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.
1.0 Invitation
Registration for early access means that you have joined the list (“Waitlist”) to be notified when the full version of the FIERCE products, services, content, features, technologies, or functions, and all related websites, mobile applications and services offered to you by us (collectively “Services”) launches publicly (“Launch”) so that you may apply for Services. Joining the waitlist gets you in line to apply for a FIERCE account. Signing up for the Waitlist doesn’t make you a Fierce Financial customer, require us to provide you any Services, or create any legal or regulatory duty on our part – save for exercising care to protect your email address per our Privacy Policy.
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.
2.0 Eligibility
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
By participating in the Waitlist and using the Website, you agree to be fully and unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept all decisions of Fierce Financial regarding the Waitlist as final and binding and you acknowledge and agree that Fierce Financial may unilaterally make changes to these Rules, which such changes may apply retroactively, in its sole and absolute discretion. The use of the Website is governed by our Privacy Policy and Terms of Use. By using the Website, you acknowledge that you have read these disclaimers and policies and that you accept and will be bound by their terms.
4.0 Communication
We may communicate with you via email and we may collect information regarding such communications, such as confirmation when you open an email. We use this information to operate and improve our services, including without limitation our customer service. By providing us with your email address, you thereby authorize us to contact you via email at such address, and you thereby consent to the receipt of such messages. You may opt-out of receiving these messages at any time by sending us a request at [email protected]. You acknowledge that opting out of receiving email may impact your use of the Services. Please refer to the Privacy Policy accessible on the Website for more information.
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.
6.0 Indemnification
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.
7.0 Disputes
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.
