Terms and Conditions
By following describes the terms and conditions by which Fuera Inc. grants you access to their technology.
Fuera is a website and mobile application that helps people find and meet running friends, as well as plan runs nearby.
Use of Services
The services include the delivery of software, text, graphics, images, video, audio, data and other material that is collectively referred to as the “Content”. The Content may be owned by Fuera or be provided through a third-party, including users of the Services, partners, sponsors, or affiliates. The Content is protected by copyright under both the United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not use the Content except as permitted by these Terms and Conditions and you have no right to the content.
No use is permitted without prior consent from Fuera or the owner of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce display, publicly perform, make a derivative version of, distribute or otherwise use the Content in any way for any public or commercial purpose. If you violate any part of these Terms and Conditions, your permission to access or use the Content and Services is terminated and you must immediately destroy any copies you’ve made of the Content.
The Services are for personal use only and may not be used for commercial endeavors except for those explicitly approved by the Fuera team. As part of the Services, the following are explicitly prohibited:
- Collecting Fuera user data, including usernames and emails, for the purpose of sending unsolicited communications.
- Any use of Services that degrades the reliability, speed, or operation as determined by Fuera
- The use of web scraping, web harvesting, or data extraction
In order to use the Services provided by Fuera, you must complete the full membership registration form through the application. By completing the form, you agree to:
- Provide accurate, true information for all required fields
- Update user data to maintain accuracy
If you provide, or Fuera has reason to believe you’ve provided, inaccurate data then we reserve the right to terminate your account and refuse all future use of the Services. In using the Services, you represent that you are of legal age to form a binding contract and are not a person who is barred from receiving services under the laws of any applicable jurisdiction.
You have the sole responsibility of maintaining the confidentiality of the password that is connected to your account, as well as restricting access to your account while logged into the application. You accept the responsibility for all activities that occur through your account or from your computer. We are committed to using reasonable security measures to protect against unauthorized access to your account. We cannot guarantee absolute security of your account, your Content or your personal information and we cannot promise that our security measures will prevent third-parties from illegally accessing the application or its contents. You accept all risks of unauthorized access to User Data and other information you provide to Fuera and agree to notify Fuera of any authorized use of your account.
You understand that all the Content, whether public or private, is the sole responsibility of the person who created it. You are fully responsible for all Content that you upload, post, transmit or otherwise make available via Fuera. Fuera does not monitor or control the Content posted to the application by others and cannot guarantee the accuracy, integrity, or quality of the Content. By using Fuera, you understand that you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Fuera be liable in any way for any Content, including, but not limited to, errors, loss or damage of any kind incurred as a results of the use of any Content posted, emailed, transmitted or otherwise made available on the application or site.
You agree to not use the Services to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Fuera member, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit of the functionality of any computer software or hardware; (h) interfere with or disrupt the Services or servers or networks connected to the application, or disobey any requirements, procedures, or policies or regulations of networks connected to the application and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law.
You acknowledge that Fuera may or may not pre-screen or monitor Content, but that Fuera shall have the right, but not the obligation, in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Content or Services. Fuera and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree to bear all risks associated with the use of any Content available by the application or site.
You acknowledge, consent and agree that Fuera may access, preserve and disclose your User Data and other Content if required to do so by law or in good faith believe that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to requests for customer services; or (e) protect the rights, property or personal safety of Fuera, its users and the public. Subject to the foregoing, Fuera will use reasonable efforts to maintain the confidentiality of your User Data.
Fuera does not claim ownership of the Content you submit or make available for inclusion through the site or application. You grant Fuera worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the application or site for the purposes of providing and promoting the application or site and the features or services Fuera makes available. The application may provide you with the option of making certain Content that you submit as private or public. If, upon submission of Content, you mark it as private or public, Fuera will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation or allow such Content to be made available to the public, Fuera can not and does not guarantee the privacy of such Content.
We are happy to receive comments, feedback, suggestions, and other communications regarding the site and the mobile application (the “Feedback”). You are not obligated to provide Feedback; however, in the event that you do, you grant Fuera a worldwide, non-exclusive, transferable, assignable, sub-license, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform or otherwise exploit such Feedback and to use, make, have made sell, offer for sale, import and export products and services based on the Feedback. Do not send Fuera any Feedback that you do not wish to license to us in the matter set forth above.
You agree to defend, indemnify, and hold us harmless from and against all claims, actions, or demands, including, without limitation reasonable legal and accounting fees, arising or results from your breach of these Terms & Conditions or your uploading of, access to, or use or misuses of the Content or Services.
Disclaimer of Warranty
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE APPLICATION OR THE SITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. FUERA AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
FUERA, AS WELL AS ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE SITE (INCLUDING BUT NOT LIMITED TO RUNNING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION NEGLIGENCE OF FUERA OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT FUERA DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY REASON, CONTENT, GROUP RUN OR EVENT THAT UTILIZED FUERA’ SITE OR MOBILE APPLICATION.
YOU EXPRESSLY AGREE TO RELEASE FUERA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENCY, REPRESENTATIVES, EMPLOYEES PARTNERS, AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOU ATHLETIC AND/OR SOCIAL ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC AND/OR SOCIAL ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOUR OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SITE, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY FUERA WHILE ENGAGED IN ATHLETIC AND/OR SOCIAL ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SITE, (d) ANY DELAY OR INABILITY TO USE THE SITE OR MOBILE APPLICATION, (e) ANY INFORMATION, SOFTWARE, PRODUCTS SERVICES OR CONTENT OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FUERA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Since some states do not allow limitation of liability for incidental or consequential damages, the above may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Fuera provides the Services for you to find and meet runners nearby. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a licensed medical professional prior to beginning or modifying any diet or exercise program. YOUR USE OF THE WEBSITE OR THE MOBILE APPLICATION DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND FUERA.
Agreements with Third Party Service Providers and Advertisers
Third party service providers and advertisers are able to directly make and offer products or services. When you purchase any such product or service offering through the mobile application or site, you acknowledge that you are entering into a contract directly with the applicable third party service provider or advertised and not with Fuera. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the mobile application or site, including payment and delivery or related goods or services, and any other terms, conditions, warranties or representations associated with such agreements, are solely between you and the third party service provider or advertiser. Fuera is not responsible for the performance or nonperformance of any third party service provider or advertiser. YOU AGREE THAT FUERA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE ON THE SITE.
Interaction and Site Users
The site and mobile application function as a space for connecting members in a virtual information place. As a neutral facilitator, Fuera is not directly involved in the transactions between members on the site. As a result, Fuera has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the mobile application or site. Fuera shall have no responsibility to confirm the identify of members. Fuera shall have no responsibility to confirm or verify the qualifications, background, or abilities of users of the mobile application or site. You shall at all time exercise common sense and good judgment when interacting with any user of the mobile application or site.
If you elect to “share the beta application”, then Fuera reserves the right to store the user’s contact information to use to identify your friend if your friend later becomes a Fuera members. The contact information is includes, but is not limited to, the phone number and name of your friend. You represent that you authorize to provide any third party email address or other information you provide to Fuera.
The mobile application provides you with the ability to send and post messages, chat, and communicate to third party service providers, advertisers, and other users and/or Fuera. You agree to use communication methods available through the mobile application to send communications and materials related to the subject matter for which Fuera provided the communication method. You agree to use such that all communications sent by you are deemed your Content and shall be subject to and governed by the Terms. By using any communication methods available through the mobile application, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not to be endorsed, sponsored or approved by Fuera (unless expressly stated otherwise by Fuera) and (c) communications are not pre-reviewed, post-reviewed, screened, or archived or otherwise monitored by Fuera in any manner, though Fuera reserves the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that the mobile application and the Site, any necessary software used in connected with either (if any) and any Content available contain proprietary and confidential information protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Fuera or applicable third-party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the mobile application or site, the software or Content available (other than content you submit), in whole or in party. Any third party trademarks or service marks displayed on the mobile application or Site are the property of their respective owners.
Fuera reserves all rights not expressly granted hereunder.
Claims of Copyright Infringement
If you have reason to believe that any part of the Content of the mobile application or site infringes on the copyrights of others, please notify us immediately using the contact information below. It is in our policy to investigate to any allegations of copyright infringement brought to our attention. We reserve the right to suspend and/or terminate access immediately to any mobile application, site, or user who is alleged to have posted infringing materials or a link to infringing materials on the mobile application or site and to immediately remove or disable the allegedly infringing content.
Copyright Infringement Notice
As a result of the Terms or your use of the mobile application and site, you agree that no joint venture, partnership, employment or agency relationship exists between you and Fuera. The Terms encapsulate the agreement between you and Fuera with respect to your use of the mobile application and site. The failure of Fuera to exercise or enforce any right of provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not, under any circumstances, assign, delegate or otherwise transfer your account or obligations under these Terms without the prior written consent of Fuera. Fuera has the right, in its sole discretion, to transfer or assign any parts of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the mobile application or site. Fuera’s notice to you via email, regular mail or notices on the mobile application or site shall constitute acceptable notice to you under the Terms. A printed version of the Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles are for readability and convenience, meaning they have no legal or contractual effect. Any rights not expressly granted in the Terms are reserved.
The mobile application and site are controlled by Fuera from its offices within the United States of America. Fuera makes no representation that the Content in the mobile application or site are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access the mobile application or site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the site or mobile application, the Content or the Terms shall be governed by laws of the Commonwealth of Puerto RIco and controlling U.S. federal law, without regard to conflicts of law thereof. You hereby consent and submit to exclusive jurisdiction and venue of the Commonwealth of Puerto Rico’s Court of First Instance, San Juan Part, located in San Juan, Puerto Rico for any legal proceedings related to the mobile application, Site, or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorney’s’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the mobile application or site or the Terms must be filed within one (1) year after such claim or cause of action or be forever barred.
Questions and Support
If you have any questions or need additional support, please contact us with questions at firstname.lastname@example.org.