Terms and Conditions
Effective Date: August 10, 2012
Welcome to Sutro Tower’s website (the “Site”). The Site is comprised of various Web pages operated by Sutro Tower, Inc., a California corporation (“Sutro Tower”). Before using this Site, please review the terms of use below.
BINDING EFFECT
This is a binding agreement. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained by the following Terms of Use Agreement (“Agreement”), including all documents, policies, and guidelines incorporated herein. Your use of the Site constitutes your agreement to this Agreement. If at any time you find this Agreement unacceptable, you must immediately leave the Site and cease all use of the Site. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
PRIVACY POLICY
Sutro Tower respects your privacy, believes strongly in protecting your privacy, and permits you to have some control of the treatment of your personal information held by us in the course of business. A complete statement of Sutro Tower’s current privacy policy for the Site can be found by clicking here. Sutro Tower’s privacy policy is expressly incorporated into this Agreement by reference.
MODIFICATION OF THESE TERMS OF USE
Sutro Tower may revise, amend, or modify this Policy from time to time. Notice of any revision, amendment, or modification will be posted on the Site and/or by email and will be effective on the date noted in the posting. This Policy may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Sutro Tower. By continuing to use the Site after the amendments are effective, you accept and agree to abide by them.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Sites (“Linked Sites”). The Linked Sites are not under the control of Sutro Tower and Sutro Tower 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. Sutro Tower is not responsible for webcasting or any other form of transmission received from any Linked Site. Sutro Tower is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sutro Tower of the Linked Site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to Sutro Tower that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
MATERIALS PROVIDED TO SUTRO TOWER
Sutro Tower does not claim ownership of the materials you provide, input or submit (including feedback, comments, and suggestions) to the Site or its associated services (collectively “Submissions”). However, by providing, inputting, or submitting your Submission you are granting Sutro Tower, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of its business 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.z
No compensation will be paid with respect to the use of your Submission, as provided herein. Sutro Tower is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Sutro Tower’s sole discretion. By providing, inputting 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, input, or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SUTRO TOWER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SUTRO TOWER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. 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. SUTRO TOWER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUTRO TOWER 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUTRO TOWER OR ANY OF ITS SUPPLIERS HAS 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
INDEMNITY
You agree to indemnify Sutro Tower for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Sutro Tower, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site and Sutro Tower services, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Sutro Tower will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
INTERNATIONAL USE
Sutro Tower does not represent that all information and content available on or accessible through this Site is appropriate for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access or use this Site from those locations act on their own initiative and Sutro Tower is not responsible for compliance with applicable laws, rules, and regulations. You will not access the foregoing where prohibited by applicable law, rule or regulation.
TERMINATION/ACCESS RESTRICTION
Sutro Tower reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
LIMITED LICENSE; PERMITTED USES
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print-out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
COPYRIGHT AND TRADEMARK NOTICES
The Sutro Tower trademarks, including SUTRO TOWER, and the SUTRO TOWER design marks are owned by Sutro Tower. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Other than as expressly permitted in the “LIMITED LICENSE; PERMITTED USES” Section above, the copying, redistribution, use or publication by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Sutro Tower or any third party.
By inputting, providing, or submitting content on or to the Site, you are giving Sutro Tower the right to display or publish such content on the Site (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and this Agreement; and (2) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by us and this Agreement. In furtherance of the foregoing, you agree that you will not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (2) publish falsehoods or misrepresentations that could damage us or any third party; or (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. We reserve the right to remove or not publish Submissions without prior notice.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Sutro Tower, Inc., 1 La Avanzada Street, San Francisco, CA 94131, Attn: General Manager.
ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS pursuant to its Streamlined Arbitration Rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.
GOVERNING LAW
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of either the California courts or the United States District Courts located in the State of California, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
MISCELLANEOUS
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sutro Tower as a result of this Agreement or use of the Site. Sutro Tower’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Sutro Tower’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sutro Tower with respect to such use. 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 the user and Sutro Tower with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sutro Tower with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be drawn up in English. Sutro Tower’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Neither the course of conduct between you and Sutro Tower, nor trade practice, shall act to modify any provision of this Agreement. Sutro Tower’s rights under this Agreement shall survive any termination of this Agreement.
ACKNOWLEDGEMENT
BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Contacting Us
If you have any questions, comments or complaints concerning this Agreement, please contact us at (415) 681-8850, email us at info@sutrotower.com, or send correspondence to: Sutro Tower, Inc., 1 La Avanzada Street, San Francisco, CA 94131, Attn: General Manager. Our representatives will endeavor to contact you within twenty (20) days of your inquiry.
