Acceptance of Terms
For the purposes of these TOU, "this web site" means the ATC Nigeria directory on the www.americantower.com web site ("ATC web site"), which links to other directories or pages on the ATC web site. Such other directories or pages on the ATC website may contain terms and conditions which are different from these TOU. On your browsing around the ATC web site, please check the terms and conditions of each directory or page which you visit and do not assume that these TOU apply to all directories or pages on the ATC web site.
These TOU are governed by and to be interpreted in accordance with the laws and regulations of the Republic of Nigeria and in the event of any dispute arising in relation to these TOU or any dispute arising in relation to this website, whether in contract, delict or otherwise, the courts in Nigeria will have non-exclusive jurisdiction over such dispute. However, this web site is hosted in the United States of America. Accordingly, by accessing one or more areas of this web site, you are also agreeing to be bound by all applicable United States federal, state and locals laws and regulations (including export and re-export control laws) relating to the use of this website.
You may, subject to these TOU, access, download or print materials contained on this web site for your direct personal or business use in connection with planning or managing your specific communications infrastructure projects or for other purposes as offered from time to time on the web site. You agree that certain areas of the web site may be restricted to customers of ATC.
ATC makes every effort to make this web site continuously available. However, ATC does not guarantee that this web site will be available at any given time nor that use of this web site will not be subject to interruption.
You agree not to restrict or inhibit other users from using this web site by any means including without limitation by overburdening, damaging, or disabling any ATC server on which this web site resides. You agree that you will not attempt to post or transmit any unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise inappropriate materials, post or transmit any information or software that contains a virus or other harmful or disruptive component or malware, or post or transmit materials in violation of the intellectual or proprietary property rights of ATC or any third party.
You agree not to use this web site or any materials included in or extracted from this web site in any way which is unlawful, including, without limitation, engaging in “database scraping” or “screen scraping” to obtain inventory lists or other proprietary information. You agree that you will not access or attempt to access password protected, secure or non-public areas of this web site and understand that you may be subject to prosecution if you attempt to access prohibited areas of this web site. As requested by ATC, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity.
You agree that the materials on this web site are intended only for your personal or your direct business use and that you will not re-publish, re-transmit, otherwise incorporate materials from this website in any document in any medium of publication, or provide any such materials to a third party.
Linking to this Web Site
You may not create a link to this web site for any purpose without first obtaining the written permission of ATC.
Use of Materials Posted to this Web Site
You may copy, download, quote from, or otherwise use materials posted to this web site by ATC provided that you attribute those materials to ATC, that use of the materials is for non-commercial or personal use only, and that the materials will not be copied to, posted on, incorporated into, or referred to on or within any web site, web log (“blog”), or used in any commercial print or broadcast media. Use for any other purpose without the prior written consent of ATC in each case obtained is expressly prohibited by law, and may result in civil and/or criminal liability. Violators will be prosecuted to the maximum extent possible.
Security of Personal Information
You may use this web site without providing any personal information. Should you provide any personal information via this website, ATC will take commercially reasonable precautions to secure that information within its computer systems and its physical premises and will only use such personal information in accordance with the Privacy Notice. The Privacy Notice governs the use of information collected from or provided by you via the web site. With respect to any individual whose personal information is provided by you to ATC, you represent to ATC that you have obtained all necessary consents for the processing of such personal information contemplated by the Privacy Notice, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for personal data as the laws of the country of origin of such an individual.
Other information You Send to ATC
Any information (other than personal information referred to above) which you send to ATC by use of this web site will be deemed not to be confidential information, regardless of any marking or notice to the contrary contained in that information. You agree that any information that you provide ATC through this web site thereupon becomes the property of ATC and that ATC may discard that information or use it for any purpose whatsoever without obligation of any kind to you or the payment of any compensation to you.
If you do not wish to receive e-mail announcements, notifications, or special promotions from ATC, please contact the web site administrator and request to be removed from the mailing list. Updating or deleting of personal information may also be handled by contacting the web site administrator. In both cases, the web site administrator may be reached by e-mail at firstname.lastname@example.org. Please note that, if you request deletion of your user profile, access to certain web site features and functionality may be limited.
Click Through Web Sites
ATC may, from time to time, post hypertext links on the web site allowing you to “click through” to one or more other web sites not owned or controlled by ATC (a “Click Through Site”). You understand and agree that: (i) ATC does not own or control these Click Through Sites; (ii) any hypertext links to Click Through Sites posted by ATC are offered for your convenience and interest; and (iii) posting of a hypertext link does not constitute an endorsement by ATC of the form, substance, or content of the Click Through Site. ATC is not responsible for the form or substance of any “web broadcasting” or other form of data, graphic, audio, video, or other transmission which you may receive voluntarily or involuntarily as a result of accessing a Click Through Site. ATC makes no representation of any kind concerning a Click Through Site or the accuracy or applicability to you of any information presented there. ATC expressly disclaims any responsibility for the content of any Click Through Site, for any computer worms or viruses, trojan horses, or other malware that you may acquire by visiting a Click Through Site, or any consequences to you of any kind resulting from visiting or using information acquired from a Click Through Site. It is solely your responsibility to evaluate the substance and suitability to your intended use of all information and contents of a Click Through Site.
ATC may modify, change, update, or replace the TOU in whole or in any part at any time. The most current version of the TOU is always the version that is published on this web site.
Errors and Omissions
ATC strives to keep the information on this web site accurate, complete and up- to-date at all times. However, the web site may at any time contain typographical errors, errors of substance, or omissions, whether or not material. ATC disclaims any responsibility for any damage or loss related to the accuracy, completeness or timeliness of any part of the contents of this web site. If you discover that this web site or any materials contained herein are in error, please contact the web site administrator at email@example.com.
Limitation of Liability
THE CONTENT OF THIS WEB SITE IS PROVIDED FOR GENERAL INFORMATION ONLY, WITH THE UNDERSTANDING THAT ATC IS NOT ENGAGED IN THE RENDERING OF LEGAL OR OTHER PROFESSIONAL ADVICE OR SERVICE.
SUBJECT TO THE PROVISIONS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("ECTA") AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ATC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. USE OF THIS WEB SITE IS AT YOUR OWN RISK. ATC IS NOT RESPONSIBLE FOR ANY LOSSES, DAMAGES OR CONSEQUENCES TO YOU OR TO ANY THIRD PARTY RELATING DIRECTLY OR INDIRECTLY TO THE USE OF THIS WEB SITE, TO THE USE OF MATERIALS MADE AVAILABLE ON THIS WEB SITE OR ANY CLICK THROUGH WEB SITE, OR ANY ACTION OR INACTION THAT YOU TAKE AS A RESULT OF ANY VISIT YOU MAY MAKE TO THIS WEB SITE OR ANY CLICK THROUGH WEB SITE. IN NO EVENT WILL ATC BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF YOUR USE OF THIS WEB SITE OR ANY CLICK THROUGH WEB SITE, ANY MATERIALS MADE AVAILABLE ON THIS WEB SITE OR ANY CLICK THROUGH WEB SITE, OR ANY ACTION OR INACTION THAT YOU TAKE AS A RESULT OF ANY VISIT YOU MAY MAKE TO THIS WEB SITE OR ANY CLICK THROUGH WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR COST SAVINGS, EVEN IF ATC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS WEB SITE IS PROVIDED TO YOU ON AN “AS IS, WHERE IS, WITH ALL FAULTS” BASIS. ATC EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY TO YOU OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ATC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU AS TO WHETHER THIS WEB SITE INFRINGES THE INTELLECTUAL OR PROPRIETARY PROPERTY RIGHTS OF ANY THIRD PARTY, NOR WILL ATC DEFEND YOU OR HOLD YOU HARMLESS AGAINST SUCH A CLAIM BROUGHT AGAINST YOU BY ANY THIRD PARTY.
Intellectual Property Rights
All materials contained in this web site are governed by the patent, copyright, trademark, or other law of the United States, the Republic of Nigeria and/or foreign countries. All intellectual or proprietary property rights are held by ATC and/or a third party. None of these materials may be reproduced, modified, published, posted, transmitted, have derivative works created therefrom, be framed in or used on another web page or web site, or be transferred, sold, or distributed in any form or by any means without the prior written consent of ATC and/or the third party owner of the affected intellectual or proprietary property rights in each case obtained. All rights not expressly granted in these TOU are reserved. Any unauthorized use of the materials appearing on this web site may violate patent, copyright, trademark and other applicable laws and could result in criminal or civil liability.
“American Tower Corporation”, “American Tower”, the stylized “A” logo, “OASIS”, “Site Locator”, “FastTrack”, and any other ATC logos used on this web site are the trademarks of American Tower Corporation. All rights therein are reserved by ATC. Other product and company names featured on this web site are or may be the trademarks of their respective owners.
Variation of Certain Deeming Provisions in ECTA
By using this website, you agree that these TOU create a binding agreement between ATC and you, even though these TOU are wholly or partly in the form of a data message. You agree specifically that:
- the agreement will be treated as if it was concluded at ATC's physical address on the date on which you first made any use of this website;
- an electronic signature is not required by you or ATC for purposes of agreeing to these TOU. You agree that by using this website this will be sufficient evidence of your agreement to these TOU;
- any data message sent by you to ATC will be deemed to have been sent from ATC’s physical address detailed if neither your usual place of business nor residence is located within the Republic of Nigeria;
- any data message sent by ATC to you will be deemed to have been received by you at ATC's physical address if neither your usual place of business nor residence is located within the Republic of Nigeria;
- a data message sent by you to ATC will only be treated as having been received by ATC when an acknowledgement of receipt is sent by an individual who had authority to act on behalf of ATC in respect of that data message; and
- this agreement will be interpreted and implemented in accordance with the laws of the Republic of Nigeria and you agree to the jurisdiction of the courts of the Republic of Nigeria
ATC’s failure to exercise any particular rights or provision of these TOU shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by ATC in writing.
These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
Any costs, including legal costs on the attorney and own client scale and value-added tax, incurred by ATC arising out of your use of this website or a breach of these TOU, will be borne by you.
You may contact ATC for any purpose concerning these TOU by sending email to the ATC web site administrator at firstname.lastname@example.org.