Enterprise Site Terms

Last Updated: January 31, 2023

ARBITRATION NOTICE: THESE ENTERPRISE SITE TERMS (“SITE TERMS”) CONTAIN A MANDATORY ARBITRATION PROVISION. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT PROVISION, YOU AND THE FOURSQUARE PARTIES AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE FOURSQUARE PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

These Site Terms are a legally binding contract between you and Foursquare Labs, Inc. (on behalf of itself and its wholly-owned subsidiaries, Factual Inc. and Placed LLC (collectively, the “Foursquare Parties”)).

These Site Terms cover your use of the websites  location.foursquare.com (except for the consumer services below), www.factual.com and www.placed.com and any data or other materials that you access or download from those websites (all of the foregoing, the “Sites”).

By using, accessing or browsing the Sites you are agreeing to be bound by these Site Terms. We also encourage you to read our Enterprise Services Privacy Policy.

These Site Terms do not cover our enterprise user interfaces, developer tools and other enterprise services. You can find links to the relevant terms for those services below.

These Site Terms also do not apply to our consumer services: CityGuide, Swarm, Marsbot, Marsbot for AirPods®, Placed Panel App, Give 2 Charity, Pathkeeper and Frequent Flier App, and any other consumer mobile apps offered by Foursquare, or any of the related sub-domains such as such as www.foursquare.com/city-guide, www.swarmapp.com, marsbotapp.com, and https://getpanelapp.com. Those services are covered by a different set of terms, the Foursquare Consumer Services Terms of Use.

1. Using the Sites

You may use the Sites in accord with these Site Terms.

2. Additional Terms, Services and Changes

2.1. When using the Sites, you are subject to any additional posted policies, guidelines or rules applicable to the Sites (collectively, the “Additional Site Terms”). All such Additional Site Terms are incorporated by reference into these Site Terms.

2.2. To access and use other Foursquare data, products or services, you will need to enter into an additional, separate agreement with Foursquare. Certain Foursquare enterprise services are covered by the following terms:

TermsCoverage
Foursquare Enterprise User Interface TermsCovers our authenticated user interfaces (“UIs”), including the Attribution UI at www.placed.com/ui, the Audience Designer and Proximity Designer UIs at www.accounts.factual.com, and any successor web addresses, and all data, documentation, software or other materials accessed or downloaded from the UIs.
Foursquare Developer Terms (made available in writing or on location.foursquare.com/developer/ or location.foursquare.com/developer/docs/)Covers the tools and documentation located at location.foursquare.com/developer/, such as Movement SDK and Places API
Foursquare Enterprise Customer Master Terms (“Master Terms”)Covers other enterprise services that link to the Master Terms or are subject to an order form, insertion order or other duly executed document that references or attaches the Master Terms.

2.3. We reserve the right to modify these Site Terms. We will notify you by making the revised version available on this page, and an updated revision date will indicate that changes have been made. If you do not accept the changes, you must stop using the Sites.  Your continued use of the Sites after we publish changes means that you are consenting to the updates. We also reserve the right to modify or discontinue any or all of the Sites at any time, for any or no reason, with or without notice.

3. Ownership

3.1. As between the parties, Foursquare owns all right, title and interest in the Sites, the underlying data, and any future developments and enhancements thereto. Except as explicitly granted above, nothing herein grants you any right, title or interest in Foursquare’s technologies or intellectual property, and Foursquare reserves all rights. Foursquare may use any suggestions or feedback without accounting, attribution or compensation to you.

3.2. All Foursquare trademarks, service marks, logos, and trade names are owned solely by Foursquare. All third-party trademarks, service marks, logos, and trade names are the property of their respective owners and their use within the Sites is not meant to convey any relationship with or endorsement by such third parties. Except as expressly authorized by Foursquare, you may not use or display any mark, name, trade name, or logo appearing within the Sites without the owner’s prior consent or other legal authorization.

4. Compliance and Restrictions

4.1. You must comply with all applicable laws, both within and outside the United States, including laws that would require you not to use the Sites.

4.2. You may not do any of the following:

  • 4.2.1. Sell, resell, redistribute, or sublicense the Sites or provide third parties (including clients) with access to the Sites.
  • 4.2.2. Scrape the Sites or access the Sites by any automated means.
  • 4.2.3. Attempt to obtain any data not displayed in the Sites (e.g., underlying data).
  • 4.2.4. Interfere with the normal functioning of the Sites, including by exceeding any technical limitations or controls.
  • 4.2.5. Reverse engineer, decompile, disassemble, modify or adapt the Sites or any underlying data, or create derivative works of the Sites or any underlying data.
  • 4.2.6. Introduce viruses/malware to the Sites.
  • 4.2.7. Use the Sites for any illegal purpose.

5. DISCLAIMERS

THE SITES ARE PROVIDED AS-IS AND AS AVAILABLE. THE FOURSQUARE PARTIES AND THEIR SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, VENDORS, CLIENTS, LICENSORS, AND ADVISORS (“FOURSQUARE ENTITIES”) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. AMONG OTHER THINGS, THE FOURSQUARE ENTITIES MAKE NO WARRANTY THAT: (A) THE SITES WILL MEET YOUR REQUIREMENTS; (B) THE SITES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE SITES WILL BE ACCURATE OR RELIABLE. UNDER NO CIRCUMSTANCES SHALL THE FOURSQUARE ENTITIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITES OR ANYTHING DOWNLOADED OR RECEIVED FROM THE SITES. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THESE SITE TERMS.

6. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE FOURSQUARE ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SITES OR THESE SITE TERMS, EVEN IF THE FOURSQUARE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FOURSQUARE ENTITIES ARISING FROM OR RELATED TO THE SITES OR THESE SITE TERMS EXCEED $5.00 (U.S.).

7. Governing Law

These Site Terms are governed by the laws of the State of New York, excluding conflicts of laws principles.

8. Arbitration and Waiver of Jury Trial

8.1. Any action arising under or related to these Site Terms or the Sites will be resolved by arbitration (and the parties hereby consent to personal jurisdiction) in the City of New York in accord with the Commercial Dispute Resolution Procedures of the American Arbitration Association and, in the case of injunctive or provisional relief, the Rules for Emergency Measures of Protection. The arbitration will be decided by a single arbitrator whose decision will be final and binding and may be enforced in any court of competent jurisdiction. The prevailing party is entitled to reasonable attorneys’ fees and costs. The arbitration will be kept confidential except as required by law.

8.2. Any claims arising under or related to these Site Terms or the Sites must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.

9. General

9.1. These Site Terms are the parties’ entire agreement relating to the Sites and they supersede all other commitments and understandings with respect to such subject matter. To the extent that the Additional Site Terms conflict with these Site Terms, the Additional Site Terms will govern. These Site Terms cannot be modified except in a writing signed by both parties, or by a change made by Foursquare as set forth above.

9.2. You cannot assign or transfer any of your rights or obligations under these Site Terms without our prior written consent. We may transfer or assign our rights and obligations under these Site Terms freely.

9.3. Foursquare’s failure to exercise or enforce any right or provision of these Site Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Site Terms will be effective only if made explicitly, in writing and signed by Foursquare.

9.4. If any provision of these Site Terms is unenforceable, the validity of the remaining provisions will not be affected.

9.5. These Site Terms do not establish any agency, partnership, or joint venture between you and Foursquare.

9.6. There are no third party beneficiaries to these Site Terms.