1. ACCEPTANCE OF TERMS
Welcome to ContactChange LLC (ContactChange). ContactChange provides its service to you, subject to the Terms of Service ("TOS"), which may be updated by ContactChange at any time without notice to you. You can review the most current version of the TOS at any time at: https://www.ContactChange.com.
2. DESCRIPTION OF SERVICE
ContactChange provides users with access to a "Service", including a user generated white pages and user driven search of said white pages. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for ContactChange to provide the Service. You also understand and agree that the Service may include certain communications from ContactChange, such as service announcements, and that these communications are considered part of the ContactChange membership. You may not opt out of emergency messages, such as notification of termination of the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ContactChange properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ContactChange assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, usernames, passwords, or comments. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. ContactChange’s PRIVACY POLICY
ContactChange has a strict policy that any information provided by you while using this Service will not be sold or disseminated to a third party.
4. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ContactChange may establish general practices and limits concerning use of the Service, including without limitation the number of posts displayed, the frequency of updates, the amount of information available to be stored in an account, the maximum disk space that will be allotted on ContactChange's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ContactChange has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that ContactChange reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ContactChange reserves the right to modify these general practices and limits from time to time.
5. MODIFICATIONS TO SERVICE
ContactChange reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ContactChange shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. TERMINATION
You agree that ContactChange may, under certain circumstances and without prior notice, immediately terminate your ContactChange account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your ContactChange account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in ContactChange's sole discretion and that ContactChange shall not be liable to you or any third-party for any termination of your account or access to the Service.
7. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself, such as a username, as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ContactChange has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ContactChange has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
8. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your ContactChange password and account, and are fully responsible for all activities that occur under your password or account. ContactChange reserves the right to not provide you with your password if you have lost it. You agree to (a) immediately notify ContactChange of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session by use of the Log-Out option provided with the Service. ContactChange cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
9. MEMBER CONDUCT
You understand that all information, usernames, passwords, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. And you, and not ContactChange, are entirely responsible for all Content that you arrange to have parsed, or otherwise make available via the Service.
You agree to not use the Service to:
* collect or store personal data about other users.
* not to use Content for commercial purposes.
* not to use automated, mechanized, or robotic queries, searches, inquiries, or use of the Service or Content.
* transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* harm minors in any way;
* impersonate any person or entity, including, but not limited to, a ContactChange official, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* disguise the origin of any Content transmitted through the Service;
* transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
* transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
* intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
You acknowledge, consent and agree that ContactChange may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process or to (b) enforce the TOS.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. INDEMNITY
You agree to indemnify and hold ContactChange, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ContactChange shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ContactChange has no control over such sites and resources, you acknowledge and agree that ContactChange is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ContactChange shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by ContactChange or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONTACTCHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CONTACTCHANGE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONTACTCHANGE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTACTCHANGE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONTACTCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. 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 OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU.
19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
20. NOTICE
ContactChange may provide you with notices, including those regarding changes to the TOS, by either email or postings on the Service.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ContactChange's Copyright Agent the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
* a description of the copyrighted work or other intellectual property that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address;
* 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;
* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
ContactChange's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By email: IP@ContactChange.com
22. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and ContactChange and govern your use of the Service, superseding any prior agreements between you and ContactChange. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ContactChange services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and ContactChange shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and ContactChange agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jackson, Missouri.
Waiver and Severability of Terms. The failure of ContactChange to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your ContactChange account is non-transferable and any rights to your ContactChange I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
23. VIOLATIONS
Please promptly report any violations of the TOS to ContactChange.
