By participating in the program, the Referrer and the Prospect agree to and will indemnify and hold Archer Parkside, its agents, parent companies, and their respective affiliates, harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the program or breach of the terms of this program.
Warranty Disclaimers; Limitation of Liability
THE REFERRER AND THE PROSPECT EXPRESSLY AGREE THAT PARTICIPATION IN THE PROGRAM IS AT THEIR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO THE REFERRER AND THE PROSPECT ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER Archer Parkside NOR ANY OF ITS AFFILIATES, THROUGH THIS PROGRAM, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Archer Parkside, ITS AGENTS, ITS PARENT COMPANY(IES), OR ANY OF ITS AFFILIATED COMPANY(IES), BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THIS PROGRAM, EVEN IF ADVICE OF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN PROVIDED.
Acceptance and Jurisdiction
By participating in this program, the Referrer and the Prospect agree that they have read, understand, and will abide, and be bound by, the terms of this program, which shall be governed in all respects in accordance with the laws of the State of New York without regard to the conflict or choice of law rules thereof. The federal and state courts of New York shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the program you consent to same.
FTC 16 CFR Part 255 Compliance
Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts to enroll in this program. Neither the Referrer nor the Prospect may use this program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of this program. In addition, neither the Referrer nor the Prospect may (i) tamper with this program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in this program: this includes but is not limited to a general prohibition on posting of the referral codes on any website which offers the referral code to anyone other than individuals whom you personally know. If Archer Parkside believes that a referral code associated with a Referrer’s or Prospect’s account was used in such a manner, Archer Parkside has the right to remove all credit associated with that account and remove the Referrer and/or the Prospect, as the case may be, from this program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, Archer Parkside RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Right to Cancel, Modify or Terminate. Archer Parkside and its agents reserve the right to (a) cancel, modify or terminate this program at any time for any reason; and/or (b) disqualify any Referrer or Prospect at any time from participation in this program if Archer Parkside, or its agents, have a good faith belief that any Referrer or Prospect has violated any of the terms of this program.