SBA Disclaimer

Privacy Policy

The www.sbasite.com website is owned and operated by SBA Communications Corporation, a Florida corporation (“SBA”).

Applicability of Privacy Policy

This Privacy Policy is intended to apply to SBA, its affiliates and their respective websites, including, but not limited to SBA Telecommunications, Inc., SBA, Inc., SBA Network Services, Inc., SBA Towers, Inc. and SBA Properties Inc.

This Privacy Policy is a statement of how information about you is collected from www.sbasite.com, used and potentially shared by SBA. In particular, this Privacy Policy will tell you:

1. what information, including personally identifiable and preferential information is collected from you through www.sbasite.com;

2. your choices with regard to providing information;

3. how the collected information will be used by and with whom it will be shared SBA; and

4. the security of transmissions of any information or communications via www.sbasite.com;

Personally Identifiable Information

SBA does not currently request personally identifiable information from you in order to enable you to utilize www.sbasite.com. 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 www.sbasite.com, and the provision of such information will always be on a voluntary basis.

Cookies

SBA utilizes “cookies” to track and store information about www.sbasite.com users. “Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored on your hard drive. Cookies track your personal preferences and activities, but in no way contain or refer to any personally identifiable information.

If you do not want cookies to be inserted into your hard drive, you can disable its ability to accept and receive cookies through your web browser. However, keep in mind that if you disable your hard drive’s ability to accept and receive cookies, you may not be able to fully utilize all of the convenience and additional features of www.sbasite.com.

SBA’s use of cookies on www.sbasite.com allows SBA to aggregate certain information about www.sbasite.com users. The aggregated information helps SBA to serve you better by compiling user preferences to improve the features of www.sbasite.com.

SBA may also share this aggregated information with third parties, but keep in mind that the aggregated information contains absolutely no personally identifiable information.

Security of Transmissions

SBA utilizes its best efforts to protect the security of any information or communication submitted by you to www.sbasite.com, 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.

SBA reserves the right to share or disclose any information or communication you may submit to www.sbasite.com when SBA determines, in its sole discretion, that the disclosure of such information or communication is necessary to identify, contact, or bring legal action against a user who may be:

(i) breaching the terms and conditions of this Privacy Policy or the Agreement of Terms of Use of www.sbasite.com located at the URL http://www.sbasite.com/disclaimer.cfm;

(ii) causing intentional or unintentional injury to another;

(iii) interfering with another’s rights or property, including SBA’s rights or property;

(iv) violating any applicable law, rule or regulation; or

(v) such disclosure is required by any applicable law, rule or regulation.

Links

www.sbasite.com may contain links to other websites. This Privacy Policy applies solely to www.sbasite.com, and SBA makes no representations or warranties about, nor is it responsible for, the privacy practices of other websites. When you enter a linked website, SBA encourages you to read the privacy policy of that linked website, as its privacy policy may differ substantially from that of www.sbasite.com.

Changes to this Privacy Policy

SBA reserves the right to amend this Privacy Policy at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to this Privacy Policy shall be effective immediately upon their inclusion in, or deletion from, this Privacy Policy and the posting of the same in this Privacy Policy on www.sbasite.com.

You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued access and use of www.sbasite.com following the posting of any such changes shall indicate your acceptance of the same.

Questions, Comments & Complaints

SBA encourages you to provide SBA with feedback regarding this Privacy Policy. If you have questions, comments or concerns regarding this Privacy Policy, please contact us at 1.800.487.SITE.

Governing Law and Jurisdiction

This Privacy Policy is to governed and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws.

Any civil action, claim, dispute or proceeding arising out of or relating to this Privacy Policy 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.

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 Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy.

AGREEMENT OF TERMS OF USE

THIS AGREEMENT OF TERMS OF USE (this “Agreement”) is made as of this day, by and between SBA Communications Corporation, a Florida corporation (“SBA”), and you. This Agreement sets forth the terms and conditions that apply to your access and use of the Internet website owned and operated by SBA, located at the URL www.sbasite.com ( “www.sbasite.com”).

Applicability of Agreement

This Agreement is intended to apply to SBA, its affiliates and their respective websites, including, but not limited to SBA Telecommunications, Inc., SBA, Inc., SBA Network Services, Inc., SBA Towers, Inc. and SBA Properties Inc.

Your Right to Access and Use www.sbasite.com

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 the terms and conditions of this Agreement.

By accessing and using www.sbasite.com (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which SBA, in its sole discretion, may make in the future.

Any action by you that, in SBA's sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying www.sbasite.com shall not be permitted, and may result in your loss of the right to access and use of www.sbasite.com.

SBA may monitor your use and access of www.sbasite.com in accordance with its Privacy Policy located at the URL http://www.sbasite.com/disclaimer.htm in order to determine your compliance with this Agreement.

Intellectual Property Rights

SBA is the exclusive owner of all right, title and interest in United States Trademark Reg. No. 2,233,588 for the mark SBA and Reg. No. 2,108,935 for the mark SBA SETTING THE STANDARD FOR SITE DEVELOPMENT EXCELLENCE. These registrations are valid, subsisting, and in full force and effect for use in association with services described in such registrations. Additionally, SBA’s marks have acquired substantial secondary meaning, notoriety and good will in the target market. Such marks may not be used without the prior written consent of SBA, which consent may be withheld in its sole and absolute discretion. In addition to having the right to enjoin your unlawful infringement of its marks, SBA may also obtain damages, including but not limited to, profits, any damages sustained by SBA, and the cost of bringing an action against any person infringing on such marks.

The press releases, data and content contained on or downloaded from www.sbasite.com (collectively, the “Content”) are copyrighted by SBA. SBA also owns a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.

Without the prior written consent of SBA, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of Content.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the Content is permitted without the express prior written permission of SBA.

You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.

You shall be solely responsible for any damage resulting from your infringement of SBA’s intellectual property, or any other harm incurred by SBA as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use for purposes other than personal, non-commercial use of the Content that is contrary to the terms and conditions of this Agreement.

No Representations or Warranties Regarding Content

The Content is being provided to you on an “as-is” basis. SBA does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, merchantability, conformity or fitness or a particular purpose of the Content.

SBA makes no representation, warranty or guarantee that Content available for downloading from www.sbasite.com 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.

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 www.sbasite.com.

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.

Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use www.sbasite.com, and all costs and fees associated with internet access or long distance charges incurred with regard to your access and use of www.sbasite.com.

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 www.sbasite.com.

SBA may terminate this Agreement at any time, without prior notice, for any reason, or for no reason, which shall not be required to be disclosed to you.

Limitations on SBA’s Liability

SBA shall in no event be responsible or liable to you or any third party, whether in contract, warranty, tort (including negligence) or otherwise for any special, incidental, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business, as a result of:

(i) your access and use of www.sbasite.com;

(ii) your downloading of any Content for your personal, non-commercial use;

(iii) your downloading of any Content as may be permitted by SBA by SBA’s prior written permission regarding the same; or

(iv) your reliance or use of Content displayed, offered, promoted or advertised on www.sbasite.com.

Indemnification

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 www.sbasite.com.

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.

Amendments

www.sbasite.com reserves the right to amend this Agreement at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on www.sbasite.com.

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 www.sbasite.com following the posting of any such changes shall automatically be deemed your acceptance of the same.

Remedies

You acknowledge that SBA may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, SBA shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Miscellaneous

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.

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.

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.

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.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by SBA from time to time, shall survive your acceptance of this Agreement.