Terms of Service and Use Agreement

LAST REVISION: July 30, 2008

Welcome to WhitePages.com. WhitePages.com, Inc. (“WhitePages,” “we,” or “us”) provides this Web site (including the services offered on this Site), data service, and/or application (the “Offerings”) to you subject to the following terms and conditions. Please read them carefully. By using the Offerings, you agree to be bound by the terms and conditions of this agreement (the “Agreement”). If you would like to print this Agreement, please use the print function.

LICENSE

You must be 13 years or older to use the Offerings.

Limited License.

Unless otherwise indicated, the Offerings and all content, and other materials on or available on or through the Offerings, including, without limitation, directory listing data, 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 proprietary to WhitePages or its affiliates or licensors, and 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 herein (and with respect to any Services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the Offerings, (ii) cause the Materials to be displayed from a single computer or mobile device and (iii) use the Materials, solely as permitted under this Agreement (the "License"). WhitePages and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.

General Restrictions.

You will comply with all applicable laws, including without limitation, U.S. export control laws, applicable to your use of the Offerings and Materials.

You will not:

use the Offerings or Materials for other than their intended purpose;
engage in any unauthorized use of the Offerings or Materials (including, without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale or other commercial uses);
transmit or otherwise make available any content that: (i) you do not have the right to provide or transmit using the Offerings or (ii) may expose WhitePages or its affiliates, licensors, or users to any harm or liability;
transmit or otherwise make available any data or materials that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
copy any portion of the Offerings or Materials or any underlying content or source code;
reverse engineer, disassemble or decompile any portion of the Offerings or Materials, or otherwise attempt to discover or re-create the source code to any software;
distribute the software or source code behind the Offerings or Materials to any third party;
make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Offerings or Materials;
remove, alter, or obscure any copyright or other proprietary notices of WhitePages or its affiliates or licensors in any portion of Offerings or Materials;
obscure or disable any advertisements that appear on or through the Offerings;
use any type of automated means to utilize the Offerings;
access without authorization any networks, systems, or databases used in providing the Offerings, or to access or use any information therein for any purpose;
violate any requirements, policies, procedures or regulations of any network connected to the Offerings; interfere with or disrupt the use and enjoyment by others of the Offerings or the Materials;
falsely state, impersonate, or otherwise misrepresent your identity;
use the Offerings or Materials in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
use the Offerings or Materials in any manner that exposes the Company to any harm or liability of any nature; or
use the Offerings or Materials in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future.

Restrictions on the Use of Data.

As part of the Services, WhitePages provides you with the ability to search through our databases to find contact information and other information regarding individuals and businesses. Without in any way limiting any other restrictions in this Agreement, you represent and warrant that you will use all such information (the "Results Data") for your own personal (non-commercial use) in a strictly lawful manner. Among other limitations, you may not:

use any Results Data for marketing purposes, including making telemarketing calls, transmitting unsolicited paper mail, facsimile messages, text messages, email messages, or any other type of messages;
compile the Results Data in a database and store such data for any future use;
use any Results Data information for credit granting, credit monitoring, account review, insurance underwriting, employment or any other purpose covered by the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq., (
use any Results Data information for tortious purposes, including to stalk, harass, or threaten any individual;
match any Results Data with information from third party databases to append, verify, or create a new database;
publish, transit, distribute, or resell any Results Data; or
store via physical media, data mine or otherwise aggregate information or data made available through any Services for any purpose outside the scope of this Agreement or any other applicable agreement between you and WhitePages.

Termination of License.

WhitePages may revoke or terminate the License granted above in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Offerings or Materials, or any other WhitePages service, or (iii) use the Offerings or the Materials other than as specifically authorized in this Agreement, without our prior written permission.

Termination of Services.

WhitePages may discontinue, terminate, suspend or shut down the Offerings at any time and for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Offerings or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action by WhitePages, your License shall automatically terminate with respect to the affected Offerings and you must immediately stop using all affected Offerings.

ACCOUNTS

Account Creation.

In order to access to certain Offerings, you may be asked to create a user account (an "Account"). In connection with this Account, you must provide certain information ("Registration Data") and answer all inquiries marked "required." You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that WhitePages may contact you and require you to confirm some or all of your Registration Data before using certain Offerings. We reserve the right to terminate the License and to refuse to provide you with any and all current or future use of the Offerings if in our sole discretion, we determine that any of your Registration Data is, or, in our 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 of any unauthorized use of your user name or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.

INFORMATION

Privacy.

WhitePages is committed to protecting your privacy. The personal information you provide to us as part of any Offerings is governed by our Privacy Policy. Please read it carefully to understand our information practices before using the Offerings.

Removal Requests.

In order to remove your name and contact information from our public listings, please follow these instructions: (i) search for your listing on the Site, (ii) if your search generates multiple results, click on "Listing Details" link to get your contact information, (iii) click on "Is this you? Remove Your Listing" link, and (iv) complete the request form. Please note that we do not accept opt-out requests from third parties other than verifiable authorized agents (e.g., attorneys, government agencies, the Better Business Bureau, parents of minor children). We will comply with removal requests within ten (10) business days of receipt of your request. Often, listings accessible via the Site or Services are powered by third party databases. To remove these listings, please contact the third party directly.

Information You Provide or Transmit.

In the course of using the Offerings or Materials, you may transmit or otherwise make available certain content (including information about yourself). By submitting such content, you represent and warrant that: (i) you own and control all rights to the content you transmit or otherwise make available, or you have the lawful right to distribute, reproduce, and provide such content; (ii) such content is accurate and not misleading; and (iii) transmission or providing such content does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity. Further, you grant us a royalty-free, perpetual, irrevocable license to use such content in connection with our present and future products or services. Also, you understand and agree that WhitePages retains the right to reformat, excerpt or translate any content submitted by you. You understand and agree that WhitePages will not be liable for any content, publicly posted or privately transmitted on the Offerings. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using the Offerings. Additionally, we cannot guarantee that any content, obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.

Feedback.

Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding any Offerings or any other products or services of WhitePages (collectively, "Feedback"), is non-confidential and shall become our sole property. We 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.

DISCLAIMER; LIMITATION ON LIABILITY; INDEMNIFICATION.

DISCLAIMER OF WARRANTY.

THE OFFERINGS AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE 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 OFFERINGS OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE OFFERINGS OR MATERIALS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WHITEPAGES 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 OFFERINGS OR MATERIALS.

WITHOUT LIMITING THE FOREGOING, NEITHER WHITEPAGES NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE "WHITEPAGES PROVIDERS") REPRESENT OR WARRANT (I) THAT THE OFFERINGS OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE OFFERINGS OR MATERIALS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OFFERINGS OR MATERIALS WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY OFFERINGS; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE OFFERINGS OR MATERIALS ARE NON-INFRINGING.

SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL ANY OF THE WHITEPAGES 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 OFFERINGS OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE OFFERINGS OR MATERIALS, (II) ANY USE OR INABILITY TO USE THE OFFERINGS OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY OFFERINGS, IN EACH CASE EVEN IF THE WHITEPAGES PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WHITEPAGES PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE OFFERINGS OR MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WHITEPAGES FOR ACCESS TO OR USE OF THE OFFERINGS OR MATERIALS.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification Obligations.

You agree to hold harmless, defend and indemnify the WhitePages 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 of the Offerings or Materials, including, without limitation, any actual or threatened suit, demand or claim made against any WhitePages 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 of the Offerings or Materials; or (iv) any content that you store on or transmit through the Offerings. WhitePages may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with WhitePages in such event.

MISCELLANEOUS

WhitePages Mobile

This paragraph applies only to your use (if any) of the WhitePages Mobile application for iPhone™ or iPod®touch devices (the “Application”). We grant you a non-transferable license to use the Application on any iPhone™ or iPod® touch that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. You acknowledge that Apple, Inc. (“Apple”) has no obligation to furnish any maintenance and support services in connection with the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) to you. Beyond such refund, Apple will have no other warranty obligations with respect to the application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (and for which WhitePages is deemed responsible for) will be WhitePages’ sole responsibility. You further acknowledge that WhitePages, and not Apple, is responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any application legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You also acknowledge that in the event of a third party claim that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, WhitePages, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim. You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this paragraph, and that Apple will have the right, and will be deemed to have the right, to enforce this paragraph. Any questions, complaints or claims regarding the Application should be directed to: WhitePages.com, Inc., WhitePages Mobile Team, 1301 Fifth Avenue, Suite 1600, Seattle, WA 98101; tel: 206-973-5100; fax: 206-621-1375.

Spam and Communications Guidelines.

You may not use the Offerings, Materials, or any name, trademarks or other intellectual property of WhitePages in conjunction with the sending of unsolicited commercial email, nor may you cause any WhitePages Web site, service, product, or equipment, network connectivity or other resources to originate, deliver, relay or otherwise transmit unsolicited commercial email messages. Further, you may not engage in any of the foregoing prohibited activities by using any other provider, third-party agent, re-mailing service, or address forwarding service in such a way that our 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 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 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 immediately.

Third Party Links.

WhitePages may, as a convenience to its users, make links to third-party Web sites or resources available on or through the Offerings. WhitePages 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 the Offerings. In addition, WhitePages does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such Web sites or resources; or (ii) 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 of the Materials available on or through the Offerings infringes upon any copyright you own or control, or that any link made available on or through the Offerings directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an "Infringement Notice"). An Infringement Notice must be in writing (sent by fax or regular mail - not by email) 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:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you believe is being infringed;
A description of the location of the material that you believe is infringing the copyrighted work;
You contact information (please include your address, telephone number, and email address);
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf.

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.

Notices.

WhitePages may provide you notice of changes to this Agreement or any other matter by displaying notices to you generally through the Offerings or, at its option, by using any contact information you have provided to WhitePages. You agree that notice by the foregoing means shall be deemed complete when transmitted by WhitePages. All notices to WhitePages (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested 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 Offerings or Materials must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.

Severability.

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.

Governing Law; Venue.

YOUR USE OF THE OFFERINGS AND MATERIALS 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 OBJECTIONS 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, THE OFFERINGS OR MATERIALS. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

Relation to Other Agreements; Changes to the Agreement.

WhitePages may operate, individually or jointly with third parties, other Web sites, products, or services that incorporate the Offerings or Materials. Also, WhitePages may provide its Offerings on Web sites operated and owned by third parties. These other Web sites, products, or services may operate under a different user agreement than the Offerings (the terms and conditions of other such user agreements are not affected in any way by this Agreement nor is this Agreement affected by such other user agreements). We encourage you to review applicable policies and agreements when you visit any Web site or use any product or service, including this Web site.

In the event that an Offering is governed by its own terms of service and user agreement, that terms of service and user agreement shall supersede this Agreement to the extent that they are inconsistent.

WhitePages reserves the right to revise this Agreement at any time by posting a revised Agreement on this Web site or making such revised Agreement available through the Offerings. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Web site or being made available through the Offerings. Your use of the Offerings following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the Offerings to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the Offerings or Materials.