M1 Data & Analytics Terms and Conditions

Effective Date: January 30, 2007

We invite you to browse our web site and make use of the resources you find on its pages. Before doing so, please read this Agreement carefully. Your access to and use of this site and the data we supply are subject to the terms and conditions ("Terms and Conditions") stated here as well as all applicable laws. By accessing or using this site, you (the "Customer") agree to be bound by this Agreement.

1.       Grant.   

By accepting these Terms and Conditions M1 Data & Analytics ("M1 Data") a division of Metro One Telecommunications, Inc ("Metro One") hereby grants and Customer hereby accepts and receives a limited, non-transferable, non-exclusive license ("License") to use and browse this web site and to access the M1 Data proprietary National Database and search engine ("Database") at such times as the Database is generally available and to use the data retrieved, subject to the terms of this License. The Database, data contained therein, and all right, title and interest thereto, including all trademarks, trade secrets, and copyrights therein, are and shall remain the exclusive, proprietary and confidential information and property of M1 Data. All information contained on the pages of this site should be considered property of M1 Data unless otherwise noted. Customer may not pledge, assign or in any way transfer any rights therein.

2.       Restrictions.

Customer shall adhere to the restrictions set forth below:

a)       M1 Data will provide data on a per transaction basis. Customer shall have the right to use the data retrieved from M1 Data's Database as described herein. Non-published directory assistance listings, per M1 Data data license agreements, are excluded from the Database. Customer will not (a) publish, transmit or disseminate in any form or by any means, the Database in total; (b) allow any third party to access the Database (c) use the Database with, or to provide, any service bureau, timesharing, or other data processing service; (d) interrupt or tamper with the database in any way or interfere with M1 Data's ability to do business with other Customers; (e) use the data retrieved to create and publish any printed or electronic directory; (f) use information in a harmful manner or otherwise misuse the Database; or (g) otherwise use the Database in any way that may infringe any copyright or proprietary interests of M1 Data. Customer shall reasonably establish and enforce procedures to ensure that Customer can control and account for access to the Database. This Agreement does not alter in any way the terms or conditions of any other agreement with the Customer and M1 Data for other products or services.

b)       Customer agrees that it will use the Database and data provided under this License in a manner which complies with all federal, state and local laws.

c)       Customer represents that its purpose of use is to access information in order to locate and/or contact specific individuals or businesses.

d)       Customer is responsible for protecting its account access and shall be responsible for all charges made from this account whether or not Customer has authorized such usage. Customer will immediately notify M1 Data it Customer's account access information has been stolen or compromised.

e)       Customer acknowledges that M1 Data will monitor Customer's account usage to confirm that Customer is in compliance with the Restrictions under this License and that unusual Customer activity in its account indicating excessive repetitive queries or excessive usage levels, for example, will give rise to M1 Data's right to terminate this License.

f)       Customer acknowledges that the U.S. Federal government, certain states and self-regulatory bodies may have specific restrictions on telemarketing activities. Customer agrees it will comply with all federal and state telemarketing laws and regulations including those relating to “Do Not Call” requirements.

3.       Availability.  

Customer acknowledges that this site is provided on an "as is" basis and that certain mechanical or software failures may render an electronic transmission medium unavailable for periods of time. M1 Data may not be able to provide advance warning to Customer of such downtime. M1 Data shall make a reasonable attempt to provide Customer with advance notice of downtime.

4.       Termination.  

M1 Data may terminate this License at any time for any reason upon providing 24 hour written/electronic notice. In the event M1 Data terminatesthis License, it will not incur any liability to you. M1 Data may terminate this Agreement immediately, or any part of the Services immediately, in the event you breach any obligation hereunder.

5.       Credit Card Billing & Eligibility Credit Check.  

By accepting these Terms and Conditions you have provided M1 Data permission to bill for your Services through your credit card. You authorize M1 Data to investigate and validate your credit history and credit worthiness through available credit card and other standard industry verification procedures. In order to confirm that your credit card is valid, we submit a request for authorization to your credit card company. When your credit card company authorizes and verifies your credit card account, a hold is put on the account in the amount of one dollar ($1) for 3 to 10 days depending upon the card issuer. The funds for such verification and authorization are not charged to your account. Where a requested billing method cannot be validated, you may be required to provide an acceptable alternate billing method or M1 Data may decline to provide service.

In addition to the charges for the Online Data Services, the Customer may be responsible for local Use Taxes pertinent to their jurisdiction. Customer bears responsibility for consulting local tax authorities regarding such fees.

Disputed charges should be reported to your credit card company or to M1 Data Customer Care by e-mail at customercare@m1data.com or by phone at 1-800-763-6063.

You must notify M1 Data promptly of any change in your credit card, billing address, E-mail addresses or personal information as provided. You will waive any claim for any billing error or improper charges unless you notify M1 Data in writing within 60 days of the date of the billing statement. If we have to take action beyond billing you in order to collect payment, you will be required to pay our reasonable costs and expenses of collection. Such costs and expenses may include attorneys' fees and expenses, the fees of any collection agency, and court costs.

6.       LIABILITY & LIMITATION OF LIABILITY.  

(a)       THE LIABILITY OF M1 DATA FOR DAMAGES ARISING OUT OF MISTAKES, OMMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN ANY OF THE SERVICES OR FACILITIES FURNISHED BY M1 DATA, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE PRO RATA CHARGES TO THE CUSTOMER FOR THE DATA OR SERVICES AFFECTED BY THE MISTAKE, OMMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT, PROVIDED, HOWEVER, THAT WHERE ANY MISTAKE, OMMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN ANY ONE SERVICE OR FACILITY AFFECTS OR DIMINISHES THE VALUE OF ANY OTHER SERVICE SAID LIABILITY SHALL INCLUDE SUCH DIMINUTION, BUT IN NO EVENT SHALL THE LIABILITY EXCEED THE TOTAL AMOUNT OF THE CHARGES TO THE CUSTOMER FOR ALL SERVICES OR FACILITIES FOR THE PERIOD AFFECTED BY THE MISTAKE, OMMISSION, INTERRUPTION, DELAY ERROR OR DEFECT.

(b)       LIMITATION OF LIABILITY. M1 DATA AND ITS SERVICE SUPPLIERS, AGENTS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR ECONOMIC LOSS) RESULTING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE. ADDITIONALLY, M1 DATA WILL NOT BE LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, EQUIPMENT OR NETWORK FAILURE, UNAUTHORIZED ACCESS TO DATA, FILES OR EQUIPMENT, ACCURACY OF ANY INFORMATION PROVIDED RELATING TO DIRECTORY ASSISTANCE OR OTHER ENHANCED SERVICE OFFERINGS, OR LACK OF PRIVACY. YOU WILL NOT HAVE ANY RIGHT TO RECOVER FROM M1 DATA, ITS AFFILIATES, OR ITS SERVICE PROVIDERS, AGENTS OR DISTRIBUTORS ANY PUNITIVE, EXEMPLARY, SPECIAL, TREBLE, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST REVENUES) OR ATTORNEYS' FEES, EVEN IF FORESEEABLE AND OTHERWISE AUTHORIZED BY LAW.

(c)       This limitation of liability does not apply to errors or omissions caused by M1 Data's willful misconduct, fraudulent conduct or violations of law.

(d)       You agree to defend, indemnify and hold M1 Data and its officers, directors, employees, agents and affiliates, any data owners or underlying carriers, harmless from and against any and all claims, actions, liabilities, costs or damages, including reasonable attorneys' fees, relating to this License and your use of M1 Data's services.

7.       Resolution of Disputes.   

Any complaint, arbitration or other legal action concerning the terms and conditions of this License shall be interpreted under the laws of the State of Oregon, and you hereby irrevocably consent to the exclusive jurisdiction and venue of federal or state courts located in Multnomah County, Oregon, U.S.A. in all disputes arising out of or relating to the use of M1 Data.

8.       Privacy.  

It is our policy to protect your privacy. M1 Data's Privacy Policy can be viewed at www.m1data.com.

9.       Capacity.  

You represent that you are of legal age of consent and legally competent to enter into this License.

10.       Links.  

As a resource to you, this web site may provide links to third party sites. M1 Data does not guarantee or claim liability for these sites or their content.

11.      Notices.  

M1 Data may provide you written notice either by mail or electronically. Written notices to you will be sent to your last known physical or electronic address as shown in our records. You must notify us of any changes in your billing or email addresses. M1 Data is not responsible for your failure to receive notices if your M1 Data records are not current and accurate. Written notice to M1 Data will be effective when received by M1 Data. Your notice must specify your account number and telephone number.

Written Notices:

M1 Data & Analytics
Attention: Customer Care
11200 Murray Scholls Place
Beaverton, OR 97007

Facsimile: (503)-643-9600
Email: customercare@m1data.com

12.       Severability.   

This License agreement is subject to any applicable laws. In the event that any provision of this License held to be void, voidable, or unenforceable, the remaining provisions of this License will remain in full force and effect.

13.       Changes to this License.   

M1 Data reserves the right to change the terms, conditions, and notices of this License at any time. Any changes to this License are effective as of the date shown above. In addition to updating the web site with a current copy of the Terms and Conditions, we will alert you of any changes when you log in to your account.

Please acknowledge your understanding and acceptance of these Terms and Conditions by checking the "Accept" box below.