Terms of Use

Acceptance of Terms of Website Use

LivePerson, Inc. (“LivePerson” or “we,” “us” or “our”) provides you with access to our website (the “Site”), subject to acceptance of these Terms of Website Use (“Terms”) and our Privacy Policy, which are subject to change. These Terms and our Privacy Policy are accepted by you when you access and use our Site or the personal shopping service offered thereon (the “Service”).

Disclaimer

LivePerson does not evaluate or guarantee the accuracy or success of any answers, advice or services given through the Site. You agree that any use you make of such answers, advice or services is at your own risk and that LivePerson is not responsible for any damages or losses resulting from your reliance on such answers or advice. By submitting a question here, you understand and agree that LivePerson is not responsible for any reply or information you do or do not receive, and you agree to hold LivePerson harmless from any loss, harm, injury, or damage resulting from or arising out of your submission of the question or your use of or reliance on any response thereto.

Links to Other Websites and Advertisers

We may from time to time provide links to non-LivePerson websites. We do not make any representations about such websites or their content, or any results obtained from using them. LivePerson has no liability for any damages or injuries arising from your use of them. Your correspondence with, transactions with or participation in promotions of advertisers, retailers or other third parties found on or through this Site are solely between you and such third parties. This includes payment and delivery of goods or services. You agree that LivePerson will not be responsible or liable for any loss or damage incurred as the result of any such dealings.

Intellectual Property

The content of this Site, such as but not limited to text, graphics, trade dress and logo (“Content”), is the property of LivePerson and is protected by copyright, trademark or other proprietary rights. You may not download, print or store Content. No Content, including trademarks, may be reprinted, republished or distributed in any form without express written permission from LivePerson. You may not copy, reproduce, reverse engineer, decompile, transmit, sell, distribute, license or create derivative works of the Content, or frame the Site or any portion thereof. You may not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

Lawful Use of Website

You agree to comply with all applicable laws regarding use of this Site. You may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of LivePerson or others. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password “mining” or other illegitimate means.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIVEPERSON AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “LIVEPERSON ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIVEPERSON ENTITIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE UISE OF THE SERVICE WILL BE ACCURATE OR RELAIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THOUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY REPSONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIVEPERSON OR THIS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY

LIVEPERSON ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LIVEPERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) AND OTHER MATTER RELATING TO THE SERVICE.

SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU WHERE JURSDICTIONS DO NOT ALLOW THE EXCLUSUION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

International Users

LivePerson makes no claim that the Content is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.

Miscellaneous

Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between LivePerson and you pertaining to your use of the Site and Service. These Terms and the Privacy Policy may be amended from time to time, and by using this Site and Service you agree to be bound by the latest version of these Terms and the Privacy Policy. You agree that your use of the Site and Service and any disputes relating thereto shall be governed in all respects by the laws of the State of New York, and any disputes shall be resolved solely in the state and federal courts located in Manhattan, New York. Statute of Limitations: You agree that any claim or cause of action arising out of or related to use of the Site or Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

© 2007 LivePerson, Inc. All Rights Reserved.