osm411 Terms of Service

1. ACCEPTANCE OF TERMS
In these terms of service, we refer to the osm411 Directory Assistance service as "osm411." We (OSMinfo411, Inc., a Ohio corporation, provides the OSMinfo411 service, and contracts to Teledvance Communications) will provide osm411 to you, but you must comply with the following terms and conditions - which will be called the "Service Agreement." Your use of osm411 will confirm your agreement to these terms and conditions. Consequently, please read this service agreement carefully before using osm411. By accessing or using osm411 , you agree to be bound by these terms and conditions. If you do not wish to be bound by these terms and conditions, you may not access or use osm411 .

2. USE OF osm411
In order to access and use osm411, you must call from a registered phone number. We must be able to recognize your phone number via Caller ID. You may request two numbers on each call to osm411 . If you wish to request two listings, at the start of your call, please tell the operator that you will be requesting two listings.

3. CHARGES
You agree to pay $.65 for each call to the osm411 service. Your credit card will be charged for your calls on a monthly or quarterly basis, depending on call volume.

4. DISCLAIMER AND LIMITATION OF LIABILITY
We use databases from various sources. Although we try to obtain access to databases from reliable sources, we cannot, and do not, assume any liability for the correctness or comprehensiveness of information provided in response to a directory assistance inquiry. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event shall we be liable for lost profits, consequential, incidental, or special damages, or other claims of a similar nature. Our entire liability in regard to any directory assistance inquiry shall be limited to the amount actually received by us on account of such inquiry, if any.

5. TERMINATION
We reserve the right to terminate any user's access to osm411 in our sole discretion, for any reason, including, but not limited to, failure to abide by these Terms and Conditions.

6. DISPUTE RESOLUTION
Any cause of action or claim you may have with respect to osm411 must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN Ohio, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrator shall determine the arbitrability of Disputes. In arbitrating Disputes, the arbitrator shall apply and give effect to the terms of this Service Agreement and the laws of the State of Ohio. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any court having competent jurisdiction. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the interpretation and enforcement of this paragraph. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award.

7. MISCELLANEOUS
This Agreement shall all be governed and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be performed in Ohio. osm411 is controlled and operated by us from our offices in Waltham, Ohio. Our failure to insist upon or enforce strict performance of any provision of this Service Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Service Agreement. We may assign our rights and duties under this Service Agreement to any party at any time without notice to you. The section titles in this Service Agreement are for convenience only and have no legal or contractual effect.

8. CHANGES
We may update or modify this Service Agreement from time to time without notice to you, except that you can review the most current version of this Service Agreement on the website at any time. You need to check the Service Agreement at this site regularly to stay up to date. Any modifications to this service agreement shall be effective immediately upon your next use of osm411 after the posting of the modified service agreement. You agree to review this service agreement periodically to be aware of such modifications. Your continued access or use of osm411 shall be deemed your conclusive acceptance of the modified service agreement.