Last Revision: July 17, 2019
Hello and thanks for using Whitepages. Our free-to-use consumer Web sites (e.g., whitepages.com, 411.com), pay-to-use consumer Web sites, and related mobile-focused applications and Web sites (our "Services") are here to help you find other people and businesses online.
This Terms of Service agreement (the "Agreement" or "Terms") is between you and Whitepages Consumer, Inc. ("Whitepages", "we", "us" or "our"), and sets forth the legally binding terms for your access and use of the Services, except our TenantCheck product, which is subject to its own terms of service, found here. Whitepages provides the Services, and any text, graphics, photos, or other materials downloaded from or appearing on the Services (such materials, " Content"). Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into this Agreement.
IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
Electronic Communications: By accessing the Services, you consent to have this Agreement provided to you in electronic form and that all agreements, disclosures, and other communications that we may provide to you in electronic form satisfy any legal requirements that our communications with you be in writing. You acknowledge that when you provide us with your contact information, including an email address or telephone number ("Contact Information"), sharing this information with us constitutes a "purchase" or "inquiry" that establishes a business relationship between you and us.
You expressly agree that we may communicate with you about the Services, using any or all Contact Information you provide to us. You also represent and warrant that you have the legal authority over any telephone number you provide to us. We may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text message (SMS or MMS), or any other means of communication that your telecommunications device may be capable of receiving. You may elect to opt out of receiving marketing emails at any time by following the instructions and link provided in the email. Please allow up to ten business days for our systems to reflect your marketing communication preferences.
In order to use the Services, you must be 18 years of age or older and have the legal capacity to enter into this Agreement. In addition, you must not be barred from receiving services under United States law or the laws of any other jurisdiction. The Services are not for use by anyone under the age of eighteen years. If you are using any pay-to-use Services on behalf of your employer, you represent and warrant that you are authorized by them to accept these Terms, and that you will be using the Services for internal business use only. We reserve the right to suspend, terminate or deny your access to the Services for any (or no) reason, with or without notice and without further obligation.
Account Creation. In order to access and use certain Services, you will be asked to register and create a user account (an "Account"). As part of the Account creation process, you will create login credentials by selecting a password, providing an e-mail address, and answering all inquiries marked "required" (such credentials, the "Registration Data"). 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 or continuing to use these Services. We reserve the right to terminate the limited licenses granted to you and to refuse to provide you with any and all current or future use of the Services if, in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or appears to be, untrue, inaccurate, not current or incomplete.
Account Security. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You agree that you will not share your username and password, or transfer, sub-license, sell or assign your rights in your Account to any other person or entity. You may not open multiple Accounts for the same service, and we will close Accounts associated with the same credit or debit card. You must immediately notify Whitepages of any unauthorized use of your Account, login credentials, or any other breach of security of which you become aware by emailing [email protected] . We will not be liable for any loss or damage arising from your failure to comply with this section. Any fraudulent, abusive, or otherwise illegal activity may be grounds for immediate suspension or termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies. Whitepages has no obligation to retain any data associated with your Account if it is terminated.
Audit. Whitepages reserves the right to audit your use of the Services and Content. You agree to cooperate and to provide us all documentation reasonably requested related to the use of your account.
Paid Content. Some of the Content offered through the Services is only available for a fee (such Content, "Paid Content"). By purchasing Paid Content, you agree to receive the services offered, subject to the billing terms provided to you at that time. Both compiled reports and subscription plans for pay-to-use Services are considered Paid.
Compiled Report Fees. We offer compiled reports on individuals for a one-time license fee. If you are not satisfied with your purchase, please contact us within 30 days from the original date of purchase to discuss your concerns. If we cannot solve your concerns, we may provide you with another search, at no additional cost to you. We will not refund your purchase.
Subscription Fees. Except as expressly noted below with respect to our "App Lookup Service," if you sign up for a monthly (or other subscription term) plan (a "Subscription Plan"), we bill your Account using the billing information you provide to us, at the beginning of the paying portion of your subscription term and each month (or other subscription period) thereafter unless and until you cancel your subscription. You agree that a one-month term is one calendar month (e.g., May 15 to June 15; January 30 to February 28).
Report Credits. Credits may be used a payment method for certain Services. You may purchase credits, or we may, from time to time, issue promotional or free credits. Unless otherwise provided at the time of purchase, all credits are valid for one calendar month from the time of issuance or purchase, after which time they expire. When you purchase or receive credits, you do not own those credits, but instead have a limited right to use the credits in connection with the purchase of Services. Purchases of credits are non-refundable, except as otherwise required by law. In addition, credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing, or as required by law. We may change any of the terms and conditions of credits at any time, including the purchase price and the ways that you may use them. We may stop issuing Credits at any time.
App Lookup Service. Our App Lookup Service allows you to conduct reverse-phone queries on an individual or subscription basis through some of our mobile phone applications. Unless you subscribe to the App Lookup Service, you will be charged a fee for each query you make (except for queries for which we provide no result). We will notify you of the price before you make the query and are charged. If you subscribe to the App Lookup Service, you are not charged per search and instead will be charged a monthly recurring fee, whether or not you use the App Lookup Service that month or the query results are what you expected.
If you subscribe to the App Lookup Service on an Android phone, the App Lookup Service renews automatically every month unless you cancel your subscription. If you subscribe to the App Lookup Service on an Apple phone, you must affirmatively renew your subscription each month.
Payment Method and Provider. You agree to pay for all charges for the purchase of credits or the use of Paid Content using your Account, plus any applicable taxes. All prices are in US Dollars and do not include foreign exchange fees or charges that you may incur from other providers, such as your Internet service provider or telephone provider. Without limiting any other terms of this Agreement, the Services may change fees and charges in effect, or add new fees and charges from time to time, but you will always know the fees that may be charged before you are asked to provide payment.
Purchases made through Whitepages. You authorize us to charge your chosen payment provider for these charges. You also authorize us (or a third party working on our behalf) to collect and store that payment method, along with other related transaction information. We may update your payment method with information provided by the applicable payment service provider, and you authorize us to continue to charge the fee for Paid Content to the updated payment method. The terms of your payment will be based on your method of payment and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen method of payment (your "Payment Provider"). If your purchase results in an overdraft or other fee from your banking institution, you are responsible for paying that fee.
If Whitepages does not receive payment from your Payment Provider, you agree to pay all amounts due on your Account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by credit card, we may re-submit the payment to your Payment Provider. You are responsible for maintaining a current payment method to continue to access Paid Content, and if we are unable to charge your payment method, your access to Paid Content may be terminated. We reserve the right to correct any errors or mistakes that we may make, even if we have already requested or received payment, and to update your information from available third party sources.
Purchases made through Google Play or Apple iTunes Store. The fees and payment terms for mobile application purchases made through Google Play or the Apple iTunes store depend on the type of phone that you use, your wireless service provider, the extent to which you use and obtain Paid Content, and the Google or Apple terms of service. You represent that you are the owner or authorized user of the wireless device that you use to access Paid Content, and that you are authorized to approve any and all applicable charges.
Cancellation and Refunds. You may choose not to renew your Subscription Plan at any time, and you will continue to have access to Paid Content through the end of your billing period (be it monthly, or multi-month). WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS, OR UNUSED PAID CONTENT. If you cancel your Subscription Plan, your Subscription Plan will automatically terminate at the end of your current billing period. To see when your next payment is due, or to cancel auto-renew, log in to your account and go to your account settings page. If you signed up for Paid Content using your account with a third party as a payment method (e.g., Google Play), and wish to cancel, including during your trial period, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the applicable Service through that third party. For refunds for Paid Content purchased through the Google Play of Apple iTunes stores, please contact Google or Apple, as applicable, through your account with them. You acknowledge that any use of the pay-to-use Services or Paid Content that violates these Terms may result in termination of your access to Paid Content, without eligibility for a refund.
Pre-approval. When you purchase credits or Paid Content with a credit or debit card, we may charge your card $1.00 to verify that your card is active. We will refund that amount to your card in 24 hours or less. The pre-approval amount may not be immediately available to you, even if you cancel the transaction. You may or may not see these transactions on your bill.
Except for allowing you to access and use the Services for your own personal use (or, with respect to the pay-to-use Services, internal business use), when you use the Services, you are not receiving a license or any other rights from Whitepages, including intellectual property or other proprietary rights of Whitepages. You understand that you have no rights to the Services or Content or any other Whitepages property except as indicated in these Terms and all rights and licenses not expressly granted to you in this Agreement are retained by Whitepages. To the extent any component of the Services or Content may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms.
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 Services or Content, or (iii) use the Services or the Content other than as specifically authorized in this Agreement, without our prior written permission.
You may not do any of the following while accessing or using the Services:
Whitepages is not a Consumer Reporting Agency. Whitepages is not a consumer reporting agency for purposes of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq. ("FCRA"). None of the information in our databases has been collected, in whole or in part, for the purpose of furnishing "consumer reports," as defined in the FCRA, and the additional protections afforded to consumers, and obligations placed on credit reporting agencies, are not contemplated by, nor contained within, these Terms.
FCRA Restrictions on Your Use of the Services. You may not use any information obtained from the Services and Content in connection with determining a prospective candidate's suitability for:
or for any other purpose covered by the FCRA, by the Federal Trade Commission's interpretations of the FCRA, and/or by similar state statutes.
You may not use, or allow a third party to use, the Services or Content for any marketing purposes, including making telemarketing calls and transmitting unsolicited advertisements via paper mail, fax or email. You may not use, or allow a third party to use, the Services and Content to prepare any database (or compare one database to another) to append, verify or create a new database. Content may not be published, sold, or rented to any third party.
We do not allow scraping or automated collection of our Content. If we determine that you are using use automated means (e.g., robot or spider) to retrieve, distribute or index any portion of our Content, or more than one individual is using your Account at any one time, your Account may be turned off or your access otherwise blocked, without notification, for further investigation. If you feel your Account has been turned off or your access to the Services has been blocked in error please contact our Customer Support team.
You also agree to adhere to the following:
Whitepages has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law. We may, but are not required to, provide notice of such violations beforehand.
Informational Only. The Company and the government agencies that provide this data have not considered or assessed the specific risk that any convicted sex offender displayed in a search of the Content will commit another offense, or the nature of any future crimes that may be committed.
Legal Limits on Disclosures. Under some state's laws, certain registered sex offenders are not subject to public disclosure, so they are not included in sex offender databases. Offenses other than the crimes for which the convicted sex offender is required to register are generally not included in sex offender databases, so the Content may not reflect the entire criminal history of a particular individual.
Mistaken Identities. Extreme care must be taken in the use of information because mistaken identification may occur when relying solely upon name, age, and address to identify individuals.
Errors and Omissions. Sex offender data is compiled from reports by local law enforcement. Much of that information is gathered from persons who are required to register as sex offenders and to provide, at least once a year, their addresses and other information to local law enforcement. Because information can change quickly, and there may be gaps in data received, we make no representation, either express or implied, that the information on this site is complete or accurate. Whitepages shall not be held responsible for any errors or omissions in the Content, or produced by secondary dissemination of this information.
Notice of Corrections. If you believe that any sex offender information provided by the Services is in error, please contact the appropriate police or sheriff's department, or contact the Department of Justice. See http://NSOPW.gov for more information.
Legal and Illegal Uses. The information in the Content is made available solely to protect the public. In some states, it is illegal to use information obtained through public records to commit a crime against a registered sex offender or to engage in discrimination or harassment against a registered sex offender. Criminal misuse of this information may subject the person who misuses it to a sentence enhancement, in addition to the punishment for the crime committed.
Public Records for Informational Use. The Services provide a database of public records and publicly available sources of information aggregated for your convenience, including but not limited to, court, voter registration, property and license records ("Public Information"). This Public Information may be made available to you through the Services and is provided for informational purposes only.
No Verification of Content. Whitepages does not verify Public Information or any other Content. While we are constantly updating and refining the Services, we do not warrant or guarantee that the results provided will be accurate and up to date and, consequently, Whitepages shall not be responsible or liable for the accuracy, completeness, usefulness, or legality of any Public Information or the availability or unavailability of the Services or Content. Whitepages does not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any searches. Whitepages also reserves the right to delete any information from its databases at any time.
You agree to rely on the Public Information, and any other Content, available through the Services at your own risk.
Under California Civil Code Section 1789.3, if you are a California resident, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Ownership of Content and Marks. The Services, and all material published on or accessible through the Services, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, "applets" incorporated into the software data, sounds, messages, comments, ratings, and other materials that are part of the Services, is owned by Whitepages or its licensors, and is protected by copyright, trademark, and other laws of both the United States and other countries.
All trademarks, service marks, trade names, and trade dress contained in the Services ("Marks"), are proprietary to Whitepages and may not be used by you unless expressly authorized to do so. This prohibition includes, but is not limited to, unauthorized copying or distribution of any of the Content displayed or used on the Services, framing Content, using Meta tags or "hidden text," creating any unauthorized derivative work, or in any other way exploiting the Marks, the Content or the Services. You agree you will not reproduce, publish, transmit, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, or the Services, in whole or in part. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the Services. All right, title and interest in and to the Content and Services is and will remain the exclusive property of Whitepages and its licensors. Any feedback, comments, or suggestions you may provide regarding Whitepages or the Services, including correspondence with Customer Service (collectively, "Feedback"), is entirely voluntary. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to 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.
We may use third-party trademarks in the Services to identify the owners of these marks. Use of any third-party trademark is intended only to identify the trademark owner and its goods and services, and is not intended to imply any association between the trademark owner and Whitepages.
No Other License Granted. Except for allowing you to use the Services and Content for your personal use or internal business purposes as set forth in above, when you use the Services, you are not receiving a license or any other rights from Whitepages, including intellectual property or other proprietary rights of Whitepages. You understand that you have no rights to the Services or any other Whitepages property except as described in these Terms.
Content You Provide or Transmit. In the course of using the Services, you may transmit or otherwise make available certain content to us, including information about yourself. You grant us a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such content. You understand and agree that Whitepages retains the right to reformat, excerpt or translate any content provided or transmitted by you. You also agree that we may collect and use technical information such as your IP address, device ID, and other information including, but not limited to, technical data about your mobile device and system software and peripherals, for product improvement, customer support, and to provide other services to you related to the Services. We have no obligation to monitor content you provide and submit through the Services, but we do reserve the right to monitor and review such content, for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law or the requirement of a court, administrative agency or other governmental body.
We grant you a non-transferable license to download and use any Services made available via an iOS application on any iPhone®, iPod® touch, and/or iPad® device(s) that you own or control, as permitted by the usage rules set forth in the Apple App Store Terms of Service. If you use such iOS Application, you acknowledge that we may access and use your mobile device's Unique Device Identifier via the application for the following purposes: (i) identification of users and authorization for account access; (ii) tracking and reporting of anonymous usage statistics; and (iii) to enable third parties to deliver targeted advertising and/or track the performance of their advertising.
Further, if you use an iOS Application, you acknowledge that Apple, Inc. ("Apple") has no obligation to furnish any maintenance and support services in connection with such iOS Application. In the event of any failure of the iOS 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 any Whitepages iOS Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (for which we are deemed responsible) will be our sole responsibility. You further acknowledge that Whitepages, and not Apple, is responsible for addressing any claims relating to its iOS Applications or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the a Whitepages iOS 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 a Whitepages iOS Application or your possession and use of a Whitepages iOS 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 any Whitepages iOS Application should be directed to: Whitepages iOS Application Team, 1301 Fifth Avenue, Suite 1700, Seattle, WA 98101; [email protected].
If you use any of the Services made available via a Google Play Application, you acknowledge that you must contact Whitepages, not Google, concerning any defects or performance issues in applications downloaded and installed from Google Play. Whitepages is solely responsible for, and Google will have no responsibility to undertake or handle support and maintenance of any Services and any complaint about our Services. You acknowledge and agree that Google and its subsidiaries are third party beneficiaries of this Agreement.
Whitepages may, as a convenience to you, make links to third-party Web sites or resources available on or through the Services. Whitepages is not responsible in any way for, and does not make any representation, warranty, guarantee or endorsement regarding any third party Web sites and resources which may be accessed through us. In addition, Whitepages does not endorse or adopt, and is not directly or indirectly 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.
You acknowledge sole responsibility for and assume all risk arising from your use of any third party Web sites or resources.
Certain Services use mapping functionality provided by Google Maps, which is subject to additional terms found at http://www.google.com/help/terms_maps.html.
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 Services infringes on any copyright you own or control, or that any link made available on or through the Services 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:
Sign the Infringement Notice and send the written communication to:
Attn: Venkat Balasubramani
900 First Avenue S., Suite 201
Seattle, WA 98104 Fax: (206) 260-3966
Upon request, we can suppress an individual's contact information records over which we have control from being shown through the Services. To suppress your contact information, you need to be either the person associated with the applicable name, address, or phone number, or be legally authorized to act on behalf of that person. We endeavor to make changes within 72 hours of receipt of your opt-out request.
Instructions on how to suppress your contact information can be found on our Help Center, by following this link and clicking on the article "How do I edit or remove a personal listing?".
You understand that an opt-out request will only suppress contact information available directly through the Services, and cannot remove information from third-party sources, such as court records, voter registration lists, and property records. We do not warrant that a request for removal of or change to contact information will result in removal of or change to all of your information from the Services. Further, we are not responsible for informing any third party of any changes you may request pursuant to this policy, and we cannot remove or cause to be removed information from the databases or records of any third party.
If you download or use certain Services, such as an app or a browser plug-in, you agree that, from time to time, the software may download and install upgrades, updates, and additional features from us in order to improve, enhance, and further develop the Services.
The following provisions apply to users who interact with Whitepages outside the United States, its territories and possessions:
Whitepages makes no representation that the Services are available for use in any particular location. To the extent you choose to access and/or use the Services, you are responsible for compliance with any applicable laws including, but not limited to, applicable local laws.
YOU USE THE SERVICES AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR (A) ANY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM YOUR USE OF THE SERVICES, AND (B) FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SERVICES OR THE CONTENT. TO THE EXTENT PERMITTED APPLICABLE LAW, WHITEPAGES PROVIDES THE SERVICES AND THE CONTENT "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WHITEPAGES AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WHITEPAGES IS ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OR TRADE.
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 "PROVIDERS"), REPRESENT OR WARRANT (I) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, TRUTHFUL, COMPLETE, RELIABLE, OR ERROR FREE; (II) THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE, OR SECURE; (III) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE CONTENT IS NON-INFRINGING.
NO INFORMATION OR ADVICE PROVIDED THROUGH THE SERVICES, BY THE COMPANY, OR BY THE COMPANY'S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
Some states do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.
IN NO EVENT SHALL WHITEPAGES OR ANY OF THE PROVIDERS BE LIABLE, WHETHER UNDER ANY IMPLIED INDEMNITIES OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, 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 SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE SERVICES OR CONTENT, WHETHER PROVIDED BY WHITEPAGES OR BY THIRD PARTIES; (II) ANY USE OR INABILITY TO USE OR ACCESS THE SERVICES FOR ANY REASON, (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR SEARCHES, CONTENT, OR ACCOUNT, (IV) ANY CONTENT PROVIDED BY OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES; OR (IV) ANY CONTENT OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES, EVEN IF WHITEPAGES AND/OR THE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WHITEPAGES OR THE PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES AND/OR THE CONTENT EXCEED THE GREATER OF U.S. $100.00 OR THE AMOUNT YOU PAY TO WHITEPAGES, IF ANY, IN THE PAST SIX MONTHS, FOR ACCESS TO OR USE OF THE SERVICES.
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 Whitepages and the 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 use or misuse of the Services or the Content including, without limitation, any actual or threatened suit, demand or claim made against Whitepages or any Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, and (ii) your breach of this Agreement. Whitepages may assume exclusive control of any defense of any matter subject to indemnification by you (which shall not excuse your obligation to indemnify Whitepages), and you agree to cooperate with Whitepages in such event. You shall not settle any dispute subject to your indemnification under this Agreement without prior written consent from Whitepages.
These Terms will be governed by the laws of the State of Washington without regard to or application of its conflict of law provisions or your state or country of residence.
Waiver. Whitepages's failure to enforce a provision of this Agreement is not a waiver of its right to do so later or to enforce any other provision.
Severability. If any provision of these Terms of Service are 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 may not assign any of your rights or obligations under this Agreement, and any such attempt will be void. Whitepages may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the Services, the Content, and any part thereof, without notice to you. Whitepages shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.
These Terms will remain in full force and effect while you use the Services. If you wish to terminate this Agreement or your Account, you may simply discontinue using the Services. Whitepages may terminate your access to all or any part of the Services or Content at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, payment obligations, warranty disclaimers, release of claims, indemnity, and limitations of liability.
Nothing in this section shall affect Whitepages' right to change, limit, or stop the provision of the Services without prior notice, as provided in section 12.4.
Except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.
We reserve the right to change these Terms of Service at any time by posting the most current version of the Terms with a new Effective Date shown. It is your responsibility to review these Terms of Service prior to each use of the Services, and by continuing to use the Services, you agree to any changes. If you do not agree to these Terms, you must discontinue using the Services immediately.
Please read the following sections carefully, as they affect your rights.
ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND WHITEPAGES RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SERVICES OR CONTENT, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY ("DISPUTE"), WILL BE RESOLVED BY BINDING ARBITRATION IF IT CANNOT BE RESOLVED THROUGH NEGOTIATION AS SET FORTH IN THIS SECTION 12.10. ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE ARBITRATOR WILL DECIDE ALL THRESHOLD QUESTIONS, INCLUDING BUT NOT LIMITED TO, ISSUES RELATING TO THE ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THIS SECTION 12.10 AND WHETHER EITHER PARTY LACKS STANDING TO ASSERT THEIR CLAIM(S).
NOTWITHSTANDING THE FOREGOING, YOU AND WHITEPAGES AGREE THAT (A) ANY DISPUTE THAT MAY BE BROUGHT IN SMALL CLAIMS COURT MAY BE INSTITUTED IN SMALL CLAIMS COURT IN YOUR COUNTY OF RESIDENCE OR KING COUNTY, WASHINGTON INSTEAD OF BEING RESOLVED THROUGH ARBITRATION, AND (B) EITHER PARTY MAY SEEK INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO (I) ENJOIN INFRINGEMENT OR OTHER MISUSE OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS (INCLUDING, WITHOUT LIMITATION, VIOLATION OF ANY DATA USE RESTRICTIONS CONTAINED IN THIS AGREEMENT OR OTHER MISUSE OF THE CONTENT), OR (II) ENJOIN SCRAPING, WEB CRAWLING OR UNAUTHORIZED ACCESS TO EITHER PARTY'S WEB SITES OR SERVICES.
If you have a Dispute with Whitepages, you must send written notice describing the Dispute to Whitepages to allow Whitepages an opportunity to resolve the Dispute informally through negotiation. You must send your notice to the following address: Whitepages, Inc., Attn: Legal Department, 1301 Fifth Ave, Suite 1700, Seattle, WA 98101. If we have a Dispute with you, we will send written notice (e-mail or letter) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 45 days after notice of a Dispute has been provided. If the Dispute is not resolved within 45 days from receipt of notice of the Dispute, you or Whitepages may proceed to have the Dispute resolved through arbitration as each party's exclusive Dispute resolution process (except for the limited exceptions set forth above).
Any arbitration, if required, will be conducted by AAA under its then current and applicable rules and procedures, which are located at http://www.adr.org, and these rules will govern the payment of all filing, administration, and arbitrator fees, unless this Section 12.10 expressly provides otherwise. The party submitting a dispute for resolution through arbitration will pay AAA's filing fee. Each party will pay their pro rata share of administration and arbitrator fees under AAA's rules; provided however, if AAA's Consumer Arbitration Rules are applicable, Whitepages will make arrangements to pay all necessary administration and arbitrator fees directly to AAA. If AAA's Consumer Arbitration Rules are applicable and you lose the claim(s) you assert against Whitepages, you agree to reimburse Whitepages for your pro rata share of administration and arbitrator fees; provided however, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Whitepages will pay as much of the administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous or that you asserted the claim(s) for harassment or any other improper purpose, you agree to reimburse Whitepages for all administration and arbitrator fees paid by Whitepages. The party that ultimately loses will pay the reasonable documented attorneys' fees and costs of both parties.
The arbitration shall be held in Seattle, Washington, in English. If the value of the relief sought is US$25,000 or less, the arbitration will be conducted based solely on written submissions; provided, however, either of us may request to have the arbitration conducted by telephone or in-person hearing, which request shall be subject to the arbitrator's discretion. Attendance at any in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. Keeping in mind that arbitration must remain a fast and economical process, no discovery or exchange of information between us is contemplated. Upon request by either of us, the arbitrator may direct specific information be exchanged and may issue a protective order limiting the use and disclosure of exchanged information; provided however, the scope of information the arbitrator may direct to be exchanged shall be limited to what the arbitrator determines is needed to provide for a fundamentally fair process. Either party may file a dispositive motion to narrow the issues.
YOU AND WHITEPAGES EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION. YOU AND WHITEPAGES EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS THAT ARE PERMITTED BY, AND DEEMED UNWAIVABLE UNDER, STATE LAW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
If any clause within this Section 12.10 (other than the class action waiver clause above) is determined to be illegal or unenforceable, that clause will be severed from this Section 12.10, and the remainder of this Section will be given full effect. If the arbitrator determines this Section 12.10 is unenforceable, invalid, or has been revoked as to any claim(s), then the Dispute as to such claim(s) will be decided by the courts in the state of Washington, King County, or the United States District Court for the Western District of Washington, and the parties irrevocably submit to the exclusive jurisdiction of such courts. If the class action waiver clause is determined to be illegal or unenforceable, this entire Section 12.10 will be unenforceable, and the Dispute will be decided by the courts of the state of Washington, King County, or the United States District Court for the Western District of Washington, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
The Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern this Agreement and any Dispute that might arise between Whitepages and you.