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Terms of Use

YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("YOU" or "YOUR") and the INDUSTRY PROVIDER (also "WE," "US," or "OUR") that governs YOUR use of the tollfreeda.com site ("WEBSITE"). When YOU access or use this WEBSITE in any way YOU agree to be bound by these terms and conditions ("TERMS").

WEBSITE INFORMATION: The information for the toll free number listings accessed on or through this WEBSITE (the "INFORMATION") is created and provided by entities who reserve, obtain and maintain toll free numbers for their own customers (each such entity known as a "Responsible Organization" or "RESPORG"). The RESPORGs provide the INFORMATION to the Toll Free Directory Assistance provider* (the "INDUSTRY PROVIDER"). RESPORGs are solely responsible for the accuracy, legality, legitimacy, validity and reliability of the INFORMATION. The INDUSTRY PROVIDER does not investigate, represent, endorse or control the accuracy, legality, legitimacy, validity or reliability of the INFORMATION. The INFORMATION may include technical inaccuracies or typographical errors. INDUSTRY PROVIDER makes no guarantees and is not responsible for any defects in the INFORMATION, including currency, content, quality, copyright compliance or legality, nor is it responsible for any resulting loss or damage.

CHANGES: WE may periodically change the TERMS and the WEBSITE without notice, and YOU are responsible for checking the TERMS periodically for revisions. All amended TERMS become immediately effective upon OUR posting to the WEBSITE, and any use of the WEBSITE after such revisions have been posted signifies YOUR consent to the changes.

HOW YOU MAY USE OUR INFORMATION: WE provide the INFORMATION on the WEBSITE FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. Accordingly, YOU may view, use, copy, and distribute the INFORMATION found on the WEBSITE FOR INTERNAL, NON-COMMERCIAL, INFORMATIONAL PURPOSES ONLY.

YOU ARE PROHIBITED FROM DATA MINING, SCRAPING, CRAWLING, OR USING ANY PROCESS OR PROCESSES THAT SEND AUTOMATED QUERIES TO THE WEBSITE. YOU MAY NOT USE THE WEBSITE TO COMPILE A COLLECTION OF LISTINGS, INCLUDING A COMPETING LISTING PRODUCT OR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY SUCH PROHIBITED PRACTICE, OR THE USE OF THE WEBSITE TO ANY EXTENT WHATSOEVER TO COMPILE A COLLECTION OF LISTINGS FOR A COMPETING LISTING PRODUCT OR SERVICE, SHALL CAUSE ACTUAL AND IRREPARABLE HARM AND INJURY TO INDUSTRY PROVIDER.

YOU may not use the WEBSITE or any INFORMATION for any unsolicited commercial e-mail. Except as authorized in these TERMS, YOU are not being granted a license under any copyright, trademark, patent or other intellectual property right in the INFORMATION. All such rights are retained by the INDUSTRY PROVIDER, the RESPORGs, and/or their subsidiaries, parent companies, and/or any third party owner of such rights.

INDUSTRY PROVIDER reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the WEBSITE. Where appropriate, WE will endeavor to update information listed on the WEBSITE on a timely basis, but shall not be liable for any inaccuracies.

WARRANTY DISCLAIMER: THE WEBSITE AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. INDUSTRY PROVIDER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE AND INFORMATION, INCLUDING NUMBERS. INDUSTRY PROVIDER DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

INDUSTRY PROVIDER DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS OR ANY INFORMATION PROVIDED BY OR THROUGH THE WEBSITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY: IN NO EVENT SHALL INDUSTRY PROVIDER BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE WEBSITE OR THE INFORMATION FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING THE NEGLIGENCE OF INDUSTRY PROVIDER OR ANY OF ITS AFFILIATES OR ANY THIRD PARTY) OR OTHER THEORY, EVEN IF INDUSTRY PROVIDER IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE WEBSITE, THE INFORMATION OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED THROUGH OR BY VIRTUE OF THE WEBSITE OR THE INFORMATION. INDUSTRY PROVIDER DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE WEBSITE OR INFORMATION, NOR FOR ANY CLAIM RESULTING FROM THE USE OF THE WEBSITE OR INFORMATION, INCLUDING OTHER WRITTEN OR ORALLY TRANSMITTED MATERIAL ACCESSIBLE FROM OR ACCESSED BY VIRTUE OF THE WEBSITE OR THE INFORMATION.

THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE INFORMATION AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

MONITORING OF NUMBERS TRANSMITTED BY YOU: Changes may be periodically incorporated into this WEBSITE. INDUSTRY PROVIDER may make improvements and/or changes in the products, services and/or programs described in this WEBSITE and the INFORMATION at any time without notice.

WE are under no obligation to monitor the material residing on or transmitted to this WEBSITE. However, anyone using this WEBSITE agrees that INDUSTRY PROVIDER may monitor the WEBSITE contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the WEBSITE properly or to protect itself and its users. INDUSTRY PROVIDER reserves the right to modify, reject or eliminate any material residing on or transmitted to its WEBSITE that it, in its sole discretion, believes is unacceptable or in violation of the law or these TERMS.

INDEMNIFICATION: YOU agree to indemnify and hold US and (as applicable) OUR parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of YOUR breach of these TERMS, YOUR violation of any law, or YOUR violation of the rights of a third party, including the infringement by YOU of any intellectual property or other right of any person or entity. These obligations will survive any termination of the TERMS.

INTELLECTUAL PROPERTY: WE do not make it OUR responsibility to monitor the use of trademarks, copyrights or other rights of third parties.

MISCELLANEOUS: These TERMS constitute the entire agreement between YOU and INDUSTRY PROVIDER and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these TERMS. INDUSTRY PROVIDER's failure to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision. If any provision of these TERMS shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TERMS and shall not affect the validity and enforceability of any remaining provisions.

These TERMS shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. YOU agree that any legal action or proceeding between INDUSTRY PROVIDER and YOU for any purpose concerning these TERMS or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this agreement. INDUSTRY PROVIDER may assign its rights and duties under this agreement to any party at any time without notice to you.

YOUR rights and duties under these TERMS are not assignable by YOU without written consent of INDUSTRY PROVIDER. These TERMS do not provide any third party with a remedy, claim, or right of reimbursement. YOU must file any claim or suit related to OUR WEBSITE within one year after it arises. YOU agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are specifically DISCLAIMED and do not apply to these TERMS.

YOU are responsible for compliance with applicable laws. INDUSTRY PROVIDER reserves the right to investigate complaints or reported violations of these TERMS and to take any action WE deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, WE may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted INFORMATION, IP addresses and traffic information. INDUSTRY PROVIDER reserves the right to seek all remedies available at law and in equity for violations of these TERMS; and, YOU agree that if INDUSTRY PROVIDER takes any such action, it shall be entitled to recovery of its costs, including attorneys fees.

November, 2008

 

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