Legal › Terms of Service

Last Updated: October 11, 2013

WhitePages, Inc. provides the Mr. Number website (the “Site”) and the Mr. Number mobile application (the “Mr. Number Mobile App”). These Terms of Service govern your access to and use of the Site, the Mr. Number Mobile App, and any information, text, graphics, or other materials appearing on the Site or made available to you via the Mr. Number Mobile App (the “Mr. Number Content”) (any and all of the foregoing sites, information, content, services or software, sometimes referred to as the “Mr. Number Service”). Please read them carefully. By accessing or using the Mr. Number Service, you agree to be bound by these Terms of Service whether you are an App User (as defined below), a Site User (as defined below) or a visitor just browsing the Site (collectively, the “Mr. Number Users”).

For convenience we use the following definitions:

“App User” means any individual who installs the Mr. Number Mobile App on his or her mobile phone.

“Mobile Phone Data” means any data that you choose to upload to the Mr. Number Service or that may be accessed by us via the Mr. Number Mobile App on your mobile phone, including your name, mobile phone number, unique user ID, call logs and information in your contacts.

“Site User” means an individual who may not have the Mr. Number Mobile App downloaded to his or her phone but has submitted or modified his or her Caller ID Data (as defined below) to the Mr. Number Service so that information can be made available to App Users.

“Caller ID Data” means any information displayed in Mr. Number’s Caller ID results, including but not limited to name, phone number and other contact details.

“Third Party Database” means a public or proprietary database controlled, hosted or maintained by a third party which the Mr. Number Service may access from time to time to provide Mr. Number Users with the Mr. Number Service. We cannot modify or remove information from Third Party Databases.

“User Data” means the Mobile Phone Data, Caller ID Data and any other data or information that Mr. Number Users may submit or upload to the Mr. Number Service or share in connection with their use of the Mr. Number Service or other applications or websites accessed via the Mr. Number Service.

1. License

Eligibility. You must be thirteen (13) years or older to use the Mr. Number Service (either the Site or the Mobile App). If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent to use the Mr. Number Service.

Limited License. Unless otherwise indicated, the Mr. Number Service and Mr. Number Content are proprietary to us or our affiliates or licensors, and are protected by U.S. and international intellectual property laws. Except as otherwise provided, subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the Mr. Number Service, (ii) cause the Mr. Number Content to be displayed from a single computer or mobile device and (iii) use the Mr. Number Content, solely as permitted under this Agreement (the “License“). WhitePages and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.

Restrictions. You will comply with all laws, including without limitation, U.S. export control laws, applicable to your use of the Mr. Number Service. You agree not to do any of the following:

Post, publish, or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

Access, tamper with, or use non-public areas of the Site, Mr. Number’s computer systems, or the technical delivery systems of Mr. Number’s providers;

Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

Attempt to access or search the Site, Mr. Number Content, or User Data with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by Mr. Number or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);

Send unsolicited email, junk mail, “spam,” chain letters, or promotions or advertisements for products or services

Obscure or disable any advertisements that may appear on or through the Mr. Number Service;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Mr. Number Content, the Mr. Number Service, or User Data to send altered, deceptive, or false source-identifying information;

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Mr. Number Service or User Data;

Copy (except in the course of loading or installing) or modify the Mr. Number Mobile App, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Mr. Number Mobile App;

Transfer, sublicense, lease, lend, rent or otherwise distribute the Mr. Number Mobile App to any third party;

Make the functionality of the Mr. Number Mobile App available to multiple users through any means, including but not limited to by uploading the Mr. Number Mobile App to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services;

Interfere with, or attempt to interfere with, the access of any User, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or

Falsely state, impersonate, or otherwise misrepresent your identity or your affiliation with any person or entity.

Mr. Number will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Mr. Number may involve and cooperate with law enforcement authorities in prosecuting Mr. Number Users who violate these Terms of Service. You acknowledge that Mr. Number has no obligation to monitor your access to or use of the Site, Mr. Number Content, the Mr. Number Service, or User Data, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Termination of License. We may revoke or terminate the License granted above in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Mr. Number Service, Mr. Number Content, or any other service offer by us (WhitePages), or (iii) use the Mr. Number Service or the Mr. Number Content other than as specifically authorized in this Agreement, without our prior written permission.

Termination of Service. We may discontinue, terminate, suspend or shut down the Mr. Number Service at any time and for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Mr. Number Service or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action, your License shall automatically terminate with respect to the Mr. Number Service and you must immediately stop using it.

2. Information

Privacy. We are committed to protecting your privacy. The personal information you provide to us as part of the Mr. Number service is governed by our Privacy Policy. Please read it carefully to understand our information practices before using the Mr. Number Service.

Adding and Removing Caller ID Data. As a Site or App User you may add your Caller ID information so that it appears to App Users via Mr. Number’s Caller ID service. If you want to subsequently modify or remove the Caller ID Data that you added so that it no longer appears to App Users, you may do so as well. Go to http://mrnumber.com/profile and follow the instructions.

Note that removing your Caller ID Data does not mean that your name and phone number will be deleted from our databases or Third Party Databases that may already have such information, but it does mean that your name will no longer appear in Mr. Number Caller ID results. Please note that Mr. Number allows users to automatically decline calls or delete text messages from people who block or remove their Caller ID Data.

Without limiting any other terms of these Terms of Service, Mr. Number does not honor removal or modification requests from entities, businesses or individuals that engage in making unsolicited sales or marketing calls or other types of unwanted calls and communications as flagged as “spam” by our systems. In these cases, the names of unwanted callers will remain available to Mr. Number Users.

Content You Provide or Transmit. In the course of using the Mr. Number Service, you may transmit or otherwise make available certain content (including information about yourself) to us and other Mr. Number Users. Unless otherwise stated in this Agreement or our Privacy Policy, by submitting such content, you represent and warrant that: (i) you are at least eighteen (18) year old; (ii) you own and control all rights to the content you transmit or otherwise make available, or you have the lawful right to distribute, reproduce, and provide such content; (iii) such content is accurate and not misleading; and (iv) transmission or providing such content does not: (a) violate these Terms of Service or (b) violate the rights of, or cause any injury to, any person or entity. Further, you grant us a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such content. Also, you understand and agree that we retain the right to reformat, excerpt or translate any content provided or transmitted by you. Any content provided or transmitted by you will be treated in accordance with our Privacy Policy [link]. We have no obligation to monitor content you provide or transmit; however it does reserve the right to monitor and review any content you provide or transmit, and to edit or refuse to post any such content, in whole or in part, in its sole discretion. In the event that you lose rights to any content you provide or transmit for any reason, you hereby agree that you will use the relevant service to remove such content. You understand and agree that WhitePages will not be liable for any content, publicly posted or privately transmitted on the Mr. Number Service. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using the Mr. Number Service. Additionally, we cannot guarantee that any content, obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.

Feedback. Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the Mr. Number Service or any other products or services of WhitePages (collectively, “Feedback”), is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.

3. Mr. Number Features

Call and Text Blocking. Once you download the Mr. Number Mobile App to your mobile phone, you can choose to decline calls and texts from specific numbers and/or numbers designated by the Mr. Number Service as “spam” (such service, “Blocking”). The Mr. Number Service will automatically send calls subject to Blocking directly to voicemail or will cause the call to be terminated and/or the text deleted, as applicable. Please note that blocking may not work on every mobile phone or operating system.

Reverse Lookup. When you install the Mr. Number Mobile App on your mobile phone, you may also use the Mr. Number Service to look up a phone number that you may not recognize by entering that number into Mr. Number’s reverse lookup feature (“Reverse Lookup”). Once you enter the number into Reverse Lookup, Mr. Number will look up the number in its database and/or Third Party Databases and, if available, will return the name of the person or business associated with that phone number.

Caller ID and Spam. As an App User, when you receive a call or text message on your phone from a number that is not in your phone contacts, the Mr. Number Service will automatically look up the number and, if available, will return the name of the person or business that is trying to reach you or will designate the caller as a “spammer”. In addition, Mr. Number provides a Web site and mobile site that allows Mr. Number Users to look up phone numbers to determine whether a telephone number may be considered a spammer. Based on a pattern of calling and/or texting and publicly available information, our proprietary systems may be able to determine the character of certain calls and texts as unwanted by Mr. Number User

4. Billing and Fees

Mr. Number is free for most users. Fees and payment terms, if any, depend on the type of phone that you use, your wireless service provider (“Wireless Provider”), the extent to which you use Reverse Lookup, and the Google Wallet terms of service. Fees and payment terms that may be charged by Mr. Number, if any, are always displayed before you are asked to provide a means of payment.

You represent that you are the owner or authorized user of the wireless device you use to access the Mr. Number Mobile App and that you are authorized to approve any and all applicable charges. You agree and acknowledge that your Wireless Provider’s standard message and data rates may apply in addition to any Mr. Number fees.

Without limiting any other terms of these Terms of Service, Mr. Number may change fees and charges in effect, or add new fees and charges from time to time, but you will always know the fees that may be charged before you are asked to provide payment

5. Third Party Links

We may, as a convenience to Mr. Number Users, make links to third-party Web sites or resources available on or through the Mr. Number Service. In addition, we may access your accounts for third-party services. We do not make any representation, warranty or guarantee regarding any third party Web sites, resources, and services. We are not responsible or liable for: (i) the availability, functionality, or accuracy of such third-party Web sites, resources, or services; (ii) the information, content, products, or services on or available therefrom; or (iii) any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on such third-party Web sites, resources, or services or the information, content, products, or services on or available therefrom. Access to such third-party Web sites, resources or services does not imply any endorsement by us. You acknowledge sole responsibility for and assume all risk arising from your use of any thirty-party Web sites, resources or services, as well as all responsibility and risk related to any terms and conditions or other agreements which govern such thirty-party Web sites, resources or services.

6. Mr. Number Intellectual Property

All content included on this Web site, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WhitePages or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Web site is the exclusive property of WhitePages and protected by U.S. and international copyright laws. The Mr. Number Service and Mobile App are also copyrighted works of WhitePages.

Any rights not expressly granted herein are reserved by WhitePages.

Trademarks. MR NUMBER, the Mr. Number logo and other graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of WhitePages or its affiliates in the U.S. and/or other countries. WhitePages’ trademarks and trade dress may not be used in connection with any product or service that is not WhitePages’ in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WhitePages. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.

Notification of Claimed Infringement. We strive to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the Mr. Number Content available on or through the Mr. Number Service infringes upon any copyright you own or control, or that any link made available on or through the Mr. Number Service directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an “Infringement Notice”). An Infringement Notice must be in writing (sent by fax or regular mail – not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.

To expedite our ability to process an Infringement Notice, please provide the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you believe is being infringed;
A description of the location of the material that you believe is infringing the copyrighted work;
Your contact information (please include 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; and
A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf.

Sign the Infringement Notice and send the written communication to Focal PLLC; Attn: Venkat Balasubramani; 800 Fifth Avenue, Suite 4100, Seattle, WA 98104; Fax: (206) 260-3966.

7. Disclaimer; Limitation of Liability; Indemnity

DISCLAIMER OF WARRANTY. THE SITE, MR. NUMBER CONTENT, MR. NUMBER SERVICE AND ANY USER DATA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE MR. NUMBER SERVICE AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE MR. NUMBER SERVICE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MR. NUMBER AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE MR. NUMBER SERVICE.

WITHOUT LIMITING THE FOREGOING, NEITHER MR. NUMBER NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE “MR. NUMBER PROVIDERS”) REPRESENT OR WARRANT (I) THAT THE MR. NUMBER SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE MR. NUMBER SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE MR. NUMBER SERVICE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION AVAILABLE ON OR THROUGH THE MR. NUMBER SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE MR. NUMBER SERVICE IS NON-INFRINGING.

SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY OF THE MR. NUMBER PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE MR. NUMBER SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE MR. NUMBER SERVICE, (II) ANY INABILITY TO USE THE MR. NUMBER SERVICE FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY OFFERINGS, IN EACH CASE EVEN IF THE MR. NUMBER PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MR. NUMBER PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE MR. NUMBER SERVICE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WHITEPAGES FOR ACCESS TO OR USE OF THE MR. NUMBER SERVICE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification Obligations. You agree to hold harmless, defend and indemnify Mr. Number and the Mr. Number Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any of the Mr. Number Service, including, without limitation, any actual or threatened suit, demand or claim made against any Mr. Number Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; (iii) your use of any of the Mr. Number Service; or (iv) any content that you store on or transmit through the Mr. Number Service. Mr. Number may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Mr. Number in such event.

8. Miscellaneous

Notices. We may provide you notice of changes or any other matter by displaying notices to you generally through the Mr. Number Service or, at our option, by using any contact information you have provided to us through the Mr. Number Service. You agree that notice by the foregoing means shall be deemed complete when transmitted. All notices to us (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to:

WhitePages, Inc.
Attn: Legal Department
1301 Fifth Ave, Suite 1600
Seattle, WA 98101

Time Limitation on Claims and Causes of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service or your use of the Mr. Number Service or Mr. Number Content must be filed within one year after such claim or cause of action arose. Any claim not filed within the foregoing one year period shall be forever barred.

Severability. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

Governing Law; Venue. YOUR USE OF THE MR. NUMBER SERVICE, MR. NUMBER CONTENT AND USER DATA SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE OFFERINGS OR MATERIALS. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

U.S. Government End Users. The Mr. Number Mobile App and any documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Mr. Number Mobile App and documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Mr. Number Mobile App and documentation will be only those specified in these Terms of Service.

Modification. Mr. Number reserves the right to revise these Terms of Service at any time by posting a revised Terms of Service on this Web site or making such revised Terms of Service available through the Mr. Number Service. If we make material revisions to these Terms of Service, we will use the date at the top to indicate the date it was last revised. The revised Terms of Service will be effective immediately upon its being posted on this Web site or being made available through the Mr. Number Service. Your use of the Mr. Number Service following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review these Terms of Service each time you use the Mr. Number Service to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in these Terms of Service, you must immediately terminate your use of the Mr. Number Service.

You acknowledge that Mr. Number may choose to issue modified or upgraded versions of the Mr. Number Mobile App and may elect to do so automatically and electronically. You hereby agree and consent to such automatic upgrades and acknowledge that these Terms of Service and our Privacy Policy [hyperlink] will apply to any and all such upgrades, unless such upgrade is accompanied by a separate license.

Entire Agreement. These Terms of Service and the Privacy Policy [hyperlink] are the entire and exclusive agreement between Mr. Number and you regarding the Site, Mr. Number Content, the Mr. Number Service (including but not limited to the Mr. Number Mobile App), and User Data. These Terms of Service supersede and replace any prior agreements between Mr. Number and you regarding the Site, Mr. Number Content, Mr. Number Service, and User Data.

If you have any questions about these Terms of Service, please contact Mr. Number at legal@mrnumber.com.