Terms of Use

THRYV SMALL BUSINESS FOUNDATION WEBSITE TERMS OF USE

Updated APRIL 3, 2020

PLEASE READ THE FOLLOWING THRYV SMALL BUSINESS FOUNDATION WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THESE THRYV SMALL BUSINESS FOUNDATION WEBSITE TERMS OF USE APPLY TO THE WEBSITES AND MOBILE APPLICATIONS LOCATED AT HTTPS://WWW.THRYV.COM/THRYVFOUNDATION/ AND THRYVFOUNDATION.ORG, (each, “This Website”, as applicable), and to applications submitted or donations made through This Website.

YOUR USE OF THIS WEBSITE CONSTITUTES AGREEMENT TO THE THRYV SMALL BUSINESS FOUNDATION WEBSITE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

THRYV SMALL BUSINESS FOUNDATION WEBSITE TERMS OF USE

By accessing This Website (including extensions thereof) you are agreeing to these Thryv Small Business Foundation Website Terms of Use (“Terms of Use”) with the Thryv Small Business Foundation (“Thryv Foundation”) (the Thryv Foundation, together with Thryv, Inc. and their affiliated entities may be referred to herein collectively as “Thryv”), and you agree to be bound by the terms of these Terms of Use. These Terms of Use include the terms and conditions set forth herein, This Website’s Privacy Policy and any other terms incorporated by reference herein.

Changes to These Terms of Use

The Thryv Foundation reserves the right to change any of the terms of these Terms of Use (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit This Website periodically to be aware of and review any such changes. Changes to these Terms of Use will be effective upon posting. By continuing to use This Website after changes are posted, you accept the changes and agree to them. For your convenience, the date of last revision is included at the top of this page.

If you do not agree to these Terms of Use, you must immediately stop use of This Website. If you remain on This Website, you agree to be bound by these Terms of Use.

Copyright Notice

Copyright 2020 Thryv Foundation All rights reserved.

Designated Agent for Digital Millennium Copyright Act Claims

Pursuant to Title II of the Digital Millennium Copyright Act (DMCA), all claims of copyright infringement for material that is displayed on This Website, should be promptly sent in the form of a proper written notice to Thryv Foundation’s Designated Agent:

Copyright Manager – Designated Agent for DMCA Notices
Thryv Foundation
2200 West Airfield Drive
P.O. Box 619810
D/FW Airport, TX 75261-9810
Email: dmcanotices@thryv.com

All claims must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Registration and Profile

In order to access certain features of This Website, such as registering for educational offerings, applying for a grant, or making a donation, you may have the option to register with This Website and create a “Profile” account.

You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device and any stored payment card, whether authorized or unauthorized. When creating your Profile, you must provide accurate information, which will be handled in compliance with our Privacy Policy. You may receive a password and account designation upon completing your Profile. You must not allow someone else to use your Profile, nor can you use someone else’s Profile. You must keep the password to your Profile secure and you must notify the Thryv Foundation immediately of any unauthorized use of, or security breach connected with, your Profile. You are responsible for all answers, articles, comments, photos, ratings and reviews posted from, or any other activity connected with, your Profile. Thryv is not liable for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions; however, you are liable to Thryv, Inc. for any losses to Thryv, Inc. or others caused by such unauthorized use or such transactions.

In order to use the features available on This Website, you must be at least 18 years of age and be fully able and competent to enter into, agree to, and comply with, these Terms of Use.

By providing your e-mail address, you consent to us using the e-mail address to send you notices related to This Website, including any notices required by law.

Donations

Through This Website, you may be able to make Donations to the Thryv Foundation.

•          Authorization of Donation. By entering all of the information prompted on This Website (including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card and your billing address, the “User Data”) in the process of making a Donation and clicking “Donate,” you thereby authorize us to process your Donation by prompting our third-party payment processor (“Payment Processor”) to charge the method of payment that you provided. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Thryv and/or any reasonably required third parties the right to provide and transmit such information for purposes of facilitating the completion of Donations initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

•          Processing Fees. We reserve the right to charge a processing fee to provide This Website to you and to process transactions. You understand and acknowledge that the amount received by the Thryv Foundation as a result of your Donation may be reduced by the amount of such processing fees.

•          Use of Donations. The Thryv Foundation provides certain grants to recipients selected based upon the information provided through an application process. The Thryv Foundation has implemented contractual terms or requirements that recipients of grants use grant funds only in accordance with representations made by such recipients. You acknowledge that the Thryv Foundation may award grants in reliance on the representations contained in an application, and that Thryv is not able to, and has no obligation to, verify or confirm information submitted in connection with any such application. You further acknowledge and agree that Thryv cannot and does not control whether applicants for grants will complete their representations or promises they make on their grant applications or otherwise. You release Thryv (and the subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers, and agents of each Thryv entity) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Donations provided to applicants through This Website.

Thryv does not have any control over and shall not be responsible in any way for: (a) Donations made on This Website; (b) the truth or accuracy of applicants’ representations or warranties, or the ability of any applicant to deliver on promises made related to the Donations; or (c) your ability to process any refunds made in connection with Donations and in no event shall Thryv be responsible in any way for processing such refunds except where required by law.

ANY OPPORTUNITIES TO MAKE DONATIONS ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED AND TO INDIVIDUALS OR ENTITIES THAT MAY LAWFULLY MAKE DONATIONS ACCORDING TO THE APPLICABLE RULES OF THE JURISDICTION. THE INFORMATION ON THIS WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

You understand and agree that you are charged at the time you make your Donation. You further understand and agree that the transaction for the Donation is final and complete at the time you are charged. Once a transaction is completed on This Website, changes cannot be made to the transaction. After you have submitted your Donation on This Website, or you have otherwise directed Thryv to begin processing your Donation by means designated by Thryv and communicated to you in Thryv’s sole discretion, you may not cancel your transaction.

Despite Thryv’s best efforts, occasional transaction amount errors may occur on This Website. Access to This Website does not constitute the right to make a Donation. Thryv is not responsible for typographical, transaction amount or other errors. Thryv reserves the right to revise transaction amounts and other errors and to cancel any Donation order you have placed if there was an error concerning the Donation amount when you made your Donation, even if you have received a confirmation. If your credit card has already been charged for the transaction and your transaction is cancelled by Thryv, Thryv will arrange for a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Use of Information

You may not display This Website in frames or utilize any other techniques to display This Website (or any content on This Website) without the prior express written consent of the Thryv Foundation. You may not use any meta tags or any other “hidden text” utilizing Thryv’s name or trademarks without our prior express written consent. You may not use the Thryv domain name or any derivative thereof as a pseudonymous return email address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using This Website. You may not link to This Website, without the Thryv Foundation’s prior consent, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.

You agree not to use or permit others to use This Website in ways that (i) violate any applicable law or regulation or any of our policies, (ii) infringe the rights of others, or (iii) interfere with the users, services, or equipment of our network or other networks. You agree to cooperate with Thryv and provide requested information in connection with all security and use matters relating to This Website and to notify us promptly if you suspect unauthorized use of This Website or your account. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include the provision of account or user information or email and monitoring our network and/or the networks of our third party licensors, suppliers and providers.

Documents, text, images or graphics published by Thryv on This Website may contain other proprietary notices or describe products, services, processes or technologies owned by Thryv or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Thryv or any third party. Except as expressly granted under these Terms of Use, all rights are reserved by Thryv.

You acknowledge that Thryv does not provide advice of any kind, including but not limited to tax advice, through any content published on This Website and you agree that you will not rely on This Website as a substitute for or supplement to advice from a qualified professional, whether financial, legal, tax, accounting, medical, or any other type of professional. This Website is intended for residents of the United States of America; you are responsible for ensuring that your use of This Website complies with the laws of your jurisdiction. 

Data Mining Prohibited

You may not use bots, crawlers, spiders, or any similar methods, processes, or tools to “data mine” or otherwise gather or extract data from This Website, without the Thryv Foundation’s prior consent, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion. 

Trademarks and Service Marks

Thryv Foundation®,  and all other related product and service names, logos and slogans are trademarks and service marks of Thryv, Inc. and may not be used in any manner without the prior written consent of Thryv, Inc. Other third-party trademarks or service marks used on This Website are the property of their respective owners and cannot be used without permission. Third-party trademark references herein do not constitute or imply affiliation, endorsement or recommendation of Thryv by the respective trademark owners, or of the respective trademark owners by Thryv.

Consent to Monitoring of Content

Thryv is under no obligation to monitor third party information linked to, referenced in, or available through This Website. This Website and any site operated other than by Thryv (a “Third Party Site”) may contain content provided by advertisers or other third parties that may not be suitable for children, and This Website and its services are not intended for users under age 18, and parents or legal guardians are responsible for supervising the activities of children and minors related to This Website. Thryv does not knowingly collect personal information from children through This Website.

Limitation of Liability

THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THRYV ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS WEBSITE.

IN NO EVENT SHALL THRYV BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, (D) THE USE OF DONATION FUNDS PROVIDED TO GRANT RECIPIENTS; OR (E) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER THRYV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

No Warranties

Any material on This Website may include technical or other inaccuracies or typographical errors.

THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

THRYV HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

NO ADVICE OR INFORMATION GIVEN BY THRYV OR THE EMPLOYEES OF THRYV SHALL CREATE ANY WARRANTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) THRYV DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) THRYV DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, (4) THE USE OF DONATION FUNDS PROVIDED TO GRANT RECIPIENTS; OR (5) THE INTERNET GENERALLY.

IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.

Disclaimer of Endorsement / Linked Sites

Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Thryv Product and service information is the sole responsibility of each individual vendor.

Security / No Disruption

You agree that you will comply with any security processes and procedures (such as passwords) specified by Thryv with respect to access to or use of This Website. Further, you agree not to access or attempt to access any areas of or through This Website which are not intended for general public access, unless you have been provided with explicit written authorization to do so by the Thryv Foundation. You agree that you will not disrupt the functioning of This Website or otherwise act in a way that interferes with other users’ use of This Website.

Access / Failure to Comply

Thryv has the right to terminate, suspend or restrict your access to This Website, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of these Terms of Use. In addition, if asked to do so, you agree that you will not attempt to access This Website.

Thryv also reserves any and all remedies at law or equity in connection with violation of these Terms of Use.

You agree, at your own expense, to indemnify, defend and hold Thryv (and the officers, directors, agents, employees service providers of Thryv entities and third parties providing content on This Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in these Terms of Use (or any other violation of these Terms of Use), (b) any information, content or other material transmitted, submitted or provided by you through This Website (including, without limitation, Thryv’s exercise of its rights with respect to such information), or (c) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or services on any Third Party Site), and (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information).

Waiver of Class Action and Jury Trial and Consent to Binding Arbitration

In any legal proceeding relating to these Terms of Use, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to these Terms of Use shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association.

Miscellaneous

Thryv reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, This Website or any portion thereof with or without notice. You agree that Thryv shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the websites.

You and Thryv agree that the substantive laws of the state of Texas, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of these Terms of Use. YOU AND THRYV CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN DALLAS COUNTY, TEXAS, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF these Terms of UseOR TO THIS WEBSITE. Except as otherwise required by law, any cause of action or claim you may have with respect to This Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

If any portion of these Terms of Use is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms of Use as possible. No waiver of any breach of any agreement or provision of these Terms of Use, nor any failure to assert any right or privilege contained in these Terms of Use, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.

You agree not to assign or otherwise transfer these Terms of Use in whole or in part; any attempt to do so shall be void.



These Terms of Use (including all policies, notices and other terms incorporated into these Terms of Use by reference) constitute the entire agreement between you and Thryv with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. These Terms of Use may be revised only: (a) by Thryv Foundation as set forth in the Section of these Terms of Use entitled “Changes to these Terms of Use”, or (b) by written agreement signed by a Thryv Foundation executive. Any terms varying from these Terms of Use in any written, electronic or other communication from you are void.