- what information, including personally identifiable and preferential information is collected from you through the Website;
- your choices with regard to providing information;
- how the collected information will be used by and with whom it will be shared by SBA; and
- the security of transmissions of any information or communications via the Website.
Types of Information You May Provide
Information we may collect from you on our Site falls into two categories: (i) Anonymous Information, and (ii) Personal Information. These categories are defined as follows:
means information that does not identify you individually, and may include, for example, statistical information concerning the pages on our Website that you visit most frequently.
"Personally Identifiable Information"
means information about you that would allow us (or others) to identify and contact you including, but not limited to: (i) your name; (ii) mailing address; (iii) telephone number; (iv) financial account information; (v) social security number; (vi) email address; and (vii) other, similar information.
Personally Identifiable Information
SBA does not currently request Personally Identifiable Information from you in order to enable you to utilize the Website. However, if SBA determines in the future, in its sole discretion, to request Personally Identifiable Information from you, SBA will specifically ask you for any Personally Identifiable Information on the Website, and the provision of such information will always be on a voluntary basis. In these instances, we use any Personally Identifiable Information you provide to us strictly for the purposes for which you submit the information. If we choose to undertake communications with you related to those purposes using your Personally Identifiable Information, you will have the ability to unsubscribe or opt out of receiving these communications as provided below (Changing or Removing Information; Opting Out).
If we have collected Personally Identifiable Information from you, we will not disclose your Personally Identifiable Information to third parties without your express consent, except in the following circumstances:
- Vendors: We employ other companies to perform functions both on our and your behalf, such maintaining the Website, collecting information, sending and responding to electronic mail and other functions necessary to support SBA, the Website and the products and services that we offer (collectively, the "Vendors"). We will provide Vendors with only that Personally Identifiable Information necessary to perform their functions and instruct them not to use Personally Identifiable Information for any purpose inconsistent with this Policy. We require that our Vendors agree contractually to comply with privacy laws and to maintain protections for Personally Identifiable Information consistent with this Policy.
- Affiliates: We share Personally Identifiable Information with our Affiliates in order to provide you with product offerings, service offerings and for other purposes. Our Affiliates have agreed contractually to comply with privacy laws and to maintain protections for Personally Identifiable Information consistent with this Policy. You have the ability to "opt-out" of this information-sharing by following the direction provided below (Changing or Removing Information; Opting Out).
- Legal: We will reveal Personally Identifiable Information about you to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information, we may attempt to notify you via the contact information you provided (if any) within a reasonable time before we respond to the request, unless such notification is not permitted. In addition, we may share your Personally Identifiable Information with third parties as otherwise permitted by law in order, for example, to protect against fraud, the confidentiality or security of our business records or to comply with applicable legal requirements.
We use Anonymous Information to analyze the effectiveness of our Site, to improve our Website, products, services, and for other purposes. For example, the fact that our Site users spend a majority of their time reading about our technology and how it works would constitute Anonymous Information, if that information does not identify a particular user. This information provides us with potentially useful data concerning our users' preferences and the efficacy and interest of our Site, products and services. In addition, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Website users, and the use of our Website and related services, and may share Anonymous Information with third parties, including advertisers (if any). Rest assured that Anonymous Information provided to third parties will not allow anyone to identify you. We may collect Anonymous Information through features of the software supporting our Website through both the means described below and other means.
IP Addresses; Logs:
Either directly, or through our hosting service provider, we may automatically receive and record information from your internet browser, including your IP address (the internet address of your PC), your computer's name, the type and version of your web browser, referrer addresses, where the computer is routing from and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information that will be aggregated with information about other users in order to understand how our Website is being used, and for security and monitoring purposes.
We may send emails that use a "click-through URL" linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in as set forth below (Changing or Removing Information; Opting Out).
Changing Or Removing Information; Opting Out
To allow appropriate control over Personally Identifiable Information, you can contact us to change or update discretionary information that you have previously submitted.
If we choose to send to you bulletins, updates, surveys or other unsolicited communications that are marketing-related materials, we will provide you with the ability to decline - or “opt-out of” - receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. Please understand that you will not be allowed to "opt-out of” formal notices concerning operation of this Website, and legal and other related notices concerning your relationship to the Site.
Finally, if you request, we will remove your name and all other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Website and any associated services. You may not remove de-identified, anonymous, or aggregate data from our databases.
Security of Transmissions
SBA utilizes its best efforts to protect the security of any information or communication submitted by you to the Website, including, but not limited to, any Personally Identifiable Information you may include in such submitted information or communication. SBA uses the HTTP protocol to help ensure that submissions and transmissions by users are kept confidential. However, in the unlikely event that an unauthorized third party compromises SBA’s security system, SBA shall not be responsible for any occurrences or damages that are directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your submissions or transmissions.
Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. Please understand, though, that this information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided by or submitted to SBA via the Website. Due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
Contact Us: Questions, Comments & Complaints
Governing Law and Jurisdiction
The arbitrator shall be selected by the parties, and if the parties are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon the parties and their respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.
Notwithstanding the previous sentence, in no event shall any party be entitled to punitive damages and all parties hereby waive their rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Our Website is not directed at children and we will not accept or request Personally Identifiable Information from individuals we know to be under 13 years old. In accordance with the Children's Online Privacy Protection Act ("COPPA"), if we learn that a child under 13 years old has provided Personally Identifiable Information, we will either: (i) delete this information from our databases in accordance with our deletion procedures, or (ii) obtain verifiable parental consent in accordance with COPPA.
The SBA Website is comprised of various web pages owned and operated by SBA, located at the URL www.sbasite.com
The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR REGISTERING AT THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR REGISTER FOR OUR SITE.
Applicability of Agreement
This Agreement is intended to apply to SBA, its subsidiaries and affiliates and their respective websites.
The right to access and use www.sbasite.com
is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.sbasite.com
for lawful purposes and pursuant to these Terms. By using the Website you consent to these Terms. In addition, for certain activities on the Site, we may further confirm your consent by asking you to click an "I accept" button.
Intellectual Property Ownership; Reservation of Rights
All content available on or through the Website, including all press releases, data, information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property found on the Website, is the proprietary property of SBA and its licensors (collectively, the “Content”). SBA also owns the copyright to the collective work in the selection, coordination, arrangement and enhancement of the Content as displayed on the Website. The Content is protected by U.S. and international copyright and other intellectual property laws, and SBA retains all rights with respect to the Content and the Website, except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material on the Website except as expressly allowed herein or specifically authorized in writing by SBA’s General Counsel.
Any software that is made available to use from the Website (“Software”) is the copyrighted work of SBA and/or our licensors. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.
Grant of Rights to All Users
Based on your agreement to comply with these Terms, we grant you the right to access and use all publicly available portions of our Website, Content and services and, if expressly authorized, password-protected areas of our Website, Content and services in order to: (i) learn more about SBA and the products and services that we offer; (ii) contribute information to us through our Website; (iii) download and print pages from our Website onto one (1) computer hard drive; and (iv) access other information that we make available through our Website (collectively, the "General Permitted Purposes"). You acknowledge and agree that the Website, Content and services are made available solely for your personal, non-commercial use, and that the General Permitted Purposes allow only personal, non-commercial use. Any other use of the Website, Content and services is strictly prohibited.
Materials Provided To SBA Or Posted At Any SBA Website
SBA does not claim ownership of the materials you provide to SBA (including feedback and suggestions) or post, upload, input or submit to any SBA Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SBA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SBA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SBA's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Use Of Online Communication Services
The SBA Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
SBA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SBA's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SBA does not control or endorse the content, messages or information found in any Communication Service and, therefore, SBA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized spokespersons, and their views do not necessarily reflect those of SBA.
If you believe that another user has acted inappropriately, such as by uploading inappropriate materials or other content, you may report your concerns either via the links we have included on the Site, or by contacting us as provided herein.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Warranty Disclaimer; Limitation of Liability
THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SBA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND IS BEING PROVIDED TO YOU ON AN “AS-IS” BASIS. SBA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SBA WEBSITE, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SBA WEBSITE.
SBA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT CONTENT AVAILABLE FOR DOWNLOADING FROM THE WEBSITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SBA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree that injunctive relief shall provide you with a good and sufficient remedy for any complaints against SBA arising out of its Website or related services, and agree that you will not subsequently claim that such remedy or the remedy and damages limitations provisions of these Terms have "failed of their essential purpose."
It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of any opinions, advice, statements, services, offers or other information or Content on the Website.
You are cautioned not to place undue reliance on forward-looking statements contained in the Content, which speak only as of the date that they were first made, and SBA undertakes no obligation to update any forward-looking statement, or any other statements contained in the Content, unless required by law. Any statements that are not historical facts are forward-looking statements. Sentences that use words or phrases such as “believes,” “anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “is designed to,” “with the intent,” “potential” or other similar words or phrases indicating desires, projections or the future indicate forward-looking statements, but their absence does not mean that a statement is not forward-looking. Forward-looking statements involve a number of risks and uncertainties. Accordingly, actual results may differ from forward-looking statements. Factors that could have a material and adverse impact on actual results are described under the heading “Risk Factors” in SBA’s filings with the Securities and Exchange Commission.
For questions regarding this statement, please contact the Public Affairs department of SBA.
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Website and all costs and fees associated with internet access or long distance charges incurred with regard to your access and use of the Website.
Links To Third Party Sites
The SBA Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SBA and SBA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SBA is not responsible for webcasting or any other form of transmission received from any Linked Site. SBA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SBA of the site or any association with its operators. Your correspondence and dealings with Linked Sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the operator of the Linked Site, and you agree that SBA shall not be responsible or liable for any loss or damage incurred as the result of your dealings with Linked Sites or as the result of the presence of such Linked Sites on the Site.
Termination of this Agreement
You may terminate or opt out of this Agreement at any time by contacting SBA at 1-800-487-SITE. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use the Website.
SBA may terminate this Agreement and your access to the Website at any time, without prior notice, for any reason, or for no reason, which shall not be required to be disclosed to you.
You shall defend, indemnify and hold harmless SBA and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) any access or use of the Website.
Third Party Rights
This Agreement is for the benefit of SBA and its affiliates, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on their behalf.
SBA reserves the right to change the terms, conditions, and notices under which the SBA Website is offered. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of the Website following the posting of any such changes shall automatically be deemed your acceptance of the same.
This Agreement is to governed and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction and venue of courts in Palm Beach County, Florida, U.S.A. in all disputes arising out of or relating to the use of the SBA Website.
Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida.
The arbitrator shall be selected by the parties, and if the parties are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon the parties and their respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall any party be entitled to punitive damages and all parties hereby waive their rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SBA as a result of this agreement or use of the SBA Website. SBA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SBA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SBA Website or information provided to or gathered by SBA with respect to such use.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
The following provisions shall survive the termination of these Terms and shall apply indefinitely: Intellectual Property Ownership; Reservation of Rights, Warranty Disclaimer; Limitation of Liability, Indemnification, and Miscellaneous.
These Terms shall not be assignable by you, either in whole or in part. SBA reserves the right to assign its rights and obligations under these Terms.
Notices And Procedure For Making Claims Of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent at:
SBA Communications Corporation
5900 Broken Sound Parkway NW
Boca Raton, FL 33487-2797
Attention: General Counsel
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA. ALL INQUIRIES NOT RELEVANT TO THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.
Copyright And Trademark Notices:
All contents of the SBA Website are: Copyright SBA and/or its suppliers. The SBA logo and word mark, Your Signal Starts Here, SBA SITES and Building Better Wireless are all trademarks owned by SBA Telecommunications, Inc. and affiliated SBA companies and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.