Term of Use
By visiting or using mobilitie.com or any page of the mobilitie.com website except
this page, you are agreeing to be bound by these terms of use and such agreement
constitutes a binding contract between you and Mobilitie, LLC (“Mobilitie”). If
you do not wish to be bound by these terms of use, please do not visit or use any
page of the mobilitie.com website.
1. INTRODUCTION
The mobilitie.com website is owned by Mobilitie. This site contains information
which has been provided by carriers and tower companies who are participants in
TowerMLS. In addition, this site may contain information provided to mobilitie.com
from a variety of sources including other websites. Mobilitie offers you access
to the mobilitie.com website in exchange for your agreement to accept and comply
with the terms, conditions, and notices stated here and as may be modified by Mobilitie
from time-to-time. Mobilitie, and its website, mobilitie.com, refer to these terms,
conditions, and notices, whether modified or unmodified, as the “Agreement” or as
the “Terms of Use”. Mobilitie reserves the right to modify in its sole discretion
this Agreement and/or the mobilitie.com website without providing notification.
You are responsible for regularly reviewing this Agreement. BY VISITING OR USING
ANY PART OF THE mobilitie.com WEBSITE, EXCEPT FOR THE mobilitie.com HOME PAGE AND
THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING
THAT THIS IS A BINDING CONTRACT WITH MOBILITIE AND YOU. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THE mobilitie.com
WEBSITE. ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEBSITES OR WEB PAGES WITHIN
THE mobilitie.com WEBSITE.
2. GENERAL USE AND LIMITATIONS ON GENERAL
USE OF THE mobilitie.com WEBSITE
A. Except where we specify otherwise, Mobilitie offers you access
to the mobilitie.com website solely for the purpose of planning or managing your
specific infrastructure projects or for other purposes as offered from time to time
on the website. You promise that you will not use the mobilitie.com Website, in
whole or in part, for any purpose that is unlawful or prohibited by these Terms
of Use or for any purposes other than those set forth herein. You agree that you
will not otherwise use, modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, frame in another Web page, use on
any other website, transfer or sell any information, software, lists of users, databases
or other lists, products or services provided through or obtained from the mobilitie.com
website. This means, among other activities, that you agree not to engage in the
practices of “screen scraping,” “database scraping,” or any other activity with
the purpose of obtaining lists of users or other information. You agree that you
will not use the mobilitie.com website in any manner which could damage, disable,
overburden, or impair the mobilitie.com website or interfere with any other party’s
use and enjoyment of the mobilitie.com website. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made available
or provided for through the mobilitie.com website.
B. If and when requested by Mobilitie you agree to provide true,
accurate, and complete user information and to refrain from impersonating or falsely
representing your affiliation with any person or entity. Except with the written
permission of Mobilitie, you agree that you will not access or attempt to access
password protected, secure or non-public areas of the mobilitie.com website. Unauthorized
individuals attempting to access prohibited areas of the mobilitie.com website maybe
subject to prosecution.
C. You will not link to the mobilitie.com website without the prior
written consent of Mobilitie and then only subject to conditions acceptable to Mobilitie,
in its sole discretion.
3. INFORMATION PROVIDED TO YOU THROUGH THE
mobilitie.com WEBSITE FROM MOBILITIE.
A. The mobilitie.com website contains content and information originated
by Mobilitie or the mobilitie.com website participants (the “mobilitie.com Content”).
The mobilitie.com Content presented and made available to you is an accommodation
to wireless cell phone carriers, their employees and agents. Mobilitie does not
guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness
of such information. You are responsible for confirming the sufficiency and reliability
of any such information.
B. The mobilitie.com website you are about to enter also may contain
links to other websites maintained by other organizations. Mobilitie has not made
and will not make an independent investigation to ascertain whether or not the information
contained in said sites is accurate.
4. INFORMATION PROVIDED TO YOU FROM THE mobilitie.com
WEBSITE LINKS TO OTHER SITES.
A. For your convenience and from time to time, the mobilitie.com
website may contain content and information from links to other websites (“Third
Party Content”). Such content is not under the control of Mobilitie and Mobilitie
is not responsible for such content, including without limitation any link contained
in such content, or any changes or updates to such content. Third Party Content
is being provided to you only as a convenience and the inclusion of Third Party
Content does not imply endorsement by Mobilitie of such content or the related third
party. You may be subject to additional and/or different terms, conditions, and
privacy policies when you use third party services, content, software or sites.
In the event that the terms of such website are in conflict with these terms then
in so far as the relationship between you and Mobilitie is concerned, the terms
of use set forth herein shall prevail. It is incumbent upon you to investigate fully
the products, services, and the companies offering the same as Mobilitie has not
done so.
5. DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED
TO THE mobilitie.com WEBSITE CONTENT AND THIRD PARTY CONTENT, PROVIDED BY MOBILITIE
THROUGH THE mobilitie.com WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOBILITIE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY,
CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. MOBILITIE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. MOBILITIE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER
USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE,
INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST
PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON
SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE mobilitie.com WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6. SOLICITED INFORMATION
In order for you to participate in certain services that Mobilitie provides through
the mobilitie.com website, Mobilitie may require that you provide specific information
about yourself. If you choose to participate in such services, you agree to provide
true, accurate and complete information and to refrain from impersonating or falsely
representing your affiliation with any person or entity. Mobilitie is committed
to maintaining the privacy and security of any and all such information that you
provide to it through the mobilitie.com website. To that end, Mobilitie urges you
to review the mobilitie.com Privacy Policy which may be accessed by clicking on
the following link:
Privacy Policy.
7. SERVICES
Mobilitie may provide through the mobilitie.com website a number of interactive
services (the “Interactive Services”), such as online site listing, collocation
application submissions and service provider searches. In addition, Mobilitie may
contact you to offer you additional services. The Interactive Services are offered
by Mobilitie for the sole purpose of disseminating information for your benefit.
Mobilitie cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness,
or timeliness of the Interactive Services. You are responsible for confirming the
sufficiency and reliability of the Interactive Services.
The mobilitie.com website and access to the content of the website may from time-to-time
be unavailable to you, whether because of technical failures or interruptions, intentional
downtime for service or changes to the website or otherwise. You agree that Mobilitie
has no liability of any nature to you or any third party for any modifications to
the website, and any interruption or unavailability of access to the mobilitie.com
website or its content.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE INTERACTIVE SERVICES ARE NEITHER
INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. MOBILITIE MAKES
NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE
INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS,
ACCURACY, CORRECTNESS, VERACITY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS
Of THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH THE
INTERACTIVE SERVICES. MOBILITIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD
TO THE INTERACTIVE SERVICES. MOBILITIE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER
USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS
OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING
OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH
THE INTERACTIVE SERVICES. IN NO EVENT WILL MOBILTIE BE LIABLE TO ANY USER OF THE
INTERACTIVE SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN
BY ANY USER OR SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION
CONTAINED IN OR PROVIDED THROUGH THE INTERACTIVE SERVICES. A USER’S SOLE AND EXCLUSIVE
REMEDY FOR DISSATISFACTION WITH SUCH THE INTERACTIVE SERVICES IS TO STOP USING THE
INTERACTIVE SERVICE.
8.THIRD-PARTY SERVICES.
A number of commercial services may be offered by third parties through the mobilitie.com
website. Mobilitie is not and will not be responsible for (i) the terms and conditions
of any transaction between you and any third party, (ii) any insufficiency of or
problems with any such third party’s background, insurance, credit or licensing,
or (iii) the quality of services performed by any such third party or any other
legal liability arising out of or related to the performance of such services. In
the event that you have a dispute with any such third party, you release Mobilitie
(and its affiliates, agents and employees) from any and all claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
9. CONTENT OWNERSHIP AND TRADEMARKS.
The website content is protected by all applicable international, federal, state
and local laws including without limitation to copyright and trademarks laws. Any
unauthorized use of the website content is expressly prohibited. All rights in the
content compilation are expressly reserved by Mobilitie. Mobilitie™ , Lease-to-Suit™,
SMS™ and TowerMLS™, and their related logos, and other product and service names
are trademarks or service marks of Mobilitie (the Mobilitie Marks”). You agree not
to display or use in any manner, the Mobilitie Marks without Mobilitie’s prior written
consent which may be withheld in its sole and absolute discretion.
10. GENERAL TERMS.
This Agreement is governed by the laws of the State of California, U.S.A. You hereby
consent to the exclusive jurisdiction and venue of courts sitting in Orange County,
California in all disputes arising out of or relating to the use of the mobilitie.com
website. Use of the mobilitie.com website is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Mobilitie as a result
of this Agreement, or the use of the mobilitie.com website. Mobilitie’s performance
of this Agreement is subject to existing laws and legal process, and nothing contained
in this Agreement is in derogation of Mobilitie’s right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the mobilitie.com
website or information provided to or gathered by mobilitie.com with respect to
such use. Failure of Mobilitie to exercise or enforce any right or provision herein
is not a waiver of such right or provision. If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the Agreement shall continue in effect. Unless otherwise specified
herein, this Agreement constitutes the entire agreement between you and Mobilitie
with respect to the mobilitie.com website and your usage thereof, and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral
or written, between you and Mobilitie with respect to the mobilitie.com website
and your usage thereof. A printed version of this Agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained
in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. MOBILITIE, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN NO EVENT SHALL MOBILITIE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE mobilitie.com WEBSITE, WITH
THE DELAY OR INABILITY TO USE THE mobilitie.com WEBSITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE mobilitie.com WEBSITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE mobilitie.com WEBSITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOBILITIE OR ANY OF ITS
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE mobilitie.com WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE mobilitie.com WEBSITE.
You agree to indemnify, defend and hold harmless Mobilitie, its partners, affiliates,
subsidiaries and suppliers (and their respective officers, directors, employees,
and agents) from any liability, loss, claim and expense (including attorney’s reasonable
fees) related to your usage of the mobilitie.com website or violation of this Agreement.
All materials on the mobilitie.com website (as well as the organization and layout
of the mobilitie.com website) are owned and copyrighted or licensed by mobilitie.com,
its affiliates or its suppliers and licensors. (c) 2009 - 2010 Copyright Mobilitie,
LLC. All rights reserved. No reproduction, distribution, or transmission of the
copyrighted materials at the mobilitie.com websites is permitted without the written
permission of Mobilitie. Any rights not expressly granted herein are reserved by
Mobilitie.