Terms of Use

Terms of Use

Please read these terms of use carefully (“Terms”). These Terms govern and apply to your access and use of
www.fig.com and Fig's social community services available via Fig's site and Fig's mobile apps (collectively,
the “Service”). By accessing or using our Service, you agree to be bound all of the terms and conditions
described in these Terms. If you do not agree to all of these terms and conditions, do not use our Service.
 
Use of the Service
 
Fig allows you to access, view and share wellness activities and programs with your friends through our mobile
and web-based apps and our site (each an “App”). As long as you comply with these Terms, you have the
right to download and install a copy of the App to your mobile device, and to access and use the Service,
for your own personal use. You may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer,
sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party; (iii) decompile,
reverse-engineer, disassemble, or create derivative works of the App or the Service; (iv) make the functionality
of the App or the Service available to multiple users through any means; or (v) use the Service in any unlawful
manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
 
The following terms apply to any App accessed through or downloaded from any app store or distribution
platform (like the Apple App Store or Google Play) where the App is made available (each an “App Provider”).
You acknowledge and agree that:
 
• These Terms are concluded between you and Fig, and not with the App Provider, and that Fig (not the
App Provider), is solely responsible for the App.
 
• The App Provider has no obligation to furnish any maintenance and support services with respect to
the App.
 
• In the event of any failure of the App to conform to any applicable warranty, you may notify the App
Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to
the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation
whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be the sole responsibility of Fig.
 
• The App Provider is not responsible for addressing any claims you have or any claims of any third
party relating to the App or your possession and use of the App, including, but not limited to: (i) product
liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement;
and (iii) claims arising under consumer protection or similar legislation.
 
• In the event of any third party claim that the App or your possession and use of that App infringes
that third party’s intellectual property rights, Fig will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim to the extent required by
these Terms.
 
• The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your
license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App
Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as
related to your license of the App against you as a third party beneficiary thereof.
 
• You must also comply with all applicable third party terms of service when using the App.
 
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the
Service (or features within the Service), possibly without prior notice to you. Our Service may, at some point,
include advertisements, which may be targeted to the content or information on the Service, queries made
through the Service, or from other information. The types and extent of advertising on the Service are also
subject to change over time. In consideration for providing you the Service, you agree that we and our third
party providers and partners may place advertising on our Service or in connection with the display of content
or information on our Service.
 
Creating a Fig Account
 
In order to access and use Fig, you will need to register and create an account (your “Account”). By creating
an Account, you represent that you are of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other applicable jurisdiction. When creating
an Account, you may be required to provide certain personal information about yourself and will establish
a username and a password. You agree to provide accurate, current and complete information about your
Account.
 
When creating an Account, don’t:
 
• provide any false personal information to us (including a false username) or create any account for
anyone other than yourself without such other person's permission;
 
• use a username that is the name of another person with the intent to impersonate that person;
 
• use a username that is subject to rights of another person without appropriate authorization; or
 
• use a username that is offensive, vulgar or obscene or otherwise in bad taste.
 
We reserve the right to suspend or terminate your Account if any information provided during the registration
process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create
through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your
password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized
third party, or otherwise may have been compromised. You are responsible for activities that occur under your
Account.
 
You can link your Account to various webmail, social networking, and other online accounts. You may only
link your own accounts. We will access and retrieve your account information from these sites on your behalf
(in some cases, by using your username and password) to make certain information or services available to
you through the Service. By linking your other accounts, you expressly authorize us to access your account
information from those third party accounts, on your behalf as your agent and permit us to access, use and, in
some cases, store your account information to accomplish the foregoing.
 
Privacy Policy
 
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our
users.
 
Content Submissions
 
Our Service allows you and other users to mark activity progress, post, link, modify, store, share and otherwise
make available certain information, images, videos, text and/or other content (“Content”). You are responsible
for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting
Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content on and through the Service. You agree that this license includes the
right for us to make your Content available to other users of the Service, who may also use your Content
subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or
through the Service and you are responsible for protecting those rights.
 
You can remove Content that you posted by specifically deleting it. In certain instances, however, some
Content (such as posts or comments you make) may not be completely removed and copies of your Content
may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or
deletion of (or the failure to remove or delete) any Content on the Service.
 
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us
the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service
does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
 
We ask that you respect our on-line community and other users when posting Content and using the Service.
When submitting Content to or otherwise using the Service, you agree not to:
 
• submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or
that otherwise violates any applicable law;
 
• publish falsehoods or misrepresentations that could damage us, our users or any third party;
 
• publish any private information of someone, like their address, phone number, email address, and
similar information without their permission;
 
• submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise inappropriate;
 
• post advertisements;
 
• impersonate another person or represent yourself as affiliated with us, our staff or other industry
professionals;
 
• solicit a user's password or other account information; or
 
• harvest user names, addresses, or email addresses for any purpose.
 
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor
your access to or use of the Service or to review or edit any Content, but we have the right to do so for the
purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law
or the order or requirement of a court, administrative agency or other governmental body. We reserve the right,
at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole
discretion, to be in violation of these Terms or otherwise harmful to the Service.
 
Content on the Service
 
The Content available through the Service has not been reviewed, verified or authenticated by us, and
may include inaccuracies or false information. We make no representations, warranties, or guarantees in
connection with our Service or any Content on the Service, relating to the quality, suitability, truth, medical
viability,  accuracy or completeness of any content contained in the Service. You acknowledge sole
responsibility for and assume all risk arising from your use or reliance of any Content.
 
Copyright Policy
 
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service
and will remove any such Content if properly notified that such Content infringes on another's intellectual
property rights. 
 
Unauthorized Activities
 
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the
following while using or accessing the Service: (i) attempt to access or search the Service or download Content
from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders,
robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us
or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of
the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use
information, such as other users’ names, real names, email addresses, available through the Service to
transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any
commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any
applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We
reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with
law enforcement authorities in prosecuting users who violate these Terms.
 
Indemnity
 
You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and
expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any
claim or demand from a third party that your use of the Service or the use of the Service by any person using
your Account violates any applicable law or regulation, or the rights of any third party.
 
Links to Third Party Sites
 
The Service may include links to other sites and services that are not operated by us. We are providing these
links to you only as a convenience and are not responsible for the content or links displayed on such sites. You
are responsible for and assume all risk arising from your use or reliance of any third party sites.
 
Ownership
 
Our App and Service is protected by copyright, trademark, and other laws of the United States and foreign
countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and
interest in and to the App and the Service, including all associated intellectual property rights. You may not
remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated
in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any
feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the
sole and exclusive property of Fig and you hereby irrevocably assign to us all of your right, title and interest in
and to all Feedback.
 
Termination
 
If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of
the App and/or Service.
 
Disclaimer
 
You understand and agree that the App and the Service are provided to you “AS IS” and on an “AS
AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-
INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF
TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an
uninterrupted, secure, or error-free basis.
 
Limitation of Liability
 
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF
LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP AND IN NO EVENT WILL
IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS,
DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS
TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT
OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE
SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR
CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY
OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.
 
Exclusions
 
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may not apply to you.
 
General
 
These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules
or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of
those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us
regarding our Service, and supersede and replace any prior agreements we might have between us regarding
the Service. We may revise these Terms from time to time, and we will try to provide at least 30 days notice
prior to any new terms taking effect. By continuing to access or use our Service after those revisions become
effective, you agree to be bound by the revised terms.
 
Questions & Contact Information
 
Please contact us at engage@fig.com if you have any questions about our Terms.
Effective: October 3, 2012