Terms of Use & Privacy Policy

Effective: June 1, 2023

These Terms of Use & Privacy Policy contain an arbitration provision. Please review the Arbitration section for details.

These Terms of Use & Privacy Notice ("Terms") govern your use of this website (collectively, the "Site"). Thryv, Inc. ("Thryv", "we", or "us") provides the Site. "You" refers to you as a user of the Site.

BY USING THE SITE, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.

This Site allows you to claim or create your business listing with Yahoo Holdings Inc. ("Yahoo") and Thryv. You acknowledge and agree that any personal information you provide associated with such business listing is being submitted to both Yahoo and Thryv and is subject to Section 4, Privacy.

1. Eligibility

You must be at least 18 years old to use the Site.

2. Content and Feedback

2.1 Your Content. This Site allows you to submit or generate information and other content (collectively, "User-Provided Content"). All User-Provided Content must comply with the User-Provided Content Guidelines found in Section 2.2 below. When you submit any User-Provided Content, you retain ownership of any intellectual property rights that you hold in such content, subject to the grant of license in this Section. By uploading, posting or otherwise submitting User-Provided Content in connection with your use of the Site, you grant Thryv, Inc. (and its affiliates, distributors, licensees, partners and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to host, store, modify, use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit User-Provided Content unless you have the right to grant the foregoing license for such content.

2.2 User-Provided Content Guidelines

IF YOU SUBMIT USER-PROVIDED CONTENT, THEN THE FOLLOWING TERMS APPLY TO YOU.

2.2.1 We reserve the right, but do not assume the obligation, to refuse to post or remove any User-Provided Content that violates the Publication Standards set forth in Section 2.2.2, in our sole and absolute discretion.

2.2.2 Publication Standards. You represent and warrant that you will not provide any of the following content with your business listing information:

1. Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, or racially, ethnically or otherwise objectively inappropriate material of any kind, including, but not limited to, content or images related to child abuse, human trafficking, sex trafficking, prostitution, excessive violence, or any content that encourages or incites a third party to engage in conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
2. False, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings or unsupported health claims;
3. Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;
4. Any content that is inappropriate or inaccurate based on the applicable subject matter, location or topic;
5. Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right, or privacy rights, of any party;
6. Any content that involves unlawful advertising for or promotes unlawful use or sale of alcohol, tobacco, controlled or illegal substances, or weaponry, gambling, casinos, off-track betting, online gambling, or other gambling of any form, or that promotes or has a connotation with any illegal activity; and
7. Content that violates and law or regulation;
8. Content that violates any publication or business standards or policies of Thryv, Inc. as determined by us in our sole discretion.

2.3 Feedback. If you submit ideas, suggestions, or anything else about the Site (such as ways to improve the Site) to us, you agree that we can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to us in which you do not wish to grant such rights.

3. Ownership

Apart from User-Provided Content, we (or our licensors, including Yahoo) own or license all right, title, and interest in and to (a) the Site, including all software, text, media, and other content available on the Site ("Our Content"); and (b) the trademarks, logos, and brand elements ("Marks"). The Site, Our Content, and Marks are all protected under U.S. and international laws and may not be used without express written permission from the respective owner. The look and feel of the Site are copyright © Thryv, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Thryv, Inc.

4. Privacy

Your information privacy is important to us. This Section explains the privacy policies that apply when you use this Site. This Privacy Section applies to all users of the Site.

BY USING THE SITE, YOU ARE CONSENTING TO THE PRIVACY POLICIES OF YAHOO AND THRYV.

You acknowledge and agree that by using this Site, the data and personal information you knowingly provide, or which may be collected passively from you (e.g., through tracking technologies) when you use the Site (collectively, "Your Information"), is being collected by each of Yahoo and Thryv for their independent purposes. The collection, use, disclosure, retention, and processing of Your Information by each of Yahoo and Thryv is subject to each company's respective privacy policy.

Yahoo's and Thryv's corresponding privacy policies are listed below.

5. Termination

We reserve the right to not provide the Site to any person. We also reserve the right to terminate any user's right to access the Site at any time, in our discretion. If you violate any of these Terms, your permission to use the Site automatically terminates.

6. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THRYV AND YAHOO AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THRYV AND YAHOO AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. THRYV AND YAHOO AND THEIR RESPECTIVE AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THRYV OR YAHOO OR THEIR RESPECTIVE AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THRYV'S AND YAHOO'S AND THEIR RESPECTIVE AFFILIATES' TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US, IF ANY, DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS).

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

7. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Thryv and its Affiliates, licensors and licensees, including Yahoo and its Affiliates, from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

8. Arbitration Agreement & Waiver of Certain Rights

Except as set forth below, you and we agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a "Claim") through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to these Terms. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at 2200 West Airfield Dr., PO Box 619810, DFW Airport, TX 75261, Attn: Chief Legal Officer. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us.

Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

9. Marketing Contacts

If you have provided a phone number, mobile phone number and/or email address for contact purposes, you consent to receiving commercial and transactional telephonic or electronic correspondence from Yahoo and Thryv at such number or address via phone call, email, or text, including via auto-dialer or recorded message. To opt out of such communications, follow opt-out or unsubscribe instructions included in the text message or email. For more information, see Thryv's and Yahoo's privacy policies, as made available in Section 4.

10. Usage Restrictions

You agree that you will not:

• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• use any means to scrape or crawl any website pages contained in the Site;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Site;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

11. Other Provisions

Notwithstanding anything to the contrary, although Yahoo is not responsible for providing the Site to you, Yahoo is an intended third-party beneficiary of these Terms.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature arising from or relating to these Terms or the Site will be filed only in the state or federal courts located in Dallas County, Texas. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

12. Changes to these Terms

From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site, you are agreeing to the revised Terms.

PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.