Online Service for Registered Member/User/Customer. By using the Oneyellow.com website
you agree to these terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this website. We reserve
the right, at any time, to modify, alter, or update the terms and conditions of
this agreement without prior notice. Modifications shall become effective immediately
upon being posted at Oneyellow.com website. Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance of the Agreement
and its modifications. Except as provided in this paragraph, this Agreement may
not be amended.
THIS IS A SOLICITATION FOR ONLINE YELLOW PAGES AD, NOT YOUR PRINT YELLOW PAGES BILL.
YOU ARE UNDER NO OBLIGATION TO PAY THE AMOUNT STATED UNLESS YOU ACCEPT THIS OFFER.
Oneyellow.com is an online yellow pages publication only. We are not affiliated
with AT&T, Verizon or any Bell company or your local telephone service. Oneyellow.com
does not print yellow pages books or distribute them to your area. If you currently
advertise in your local phone book and accept this offer, this yellow pages online
ad will be in addition to your existing yellow pages advertising. This is an internet
only, online yellow pages advertising solicitation. All paid ads are subject to
monthly automatic renewals. Since we do not print our directory cancellations can
be made anytime. Oneyellow.com warrants only that the listing be published in our
online yellow pages directory and no other warranty, express or implied, including
the warranty of merchantability or of fitness to a particular purpose is made or
represented. Oneyellow.com disclaims any responsibility for consequential and/or
special damages. Oneyellow.com's liability is limited to listing charges for the
published listing. This agreement will be governed by the laws of Commonwealth of
1. Description of Service
Oneyellow.com is providing Member/User/Customer with online directory. Member/User/Customer
must provide (1) all equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Member/User/Customer’s access to the Internet,
and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by Oneyellow.com on an “as is” and on an “as available” basis.
To the fullest extent permitted by applicable law, Oneyellow.com makes no representations
or warranties of any kind, express or implied, regarding the use or the results
of this web site in terms of its correctness, accuracy, reliability, or otherwise.
Oneyellow.com shall have no liability for any interruptions in the use of this Website.
Oneyellow.com disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Oneyellow.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
ONEYELLOW.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT
OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH
DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR
OTHERWISE, EVEN IF ONEYELLOW.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
Member/User/Customer agrees to indemnify and hold Oneyellow.com, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to or arising
out of Member/User/Customer’s use of the Service, the violation of this Agreement,
or infringement by Member/User/Customer, or other user of the Service using Member/User/Customer’s
computer, of any intellectual property or any other right of any person or entity.
5. Member/User/Customers Account
All Member/User/Customers of the Service shall receive a password and an account.
Member/User/Customers are entirely responsible for any and all activities which
occur under their account whether authorized or not authorized. Member/User/Customer
agrees to notify Oneyellow.com of any unauthorized use of Member/User/Customer’s
account or any other breach of security known or should be known to the Member/User/Customer.
Member/User/Customer’s right to use the Service is personal to the Member/User/Customer.
Member/User/Customer agrees not to resell or make any commercial use of the Service
without the express written consent of Oneyellow.com.
6. Modifications and Interruption to Service
Oneyellow.com reserves the right to modify or discontinue the Service with or without
notice to the Member/User/Customer. Oneyellow.com shall not be liable to Member/User/Customer
or any third party should Oneyellow.com exercise its right to modify or discontinue
the Service. Member/User/Customer acknowledges and accepts that Oneyellow.com does
not guarantee continuous, uninterrupted or secure access to our website and operation
of our website may be interfered with or adversely affected by numerous factors
or circumstances outside of our control.
7. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the content located
and privacy policies of each site, and we are not responsible therein. We encourage
all Member/User/Customers to review said privacy policies of third-parties’ sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While Oneyellow.com makes every effort
to ensure that the information on this website is accurate, we can make no representations
or warranties as to the accuracy or reliability of any information provided on this
Oneyellow.com makes no warranties or representations whatsoever with regard to any
product provided or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall be at your own risk.
9. Governing Jurisdiction of the Courts the Commonwealth of Massachusetts
Our website is operated and provided in the Commonwealth of Massachusetts. As such,
we are subject to the laws of Commonwealth of Massachusetts, and such laws will
no representation that our website or other services are appropriate, legal or available
for use in other locations. Accordingly, if you choose to access our site you agree
to do so subject to the internal laws of Commonwealth of Massachusetts.
10. Compliance with Laws
Member/User/Customer assumes all knowledge of applicable law and is responsible
for compliance with any such laws. Member/User/Customer may not use the Service
in any way that violates applicable state, federal, or international laws, regulations
or other government requirements. Member/User/Customer further agrees not to transmit
any material that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state, national,
or international law or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2005 Oneyellow.com, will
all rights reserved, or is the property of Oneyellow.com and/or third parties protected
by intellectual property rights. Any use of materials on the website, including
reproduction for purposes other than those noted above, modification, distribution,
or replication, any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an authorized officer
of Oneyellow.com is strictly prohibited. Member/User/Customers agree that they will
not use any robot, spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without prior written permission
of an authorized officer of Oneyellow.com.
Oneyellow.com™ and Oneyellow.com™ are proprietary marks of Oneyellow.com. Oneyellow.com’s
trademarks may not be used in connection with any product or service that is not
provided by Oneyellow.com, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Oneyellow.com.
All other trademarks displayed on Oneyellow.com’s website are the trademarks of
their respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Oneyellow.com.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, Oneyellow.com designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Email: firstname.lastname@example.org
Oneyellow.com retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are used as command
and control points for botnets, Oneyellow.com reserves the right to direct the involved
hostnames to a honeypot, loopback address, logging facility, or any other destination
at our discretion.
14. Other Terms
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
herein may be assigned by Oneyellow.com, in our sole discretion, to a third party
in addition to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a Member/User/Customer. Member/User/Customer
to the use and disclosure of their personally identifiable information and other