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Terms of Use Agreement

You are visiting a website owned by FairSquare, Inc. This Terms of Use Agreement (“Agreement”) applies to all websites owned or operated by FairSquare, Inc., and its affiliates and subsidiaries (“Websites” or each individually “Website”) on which this Agreement or a link thereto is displayed. This Agreement also applies to your use of any goods, facilities, or services offered through the Websites (collectively “Services”), regardless of where or how they are accessed, including but not limited to via a desktop computer or mobile device. It is important that you read the entire Agreement carefully as some provisions affect your legal rights. The Agreement includes an agreement to resolve any disputes between you and us through binding arbitration, a class action waiver, as well as other important disclaimers, warranties, and limitations on liability.

By accessing, browsing, or using the Websites, you acknowledge that you have read, fully understand, and agree to the terms of this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference, as well as any other policy, agreement, or terms incorporated into this Agreement by reference as outlined below

For purposes of this Agreement:

  • “You” or “your” means the person(s) using the Websites and/or Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or Services.
  • “FairSquare,” “us,” “our,” or “we” includes FairSquare, Inc., and any of its affiliates or subsidiaries.
  • “Provider(s)” includes, but may not be limited to, banks, lenders, financial institutions, insurers, service providers, real estate companies, dealers, agents, brokers, and other entities that partner with FairSquare and offer, solicit, arrange, or broker products or services through the Websites.

We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review this Agreement for any such change upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications. The Websites and Services are intended for individuals at least 18 years old and accessing the internet from a physical location within the United States. By using or accessing the Websites or Services, you acknowledge that you are at least 18 years old and accessing the internet from a physical location within the United States.

Electronic Communication

By using parts of this website, or sending e-mails to FairSquare, you agree to receive communication from us electronically, and that all communication that we, our affiliates, partners, or independent contractors provide to you electronically satisfy any legal requirement that such communication be in writing and are effective immediately. 

Telephone Communications

You hereby expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls and SMS messages (including text messages) from FairSquare, its affiliates, marketing partners, agents and others calling at FairSquare request or on its behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular or mobile telephone numbers). Your cellular or mobile telephone provider may charge you according to the type of plan you carry. 

You may opt out of receiving marketing-related calls and other communications from FairSquare and its affiliates, marketing partners, agents and others as provided in the Privacy Policy or by contacting us directly.

Intellectual Property

This Website, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Website (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by FairSquare or third parties and all right, title and interest therein shall remain the property of FairSquare and/or such third parties (collectively, the “Content”). The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws.

Except as expressly stated herein, no part of the Website or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, aggregated, indexed, transmitted, distributed, or otherwise exploited in any way, including through the use of framing, scraping, webcrawlers, spidering, or any other automated means, or for any commercial purpose or enterprise, without FairSquare’s prior express written permission. Nothing on the Website should be construed as granting any license or right to use any Content. FairSquare reserves any and all rights in and to its Website and Content not expressly granted to you under this Agreement. You further agree to abide by any and all exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Website or Content.

Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Website; and (ii) make any other modifications to any documents obtained from the Website other than in connection with completing information required to transact business with FairSquare.

Code of Conduct

You are solely responsible for your conduct in connection with the Website.

You must not:

  • Alter, delete, or conceal any copyright, trademark, service mark, or other notice contained on the Website and/or in the Content;
  • Modify, reverse engineer, decompile, or disassemble any part of the Website and/or Content, whether in whole or in part;
  • Create any derivative works from any part of the Website and/or Content, or encourage, assist, or authorize any third party in doing so;
  • Engage in or encourage conduct that: (1) would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity, or other rights of ours or of any other third party; (2) affects adversely or reflects negatively on FairSquare, its affiliates, the Websites, Content, our goodwill, name, or reputation or causes duress, distress, or discomfort to us or anyone else; and/or (3) discourages any person or entity from using all or any portion, features, or functions of the Websites, or Services, or from advertising, linking, or becoming a Provider to us;
  • Modify, disrupt, impair, alter, or interfere with the use, features, function, operation, or maintenance of the Websites or Content, or the rights, use, or enjoyment of the same by any other user;
  • Impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity;
  • Solicit passwords or personally identifiable information for commercial or unlawful purposes from other users of the Websites or Content;
  • Access or use the Websites or Content, or any element(s) thereof, in whole or in part: (1) to train any artificial intelligence and/or machine learning platforms, systems, applications, models, or algorithms (whether via the development or modification of a dataset, scraping, or reproducing content or data (or any caches or archives thereof), feature extraction methodologies or otherwise); or (2) in connection or combination with any data, information, content, and/or materials generated or developed by, with, or resulting from the use of any artificial intelligence and/or machine learning platforms, systems, applications, models, or algorithms, in each case, without the express, prior written consent of FairSquare;
  • Send unsolicited mail, including promotions and/or advertising of products and services
  • Engage in spamming, flooding, mail bombing, crashing or harvesting of email addresses or other personal information; and/or
  • Engage in or facilitate “spidering,” “screen scraping,” “phishing,” “database scraping,” “web site crawling,” “indexing,” “data extraction,” or any other similar activity on, through, or in connection with the Website or Content, for any purpose.

Links to Third Party Websites

The Websites may contain links to websites maintained by non-affiliated third parties (“Third Party Sites”). Links to Third Party Sites are provided for your convenience and reference only. We do not operate or control in any respect any content, information, software, products, or services available on any Third Party Sites. Our inclusion of a link or reference to a Third Party Site does not constitute any endorsement or recommendation of the services or content available on the Third Party Site or any third party that is referenced on, owns, or operates the Third Party Site. Your use of any Third Party Site may be subject to other terms and conditions imposed by the third party maintaining that Third Party Site. When you leave the Websites, you agree that FairSquare is not responsible for the services, content, or information provided on the Third Party Site, including but not limited to its quality, accuracy, reliability, availability, or suitability. Additionally, FairSquare is not responsible for any direct or indirect technical or system issue that may arise out of or relate in any way to your use of or access to third-party technologies or programs available through a Third Party Site.

Disclaimers and Liability

FAIRSQUARE DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FAIRSQUARE CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FAIRSQUARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FAIRSQUARE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. ANY RELIANCE YOU PLACE ON THE WEBSITES OR CONTENT IS STRICTLY AT YOUR OWN DISCRETION AND RISK. UNDER NO CIRCUMSTANCES WILL FAIRSQUARE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF (1) ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US; OR (2) THE WEBSITES, CONTENT, OR OTHER ITEMS OR INFORMATION LOCATED ON OR ACCESSIBLE VIA THE WEBSITES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES, OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY CONTENT AVAILABLE THROUGH OUR SERVICES.

Indemnity

You agree to defend (if requested by any FairSquare Party, as defined below), indemnify, and hold harmless FairSquare and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, representatives, subsidiaries, and affiliates (“FairSquare Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs), demands, and damages incurred by a FairSquare Party in connection with any claim by a third party arising out of or relating to: (1) your use of the Websites or Content; (2) your violation or alleged violation of the Agreement; (3) your violation or alleged violation of any applicable law; (4) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (5) any dispute between you and a third party. You agree not to settle any such claim or matter without FairSquare’s prior written consent. The FairSquare Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

Limitation on Damages

FAIRSQUARE’S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL FAIRSQUARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, OR ANY OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR WEBSITES OR CONTENT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL FAIRSQUARE’S TOTAL LIABILITY EXCEED IN THE AGGREGATE ONE HUNDRED U.S. DOLLARS ($100.00). THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU OR ANY THIRD PARTY FOR ANY LOSSES. THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Dispute Resolution and Arbitration

YOU AND FAIRSQUARE AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION, DISPUTES RELATING TO THE WEBSITE OR CONTENT (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE AAA’S CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN ATLANTA, CALIFORNIA. THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, INCLUDING ON AN INDIVIDUAL OR CLASS-ACTION BASIS, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.

You agree that no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.

You agree that any dispute or disagreement regarding the enforceability, applicability, or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.

You agree that any dispute or cause of action arising out of or related to the Website or Content must be commenced within one year from the later of: (1) when the dispute or cause of action accrued, or (2) when you should have known about or discovered the accrual of the dispute or cause of action through the exercise of reasonable diligence. If you do not commence a dispute or cause of action in accordance with these requirements, such cause of action is waived and permanently barred. You agree that any dispute or disagreement regarding whether your alleged dispute or cause of action is time-barred is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.

Governing Law

This Agreement, and any disputes arising out of or related to this Agreement or the Website or Content, is governed by the laws of the State of California without regard to any conflicts of laws provisions. If any matter proceeds in court, including post-arbitration confirmation proceedings, you agree to the exclusive personal jurisdiction by, and venue in, the state and federal courts located in San Diego County, California   , and you waive any objection to such jurisdiction or venue.

Entire Agreement

This Agreement (including all referenced or incorporated policies, agreements, terms, and other provisions) constitutes the entire agreement between you and FairSquare and supersedes all prior or contemporaneous oral or written agreements or other communications between you and us with respect to the subject matter hereof. In the event of a conflict between the language or terms of this Agreement and the language or terms of any policy, agreement, or terms incorporated by reference, the latter incorporated terms shall control.

Enforceability and Severability

If any provision of this Agreement is be found to be unlawful, void, or unenforceable, you agree that such provision shall be given effect to the greatest extent possible, including that it be modified to the greatest extent possible to render it enforceable with respect to the dispute at issue and to reflect the intent of the Agreement to the greatest extent possible, and all remaining provisions and the Agreement as a whole shall remain in full force and effect.

Waiver Only in Writing

FairSquare’s failure to enforce any right or act with respect to any breach or alleged breach by you or others of the Agreement does not constitute a waiver of any right and will not limit FairSquare’s rights with respect to that breach or any subsequent breaches. No waiver by FairSquare of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of FairSquare.