WhitePages PRO Terms of Service
LAST REVISION: October 15, 2012
Welcome to WhitePages PRO. WhitePages, Inc. (“WhitePages,” “we,” or “us”) provides the WhitePages PRO service, including any data and this web site (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”).
1. WEB LOOKUP SPECIFICS
WhitePages PRO Web Lookup 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.
WhitePages PRO Web Lookup 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.
WhitePages PRO Web Lookup Billing and Payment:
Upon signing up for a plan, you will be asked to provide billing 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 Web Lookup 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 Web Lookup 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 Web Lookup 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 Web Lookup 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.
WhitePages PRO Web Lookup Cancellation and Refunds:
You may cancel your monthly subscriptions at any time by logging into your account; 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 Web Lookup service are not refundable.
2. PRO SERVICE GENERALLY
Limited License Grant.
WhitePages PRO is proprietary to WhitePages and its affiliates or licensors and is 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 (i) access WhitePages PRO in order to run queries, and (ii) use the resulting data for (a) non-commercial purposes or (b) the limited commercial purposes of confirming the accuracy of, or validating, contact information provided by individuals or businesses and obtaining contact information for individuals or businesses. WhitePages and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.
General Use Restrictions.
You shall not:
- retain, store or cache any data for any reason, if you are not the end user;
- display the data so that it appears to be derived from a third-party web site;
- falsify or alter any unique identifier in or assigned to you, or otherwise obscure or alter the source of queries;
- reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of WhitePages PRO;
- violate or attempt to violate the security of WhitePages PRO;
- transmit or otherwise make available any material that contains software virus or any other computer code, files, or programs designed to: (a) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (b) spy on the activities of others;
- provide the data other than in response to an individual query (i.e., you may not provide the data in bulk format);
- aggregate or otherwise combine Data from individual queries for any reason;
- use the Data other than on an “as is” basis and pursuant to the terms of this Agreement;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Data, or permit any third party to do the same;
- transfer the Data without verification, confirmation, audit, enhancement, update, merger or other modification to Comcast, TimeWarner, Cox Communications, Charter, MetroPSC, Brighthouse, Cablevision or Verizon, including any commonly owned companies or alias of such companies, for caller name services (meaning providing a calling party name for display on a consumer device during a communication session initiated by the calling party);
- knowingly and intentionally provide the Data, in whole or in part, to Accudata, Acxiom, Allant, Anchor, CBCInnovis, Donnelly Marketing, eBureau, Epsilon, Equifax, Experian, FirstData, Harte-Hankes, Inferenda, Infutor, Intelius, InfoGroup/InfoUSA, Knowledgebase Marketing, LexisNexis, LocatePLUS, Merkle, R.L. Polk, Riskwise, TLO, Trans Union, Transaction Network Services, Volt Data Resources/LSSI, West/Thomson or any commonly owned companies or aliases of such companies.
Data Use Restrictions.
The end user of the data (whether it is you or your customers) may not:
- use the Data for marketing purposes except to respond to an inquiry, application, purchase or transaction;
- publish, offer, sell, license, transmit, distribute, or reproduce the data via any means;
- use the data in violation of any applicable law, rule, or regulation (e.g., the Telephone Consumer Protection Act, the Fair Credit Reporting Act) or in violation of any third party right;
- violate, if applicable, the requirements regarding registration, certification and payment in connection with access to and use of the National Do Not Call Registry;
- store the data for purposes other than its own internal business purposes (storage of the data for resale is expressly prohibited);
- cache the data to avoid additional queries;
- merge the data with databases or compilations for purposes other than its own internal business purposes;
- use the data for file download online in a fixed page format.
If you are not the end user of the data, you shall communicate to the end users the Data Use Restrictions above and obtain their agreement via a click-wrap, browse-wrap agreement or written agreement. WhitePages shall be a third party beneficiary of such agreements and shall have the right to enforce such agreements. You shall not make any representations or warranties to the end users about WhitePages PRO. In the event that you become aware of any misuse by an end user, you shall promptly notify WhitePages and take commercially reasonable actions to remedy such misuse.
Do Not Call Information.
In order to access the National Do Not Call Registry, you must either (a) have registered, paid all applicable fees, agreed to the certification requirements, and obtained your own subscription access number or (b) be registered as an “Exempt Organization” by the Federal Trade Commission and Federal Communications Commission. For more information, please visit https://www.donotcall.gov/.
Representations and Warranties.
You represent and warrant that (a) your performance under this Agreement and use of WhitePages PRO shall comply with all applicable laws, rules and regulations (including, without limitation, provisions of the Telephone Consumer Protection Act and Telemarketing Sales Rule pertaining to the National Do Not Call Registry, as applicable) and shall not violate any third party rights; (b) you are authorized to enter into this Agreement; (c) entry into this Agreement shall not violate any outstanding obligation you have to any third party; (d) you shall use WhitePages PRO strictly in accordance with the limitations set forth in this Agreement and (e) you (1) have registered, paid all applicable fees, agreed to the certification requirements, and obtained your own subscription access number for the National Do Not Call Registry or (2) are registered as an “Exempt Organization” by the Federal Trade Commission and Federal Communications Commission.
Billing and Payment.
WhitePages PRO is made available at the pricing as noted separately on the website for each access method. You may be prompted to (a) complete the necessary registration information including your credit card information, or (b) contact WhitePages via telephone at 1-800-336-1327 to complete your registration and provide your pertinent billing information. If your payment plan requires credit card payments, WhitePages will charge the fees to your credit card as you use WhitePages PRO. WhitePages accepts American Express, Visa, MasterCard or Discover. If, at any time thereafter, you fail to pay any amount when due or are otherwise in breach or default under this Agreement, WhitePages may, in its sole discretion, and without prejudice to its other rights, immediately terminate your use of WhitePages PRO. Late payments hereunder will accrue interest at the rate of one and one half percent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower.
Term and Termination.
WhitePages will provide WhitePages PRO to you for a thirty (30) day period from the date you first order the service (the “Term”), unless earlier terminated as set forth below. WhitePages may terminate this Agreement at any time, for any reason. Further, WhitePages may terminate this Agreement effective immediately in the event you breach any obligation hereunder. You may terminate this Agreement by giving thirty (30) days’ notice prior to the conclusion of the Term and such termination will take effect at the conclusion of the Term. In order for your termination to be effective, you must provide written/e-mail notice to WhitePages. WhitePages will cease charging your credit card (as applicable) if no fees are owed to WhitePages, upon the effective date of the termination.
If WhitePages terminates your WhitePages PRO account for reasons other than breach, you will receive, within ninety (90) days of termination, a refund for any account credit net of any amounts due. If your account is terminated for breach hereunder, you will not receive any refund for payments already made by you as of the date of termination and you will bear all costs of such termination, including any reasonable costs WhitePages incurs in closing your account. You will pay any and all costs incurred by WhitePages in enforcing your compliance with this section including attorneys’ fees. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. WhitePages may delete all or part of the information related to you that has been uploaded or otherwise delivered to WhitePages in connection with your use of WhitePages PRO.
In order to access WhitePages PRO, 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 or continuing to use WhitePages PRO. 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.
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.
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.
4. DISCLAIMER, LIMITATION OF LIABILITY, INDEMNIFICATION
WHITEPAGES PRO IS 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 AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING WHITEPAGES PRO.
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.
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 WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT WHITEPAGES PRO WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT WHITEPAGES PRO WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY DATA OR 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 IS 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, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN WHITEPAGES PRO, (II) ANY USE OR INABILITY TO USE WHITEPAGES PRO 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 EXCEED ANY COMPENSATION YOU PAY TO WHITEPAGES FOR ACCESS TO OR USE OF WHITEPAGES PRO.
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 WhitePages PRO 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. 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.
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 website. 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 websites or resources.
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.
WHITEPAGES, WHITEPAGES.CA, ADDRESS.COM, PHONENUMBER.COM, 411.COM, and other WhitePages graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of WhitePages or its affiliates in the U.S. and/or other countries. WhitePages’ trademarks and trade dress may not be used in connection with any product or service that is not WhitePages’ in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WhitePages. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.
Notification of Claimed Infringement.
WhitePages strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the Materials available on or through the Offerings infringes upon any copyright you own or control, or that any link made available on or through the Offerings directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an “Infringement Notice”). An Infringement Notice must be in writing (sent by fax or regular mail – not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.
To expedite our ability to process an Infringement Notice, please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you believe is being infringed;
- A description of the location of the material that you believe is infringing the copyrighted work;
- Your contact information (please include your address, telephone number, and email address);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf.
Sign the Infringement Notice and send the written communication to:
Focal PLLC Attn: Venkat Balasubramani 800 Fifth Avenue Suite 4100 Seattle, WA 98104 Fax: (206) 260-3966
WhitePages may provide you notice of changes or any other matter by displaying notices to you generally through 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 must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
Governing Law, Venue.
THIS AGREEMENT AND YOUR USE OF WHITEPAGES PRO SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON 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 ANY WHITEPAGES SERVICE. 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. 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 is 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.