TowerMLS’s Web Site Terms and Conditions

By visiting or using towermls.com or any page of the towermls.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 towermls.com website.

You are advised that Mobilitie is not a real estate or loan broker, and that the services provided through towermls.com do not portend to provide those services. For those services, we strongly advise that you consult with the appropriate professional.

1. INTRODUCTION:

The towermls.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 towermls.com from a variety of sources including other websites.

Mobilitie offers you access to the towermls.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, towermls.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 towermls.com website without providing notification. You are responsible for regularly reviewing this Agreement. BY VISITING OR USING ANY PART OF THE towermls.com WEBSITE, EXCEPT FOR THE towermls.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 towermls.com WEBSITE.

ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEBSITES OR WEB PAGES WITHIN THE towermls.com WEBSITE.

2. GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE towermls.com WEBSITE:

A. Except where we specify otherwise, Mobilitie offers you access to the towermls.com website solely for the purpose of locating wireless cell phone tower sites and facilitating a potential agreement with the related property owner or lessor, and also to provide you access to vendors in the cell tower industry. You promise that you will not use the towermls.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 towermls.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 towermls.com website in any manner which could damage, disable, overburden, or impair the towermls.com website or interfere with any other party’s use and enjoyment of the towermls.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 towermls.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 towermls.com website. Unauthorized individuals attempting to access prohibited areas of the towermls.com website maybe subject to prosecution. C. The origin of any link to the towermls.com website home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the towermls.com website home page. For example, prominently positioning the towermls.com name and the TowerMLS™ mark such that there is clear association between the name and the TowerMLS™ mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the towermls.com name and the TowerrMLS™ mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between Mobilitie, on the one hand, and you or any other person or entity, on the other hand. You agree that if Mobilitie, in its sole and unfettered discretion, requests in writing that you remove any link or links to the towermls.com website, you will promptly do so. You agree that if you create any link to the towermls.com website that you will not employ any technology that results in the placement of content from the towermls.com website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the towermls.com website from how it would appear if a user typed in the towermls.com URL to a typical browser line.

3. INFORMATION PROVIDED TO YOU THROUGH THE towermls.com WEBSITE FROM MOBILITIE:

A. The towermls.com website contains content and information originated by Mobilitie or the towermls.com website participants (the “towermls.com Content”). The towermls.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. Mobilitie has made no investigation as to the listing information set forth on the towermls.com website. With respect to such information, Mobilitie believes that the same is reasonable, accurate and truthful, but does not guarantee the accuracy and truthfulness thereof.

C. The towermls.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 towermls.com WEBSITE LINKS TO OTHER SITES:

A. For your convenience and from time to time, the towermls.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 towermls.com WEBSITE CONTENT AND THIRD PARTY CONTENT, PROVIDED BY MOBILITIE THROUGH THE towermls.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 towermls.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 towermls.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 towermls.com website. To that end, Mobilitie urges you to review the towermls.com Privacy Policy which may be accessed by clicking on the following link: towermls.com Privacy Policy.

7. SERVICES:

Mobilitie may provide through the towermls.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 towermls.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 towermls.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 towermls.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™ 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 towermls.com website. Use of the towermls.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 towermls.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 towermls.com website or information provided to or gathered by towermls.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 towermls.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 towermls.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 towermls.com WEBSITE, WITH THE DELAY OR INABILITY TO USE THE towermls.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 towermls.com WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE towermls.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 towermls.com WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE towermls.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 towermls.com website or violation of this Agreement.

All materials on the towermls.com website (as well as the organization and layout of the towermls.com website) are owned and copyrighted or licensed by towermls.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 towermls.com websites is permitted without the written permission of Mobilitie. Any rights not expressly granted herein are reserved by Mobilitie.