Electronic Directory Terms & Conditions

Electronic "Look and Feel" Directory Terms & Conditions

Important Legal Notices: Before using this Web site, please read the Terms of Use set forth below.

DEX MEDIA, INC. ("Dex Media") ELECTRONIC "LOOK AND FEEL" DIRECTORY USE AND LICENSE AGREEMENT (the "Agreement")

IMPORTANT: USE OF THIS DEX MEDIA Electronic "Look and Feel" Directory, WHETHER DIRECTLY FROM THE CD-ROM OR DOWNLOADED TO THE END USER'S COMPUTER OR NETWORK CONSTITUTES ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.

I. LICENSE AGREEMENT

1. USE RESTRICTIONS: The Dex Media Electronic "Look and Feel" Directory may be used a) by you, the "End User," for informational purposes only and may not be made available for any other use by any loan, rental, service bureau, sales, or any other arrangement, paid or unpaid, and b) for reference purposes only.  Use for direct-mail, telemarketing, or the provision of directory assistance service is strictly prohibited.  Other than as explicitly permitted herein, no use of any material within the Dex Media Electronic "Look and Feel" Directory is permitted without the express written consent of Dex.

2. PROPERTY RIGHTS: End User acknowledges that the databases and graphics residing on the Dex Media Electronic "Look and Feel" Directory are, and shall remain, the exclusive property of Dex Media, Inc. or third parties and that the End User has no rights in the databases and graphics other than as explicitly set forth herein.  The databases or information contained in them may not be sold, marketed, duplicated, compiled or decompiled, transferred or in any other manner commercially exploited, and the End User may not prepare derivative works therefrom.  End User agrees to take reasonable measures to ensure that such unauthorized use is not achieved.

The Dex Media name and logo and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of Dex Media. All other product and service marks contained herein are the trademarks of their respective owners and may not be used without the prior written consent of Dex Media or their owners. Materials published by Dex Media on this Dex Media Electronic "Look and Feel" Directory may contain other proprietary notices or describe products, services, processes or technologies owned by Dex Media or third parties. Nothing contained herein shall be construed as granting to the End User consent, waiver or license under any copyright, trademark, patent or other intellectual property or other legal right of Dex Media or any third party.

The Dex Media CD-ROM Directories and databases are copyrighted by Dex Media.  Any copy of the databases or portion thereof must include the following copyright notice: "Copyright© 2005 Dex Media, Inc. All rights reserved.  Permission is given to view, copy, print, and distribute material on this Dex Media Electronic "Look and Feel" Directory subject to the Dex Media, Inc. Electronic "Look and Feel" Directory Use and License Agreement."  A copy of this Agreement must be included in writing with the copyright notice.

3. PROPERTY RIGHTS IN AND RESPONSIBILITY FOR SOFTWARE: End User acknowledges that the Dex Media Electronic "Look and Feel" Directory contains search and retrieval software that  Dex Media is hereby sublicensing to End User on non-exclusive basis for the limited purpose of reviewing the data contained on the Dex Media Electronic "Look and Feel" Directory.  End User acknowledges that such software comprises valuable proprietary and confidential information, which is legally protected under trade secret and copyright laws. End User is not authorized to reverse compile or reverse assemble the software or otherwise attempt to reveal the proprietary programming techniques and structures used in the software.  End User is not authorized to duplicate, transfer, sell or in any commercial manner, exploit the Software.

4. DISCLAIMER OF WARRANTY AND LIMITED WARRANTY/FINAL EXPRESSION OF AGREEMENT: THE DEX MEDIA ELECTRONIC "LOOK AND FEEL" DIRECTORY, DATABASES AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY.  NEITHER DEX MEDIA NOR ITS SUBSIDIARIES AND AFFILIATES NOR ANY THIRD PARTY THAT HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE DEX MEDIA ELECTRONIC "LOOK AND FEEL" DIRECTORY WARRANT: (A) THAT ANY CONTENT ON, DISTRIBUTED THROUGH OR LINKED, DOWNLOADED OR ACCESSED FROM THE DEX MEDIA ELECTRONIC "LOOK AND FEEL" DIRECTORY IS ACCURATE, RELIABLE OR CORRECT..  DEX MEDIA MAKES NO REPRESENTATIONS WHATSOVER CONCERNING THE DEX MEDIA CD-ROM DIRECTORIES, THE DATABASE AND SOFTWARE OR THE PERFORMANCE OR OPERATION THEREOF.  END USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE DEX MEDIA ELECTRONIC "LOOK AND FEEL" DIRECTORY, AND THE DATA, DATABASES AND SOFTWARE LINKED TO OR CONTAINED THEREIN.
IN NO EVENT WILL DEX MEDIA, ITS SUBSIDIARIES OR AFFILIATES, OR ANY THIRD PARTY THAT HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE DEX MEDIA CD-ROM DIRECTORIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, LOSS OF USE, DATA OR PROFITS, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE DEX MEDIA CD-ROM DIRECTORIES, EVEN IF DEX MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DEX MEDIA ELECTRONIC "LOOK AND FEEL" DIRECTORY OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DEX MEDIA ELECTRONIC "LOOK AND FEEL" DIRECTORY, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DEX MEDIA ELECTRONIC "LOOK AND FEEL" DIRECTORY OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DEX MEDIA ELECTRONIC "LOOK AND FEEL" DIRECTORY.  IF YOU ARE DISSATISFIED WITH THIS DEX MEDIA ELECTRONIC "LOOK AND FEEL" DIRECTORY, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST DEX MEDIA WITH RESPECT TO THIS AGREEMENT OR THE DEX MEDIA ELECTRONIC "LOOK AND FEEL" DIRECTORY, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DEX MEDIA ELECTRONIC "LOOK AND FEEL" DIRECTORY.
5.  THIRD PARTY SITES; DISCLAIMER OF ENDORSEMENT:   The Directory contained on this Dex Media Electronic "Look and Feel" Directory may produce automated search results or otherwise link you to other sites on the Internet (collectively, "Third Party Sites").  These Third Party Sites may contain information or material that some people may find inappropriate or offensive. These Third Party Sites are not under the control of Dex Media, and you acknowledge that Dex Media is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link or any reference on the Directory to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Dex Media. Dex Media makes no representations whatsoever concerning: (a) the links, information, software or other material appearing on, or accessible through, any Third Party Site (including, without limitation, any advertisement for products or services on any Third Party Site); (b) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user's credit card information); (c) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof); (d) the sellers of any products or services advertised or sold on or through any Third Party Site; or (e) endorsement, sponsorship or recommendation by Dex Media. If you decide to access any of the Third Party Sites, you do so entirely at your own risk. If you are accessing a Third Party Site through a link, you are advised to read the terms of use and privacy policy of such Third Party Site before you use such Third Party Site.
6. CONTRIBUTIONS:  Any comments, suggestions or other information sent to Dex Media is provided without restriction or obligation on Dex Media and will not be held in confidence.
7. GENERAL:  Any cause of action brought by any party against the other based upon the terms of this Agreement shall be brought within one year of the accrual of the cause of action.  All claims arising out of use of the Dex Media Electronic "Look and Feel" Directory shall be resolved by arbitration in Denver, Colorado in accordance with the then current rules of the American Arbitration Association. The internal laws of the State of Colorado (other than conflicts of laws rules) and of the United States of America shall apply. The arbitration shall be conducted by a single arbitrator engaged in the practice of law. The arbitrator's decision and award shall be final and binding and may be entered in any court with jurisdiction.

II. PRIVACY STATEMENT
Dex Media respects the privacy of its customers and visitors.  Information from on-line use may be utilized, in aggregate, to measure the number of site visits, average time spent on sites, number of pages viewed and type of pages viewed. Customer-specific data will not be appended to this information. Some sites may contain external links; Dex Media is not responsible for content or privacy standards at other sites.  Due to the evolving nature of technology, Dex Media will continue to assess privacy needs and make changes as necessary to ensure that Dex Media maintain the appropriate standards.  For questions related to this Agreement, please contact the Dex Media Technical Support Help Desk via telephone at (866) 547-5100 or via email at support@dexpage.com.  For supplemental general information about Dex Media's privacy policy (incorporated hereto), please go to http://www.dexmedia.com/sitepolicies.html.