Terms of Service

These Terms of Service (“Terms”) govern your access to and use of theswitchboardmarketing.com (the “Site”), operated by The Switchboard, LLC (“The Switchboard,” “we,” or “us”). Please read them carefully. Section 15 contains a binding arbitration agreement and class-action waiver that affect your legal rights. You may opt out of arbitration within 30 days.

These Terms govern use of the Site only. Access to our product platform is governed by a separate written agreement between The Switchboard and each customer.

1. Acceptance and eligibility

By accessing or using the Site, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site. You represent that you are at least 18 years old and, if acting on behalf of a business or other entity, that you are authorized to bind that entity to these Terms. The Site is intended for business professionals and is not directed to consumers or children.

2. Electronic communications & consent

You consent to receive communications from us electronically, including email, messages posted to the Site, and responses to inquiries you submit. Electronic records and electronic signatures satisfy any legal requirement that communications or records be in writing under the federal E-SIGN Act and the Utah Uniform Electronic Transactions Act. You may withdraw this consent by writing to us at the address in Section 19 (Notices), but doing so may limit our ability to provide services to you.

3. Changes to these Terms

We may update these Terms from time to time. For material changes, we will post a notice on the Site and, where we have your email, send at least 30 days’ advance notice before the change takes effect. Your continued use of the Site after the effective date constitutes acceptance. Non-material changes (typographical corrections, clarifications, contact updates) are effective upon posting.

4. Use of the Site

You may use the Site solely for lawful purposes and in a manner consistent with these Terms. You agree not to:

• Use the Site in any way that violates applicable federal, state, local, or international law
• Attempt to gain unauthorized access to any portion of the Site, related systems, or networks
• Interfere with, disrupt, or impose an unreasonable load on the Site or its infrastructure
• Use automated means (scrapers, bots, spiders) to access, copy, or harvest content without our prior written permission
• Transmit viruses, malware, ransomware, or other harmful code
• Reproduce, duplicate, copy, sell, or exploit any portion of the Site for commercial purposes without our prior written consent
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

5. Intellectual property

The Site and all of its contents — including text, graphics, logos, icons, images, audio, video, software, data compilations, and the overall design and selection and arrangement of the foregoing — are the property of The Switchboard or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

“The Switchboard,” the Switchboard logo, and related marks are trademarks of The Switchboard, LLC. No license or right is granted to use any of our marks without our prior written permission.

You may view and print individual pages of the Site for your own personal, non-commercial reference. Any other use requires our prior written consent.

6. User submissions

If you submit information through contact forms, feedback mechanisms, or messages (“Submissions”), you grant The Switchboard a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sublicensable license to use, reproduce, display, and act on those Submissions to respond to you, operate the Site, and improve our services. You represent that you have the right to provide the content of any Submission and that it is not confidential unless expressly marked as such.

7. DMCA designated agent

We respect the intellectual property rights of others. If you believe that content on the Site infringes your copyright, please send a notice containing the information required by 17 U.S.C. § 512(c)(3) to our designated agent:

Counter-notices may be submitted under 17 U.S.C. § 512(g). Knowingly false notices or counter-notices are subject to liability under 17 U.S.C. § 512(f).

8. Third-party links

The Site may contain links to third-party websites or resources. We provide these links for convenience only and do not control, endorse, or assume responsibility for any third-party content. Your interactions with any third party found through the Site are solely between you and that third party.

9. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand how we collect and use information.

10. Customer responsibility for platform use

Our product platform routes marketing contacts (clicks, calls, and other records) on behalf of customers. Customers using the platform are solely responsible for their own compliance with the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission Act, the federal and state Do Not Call registries, CAN-SPAM, state telemarketing laws, and any other law governing their outreach. This Site makes no representation that any customer-facing use of the platform complies with such laws.

11. Disclaimers

The Site and all content, information, and materials made available through it are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, The Switchboard disclaims all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Content on the Site is intended for general informational purposes only and does not constitute legal, financial, insurance, regulatory, or other professional advice.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SWITCHBOARD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in whole or in part.

13. Indemnification

You agree to defend, indemnify, and hold harmless The Switchboard, LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses — including reasonable attorneys’ fees — arising out of or in any way connected with: (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any Submission you provide. We reserve the right to assume the exclusive defense of any matter for which you are obligated to indemnify us, in which case you will cooperate with our defense.

14. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles. Subject to Section 15 (Arbitration), any legal action or proceeding arising under or relating to these Terms will be brought exclusively in the state or federal courts located in Utah County, Utah, and you consent to the personal jurisdiction and venue of those courts.

15. Mandatory arbitration & class-action waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS.

15a. Agreement to arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms or the Site — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be seated in Utah County, Utah, and conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

15b. Delegation

The arbitrator — not a court — has exclusive authority to resolve all threshold issues, including arbitrability, scope, enforceability, formation, and unconscionability of this Section, except that a court shall decide whether the Class Action Waiver in Section 15c is enforceable.

15c. Class-action waiver

Disputes must be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any class or representative action. If this waiver is held unenforceable as to any claim, that specific claim shall proceed in court and the remainder in arbitration.

15d. 30-day opt-out

You may opt out of this Section by sending written notice to The Switchboard, LLC, Attn: Arbitration Opt-Out, 1849 W 645 S, Orem, Utah 84059, within 30 days of first accepting these Terms, with your name, address, and a clear statement that you decline arbitration. Opting out will not affect any other provision of these Terms.

15e. Carve-outs

Either party may seek injunctive or equitable relief in court for intellectual property infringement, unauthorized access to the Site, or to enforce this arbitration agreement. Either party may bring qualifying claims in small-claims court in Utah County, Utah.

15f. Survival

This Section survives termination of these Terms and your use of the Site.

16. Jury-trial waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

17. Force majeure

Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor actions, epidemics or pandemics, governmental orders, utility or telecommunications failures, internet or cloud-provider outages, cyberattacks (including ransomware and denial-of-service attacks), and supply-chain disruptions.

18. Assignment

We may assign these Terms, in whole or in part, without notice, including in connection with a merger, acquisition, financing, or sale of assets. You may not assign or transfer these Terms or any rights under them without our prior written consent; any attempted assignment in violation of this Section is void.

19. Notices

Legal notices to us must be sent in writing to: The Switchboard, LLC, Attn: Legal, 1849 W 645 S, Orem, Utah 84059. We may provide notice to you by email to the address you submit or by posting a notice on the Site; such notice is deemed received 24 hours after sending or posting.

20. Export & sanctions

You represent that you are not located in, and will not access the Site from, any country or region subject to U.S. embargo, and that you are not listed on the U.S. Treasury OFAC Specially Designated Nationals list or any other U.S. government denied-party list. You agree to comply with all applicable U.S. export-control and economic-sanctions laws.

21. Third-party beneficiaries

These Terms do not create, and are not intended to create, any third-party beneficiary rights.

22. Severability & waiver

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

23. Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Switchboard regarding your use of the Site and supersede any prior agreements or understandings relating to the Site.

24. Contact us

If you have questions about these Terms, please reach out.