Updated May 30, 2013.
Please read this agreement carefully. This is a binding contract.
1. Dex One's proprietary rights and permitted use
The websites and all portions thereof, including all content therein, are the sole and exclusive property of Dex One and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the websites or such content, or use the websites or access the websites other than as expressly authorized by Dex One in writing. Use of the websites in any way not expressly permitted by this Agreement is prohibited and may be actionable under United States or international law. Use of the websites to solicit or market to businesses that appear on the websites is strictly prohibited.
So long as you agree and comply with the terms of this Agreement and unless this Agreement is otherwise terminated by Dex One, you are permitted to view and use a single copy of the websites for your personal, non-commercial use, provided, however, that you may not publish, modify, distribute, perform, or create derivative works from or further duplicate any part of the websites unless expressly authorized by Dex One in writing. You agree that you will not remove or modify any acknowledgements, credits, or legal notices contained on the websites.
You hereby acknowledge and agree that, as between Dex One and you, all right, title, and interest in and to the websites, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Dex One.
You agree not to access the websites by any means other than through the interface that is provided by Dex One. You further agree that you will not collect any information from or through the websites using any automated means, including, without limitation, any script, spider, "screen scraping," or "database scraping" application. You will not damage, disable, overburden, or impair the websites or interfere with any other party's use and enjoyment of it. If Dex One makes software available to you for download, your download and use of such software shall be subject to a separate license agreement.
2. User contributions to the websites
Dex One provides users, including Dex One advertisers, with opportunities to contribute to the websites. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, and other content posted by you on the websites (collectively, the "User Content"), whether publicly posted or privately transmitted, are your sole responsibility and that you are solely and exclusively responsible for all such User Content. By posting, providing, or otherwise making available any User Content, you hereby grant to Dex One and its affiliates a perpetual, worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute, and create derivative works from such User Content in any form in any medium and Dex One may sublicense all or part of its rights under this license or assign them to third parties. You waive all moral rights with respect to any User Content. You also represent and warrant that: (i) you own the content posted by you on or through the websites or otherwise have the right to grant the license set forth in this section, (ii) your posting of the content on or through the websites does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person, and (iii) your posting of the User Content is in compliance with the Code of Conduct and the Editorial Policies. You further agree that Dex One is free to use any ideas, know-how, concepts, techniques, or other materials you send us for any purpose.
You acknowledge that Dex One reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any User Content that is contributed to the websites. Without limiting the foregoing, Dex One shall have the right to remove any User Content that violates this Agreement (including without limitation the Code of Conduct) or is otherwise objectionable as determined in Dex One's sole and absolute discretion. You acknowledge that Dex One does not verify, adopt, ratify, or sanction User Content and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. Dex makes no representations that any User Content is accurate, complete, or unedited.
Your conduct in connection with the websites is governed by Dex One's Code of Conduct, which is hereby incorporated herein by this reference. If you discover materials on the website that violate this Agreement, including without limitation the Code of Conduct, please notify us at firstname.lastname@example.org.
You agree to indemnify, defend, and hold Dex One, its subsidiaries, affiliates, officers, agents, service providers, co-branders, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) user content you submit, post to, or transmit through the websites, (b) your use of the websites, including without limitation the DexKnows.com Free Tools, or (c) your violation of this agreement or any applicable laws or your violation or alleged violation of the rights of any third party.
4. Links to other websites and search results
The websites may contain links to websites operated by other parties. Dex One or Dex One's advertisers provide these links to other websites as a convenience and your use of these sites is at your own risk. The linked sites are not under the control of Dex One and Dex One is not responsible for the content available on these third-party sites. Such links do not imply Dex One's endorsement of information or material on any other site and Dex One disclaims all liability with regard to your access to and use of such linked websites.
The websites may provide search results that include third party content and references to third-party goods or services. You acknowledge and agree that such third-party content belongs to Dex One's advertisers and that Dex One has no control over such content or the information contained therein. References to third-party goods or services do not imply Dex One's endorsement of those goods or services and Dex One disclaims all liability with regard to your access to and use of such material.
5. Links to the websites or Dex One content, including use of the DexKnows.com Free Tools
Unless otherwise set forth in a written agreement between you and Dex One, your linking to the websites, including without limitation your use of the DexKnows.com Free Tools (collectively, the “Link”), is subject to the following: (i) the appearance, position, and other aspects of the Link may not be such as to damage or dilute the reputation of Dex One, including without limitation the posting of the Link on the same website as, or in a manner that associates Dex One or its related brands with any content of a sexual, pornographic, illegal, violent, discriminatory, offensive, threatening, misleading, or abusive nature; (ii) the appearance, position, and other attributes of the Link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Dex One; (iii) when selected by a user, the Link must display the websites on full-screen and not within a frame on the linking website; and (iv) Dex One reserves the right to revoke its consent to the Link at any time and in its sole discretion. This paragraph applies to links to any page on the websites and/or any content available on or through the websites, including, without limitation, any Dex One widget. Dex One and its affiliates, as applicable, retain all of the rights in the Links and the content in the Links, including without limitation trademarks. You are not allowed to alter the Links or any of the associated content. Any use of Dex One's trademarks, content, or Links inures solely to Dex One and its affiliates' benefit. YOU ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE LINK AS WELL AS THE USE OF THE LINKS BY VISITORS TO YOUR WEBSITE.
The Dex One® name and logo and Dex®, Dex One®, DexKnows®, DexKnows.com®, How Findable Are You?™ and all other related product and service names, slogans and logos are trademarks/service marks of Dex One or one of its affiliates and are protected by trademark laws of the United States and other countries. Unauthorized use of any Dex One trademark, service mark, or logo may be a violation of federal and state trademark laws. All other trademarks and service marks are third-party trademarks or service marks and are the property of their respective owners and cannot be used without permission. Third-party trademark references herein do not constitute or imply affiliation, endorsement, or recommendation of Dex One or its affiliates by the respective trademark owners.
7. Communications with third parties
Your dealings or communications through the websites with any party other than Dex One are solely between you and that third party. Under no circumstances will Dex One be liable for any goods, services, resources, or content available through such third party dealings or communications or for any harm related thereto.
8. No professional advice
You acknowledge that Dex One does not provide professional advice and you agree that you will not use the websites as a substitute for or supplement to advice from a qualified professional, whether they be a financial, legal, or other professional.
9. Modifications to sites
Dex One reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the websites or any portion thereof with or without notice. You agree that Dex One shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the websites.
10. Suspension and/or termination rights
Dex One reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Agreement, your registration for any program, your ability to access the websites, and/or your ability to remove any User Content for any reason, including, without limitation, any breach by you of this Agreement or conduct by you that Dex One determines in its sole and absolute discretion to be inappropriate. You agree that Dex One shall not be liable to you or any third party for any such suspension or termination.
11. Notice of claims for copyright infringement: copyright policy
If you are a copyright owner or agent thereof and believe that content posted on the websites by one of our users infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, (b) a description of the copyrighted work that you claim has been infringed, (c) the URL of the location on our websites containing the material that you claim is infringing, (d) your address, telephone number, and email address, (e) 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 (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached at:
ATTN: ASSISTANT GENERAL COUNSEL
1001 Winstead Drive
Cary, NC 27513
13. Wireless access and SMS (Send to Phone feature)
You acknowledge that, depending on your wireless data plan, your wireless company may impose fees in connection with your wireless access or use of the websites and you agree that you are solely responsible for such fees.
Similarly, by using the Send to Phone feature, you or the recipient of your message may incur SMS, data, and/or messaging fees (“Msg&Data Rates May Apply”), and you agree that you are solely responsible for such fees. To opt out of receiving SMS messages at any time, text STOP to 339669. To receive more information, text HELP to 339669. Not all handset models are supported. Supported carriers may include AT&T, Boost Mobile, Cellcom, Cellular South, Dobson/Cellular One, Nextel, nTelos, Sprint, Suncom, T-Mobile, U.S. Cellular, Verizon Wireless, Virgin Mobile.
15. Password and security
You may receive a password and account designation upon completing the websites registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Dex One of any unauthorized use of your password or account or any other breach of security and (b) log out of your account at the end of each session.
16. Disclosure of personal information and user content
Without limitation of any of the rights granted to Dex One herein, you acknowledge and agree that Dex One may preserve and disclose your personal information and/or any User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce our rights, (c) respond to claims that any User Content violates the rights of third-parties, or (d) protect the rights, property, or personal safety of Dex One, any individual, or the public.
The websites are not directed toward children under 13 years of age, nor does Dex One knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to the websites.
18. Disclaimer of warranties
THE WEBSITES, INCLUDING WITHOUT LIMITATION THE DEXKNOWS.COM FREE TOOLS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DEX ONE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
19. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEX ONE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITES, INCLUDING WITHOUT LIMITATION THE DEXKNOWS.COM FREE TOOLS, EVEN IF DEX ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, DEX ONE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE WEBSITES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO DEX ONE DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.
20. Advertising content. The information, assurances and other representations in an advertiser’s profile page or other advertisement on the websites have been provided by the advertiser and have not been verified by Dex One. The advertiser is solely responsible for the accuracy and truthfulness of all such information including without limitation information provided concerning any certifications, specialties, licenses or the like and any warranties, pricing and/or discounts. You should contact the advertiser to verify the information contained in profile pages and other advertisements before relying on it. Dex One expressly disclaims any and all liability in connection with the information contained in profile pages and other advertisements and any use thereof or reliance thereon.
21. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
22. Dispute resolution and governing law
22.1. Binding arbitration: If you and Dex One are unable to resolve any controversy or claim related to this Agreement (each a "Dispute"), both parties agree that, except for those Disputes expressly excluded below, such Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law and any award may be challenged if the arbitrator fails to do so.
22.2. Restrictions: You and Dex One agree that any arbitration shall be limited to the Dispute between Dex One and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other, (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
22.3. Exceptions to arbitration: You and Dex One agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of Dex One's intellectual property rights, (2) any claim for injunctive relief, and (3) any attempt to collect a debt.
22.4 Location: Any arbitration will take place in Raleigh, North Carolina. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court) shall be decided by a court of competent jurisdiction within Raleigh, North Carolina, and you and Dex One hereby submit to the personal jurisdiction of that court.
22.5 Governing law: Except as otherwise provided for herein, this Agreement shall be governed by, and will be construed under, the laws of the State of Delaware, without regard to choice of law principles. Those who choose to access the websites from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
23. Google content
Your use of certain content provided by Google Maps may be subject to other provisions and notices set forth at: http://maps.google.com/help/terms_maps.html and http://maps.google.com/help/legalnotices_maps.html.
24. Maponics content
The websites includes certain technology and data provided by Maponics (the "Maponics Content"). You may not directly or indirectly sell, distribute, reverse engineer, or sublicense the Maponics Content or any portion thereof or use the Maponics Content other than as part of the websites search function. The Maponics Content is "Neighborhoods © Maponics, LLC 2008 - Duplication is Strictly Prohibited."
25. Other content