Header_logo
 

Terms of Service

WhitePages Pro Terms of Service

LAST REVISION: APRIL 3, 2009

Welcome to the WhitePages Pro Web site. WhitePages, Inc. (“WhitePages,” “we,” or “us”) provides this Web site and the WhitePages Pro service (collectively, “WhitePages Pro”) to you subject to the following terms and conditions. Please read them carefully. By using WhitePages Pro, you agree to be bound by these terms and conditions (the “Agreement”). If you would like to print this Agreement, please use the print function.

  1. SERVICE:

    Plan Options:

    • The Intro Plan is available at a cost of nineteen dollars and ninety-five cents ($19.95) per month and includes one (1) user account and twenty (20) lookups per month.
    • The Basic Plan is available at a cost of thirty-nine dollars and ninety-five cents ($39.95) per month and includes two (2) users account and an aggregate of one hundred (100) lookups per month.
    • The Standard Plan is available at a cost of seventy-nine dollars and ninety-five cents ($79.95) per month and includes up to three (3) user accounts and an aggregate of three hundred (300) lookups per month.
    • The Plus Plan is available at a cost of one hundred ninety-nine dollars and ninety-five cents ($199.95) per month and includes up to ten (10) user accounts and an aggregate of one thousand (1,000) lookups per month.
    • The Enterprise Plan is available at a cost of nine hundred ninety-nine dollars and ninety-five cents ($999.95) per month and includes up to fifty (50) user accounts and an aggregate of ten thousand (10,000) lookups per month.

    Unused lookups will not be rolled-over to the next month.

    You may upgrade your subscription plan at any time by logging into your account. You will be charged the price difference between the new and previous plans, and the balance of remaining lookups will be credited with the difference in lookups between the new and previous plans.

    Search Results:

    Reverse phone search results typically include only a name (person, business or truncated version of either). When available, location or other information (e.g. phone type, age range) may be returned.

    Anytime your search returns one (1) or more results, your available lookups will be reduced by one (1). If a search returns “no results” the number of available lookups under your plan will not be reduced.

    Billing and Payment:

    Upon signing up for a plan, you will be asked to provide billing information (including, without limitation, your credit card information) and to authorize a charge to your credit card for the applicable fees and taxes. Payment may be made by Visa, MasterCard or American Express. All charges associated with your WhitePages Pro service subscription will appear on your credit card bill as “WhitePages Pro” and will include our customer service number. You represent and warrant that you have the right and authority to charge payment to the account tied to the credit card information you submit.

    This is a recurring subscription, so your credit card will be automatically billed each month (on the anniversary date of the original purchase) unless and until you cancel your subscription. In the event that you sign up for a WhitePages Pro plan on the 28th day of a given month or later (e.g., the 29th, 30th, or 31st), your billing date thereafter will be the 28th day of each month that you are still subscribed to a WhitePages Pro plan.

    If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your credit card information by logging into your account. If your credit card reaches its expiration date, your continued used of WhitePages Pro constitutes your authorization to continue billing that credit card. In the event of unsuccessful billing, you will be notified and your account will be suspended until you re-subscribe.

    The information you provide in connection with billing and payment will be handled by WhitePages in accordance with its Privacy Policy.

    Cancellation and Refunds:

    You may cancel your monthly subscriptions at any time by logging into your account or contacting customer service (1-800-336-1327 or prosupport@whitepages.com); however, any amounts paid will not be refunded. Access to cancelled accounts will be immediately terminated.

    The monthly fees paid to access the WhitePages Pro service are not refundable.

  2. LICENSE:

    Age Requirement:

    You must be thirteen (13) years or older to use WhitePages Pro. If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent before using WhitePages Pro.

    Limited License Grant:

    Unless otherwise indicated, WhitePages Pro, and all content, and other materials on or available through WhitePages Pro, including, without limitation, contact information (the “Results Data”), the WhitePages logo, and all designs, text, graphics, pictures, information, data, sound files, software and files, and the selection and arrangement thereof (collectively, the “Materials”) are proprietary to WhitePages, its affiliates or licensors, and are protected by U.S. and international copyright laws. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein and your payment of related fees and taxes, we grant to you a limited, revocable, non-exclusive, non-assignable and non-transferable license, subject to the restrictions discussed below, to (1) access and use WhitePages Pro, (2) cause the Materials to be displayed on a computer or mobile device, and (3) use the Results Data for (i) non-commercial purposes, or (ii) the limited commercial purposes of (a) confirming the accuracy of, or validating, contact information provided by individuals or businesses and (b) obtaining contact information for individuals or businesses (the “License”). WhitePages and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.

    General Restrictions:

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

    You will not:

    • engage in any unauthorized use of WhitePages Pro or the Materials (including, without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale or other commercial uses);
    • copy any portion of WhitePages Pro or the Materials or any underlying content or source code;
    • reverse engineer, disassemble or decompile any portion of WhitePages Pro or the Materials, or otherwise attempt to discover or re-create the source code to any software;
    • distribute the software or source code behind WhitePages Pro or the Materials to any third party;
    • make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of WhitePages Pro or the Materials;
    • remove, alter, or obscure any copyright or other proprietary notices of WhitePages or its affiliates or licensors in any portion of WhitePages Pro or the Materials;
    • obscure or disable any advertisements that appear on or through WhitePages Pro;
    • use any type of automated means to utilize WhitePages Pro or the Materials;
    • access without authorization any networks, systems, or databases used in providing WhitePages Pro or any accounts associated with WhitePages Pro, 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 WhitePages Pro;
    • use WhitePages Pro in any manner that could damage, disable, overburden, or otherwise impair WhitePages Pro (or the networks connected to the WhitePages Pro);
    • interfere with or disrupt the use and enjoyment by others of WhitePages Pro or the Materials;
    • falsely state, impersonate, or otherwise misrepresent your identity;
    • use WhitePages Pro or the Materials in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
    • use WhitePages Pro or the Materials in any manner that exposes the Company to any harm or liability of any nature; or
    • use WhitePages Pro or the Materials in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future.

    Restrictions on Use of Data:

    Without in any way limiting any other restrictions in this Agreement, you represent and warrant that you will use the Results Data for your own personal or commercial use as specified above. 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 WhitePages Pro 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 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 WhitePages Pro or the Materials, or any other WhitePages service, or (iii) use WhitePages Pro or the Materials other than as specifically authorized in this Agreement, without our prior written permission. In the event that WhitePages revokes or terminates the License pursuant to this paragraph, you will not receive a refund for any amounts paid for the WhitePages Pro service.

    Termination of Services:

    WhitePages may discontinue, terminate, suspend or shut down WhitePages Pro at any time and for any or no reason, including, but not limited to, at the request of its data providers. 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 WhitePages Pro or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action by WhitePages, (i) your License shall automatically terminate with respect to WhitePages Pro and you must immediately stop using WhitePages Pro, and (ii) WhitePages shall refund, on a pro-rated basis, any amounts paid for the WhitePages Pro service for that month.

  3. ACCOUNTS:

    Account Creation:

    In order to access the WhitePages Pro service, you may be asked to create a user account (an “Account”). In connection with this Account, you must provide certain information (“Registration Data”) and answer all inquiries marked “required.” You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that WhitePages may contact you and require you to confirm some or all of your Registration Data before using the WhitePages Pro service. We reserve the right to terminate the License and to refuse to provide you with any and all current or future use of WhitePages Pro 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 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.

  4. INFORMATION:

    Privacy:

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

    Feedback:

    Any comments or materials sent to us, including, but not limited to, ideas, questions, suggestions, feedback or the like (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.

  5. DISCLAIMER, LIMITATION OF LIABILITY, INDEMNIFICATION:

    Disclaimers:

    WhitePages Pro AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE 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 WhitePages Pro OR THE MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING WhitePages Pro OR THE 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 WhitePages Pro OR THE MATERIALS.

    WITHOUT LIMITING THE FOREGOING, NEITHER WHITEPAGES NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE “PROVIDERS”) REPRESENT OR WARRANT (I) THAT WhitePages Pro OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT WhitePages Pro OR THE MATERIALS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT WhitePages Pro OR THE 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 WhitePages Pro; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT WhitePages Pro OR THE 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 WhitePages Pro OR THE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN WhitePages Pro OR THE MATERIALS, (II) ANY USE OR INABILITY TO USE WhitePages Pro OR THE MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THIS WEB SITE, 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 WhitePages Pro OR THE MATERIALS EXCEED ANY COMPENSATION YOU PAY TO WHITEPAGES FOR ACCESS TO OR USE OF WHITEPAGES PRO OR THE MATERIALS.

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

    Indemnification Obligations:

    You agree to hold harmless, defend, and indemnify the WhitePages Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your use or misuse of any WhitePages Pro or the 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; or (iii) your use of WhitePages Pro or the Materials. 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.

  6. MISCELLANEOUS:

    Third Party Links:

    WhitePages may, as a convenience to its users, make links to third-party Web sites or resources available on or through this Web site. WhitePages is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party Web sites and resources which may be accessed through this Web site. In addition, WhitePages does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such Web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such Web sites or resources.

    Copyright Notice:

    Contents © 2012, 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.

    The WhitePages Pro service is also a copyrighted work(s) of WhitePages.

    Any rights not expressly granted herein are reserved by WhitePages.

    Trademarks:

    WHITEPAGES.COM, WHITEPAGES.COM SEARCH. FIND. CONNECT., W3 DATA, WHITEPAGES.CA, ADDRESS.COM, PHONENUMBER.COM, 411.COM, and CONNECTORY, 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 non-WhitePages authorized product or service 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 on or available through this Web site infringe upon any copyright you own or control, or that any link made available on or through this Web site 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 Balasubramani & Webb PLLC; Attn: Venkat Balasubramani; 8426 40th Ave SW; Seattle, WA 98136; Fax: (206) 260-3966.

    Notices:

    WhitePages may provide you notice of changes or any other matter by displaying notices to you generally through WhitePages Pro or, at its option, by using any contact information you have provided to WhitePages. You agree that notice by the foregoing means shall be deemed complete when transmitted by WhitePages. All notices to WhitePages (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to:

    WhitePages, Inc.
    Attn: Legal Department
    1301 Fifth Ave, Suite 1600
    Seattle, WA 98101

    Time Limitation on Claims and Causes of Action:

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of WhitePages Pro or the Materials must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.

    Severability:

    If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

    Governing Law, Venue:

    THIS AGREEMENT AND YOUR USE OF WhitePages Pro AND THE MATERIALS 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, WhitePages Pro OR THE 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 WhitePages Pro or the Materials. Also, WhitePages may provide the WhitePages Pro service on Web sites operated and owned by third parties. These other Web sites, products, or services may be subject to a different user agreement (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 the applicable policies and agreements when you visit any Web site or use any product or service.

    In the event that the WhitePages Pro service or the Materials are offered pursuant to a different user agreement, that 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 WhitePages Pro. 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 WhitePages Pro service. Your use of WhitePages Pro 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 WhitePages Pro 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 WhitePages Pro or the Materials.

Privacy Policy | Terms of Use
Copyright 2012 WhitePages, Inc. All rights reserved