THESE TERMS APPLY TO THE USE OF THE WEBSITE LOCATED AT WWW.EXPORTYELLOWPAGES.COM (THE "WEBSITE" OR "SITE") AND The Export Yellow Pages PRINT DIRECTORY PUBLICATION (THE "PRINT DIRECTORY"), AS APPLICABLE.
Acknowledgement and Acceptance of Agreement
The Export Yellow Pages LLC (“The Export Yellow Pages” OR "THE COMPANY”), A WHOLLY-OWNED SUBSIDIARY OF GLOBAL PUBLISHERS LLC ("GLOBAL"), PROVIDES ADVERTISING AND RELATED LISTING SERVICES (THE "SERVICES") TO YOU ("YOU" OR "USER") THROUGH The Export Yellow Pages WEB AND PRINT DIRECTORY UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE "AGREEMENT"), AS MAY BE AMENDED OR MODIFIED FROM TIME TO TIME.
BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU WILL PROVIDE TRUE, ACCURATE, CURRENT, AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS AS A RELIABLE MEANS OF CONTACTING YOU) IN YOUR REGISTRATION FOR THE SERVICE, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THE TERMS AND CONDITIONS HEREIN AND ELSEWHERE ON THE SITE, INCLUDING AND ANY ADVERTISING ORDER. THESE AGREEMENTS, AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED HEREIN ARE INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE.
Conditions of Use
Consent to Monitoring and Disclosure
By registering for Services with The Export Yellow Pages, you agree to receive communications essential to your use of the service—for example, an email about a change in service pricing, announcement of new member features, billing statements, and the like. For other, non-essential communications related to the service, such as promotional messages from The Export Yellow Pages partners or affiliates, you will have the choice to opt-out of such messages upon receipt of such communications. You may exercise this choice from instructions provided on such communication or by contacting us directly to ask to be removed from such non-essential communication lists. User requests to opt out of future non-essential emails may take up to thirty (30) days to fully process.
Disclaimer of Warranties and Limitations of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICES AND THIS SITE AND THE INTERNET GENERALLY. THE INFORMATION PROVIDED ON THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION PROVIDED BY THE COMPANY OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. THE COMPANY DOES NOT WARRANT THAT THE INFORMATION ON THE SITE (OR ANY PRINT DIRECTORY) OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF SUCH MATERIAL OR DATA.
WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THIS SITE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE OR ANY PRINT DIRECTORY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION OR SERVICES OR THE INTERNET GENERALLY. IF WE BREACH OUR OBLIGATION HEREUNDER TO FULFILL ANY ADVERTISING PRODUCT OR SERVICE OR BREACH ANY OTHER OBLIGATION HEREUNDER, WE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO FULFILL SUCH ADVERTISING PRODUCT OR SERVICE AT A LATER DATE ON THE SAME OR SUBSTITUTE SITE OR PRINT DIRECTORY, OR OTHERWISE REASONABLY CURE SUCH BREACH. IN ANY CASE, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR ANY SERVICES. THE FOREGOING CONSTITUTES OUR SOLE OBLIGATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH BY US OF THIS AGREEMENT (EITHER DIRECTLY OR THROUGH A FAILURE OF PERFORMANCE BY THE SITE).
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.
Disclaimer of Linked Sites
The Company is not responsible for the contents of any off-site pages referenced. The Company cannot control and is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties. The risk of injury from the foregoing rests entirely with you, the User. Links from the Company's Web pages on the World Wide Web to other sites do not constitute an endorsement from the Company, or its partners or affiliates. These links are provided as an information service only. It is the responsibility of the User or web surfer to conduct its own due diligence on companies or products listed on the Site, and to evaluate the content and usefulness of information obtained from this and other sites. The Site contains links to other related World Wide Web Internet sites and resources. Since the Site is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to that sites respective administrator or webmaster.
Listing Services; Term; Costs and Payments
Users may generally obtain a basic business listing in our online and print directories for free; provided, however, that users must first complete the required registration form in its entirety and meet any other requirements for listing as set forth in the membership registration page and comply with the terms of this Agreement and other policies listed on the Website. If the information you provide in the registration form is incomplete, incorrect, or cannot be validated (on at least an annual basis), we may suspend, cancel, or terminate your listing and delete it in its entirety from the online and/or print directory publications in our sole discretion. In the case of premium paid services, in order for the Company to consider an order request from you, you must submit a valid credit card number as part of the package order, or agree to the invoice terms set forth on your advertising order form. Unless otherwise noted, plans are based on an annual twelve (12) month agreement and will automatically renew for additional and successive one (1) month terms thereafter, and shall not terminate until and unless either party terminates the service agreement by providing written notice of its intent to terminate or not renew thirty (30) days prior to the expiration date of the term. You agree that your credit card will be charged the current fees specified for your plan when you order the service on the date that you submit your advertising order and will continue to be charged the current fees on that date of each subsequent month during the term of this Agreement, or to such other terms as are set forth in your advertising order or invoice. All fees are non-refundable and non-creditable. You agree that you will make prompt and timely payments of all outstanding amounts due in connection with the provision of services to you. You acknowledge that the payment of these fees does not in any way guarantee that all your suggested products or enhancements will be added to your listing or will not be adjusted for editorial reasons. The Company may change its fees for services at any time upon written notice to you.
In the event that payment for Services is not received from you in accordance with the terms of your order or this Agreement, the Company has the right to suspend or terminate services provided to you without notice, and declare the entire annual amount payable in full. In addition we may assess (a) interest at the maximum rate allowed by law until paid and (b) a late payment charge as established by us. You will also agree to pay any reasonable attorney's fees and costs that we may incur in collecting any unpaid amount.
Access to the Site / Failure to Comply
Users are prohibited from posting or transmitting any unlawful, threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, abusive, hateful, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We reserve the right, in our sole and absolute discretion, to terminate, suspend or restrict your access to this Site, unilaterally and without notice, in the event you violate any of the terms of this Agreement or fail to make payments for services when due. In addition, if asked to do so, you agree that you will not attempt to access this Site. We also reserve any and all remedies at law or equity in connection with any violation of this Agreement. You agree, at your own expense, to indemnify, defend and hold the Company (and its subsidiaries, affiliates, officers, directors, agents, employees and third parties providing content) harmless from and against any claim or demand and all losses incurred related to the use of the Site.
Intellectual Property; Trademarks and License
Information and other materials published by the Company and/or its affiliates on the Site may contain proprietary notices or describe products or services owned by the Company and/or third parties. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content on the Website or in the Print Directory without the prior written permission of the Company. If you have any questions on using material on the Site or in the Print Directory, please e-mail our legal department at email@example.com with your request. If permission to reproduce or redistribute is granted (which permission may only be given in writing), the following statement shall be included, "Reproduced with permission from The Export Yellow Pages", along with all applicable copyright, trademark, and/or other notices.
The "The Export Yellow Pages" and "Global Publishers" and names and logos and all related products and service names, design marks, and slogans are the trademarks, service marks or registered trademarks of the Company, Global, or its partners and may not be used in any manner without the prior written consent of the Company or the respective party that owns any such mark(s). All other trademarks or service marks contained herein are the trademarks of their respective owners.
Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of the Company, Global, its affiliates and/or any third party. Neither the Company nor its affiliates will be responsible for any third party material.
You have sole responsibility for the content of your listing and warrant that: (1) you are authorized to sell all products and/or services in your listing; (2) you have the right to use all trademarks, service marks, names, information, and artwork in your listing; (3) you have the right to use all copyrighted work to be reproduced in your listing; (4) your listing will not infringe any trademark, copyright or other intellectual property right of a third party (5) your advertising listing complies with federal, state and local laws; (6) any information your provide or quote in your listing (including but not limited to descriptions, pricing, discounts or product availability) shall be complete, accurate and applicable throughout its listing duration. You agree to comply with all applicable laws in accepting and fulfilling orders, to honor any special offers, prices or discounts offered in your advertising listing. You agree to indemnify and hold us or any affiliates or agents harmless as to any attorney's fees, costs expenses, losses, or damages we may sustain concerning or arising out of this Agreement or any Services or products you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.
Design of our Sites, Advertising Products, Statistics and Interruption of our Services
The Company may redesign or modify the organization, structure and/or "look-and-feel" of our respective Web sites or print publications, advertising Services or products (web or print), listing search results, categories and published set of headings and directories at any time and without notice; and we may discontinue or add additional distribution networks or linked sites, services, or product features at any time in our sole discretion. We may position your advertisement on any page within the Site or the publications, in any position upon such page, in any sequence and in association with any classified heading or keyword(s) we deem appropriate unless otherwise specifically noted in an advertising order. We may also publish your listing in other partner directory networks. Unless expressly provided in an advertising order, we do not make any representation or warranty with respect to traffic or usage statistics regarding actions on our site (or any partner sites) or the levels of impressions, click-through rates or the quality or conversion rate for any advertisement listing.
Data Mining Prohibited
You may not use bots or similar methods or tools to "data mine" or otherwise gather or extract data from the Website or Print Directory, without the Company's prior written consent, which consent may be withdrawn or withheld by the Company at any time, with or without notice, in the Company's sole discretion.
You agree that you will comply with any security processes and procedures (such as passwords) specified by the Company with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through this Site that are not intended for general public access, unless you have been provided with express written authorization by the Company. You agree that you will not disrupt the functioning of this Site or otherwise act in a way that interferes with other users' use of the Site.
Use of the Site is subject to the terms of this Agreement as well as our Privacy Statement. Our Site is intended for use primarily by persons 18 years or older.
Users of this Site shall not use this Site to transmit unsolicited e-mail messages, including without limitation, unsolicited bulk e-mail, where such e-mails could reasonably be expected to provoke complaints ("spam"). Further, you are prohibited from obtaining the service of another provider to send spam to promote a site hosted on this Site.
In order to access the Site and certain services, you may be required to enter a user name and password on the Site. You shall not permit any other person or entity to use your user name or password and will ensure that you log off from your account at the end of each session on the Site. You agree not to disclose your user name or password to any other person or entity and shall hold your user name and password in confidence. In the event you determine that another party has gained access to your password or user name, or that another party has accessed the Site or service using your user name or password, you shall immediately notify us of such access. In such event, we will delete your old user name and password and, in our sole discretion, issue a new user name and password to you.
The Site and Services are provided, controlled and operated by the Company, which has its principal place of business in the State of Wisconsin, United States of America. We make no representation that the Services or the Site are available or appropriate for users in all jurisdictions. You acknowledge that users access the Site and use the Services on their own initiative and are responsible for compliance with applicable laws, regulations and treaty provisions. These terms and conditions and your agreement to be bound by them shall, to the maximum lawful extent, be governed by and construed in accordance with the laws of the State of Wisconsin without reference to principles of conflicts of laws. YOU AND THE COMPANY AGREE THAT THE STATE AND FEDERAL COURTS LOCATED IN WISCONSIN SHALL BE THE EXCLUSIVE FORUM FOR THE RESOLUTION OF ALL DISPUTES BETWEEN YOU AND THE COMPANY RELATING TO YOUR USE OF THE SITE OR THE SERVICES. YOU AND THE COMPANY HEREBY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS AND VENUE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY. If the forgoing exclusive forum provision is unenforceable or inapplicable to a dispute between you and us, you and we agree that such dispute shall be resolved and finally settled by mutually binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules. To the extent permitted by said rules, the location of the arbitration shall be in Milwaukee, Wisconsin. The arbitrator shall apply Wisconsin law without reference to conflict of laws principles.
Any notices or communications under the Agreement shall be by electronic mail or in other form of writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to the Company, such notices shall be addressed to The Export Yellow Pages, LLC, 10437 Innovation Drive, Milwaukee, WI 53226, or to such other address as the Company may provide to you. If to you, such notices shall be addressed to the electronic mailing address or other mailing address specified in your registration or advertising order form (as may be updated by you), or by displaying notices or links to notices to you generally on the Service. It is your obligation to keep your contact information with The Export Yellow Pages current.
You agree to indemnify and hold the Company and (as applicable) its parent company, subsidiaries, affiliates, officers, directors, mangers, shareholders, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, your violation of any law, your use of (or conduct on) any third party site, any transactions initiated or conducted by you through any third party site, and products or services that you bid on, purchase, or sell over the Website or any third party site, 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 this Agreement.
In no event shall the Company have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.
We may amend these terms and conditions from time to time without prior notice. If we make material changes to these terms and conditions we will announce that we have made changes on the Website. Your continued use of the Website after such announcement will constitute your acceptance of the new terms and conditions.
Additional Information / Questions