Website Terms Of Use
Text Marketing Terms Of Use
WEBSITE TERMS OF USE
If you continue to browse and use this website you are agreeing
to comply with and be bound by the following terms and conditions of use, which
together with our privacy policy govern our relationship with you
in relation to this website.
The term "American Marketing & Publishing, L.L.C." or "HomePages®"
or "us" or "we" refers to the owner of the website whose registered office is 915
East Lincoln Hwy., DeKalb, IL 60112. The term "you" refers to the user or viewer
of our website
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The use of this website is subject to the following terms of use:
• The content of the pages of this website is for your general information and use
only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information and materials
found or offered on this website for any particular purpose. You acknowledge that
such information and materials may contain inaccuracies or errors and we expressly
exclude liability for any such inaccuracies or errors to the fullest extent permitted
by law.
• Your use of any information or materials on this website is entirely at your own
risk, for which we shall not be liable. It shall be your own responsibility to ensure
that any products, services or information available through this website meet your
specific requirements.
• This website contains material which is owned by or licensed to us. This material
includes, but is not limited to, the design, layout, look, appearance and graphics.
Reproduction is prohibited other than in accordance with the copyright notice, which
forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed
to the operator, are acknowledged on the website.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal
offence.
• From time to time this website may also include links to other websites. These links
are provided for your convenience to provide further information. They do not signify
that we endorse the website(s). We have no responsibility for the content of the
linked website(s).
• You may not create a link to this website from another website or document without
American Marketing & Publishing, L.L.C.'s prior written consent.
• Your use of this website and any dispute arising out of such use of the website
is subject to the laws of the State of Illinois and United States of America.
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TEXT MARKETING TERMS OF USE
Thank you for visiting our site at www.homepagesdirectories.com ("Website"). Use of and access to this
Website, including without limitation secure access to the text marketing platform described below
(the “Service†or “Servicesâ€), are subject to these terms and conditions of use (the “Termsâ€) as well as
our Privacy Policy.
The terms "American Marketing & Publishing, L.L.C." or "HomePages®" or "us" or “our†“Publisher†or "we"
refers to the owner of the website and provider of the Service, a limited liability company whose registered
office is 915 East Lincoln Hwy., DeKalb, IL 60115. The terms "you" and “your†refer to the viewer of the website,
or the user of the Service, including agents or employees of commercial entities utilizing the Service.
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Our mobile text messages are intended for recipients over
the age of 13 and are delivered via US shortcode 69302 or 36000, whichever one applies.
You might receive as many as 30 text alerts per month. Messaging & Data rates may apply.
This service is available for subscribers on AT&T, Verizon Wireless, Alltel, T-Mobile ®, Sprint and Nextel,
Virgin Mobile USA, Cellular One Dobson, Cincinnati Bell, Centennial Wireless, U.S. Cellular®, Boost, and others in the US.
Many international carriers are also supported. For help, text HELP to 69302 or 36000, whichever one applies, email ,
or call 1-800-579-0710. You may stop mobile subscription at any time by sending a text message STOP to short code 69302 or 36000,
whichever one applies in the US. Your phone must have text messaging capability.
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Overview
Your use of the Service is expressly conditioned upon your assent to these Terms and your full
acceptance and consent to be bound by these Terms. Please read these Terms carefully. As noted below,
HomePages® reserves the right to modify and update these Terms, from time to time, by posting any such
new or modified Terms to the Website.
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The Service
The Service consists of one or more of the following: a web-based text marketing platform for creating and
sending text messages to your opt in list, capturing and storing mobile numbers that have opted into your
list via the use of your keyword, providing automatic removal of mobile numbers that have asked to be
removed from your list, and access to an SMS gateway for distribution of messages to the appropriate mobile
operators. We provide MT (Mobile Terminated) outbound messages through various downstream providers and
routes, and the level of service and support for some special features varies according
to the specific route.
HomePages® only provides that the text messages you send through the Service are processed correctly and
delivered to the applicable mobile network. HomePages® is not responsible for the final delivery of the
message, as this is the responsibility of the mobile operators.
HomePages® sends and receives text messages via mobile network operators, and the timing of the broadcast
of those messages is subject to the constraints imposed by those operators. While HomePages® shall use
commercially reasonable efforts to deliver your messages as quickly as possible, we cannot guarantee,
nor commit to, a specific maximum delivery time. Actual delivery times will depend on the specific
policies and constraints of the various entities involved in the transmission of your messages across
the mobile network. HomePages® is not liable for any loss incurred by the failure of a message to be
delivered in a timely manner, or to be delivered at all, and you acknowledge that damages for financial
or other loss resulting from delivery failure cannot be claimed from HomePages® for any such failure.
You further agree that message contents are considered to have zero value.
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Usage Policy
Your list will contain only mobile numbers from individuals that have opted into your text marketing
program. You may request HomePages® to add additional mobile numbers in your possession to your list,
but such request must be accompanied with detailed documentation clearly demonstrating that the individuals
owning these numbers assented to receiving text messages from you. Furthermore, this documentation must
comply with the rules and regulations published by the MMA and other accepted industry guidelines for
opting into a text marketing program. Such requests, at the sole discretion of HomePages®, may be denied.
You acknowledge and agree that, should any individual directly contact you to request they be removed from
your list, that you shall remove their number through the Service, and that they will receive no further
messages from you.
You agree to abide by all the applicable local, state and national laws and regulations regarding text
marketing and are solely responsible for all acts or omissions that occur through your use of the Service,
including without limitation the content of your messages transmitted through the Service. Without limiting
the foregoing, you promise to acquaint yourself with the rules and regulations governing text messaging by
visiting the following websites:
• Mobile Marketing Association: http://mmaglobal.com/bestpractices.pdf
• Federal Trade Commission: http://www.ftc.gov
You promise to utilize the Service only in conformance with these standards.
When you subscribe to the Service, you will be assigned a unique username and password that will be used
to access the Service. It is your responsibility to maintain the confidentiality of those login
credentials, and you agree to notify HomePages® if you suspect that there has been unauthorized access
to your account, since any messaging activity that is deemed abusive, fraudulent or illegal may be grounds
for the termination of your user account and the recovery of damages at the sole discretion of HomePages®.
You accept that the Service is provided for professional use only, and you agree that your use of the
Service shall not include:
• Misrepresenting your identity in your text messages;
• Sending any message content that is unlawful, racist, harassing, libelous, abusive, threatening,
demeaning, libelous, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable;
• Sending any message content that may infringe upon the intellectual property rights of third parties;
• Attempting to gain unauthorized access to other accounts using the Service, or networks connected to
the Service, using password hacking or any other method; or
• Engaging in any other activity that HomePages® believes could subject it to criminal liability or civil penalty/judgment.
You agree that HomePages® is, under no circumstances, responsible for the contents and/or accuracy of your
messages and HomePages® will only transmit them on a basis of good faith that you use the Service in
accordance with these Terms. HomePages® is not responsible for the views and opinions contained in any of
your messages or broadcasts. HomePages® will not be liable for any misuse of the Service by you, or by
our reliance on the Service.
We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering
subject matter in the Service, including the web pages that are part of the Service. All copyrights,
trademarks, patents, trade secrets and other intellectual proprietary rights contained as part of the Service
are the sole property of HomePages® or its licensors, each of whom reserves all rights with regard to such
materials. You acknowledge and agree that you may not modify, alter, create any derivative works, reverse
engineer, decompile or disassemble any portion of the Service.
The Service automatically appends clear opt-out information at the end of all MT messages in a manner
compliant with and conforming to the rules and guidelines of the MMA. Any individual choosing to opt out
of your messages by replying STOP to a received message will automatically be removed from your list. If any
individual contacts you directly to request that they be removed from your text marketing list, it is your sole
responsibility to honor those requests and to remove them from your list, using the Service.
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Data Protection & Privacy
In order to ensure your compliance with these Terms and to ensure that HomePages® complies with local,
state, and national laws and industry best practice guidelines, we may, from time to time, randomly
monitor the messages that you send. Nonetheless, we are committed to maintaining the privacy of your
information, pursuant to our Privacy Policy provided on the Website.
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Credits
Credits are paperless vouchers that you purchase and which directly relate to the number of text messages
you can send during one billing period. The sending of a text message will cause an associated quantity
of credits to be debited from your account. You can, at any time, check the status of your credits
balance through the online interface of the Service.
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Credit Expiration
Credits purchased as a part of a package or monthly plan, and not used within one month following such
purchase, expire at the end of that month, unless the plan explicitly provides for roll-over of credits.
Individual one-time credits purchased through your account also expire within one month of the date of
purchase. Additionally, the value of credits may change over time (as noted below in the Price
Adjustments section), and thus you acknowledge that the number of credits needed to send a text
message may change correspondingly.
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Purchase of Credits; Payments
Your payment for credits shall be deemed completed when your credit card is charged by HomePages®. If
for any reason Publisher is not able to collect payment from the credit card on file for your account,
an attempt will be made to contact you, during which time the account will be suspended. If Publisher
is not able to elicit payment from you, your access to the Service will terminate effective immediately.
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Price Adjustment
As we are dependent on other downstream entities for the delivery of your messages, the price of our
credits may require adjustment in order to account for cost increases or decreases from those entities.
Accordingly, we may adjust our prices from time to time without prior notice. Any adjustment to the
pricing will be posted on the Website and will take effect at the start of the next billing cycle.
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No Warranty; Limitation of Liability
You acknowledge that text messages are not encrypted and that the electronic intercept of text messages
by third parties is possible.
HomePages® shall use commercially reasonable efforts to make access to the Service available through the
required access protocols, but makes no warranty or guarantee that (i) the Service will be available at
any particular time; or (ii) you will be able to access the Service at any particular time or from any
particular location. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND SERVICE
ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR
IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS,
HOMEPAGES® DOES NOT WARRANT THAT THE USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THAT THE
WEBSITE OR SERVICE WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS, OTHER THAN AS MAY BE EXPRESSLY SET FORTH
IN THESE TERMS. HOMEPAGES® MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER
REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN,
WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE
OF PERFORMANCE OR USAGE OF TRADE.
HOMEPAGES® SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS,
LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION
OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION
WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE WEBSITE OR THE SERVICE RESULTS IN
THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE OR DATA, HOMEPAGES® IS NOT RESPONSIBLE FOR THOSE
COSTS. HOMEPAGES®' TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE FOR DIRECT DAMAGES
SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU IN THE
MONTHLY PERIOD GIVING RISE TO THE FIRST CLAIM MADE.
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User Warranties; Indemnification
You warrant and represent to HomePages® that you are and shall at all times remain in full compliance
with these Terms all applicable laws, rules and regulations with regard to your use of the Website and
Service, including without limitation the CAN-SPAM Act (Controlling the Assault of Non-Solicited
Pornography and Marketing Act) of 2003, the guidelines published by the Mobile Marketing Association
at www.mmaglobal.com/bestpractices.pdf, and all
other local, state, and national laws and regulations concerning privacy and text messaging.
You agree to indemnify, hold harmless, and defend HomePages® and its affiliates and each of their
respective officers, directors, shareholders, employees, agents, representatives, content providers
and service providers, against any and all claims, liabilities, damages, costs and expenses
(including, but not limited to, consequential damages, incidental damages, special damages, attorneys'
fees and disbursements) arising from or relating to any actual or threatened claim, suit, action or
proceeding based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by
you, or an account or computer owned by you, of the Website or Service. You agree to cooperate as
fully as reasonably required in the defense of any claim and we reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge and agree to be held liable for any and all damages caused to HomePages® by you as a
direct result of a violation of local, state, or national laws and regulations.
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Modification of Terms
We periodically make updates and modifications to improve the Service and some changes may require an
update or revision to these Terms. We reserve the right to change or discontinue any aspect or
feature of the Service, as well as modify, change and/or update these Terms, from time to time,
as we deem appropriate. Any updates to these Terms shall be posted on this Website, from time to time.
When such updates to the Terms are posted on the Website, you will be notified of such updates upon
your next login to the Service, and you will have to assent to those changes before proceeding with
the Service. If you do not agree with any such changes, your use of the Service may be cancelled in
accordance with the procedures for cancellation set forth herein.
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Termination, Cancellation and/or Suspension by HomePages®
If, at any time, you breach these Terms, we may elect to suspend, terminate and/or cancel your use of
the Service and/or recover any damages from you arising from the event(s) giving rise to the suspension,
termination or cancellation. Upon any such termination, cancellation and/or suspension, you are still
responsible for any obligations then accrued. Since the Service is pre-paid, accrued obligations will
be limited to any credit overages incurred on your account. Your obligation to pay all amounts accrued
and owed by you shall continue even after any suspension, termination or cancellation of your access
to the Service (in whole or in part). Upon such termination or cancellation, for any reason, your
access to the Service will be disabled, and HomePages® shall have no obligation to you after any
termination or cancellation of these Terms.
Should such a termination or cancellation take place when you still have credits in your account, you
shall forfeit such credits, and also be responsible for any expenses that may be incurred by HomePages®,
including, without limitation, for legal costs, third-party costs, or penalties.
We also reserve the right to suspend, terminate or cancel your access to or utilization of Service at
any time for any reason in our sole discretion. In such a situation, your access to the Service will
be disabled, and HomePages® shall have no obligation to you after any termination or cancellation of
these Terms, except that if and to the extent you still have credits in your account, HomePages® shall
within thirty days refund the amount of such pre-paid credits.
The provisions regarding ownership, payments, warranties and indemnifications will survive any
suspension, termination or cancellation of your use of the Services or Website.
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Termination by the User
You are free to terminate or cancel your use of the Service at any time, and for any reason, provided
that you notify us, in writing, of any such termination or cancellation not later than seven days prior
to the auto-renewal date. Such notification shall be sent to American Marketing & Publishing, LLC,
915 E. Lincoln Hwy, Dekalb, IL 60115, Attn: Text Marketing Director or via e-mail to
TextSupport@HomepagesDirectories.com.
Notwithstanding the foregoing, unless due to a breach solely by HomePages® that it fails to cure
within thirty (30) days of its receipt of your written notice, in no event shall HomePages® be
obligated to refund to you the reasonable value of any unused credits previously purchased by you.
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Links
From time to time this website may also include links to other websites. These links are provided for
your convenience to provide further information. They do not signify that we endorse the website(s).
We have no responsibility for the content of the linked website(s). You may not create a link to this
Website from another website or document without our prior written consent.
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Security Rules
You are prohibited from violating or attempting to violate the security of the Website and Service and
from using the Website and Service to violate the security of other websites by any method. Violations
of system or network security may result in civil or criminal liability. HomePages® may investigate
violations of these Terms and Conditions, and may involve and cooperate with law enforcement authorities
in prosecuting users of the Website who are involved in such violations.
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Force Majeure
HomePages® shall not be liable for any failure or delay in performing its obligations hereunder, which
such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war,
insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability
of any telecommunications facilities, power failure, governmental restrictions, any court order,
compliance with any law, regulation, or order of any governmental authority, or any other cause beyond
the reasonable control of HomePages®. In addition, HomePages® shall be so excused in the event it is
unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary
for the performance of the Service.
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Miscellaneous
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 these Terms
will otherwise remain in full force and effect and enforceable.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not
have any authority of any kind to bind HomePages® in any respect whatsoever. All notices required hereunder
shall be in writing and will be deemed to have been duly given when received, if personally delivered;
when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent,
if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by
certified or registered mail, return receipt requested. HomePages® may give notice to you by means of a
general notice on the Website or Service, electronic mail to your e-mail address on record in HomePages®'
account information, or by written communication sent by personal delivery, fax, overnight courier, or
certified or registered mail to your address on record in HomePages®' account information.
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois
notwithstanding its laws governing conflicts of laws. The parties agree that any action or proceeding
brought to defend the rights or enforce the obligations of a party hereto shall be brought in the 16th
Judicial Circuit Court in DeKalb County, Illinois. In any action or proceeding to enforce rights or
recover damages under these Terms, HomePages®, if the prevailing party, will be entitled to recover from
you all legal costs, including reasonable attorneys' fees.
The terms and conditions of Service are only those stated herein, which shall constitute the complete
agreement between the parties.
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Copyright and Trademark Notices
All trademarks reproduced in this website, which are not the property of, or licensed to us, are
acknowledged on the website.
Last updated December 2010
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