1. Purchase Terms. The Purchase Terms, as may be amended from time to time by Freeman, govern all orders submitted to Freeman for any goods or services, including all orders placed through the Site. To review the current Purchase Terms for US, click here. To review the current Purchase Terms for Canada, click here.
3. Copyright. All information, content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, forms, photographs, graphics, and software available on or through the Site (collectively "Content") is owned or controlled by Freeman, its subsidiaries and affiliates, and of other parties. The Content is protected by U.S. and foreign copyright common law rights and statutes. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes, without the prior written permission of Freeman.
4. Trademarks. The trademarks, service marks, slogans, logos, trade dress and other identifiers ("Marks") displayed on the Site are the property of Freeman, its subsidiaries and affiliates, or of other parties, who may or may not be affiliated with, connected to, or sponsored by Freeman. The Marks are protected by U.S. and foreign trademark, common law rights and statutes. Users of the Site are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the written permission of Freeman or such third party that may own the Marks.
5. License and Site Access. Freeman grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Freeman. This license does not include any resale or commercial use of this Site or its Contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its Contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Freeman. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Freeman and our affiliates without express written consent. You may not use any metatags or any other "hidden text" utilizing Freeman's name or trademarks without the express written consent of Freeman. Any unauthorized use terminates the permission or license granted by Freeman.
6. Electronic Communications. When you visit Freeman or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Your Account. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Freeman does not sell goods or services to children. If you are under 18, you may not use the Site. Freeman and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
8. Your Conduct. In return for access to Freemanco.com, you agree to refrain from:
- uploading, transmitting, posting, emailing or otherwise making available to the Site, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, libelous and/or otherwise objectionable; (ii) infringes any third party's intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, Easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;
- altering, removing, or falsifying any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site;
- impersonating any person or entity, including, but not limited to, a Freeman official or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- attempting, through any means, to gain unauthorized access to the Site, or another user's account on the Site;
- using any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site without Freeman's prior express written permission; or
- taking any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.
9. Goods and Service Descriptions. Freeman and its affiliates attempt to be as accurate as possible. However, Freeman does not warrant that product or service descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free.
10. Pricing. Except where noted otherwise, the price displayed for goods or services on our Site represents the estimated price for the product or service in accordance with standard industry practice. The final price of any product or service will be determined at the time of placement of a firm Order with Freeman and subject to the terms and conditions of the applicable Freeman agreement.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, GOODS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FREEMAN OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FREEMAN AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FREEMAN AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FREEMAN AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR EMAIL SENT FROM FREEMAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FREEMAN AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, GOODS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
FREEMAN SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITE OR ANY USE OF SAME BY YOU.
FREEMAN AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SITE OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
13. Indemnification. You agree to indemnify, hold harmless and release Freeman and its respective employees, officers, directors, stockholders, agents, licensors and their respective successors and assigns, from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Site and/or any Content contained therein or provided thereby, including, but not limited to, information from third-party web sites linked to the Site.
14. Legal Compliance/Export Restrictions. Software from this Site may be subject to United States Export Controls. No software from this Site may be downloaded or exported into or to a national or resident of any country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Freeman's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Freeman that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Freeman Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Freeman Legal Department
P.O. Box 660613
Dallas, TX 75266-0613
phone: (214) 445-1000
fax: (214) 445-9116