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Terms Of Use

These Terms of Use (“TOU”) apply to the websites, forums, knowledge bases, social media pages/sites, webinars, online communication tools, and online communities and the services, features, and/or material made available therein (“Sites”) of LivePerson, Inc., its subsidiaries and affiliates (“LivePerson”), including but not limited to the Knowledge Base at knowledge.liveperson.com, the Developers Community at developers.liveperson.com, the LivePerson Customer Success Center at community.liveperson.com. “You” means you, your company, and any of your employees, representatives, users, and agents that visit, use, or log into the Sites. 

Acceptance

By visiting, using, or logging into the Sites, You agree to be legally bound by these TOU and by our Privacy Policy located at www.liveperson.com/policies/privacy. If You are using, visiting, or logging the Sites on behalf of a company, You represent that You have the authority to bind the company on whose behalf You are agreeing to this TOU. If You do not have that authority, or if You do not agree with any terms of the TOU, You must leave and may not use the Sites or material therefrom, and must delete any material downloaded therefrom.

There may be additional terms and conditions applicable to individual Sites, or individual sections or subsections of Sites, in addition to these TOU.

LivePerson reserves the right to update the TOU at any time without notice. The most current version of the TOU can be found by clicking the “Terms of Use” link at the bottom of our web pages. Any updates to the TOU will be effective immediately upon posting and You agree to the TOU by continuing to visit, use, or log into the Sites or any material therefrom.

LivePerson offers various products and services pursuant to a separate manually or digitally-executed agreement, including the online EULA at www.liveperson.com/policies/license-agreement, the online Services Agreement at www.liveperson.com/policies/services-agreement/, or other form of agreement as applicable (“Agreement”). Such products and services are governed by the terms of such Agreement; the Sites are governed by the terms of this TOU.

Registration

If any portion of the Sites requires You to register, You must (1) complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and (2) maintain and promptly update the registration data as necessary to keep it current, complete, and accurate. You are responsible for maintaining the confidentiality of Your account details and for any and all activities that occur under Your account. LivePerson will not be liable for any loss or damage arising from Your failure to comply with this Section “Registration” including, but not limited to any loss or damage arising from Your failure to immediately notify LivePerson of any unauthorized use of Your password, account or any other breach of security. LivePerson handles user registration data in accordance with the LivePerson’s Privacy Policy located at www.liveperson.com/policies/privacy. LivePerson reserves the right to revoke Your use of any Site at any time in their sole discretion.

Confidential Information

You understand and agree that in connection with the Sites, You may have had or have access to or may have been or be exposed to, directly or indirectly, private or confidential information of LivePerson, including, but not limited to, trade secrets, contractual terms, service records, marketing and business plans and technical information, and any other information that You reasonably should know is confidential (“Confidential Information”). You agree to hold and treat all Confidential Information in confidence, shall use such Confidential Information only in connection with Your exercise of its rights and performance of its obligations hereunder and shall not, without the prior written consent of LivePerson, disclose any Confidential Information except (a) disclosure by You to its directors, officers, employees, agents and representatives, if any, on a need-to-know basis; (b) to the extent such Confidential Information becomes publicly available without breach of these TOU; (c) to the extent such Confidential Information becomes known to You from a source other than LivePerson, other than by breach of a confidentiality obligation; and (d) as may be required by law, applicable regulation or judicial process, provided, however, that if You are required to disclose such Confidential Information by applicable law, regulation or legal process, You shall promptly notify LivePerson of such pending disclosure and consult with LivePerson prior to such disclosure as to the advisability of seeking a protective order or other means of preserving the confidentiality of the Confidential Information.

Intellectual Property

4.1 LivePerson Intellectual Property

Except for User Content (as defined herein), LivePerson and its suppliers are and shall remain the sole owners of all information, data, and content generated, transmitted, or processed by the Sites, including LivePerson’s intellectual property in the Sites and all content made available to You, and the copyright, trade secrets, patents, and trademarks (e.g., Conversational Cloud, LivePerson, and all related logos) therein.

Any information, data, or content posted by LivePerson on a Site is not User Content (as defined herein), but is and shall remain the sole property of LivePerson and shall be treated as Confidential Information (as defined herein) in accordance with the TOU, and may not be copied, modified, moved, translated, adapted, distributed or displayed without LivePerson’s prior written permission.

You shall not use the Sites or LivePerson’s intellectual property except as specifically authorized under this TOU. Without limiting the foregoing, except as expressly authorized by applicable law, You shall not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Sites. In addition, You shall not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of LivePerson or LivePerson.com, or take any other action which infringes or impairs LivePerson’s trademark rights. Any reproduction, redistribution or use of the Sites not in accordance with this TOU is expressly prohibited.

4.2 User Content

Certain Sites allow users to make available, upload, post, or import comments, information, text, video, photos, messages, or other materials (collectively “User Content”). You are wholly responsible for User Content that You transmit through the Sites. LivePerson is not responsible for Your User Content or the User Content of others, and disclaims all liability related to any User Content, including any losses and damages arising from such. LivePerson does not control or endorse the User Content posted to any Site nor does it guarantee the accuracy or integrity of such User Content and as such, You bear all risk associated with reliance on such User Content.

By using the Sites, to the extent not already licensed or owned by LivePerson, You hereby grant to LivePerson and its subsidiaries, agents, contractors, licensees and successors in business an irrevocable, perpetual, worldwide, royalty-free, and non-exclusive license to use, reproduce, distribute, modify, edit, display, adapt, sublicense, create derivative works from, and identify You as the contributor of, User Content that You contribute (including Your name and likeness) without Your prior approval or the payment of any compensation. You represent and warrant that You have all of the foregoing rights to grant to LivePerson and its subsidiaries, agents, contractors, licensees and successors in business.

Usage Restrictions

5.1 As a condition of using the Sites, You shall: 

  1. Use the Sites in a manner that is proper and in compliance with applicable law and these TOU; including when communicating or interacting with others;
  2. As required by applicable law, provide notice to Your customers and obtain consent if required for use of LivePerson’s Sites (such as, regarding LivePerson’s monitoring features), in Your privacy policy and as otherwise required;
  3. Be responsible for Your employees, representatives, users, and agents that use the Sites provided by LivePerson; and
  4. Represent that you are over the age of 18. LivePerson reserves the right to immediately terminate the account and delete the information of any user, to the extent permitted by law, who it believes is under the age of 18.

5.2 You shall not submit the following types of content to the Sites:

  1. Inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information or material that may constitute or encourage conduct that is a criminal offense or civil wrong;
  2. Content related to contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  3. Personally identifiable information (other than Your own login information), healthcare information, or other sensitive personal information; and
  4. Any data or User Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, including, but not limited to confidential information received from LivePerson pursuant to the LivePerson services).

5.3 In your use of the Sites, You shall not:

  1. Use the Sites for any purpose that is unlawful, unethical, prohibited by these TOU, or that could create liability for LivePerson; or to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or to commit fraud;
  2. Provide material support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization designated as a foreign terrorist organization by the U.S. government;
  3. Impersonate any person or entity, or make any false statements regarding any agency or affiliation with any entity (including LivePerson) or create a false identity;
  4. Use the Sites in a manner that could damage, disable, overburden, or impair any LivePerson server, or the network(s) connected to any LivePerson server, or interfere with any other party’s use and enjoyment of any Sites, including by sending files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; 
  5. Operate robots or spiders to scan LivePerson’s databases or Sites, use “deep linking” to LivePerson’s web pages or Sites, or attempt to gain unauthorized access to any Sites, other accounts, computer systems or networks connected to any LivePerson server or to any of the Sites, through hacking, password mining or any other means; 
  6. Reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of LivePerson systems; 
  7. Violate any patent, trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary right of any party (including LivePerson) or falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is sent;
  8. Sell, resell, or offer for any commercial purposes, any portion of a Site; or
  9. Use information obtained from a Site (1) to compete with products and services offered by LivePerson or (2) for any other purpose other than for Your relationship with LivePerson.

Monitoring and Moderation

LivePerson has no obligation to monitor or moderate the Sites. However, LivePerson reserves the right to review materials sent through and to moderate the Sites, including by removing or modifying any materials in its sole discretion. LivePerson does not control or endorse the content, messages or information found in any Sites and, therefore, LivePerson specifically disclaims any liability with regard to such content, messages or information. 

Warranty Disclaimers and Limitation of Liability

ALL SITES ARE PROVIDED “AS IS” AND LIVEPERSON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL LIVEPERSON OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Third-Party Tools

The Sites may interoperate with third-party software applications, websites, services, or other online applications or tools (collectively, “Third Party Tools”). Third Party Tools are not considered part of the Sites and are not maintained, tested, validated, monitored, or endorsed by LivePerson. Third Party Tools may be governed by their own terms and conditions, and You are fully responsible and liable for complying with them.

If You choose to install, access, or enable Third Party Tools, You agree that Third Party Tools providers may acquire access to Your data, including your account data as applicable, for the interoperation or integration of such, Third Party Tools.

ALL THIRD PARTY TOOLS ARE “AS IS” AND LIVEPERSON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY TOOLS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND FURTHER DISCLAIMS LIABILITY FOR YOUR USE OF OR INABILITY TO USE THE THIRD PARTY TOOLS.

Indemnity

You agree to indemnify and hold LivePerson and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of or related to (i) User Content that You submit to or publish on Sites, (ii) Your use of Sites, (iii) Your breach of the terms and conditions of these TOU and (iii) Your alleged violation of any rights of a third party in connection with Your use of Sites. LivePerson may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification. The assumption of such defense or control by LivePerson, however, shall not excuse You from any of Your indemnity obligations.

Termination

LivePerson reserves the right at any time to modify or terminate, temporarily or permanently, any Site (or part thereof) and/or Your access to any Site (or part thereof), with or without notice, for any reason whatsoever. LivePerson shall not be liable to You, Your company, any other user or any third party for any such modification, suspension or termination.

U.S. Government Rights

Any software which is downloaded from the Sites for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this TOU, as applicable. Manufacturer is LivePerson, Inc.

Procedure for Claims of Copyright Infringement

LivePerson respects the intellectual property of others, and we ask our users to do the same. LivePerson may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

If You believe that Your work has been copied in a way that constitutes copyright infringement, please refer to the instructions at www.liveperson.com/policies/copyright/

Forward Looking Statements

Some information on Sites may contain projections or other forward-looking statements regarding future events or the future financial performance of LivePerson. Words such as “expects,” “goals,” “plans,” “believes,” “continues,” “may,” and variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially. Please refer to LivePerson’s filings with the Securities and Exchange Commission, specifically, our most recent earnings release and our most recent Form 10-Q or Form 10-K for more information on the risk factors that could cause the actual results to differ materially from those contained in our forward-looking statements.

General

This TOU will be governed by the laws of the State of New York, without regard to or application of conflicts of law rules or principles, and You hereby consent to the exclusive jurisdiction of the federal and state courts located in New York, New York with regard to any dispute arising out of or related to this TOU. The following require LivePerson’s express prior written consent: (a) use of LivePerson’s trademarks or any other intellectual property; and (b) press releases or any other publicity. If any provision of this TOU or part thereof is held to be unenforceable, that provision or part thereof will be removed, a substitute provision implied that meets as closely as possible the intent of the severed provision and the remaining provisions will remain in full force. The waiver by LivePerson of any default or breach of this TOU shall not constitute a waiver of any other or subsequent default or breach. You may not assign, transfer, or encumber this TOU, by contract or by law, in any way without LivePerson’s prior written consent; any attempted assignment, transfer, or encumbrance in violation of the foregoing shall be null and void and of no effect. No person that is not a party to this TOU shall have or acquire any rights by reason of this TOU, nor shall LivePerson have any obligation or liability whatsoever to any such person except as otherwise expressly set forth herein. This TOU constitutes the complete and exclusive understanding and agreement of LivePerson and You relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings, agreements, and communications, and or advertising with respect thereto.

Last Updated: June 26, 2024