Please carefully read this End User License Agreement (the "EULA") which governs your use of, and access to, the Liveteam.com website and any and all content, software, data, information and materials contained therein or accessible through the Liveteam.com (collectively, the "Website").
BY USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS EULA, AND AGREE TO BE BOUND BY ITS TERMS, AS EACH MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY THE FREEMAN COMPANY, LLC, (collectively, "Freeman," "we," "us" or "our") IN ACCORDANCE WITH THIS EULA.
Except as otherwise expressly authorized by us in writing, this Website is strictly intended for access and use only by individuals registering on this Website who are furloughed employees of Freeman or who are seeking employment with Freeman (collectively, the “Authorized Users”).
Do not access or use this Website unless you are an Authorized User. You represent and warrant that you are an Authorized User and are not prohibited from accessing the Website by U.S. or other applicable law or agreement.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of Freeman or its licensors or content suppliers, and are protected by copyright, trademark and other laws in the United States and other jurisdictions.
YOU AGREE NOT TO:
(a) Use or access the Website for any purpose that is unlawful or prohibited by these Access Terms;
(b) Use or access the Website in a manner that could damage, disable, overburden, or impair any Freeman or its clients’ servers or the networks connected to any of our or clients’ servers;
(c) Interfere with any third party’s use and enjoyment of the Website;
(d) Sublicense any license granted in or to materials on the Website under these Access Terms (whether or not any of such acts are for commercial gain or advantage); or
(e) Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Website unless specifically authorized by the owner of the software.
Subject to all the restrictions and obligations set out in herein, you may download (a) content, screenshots, instructions, recommendations and reports of data that you are authorized to access, (b) display, access and use this Website; and (c) download Materials from this Website provided that: (i) you keep intact all copyright and other proprietary notices; (ii) you do not use the Materials in a manner that would compete with or damage the goodwill associated with Freeman; (iii) you make no modifications to the Materials; and, (iv) strictly control and limit dissemination and use of the Materials, in accordance with any restrictions set forth on the Materials themselves, this EULA, and any other agreement requiring You to maintain the confidentiality and/or security of the Materials and to limit the disclosure of such Materials. You agree that upon notice from Freeman you shall return or destroy all Materials in you possession or control and cease using the Website and any and all components thereof.
In addition, you agree to:
(a) Maintain the security and confidentiality of the Materials using a reasonable standard of care;
(b) Notify Freeman at legal@freeman.com immediately upon discovery or suspicion of any compromise of the confidentiality or integrity of the any Materials or this Website or any use of the Materials or this Website in violation of these EULA; and
(c) Not disclose the Materials or any information contained therein to any third parties except as specifically authorized by Freeman in writing.
Your account on or for the use of this Website and service will collectively be referred to as the “Account.” You will be or have been assigned or asked to choose a username and password or access code for each Account or for use of this Website (each, a “Password”). You shall not share your Password or disclose Passwords to any third parties; provided however, that you may disclose the Passwords to authorized network administrators. You acknowledge and agree that: (a) you shall be solely liable and responsible for all activities that occur under any of your Accounts or Passwords, regardless of whether or not your employer or principal has given you authorization to allow others to access any of your Accounts or use any of your Passwords; (b) Freeman shall not be responsible for your failure to comply with these terms and conditions or any loss or damage arising out of, or related to, use of your Accounts or Passwords by you or anyone other than Freeman; and (c) Freeman and/or your employer/principal shall have the right, in its/their sole discretion, to terminate your use of any Password or Account, and to restrict access to any Account.
The license to use this Website shall become effective on the date you first accept these terms by accessing this Website, and shall remain in effect until the license granted to Freeman’ authorized licensees expires or earlier terminates. Freeman and our authorized licensee(s) shall also have the right to terminate your access to this Website if you breach any provision of this EULA and fail to cure the breach within (10) days after receipt of written notice thereof. Upon such termination, you shall not have any right to use the Website and any content that you have downloaded from the Website.
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS PROVIDED BY FREEMAN ON AN "AS IS" AND "AS AVAILABLE" BASIS. FREEMAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FREEMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
FREEMAN AND ITS DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND/OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF FREEMAN OR ANY OF ITS AGENTS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OR RELIANCE ON THE WEBSITE. THE PARTIES AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SHALL SURVIVE THE FAILURE OF AN ESSENTIAL
PURPOSE OF ANY REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT OF SUCH EXCLUSIONS.
Our failure to exercise or enforce any right or provision of these EULA shall not constitute a waiver of such right or provision.
It is the intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permitted by applicable law. To the extent that the terms set forth in this Agreement or any word, phrase, clause or sentence is found to be illegal or unenforceable for any reason, such word, phrase, clause or sentence shall be modified or deleted in such manner so as to afford the party for whose benefit it was intended the fullest benefit commensurate with making this Agreement, as modified, enforceable, and the balance of this Agreement shall not be affected thereby, the balance being construed as severable and independent.
This Agreement shall be governed by and construed in accordance with the laws of the State Of Texas without regard to the conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter of this Agreement shall be the state and federal courts located in the cirty of Dallas, in Dallas County, Texas. Each party, on behalf of itself and its affiliates, to the fullest extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in any action or other legal proceeding arising out of or relating to this Agreement or any services provided by Licensor or its Affiliates. The waiver applies to any action or legal proceeding, whether sounding in contract, tort or otherwise. Each party, on behalf of itself and its Affiliates, also agrees not to include any employee, officer or director of the other party or its Affiliates as a party in any such action or proceeding.