Terms of Use

Acceptance of Terms

Kampen and Greenwell, Inc. ("KGI") maintains this website (the “Website") to provide visitors with information (“Content”) about its wireless site inventory and related services. When you enter, browse, download files, or otherwise make use of this Website you accept, without limitation or qualification, all the terms and conditions ("Terms of Use") set forth below. If you do not agree with the Terms of Use, your only recourse is to exit the Website immediately.

No Unlawful or Prohibited Use

You may not disassemble, decompile, or otherwise reverse engineer, nor use any program, algorithm, automatic device or methodology, such as a “spider,” “robot,” “page-scraper,” “deep-link” or any similar or equivalent manual process, to access, copy, monitor, or acquire any portion of this Website, or any of its Content, or in any way reproduce or circumvent any part of the navigational structure of the site and its contents, in order to obtain or attempt to obtain, any materials, documents, maps, or other information through any means not purposely made available through the Website. Accordingly, KGI reserves the right to bar any and all such activity. Additionally, you may not probe, scan, or otherwise test the vulnerability, nor breach the security or authentication measures on the Website or any network connected thereto. You also agree that you will not perform any activity that imposes an unreasonably or disproportionately heavy load on the infrastructure of this Website, or any networks or systems connected to it, including the MapPoint Web Services™ and Microsoft Virtual Earth™ systems.

Restrictions Specific to KGI WebMaps

Without limiting the preceding paragraph (No Unlawful or Prohibited Use), you may not use the KGI WebMaps system for any purpose outside the scope of locating wireless sites within the KGI system. Accordingly, you may not use the WebMap system data in the performance of any function of real time route guidance, vehicle tracking, dispatch, fleet management, or similar applications.

Forward-looking Statements Disclaimer

This Website may contain statements, projections, or estimates that qualify as “forward-looking statements” according to U.S. federal securities laws. Words such as “believe,” “expect,” “intend,” “project,” “will” and similar expressions may constitute forward-looking statements that are not historical in nature. Forward-looking statements are by their nature uncertain and subject to certain risks which may have a different result from KGI’s historical experience, present expectations, or projections. Such forward-looking statements are based upon, or shall be based upon, KGI’s judgment with respect to forward events and subject to any number of uncertainties and risks which could cause actual results or outcomes to differ materially from those expressed in the forward-looking statements. You should therefore not place any undue reliance on forward-looking statements which speak only as of the date they are made. KGI is under no obligation to publicly update or revise any forward-looking statements.

Violation of These Terms of Use/Termination of Usage

You agree that KGI may, at its sole discretion and with or without prior notice, restrict, suspend, or terminate your access to any or all services provided through its Website for any reason whatsoever, including (but not limited to): your violation of these Terms of Use; requests by law enforcement or other governmental agencies; discontinuance or material modification of the Website, or any of the services offered through it; or unexpected technical issues or problems.

Scope of Permitted Use

This Website is for your individual use, solely for internal use by you for your business or for you own personal use. You are authorized to download a single copy of this Website from the KGI's web server ("Server") and use the Website at your primary residence or place of business only.

Types of Users

Please note that certain services provided by this Website, including but not limited to, the KGI WebMaps™ system, KGI Satellite Views™ system, or the KGI Extranet, are only available to persons who register under specific agreements with KGI.

Personal Information and Privacy

Unless it is for purposes you have requested or otherwise previously agreed, KGI will not share the personal information you provide through this Website with any other parties, with the following exceptions: with your consent; as required by law or court order; to persons or contractors with whom KGI contracts to carry out internal operations of its Website or its business; or under any circumstances necessary to protect the personal safety or property of our users, the public, or ourselves. Additionally, KGI may make periodic announcements via electronic mail to users of this website who have registered with us. You may request to be excluded for these announcements at any time, and each email broadcast sent by KGI provides a convenient option to do this.

Use and Protection of Account Information

For any of the services provided by this Website that require registration, you must provide us with current, complete and accurate information as requested by the applicable registration form. You are responsible for maintaining the confidentiality of your account information, including user name and password where applicable, along with the security of the computer through which you access the Website. You are responsible for any damages resulting from all uses of your account information, whether actually or expressly authorized by you, unless access was obtained through no fault or negligence of your own.

Intellectual Property

You may not distribute, license, modify, remove, delete, augment, add to, transmit, create derivative works from, publish, participate in the transfer or sale of, or in any way exploit anything you copy from this Website, in whole or in part, including graphics, icons, illustrations, images, logos, maps, photographs, sounds, text, video, or any other element for any reason. If no specific restrictions are displayed, you may copy select portions of the Content, under the provision that they are made only for your personal use, and that you maintain any notices contained therein, including copyright notices, trademarks, or any other proprietary rights notices. With the exception of the preceding provision, or as permitted by the fair use privilege under U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not reproduce, post, upload, or distribute in any way Content protected by copyright, or any other proprietary right, without securing the express permission of the owner of the copyright or other proprietary right. Unauthorized use of may violate U.S. and international copyright laws, trademark laws, and civil and criminal statutes. As long as you comply with the Terms of Use, KGI grants you a non-exclusive, non-transferable, limited right to view and use this Website. KGI reserves the right, at its sole discretion, to modify, remove, or append new terms and conditions (collectively, "Changes") to any part of the Terms of Use at any time, without prior notice. Any Changes to the Terms of Use apply as soon as they are published to the Server. Your continued use of this Site after Changes have been published indicates your acceptance of those Changes, you should therefore periodically visit this page to determine the then current terms to which you are bound. Additionally, KGI may add, discontinue, edit, modify, or remove content published on this Site, either temporarily or permanently, at any time without prior notice and without liability.

Feedback and Information

Any feedback you provide to this site shall be deemed to be non-confidential. Accordingly, KGI shall be free to use any such information on an unrestricted basis.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others, unless there is a special notice that a particular message (for example, transmitting username and password to access KGI’s extranet) is encrypted (sent in code). Sending a message to KGI does not cause KGI to have any special responsibility to you.

Security

While KGI cannot guarantee that unauthorized access will never occur, please note KGI takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.

3rd Party Content (Photo) Uploading

KGI does not claim ownership of materials you upload, email, or otherwise submit for use on the Website. However, by submitting such content you are granting KGI permission to use it as part of the services provided on its Website, including, and without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, edit, reproduce, and reformat said content. You may only upload content that is not subject to any copyright or other proprietary rights protection, or content in which the originator has given express authorization for distribution on the World Wide Web.

Copyright and Ownership

Copyright © 2001-2006 Kampen and Greenwell, Inc. or its licensees. All rights reserved. All content on the Website, including graphics, icons, illustrations, maps, photographs, logos, sound clips, text, video, the look and feel of this Website, including our color combinations, and any other elements, is the property of KGI or its content suppliers, and is protected by United States and international copyright laws.

Notices and Procedure for Making Claims of Copyright Infringement

KGI respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact KGI’s copyright agent at: CopyrightAgent@KGIWireless.com

Press Releases

Press releases and related pages presented on this Website were accurate when produced and published. However, you should not rely on the continued accuracy of any such pages beyond the date of issuance. KGI has no responsibility to update these pages and viewers should be mindful that information can change after publication. Press releases may be reproduced solely for editorial purposes in daily newspapers, general circulation new magazines, trade publications, and broadcast media.

International Users

This Website and associated services are controlled and operated within the United States of America. KGI makes no representation that Content, downloadable files, or other information available on or through the Website are appropriate or available for use outside the United States. When you access our services from a location outside the United States, you are responsible for compliance with your applicable laws, including U.S. export laws and regulations.

Age of Users

KGI does not intend this Website to be used by minors under the age of 13. KGI relies upon the parents or guardians of users under the age of 18 to determine if any Content or services available on the Website are appropriate for use by such users.

Links to KGIWireless.com

KGI permits and encourages links to its Website from other sites, with the following stipulations: links must always be to the “home page” URL of http://www.KGIWireless.com to preserve the navigational integrity of the Website, linking should not suggest that KGI promotes or endorses any third party’s causes, ideas, products, websites, or services, and KGI reserves the right to withdraw permission for any link.

Hyperlinks to Other Websites

This Website contains hyperlinks to other Internet websites not maintained by or related to KGI. Such hyperlinks are provided as a service to users, or are inserted in accordance with our agreements with licensed content providers. KGI has not reviewed all of the third party websites linked to this Website, and as such disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any third party website.

Indemnification

You agree to indemnify, defend, and hold KGI and all of its agents, contractors, directors, employees, content providers, licensors and licensees, and other stakeholders (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms of Use. You agree to cooperate as fully as reasonably required in KGI's defense of any such claim. KGI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not settle any matter without the prior written and signed consent of KGI.

Disclaimer of Warranties

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK AND DISCRETION, ALONG WITH YOUR AGREEMENT THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM WHICH MAY RESULT FROM SUCH ACTIVITIES. THIS SITE, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON THE SITE; (2) THAT ANY ERRORS IN THE SITE'S CONTENT OR FUNCTIONS THAT ARE REPORTED TO THE COMPANY WILL BE CORRECTED; (3) OR THAT THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR CAUSE DAMAGE TO YOUR COMPUTER, SYSTEM, NETWORK, OR ANY OTHER PROPERTY.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING KGI’S NEGLIGENCE, SHALL KGI, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD PARTY CONTENT PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (1) THE USE OF THE WEBSITE, (2) THE INABILITY TO USE THE WEBSITE, (3) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THIS WEBSITE, (4) ANY LOSS OR DAMAGE CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES OR SERVICES LINKED FROM THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ERRORS OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $1.00 (ONE DOLLAR, U.S.).

CERTAIN JURISDICTIONS DO NOT PERMIT EXCLUSIONS OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH INSTANCES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

Severability

The provisions of these Terms of Use are intended to be severable. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remaining provisions of the Terms of Use shall continue in full force and effect.

Disclaimer of Endorsement

Any reference on this Website to any services, processes, products, external websites, or any information by trademark, trade name, supplier, manufacturer, service provider, or otherwise does not constitute or imply its sponsorship, recommendation, or endorsement by KGI. Any service or product information is solely the responsibility of each individual content or service provider.

Governing Law and Dispute Resolution

These Terms of Use constitute the entire agreement between KGI and you with respect to your use of this Website. You agree that all matters relating to your use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You also agree to the personal jurisdiction by, and venue in, the state and federal courts of Travis County, Texas, and you waive any objection to such jurisdiction or venue. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party be entitled to costs and attorneys’ fees. If any controversy or dispute should arise between you and KGI due to, or in connection with your use of this Website, the parties shall attempt, in good faith and in a timely fashion, to resolve any such dispute. If this cannot be achieved within a reasonable time-frame (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Trademarks

ALLTEL, Bank of America, Charter Communications, KGI, KGI Wireless, Mediacom Communications, Microsoft, NCTC (National Cable Television Cooperative), Time Warner Cable, and all other trademarks or service marks are the property of their owners and all rights are reserved.

Service Credits

Microsoft MapPoint Web Services Mapping data © 2004 NAVTEQ. All rights reserved. This data includes information taken with permission from Canadian authorities © Her Majesty the Queen in Right of Canada.

Modification

KGI reserves the right to make change to the KGIWireless.com Website, posted policies, and these Terms of Use at any time, and without notice. These Terms of Use were last revised on June 20, 2006. The current Terms of Use are available for review.