Terms Of Service

These Terms and Conditions of Use (the "TOS") govern your ("You", "Your") use of the MY411PAGES.COM Web site (the "Site" or "Web site"). The Site is the property of My411Pages.com Inc. ("My411Pages.com") and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TOS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

My411Pages.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these TOS, at any time. Accordingly, you are solely responsible for periodically checking these TOS for revisions. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these TOS, My411Pages.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

We have a wide range of information, content or advertisements (collectively, "Content"), including but not limited to text, photographs, designs, graphics, images, sound and video recordings, animation, structure, selection, coordination, and expression, on the Site. This Content is owned, controlled or licensed by or to My411Pages.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

We provide the Content on the My411Pages.com Site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. The Content on the My411Pages.com Site may only be viewed, used, copied, and distributed for internal, noncommercial, informational purposes.

The Content on the My411Pages.com Site may not be used to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.

Except as expressly provided in these TOS, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without My411Pages.com's express prior written consent.

Your Use of the Site

You may use information on My411Pages.com products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by My411Pages.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Data mining, scraping, crawling, or using any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site is prohibited.

You agree not to exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information on any other user of or visitor to the Site, or any other customer of My411Pages.com, including but not limited to attempting to reverse look-up or trace any information to its source.

Any attempt to gain unauthorized access to any portion or feature of the Site, or to any My411Pages.com server, or any other systems or networks connected to the Site, by any other illegitimate means (including hacking or password "mining") is prohibited.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or My411Pages.com's systems or networks.

Any attempt to probe, scan or test the vulnerability of the Site (or any network connected to the Site), to breach the security or authentication measures on the Site (or any network connected to the Site) is prohibited.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these TOS, or to solicit the performance of any illegal activity or other activity which infringes the rights of My411Pages.com or others.

Purchases; Other Terms and Conditions

You understand that My411Pages.com is not a representative, broker, dealer, seller, or authorized representative of the companies that advertise on our Site. Accordingly, when you purchase goods or services from the aforementioned companies, do not send My411Pages.com any confidential or proprietary information.

You understand that except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material which you send to us will be treated as being non-confidential and nonproprietary.

We assume no obligation to protect the confidential or proprietary information you share with us (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction.

Any terms or conditions applicable for the purchase or use of any goods or services advertised by companies featured on this Site are solely under the purview and control of the company from whom the goods and services are purchased. If there is a conflict between these TOS and the aforementioned terms, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

You represent that you are of sufficient legal age to use this Site, or participate in the services or features of this Site, where applicable.

Additional terms and conditions may apply to the use of specific portions or features of the Site, all of which terms are made a part of these TOS by this reference. You agree to abide by such other terms and conditions.

We understand that some external links may produce information that some people find objectionable, inappropriate, or offensive. And while we reserve the right to disable links to or from third-party sites to our Site, including links to or from advertisers, sponsors, and/or content partners, we are under no obligation to do so.

Further, we are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any external Web sites linked to the My411Pages.com Site. You understand that we are under not obligation to screen or investigate business listing Web sites, , and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

No Endorsements Made

You understand that My411Pages.com does not and is not obligated to investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any Content posted by the companies that advertise on our Site, either before or after including their Content as part of our Site.

Any references that we make to products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the companies that advertise on our Site, or of the quality of their products or services.

Links to external Internet sites are provided within the Content on the Site as a convenience to users. The listing of an external site does not imply endorsement of the site by My411Pages.com or its affiliates. My411Pages.com does not make any representations regarding the availability and performance of its Web site or any of the Web sites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by My411Pages.com. My411Pages.com and its affiliates are not responsible for the content, functionality, or technological safety of these external sites.

Content Disclaimer

The Content on the My411Pages.com Site communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. My411Pages.com has no control over the accuracy of such Content, which may include technical inaccuracies or typographical errors.

My411Pages.com makes no guarantees, nor can we be responsible for the information on our Site, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.

All of the data placed on our Site by third party advertisers, including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the companies that advertise on our Site. You should use discretion while browsing the Internet.

My411Pages.com 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 Site. Where appropriate, we will endeavor to update information listed on the Web site on a timely basis, but shall not be liable for any inaccuracies.

Accounts, Passwords and Security

You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to immediately notify My411Pages.com of any unauthorized use of your account or password, or any other breach of security that comes to your attention. You understand that you may be held liable for losses incurred by My411Pages.com or any other user of or visitor to the Site due to someone else using your My411Pages.com ID, password or account.

The use by anyone else of your ID, password or account information at any time is prohibited. Further, using anyone else's ID, password or account information - even with their permission - is prohibited. You agree that My411Pages.com will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Use of our Site is also subject to the Terms and Conditions of our Privacy Policy. Our Site is intended for use primarily by persons 18 years or older. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Disclaimers

MY411PAGES.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. MY411PAGES.COM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) 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. MY411PAGES.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MY411PAGES.COM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MY411PAGES.COM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

This disclaimer applies to any damages, liability or injuries (caused by any failure of performance, error, omission, interruption, communication line failure, computer virus, defect, delay in operation or transmission, deletion (inadvertent or otherwise), theft or destruction of, alteration of, or unauthorized access to, or use of any property), whether for breach of contract, tort, negligence or any other cause of action.

MY411PAGES.COM 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 PROVIDED BY OR THROUGH THE SITE.

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 MY411PAGES.COM BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE 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 MY411PAGES.COM ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. MY411PAGES.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE 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.

Indemnity

You agree to indemnify and hold us and any parent companies, 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 TOS, 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 these TOS.

Violation of These TOS

My411Pages.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) My411Pages.com's rights or property, or the rights or property of visitors to or users of the Site, including My411Pages.com's customers. My411Pages.com reserves the right at all times to disclose any information that My411Pages.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. My411Pages.com also may disclose your information when My411Pages.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that My411Pages.com may preserve any transmittal or communication by you with My411Pages.com through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or My411Pages.com determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these TOS, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of My411Pages.com, its employees, users of or visitors to the Site, and the public.

You agree that My411Pages.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these TOS or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these TOS will constitute an unlawful and unfair business practice, and will cause irreparable harm to My411Pages.com, for which monetary damages would be inadequate, and you consent to My411Pages.com obtaining any injunctive or equitable relief that My411Pages.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies My411Pages.com may have at law or in equity.

You agree that My411Pages.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If My411Pages.com does take any legal action against you as a result of your violation of these TOS, My411Pages.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to My411Pages.com. You agree that My411Pages.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these TOS.

Governing Law; Dispute Resolution

Your use of this Site indicates your agreement that these TOS will be governed by and construed in accordance with the laws of the State of Texas, 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 Denton County, Texas and waive any objection to such jurisdiction or venue. You agree to exclude, in its entirety, the application to these TOS of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws.

You further agree that any claim under these TOS must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If for any reason a court of competent jurisdiction finds any provision or portion of the TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.

These TOS constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these TOS. My411Pages.com will not accept any counter-offers to these TOS, and all such offers are hereby categorically rejected.

My411Pages.com's failure to insist on or enforce strict performance of these TOS shall not be construed as a waiver by us of any provision or any right we have to enforce these TOS, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these TOS. Any waiver of any provision of the TOS will be effective only if in writing and signed by both you and My411Pages.com. We reserve the right to investigate complaints or reported violations of these TOS and to take any action we deem necessary and appropriate.

Last updated June 2, 2009.