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W3 Data Terms of Use

Last Updated: 7/20/2006

PLEASE READ THIS W3 DATA 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 W3 Data Terms of Use Agreement (the "Agreement") governs your use of this Web site and is between you and W3 Data, a division of WhitePages.com, Inc. (together, "W3 Data"). This Agreement includes, and incorporates by this reference, the policies and guidelines that W3 Data may issue from time to time, including W3 Data's Privacy Policy and any Terms of Services which may apply to services you purchase from W3 Data. W3 Data 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. W3 Data 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. W3 Data 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 W3 Data 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.

W3 Data grants you a limited, revocable, not-exclusive license to view this site only to find information pertaining to W3 Data's products and services or to access such products and services.

Restrictions of Limited License.

Unless you have a separate agreement with W3 Data 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 W3 Data 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.

W3 Data 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.

W3 Data is committed to protecting your privacy. Please refer to W3 Data's 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, W3 DATA 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 W3 DATA 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. W3 DATA AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE W3 DATA 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 W3 DATA 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 W3 DATA'S LIABILITY.

IN NO EVENT SHALL W3 DATA 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 W3 Data to effectuate such termination. Additionally, W3 Data 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 W3 Data.

You agree to hold harmless, defend, and indemnify W3 Data, 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 W3 Data in conjunction with the sending of unsolicited e-mail, or cause to be used W3 Data 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 W3 Data's network addresses or W3 Data 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 W3 Data 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 W3 Data immediately.

Third Party Links.

W3 Data 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, W3 Data 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. W3 Data 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 W3 Data including feedback data, such as questions, comments, suggestions, or the like regarding the Site or any other products or programs of W3 Data (collectively "Feedback"), is non-confidential. W3 Data 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, W3 Data 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.

W3 Data may provide you notices of changes to this Agreement or any other matter by displaying notices to you generally on the Site. W3 Data 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 W3 Data shall be delivered via our contact us page.

Entire Agreement.

This Agreement constitutes the complete and entire agreement between you and W3 Data 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.

This Agreement is governed by the laws of the State of Washington, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in King County, Washington, USA.