Effective Date: January 20, 2024
TERMS OF USE
These Terms of Use (“Terms”) is a binding agreement between you (“you”) and Public Safety Towers, LLC ( “Company,” “we,” “us,” or “our”) a Delaware limited liability company (“Company”). These Terms governs your use of our website available at https://publicsafetytowers.com/ (“Website”), including those areas specific to registered users which provide access to view the locations of our tower inventory in the United States and the ability to contact us for leasing or co-locating opportunities, and such other products and services the Company may add, supplement, amend, replace, or remove in its sole discretion (collectively, “Services”). The Website, Services and the Content (as defined below) are licensed, not sold, to you.
BY USING OUR WEBSITE, YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY OR ANY OTHER POLICIES REFERENCED IN THESE TERMS, AND (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; AND (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT USE THE SERVICES AND DELETE ANY CONTENT FROM YOUR DEVICE.
1. PURPOSE OF WEBSITE
Our Website provides information about us and the services we provide, and for those that register with the Website via https://publicsafetytowers.com/login-register, the ability to view the locations of our tower inventory in the United States and contact us for leasing or co-locating opportunities. The content of the Website and the Services we provide through our Website are subject to change at any time, in our sole discretion, without notice.
2. USER REQUIREMENTS AND RESPONSIBILITIES
A. Age Requirement. Our Website is intended for adults at least eighteen (18) years old. We do not knowingly collect any Personal Information from children under the age of eighteen (18). If you are under eighteen (18) years of age, then please do not use or access our Website at any time or in any manner. By using the Website you certify that you are at least eighteen (18) years of age or older. If you do not meet this age requirement, you must not access or use our Website.
B. Account Creation. To access certain portions of our Website, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all information you provide on or in connection with our Website is correct, current, and complete. You consent to all actions we take, consistent with the Terms and Privacy Policy, with respect to all information you provide to or in connection with our Website, including through the use of any interactive features on our Website (collectively, “User Submissions”). We may disable any account, username, password, or other identifier at any time, in our sole discretion for any reason, including if, in our opinion, you have violated any provision of the Terms. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. Your account is personal to you and you will not provide any other person with access to our Website using your account. Any User Submissions must not violate any laws or infringe upon the rights of third parties.
3. RELIANCE ON INFORMATION
The information presented on or through the Website is made available solely for general information purposes. We do not make any representation or warranty as to the accuracy, completeness, or usefulness of any information presented on or through the Website. Any reliance you place on such information is strictly at your own risk. We expressly disclaims all liability and responsibility arising out of or related to your reliance on such information or the reliance on such information by any other person.
4. NO OFFER OR SALE
We do not sell products or services through the Website. The Website does not constitute an offer to sell products or services and we will have no obligation to sell any products or services to you unless you and the Company enter into a separate agreement for such products or services.
5. CHANGES TO TERMS OF USE
We reserve the right to change these Terms at our sole and absolute discretion, at any time, without notice to you by any means and without liability to you or to any third party. Any modifications will be published on this page. It is your responsibility to review the most recent version of these Terms.
These Terms were last updated on January 20, 2024.
If you continue to use the Website after we change these Terms, that signifies your consent to such changes and your use of the Website will be subject to the terms and conditions set forth in the most recent version of these Terms; provided, however, that any changes will only apply to information collected after such changes go into effect. If you do not agree to the terms of this Privacy Policy, please do not use the Website.
6. CHANGES TO OUR WEBSITE
We may modify from time to time or discontinue any or all content on our Website, in our sole discretion, with or without notice to you and without liability to you or to any third party. Any content on our Website may be incorrect or out-of-date at any point in time and we have no obligation to update any content.
7. WEBSITE AVAILABILITY
We may deactivate our Website, in whole or in part, at any time in our sole discretion with or without notice to you and without liability to you or to any third party. We will not be liable to you or to any third party if for any reason all or any part of our Website is unavailable at any time. From time to time, in our sole discretion, we may restrict access to our Website to certain users.
8. PROHIBITED CONDUCT
You agree not to:
- violate any applicable local, state, national or international law, rule, regulation, or ordinance;
- infringe upon the intellectual property rights of others, including, but not limited to, our rights in any and all portions of our company name, our marks and our articles, newsletters and alerts;
- transmit any defamatory materials;
- engage in any activity that attempts, knowingly facilitates, and/or disrupts, interferes, overburdens, damages, impairs, or violates the security, integrity, and functioning of our Website;
- collect or store personal information about other users without their consent;
- engage in any fraudulent or deceptive activities;
- access systems, data or information not intended by us to be made accessible to you;
- use our Website for any use other than the purpose for which it was intended;
- impersonate or attempt to impersonate us, our employees, vendors, business partners, or agents, or any other person or entity; or
- attempt to gain unauthorized access to any Website account, computer system, or network.
9. INTELLECTUAL PROPERTY
A. Limited License Grant. Subject to these Terms, Company grants you a limited, non-exclusive, nontransferable, non-sublicensable, non-assignable, and revocable license to access and use the Website, Services and Content (as defined below in section 9.C.) pursuant to these Terms.
B. Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Website, Services or Content, you shall not:
- copy the Website, Services or Content, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website, Services or Content;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website, Services or Content or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website, Services or Content, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, Services or Content, or any features or functionality of the Website, Services or Content, to any third party for any reason, including by making Website, Services or Content available on a network where it is capable of being accessed by more than one device at any time;
- transmit any viruses, worms, or any other malicious code to the Website;
- use any robot, spider, or other automatic device, process, or means to access the Website, Services or Content for any purpose, including monitoring or copying any of the material on the Website, Services or Content;
- use any manual process to monitor or copy any of the material on the Website, Services or Content, or for any other purpose not expressly authorized in these Terms, without Company’s prior written consent;
- frame, mirror, or otherwise incorporate the Website, Services or Content or any portion of the Website, Services or Content as part of any other mobile application, website, or service;
- use the Website, Services or Content in any manner that could disable, overburden, damage, or impair the Website, Services or Content or interfere with any other party’s use of the Services; or
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Website, Services or Content.
C. Reservation of Rights. You acknowledge and agree that the Website, Services and Content are provided under license, and not sold, to you. You do not acquire any ownership interest in the Website, Services or Content under these Terms, or any other rights thereto other than to use the Website, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Website, Services and Content including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
You should assume that everything you see or read on our Website including, but not limited to, content, images, photographs, data, illustrations, and the like (collectively, “Content”) is copyrighted by us or our providers unless otherwise noted, and may not be used without our express written permission or the express written permission of the third-party owner of the copyright. Otherwise, the use of the Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by our Terms or specific permission provided elsewhere on our Website. Your unauthorized use of any Content displayed on our Website, except as provided herein, is strictly prohibited and may violate applicable laws.
Nothing contained on our Website should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on our Website (collectively, “Trademarks”) without our express written permission or the express written permission of the third party that owns the Trademark displayed on our Website. Your unauthorized of any Trademark displayed on our Website, except as provided herein, is strictly prohibited and may violate applicable laws.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Website, Content, or Trademark in breach of our Terms, your permission to use our Website, Content, and/or Trademark will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content and Trademarks that you see, hear, and use on our Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, we, or the applicable intellectual property owner, will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. Any rights not expressly granted by us herein are expressly reserved by us.
10. COLLECTION AND USE OF YOUR INFORMATION
You acknowledge that when you use the Website and Services, the Company may use automatic means (including, for example, cookies) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to using the Website and Services or certain of its features or functionality. All information we collect through or in connection with the Website and Services is subject to our Privacy Policy, which discusses our information collection, use, disclosure, and cookies practices, among other policies and procedures, in further detail. By using and providing information to or through the Website and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
11. GEOGRAPHIC RESTRICTIONS
The Website and the Services are based in the in the United States and provided for access and use by persons located in and outside of the United States. Notwithstanding the foregoing, you acknowledge that if you access the Website and the Services from outside the United States, we will bear no responsibility for compliance with such local laws.
12. THIRD-PARTY MATERIALS
The Website and Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. The inclusion of any Third-Party Materials does not imply our endorsement, recommendation, or approval of those sites.
13. TERM AND TERMINATION
A. The term of these Terms commences when you access the Website, and will continue in effect until terminated by you or Company as set forth in this section 13.
B. You may terminate these Terms by contacting the company at the following address, info@pstctowers.com, coupled with ceasing to use the Website and Services.
C. Company may terminate these Terms at any time without notice if it ceases to support the Website or the version of the Website available via the mobile application, which Company may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.
D. Upon termination:
- all rights granted to you under these Terms will also terminate;
- you must cease all use of the Website and Services; and
- the obligations of the parties herein will cease, except to the extent that you continue to use, retain, or access the Website or any information obtained through us or the Website and termination will not limit any of Company’s rights or remedies at law or in equity.
14. DISCLAIMERS
A. Disclaimer of Warranties. THE WEBSITE AND SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS, OR ANY OF ITS SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
B. Other Disclaimers. You understand and acknowledge that the Company reserves the right to deny the use of this Website, at any time, without notice. User accounts and logins may not be transferred or sold to another party. If you are registering as a representative of a business or other entity, you acknowledge that you have the authority to bind such business or entity to these Terms. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify us and lawfully destroy all copies of such information in your possession.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE DISCLAIMERS IN THIS SECTION 15 DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use, activities in connection with, or misuse of the Website, Services or Content or your breach of these Terms, including but not limited to (a) the information or content you submit or make available through the Website and Services; (b) any violation or alleged violation of these Terms by you; or (c) any claim that any of the Website, Services or Content or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
17. SEVERABILITY
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
18. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be state or U.S. federal courts located in the state of Delaware. You irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or proceeding in such courts, and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
19. ENTIRE AGREEMENT
Unless you have another agreement with the Company, these Terms and our Privacy Policy constitute the entire agreement between you and Company with respect to the Website and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website and Services.
20. WAIVER
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
21. QUESTIONS OR CONCERNS
If you have any concerns about material which appears on our Website, please contact us at:
701 Palomar Airport Rd
Suite 160
Carlsbad, CA 92011
Email: info@pstctowers.com
Thank you for visiting our site.