Last Updated May 2, 2022
You may register for early access to the FIERCE platform by submitting an entry using the online form provided on the FIERCE website (the “Website”), in effect as of the time of registration and as may be modified or amended by Fierce Financial, Inc. (“Fierce Financial”, “we”, or “us”) from time to time. Registrations that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Fierce Financial. You may register only once and any attempt to enter more times than once by using multiple email addresses, identities, or devices in an attempt to circumvent the rules shall disqualify you from Waitlist eligibility; any such determination shall be made at the sole discretion of Fierce Financial.
Launch will occur on an official launch date to be determined by Fierce Financial in its sole discretion (“Official Launch Date”). Notwithstanding anything herein to the contrary, We may release earlier versions of the product (e.g., alpha, beta, etc.) to other users for testing purposes before or after the Official Launch Date and such releases shall not constitute Launch of the Services. Upon Launch, we plan to invite people who have registered for early access to apply for a FIERCE account sequentially, based on their relative positions on the Waitlist. Position on the Waitlist is determined by the time that each user signed up by submitting an email address on the Website. Services are subject to availability, application approval and applicable terms and conditions.
The Waitlist is open only to those who sign up on the Website in compliance with these rules (“Rules”) and who are at least 18 years old as of the date of entry. The Campaign is open to all legal residents of the United States of America, and is void where prohibited by law. The Waitlist is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
3.0 Agreement to Rules
5.0 Terms and Conditions
Fierce Financial reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Waitlist should virus, bug, non-authorized human intervention, fraud, or other cause beyond our control which may corrupt or affect the administration, security, fairness, or proper conduct of the Waitlist. In such cases, we may grant early access to eligible registrations received prior to and/or after (if appropriate) the action taken by Fierce Financial. Fierce Financial reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the registration process or the operation of the Waitlist or Website or violates these Rules. Fierce Financial has the right, in its sole discretion, to maintain the integrity of the Waitlist, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Waitlist rules; or the use of bots, macros, scripts, or other technical means for registering. Any attempt by an entrant to deliberately damage any Website or undermine the legitimate operation of the Waitlist may be a violation of criminal and civil laws. Should such an attempt be made, Fierce Financial reserves the right to seek damages to the fullest extent permitted by law. The Waitlist and Website are in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, TikTok, or Reddit or other social networks that are used to share participation.
You agree to release, indemnify, defend, and hold Fierce Financial, its Affiliates, and our and their respective shareholders, members, officers, directors, employees, agents, advertising and promotion agencies, and representatives (collectively, “Fierce Financial Indemnitees”) harmless from and against any and all damages, liabilities, illness, injury, death, losses, litigation, claim, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Waitlist; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Waitlist; (v) electronic or human error in the administration of the Waitlist or the processing of entries.
These Rules are governed by the laws of the State of New York, without regards to conflicts of law principles. As a condition of participating in the Waitlist, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with the Waitlist, shall be resolved individually, without resort to any form of class action, exclusively before the courts in New York. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, New York County for purposes of any such action. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Waitlist). Participant further waives all rights to have damages multiplied or increased.