Freeman - Terms of Use

Terms of Use

Acceptance of Terms

For purpose of this Agreement, "Freeman" or "The Freeman Companies" means Freeman Decorating Co., Freeman Decorating Services, Inc. Freeman Decorating Ltd., TFC, Inc. dba Freeman Electrical Services, AVW-TELAV Inc., Stage Rigging, Inc., and their subsidiaries, affiliated companies, divisions, and related entities including but not limited to any Licensees. The use of this site and the services that Freeman provides to you ("Services") are subject to the following Terms & Conditions of Use. Freeman reserves the right to update the Terms & Conditions of Use at any time without notice to you. By accessing the site, you agree to be bound by terms and conditions in effect when you access the site. The most current version of the Terms & Conditions of Use can be reviewed by clicking on the "Terms and Use" hypertext link located at the bottom of our Web pages.

Restrictions on Use

This site is owned and operated by Freeman and contains material which is derived in whole or in part from material supplied by Freeman and its Licensees (the "Material"). The material, including the code on this site is protected by international copyright and trademark laws. You may not modify, reproduce, copy, republish, upload, post, transmit, or distribute in any way any material or code from this site, without the expressed legal consent of Freeman. Modifying or using the material in any other way is a violation of the copyrights and other intellectual property rights of the material owner. You also are prohibited from using the material on any other web site or networked computer environment. You will see various symbols and marks next to material on this site. These marks show that the material is a registered or unregistered mark of Freeman, an affiliate of Freeman, or someone else. Nothing in this site grants you any license or right to use any marks displayed on this site without the written permission of the owner of the mark. You are strictly prohibited from misusing any of the marks or other materials on this site.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Freeman server, or the network(s) connected to any of Freeman servers, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of Freeman servers or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Disclaimer

As a convenience to our customers, we may include included links from our site to sites that are owned by entities that are not affiliated with Freeman. Freeman nor its Licensees do not operate or control the content of these sites. We also do not control the goods or services offered through these sites. When you access one of these sites through a link on this site, you do so at your own risk. When you click on the any link to the other site, you actually leave this site. Freeman and its affiliates and Licensees expressly disclaim any liability for any injury you experience while you are in one of these other sites. The materials in this site and the third party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Freeman and its Licensees HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Freeman and its Licensees do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, or the server that makes it available, are free of viruses or other harmful components. Freeman or its Licensees do not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not Freeman or its Licensees) assume the entire cost of all necessary maintenance, repair, or correction.

Limitation of liability

IN NO EVENT SHALL FREEMAN AND/OR ITS RESPECTIVE LICENSEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

Materials Provided to Freeman or Posted on this Site

Freeman does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to us (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Freeman, its affiliated companies and necessary Licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Freeman services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. Freeman may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms and Conditions of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Termination

These Terms and Conditions will continue as an agreement between us until we terminate them, which we may do at any time without notice to you. We also may terminate your right to use this site immediately and without notice to you if, in our sole discretion, you fail to comply with any of these Terms and Conditions. If we do terminate your right to use this site, then you are no longer authorized to access or use any of the benefits of this site. In addition, the restrictions we have imposed on you concerning copying or downloading information, and the disclaimers and limitations or liabilities that we have stated in the Terms and Conditions will survive our termination of the agreement. The Terms and Conditions that we have stated in this site are the entire agreement between us relating to each of the issues discussed in those Terms and Conditions.

Disputes

If you have concerns about our web site, we encourage you to contact us. If you decide to pursue a claim against us, our agreement is governed by and shall be governed and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law. You agree to bring any claims against Freeman exclusively in the state or federal courts of Texas. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Freeman's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): Freeman
Name of Agent Designated to Receive Notification of Claimed Infringement:
Jan Headrick
Full Address of Designated Agent to Which Notification Should be Sent:
P.O. Box 660613
Dallas, TX 75266-0613
Telephone Number of Designated Agent: 214-445-1071
Facsimile Number of Designated Agent: 214-445-0200
Email Address of Designated Agent: jan.headrick@freemanco.com

To be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

1. Service Provider shall remove or disable access to the material that is alleged to be infringing;
2. Service Provider shall forward the written notification to such alleged infringer ("Subscriber");
3. Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

Counter Notification: To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:

1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

1. Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
2. Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
3. Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.

Last Updated: May 5, 2006