of Use and Service
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By accessing or using any part of our directories or services, you agree that you have read, understood and agreed to be bound by This TUS, which contains waiver of class-action rights and liability limitations. If you do not agree to be so bound, you may not access or use our Directory or Service. Unless otherwise expressly stated, CBP disclaims any and all warranties whether provided by CBP, its affiliates, or its respective employees and agents.
1. About Our Directory or Services and Our Terms
a. The Listed Services: The Listed Services allow users to, among other things, find and compare products and services. The Listed Services may provide paid listings, advertisements or other sponsored information. The Listed Services may also include sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
b. Nature of Services: CBP provides Services that are, unless otherwise expressly stated, advertising and listing sites and services. CBP displays advertising and listings on behalf of businesses and organizations and CBP relies upon those businesses and organizations for the accuracy, completeness and honesty of that advertising and/or listing. Under no circumstances does CBP endorse and/or have any other connection with every business and organization that advertise or list with us.
c. Eligibility: To use the listed Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with CBP, Listed Services, and Advertisers, and are not otherwise prohibited from using or receiving the Listed Services in accordance with this TUS. By using our Directory or Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Listed Services constitutes their acceptance of this TUS.
d. Additional Terms: Our directory provides a wide variety of Products and Services to both consumers and business users. Some Products and Services are subject to additional terms, which are listed below or presented to you when you use such Products or Services. If you are using or would like to use any of the following Products or Services, please follow the link below to access those additional terms. If there is a conflict between these TUS and the additional terms for a particular Product or Service, the additional terms will control for that Product or Service. You may not use any of these Products or Services unless you agree to the applicable additional terms. Links to certain additional terms follow:
If you advertise through CBP or access our business directory or services, then you will be subject to our CBP Advertiser General Terms and Conditions
e. Term Changes: CBP may periodically modify and supplement these TUS, with or without notice to you. You are responsible for regularly checking these TUS for revisions.
2. Using our Directory and Services
a. Rights Grants: Subject to your compliance with the terms and conditions of this TUS, CBP grants you a limited, non-exclusive right to use our Directory and Services, and any content and materials made available to you in connection with your use of our Directory and Services, only for your non-commercial, informational purposes and for such other purposes (subject to such further limitations) as may be provided in This TUS (including any additional terms applicable to a particular Directory or Service) or any instructions for use that CBP may provide from time to time.
b. Termination: You may stop using our Directory or Services at any time, except to the extent you agree otherwise in the use of particular Directory or Services offered on a subscription or similar basis. CBP may terminate your access to our Directory or Services in whole or in part if it reasonably believes you have breached this TUS, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use our Directory or Services. If your access to our Directory or Services is terminated, CBP may exercise whatever means it deems necessary to prevent unauthorized access to our Directory or Services, including, but not limited to, technological barriers, Internet Protocol mapping, and direct contact with your Internet Service Provider. This TUS will survive indefinitely unless and until CBP chooses to terminate it, regardless of whether any account you open is terminated by you or CBP or whether you continue to use or continue to have the right to use our Directory or Services.
c. Intellectual Property: Using our Directory or Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of our Directory or Services, all of which is owned by CBP, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TUS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of our Directory or Services, without express permission from the owner or CBP (as applicable). Using our Directory or Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like (“CBP Marks”), used in connection with our Directory or Services, without express permission from the owner.
d. Use of Marks: Although CBP protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of CBP Marks by a third party; accordingly, do not rely upon any third party’s use of any CBP Marks in determining whether a third party is affiliated with CBP, as such use may be unauthorized.
e. Prohibited Conduct: You may use our Directory or Services and any materials or content made available to you in connection with your use of our Directory or Services only as expressly permitted by this TUS and only in a manner that does not interfere with CBP’s right or ability to provide our Directory or Services or any third party’s right or ability to use or enjoy our Directory or Services. Without limitation, you may not:
(I) Attempt to bypass, disrupt or interfere with the security, provision or use of our Directory or Services;
(II) Attempt to obtain unauthorized access to our Directory or Services;
(III) Impersonate another person or entity, misrepresent your affiliation with a person or entity (including CBP), or use a false identity;
(IV) Infringe, violate, or transgress any right of any party;
(V) Engage, directly or indirectly, in any type of unsolicited communication;
(VI) Collect, manually or through an automatic process, information about other users without their express consent or other information relating to our Directory or Services;
(VII) Conduct script searches or use search results of our Directory or Services in a manner that results in the automated display of any material or other information on a third party website;
(VIII) Violate any law, rule, or regulation;
(IX) Use any CBP Marks or other portion of our Directory or Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes;
(X) Use the blackpagesworldwide.com domain name or any domain name that is confusingly similar to this or another CBP domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service;
(XI) Link to or “frame” any CBP website (including deep linking to a specific portion of any CBP website) or overlay content on our Directory or Services;
(XII) Submit false or misleading information to CBP;
(XIII) Use our Directory or Services to compile information about a product or service for use in connection with a listing for a competitive product or service;
(XIV) Take any action that may undermine the ratings or review or similar process(es) under our Directory or Services; or
(XV) Assist any third party in engaging in any activity prohibited by this TUS. CBP reserves the right, but not the obligation, to monitor our Directory or Services for the purpose of determining that your usage is in compliance with this TUS.
f. Changes: CBP may change or discontinue any of our Directory or Services at any time without notice or liability to you or any third party.
3. Disclaimers, Exclusions, Indemnity, and Limitations
a. Warranty Disclaimers: CBP provides our directory or services on an “As Is” and “As Available” basis. CBP does not represent or warrant that our Directory or Services, their use, any information provided in connection with our Directory or Services:
1. Will be interrupted or secure,
2. Will be free of defects, delays, inaccuracies or errors,
3. Will meet your requirements, or
4. Will operate in the configuration or with hardware or software that you use.
CBP makes no warranty other than those made expressly in this TUS, and thereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchant ability and non-infringement. CBP makes no representation or warranty with respect to any third party materials, information, goods, or services, whether received or accessed via any links provided by or in connection with our Directory or Services or otherwise. CBP makes no representation or warranty with respect to any goods or services which may be purchased or obtained from CBP or any third party as a result of using our Directory or Services.
b. Damage Exclusions: CBP will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of our Directory or Services, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring, including without limitation, the cost of any goods or services which may be purchased or obtained as a result of using our Directory or Services.
c. Limits of Liability: In no event will the aggregate liability of CBP arising from, relating to, or in connection with this TUS or our Directory or Services exceed the greater of:
1. Amounts that you paid CBP for your use of our Director or Services,
2. $60; or
3. With respect to services subject to additional terms, the aggregate liability amount specified in such additional terms.
d. State and International Laws: Certain State and International laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. As such, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. Unless limited or modified by applicable law, the foregoing disclaimers, exclusions and limitations apply, even if any remedy fails of its essential purpose.
e. Indemnity: You agree to indemnify, defend and hold CBP and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties:
1. Alleging facts or circumstances that would constitute a breach by you of any provision of This TUS or
2. Arising from, related to, or connected with your use of our Directory or Services. If you are obligated to provide indemnification pursuant to this provision, CBP may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of CBP.
a. Section Applicability: The terms of this Section 4 will apply to all disputes that may arise out of, are connected with or relate to This TUS or our Directory or Services, subject only to the following three exceptions:
1. If CBP reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to CBP or any third party, CBP may seek injunctive or other appropriate relief in any court of competent jurisdiction;
2. Certain Services are subject to different dispute resolution provisions, which are provided for in the terms applicable to such Services; or
3. Any dispute may, at the option of the claiming party, be resolved in small claims court in Charlotte, North Carolina, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court, but must first be submitted to the informal resolution process in Section 4.2 subject to the informal resolution in Section 4.2. Furthermore, in no event will the terms of this section limit CBP’s ability to investigate complaints or reported violations of This TUS or to take any action CBP deems necessary and appropriate to mitigate actions against CBP, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
4. If a dispute arises between a consumer (user) of our Directory and a listed business or advertiser you agree for the matter to be first addressed in-house between the consumer and enterprise (preferably in writing), and next (if necessary) via the Better Business Bureau (or equivalent), before taking to the Internet via third-party review sites.
b. Informal Resolution: If you have any dispute with us or any related third party, arising out of, relating to, or connected with our Directory or Services, you agree to contact CBP customer service; provide a brief, written description of the dispute and your contact information (including your name, if your dispute relates to an account); and give CBP 30 days within which to resolve the dispute to your satisfaction.
c. Limitation of Actions: Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of our Directory or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
5. Force Majeure
CBP will not be liable for failing to perform under This TUS because of any event beyond its reasonable control.
This TUS and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the State of North Carolina without regard to any provision governing conflicts of law. This TUS (which includes all documents referenced above) supersedes all prior and contemporaneous agreements and understandings between you and CBP relating to our Directory or Services. You may not transfer your rights or obligations under This TUS without the prior written consent of CBP. CBP may freely do so, in whole or in part. This TUS will be binding upon the successors and permitted assigns of you and CBP. This TUS does not create any third party beneficiary rights. This TUS will be interpreted as if equally drafted by CBP and you. A party’s failure or delay in exercising any right, power or privilege under This TUS will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this TUS. You and CBP are independent contractors, and no agency, partnership, joint venture; employee-employer relationship is intended or created by this TUS. The invalidity or unenforceability of any provision of This TUS will not affect the validity or enforceability of any other provision of this TUS, all of which will remain in full force and effect. The terms “includes” or “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.
By providing your email address, you agree that CBP may send emails to you related to our Directory or Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. CBP may send any legal notices to you via email, notification by a message to your account or regular mail. To give legal notice to CBP, please send written communication to:
CBP Publishing Company
Attn: Legal Department
P.O. Box 36160
Charlotte, NC 28236-6160
7. CBP Black Pages Worldwide™
CBP Black Pages Worldwide™ means within areas where CBP Black Pages Worldwide™ and/or Business Pages directories are distributed worldwide.
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