By electing to opt-in as a registered subscriber of the ATT411 TEXT service, you consent to receiving, from time to time, SMS text messages from YELLOWPAGES.COM and Selected Advertisers subject to these Terms. Please be aware that carrier rates for phone, data and text messaging will apply to all such communications and you are responsible for any such charges. We encourage you to carefully read these Terms prior to completing your registration or using the Service.
YELLOWPAGES.COM (" YELLOWPAGES.COM ", " we ", " us " or " our ") will provide you (" you " or " your ") the ATT411 TEXT Service (the " Service ") subject to the terms of this legal agreement. To use the Service (defined below), you must first agree to and accept this ATT411 TEXT Terms of Service and Use Agreement (" Terms "). Your decision to opt-in and register to use the Service shall constitute your agreement to the Terms and your obligation to comply with the requirements and obligations set forth herein. Your use of the Service is, at all times, subject to all the Terms.
By registering for and using the Service you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with YELLOWPAGES.COM and are not otherwise prohibited from using or receiving the Service pursuant to the laws of the jurisdiction from which you are accessing or using the Service. If you are not able to make the representations in the preceding sentence you are prohibited from using the Service, however, any unauthorized use of the Service by you shall be subject to these Terms until such unauthorized use has been terminated.
We recommend that you retain a copy of these Terms in either electronic or tangible format for your subsequent reference. If you would like a printed copy of these Terms, it is your responsibility to use the print function available to you by means of your personal technology resources.
We may periodically modify and supplement these Terms and the notice provided to you will be via a text message sent to you from us notifying you to view the updated terms online. All amended Terms become effective upon our posting of the amended Terms at http://yp.com/288411 (the " Website "), which you will be notified via text message to view, and any use of the Service after such revisions have been posted signifies your consent and agreement to the modified Terms.
The Service will allow users that voluntarily opt-in and register to receive SMS text-based communications concerning offers, promotions and discounts, together with related contact information (collectively, " ATT411 TEXT Communications "), from certain of our third party advertisers that are specifically selected by you (each, a " Selected Advertiser "). To register for the Services for a Selected Advertiser, you must send an opt-in SMS text message to us at ATT411 (288411) with the Selected Advertiser's phone number or other required information (" Registration "). Upon our receipt and acceptance of your ATT411 TEXT Registration, you will receive an auto-reply SMS text message confirming your ATT411 TEXT Registration for the Selected Advertiser together with a separate SMS text message request to opt-in to receive additional ATT411 TEXT Communications from the Selected Advertiser and another separate SMS text message request to opt-in to receive ATT411 Text Communications from YELLOWPAGES.COM concerning the Service and/or YELLOWPAGES.com promotions. You will not receive any ATT411 TEXT Communications concerning any Selected Advertisers or YELLOWPAGES.COM unless you affirmatively opt-in to receive such communications. If you opt-in to receive ATT411 TEXT Communications from a Selected Advertiser, you will receive a maximum of three (3) ATT411 TEXT Communications concerning each such Selected Advertiser per calendar month. If you opt-in to receive text SMS text communications from YELLOWPAGES.COM, you will receive a maximum of one (1) such text communication from YELLOWPAGES.COM per calendar month.
You hereby acknowledge and understand that YELLOWPAGES.COM receives compensation from all Selected Advertisers in connection with the provision of the Service.
From time to time and without prior notice to you, we may change, expand and improve the Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service, which may include the removal or addition of any vendor clients or advertisers. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Service does not entitle you to the continued provision or availability of the Service. If you object to any such changes, your sole recourse shall be to cease using the Service. Continued use of the Service following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Service as so modified.
To use the Service, you must maintain an active account with a participating mobile carrier (" Carrier ") that supports SMS text communications to and between mobile devices.
Unless expressly noted, the Service is offered by YELLOWPAGES.COM without charge to you. You are liable for any mobile phone, data and text messaging charges incurred as a result of using the Service. Please consult your Carrier's pricing plan to determine the fees associated with sending and receiving SMS text messages. YELLOWPAGES.com shall only send standard text messages to you and no premium text messages will be sent to you by us. At no time will YELLOWPAGES.COM solicit any type of payment, such as a bank account number or credit card information, from you user via SMS text messaging.
You agree to pay all fees and amounts charged by your Carrier in connection with your use of the Service. You acknowledge and agree that all such rates depend on the applicable Carrier and your personal subscription package with that Carrier.
By using the Service, you agree that you will not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service. You agree to advise YELLOWPAGES.COM promptly of any such unauthorized use(s) or attempt(s). You acknowledge and agree that the Service is for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Service or any ATT411 TEXT Communications or portion thereof. YELLOWPAGES.COM is not liable for any claims, actions, damages, or other liability incurred as a result of any unauthorized use of the Service, and you agree to be fully liable for any such unauthorized access.
You are under no obligation to use or continue to use the Service and may temporarily or permanently cease using the Service or cancel your ATT411 TEXT Registration without prior notice to YELLOWPAGES.COM. To instantly stop receiving ATT411 TEXT Communications, send a SMS text message to us at ATT411 (288411) and text the word "STOP." If you are only subscribed to receive ATT411 TEXT Communications concerning one Selected Advertiser, you will be automatically unsubscribed from all future ATT411 TEXT Communications concerning that Selected Advertiser and YELLOWPAGES.COM. If you are registered to receive ATT411 TEXT Communications concerning more than one Selected Advertiser, your "STOP" message will function as an opt-out from all future ATT411 TEXT Communications concerning the Selected Advertiser referenced in the last ATT411 TEXT Communication that you received from us. Following your submission of any ATT411 TEXT Registration cancellation, you will receive an auto-reply SMS text message from us confirming such cancellation together with detailed information instructing you how to cancel any additional ATT411 TEXT Registrations that remain in good standing.
Any and all intellectual property rights associated with the Service, including any design, text, graphics, pictures, applications, software, music, sound, and other files related thereto, including, without limitation, the "ATT411 TEXT" service mark and the YELLOWPAGES.COM company names and logos and all related products and service names, design marks and slogans, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (collectively, the " Intellectual Property "), are the sole property of YELLOWPAGES.COM, its wholly-owned subsidiaries, affiliates, or third parties. Except as expressly and unambiguously provided herein, you do not possess, and YELLOWPAGES.COM does not grant to you, any express or implied rights to any Intellectual Property and all such rights are retained by YELLOWPAGES.COM, its subsidiaries, parent companies, affiliates and/or any third party owner of such rights. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of or access to the Service.
The Service is available on the following US carriers only: (each, a " Carrier ")
All content contained in the ATT411 TEXT Communications is created and provided by the applicable Selected Advertisers. We do not investigate, confirm or endorse the accuracy, legality, legitimacy, validity or reliability of any such ATT411 TEXT Communications, including, without limitation, any of the products, services, offers, deals, coupons or other promotional materials or representations contained or referenced therein, or otherwise communicated to you or accessed by you. The websites or other sites to which you may link or be directed to from the ATT411 TEXT Communications are owned by Selected Advertisers or other third parties, not YELLOWPAGES.com. It is your responsibility to monitor when you have accessed a link to a website or other site that is not part of the ATT411 TEXT Communication and YELLOWPAGES.com does not undertake any obligation to expressly notify you when you are linking to a website or other site belonging to a Selected Advertiser or other third party.
YELLOWPAGES.COM makes no representations or warranties whatsoever concerning (1) any Selected Advertiser, (2) any products or services advertised or sold by any Selected Advertiser (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (3) any offers, deals, coupons or other promotional materials or representations contained or referenced in any ATT411 TEXT Communication. Any commercial, sales, use, membership, subscription, affiliation, participation, and promotional relationship you may create with any Selected Advertiser, including obligations undertaken by you with respect to payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such Selected Advertiser.
You hereby acknowledge and agree that any coupons, certificates or other promotional offers (each, an " Offer ") contained in any ATT411 TEXT Communication shall be subject to the applicable laws and regulations of your jurisdiction of residence and the terms, conditions and restrictions associated with such Offers, including, without limitation, all restrictions relating to the reproduction, duplication, sale or other transfer of such Offers.
Any use of the Service and/or reliance upon any ATT411 TEXT Communication shall be at your sole risk. YELLOWPAGES.COM disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of any ATT411 TEXT Communication and any information contained therein.
THE SERVICE (INCLUDING ALL ATT411 TEXT COMMUNICATIONS ACCESSIBLE THEREBY) IS 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. YELLOWPAGES.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SERVICE AND ALL ATT411 TEXT COMMUNICATIONS. YELLOWPAGES.COM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICE WILL BE UNINTERRUPTED. You acknowledge and agree that the availability of SMS text messaging and your ability to use the Service is on an "AS IS" and "AS AVAILABLE" basis. You acknowledge that delivery of SMS messages is not guaranteed. You acknowledge that the Service may differ depending on the Carrier with whom you maintain an account and such Carrier's ability to support the Service. YELLOWPAGES.COM is not responsible for the act or omission of any Carrier, any limitations imposed by such Carrier, or such Carrier's ability or inability to support the Service. In the event your Carrier fails to deliver any communication to YELLOWPAGES.COM, due to, but not limited to, mobile network failure or non-compatibility of your phone model with the Service, you acknowledge and agree that YELLOWPAGES.COM shall not be liable for any loss or damage. In addition and without LIMITATION, in no event will YELLOWPAGES.COM be liable for any error by you in using the Service, including submission of a message to an incorrect number or short code.
YELLOWPAGES.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES OBTAINED THROUGH OR ADVERTISED BY OR THROUGH THE SERVICE AND/OR ANY ATT411 TEXT COMMUNICATION.
NEITHER YELLOWPAGES.COM, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SERVICE, (2) THE NATURE, CONTENT OR ACCURACY OF ANY ATT411 TEXT COMMUNICATION OR ANY INFORMATION OR OFFERS CONTAINED IN, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE SERVICE OR ANY ATT411 TEXT COMMUNICATION, OR (3) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION, MATERIAL OR OFFER COMMUNICATED IN OR THROUGH THE SERVICE OR ANY ATT411 TEXT COMMUNICATION.
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 AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
IN NO EVENT SHALL YELLOWPAGES.COM BE LIABLE TO YOU ON ACCOUNT OF YOUR USE, MISUSE OR RELIANCE ON THE SERVICE OR ANY ATT411 TEXT COMMUNICATION 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 NEGLIGENCE) OR OTHER THEORY, EVEN IF YELLOWPAGES.COM IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICE, (2) RELIANCE UPON OR PERFORMANCE OF ANY INFORMATION, MATERIAL OR OFFER CONTAINED IN OR ACCESSED FROM THE SERVICE OR ANY ATT411 TEXT COMMUNICATION; OR (3) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION, MATERIAL OR OFFER IN OR THROUGH THE SERVICE OR ANY ATT411 TEXT COMMUNICATION.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR IF IT IS OTHERWISE DEEMED UNENFORCEABLE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY 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.
You agree to indemnify and hold us and, as applicable, our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of: (a) your breach of any representation, warranty, covenant or obligation set forth in these Terms (or any other violation of your agreement with YELLOWPAGES.COM on the basis of the Terms); (b) 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; or (c) viruses, trojan horses, worms, time bombs, cancelbots, spyware, or any other similar harmful programming routines input you into the Service.
The foregoing indemnity obligations will survive any termination of the Terms.
YELLOWPAGES.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section. You agree not to settle any matter subject to the forgoing indemnification obligations without the express consent and approval of Yellowpages.com.
We may terminate this Agreement, or terminate or suspend your access to the Service, at any time, with or without notice or cause. Upon termination or suspension, your right to access and use the Service will immediately cease. We may discontinue, temporarily or permanently, the Service, with or without notice.
YELLOWPAGES.COM reserves the right to seek any and all remedies available at law or in equity in connection with a violation of these Terms.
You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.
Nothing in these Terms is intend to confer upon you or any third parties any rights, remedies, or benefits not otherwise expressly conferred. Your use of the Service does not create any partnership, agency, joint venture, fiduciary or other similar relationship between YELLOWPAGES.COM and you.
You may not assign these Terms or otherwise transfer this Agreement, in whole or in part; any attempt to do so shall be void.
If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, the provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect and remain fully enforceable.
You are responsible for compliance with applicable laws, regulations and ordinances related to your use of the Service. Your compliance with applicable laws is not limited to jurisdictions within the United States (including US Federal law) but also the laws, regulations and ordinances of any jurisdiction from which you use the Service.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in Los Angeles County, California. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.
All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of resident in the United States, or, if you reside outside the United States, under the laws of the country in which the subject Sites are directed.
Any notices required to be given under these Terms shall be given in writing and shall be delivered to the following address:
YELLOWPAGES.COM LLC dba AT&T Interactive
Attn: Legal Department
611 N. Brand Blvd. Floor 5
Glendale, CA 91203
Except as expressly stated herein, the Terms along with the Terms of Service and Use Agreement of YELLOWPAGES.COM (only where applicable) constitute the entire agreement between you and YELLOWPAGES.COM with respect to the Service, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and YELLOWPAGES.COM with respect to the Service and/or the subject matter of these Terms.
Any waiver of any provision of the Terms will be effective only if in writing and signed by you and YELLOWPAGES.COM. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
These Terms were last modified and effective as of September 1, 2010.
© 2010 AT&T Intellectual Property. All rights reserved. AT&T, AT&T logo and all AT&T related marks are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies.
All other marks are the property of their respective owners.