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Home > Terms & Conditions
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PLEASE READ THESE TERMS AND CONDITIONS OF SALES CAREFULLY BEFORE MAKING ANY PURCHASE ON THIS SITE. By making a purchase on this site using your electronic signature (as more fully described below), you signify your assent to these Terms & Conditions of Sale. If you do not agree to these Terms and Conditions of Sale, please do not purchase any products electronically from this site.
By transacting business with Satellite Discount Store, hereinafter referred to as SDS, and/or its parent company, GMPCS Personal Communications, Inc., and its affiliates and subsidiaries you hereby agree to the terms and conditions as outlined within this agreement.
Please check these Terms and Conditions of Sale periodically for changes prior to any purchase. Your continued use of this SDS website or that of its parent company, GMPCS Personal Communications, Inc., and its affiliates and subsidiaries, means you accept any changes following the posting of changes to these terms.
The following Terms and Conditions of Sale apply to all sales by SDS:
1. Account Password and Security:
a. You will create and/or receive an account username and password for access in completing the Web store ordering process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SDS 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.
b. SDS cannot and will not be liable for any loss or damage arising from your failure to comply with this section of this Term and Condition of Sale.
2. Payment and Sales Tax:
a. All sales are final and all sales must be prepaid or processed with approved credit prior to shipping. SDS accepts USA VISA, Master Card, and American Express credit cards for all purchases. SDS may accept foreign credit cards subject to address and account verification. SDS validates all foreign credit cards through the originating bank who in turn may contact the card holder for security purposes. This security procedure may take up to 48 hours.
b. SDS utilizes GMPCS Personal Communications, Inc. as its shipping center, which charges sales tax on all shipments to Florida destinations. GMPCS accepts Florida reseller certificates only if they are submitted prior to purchasing the product. To submit your Reseller Certificate to GMPCS, please contact us for further details. Purchase Orders from corporations, city, state and federal government agencies will be processed subject to credit approval and verification of the payment process.
c. SDS Personal Communications honors all manufacturers' warranties, and will assist you in processing warranty claims, however all sales of equipment by SDS or GMPCS Personal Communications are FINAL.
3. Shipping:
a. GMPCS generally ships all orders within 24 hours of being placed, unless product is on back order, limited availability or special order status. Orders placed on weekends or holidays are shipped the following business day.
b. Products are normally shipped using standard DHL or FedEx Ground. Upon customer's request GMPCS will expedite shipping via FEDEX P-1 or other means. GMPCS charges actual shipping fees plus a $9.00 per shipment handling fee.
c. For orders over 150 pounds G MPCS will ship via common carrier truck.
d. GMPCS does not ship to APO addresses.
4. Refused or undeliverable shipments:
a. Will be subject to a restocking fee of 20%. In addition to applicable shipping, transaction and insurance fees.
5. Back Orders:
a. SDS make an effort to continuously update our product listings to ensure the accuracy of inventory availability. When a product is out of stock, your order will be automatically placed on back order. You will be charged via your credit card for the entire order amount. Items placed on back order are shipped as soon as they become available from the manufacturer.
6. Special Orders:
a. Certain special orders, including custom products, special configurations, and build to order requests, require 3 to 5 day order lead time, and may require payment in advance. Please see the individual product description for more details.
7. Order Cancellation :
a. SDS reserves the right to cancel a sale or to issue a Return Merchandise Authorization (RMA) for merchandise that is advertised in error, is unexpectedly out of stock, does not conform to specifications, or was shipped in error.
8. Advertising Disclaimer:
a. SDS is not responsible for product prices advertised in error. Advertised prices and available quantities are subject to change without notice. Prices advertised in the Special Deals email are valid for 5 days from date of issue.
9. Fraud:
a. It is a violation of the law to place orders under a false name or with an invalid credit card. We have a sophisticated Fraud Control system that screens for suspicious orders, which are subject to investigation and possible cancellation by our Fraud Control team. Fraudulent ordering will be prosecuted to the fullest extent of the law. Please be aware that even if you do not give SDS your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. Both the FBI and the US Secret Service are responsible for investigating Internet fraud cases.
10. System Availability:
a. SDS makes every effort to maintain 100% system availability, except during scheduled maintenance periods. Should we experience technical difficulties, We are not responsible for orders that are not processed or accepted.
11. Prepaid Airtime:
a. You have the option of purchasing prepaid airtime at the same time you purchase a Globalstar, Iridium or Thuraya terminal. Inmarsat Airtime must be purchased separately by completing a GMPCS service agreement for the appropriate Inmarsat service. Prepaid airtime purchased through our on-line store will be added to the terminal prior to shipping. You will receive a confirmation e-mail regarding their prepaid airtime, how to check the amount of remaining airtime, the expiration date of the airtime and how to add additional airtime. It is important to note that while Iridium and Thuraya prepaid airtime is traditional prepaid airtime and the terminal will not be able to make additional calls once the prepaid airtime expires or runs out, Globalstar airtime represents the pre-purchase of a block of airtime to be used in the home calling area. If you exceed your pre-purchased airtime, make long-distance calls from the home area to international locations, or roam with Globalstar phone outside the home area you will be charged for this extraordinary usage. These extraordinary charges will be charged against your credit card of record on a monthly basis.
12. Digital Signature Provisions:
a. You acknowledge and agree that by clicking on the ACCEPT - I HAVE READ THE TERMS AND CONDITIONS OF THIS PURCHASE AND AGREE button, or similar buttons or links as may be designated by SDS to show your approval of any foregoing text, you are entering into a legally binding contract with SDS, its affiliates and subsidiaries. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and to the electronic delivery of notices, policies and records of transactions initiated or completed through SDS or GMPCS Personal Communications, Inc. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable mandatory law, which require an original (non-electronic) signature or delivery or retention of non-electronic records.
b. Further, you represent and warrant that you have the legal right, power and authority to agree to the these terms on behalf of yourself or buyer on whose behalf you are acting. You further agree that your use of a user name and password constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this agreement and acknowledged and agreed that this agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the buyer or supplier on whose behalf you are acting.
13. Export Control:
a. The Customer acknowledges that any Equipment provided under this agreement is subject to U.S. export laws and regulations and any use or transfer of such Equipment must be authorized under those regulations. The Customer agrees it will not use, distribute, transfer or transmit the Equipment, directly or indirectly to any third country, except in compliance with U.S. export regulations.
14. Indemnification of SDS, GMPCS Personal Communications, Inc. it's affiliates and subsidiaries:
a. SDS, GMPCS Personal Communications, Inc. it's affiliates and subsidiaries, shall not be liable for (i) libel, defamation, slander or infringement of copyrights or patents in connection with the use its products, (ii) infringements of patents arising from the combination, or use of any product with apparatus or systems of yours or other third parties, and (iii) any loss or damage arising out of or in connection with any act or omission by you or any other person or entity in connection with any product being purchased from SDS. You hereby agree to indemnify and hold SDS, GMPCS Personal Communications, Inc. it's affiliates and subsidiaries harmless from all such liability and shall protect and defend SDS from any suits or claims and shall pay all expenses and satisfy all judgments which may be incurred or tendered against SDS, GMPCS Personal Communications, Inc. it's affiliates and subsidiaries resulting from the use or misuse of any product.
15. Warranties and Repairs:
a. SDS guarantees that any product purchased shall be in good working order and conform to the manufacturer's specifications. SDS warranties under the manufactories warranty. Refer to manufacturers warranty information provided with the product for all terms and conditions.
b. If the product is returned for warranty work but upon inspection it is determined repairs are necessary due to damage unrelated to warranty items including but not limited to your misuse, negligence or deliberate acts you shall be liable for all repairs costs including a $100.00 inspection fee. SDS or GMPCS Personal Communications, Inc. will have the final authority in determining whether any liability has arisen as a result of equipment failure.
16. Limitation of Liability:
a. EXCEPT FOR ANY WARRANTY SPECIFICALLY SET FORTH IN THIS CONTRACT, IF ANY, SDS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE EQUIPMENT AND THE SERVICES
b. IN THE EVENT SDS OR GMPCS IS UNABLE TO PROVIDE THE EQUIPMENT OR SERVICES THEN THE PARTIES AGREE CUSTOMER'S SOLE REMEDY SHALL BE LIQUIDATED DAMAGES IN AN AMOUNT EQUAL TO THE AMOUNTS PAID BY CUSTOMER TO SDS FOR THIS EMERGENCY AGREEMENT DURING THE TERM AND FOR THE REASONABLE COST OF OBTAINING EQUIPMENT FROM ANOTHER EQUIPMENT PROVIDER FOR THE PERIOD OF TIME SDS IS UNABLE TO PROVIDE THE EQUIPMENT.
c. SDS, GMPCS OR ITS VENDORS AND AFFILIATES SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SDS, GMPCS OR ITS VENDORS AND AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS CONSEQUENTIAL OR INCIDENTAL) ARISING OUT OF THE USE OR INABILITY TO RECEIVE THE EQUIPMENT OR SERVICES EVEN IF SDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SDS WILL NOT BE LIABLE FOR ANY DELAY IN PERFORMANCE DUE TO CAUSES BEYOND THE REASONABLE CONTROL OF SDS.
d. You agree to indemnify and hold SDS, GMPCS and its subsidiaries, affiliates, officers, agents, employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our online services.
17. Governing Law:
a. THIS CONTRACT IS GOVERNED BY THE LAWS OF THE STATE OF FLORIDA AND WILL BE INTERPRETED BY THE LAWS OF THE STATE OF FLORIDA AND APPLICABLE TARIFFS, NOT WITHSTANDING ANY PRINCIPLES OF CONFLICTS OF LAW.
18. Venue:
a. YOU AGREE THAT NO MATTER WHERE ANY OF THE PARTIES ARE LOCATED IT IS AGREED THAT THE CONTRACT WAS EXECUTED IN BROWARD COUNTY, FLORIDA. ANY LEGAL PROCEEDING COMMENCED BY ONE PARTY AGAINST THE OTHER, SHALL BE BROUGHT IN THE STATE COURT ONLY IN BROWARD COUNTY, FLORIDA HAVING PROPER JURISDICTION. BOTH PARTIES SUBMIT TO SUCH JURISDICTION AND WAIVE ANY OBJECTION TO VENUE AND/OR CLAIM OF INCONVENIENT FORUM.
19. Other Terms and Conditions:
a. The invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not effect the validity, legality or enforceability of the remainder of this agreement, it being intended that all rights and obligations of the parties hereunder shall be enforceable to the fullest extent permitted by the laws of the State of Florida and the United States of America.
20. Other Providers:
a. GMPCS Personal Communications is a certified Inmarsat Service Provider (ISP), and a fully authorized distributor of Inmarsat Equipment from NERA Telecommunications, Thrane and Thrane A/S, Globalstar USA, Iridium, Thuraya and others. GMPCS Personal Communications provides satellite airtime from France Telecom, Stratos-Xantic, Telenor, Thuraya, Iridium and Globalstar USA. Please ensure you review and agree to the Terms and Conditions of any of these ISPs and airtime providers.
21. Build Your Own Airtime Plan/Post Paid Airtime Plans
GMPCS’s Postpaid Airtime Plan allows the user to build the rate plan that best fits their need by buying down the effective per minute rate through the advance purchase of 100 minute blocks of airtime. There is no activation fee for the Build Your own Airtime Plan. The Service Fee can be paid monthly by credit card at the rate of $27.95 per month, or annually in advance at the rate of $335 per year. The airtime rate for mobile-to-fixed or Iridium-to-Iridium calls is $1.49 per minute. You can buy down this airtime rate to as low as $0.99 per minute buy buying blocks of 100 minutes to be applied to your plan. Once the advanced purchased minutes are used up, the airtime rate reverts to $1.49 per minute. Additional blocks of 100 minutes can be purchased during the service period to lower the effective airtime rate. The Build Your Own Airtime Plan is an annual airtime plan with an early cancellation penalty of $200 during the first year. Each block of advance purchased minutes has an effective period of one year from the date of purchase. Please check below to indicate whether you want to pay your monthly service fee on a monthly or annual basis, and then check if you want to advance purchase any blocks of airtime to effectively lower your per minute rate. If you don’t elect to advance purchase any minutes at this time, your effective per minute rate will be $1.49, and you will be able to advance purchase blocks of minutes at any time during your service period.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF SALE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT –I HAVE READ THE TERMS AND CONDITIONS AND AGREE BUTTON AND/OR COMPLETING THE PURCHASE OF ANY PRODUCT, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS OF SALE AND GRANT TO GMPCS THE RIGHTS SET FORTH HEREIN.
Airtime Terms & Conditions
Duration of Contract: All Post Paid Airtime Service Agreements are for a minimum term of one (1) year.
Airtime Rates: Airtime rates offered in our postpaid and prepaid plans are based on calls originating and terminating from/to
anywhere in the world using your Iridium satellite phone to contact traditional telephones.
Prepaid Airtime: Once a prepaid Sim card has been activated, you must add an airtime voucher within 90 days or the Sim card
will be deactivated. (Reactivation of your Sim card will cost an additional $250.00). Also, once your prepaid minutes have been
completely depleted, your phone will not be able to send or receive calls. (Prepaid Minutes are not automatically recharged).
You must contact us to add additional minutes to your phone within 90 days of the depletion or expiration of your minutes or
your Sim card will be deactivated. All Prepaid airtime is non-refundable. Any remaining balance of airtime minutes will expire
with the card, and unused minutes will be forfeited.
Voicemail: Voicemail is now included in all Airtime Plans.
Why “Free” Incoming Calls Aren’t Really Free: Calling an Iridium Phone directly from a traditional telephone does not cost
the Iridium user anything. However, the person placing the call will be billed at a rate determined by their phone company (at an
average cost of $3.00- $5.00 per minute)
The Better Way To Contact An Iridium Phone: “2 Stage Dialing” is the easiest and most cost effective way to call your Iridium
phone. Have your callers contact you by dialing the Iridium special two stage service at 1-480-768-2500 and then they can simply
enter your Iridium phone number when prompted. Calls placed in this manner will be billed to your postpaid account and will be
listed as ”Sat Direct” calls on your bill (if you are on a prepaid plan, the Sim card will deduct this cost automatically). These calls are
billed at a rate of $1.50/minute to you and the caller only has to pay their standard long distance rate for a phone call to Arizona.
Calling Other Satellite Terminals: “Iridium to Iridium” calls are billed at $1.49 per Minute. Calls to other satellite terminals (not on
the Iridium satellite network) will be billed at a flat rate of $10.00/minute.
SMS Service: The Iridium “Short Messaging Service” is available via the internet, and allows your friends and family to send your
Iridium phone text messages of up to 160 characters at a time by simply going to the GMPCS website and clicking on the “SMS
Service” button, then clicking on the Iridium logo. The text message is free for anyone sending messages to your phone. Sending
text messages from your iridium phone will cost 50 cents per text message you send, but are free to receive. If you are on a
prepaid plan: the Sim card will burn at a rate of 30 seconds per text message.
I hereby authorize GMPCS Personal Communications, Inc., its providers, representatives and assignees, to charge my credit card
for the airtime services and all other related services and related charges indicated within this Service Agreement and will be
bound by the Terms and Conditions contained herein.
(1) Availability Of Limited Service: Service is generally available to satellite terminals equipped for this service when within the
satellite footprint. Service is furnished to Customer or Customer’s authorized user. A telephone number may not appear in more
than one terminal. Customer has no property right in such number. GMPCS reserves the right to assign, designate, or change
such number, when, in its sole discretion, such action is reasonably necessary in the conduct of its business.
(2) GMPCS Service: Customer has contracted to have GMPCS provide the service under the terms detailed in this Agreement at
Sections 5a and 5b. Basic Satellite Service is provided via the Iridium network utilizing land earth stations. Iridium service is
provided through stations operated by Iridium, LLC. Customer agrees to remain as a subscriber of the service for a period of one
year from the date of service activation, and furthermore, agrees to pay any applicable activation, monthly service, service usage
fees and any applicable taxes thereon. GMPCS reserves the right to change rates at anytime.
(2.1) Renewal: All Post-paid plans automatically renew at the end of 12 months (unless specifically cancelled by customer prior
to their anniversary date).
(2.2) Cancellation/Deactivation of service: Customers wishing to deactivate their Iridium phone MUST contact GMPCS before
the end of the contract term or the phone will be automatically renewed and fees will continue to be charged to their account.
Prepaid airtime is purchased from Iridium non-refundable.
(3) Early terminations: Early terminations of yearly service are subject to a $250.00 cancellation fee per terminal. Customer may
renew for successive one (1) year service periods at the same terms and conditions contained herein. Notice of termination should
be in writing to: GMPCS Customer Service Department, at 1501 Green Rd. Suite A-B, Pompano Beach, FL. 33064 USA no less
than thirty (30) days prior to the expiration of any term of this Agreement. This Service Agreement cannot be assigned without the
written consent of GMPCS. GMPCS reserves the right to terminate this Contract at any time during the contract period.
(4) Contractual Limitations/Plan changes: During the contract period, customer may change their pricing plan to a higher bundle
free of charge. Moving to a lower pricing plan, when applicable, with fewer included minutes will incur a fee of $50.00 and will
renew the twelve month contract period.
(5) Data Transmission Use & Dropped Calls: Due to the technical nature of data setups and the inherent sophistication of data
transmission through a variety of satellite and other operating systems, GMPCS makes no representation as to the success of
voice or data calls through any system. Customer agrees that all data call attempts regardless of ultimate successful transmission
and termination will be paid for and no credits will be given in the event of dispute of this nature. Along with potential incorrect use
(i.e.: next to a building/obstruction), all satellite systems (including low earth orbiting satellite constellations) have inherent flaws
and anomalies that can create dropped calls of either voice or data nature. Dropped calls will not be credited. GMPCS can
provide data setup technical support beyond the normal provided setup instructions at an additional charge. Please consult with a
sales representative for more details.
(6) Invoicing and Guarantee of Payment of Services: GMPCS will invoice customer monthly. This bill is due and payable upon
receipt. Monthly recurring charges are billed monthly in arrears. Customer understands that they are responsible for all air time
charges, including but not limited to direct airtime, long distance and roaming charges (if applicable), and charges for any
Customer-elected, value-added services (when available). Payment must be made in U.S. Dollars. Customer requests for direct
billing are subject to credit approval and may be subject to required deposits and/or direct payment by credit card or a guarantee
authorized against a valid accepted credit card.
(7) Taxes: The price of the service does not include sales, usage, excise, ad valorem, property or any other taxes now or hereafter
imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. Customer shall pay such taxes
directly or reimburse GMPCS for any such taxes.
(8) Deposits: Mobile Satellite services are granted subject to credit approval by GMPCS. GMPCS requires the establishment of
credit or the ability to pay invoices according to the established terms. Deposits of $500 to $1,000 are usually required for Non-US
citizens or customers who do not have established credit. Customers will be advised prior to service activation if a deposit is
required. Deposits will be refunded at service or contract termination.
(9) Foreign Credit Cards: Foreign credit cards will be accepted only after a complete verification has been done with the issuing
bank. The issuing bank must contact the credit card holder and confirm the authorization for the charge to be approved. Verification
of foreign credit cards may delay order processing for up to 72 hours. The deposit requirements in (8) above will still apply. GMPCS
reserves the right to decline any credit card transaction.
Initial:________
Svc Agmt Iridium _indiv_9.9.08
(10) Non-Payment / Breach: A late charge of the lesser of 1-1/2% per month will be applied to each of Customer’s service bills not
paid by the due date. This late charge is applicable to the unpaid balance as of the due date. Customer shall pay GMPCS all
costs including, without limitation, reasonable attorney fees, the fees of any collection agency, and any other costs incurred by
GMPCS in exercising any of its rights under the Agreement. Should Customers service be suspended for non-payment GMPCS will
charge a decommissioning fee of $50.00 per mobile terminal for re-activation of the suspended terminal. GMPCS charges a fee of
$35.00 for returned checks.
(11) Limitation of Liability: The satellite services provided by GMPCS may be temporarily interrupted, delayed or otherwise
limited and is not available everywhere in the world. GMPCS makes no representation that it can provide uninterrupted service.
Furthermore, GMPCS shall have no liabilities or credit due for interrupted service unless caused by the gross negligence of
GMPCS. GMPCS shall not be liable for acts or omissions of other carriers, equipment failures or modifications, acts of God,
strikes, government actions, or other causes beyond our reasonable control.
GMPCS MAKES NO WARRANTIES WITH RESPECT TO THE SERVICE OF ANY KIND WHATSOEVER, EXPRESSED OR
IMPLIED, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT. THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED. GMPCS
SHALL NOT BE LIABLE TO ITS DISTRIBUTOR OR CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES REGARDLESS IF CAUSED BY THE SOLE NEGLIGENCE OF GMPCS.
(12) Subscriber Terminals and Equipment: Unless provided otherwise, GMPCS is not responsible for the installation, operation,
quality of transmission, or maintenance of Customer equipment. If Customer’s equipment is stolen, Customer should notify
GMPCS immediately, but will still be held responsible for all charges as agreed upon in this Agreement.
(13) Licensing: Customers wishing to operate satellite phones while in foreign territories shall be required to obtain any and all
licensing or approvals that may be required to operate within that territory. GMPCS does not guarantee any authority to radiate
from territories other than those allowing trans-border operations of satellite equipment.
(14) Governing Law: This contract is governed by the laws of the State of Florida and applicable tariffs.
(15) CUSTOMER AGREES THAT ANY LEGAL PROCEEDING COMMENCED BY ONE PARTY AGAINST THE OTHER, SHALL
ONLY BE BROUGHT IN STATE COURT IN BROWARD COUNTY, FLORIDA. BOTH PARTIES SUBMIT TO SUCH
JURISDICTION AND WAIVE ANY OBJECTION TO VENUE AND/OR CLAIM OF INCONVENIENT FORUM.
(16) CUSTOMER FURTHER AGREES THAT THAT THESE TERMS & CONDITIONS ARE DEEMED EXECUTED IN FLORIDA AND ALL
TRANSACTIONS REGARDING THIS SERVICE AGREEMENT OCCURS IN FLORIDA.
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