Brook Furniture Rental, Inc. (“we”, “our,” “us,” “Brook” or “Company” ) is offering you the opportunity to refer friends via a Referral Program (“Program” ) offered on the web site located at www.bfr.com (the “Site” ).
- Binding Agreement. By using the Site or participating in the Program, you are bound by these Terms and Conditions (“Terms” ) and indicate your agreement to them. All of the Company's decisions are final and binding.
- Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with Company’s Privacy Statement. To familiarize yourself with our Privacy Statement, you may access it at www.bfr.com/privacy.
- How the Program Works. You must be a legal resident of the United States of America and at least 18 years old to use our Site; if you do not meet these requirements, you are not permitted to join this Program.
You must review and agree to all of the Terms set forth herein, and you do so by clicking through and accepting them as part of completing your registration for the Program. Next, you must visit the Site and follow the on-screen instructions to refer your friends, family members or colleagues. Once an individual makes a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link” ) that allows her to receive the benefit or reward advertised on our Site. Referred friends (“Friends” ) must complete the referral as described in the referral message to be eligible for rewards made under the Program.
- Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as “Friends”. No user may use the 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, derogatory, defamatory, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the 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 the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING INSTITUTING CRIMINAL PROSECUTION AND CIVIL DAMAGES AGAINST ANYONE IN VIOLATION OF THIS SECTION 4 (RESTRICTIONS).
We reserve our right to limit the number of referrals made under this program per session and to limit the total number of referrals made during the entirety of the Program.
Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies are not eligible to participate in this Program.
- Rewards. By making a valid referral, you will receive an “Advocate Reward” and your Friend will receive a “Friend Reward.” The size of an Advocate Reward, or as the case may be, a Friend Reward, varies depending upon the duration of the lease referred to us by you as well as any seasonal or special promotions made in writing by us from time to time during the course of this Program. In general, the longer the lease commitment made by a lessee referred by you, the bigger your reward will be under this Program (up to the maximum award established for leases of duration of twelve (12) months or longer). A lease referral qualifies for such rewards eight (8) days after the delivery of the leased property (i.e., Brook furniture and furnishings) made to lessee’s premises under a duly executed lease. These rewards may be redeemed in various forms in the Company's sole discretion. Additional restrictions may apply and rewards may be subject to additional terms and conditions set forth in seasonal or special promotions launched under this Program from time to time. For example, we may limit the number of referrals by Program participants. . Additionally, if your reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions. Rewards are subject to verification by us. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason.
Only referrals directly submitted under this Program are eligible for an Advocate Reward or Friend Reward. It is understood that referrals submitted outside the Program, including without limitation, introductions by word of mouth, text, email or phone, shall not qualify for any reward under this Program.
Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. These rewards are not transferable and may not be auctioned, traded, bartered or sold.
You are fully responsible for payment of any taxes or similar levies arising out your receipt of an Advocate Reward or Friend Reward under this Program.
- Limitation of Liability. EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BE LIMITED BY APPLICABLE LAW, THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR for any loss of PROFITS, REVENUES, OR GOODWILL OR OTHER ECONOMIC ADVANTAGE ARISING IN ANY WAY RELATED TO THE PROGRAM, WHETHER AN ACTION IS IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY OR RECOVERY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. By participating in the Program, you hereby agree to defend, indemnify, release and hold harmless the Company, Extole, Inc., as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties” ), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from your participating in or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users or participants in the Program for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent for making such referral. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action by us. The Company has no obligation to monitor the Program or any communications; however, the Company may, in its sole and absolute discretion, choose to do so and block any email messages, remove any content, or prohibit any use of the Program. Referrers who do not comply with applicable laws, including anti-spam laws, shall be solely responsible for such violations and shall be obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of any such spam generated by them in the course of participating in the Program.
- Indemnification. Referrer acknowledges and understands that he or she (i) is not an employee of the Company, (ii) shall not be eligible to participate in any of the Company’s employee benefit plans, fringe benefit programs, group insurance arrangements, or similar programs, if any, unless otherwise specified in writing hereafter or unless otherwise required by applicable law, and (iii) is solely responsible for payment of all taxes arising out of any reward or any other form of compensation awarded under the Program. Referrer hereby agrees to defend, indemnify and hold the Company harmless with respect to (i) any claim that Referrer is entitled to any Company employee benefit, (ii) any tax liability arising out of the payment of any reward under the Program to Referrer, and (iii) any liability resulting from Referrer’s violation of any law in connection with his or her participation in the Program.
- Sign-In Credentials; Responsibility for Your Email. Users are solely responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. You hereby agree to notify us immediately if you suspect unauthorized access to your Company reward account. You further agree that the Company will not be liable for any loss or damage arising from unauthorized use of your credentials. In addition, you hereby acknowledge that the Company is not responsible for your failure to use appropriate measures to ensure reliable communication in connection with your participation in our Program. If you fail to take such required measures, you may not receive rewards provided under this Program, as the Company does not issue rewards except through such email communication with the Referrers. You are fully responsible for your own internet connection, hardware and other devices used in the course of your participation in the Program, and as such, you are solely responsible for ensuring that email or other communication about rewards and other Program benefits are not blocked as spam or junk email or otherwise deleted or mishandled by you in connection with any reward issued under the Program. If you change your email service provider, you are solely responsible for updating your registration information with us. You hereby acknowledge that we are not liable for, and are not required to re-issue any reward, in instances of a technical error, corruption of your email, spam or blocked emails, deleted emails or similar cases described herein, and you do hereby agree to indemnify us against any such claim.
- Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms.
- Electronic Signature. You understand and agree that in order to participate in this Program, you must acknowledge satisfaction of the terms and conditions hereof. Youhereby accept and agree to all of these Terms by clicking through and accepting them as part of your registration for the Program.