You may only use Pilgrim Toolkit if you have been provided with a personalized code to log in (the “Access Code”) by an authorized Foursquare employee.
Foursquare reserves the right to refuse access or use of Pilgrim Toolkit in its sole discretion, at any time, and without notice. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Access Code. You shall never use any access code other than your Access Code. You will immediately notify Foursquare in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
Pilgrim Toolkit contains content specifically provided by Foursquare and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through Pilgrim Toolkit.
You may not use, modify or reproduce any content whatsoever. No license is granted to you or any entity you may represent. Use of Pilgrim Toolkit is solely for internal evaluation and testing, and only for non-commercial use. Use, reproduction, modification, distribution or storage of any content is expressly prohibited without prior written permission from Foursquare. You are not permitted to sell, license, rent, or otherwise use or exploit any content whatsoever.
To the extent required by law, Foursquare has no special relationship with, or fiduciary duty to, you. You acknowledge that Foursquare has no control over, and no duty to take any action regarding: other persons who may also be evaluating or testing Pilgrim Toolkit; what content you access via Pilgrim Toolkit; what effects the content may have on you; or what actions you may take as a result of having been exposed to the content.
You release Foursquare from all liability through your use and evaluation of Pilgrim Toolkit. In no event shall Foursquare be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with Pilgrim Toolkit, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from your use of Pilgrim Toolkit.
THE CONTENT AND PILGRIM TOOLKIT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
FOURSQUARE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE CONTENT AND DEMO APP IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ALL LIABILITY OF FOURSQUARE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF FOURSQUARE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOURSQUARE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT FOURSQUARE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE CONTENT OR DEMO APP FOR: • INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; • LOSS OF ACTUAL OR ANTICIPATED PROFITS; • LOSS OF REVENUE; • LOSS OF GOODWILL; • LOSS OF DATA; • LOSS OF ANTICIPATED SAVINGS; • WASTED EXPENDITURE; OR • COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
You may contact Foursquare at the following address: 50 W 23rd St, 8th Floor, New York, NY 10010.
Effective Date: November 8, 2018