Terms of Service and Use Agreement
LAST REVISION: July 31, 2012
WhitePages, Inc. ("WhitePages," "we," or "us") provides this Web site (including the services offered on this Web 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.
You must be thirteen (13) years or older to use the Offerings. If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent to use the Offerings.
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 (collectively, the "Materials") are proprietary to WhitePages or its affiliates or licensors, and are protected by U.S. and international intellectual property laws. Except as otherwise provided, 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.
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:
- 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, (ii) may expose WhitePages or its affiliates, licensors, or users to any harm or liability, or (iii) is unlawful, untrue, or otherwise objectionable;
- transmit or otherwise make available any content 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;
- except as otherwise permitted by WhitePages, 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 the 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 or Materials;
- access without authorization any networks, systems, or databases used in providing the Offerings or any accounts associated with Offerings, or to access or use any information therein for any purpose;
- attempt to probe, test, hack, or otherwise circumvent any security measures;
- violate any requirements, policies, procedures or regulations of any network connected to the Offerings;
- use any of the Offerings in any manner that could damage, disable, overburden, or otherwise impair the Offerings (or the networks 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 Offerings, WhitePages provides you with the ability 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. ("FCRA"), Federal Trade Commission interpretations of the FCRA, and similar state statutes;
- use any Results Data information for tortuous 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 Offerings 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 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.
In order to access certain Offerings, you may be asked to create a WhitePages user account (an "Account") or log-in using your credentials for another service (e.g., Google, Yahoo!, Microsoft, etc.), as further described below. In connection with creating a WhitePages 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 we determine or suspect any of your Registration Data is, or, appears to be, untrue, inaccurate, not current or incomplete.
You are responsible for maintaining the confidentiality of your account credentials 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 account credentials 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.
Third Party Log-In.
If you log-in using your credentials for another service such as Google, Yahoo!, Microsoft, you will be re-directed to a sign-in request page hosted by that third-party service. By signing-in using your credentials for that service, you agree that WhitePages may access certain information received from that service, as specified in the sign-in process, and use such information to facilitate your log-in and to provide the Services to you. WhitePages will not store any such information received from third-party services.
Listing Add, Edit or Removal Requests.
In order to add a personal listing, please follow the instructions available at http://www.whitepages.com/listing?s_cid=010101. In order to edit a personal listing, please: (i) search for your listing on this Web site, (ii) if your search generates multiple results, click on the relevant listing, (iii) click on "Is this you? Edit" link, and (iv) complete the request form. In order to remove your name and contact information, please: (i) search for your listing on this Web 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 Offerings are powered by third party databases. To remove these listings, please contact the third party directly.
If you are a Sprint business customer, in order to add or edit a business listing, go to http://sprint.whitepages.com. If you are not a Sprint business customer, please follow the instructions available at http://www.expressupdateusa.com/.
Content You Provide or Transmit.
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.
4. 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 THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (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 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.
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 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.
5. SPECIFIC WHITEPAGES PRODUCTS AND SERVICES
The following sections apply to certain specific Offerings of WhitePages. The terms in such sections (the "Special Terms") supplement the other provisions of this Agreement, however if any Special Terms conflict with the other sections of the Agreement, the Special Terms shall apply.
WhitePages Mobile and Caller ID.
This section only applies to your use (if any) of the WhitePages Mobile application for iPhone™ or iPod® touch devices (the "WhitePages Mobile iPhone Application"), the WhitePages Mobile application for BlackBerry® smartphones (the "WhitePages Mobile BlackBerry Application") or the Caller ID applications for mobile devices running the Android platform (the "Caller ID Applications"). We grant you a non-transferable license to download and use (i) the WhitePages Mobile iPhone 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, (ii) the WhitePages Mobile BlackBerry Application on any BlackBerry® smartphone that you own or control and as permitted by the usage rules set forth in the BlackBerry App World™ Client Software Addendum to the BlackBerry Software License Agreement, or (iii) the Caller ID applications on any mobile device running the Android™ platform that you own or control and as permitted by Google, Inc.
WhitePages Mobile iPhone Application.
If you use the WhitePages Mobile iPhone Application, you acknowledge that Apple, Inc. ("Apple") has no obligation to furnish any maintenance and support services in connection with the WhitePages Mobile iPhone Application. In the event of any failure of the WhitePages Mobile iPhone 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 WhitePages Mobile iPhone Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (for which WhitePages is deemed responsible) will be WhitePages' sole responsibility. You further acknowledge that WhitePages, and not Apple, is responsible for addressing any claims relating to the WhitePages Mobile iPhone Application or your possession and/or use of the WhitePages Mobile iPhone Application, including, but not limited to: (i) product liability claims; (ii) any claim that the WhitePages Mobile iPhone Application fails to conform to any applicable 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 WhitePages Mobile iPhone Application or your possession and use of the WhitePages Mobile iPhone 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.
The reverse geocoding functionality of the WhitePages Mobile iPhone Application utilizes the GeoNames Web Service, available at geonames.org and licensed under the Creative Commons Attribution 3.0 License.
Any questions, complaints or claims regarding the WhitePages Mobile iPhone Application should be directed to: WhitePages, Inc., WhitePages Mobile iPhone Application Team, 1301 Fifth Avenue, Suite 1600, Seattle, WA 98101; tel: 206-973-5100; fax: 206-621-1375.
WhitePages Mobile BlackBerry Application.
The WhitePages Mobile BlackBerry Application is $6.99 for six (6) months. At the end of the six (6) months, if you wish to continue using the WhitePages Mobile BlackBerry Application, you will have to download the application and pay the $6.99 fee again. Purchases of the WhitePages Mobile BlackBerry Application can be made through the BlackBerry App World via a PayPal® account. Any amounts paid will not be refunded. If you have any questions specific to the WhitePages Mobile BlackBerry Application, please send them to email@example.com.
If you use the WhitePages Mobile BlackBerry Application, you acknowledge that RIM and Digital River are excluded from any liability whatsoever in relation to the WhitePages Mobile BlackBerry Application, including without limitation, in relation to the sale, distribution, use, performance or non-performance of the WhitePages Mobile BlackBerry Application, and also that RIM and Digital River are third party beneficiaries of this paragraph.
Caller ID Applications.
In order to use the full functionality of Current Caller ID or Current Caller ID Plus, the application will require access to your social media account(s). The kinds of information accessed from those accounts is specified when you first download and set up the application on your mobile device. Any sharing from the application back to your social media account(s) is done by you at your discretion. You represent and warrant that you will remain in compliance with the terms and conditions of those social media account(s) while using either Current Caller ID or Current Caller ID Plus.
Lookup and Lookup Unlimited Service.
This section only applies to your use (if any) of the Lookup and/or Lookup Unlimited Services.
Lookup: The Lookup Service allows you to conduct reverse-phone queries on an individual basis. The price per query is $1.99. Standard messaging fees and other charges may apply to your use of the Lookup Service and if so, they will appear on your mobile phone bill or will be deducted from your pre-paid balance. You will not be charged the premium fee of $1.99 if there is no result for your query; however, the standard messaging fees and other charges will likely still apply. To use the Lookup Service, text the phone number you wish to look up to 566587 (LOOKUP).
Lookup Unlimited: The Lookup Unlimited Service allows you to conduct unlimited reverse-phone queries on a subscription basis. The monthly recurring charge is $2.99 (whether or not you use the service or if a result for your query is returned). Standard messaging fees and other charges may apply to your use of the Lookup Service and if so, they will appear on your mobile phone bill or will be deducted from your pre-paid balance. The Lookup Unlimited Service automatically renews every month unless you cancel your subscription.
To sign-up or opt-in for the Lookup Unlimited Service, text the word "OK" to 566587 (LOOKUP).
To cancel your subscription or opt-out of the Lookup Unlimited Service, text the word "STOP" to 566587 (LOOKUP).
For assistance with the Lookup Unlimited Service, text the word "HELP" to 566587 (LOOKUP).
Refunds: Please contact your wireless carrier to request a refund for either the Lookup or Lookup Unlimited Services.
Supporting Carriers: The Lookup and Lookup Unlimited Services are available to customers of major U.S. carriers. Such availability may be subject to change.
Add Listing Content to Your Listing Services.
In connection with your use of an Add Listing Content Service, you specifically represent and warrant the following:
- you are at least eighteen (18) years old;
- you have the right to add the content you add to your directory listing; and
- your cell phone number (if applicable) is not part of a multiple account wireless services plan.
WhitePages has no obligation to monitor the Add Listing Content Services; however it does reserve the right to monitor and review any content you submit while using an Add Listing Content Service, and to edit or refuse to post any content you add to your directory listing, in whole or in part, in its sole discretion. In the event that you lose rights to any content you added to our database (whether or not you kept it private) for any reason (including porting your cell phone number), you hereby agree that you will use the relevant Add Listing Content Service to remove such content.
Send a Message Services.
We do not charge for the Send a Message Services, but if you send a text message, the recipient's cellular carrier's normal messaging, data, and other rates and fees may apply. The Send a Message Services limit email messages to 500 characters and text messages to 160 characters (if your text message is too long, it may be broken into multiple text messages).
In connection with your use of a Send a Message Service, you specifically represent and warrant the following:
- you are at least eighteen (18) years old;
- your use of the Send a Message Service is limited to your own personal, non-commercial use; and
- you will not use the Send a Message Service for any purpose that is unlawful or prohibited herein.
Specifically in connection with your use of a Send a Message Service, you agree that you will not:
- engage in any unsolicited promotions, political campaigning, advertising, solicitations, or unsolicited commercial messages;
- attempt to alter or obscure source-identifying information; or
- attempt to collect or store personal information about third parties without their knowledge or consent.
WhitePages has no obligation to monitor the Send a Message Services; however it does reserve the right to review messages sent through the Send a Message Services and to edit, refuse to send, or remove any content, in whole or in part, in its sole discretion. You are solely responsible for the content of any message you send using a Send a Message Service. WhitePages reserves the right to terminate your use of a Send a Message Service at any time for any or no reason.
This section only applies to your use (if any) of WhitePages PRO. Your use of such service is governed by this Agreement (unless an independent service agreement is executed by both parties). Notwithstanding anything to the contrary in Section 1, the limited license granted to you to (i) access and use WhitePages PRO, and (ii) use the Materials (including Results Data generated from WhitePages PRO) for (a) non-commercial purposes or (b) the limited commercial purposes of confirming the accuracy of, or validating, contact information provided by individuals or businesses and obtaining contact information for individuals or businesses.
WhitePages PRO is made available at the pricing as noted separately on the website for each access method. You may be prompted to (a) complete the necessary registration information including your credit card information, or (b) contact WhitePages via telephone at 1-800-336-1327 to complete your registration and provide your pertinent billing information. If your payment plan requires credit card payments, WhitePages will charge the fees to your credit card as you use WhitePages PRO. WhitePages accepts American Express, Visa, MasterCard or Discover. If, at any time thereafter, you fail to pay any amount when due or are otherwise in breach or default under this Agreement, WhitePages may, in its sole discretion, and without prejudice to its other rights, immediately terminate your use of the WhitePages PRO. Late payments hereunder will accrue interest at the rate of one and one half percent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower.
WhitePages' provision of WhitePages Pro to you will continue for a thirty (30) day period from the date you first order the service (the " Term"), unless earlier terminated as set forth below. WhitePages may terminate this Agreement at any time, for any reason. Further, WhitePages may terminate this Agreement effective immediately, or any part of the Services immediately, in the event you breach any obligation hereunder. You may terminate this Agreement by giving thirty (30) days' notice prior to the conclusion of the Term and such termination will take effect at the conclusion of the Term. In order for your termination to be effective, you must provide written/e-mail notice to WhitePages. WhitePages will cease charging your credit card (as applicable) if no fees are owed to WhitePages, upon the effective date of the termination.
If WhitePages terminates your WhitePages PRO account for reasons other than breach, you will receive, within ninety (90) days of termination, a refund for any account credit net of any amounts due. If your account is terminated for breach hereunder, you will not receive any refund for payments already made by you as of the date of termination and you will bear all costs of such termination, including any reasonable costs WhitePages incurs in closing your account. You will pay any and all costs incurred by WhitePages in enforcing your compliance with this section including attorneys' fees. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. WhitePages may delete all or part of the information related to you that has been uploaded or otherwise delivered to WhitePages in connection with your use of WhitePages PRO.
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 and Accounts.
WhitePages may, as a convenience to its users, make links to third-party Web sites or resources available on or through the Offerings. In addition, certain offerings may access your accounts for third-party services. WhitePages does not make any representation, warranty or guarantee regarding any third party Web sites, resources, and services. WhitePages is not responsible or liable for: (i) the availability, functionality, or accuracy of such third-party Web sites, resources, or services; (ii) the information, content, products, or services on or available therefrom; or (iii) any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on such third-party Web sites, resources, or services or the information, content, products, or services on or available therefrom. Access to such third-party Web sites, resources or services does not imply any endorsement by WhitePages. You acknowledge sole responsibility for and assume all risk arising from your use of any thirty-party Web sites, resources or services, as well as all responsibility and risk related to any terms and conditions or other agreements which govern such thirty-party Web sites, resources or services.
Contents © 2010, WhitePages, Inc. All Rights Reserved.
All content included on this Web site, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WhitePages or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Web site is the exclusive property of WhitePages and protected by U.S. and international copyright laws.
Any rights not expressly granted herein are reserved by WhitePages.
WHITEPAGES, WHITEPAGES.CA, ADDRESS.COM, PHONENUMBER.COM, 411.COM, and other WhitePages graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of WhitePages or its affiliates in the U.S. and/or other countries. WhitePages' trademarks and trade dress may not be used in connection with any product or service that is not WhitePages' in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WhitePages. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.
Notification of Claimed Infringement.
WhitePages strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. 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;
- Your 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 Focal PLLC; Attn: Venkat Balasubramani; 800 Fifth Avenue, Suite 4100, Seattle, WA 98104; Fax: (206) 260-3966.
WhitePages may provide you notice of changes 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:
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.
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.