Terms
By accessing and using this website, web page, client portal, or mobile application, including but
not limited to any content, functionality and services offered on or through this website, web
page, client portal, or mobile application, or our e-mails, texts, posts and other electronic
messages (collectively, our “Site”), you are agreeing to be bound by these Terms and
Conditions of Use, all applicable laws and regulations, and agree that you are responsible for
compliance with any applicable local laws. If you do not agree with any of these terms, you are
prohibited from using or accessing this Site. Our Site and all of the contents, features and
functionality (including but not limited to all information, software, text, displays, images, video
and audio, and the design, selection and arrangement thereof), are owned by us, our licensors
or other providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret and other intellectual property or proprietary rights
laws, as applicable. We reserve the right to withdraw or amend our Site, and any service or
material we provide on our Site, in our sole discretion without notice. We will not be liable if, for
any reason, all or any part of our Site is unavailable at any time or for any period.
Use License
Your permission to use and access this Site is the grant of a limited license, not a transfer of
title, and your limited license to use or access our Site shall automatically terminate if you
violate any of these restrictions and may be terminated by us at any time for any reason or no
reason.
When using or accessing our Site, you may not:
1. modify or copy any material or Services;
2. use the material or Services for any commercial purpose, or for any public
display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the Site or
that supports the Site or any Services;
4. engage in any data mining, data harvesting, data extracting or any other similar
activity in relation to this Site, or while using this Site;
5. remove any copyright or other proprietary notations from the material; or
6. transfer the materials to another person or entity or “mirror” the material on any
other server.
Posting Content. In these Terms and Conditions of Use, your “Content” shall mean any
audio, video, text, images or other material, including comments or feedback, you
choose to post on or submit to us via this Website. With respect to your Content, by
posting it in a way that is visible to the public, you grant us a non-exclusive, worldwide,
irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish,
translate and distribute it on our Site and in any and all media. Your Content must be
your own and must not be infringing on any third party’s rights or violate any of the
restrictions in the subsection below. We reserve the right to remove any of your Content
from our Site at any time, and for any reason, without notice.
Without limiting the foregoing, you agree not to use, or permit to be used, any
messaging capabilities or any Services on our Site that permit text entry or the uploading
or posting of audio, video or images to post, transmit or disseminate any:
1. unsolicited material to persons or entities that have not agreed to receive such
material or to whom you do not otherwise have a legal right to send such
material;
2. material that infringes or violates any third party’s intellectual property rights,
rights of publicity, privacy, or confidentiality, or the rights or legal obligations of
any wireless service provider or any of its customers or subscribers attempt to
decompile or reverse engineer any software contained on the Site or that
supports the Site or any Services;
3. material or data that is illegal, or material or data that is harassing, coercive,
libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable,
materials that are harmful to minors or excessive in quantity, or materials the
transmission of which could diminish or harm the reputation of us and/or our
third- party service providers; material or data that is related to illegal drugs (e.g.,
marijuana, cocaine) or to pharmaceuticals, material that contains any viruses,
Trojan horses, worms, time bombs, cancelbots, or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data, or personal information or contains any
signal or impulse that could cause electrical, magnetic, optical, or other technical
harm to our equipment or facilities and/or those of any third party; or material or
information that is false or misleading, or likely to mislead or deceive.
Your permission to use and access this Site is the grant of a limited license, not a
transfer of title, and your limited license to use or access our Site shall automatically
terminate if you violate any of these restrictions and may be terminated by us at any time
for any reason or no reason.
Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or our Site will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output, and for maintaining
a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY
MATERIAL DUE TO YOUR USE OF OUR SITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT,
OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON THE SITE ARE
PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE MAKES NO WARRANTIES,
EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER
WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING
THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS
ON SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO
THE SITE.
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE
PROVIDERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES
LINKED TO OR FROM IT, ANY CONTENT ON OUR SITE OR ON SUCH OTHER WEBSITES,
OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,
LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE,
LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service
providers, and our and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees)
arising out of or relating to your violation of these Terms and Conditions of Use and your use of
our Site, including, but not limited to, any use of our Site’s content, services and products other
than as expressly authorized in these Terms and Conditions of Use or your use of any
information obtained from our Site.
Revisions and Errata
The materials appearing on our Site could include technical, typographical, or photographic
errors. We do not warrant that any of the materials on the Site are accurate, complete, or
current. We may make changes to the materials contained on the Site at any time without
notice. We do not, however, make any commitment to update the materials.
Links
We have not reviewed all of the third-party websites linked to by the Site and are not
responsible for the contents of any such linked site. The inclusion of any link does not imply
endorsement by us of the third-party website. Navigation to and use of any such linked website
is at the user's own risk.
Site Terms of Use Modifications
We may revise these Terms and Conditions of Use for the Site at any time without notice. By
accessing or using the Site, you are agreeing to be bound by the then current version of these
Terms and Conditions of Use.
Governing Law
Any claim relating to the Site shall be governed by the laws of the State in which we are
headquartered without regard to its conflict of law provisions.
Entire Agreement
These Terms and Conditions of Use, our Privacy Policy and any other document we deem
relevant constitute the sole and entire agreement between you and us with respect to our Site
and supersede all prior and contemporaneous understandings, agreements, representations
and warranties, both written and oral, with respect to our Site
Our Mobile Messaging Service is provided by Thryv, Inc. and is subject to the following terms
and conditions.
Mobile Messaging Terms & Conditions
Thryv, Inc. (“We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), subject
to these Mobile Messaging Terms and Conditions (the “Terms”). If you do not wish to continue
participating in the program or no longer agree to these Terms, you can reply “STOP” to any
mobile message from Us in order to opt out of the Program. User Opt In: The Program allows
users to receive SMS/MMS mobile messages by users affirmatively opting into the Program.
Regardless of the opt-in method you utilized to join the Program, you agree that these Terms
apply to your participation in the Program. The mobile messaging service used by Us to
communicate with you requires human intervention for Our mobile messages to be initiated, and
thus Our mobile messages are not sent to you by an automatic telephone dialing system
(“ATDS” or “autodialer”). Nevertheless, by participating in the Program, you agree to receive
autodialed marketing mobile messages and you understand that consent is not required
to make any purchase from Us. Program Description: Without limiting the scope of the
Program, users that opt into the Program can expect to receive messages from Our customers,
for alerts, coupons, specials, and promotions. Cost and Frequency: Message and data rates
may apply. The Program involves recurring mobile messages, and additional mobile messages
may be sent based on your interaction with Us. Contact Information: For support
text “HELP” to 85100, or to any of Our mobile messages, or email smsinfo@thryv.com. User
Opt Out and Additional Commands: To opt out (discontinue participation in Program),
reply “STOP” to 85100, or to any of Our mobile messages from your mobile device. This is the
easiest and preferred method to opt out of the Program. You may receive an additional mobile
message confirming your decision to opt out. You may also opt out by texting “QUIT”, “END”,
“CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to 85100 or to any of Our mobile messages
you receive, or by contacting Us via the means provided above and clearly communicating your
intent to unsubscribe from the Program. For additional support, text “HELP” to 85100 to get
help. MMS Disclosure: The Program will send SMS MTs if your mobile device does not support
MMS messaging. Disclaimer: The Program is offered on an “as is” basis. We will not be liable
for any delays or failures in the receipt of any mobile messages connected with this Program.
Delivery of mobile messages is subject to effective transmission from your wireless service
provider/network operator, and is outside of Our control. Your wireless service provider/network
operator is not liable for delayed or undelivered mobile messages. Your participation in the
Program is at your sole discretion and risk, and if you are dissatisfied with the Program,
message content, or these Terms, you should opt-out and cease use of the Program. Privacy
Policy: We respects your privacy. We will only use information you provide to transmit your
mobile messages and respond to you, if necessary. WE DO NOT SELL, RENT, LOAN, TRADE,
LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR
CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD
PARTY. Nonetheless, We reserves the right at all times to disclose any information as
necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect
Our rights or property. When you complete forms online or otherwise provide Us information in
connection with the Program, you agree to provide accurate, complete, and true information.
You agree not to use a false or misleading name or a name that you are not authorized to use. If
in Our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, or
you have opted into the Program for an ulterior purpose, We may refuse you access to the
Program and pursue any appropriate legal remedies. This Privacy Policy is strictly limited to the
Program and has no effect on any other privacy policy(ies) that may govern the relationship
between you and Us in other contexts. Dispute Resolution: In the event that there is a dispute,
claim or controversy between you and Us, or between you and any third-party service provider
acting on Our behalf to transmit the mobile messages within the scope of the Program, arising
out of or relating to federal or state statutory claims, common law claims, these Terms, Our
Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of this agreement to arbitrate, such
dispute, claim or controversy will be determined by arbitration in Dallas, Texas before one
arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the
JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is
commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined
Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will
apply the substantive law of the State of Texas, exclusive of its conflict or choice of law rules.
Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of
arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement
evidences a transaction involving interstate commerce. Notwithstanding the provision in this
paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-
16) will govern any arbitration conducted pursuant to these Terms. Either party may commence
arbitration by providing to JAMS and the other party to the dispute a written demand for
arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration
Demand”). To the fullest extent permitted by law, each of the parties agrees that any
proceeding, whether in arbitration or in court, will be conducted only on an individual basis and
not in a class, consolidated or representative action. If for any reason a claim proceeds in court
rather than through arbitration, each party knowingly and irrevocably waives any right to trial by
jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any
of the transactions contemplated hereby. The appointed arbitrator may award monetary
damages and any other remedies allowed by the state law designated above. In making his or
her determination, the arbitrator will not have the authority to modify any term or provision of
these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute
(the “Award”) to each party, who will promptly act in accordance the Award. Any Award
(including interim or final remedies) may be confirmed or enforced in any court having
jurisdiction, including any court having jurisdiction over either party or its assets. The decision of
the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.
Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the
attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility.
In any arbitration arising out of or related to these Terms, the arbitrators will award to the
prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in
connection with that aspect of its claims or defenses on which it prevails, and any opposing
awards of costs and attorneys’ fees awards will be offset. The parties will maintain the
confidential nature of the arbitration proceeding, the hearing and the Award, except as may be
necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be
necessary in connection with a court application for a preliminary remedy, or confirmation of an
Award or its enforcement, or unless otherwise required by any applicable law. Any documentary
or other evidence produced in any arbitration hereunder will be treated as confidential by the
parties, witnesses and arbitrators, and will not be disclosed to any third person (other than
witnesses or experts), except as required by any applicable law or except if such evidence was
obtained from the public domain or is otherwise obtained independently of the
arbitration. Miscellaneous: You warrant and represent to Us that you have all necessary rights,
power, and authority to agree to these Terms and perform your obligations hereunder, and
nothing contained in this Agreement or in the performance of such obligations will place you in
breach of any other contract or obligation. The failure of either party to exercise in any respect
any right provided for herein will not be deemed a waiver of any further rights hereunder. If any
provision of these Terms is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full
force and effect and enforceable. Any new features, changes, updates or improvements of the
Program shall be subject to these Terms unless explicitly stated otherwise in writing. We
reserves the right to change these Terms from time to time. Any material updates to these
Terms shall be communicated to you. You acknowledge your responsibility to review these
Terms from time to time and to be aware of any such changes. By continuing to participate in
the Program after any such changes, you accept these Terms, as modified.