Last Revised February 14, 2022
THESE TERMS CONSTITUTE A BINDING AGREEEMENT BETWEEN YOU AND TMG. YOUR ACCESS TO AND USE OF THE APP IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS. WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE APP IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE APP BEYOND THE APP’S HOMEPAGES OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE APP, ANY SERVICES AVAILABLE THROUGH THE APP, OR ANY INFORMATION CONTAINED ON THE APP.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This Agreement requires the use of binding arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
1. USER REGISTRATIONWe reserve the right to withdraw or amend the App, and any Services we provide on the App, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the App are unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the App, or the entire App, to users, including registered users. To access the App or certain features of the App, you may be required to provide registration details in order to create an account. If so, you will choose, or be provided with, a username and password through the registration process. You are responsible for keeping your username and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized access or use of your account. TMG cannot and will not be liable for any loss or damage arising from your failure to protect your account information. By registering for an account on the App, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information when registering on the App, populating your user profile, or using the App. When registering, you must provide your name, phone number, department, position, company name and email address. After you register, you may be asked to provide additional information. or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.
2. PROPRIETARY RIGHTS
You may not use the contents of the App in any manner or for any purpose that would constitute infringement of TMG’s, its licensors’, or the App’s other user’s intellectual property rights. TMG may provide information, software, photos, videos, text, graphics, and other materials (collectively, the “Content”) on the App, and grants you a revocable, limited, personal, nonexclusive, and non-transferable license to use, view, print, display, and download the Content solely for your personal or internal business purposes. Except as otherwise provided herein, you may not copy, distribute, or publicly display Content for any other purpose or in any other public forum without the written consent of TMG or the respective owner, including public forums such as other websites, web services, or print publications. TMG or its licensors own all trademarks and service marks appearing on the App. The unauthorized use or misuse of these trademarks and service marks is prohibited.
3. USER DATA
4. YOUR COMMUNICATIONS TO THE APP
Except to the extent your content or communications to TMG includes personally identifiable information, by forwarding any content or communications to TMG through the App or by other electronic means, you thereby grant TMG a perpetual, royalty-free, world-wide, irrevocable, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to TMG’s or its sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.
5. ELECTRONIC COMMUNICATIONS
When you use our Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, text messages, mobile push notices, or notices and messages on the App, and you can retain copies of these communications for your own records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. PROHIBITED ACTIVITIES
The following activities are expressly prohibited from the App:
- Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
- Submitting or posting any false, misleading, or fraudulent statements or content.
- Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the App.
- Collecting personally identifiable information of other users of the App and using that
information for any purpose outside of the App, without that user’s consent.
- Engaging in activity that compromises the App. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.
- Engaging in any activity designed to impede the use of the App by other users, including overloading and flooding.
- Framing or deep linking into the App.
- Accessing the App by means of automated process, spiders, bots or similar device.
7. USER CONTRIBUTIONS
The App may contain message boards, chat rooms, personal web pages, profiles, or menus, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the App or Services.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the App or through the Services will be considered nonconfidential and non-proprietary. By providing any User Contribution on the App, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TMG, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. This includes any menu prices or other items that you may use the Services to create or display to users.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the App.
8. MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property
right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for us.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the App.
- Terminate or suspend your access to all or part of the App for any reason, including any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS TMG AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the App or sent through the Services and cannot ensure prompt removal of objectionable material after it has been posted or sent. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. CONTENT STANDARDS
These content standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or
entity, if this is not the case.
10. APP STORES
You acknowledge and agree that the availability of the App may be dependent on the third party from which you received the App’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Terms are between you and TMG and not with the App Store and that TMG is responsible for the provision of Services as described in these Terms. However, if you downloaded the App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.
11. THIRD PARTY LINKS
12. INJUNCTIVE RELIEF
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under Section 13, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Texas. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
13. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the“Questions” section below.
In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the App, the Services, and any other actions with us (whether based in contract, tort, statute,fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class)basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION;THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT,CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered in tothe transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations;and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.
If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law.This paragraph applies only if this is a consumer-purpose transaction.
Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you.If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.
If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the App, the Services, and any other actions with us.
You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at email@example.com and including in the subject line “Rejection of Arbitration Provision.”
14. FEDERAL AND STATE LAWS
The App is operated from the United States. When using the App, on the App, or when using any Services provided by TMG, you must obey all applicable U.S.-based federal, state, and local laws.
15. MINIMUM AGE
We do not allow persons under the age of sixteen (16) to use the App. By using the App, you represent and warrant that you are sixteen (16) years of age or over.
16. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE APP, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APP AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP,AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES,INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, THE CONTENT, THE SERVICES, OR OTHER POSTED MATERIALS ON THE APP IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHER WISE. BY PROVIDING THE SERVICES ON THE APP, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE APP AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.
17. LIMITATION OF LIABILITY
WE CANNOT GUARANTEE THE APP WILL BE AVAILABLE ONE HUNDRED PERCENT(100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET,OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE APP REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE APP ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF TMG AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP, THE CONTENT, OR SERVICES OBTAINED THROUGH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT,INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE APP, OR ON ANY OTHER HYPERLINKED WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless TMG and its affiliates, employees, agents,representatives and third-party service providers, for any and all claims, demands, actions, liability,fines, penalties and expenses that may arise from any of your acts through the use of the App. Such acts may include, but are not limited to, (i) your User Contributions, (ii) any misuse of the App and Services, (iii) providing content to or communicating with us or our affiliates, (iv)unauthorized use of material obtained through the App, (v) engaging in a prohibited activity, or(vi) any other action that breaches these Terms.
19. COPYRIGHT COMPLAINTS
TMG respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact TMG through the contact information provided in these Terms.
20. MISCELLANEOUS PROVISIONS
Severability. If any term or provision in these Terms is found to be void, against public policy,or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.
Typographical Errors. Information on the App may contain technical inaccuracies or typographical errors. We attempt to make the App’s postings as accurate as possible, but we do not warrant that the content of the App is accurate, complete, reliable, current, or error-free.
Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.
Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of these Terms and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Texas, without giving effect to the conflict of laws provisions thereof. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Austin, Texas, except where the jurisdiction and venue are mandated by applicable assignment.
No Waiver. No failure, omission or delay on the part of TMG in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.
If you have any questions or comments about these Terms or this App, please contact us by email at firstname.lastname@example.org or call us at 806-503-4012.
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After years of working in an industry with high turnover, we know firsthand how difficult it is to keep up with employee phone numbers. We developed Phone List to make this one part of the job easier.