Last updated: September 24, 2021
These Terms of Service constitute a legally binding agreement made between you and Hustle L.L.C. concerning your access to and use of the gethustle.ai website and platform. You agree that by accessing the platform, you have read, understood, and agreed to be bound by all of these terms. If you do not agree with all of these terms, you are expressly prohibited from using the platform and you must discontinue use immediately.
We reserve the right to make changes or modifications to these terms at any time and for any reason at our sole discretion. We will alert you about any changes by updating the "Last updated" date of these terms. Your continued use of the platform after the date such revised terms are posted will constitute your acceptance of the changes.
The platform is not tailored to comply with industry-specific regulations such as HIPAA, the Federal Information Security Management Act (FISMA), or the Gramm-Leach-Bliley Act. If your interactions would be subject to such laws, you may not use the platform. Users who are minors must have the permission and direct supervision of a parent or guardian.
Unless otherwise indicated, the platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the platform (collectively, the "Content") are owned or controlled by us and are protected by copyright and trademark laws. The Content is provided on the platform "as is" for your information and personal use only. Except as expressly provided in these terms, no part of the platform or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the platform, you represent and warrant that: all registration information you submit will be true, accurate, current, and complete; you will maintain the accuracy of such information; you have the legal capacity and you agree to comply with these terms; you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the platform; you will not access the platform through automated or non-human means; you will not use the platform for any illegal or unauthorized purpose; and your use of the platform will not violate any applicable law or regulation.
You may be required to register with the platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment: Visa, Mastercard, American Express, and Discover. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
We bill you through an online billing account for purchases made via the platform. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You authorize us to charge your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.
We offer a 14-day free trial to new users who register with the platform. The account will not be charged and the subscription will be suspended until you upgrade to a paid subscription. At any time and without notice, we reserve the right to modify the terms of the free trial offer or cancel such free trial offer.
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at [email protected].
You may not access or use the platform for any purpose other than that for which we make the platform available. As a user of the platform, you agree not to:
The platform may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the platform. Any such contributions you transmit may be treated in accordance with the platform's Privacy Policy. When you create or make available any contributions, you thereby represent and warrant that your contributions do not infringe the proprietary rights of any third party, you own or have the necessary licenses to use and authorize us to use your contributions, and you have written consent from each identifiable natural person in your contributions.
You further represent that your contributions are not false or misleading, are not unsolicited advertising, are not obscene, lewd, or violent, do not harass or threaten any person, do not violate any applicable law or regulation, and do not otherwise violate these terms. Violations may result in the termination or suspension of your account.
You and the platform agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings). By submitting suggestions or other feedback regarding the platform, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions.
If the platform is downloaded via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms of this license.
You shall not: decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; violate any applicable laws in connection with your access or use of the application; remove, alter, or obscure any proprietary notice; use the application for any revenue-generating endeavor or commercial enterprise; or make the application available over a network or environment permitting access or use by multiple devices at the same time.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Our services are "commercial items" as defined in Federal Acquisition Regulation ("FAR") 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense ("DOD"), our services are subject to the terms of these terms in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these terms in accordance with Defense Federal Acquisition Regulation ("DFARS") 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This clause supersedes any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these terms.
We reserve the right, but not the obligation, to: monitor the platform for violations of these terms; take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms; refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof; remove from the platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and otherwise manage the platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the platform.
These terms shall remain in full force and effect while you use the platform. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or of any applicable law or regulation.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the platform at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the platform without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the platform.
We cannot guarantee the platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the platform, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the platform during any downtime or discontinuance of the platform.
These terms shall be governed by and defined following the laws of the State of Idaho. Hustle L.L.C. and yourself irrevocably consent that the courts of Idaho shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these terms (each a "Dispute"), the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.
If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Consumer Arbitration Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable.
There may be information on the platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the platform at any time, without prior notice.
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: your use of the platform; breach of these terms; any breach of your representations and warranties set forth in these terms; your violation of the rights of a third party, including but not limited to intellectual property rights; or any harmful act toward any other user of the platform with whom you connected via the platform.
We will maintain certain data that you transmit to the platform for the purpose of managing the performance of the platform, as well as data relating to your use of the platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the platform, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the platform.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These terms and any policies or operating rules posted by us on the platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. These terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these terms or use of the platform. You agree that these terms will not be construed against us by virtue of having drafted them.
In order to resolve a complaint regarding the platform or to receive further information regarding use of the platform, please contact Hustle L.L.C. at [email protected].