I. DESCRIPTION OF SITE AND SERVICES
The Site provides information relating to tower locations. Our Service includes, but are not limited to, providing access to the Site, maintaining the Site information, providing you information directly that may be of interest to you in connection with tower construction, location, and usage, and responding to your request(s) for additional information we may be able to provide (collectively, our “Service”).
By registering to use the Site, you will be able to make maximum use of our Site and Service.
II. REGISTRATION OBLIGATIONS
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide true, accurate, current and complete answers to questions we ask in order to provide use of the Site to you and to provide our Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or Parallel Infrastructure has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Parallel Infrastructure has the right to suspend or terminate your use of the Site. You certify that you are at least 13 years old; if you are not, you may not register for or use the Site.
III. COMMUNICATIONS, WARRANTIES, ACCESS
Use of the Site may include certain communications from Parallel Infrastructure, such as service announcements and administrative messages, which you may not be able to opt out of receiving. Any new features of the Site shall be subject to these or other applicable TOS. You understand and agree that the Site and our Service is provided “AS-IS” and that Parallel Infrastructure assumes no responsibility for, among other things, availability, timeliness, deletion, or failure of the Site.
IV. PROHIBITED CONDUCT AND USES
You agree not to violate or attempt to violate the security of any Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; (g) attempting to interfere with or disrupt the Site or servers or networks connected to the Site; or (h) violate or attempt to violate any applicable local, state, national or international law, or any regulations having the force of law, including (but not limited to) engage in any activity involving credit card fraud, money laundering, or identity theft.
You acknowledge, consent and agree that Parallel Infrastructure may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Parallel Infrastructure, its users and the public.
V. THIRD PARTY CONTENT
Parallel Infrastructure does not control the information posted by or linked to third parties (“Third Party Content”), and as such, does not guarantee the accuracy, integrity or quality of such Third Party Content. Under no circumstances will Parallel Infrastructure be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content. Parallel Infrastructure is not and shall not be responsible or liable for the accuracy, usefulness or availability of any Third Party Content transmitted or made available via the Site.
Parallel Infrastructure grants you permission to access and view the Site for the purposes stated on the Site. Any other use of the Site, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Site or Third Party Content.
VI. MODIFICATIONS TO SERVICE
Parallel Infrastructure reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any Service (or any part thereof) with or without notice. You agree that Parallel Infrastructure shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Service. You acknowledge that the Site and Service are or may be provided with or without cost, on a trial, demo, beta or other basis, and that Parallel Infrastructure may change, at any time, the conditions of your accessibility to the Service.
You agree that Parallel Infrastructure may, under certain circumstances and without prior notice, immediately terminate your access to the Site or our Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities in connection with the Services. Parallel Infrastructure shall not be liable to you or any third party for any termination of your access.
IX. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, (ii) THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, (iii) PARALLEL INFRASTRUCTURE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PARALLEL INFRASTRUCTURE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (vi) ANY ERRORS IN SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARALLEL INFRASTRUCTURE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
X. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PARALLEL INFRASTRUCTURE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PARALLEL INFRASTRUCTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
You agree to indemnify and hold Parallel Infrastructure and its affiliates, officers, agents, employees, partners and licensors harmless from and against any and all losses, damages, costs or expenses, any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
XI. TRADEMARKS AND PROPRIETARY RIGHTS
PARALLEL INFRASTRUCTURE and other Parallel Infrastructure logos and service names are or may be trademarks of Parallel Infrastructure (the “Parallel Infrastructure Marks”). Without Parallel Infrastructure’s prior written permission, you agree not to display or use in any manner the Parallel Infrastructure Marks.
XII. SUGGESTIONS TO PARALLEL INFRASTRUCTURE
By submitting ideas, suggestions, documents, and/or proposals (“Suggestions”) to Parallel Infrastructure through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) Parallel Infrastructure is not under any obligation of confidentiality, express or implied, with respect to the Suggestions; (c) Parallel Infrastructure shall be entitled to use or disclose (or choose not to use or disclose) such Suggestions for any purpose, in any way, in any media worldwide; (d) Parallel Infrastructure may have something similar to the Suggestions already under consideration or in development; (e) your Suggestions automatically become the property of Parallel Infrastructure without any obligation of Parallel Infrastructure to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Parallel Infrastructure under any circumstances.
For purposes of these TOS, “you” and “your” shall mean you, and “we”, “us,” and “our” means Parallel Infrastructure and, if applicable, those third parties acting on behalf of Parallel Infrastructure from time to time. We may assign our rights and responsibilities hereunder without notice to you. The TOS constitutes the entire agreement between you and Parallel Infrastructure concerning your use of the Site and Service, superseding any prior agreements between you and Parallel Infrastructure with respect to the Service. The TOS and the relationship between you and Parallel Infrastructure shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Parallel Infrastructure agree to submit to the personal and exclusive jurisdiction of the courts located within Miami-Dade County, Florida. Any claim arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, will be settled by arbitration to be held in Miami-Dade County, Florida in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. You and Parallel Infrastructure will each pay one-half of the costs and expenses of the arbitration, and each will separately pay their own counsel fees and expenses. Any action brought by you with respect to any service or product of Parallel Infrastructure or anything related to the Site must be brought, if at all, within one (1) year from the accrual of such cause of action. The failure of Parallel Infrastructure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
If you have any customer service-related questions, please contact:
Parallel Infrastructure LLC
7411 Fullerton Street
Jacksonville, FL 32256
Last Updated: February, 2016