PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY OBLIGATIONS. THIS AGREEMENT LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
These Terms of Use apply to our website www.atlastowers.com (the “Website”). The Website is owned by WiBlue, Inc. (“WiBlue” and together with Atlas Towers and its related entities, “Atlas”). Atlas offers you access to the Website in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by Atlas from time-to-time. Atlas refers to these terms, conditions, and notices as the “Agreement” or as the “Terms of Use”. Atlas reserves the right to modify in its sole discretion this Agreement and/or the Website without providing notification. You are responsible for regularly reviewing this Agreement. BY VISITING OR USING ANY PART OF THE WEBSITE, EXCEPT FOR THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS IS A BINDING CONTRACT BETWEEN ATLAS 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 WEBSITE.
You promise that you will not use the 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 not to interfere with or disrupt the Website or the servers or networks connected to the Website. You agree that you will not otherwise use, modify, copy, distribute, exploit for commercial purposes, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information provided through or obtained from the Website. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other similar activity. You agree that you will not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
The Website contains content and information created and owned exclusively by Atlas (the “Website Content”). The Website Content presented and made available to you is an accommodation to you. Atlas does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any Website Content. You are responsible for confirming the sufficiency and reliability of any such information. The Website may contain links to other websites (the “Linked Sites”). If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Sites. You acknowledge and agree that Atlas has no control over and is not responsible for the Linked Sites and any resources, products, services, functionality, information, content, or other materials provided on or through such Linked Sites.
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, logos, video and graphics. Atlas owns the copyright and all other intellectual property rights associated with such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the trademarks, copyrighted material or any other Website Content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation or any other use of the Website Content is permitted without the express permission of Atlas. You acknowledge that you do not acquire any ownership rights, license rights, or any other rights to any Website Content.
If you choose to enter your contact information or other information on the Website, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. The Website’s Privacy Policy (which may be accessed by clicking on the following link: Privacy Policy) governs information about you Atlas obtains from the Website and is binding upon you.
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER ATLAS, ITS PRESENT OR FUTURE PARENT(S), SUBSIDIARIES, OR RELATED ENTITIES (COLLECTIVELY, THE “ATLAS PARTIES”), NOR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, BOARD MEMBERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE.
(B) THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(C) ATLAS IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE WEBSITE.
(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE ATLAS PARTIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITE (WHETHER DUE TO TECHNICAL FAILURES, INTENTIONAL DOWNTIME OR OTHERWISE), OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE ATLAS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE ATLAS PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR ANY OTHER THIRD PARTIES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(E) ATLAS DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONAL INFORMATION. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO ATLAS’ DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
(F) TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE AND/OR WEBSITE OR THESE TERMS OF USE, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS.
This Agreement is governed by the laws of the State of Colorado, without respect to the conflicts of law provisions thereof. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Boulder County, Colorado in all disputes arising out of or relating to the use of the Website. Use of the 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 Atlas as a result of this Agreement, or the use of the Website. Failure of Atlas 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. This Agreement constitutes the entire agreement between you and Atlas with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Atlas with respect to the Website.
You agree to indemnify, defend and hold harmless the Atlas Parties from any liability, loss, claim and expense (including attorney’s reasonable fees) related to your use of the Website or violation of this Agreement. Any rights not expressly granted herein are reserved by Atlas.
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