may interest you. You may also receive similar notifications from our third-party associates. We also reserve the right to disclose any such personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.
- Opt-Out: If you do not want to receive promotional information from 3G Americas, LLC or our third-party associates, you will be able to express this preference by contacting us at firstname.lastname@example.org. We will take reasonable steps to deactivate your name from our marketing lists when we receive your request. However we will not be responsible for recalling information we may have already provided to our third-party associates prior to receiving and processing your opt-out request.
- Children: It is not our intention to collect personal information from anyone under 13 years of age. If you are under 13, we must have express written permission from a parent before you may use this site. The authorizing parent must email us at email@example.com, certifying the parent's age and authority, and giving us express permission to acquire and retain any such personal information from you as we may normally obtain from users of this site.
- Recourse: If at any time you believe that 3G Americas, LLC has not followed the above policy, please let us know by contacting Chris Pearson, 1750 - 112th Avenue NE, Suite B220, Bellevue, WA 98004, USA, firstname.lastname@example.org,and we will make reasonable efforts to identify and correct any problem.
- Waiver of Warranty; Limitation of Liability. Although 3G Americas, LLC attempts to provide useful Information, 3G Americas, LLC does not guarantee that the Information is accurate, current or suitable for any particular purpose. 3G Americas, LLC assumes no obligation to update or continue to post the Information. 3G Americas, LLC does not guarantee that access to this Web site will be uninterrupted, that this Web site will be free of viruses or that this Web site cannot be tampered with by third parties. THIS WEB SITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THIS WEB SITE AND THE INFORMATION IS AT THE USER'S SOLE RISK. IN NO EVENT WILL 3G Americas, LLC DOING BUSINESS AS 4G AMERICAS, BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS WEB SITE, ANY WEB SITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN THIS WEB SITE OR ANY OTHER WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF 3G Americas, LLC IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Claims. Any action on any claim against 3G Americas, LLC must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
- General. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington, without reference to any conflict of law principles. You hereby consent to venue in and jurisdiction of the state and federal courts sitting in King County, State of Washington. Notwithstanding anything to the contrary, 3G Americas, LLC shall have the right to elect in its sole discretion the forum for any lawsuit arising hereunder brought by the 3G Americas, LLC. Because you shall have access to the Information and other valuable proprietary materials of 3G Americas, LLC, you agree that 3G Americas, LLC shall have the right to enforce these Terms and Conditions and any of its provisions by injunction (without being required to show any actual damage or to post an injunction bond), specific performance or any other equitable relief without prejudice to any other rights and remedies that 3G Americas, LLC may have for the breach of these Terms and Conditions. The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and the Terms and Conditions will be construed as if such unenforceable provision had not been contained therein. No waiver by 3G Americas, LLC of any right under or provision of these Terms and Conditions will be deemed to be either a waiver of any other such right or provision of a waiver of that same right or provision at any other time.