Terms of Service and Use Agreement
LAST REVISION: October 25, 2007
PLEASE READ THIS TERMS OF SERVICE AND USE AGREEMENT CAREFULLY. BY USING THIS WEB SITE, OR ANY PRODUCT OR SERVICE OFFERED ON THIS WEB SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ALL POLICIES, GUIDELINES AND AGREEMENTS INCORPORATED HEREIN.
This Terms of Service and Use Agreement (this "Agreement") sets forth the general terms and conditions that govern your use of this Web site (the "Site") and services offered on the Site (the "Services"). WhitePages.com, Inc. ("WhitePages.com") may operate, individually or jointly with third parties, other Web sites that incorporate WhitePages.com content or Services. These other Web sites may operate under different user agreements than this Site. We encourage you to review applicable policies and agreements when you visit any Web site, including this Site.
WhitePages.com reserves the right to change or revise this Agreement at any time by posting any changes or a revised Agreement on this Site. If WhitePages.com makes material changes or revisions to this Agreement, it will indicate on the top of this Agreement the date it was last changed or revised. The changed or revised Agreement will be effective immediately after it is posted on this Site. Your use of this Site or any Services following the posting of any such changes or revisions will constitute your acceptance of any such changes or revisions. WhitePages.com encourages you to review this Agreement each time you use this Site or any Service to make sure that you understand the terms applicable to your use. If you do not agree to all the terms and conditions in this Agreement, including any referenced policies or guidelines, you must immediately terminate your use of this Site and the Services. If you would like to print this Agreement, please use the print function in your Web browser.
Relation to Other Agreements.
This Agreement applies exclusively to your access to, and use of, this Site and any Services offered on this Site. You may enter in other agreements to use certain Services. This Agreement does not alter in any way the terms or conditions of any other agreement that you may have, now or in the future, with WhitePages.com or its subsidiaries or affiliates for products, services or otherwise.
Limited License.
Unless otherwise indicated, this Site and all content, and other materials on this Site, including, without limitation, the WhitePages.com logo, and all designs, text, graphics, pictures, information, data, sound files, software and files, and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of WhitePages.com or its affiliates or licensors are protected by U.S. and international copyright laws. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement (and with respect to any Services requiring payment of fees, your payment of such fees), WhitePages.com grants to you a personal, non-exclusive, non-assignable and non-transferable license to access and use this Site and the Materials from a single computer and solely as permitted under this Agreement (the "License").
Restrictions of Limited License.
You will: (i) not resell access to this Site, or any Materials or Services; (ii) not use this Site, Materials or Services for other than their intended purpose; (iii) not copy any portion of the Site, Materials or Services or any content or source code underlying the Site, Materials or Services; (iv) not distribute the software or source code behind the Services to any third party; (v) not reverse engineer, disassemble or decompile any portion of the Materials or the Services, or otherwise attempt to discover or re-create the source code to any software; (vi) comply with all applicable laws, including, without limitation, U.S. export control laws, applicable to your use of this Site, the Materials and the Services; (vii) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of this Site, the Materials or the Services; (viii) not remove, alter, or obscure any copyright or other proprietary notices of WhitePages.com or its affiliates or licensors in any portion of the Materials or Services or on this Site; (ix) not interfere with or disrupt the use and enjoyment of this Site or the Materials or Services; and (x) not use any type of automated means to utilize the Services. Further, WhitePages.com may restrict your use of spiders, bots, data mining and other automated means of accessing, downloading or retrieving directory listings or other Materials on this Site or available through the Services. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Termination of License.
WhitePages.com may revoke or terminate the License granted above in its sole discretion at any time. Without limiting the generality of the foregoing, WhitePages.com may revoke or terminate your rights under the License if you (i) breach any obligation in these Terms of Use or in any other agreement between you and WhitePages.com, or (ii) violate any policy or guideline applicable to this Site, the services thereon or any other WhitePages.com service. Further, any use of this Site or the Materials or the Services other than as specifically authorized in this Agreement, without the prior written permission of WhitePages.com, is strictly prohibited and will terminate the License without any notice or action required of either party. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.
Registration Obligations.
In consideration for access to certain products, offers, promotions, contests, sweepstakes, activities and other Services, and to establish a user account on this Site (an "Account"), you must provide WhitePages.com with certain information ("Registration Data") requested on the applicable registration form, and must answer all inquiries marked "required." You agree that the Registration Data you provide will be true, accurate, current and complete at the time you provide it. You further agree to maintain and update such Registration Data to keep it true, accurate, current and complete. You agree that WhitePages.com may contact you and require you to confirm some or all of your Registration Data before using certain Services. WhitePages.com reserves the right to terminate the License and to refuse to provide you with any and all current or future use of the Services if WhitePages.com, in its sole discretion, determines that any of your Registration Data is, or, in WhitePages.com's opinion, appears to be, untrue, inaccurate, not current or incomplete.
Account Security.
If you register for an Account, you will be required to select a user name and password. You are responsible for maintaining the confidentiality of your user name and password and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify WhitePages.com of any unauthorized use of your user name or any other breach of security of which you become aware. WhitePages.com will not be liable for any loss or damage arising from your failure to comply with this section.
User Conduct.
You acknowledge and agree that you may not use this Site or any Services to:
You represent and warrant that (i) you own and control all of the rights to the content that you provide or transmit in connection with this Site or any Services, or you otherwise have the lawful right to distribute and reproduce such content and to provide such content to its intended recipients; (ii) such content is accurate and not misleading; and (iii) transmission of the content you supply does not violate this Agreement and will not violate any rights of or cause injury to any person or entity.
Information You Provide or Transmit.
In the course of using this Site or the Services, you may elect to provide information about yourself. By submitting such information, you grant WhitePages.com a royalty-free, perpetual, irrevocable license to use such information in connection with its present and future Services offerings. Furthermore, you understand and agree that WhitePages.com retains the right to reformat, excerpt or translate any materials or information submitted by you. You understand and agree that WhitePages.com will not be liable for any information, publicly posted or privately transmitted on this Site or through the Services. You understand and agree that WhitePages.com cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using this Site or the Services. Additionally, we cannot guarantee that any information, obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.
Privacy.
WhitePages.com is committed to protecting your privacy. The personal information you provide to WhitePages.com as part of any Services or otherwise on this Site is governed by WhitePages.com's Privacy Policy. Please read the Privacy Policy carefully to understand WhitePages.com's information practices before using this Site or the Services.
DISCLAIMER OF WARRANTY.
YOU UNDERSTAND AND AGREE THAT THE SERVICES, THIS SITE AND ANY PRODUCTS, SOFTWARE AND MATERIALS OFFERED ON THIS SITE OR THROUGH THE SERVICES (COLLECTIVELY, THE "WHITEPAGES.COM OFFERINGS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN A WRITING BY WHITEPAGES.COM, WHITEPAGES.COM AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WHITEPAGES.COM OFFERINGS. WITHOUT LIMITING THE FOREGOING, NEITHER WHITEPAGES.COM NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE "WHITEPAGES.COM PROVIDERS") REPRESENT OR WARRANT (i) THAT THE WHITEPAGES.COM OFFERINGS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (ii) THAT THE WHITEPAGES.COM OFFERINGS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WHITEPAGES.COM OFFERINGS WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS OR ANY INFORMATION OR CONTENT ACCESSIBLE ON OR THROUGH ANY WHITEPAGES.COM OFFERINGS; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (vi) THAT THE WHITEPAGES.COM OFFERINGS ARE NON-INFRINGING. THE WHITEPAGES.COM PROVIDERS HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE THE WHITEPAGES.COM PROVIDERS FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS AND REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE WHITEPAGES.COM OFFERINGS, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF ONE OR MORE OF THE WHITEPAGES.COM PROVIDERS.
YOU ACKNOWLEDGE AND AGREE THAT THE WHITEPAGES.COM OFFERINGS ARE ACCESSED AND USED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WHITEPAGES.COM OFFERINGS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THIS SITE OR ANY SERVICES.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL ANY OF THE WHITEPAGES.COM PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE (ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) USE OF THE WHITEPAGES.COM OFFERINGS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED WITH ANY WHITEPAGES.COM OFFERINGS, (ii) ANY USE OR INABILITY TO USE THE WHITEPAGES.COM OFFERINGS FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, THE TRANSMISSION OR DELIVERY OF ANY MESSAGE, OR ANY COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION, SENT, STORED OR ACCESSED ON OR THROUGH ANY WHITEPAGES.COM OFFERINGS, OR (iii) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY WHITEPAGES.COM OFFERINGS, IN EACH CASE EVEN IF THE WHITEPAGES.COM PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WHITEPAGES.COM PROVIDERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WHETHER PASSIVE, ACTIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WHITEPAGES.COM OFFERINGS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WHITEPAGES.COM FOR ACCESS TO OR USE OF THE WHITEPAGES.COM OFFERINGS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Termination of Services.
WhitePages.com may discontinue, terminate, suspend or shut down the Site or any Services at any time and for any or no reason. WhitePages.com may effect notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, posting such notice on this Site or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action by WhitePages.com, your License shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services.
Your Indemnification Obligations.
You agree to hold harmless, defend and indemnify the WhitePages.com Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any WhitePages.com Offerings, including, without limitation, any actual or threatened suit, demand or claim made against WhitePages.com or any other WhitePages.com Provider that arises out of or relates to (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of any covenant, representation or warranty in this Agreement; (iii) your use of any WhitePages.com Offerings; or (iv) any content that you store on or transmit through the Site or any Services. WhitePages.com may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with WhitePages.com in such event.
Spam and Communications Guidelines.
While we encourage you to refer friends, family, colleagues and others to use the Whitepages.com Sites and Services, you may do so only through methods that are consistent with applicable laws and regulations, the terms and conditions of your Internet service provider and prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Services or any name, trademarks or other intellectual property of WhitePages.com in conjunction with the sending of unsolicited commercial email, nor may you cause any WhitePages.com Site, Service or equipment, network connectivity or other resources to originate, deliver, relay or otherwise transmit unsolicited commercial email messages. Further, without WhitePages.com's permission, you may not engage in any of the foregoing prohibited activities by using any other provider, third-party agent, remailing service, or address forwarding service in such a way that WhitePages.com's intellectual property, network addresses or Services are in any way associated or likely to be associated with the sending of unsolicited commercial email. Other prohibited methods of advertising or promoting your involvement with WhitePages.com include, but are not limited to, (i) postings or transmissions of messages in violation of any published guidelines or specifications for the use of any Service that allows you to post or transmit messages; or (ii) multiple or otherwise abusive postings or transmissions of messages, using WhitePages.com's referral features, or other services, to Usenet newsgroups, mailing lists, chat rooms, instant messaging programs, social networking sites or networks or other online forums. Please report any incidents of "spamming" or similar inappropriate behavior to WhitePages.com immediately.
Third Party Links.
WhitePages.com may, as a convenience to its users, include links to third-party Web sites or content on this Site and on the Services. WhitePages.com is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party Web sites and resources which may be accessed through this Site or the Services. In addition, WhitePages.com does not endorse or adopt, and is not responsible or liable for, any content, advertising, goods or services, or other materials available on or from such Web sites or resources. WhitePages.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such Web sites or resources.
Notification of Claimed Infringement.
If you believe that any material available through this Site infringes upon any copyright you own or control, or that any link on the WhitePages Web Sites directs users to another Web site that contains material that you own or control, please file a notice of infringement with WhitePages.com (an "Infringement Notice"). An Infringement Notice must be in writing (sent by fax or regular mail - not by email, except by prior agreement) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.
To expedite our ability to process an Infringement Notice, please provide the following information:
Sign the Infringement Notice and send the written communication to Balasubramani Law PLLC, attn: Venkat Balasubramani, 8426 40th Ave SW, Seattle, WA 98136, Fax: (206) 260-3966.
Feedback.
Any comments or materials sent to WhitePages.com, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding any WhitePages.com Offerings or any other products or offerings of WhitePages.com (collectively, "Feedback"), is non-confidential and shall become the sole property of WhitePages.com. WhitePages.com shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. Further, WhitePages.com shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or Services incorporating such Feedback, without acknowledgment, compensation or other obligation to you or any third party.
Notice.
WhitePages.com may provide you notice of changes to this Agreement or any other matter by displaying notices to you generally on this Site or, at its option, by using any contact information you have provided to WhitePages.com. All notices not sent by email shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested. All written notices to WhitePages.com (other than notices of claimed infringement) should be sent to:
WhitePages.com, Inc
Attn: Legal Department
1301 Fifth Ave, Suite 1600
Seattle, WA 98101
Time Limitation on Claims and Causes of Action.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Site or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous.
WhitePages.com and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. You must be 13 years or older to use this Site and the Services. YOUR USE OF THIS SITE AND THE SERVICES SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.