WhitePages.com, Inc. Terms of Use

LAST REVISION: 08/08/2007

PLEASE READ THIS WHITEPAGES.COM, INC. TERMS OF USE AGREEMENT CAREFULLY. BY USING THIS WEB SITE (THE "SITE") YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This WhitePages.com, Inc. Terms of Use Agreement (the "Agreement") governs your use of this Web site and is between you and WhitePages.com, Inc. ("WhitePages.com"). This Agreement includes, and incorporates by this reference, the policies and guidelines that WhitePages.com may issue from time to time, including the WhitePages.com Privacy Policy. WhitePages.com reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this site. WhitePages.com will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Web site. Your use of this Site following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. WhitePages.com encourages you to review this Agreement whenever you visit the Site. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with WhitePages.com for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Site. If you would like to print this Agreement, please click the print button on your browser toolbar.

Grant of Limited License.

WhitePages.com grants you a limited, revocable, not-exclusive license to view this site only to find information pertaining to WhitePages.com.

Restrictions of Limited License.

Unless you have a separate agreement with WhitePages.com authorizing you to do so, you will: (i) not copy or distribute the software or source code behind the Site to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Site or otherwise attempt to discover or re-create the source code to the Site; (iii) comply with all applicable laws, including U.S. export control laws, applicable to the Site; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Site; (v) not remove, alter, or obscure any proprietary notices (including copyright notices) of WhitePages.com or its suppliers in any portion of the Site (vi) not interfere with or disrupt the use and enjoyment of the Site by users; and (vii) not use any type of automated means to utilize the Site.

Reservation of Rights.

WhitePages.com and its suppliers reserve all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Site from unauthorized use.

Privacy Policy.

WhitePages.com is committed to protecting your privacy. Please refer to WhitePages.com Privacy Policy which is incorporated herein by reference in its entirety.

DISCLAIMER OF WARRANTY.

YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, WHITEPAGES.COM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER WHITEPAGES.COM NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (II) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (VI) THAT THE SOFTWARE BEHIND THE SITE IS NONINFRINGING. WHITEPAGES.COM AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE WHITEPAGES.COM AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT AND THE SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF WHITEPAGES.COM OR ITS AFFILIATES.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE OR CONTENT OBTAINED THROUGH THE SITE IS DONE 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 SOFTWARE AND/OR CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF WHITEPAGES.COM’S LIABILITY.

IN NO EVENT SHALL WHITEPAGES.COM OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (I) USE OF THE SITE BY ANY PERSON, 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 OVER THE SITE, (II) ANY USE OR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE, OR (III) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.

Termination.

Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from WhitePages.com to effectuate such termination. Additionally, WhitePages.com may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination, you must stop using and viewing the Site.

Your Indemnification of WhitePages.com.

You agree to hold harmless, defend, and indemnify WhitePages.com, its officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys' fees, that are due to, or that arise from your use or misuse of the Site, or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.

Spam and Acceptable Use.

While we encourage you to refer friends, family, colleagues, and others to use the Site, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Site, name, trademarks, or other intellectual property of WhitePages.com in conjunction with the sending of unsolicited e-mail, or cause to be used WhitePages.com’s equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited e-mail messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that WhitePages.com’s network addresses or services are in any way identified as being associated with the sending of unsolicited e-mail. Other prohibited methods of advertising or promoting your involvement with WhitePages.com include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to WhitePages.com immediately.

Third Party Links.

WhitePages.com is not responsible in any way for, and does not guaranty the availability of, any e-mail from or links to third party Web sites and resources which may be accessed through the Site. In addition, WhitePages.com does not endorse 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 or services, or other materials on or available from such Web sites or resources.

Infringer Notification.

If you believe that any material available through the Site infringes upon any copyright you own or control, or that any link on the Site directs users to another Web site that contains material that you own or control, please contact us.

Feedback.

Any comments or materials sent to WhitePages.com including feedback data, such as questions, comments, suggestions, or the like regarding the Site or any other products or programs of WhitePages.com (collectively "Feedback"), is non-confidential. WhitePages.com has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, WhitePages.com is 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 incorporating such Feedback.

Notices; Announcements.

WhitePages.com may provide you notices of changes to this Agreement or any other matter by displaying notices to you generally on the Site. WhitePages.com may change its addresses (e-mail or mailing) by displaying such changes on the Site. All notices not sent by e-mail 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 shall be delivered via our contact us page.

Entire Agreement.

This Agreement constitutes the complete and entire agreement between you and WhitePages.com as it pertains to the Site and shall supplement any written agreements related thereto.

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.

Jurisdiction.