Terms of Use

1. General

These Terms of Use (the “Terms of Use”) set forth the terms and conditions related to the LivePerson, Inc. (together with its affiliates, “we,” “LivePerson” or “us”) Lives Over Leases site (the “Site”). By using, accessing and/or interacting with the Site, you (“you”) agree to comply with these Terms of Use and with our Privacy Policy available at https://www.livesoverleases.com/policies/privacy/ so please review them carefully. If you do not agree to the Terms of Use or the Privacy Policy, you may not use the Site. These Terms of Use apply to all information, data, content, text, scripts, audiovisual combinations, interactive features, graphics, commentary, videos, messages, features and any other materials whatsoever (collectively, “Content”) you may view on, access through, or contribute to the Site, in each case as further described below.

2. About Lives Over Leases

LivePerson, a publicly held technology company, is leading the Lives Over Leases campaign to unite businesses against commercial real estate companies and developers. We want to be able to invest money tied up in leases into employees, improving their work-from-anywhere environments, making physical spaces safe, and helping businesses avoid bankruptcy.

3. The Site

These Terms of Use apply to all users of the Site.We are the sole owner of all the intellectual property rights contained in and associated with the Site, including, without limitation, any copyright and trademark rights in and to “Lives Over Leases.” Subject to these Terms of Use, we retain all ownership in data transferred or received through the Site. The Site may contain links to third party websites that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. You acknowledge and agree that we are not responsible for any liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit. If we ask you to submit information, you agree to provide us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for any and all activities that you conduct on the Site. You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use, as the Site is not intended for anyone under the age of 18. If you are under the age of 18, then please do not use the Site.

4. Use of the Site

We give you permission to access and use the Site as set forth in these Terms of Use, provided you agree that you:

  • will comply with all applicable laws.
  • will not alter or modify any part of the Site or use the Site in connection with spamming, any unsolicited messaging, or to commit fraud.
  • will not infringe or violate any third party patent, trademark, trade secret, copyright or other proprietary right.
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • send or otherwise make available any inappropriate, threatening, libelous, profane, defamatory, obscene, abusive, racist, indecent or unlawful Content.
  • impersonate any person or entity, make any false statement, misrepresent your affiliation with a person or entity, or create a false identity,
  • will not use the Site for any commercial use without our prior written approval.
  • will not use or launch any automated system on the Site, including without limitation, "robots," "spiders," or "offline readers."
  • will not collect any personally identifiable information from the Site, nor use the Site for any commercial solicitation purposes.

5. Your Use of Content

In addition to the general restrictions herein, the following restrictions and conditions apply specifically to your use of Content.

  • Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Site and as permitted under these Terms of Use. You shall not download any Content unless you see a “download” or similar link displayed on the Site for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the Site’s prior written consent or the respective licensors of the Content. The Site and its licensors reserve all rights not expressly granted in and to the Site and the Content.
  • You agree not to circumvent, disable or otherwise interfere with any security-related features of the Site.
  • All Content on the Site is provided as general information, and for general information purposes only to permit you to learn about the goals of Lives over Leases and participate in this movement. The Content is not and does not contain any legal advice, nor is it to be acted on as such. You are responsible for any losses or damages you incur as a result of using any Site Content. Such Content may not be current, and is subject to change without notice.

6. Your Content and Conduct

For clarity, and subject to applicable law, you retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty- free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Content in connection with the Site and its purpose, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. A.

7. Copyright

We respect intellectual property rights and ask you to do the same. To report a potential copyright violation and request that we remove any infringing content we are inadvertently hosting, please email a completed copyright notice to the email address here. Please include the following information in your notice:

  • the signature of the person authorized to act on behalf of the copyright owner;
  • a description of the copyrighted work that you believe has been infringed;
  • a description of the content on the Site you believe infringes the copyright;
  • your physical address, telephone number and email address;
  • a statement that you in good faith believe the disputed use has not been properly authorized; and
  • A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

You can also mail a copyright notice to our copyright agent: Copyright Agent c/o LivePerson's Legal Department 475 10th Avenue, 5th Floor, New York, NY 10018 USA

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

9. Limitation of Liability

IN NO EVENT SHALL THE SITE, LIVEPERSON, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Site is controlled and offered from its facilities in the United States of America. Those who access or use the Site from other on jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold us and our affiliates, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive any termination or expiration of these Terms of Use.

11. General

You agree that: (i) the Site shall be deemed solely based in New York; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over the Site or its affiliates, either specific or general, in jurisdictions other than New York. The Terms of Use shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and us or the Site that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in New York County, New York. These Terms of Use, together with the Privacy Notice at https://www.livesoverleases.com/policies/privacy/ and any other legal notices published on the Site, shall constitute the entire agreement between you and us concerning the Site. Nothing in the Terms of Use shall be deemed to confer any third-party rights or benefits. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. We reserve the right to amend the Terms of Use at any time and without notice, and it is your responsibility to review the Terms of Use for any changes. Your use of the Site following any such amendment will signify your acceptance of the revised Terms of Use. We further reserve the right to discontinue all or any aspect of the Site at any time. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated: August 17, 2020