TERMS OF USE

 

Last updated: Apr 14, 2022

 

TABLE OF CONTENTS

 

  1. AGREEMENT TO TERMS

  2. THE HUSSLE APP CONNECTS HUSSLERS AND BUYERS 

  3. USER VETTING, USER REPRESENTATIONS, AND WARRANTIES

  4. CONTRACT BETWEEN BUYERS AND HUSSLERS

  5. BILLING AND PAYMENT

  6. CONTESTS, GIFT CARDS, AND PROMOTIONAL CODES

  7. PROHIBITED ACTIVITIES 

  8. MOBILE APP UPDATES AND UPGRADES

  9. CORRECTIONS

  10. TERM AND TERMINATION

  11. ACCOUNT AND SECURITY 

  12. USER CONTENT

  13. CONTENT LICENSE

  14. LINKS TO THIRD-PARTIES

  15. WORKER CLASSIFICATION AND WITHHOLDINGS

  16. INTELLECTUAL PROPERTY RIGHTS

  17. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENTS

  18. DISCLAIMER OF WARRANTIES

  19. LIMITATIONS OF LIABILITY 

  20. INDEMNIFICATION

  21. DISPUTE RESOLUTION

  22. GOVERNING LAW

  23. NO PARTNERSHIP; NO EMPLOYMENT

  24. LICENSING 

  25. MODIFICATIONS AND INTERRUPTIONS

  26. NO RIGHTS OF THIRD PARTIES

  27. SUBMISSIONS

  28. APP MANAGEMENT

  29. USER DATA

  30. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

  31. MISCELLANEOUS

  32. NOTICE REGARDING APPLE

  33. CONTACT US




 

1. AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Hussle, Inc. (“Company,” “Hussle,” “we,” “us,” or “our”), concerning your access to and use of the Hussle: Local College Gigs mobile application as well as any other media form, media channel, website, or mobile website related, linked, or otherwise connected thereto (collectively, the “App” or the “Hussle App”). You agree that by accessing the App, you have read, understand, and agree to be bound by all of these Terms of Use, the Privacy Policy, and any future amendments and additions to this Agreement (as defined below) as we may publish them from time to time. The Privacy Policy is incorporated by reference into these Terms of Use and together form and are hereinafter referred to as this “Agreement”.

 

Supplemental terms of use or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our App so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the App after the date such revised Terms of Use are posted. 

 

The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

You must be at least 18 years old (for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the App. If you are under 18 years old (for U.S. based users) or the age of majority in your jurisdiction, then you may not use or access the App. Children under 13 years old are prohibited from accessing the App or otherwise providing any personal information to Hussle, Inc.

 

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND HUSSLE CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 22), PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

 

FURTHER, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 22) AND YOU ACCEPT ALL OF ITS TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

 

A few highlights of these Terms of Use include: 

 

  • Your agreement that the App is provided “as is” and without warranty of any kind. (Section 19)

  • Your agreement that the Company has no liability regarding the App or the performance of Gigs (as defined below in Section ______). (Section 19).

  • Your acknowledgement and agreement that Buyers (defined in Section 2), and not Hussle, scope, supervise, direct, control, and monitor the work of a Hussler (as defined below in Section 2) and their Gigs (as defined below in Section 2).

  • Your acknowledgement and agreement that Buyers are solely responsible for determining if the Hussler they hire is qualified to perform the task at hand.

  • Your acknowledgement and agreement that Husslers are independent contractors of Buyers and not employees, independent contractors or service providers of Hussle (Sections 2 and 15)

  • Your consent to release Company from liability based on claims between Users (Section 3), in respect to Hussler claims (Section 15) and generally (Section 19).

  • Your agreement to indemnify Company from claims due to your use or inability to use the App, or content submitted from your account to the App (Section 21).

  • Your agreement to submit any claims made against the Company to binding arbitration, and on individual basis only, to the extent permitted by applicable law (Section 22).

 

2. THE HUSSLE APP CONNECTS HUSSLERS AND BUYERS

 

The Hussle App is a mobile application-based communications platform which enables connections between Husslers and Buyers. “Buyers” are individuals seeking to obtain short-term and/or recurring task services (“Gigs”) from Husslers and are therefore the clients of Husslers. “Husslers” are individuals and seeking to perform Gigs for Buyers. Buyers and Husslers are together hereinafter referred as “Users.” Users of the App are restricted to those individuals who identify as college students. Hussle, Inc. verifies college-student-status by only allowing college-affiliated email addresses to be used to create accounts (Section 3). If you agree on the terms of a Gig with another User, you and such User form a Gig Agreement directly between the two of you. More details about the Gig Agreement can be found in Section 4 below. 

HUSSLERS ARE INDEPENDENT CONTRACTORS OF BUYERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISES OF COMPANY. COMPANY DOES NOT PERFORM GIGS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM GIGS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A HUSSLER’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE GIGS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND PROFESSIONAL SERVICES, WARRANT OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

 

The Hussle App only enables connections between Users for the fulfillment of Gigs. Company is not responsible for the performance or communications of Users, not does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Gigs, Husslers, Buyers, nor of the integrity, responsibility, competence, qualifications, certifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. The Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Gigs requested or services provided by, or the communications of or between, Users identified through the Hussle App, whether in public, private, offline interactions or otherwise howsoever.

 

3. USER VETTING, USER REPRESENTATIONS, AND WARRANTIES

 

User Vetting

 

In the Company’s sole discretion, Users may be subject to an extensive vetting process before they can register for and during their use of the Hussle App, including but not limited to a verification of their identity and/or college-student-status, using third party services as appropriate (“Identity Checks”). Although the Company may perform Identity Checks, Company is not responsible, obligated or otherwise required to do so and cannot confirm that each User is who they claim to be. Company cannot and does not assume responsibility for the accuracy, truthfulness, or reliability of Identity Check information or any information provided through the Hussle App. 

 

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Hussle, Inc. will not be liable for any false or misleading statements made by Users of the Hussle App. NEITHER HUSSLE NOR ITS PARTNERS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVE, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “HUSSLE AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HUSSLE APP AND YOU HEREBY RELEASE HUSSLE AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE HUSSLE APP.

 

User Representations and Warranties

 

You represent and warrant that: 1. You are at least 18 years of age or older, or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and 2. You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions contained in this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of another organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement. 

 

You further represent and warrant that you have read, understand, and agree to be bound by these Terms of Use, and the Privacy Policy in order to access and use the Hussle App. You hereby warrant and represent that you will respect the privacy (including with limitation private, family, and home life), property, and data protection rights of Users and that you will not record (whether video, or audio, or otherwise) any Gig or any interaction by or with any User and/or Company in connection with the Hussle App without the prior written consent of Company and/or the relevant User, as applicable. You further represent and warrant that you will fulfill the commitments you make to other Users, including paying/receiving payment through the Hussle App using the PPS (as defined below), performing the Gig(s) agreed upon as between the Hussler and Buyer, communicating clearly and promptly through the chat thread and/or responding to invitations or appointments promptly, being present and/or available at the time you agree upon with your Hussler or Buyer as the case may be, amd only using the third party payment processing system specified or approved by us to make or receive payment for services provided through the Hussle App (the “PPS”). You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You further represent and warrant that when using or accessing the Hussle App, you will act in accordance with any applicable local, state, provincial, federal/national, or international laws or customs and in good faith.

 

You hereby warrant and represent that, other than as fully and promptly disclosed to the Company as set forth below, you do not have any status, motivation, or interest which the Company may reasonably want to know about in connection or relation with Hussle, Inc., including without limitation, if you are using or intend to or will use the App for any journalistic, investigative, or unlawful purpose. You hereby represent and warrant that you will promptly disclose to the Company in writing any such status, motivation, or interest, whether existing prior to registration or as arises during your use of the Hussle App. 

 

Husslers additionally represent and warrant that that you will provide timely, professional, high-quality services to your Buyers, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely and in accordance with all applicable laws, and that you have the legal right to work in the country in which you are performing Gigs.

 

4. CONTRACT BETWEEN BUYERS AND HUSSLERS

 

You acknowledge and agree that a legally binding contract (the “Gig Agreement”) is formed when you agree on the terms of a Gig with another User. The terms of the Gig Agreement include the terms set forth in this Section 4, the engagement terms proposed and accepted on the Hussle App, and any other contractual terms accepted by both the Hussler and their Buyer to the extent such terms do not conflict with the terms in this Agreement, including this Section 4, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Gig Agreement and the formation of a Gig Agreement will not, under any circumstance, create an employment or other service relationship between the Company and the Hussler, nor will it create an employment relationship between the Buyer and the Hussler. The Company’s role is restricted solely to acting as a limited payment collection agent for the Hussler to facilitate payment on behalf of the Hussler through the Hussle App using the PPS in respect of Gigs they perform. In acting as the limited payment collection agent for particular Gigs on the Hussle App, Hussle disclaims any other agency or authority to act on behalf of the Hussler, and assumes no responsibility or liability for any acts or omissions of the Hussler, either within or outside of the Hussle App.

 

While using the Hussle App, Buyers, in their sole discretion, determine whether they will be present or not when a Gig is performed and/or completed, in cases deemed appropriate by the Buyer. Buyers who choose not to be present when a Gig is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, friend, etcetera) is present when the Gig is performed, they are appoint that person as their agent (“Buyer’s Agent”) and the Hussler may take and follow directions from the Buyer’s Agent as if such direction was given by the Buyer him or herself. 

 

The Buyer agrees to pay the Hussler directly for completed Gigs through the PPS as indicated on the Hussle App at the rates agreed to by the parties in the Gig Agreement. Each User agrees to comply with the Gig Agreement and this Agreement during the engagement, performance, and completion of a Gig. Both Users involved in a Gig Agreement agree to notify the Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding. Hussle reserves the right to suspend or terminate any account or Gig pending the resolution of any dispute.

 

5. BILLING AND PAYMENT

 

Users of the Hussle App contract for Gigs directly with other Users. Hussle will not be a party to any contracts for Gigs. Payment for GIgs through the Hussle App is made directly from the Buyer to the Hussler via the PPS, and not by the Company.

 

Users of the Hussle App will be required to provide their payment method details to Company and the PPS. When a Buyer requests a Gig from a Hussler on the App, this will result in a temporary hold by the amount of the respective Gig requested on the Buyer’s debit or credit card, as chosen by the Buyer. Husslers are responsible for the performance and completion of the Gig. Husslers are further responsible for marking the respective Gig as completed on the App. Buyers are responsible for acknowledging that the Gig was completed and the service was received from the respective Hussler, which they are responsible for enacting within the Hussle App by marking the respective Gig as complete as a Buyer, which will then pass the temporarily held amount to the Hussler within Hussle App. If the Buyer fails to mark the Gig as complete from their end on the Hussle App, the Buyer automatically authorizes the PPS to process the payment in one (1) day. THE COMPANY IS NOT OBLIGATED TO PAY THE HUSSLER FOR THE BUYER’S FAILURE TO PAY FOR SERVICES. 

 

Buyers will be entirely responsible for paying the invoice for each Gig (the “Invoice”), which will include: (i) The pricing terms of the Gig agreed with and provided by a Hussler (“Gig Payment”, also sometimes referred to as “Subtotal”), and (ii) The service charge Company assesses to the Buyer as payable for the use of the Hussle app, along with the PPS fees which is variable based on the Subtotal (referred collectively as “Fees”). Husslers will be responsible for paying  (i) a 10% commission on any payments received through the Hussle App for Gigs completed by the Hussler, and (ii) repayment of erroneous payments. Buyers may also be charged credit card processing fees equal to three percent (3%) of the aggregate expense amount related to a Gig individually, or Gigs in the aggregate over a 30-day period, exceed $300.00.

 

To help prevent fraud and safeguard User Information from the risk of unauthorized access, the Company and/or the PPS may validate an account before activation. As part of the account validation, a temporary charge is placed on the account associated with the User and then refunded within 1-3 business days. Due to the differences in PPS and credit card issuer requirements, this temporary charge may vary between $0.01 to $5,000.00, depending on the estimated value of the Gig and expenses.

 

The Company reserves the right (but not the obligation), in its sole discretion, upon request from Buyer or Hussler, or upon notice of any potential fraud, unauthorized charges, or other misuse of the Hussle App, to (i) Place on hold any Gig Payment, or (ii) refund or provide credits, or arrange for the PPS to do so.

 

Gig Payment and related fees must be paid through the PPS as indicated on the Hussle App.

 

USERS OF THE HUSSLE APP WILL BE LIABLE FOR ANY TAXES REQUIRED TO BE PAID ON THE GIGS PROVIDED UNDER THE AGREEMENT.  



 

6. CONTESTS, GIFT CARDS, AND PROMOTIONAL CODES

 

Company may from time to time provide certain promotional opportunities and/or contests to Users. All such promotions will be run at the sole discretion of the Company, and can be activated, modified, or removed at any time by the Company without prior notification. The liability of any of the Company’s corporate partners pursuant to such promotional opportunities and contests shall be limited pursuant to Section 19 of these Terms of Use.

 

Company promotional codes (“Promo Codes”) may be available and can be used to pay Gig Payments and Company service charges and platform fees in part or in full.

 

Promo Codes

 

Promo Codes are an offer by the Company to reduce the amount a Buyer has to pay in relation to a Gig Payment, service fee, and/or platform fee. Promo Codes will not affect the amount of the Gig Payment a Hussler ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between the Company or the Hussler or represent wages, fees, or other amounts paid to the Hussler by the Company. You agree that you will use the Promo Codes according to these terms of the Promo Code. The Company reserves the right to deduct or withhold credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the Company determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms of this Agreement.  

 

7. PROHIBITED ACTIVITIES; ACCEPTABLE USE

 

The Hussle App may contain profiles, reviews, ratings, Gig postings, Gig updates, chat areas, and/or other message and communication systems (“Public Spaces”) that allow Users to communicate with other Users. You may only use such Public Spaces to send and receive messages and materials that are relevant, appropriate, and proper to the applicable forum. 

 

Without limitation, while using the Hussle App, you may not:

 

  • Defame, harass, abuse, stalk, threaten, intimidate, mislead, misrepresent, or otherwise violate the legal rights of others, including Users and Hussle and Affiliates, or use information learned from the Hussle App or during the performance of Gigs to otherwise defame, harass, abuse, stalk, threaten, intimidate, mislead, misrepresent, or otherwise violate the legal rights of any other User or Hussle and Affiliates; 

  • Publish, post, upload, distribute, or disseminate any profane, defamatory, infringing, obscene, or unlawful topic, name, material, or information on the Hussle App; 

  • Use the Hussle App for any unauthorized purpose, including but not limited to posting or completing a Gig in violation of local, state, federal, or international law, as applicable;

  • Post or upload any content to which you have not obtained the necessary rights or permissions to use accordingly;

  • Advertise or offer to sell any goods or services for any commercial purpose through the Hussle App which are not relevant to the Gig services offered through the Hussle App; 

  • Post or complete a Gig requiring a User to (i) purchase or obtain gift cards or money orders, (ii) provide ridesharing or other peer-to-peer transportation services, or (iii) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by the Company in its sole discretion;

  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;

  • Impersonate another person or User or allow any other person or entity to use your identification to post or view comments or otherwise act on your behalf; 

  • Post the same Gig repeatedly (“Spamming”) — Spamming is prohibited on the App;

  • Download or save any pictures, posts, or any other kind of content posted by another User that you know, or reasonably should know, cannot be legally distributed through the Hussle App; 

  • Restrict or hinder any other User from using and enjoying the Public Spaces of the App; 

  • Imply, whether directly or indirectly, or state that any statements you make are endorsed by Hussle, without the prior written consent of Hussle; 

  • Use a robot, spambot, spider, crawler, scraper or other automated means or devices to data-mine, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Hussle App, or the electronic addresses or personal information of others, in any manner;

  • Frame or use framing tactics to enclose the Hussle App or any portion thereof;

  • Hack or interfere with the Hussle App, its servers, or any connect networks;

  • Adapt, alter, license, sublicense or translate the App for your own personal or commercial use;

  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary rights or marks owned by Hussle and Affiliates;

  • Upload content that provides materials or access to such materials that exploit people in an abusive, violent, or sexual manner;

  • Use the App to solicit for any other business, website, mobile application, or service or otherwise contact Users for employment, contracting, or any purpose not related to the use of the Hussle App as set forth herein;

  • Use the App to collect usernames, email addresses, or other personal information of Users by any means.

  • Use the App or the Gigs in violation of this Agreement;

  • Use the App in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of of accessing or otherwise obtaining Hussle’s trade secrets for public disclosure or personal, commercial, or other purposes;

  • Attempt to circumvent the payments system or service fees in any way including but not limited to processing payments outside of the Hussle App, providing inaccurate information on Gig listing, or otherwise invoicing in a false, misrepresentative, misleading or fraudulent manner;

  • Register under different usernames or identities after your account has been suspended or terminated, or register multiple usernames or false identities or register using a false or disposable email or phone number; or

  • Cause any third party to engage in the restricted activities above. 

 

Further, you understand that all submissions made to Public Spaces will be public and that you will be publicly identified by your name or login identification or profile information provided by yourself when communicating in Public Spaces. Hussle will not be responsible for the actions of any Users with respect to any information or materials posted in Public Spaces. 

 

You also agree that your use of the App will not violate any local, state, or federal laws and regulations as applicable.

 

8. MOBILE APP UPDATES AND UPGRADES

 

By installing the Hussle App, you consent to the installation of the App and any updates or upgrades that are released through the Hussle App. The App, including any updates or upgrades, may (i) cause your devices to automatically communicate with Hussle’s servers in order to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information in accordance and compliance with our Privacy Policy. You can uninstall the App at any time. 

 

9. CORRECTIONS 

 

There may be information on the App 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 App at any time, without prior notice.

 

10. TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANT, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

 

If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third part, even if you may be acting on behalf of the third party with their full consent. 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 or arbitration pursuant to Section 22 of these Terms of Use.

 

Even after your right to use the Hussle App is terminated or limited, this Agreement will remain enforceable against you. 

 

You may terminate this Agreement at any time by ceasing all use of the Hussle App. All parts of this Agreement which by their nature should survive the termination or expiration of this Agreement shall continue in full force and effect subsequent to and notwithstanding the termination or expiration of this Agreement. 

 

11. ACCOUNT AND SECURITY

 

You must register with Hussle (through the mobile application) and create an account in order to use the Hussle App (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any login, password, and other information provided by you or given to you by Hussle for accessing the Hussle App. You are fully and solely responsible for all activity that occurs under your account or password, even if not authorized by you. If you are using or accessing the Hussle App on behalf of someone else, you represent and warrant that you have the authority to bind that person as the principal to all Terms provided herein. The Company has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your account or password or you suspect any other breach of security, you agree to contact the Company immediately.

 

12. USER CONTENT

 

“User Content” is defined as any information and materials you provide to the Company, or other Users in connection with your use of the Hussle App, including but not limited to that posted or transmitted for use in Public Spaces. 

 

You are solely and fully responsible for your User Content, and acknowledge we merely act as a passive channel for your online distribution and publication of your User Content. You agree and acknowledge that Hussle is not responsible for or involved in the creation or development of User Content, that Hussle cannot be liable for any claims arising from or in connection with User Content. Further, you agree and acknowledge that Hussle has no obligation or responsibility to monitor, review, or remove User Content. Nonetheless, Hussle reserves the right to monitor, limit, or remove User Content on the App at its sole discretion.

 

When you create or make available any User Content, you thereby represent and warrant that:

 

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use your User Content appropriately on the Hussle App.

  • You have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Content in any manner contemplated by the App and this Agreement.

  • Your User Contents are not false, inaccurate, or misleading. 

  • Your User Contents are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • Your User Contents are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us). 

  • Your User Contents do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your User Contents are not used to harass or threaten (in the legal sense of those terms) any other person using the App or otherwise, and are not used to promote violence against a specific person or class of people using the App or otherwise.

  • Your User Contents do not violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam, or privacy).

  • Your User Contents do not violate the privacy or publicity rights of any third party.

  • Your User Contents do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 

  • Your User Contents do not include any offensive comments that are connected to race, national origin, gender and/or gender identity, sexual preference and/or orientation, physical handicap and/or disability.

  • Your User Contents do not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation. 

 

The Hussle App hosts User Content relating to ratings and reviews of specific Husslers (“Feedback”). Such Feedback is such User’s opinion and NOT THE OPINION OF THE COMPANY, has not been verified or approved by the Company and each Buyer should undertake their own research to be satisfied that a specific Hussler is the right, competent person for a Gig. You agree and acknowledge that Hussle is not obligated to monitor, review, limit, or remove such Feedback. However, Hussle reserves the right to monitor, review, limit, or remove Feedback. You agree that Hussle is responsible or liable for any Feedback or other User Content. The Company encourages each User to give objective, honest, and constructive Feedback about the other Users with whom they have transacted through the App. Hussle is not obligated to investigate any remarks posted by Users for reliability or accuracy, but may do so at its discretion.

 

You hereby grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Content, in any media now known or not currently known in order to perform and improve upon the Hussle App.

 

Each User hereby waives all rights and releases Hussle and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity, or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, likeness, or voice in connection with the Hussle App.

 

Each User acknowledges that Hussle shall not owe any financial or other remuneration for using the recordings provided hereunder by such User, either for initial or subsequent transmission or playback, and further acknowledges that Hussle is not responsible or liable for any expense or liability incurred as a result of such User’s recordings or participation in any recordings, including any loss of such recording data.

 

13. CONTENT LICENSE 

 

You agree that the Company may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding the App, you agree that the Company can use and share such feedback for any purpose without compensation to you.

 

The Company does not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. The Company is not liable for any statements or representations in your User Content provided by you in any area on the App. You are solely responsible for your User Content provided to the App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content.

 

14. LINKS TO THIRD PARTIES

 

The Hussle App may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by the Company or association with those websites, their content, or their operators. Such links are provided as an information service, for reference, and convenience only. The Company does not control any such websites and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Hussle is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites. Further, you acknowledge and agree that Hussle has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Hussle App at its sole discretion. 

 

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use, and privacy policies for those websites. You access such third-party websites at your own risk. Hussle expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Hussle App. You hereby agree to hold Hussle harmless from any liability that may result from the use of links that may appear on the App.

 

15. WORKER CLASSIFICATION AND WITHHOLDINGS

 

AS SET FORTH IN SECTION 2, HUSSLE DOES NOT PERFORM GIGS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM GIGS.

 

Users do not have the right or authority to enter into written or oral (whether implied or expressly stated) contracts on behalf of Hussle. Each User acknowledges and agrees that Hussle does not, in any way, supervise, scope, monitor, direct or control a Hussler’s work or Gigs performed in any manner. Company does not set a Hussler’s works hours or location of work. Hussle does not and will not provide any equipment, tools, labor, or materials needed for performing a particular Gig. Hussle does not provide any supervision to Users. 

 

THE HUSSLE APP IS NOT AN EMPLOYMENT AGENCY SERVICE OR BUSINESS AND HUSSLE IS NOT AN EMPLOYER OF ANY USER. As such, Hussle is not responsible for and will not be liable for Hussler’s compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurances, social security, disability insurance or any other applicable federal, provincial or state withholdings in connection with a User’s use of the App. Husslers acknowledge and confirm that they are responsible for exercising their own business judgment in entering in Gig Agreements and performing Gigs and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss. 

 

This Section 15 in no way limits the generality of Section 19.




 

16. INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, mobile application designs, website designs, editorial content, music, trademarks, logos, typefaces, graphics, audio, video, text, photographs, and other content on the App (collectively, “Source Material”) that Users see or read through the Hussle App is owned by Hussle, excluding User Content, which Users hereby grant Hussle a license to use. Source Material in all forms, media, and technologies now known or hereinafter developed is protected. Hussle Owns all Source Material, as well as the selection, arrangement, coordination, and enhancement of such Source Materials as a Collective Work under the United States Copyright Act, as amended. The Source Material is protected by the domestic and international laws governing copyrights, patents, and other proprietary rights. Users may not copy, download, use, reconfigure, redesign, or retransmit anything from the Hussle App without Hussle’s express prior written consent, and if applicable, the holder of the rights to the User Content. Any use of such Source Material, other than as permitted therein, is expressly prohibited without the express prior permission of Hussle, and, if applicable, the holder of the rights to the User Content. 

 

17. COPYRIGHT COMPLAINTS AND AGENTS

 

Hussle respects the intellectual property rights of others, and expects Users to do the same. If you believe, in good faith, that any of the materials on the Hussle App infringes on the copyrights or other intellectual property rights of yourself or any third party, please contact us at: support@hussle.us with the following information:

 

  • A detailed description of the copyrighted work that you claim has been infringed, including the Internet address (URL) or other location on the Hussle App where such claimed material is located. Include sufficient information to allow Hussle to locate the material, and provide an explanation as to why you believe an infringement has occurred.

  • A description of the location where the original copy of the copyrighted material exists — for example, the internet address (URL) where it is located, or the name of the book in which the material was published.

  • Your address, telephone number, and email address.

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 

  • A statement by you, under penalty of perjury, that the information provided by you regarding the copyright claim is accurate, and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner.  


 

18. DISCLAIMER OF WARRANTIES

 

THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP 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 APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF THIRD PARTIES LINKED THROUGH THE HUSSLE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APP OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY USERS OR ANY THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS (WHETHER BUYERS OR HUSSLERS, AS APPLICABLE). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

 

19. LIMITATIONS OF LIABILITY

 

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 APP, 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 OR THE COMPANY. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

20. INDEMNIFICATION

 

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: (1) use of the App; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in this Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful or offensive act toward any User of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, without defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

21. DISPUTE RESOLUTION

 

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND HUSSLE BRING CLAIMS AGAINST EACH OTHER.  THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND HUSSLE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. 

 

(a) Informal Negotiations

 

To expedite resolution and reduce the cost of any dispute, claim, or controversy between you and Hussle (each a “Claim” and collectively “Claims”), you and Hussle agree to first attempt to negotiate any Claim (with the exception of those claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration. This pre-arbitration negotiation shall be initiated by a written notice to the other party, including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to Hussle at Hussle, Inc., 640 Veteran Avenue, Apt 103, Los Angeles, CA 90024. If necessary to preserve a Claim under any applicable statute of limitations, you or Hussle may initiate arbitration while engaging in the informal negotiations. 

 

During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.

 

After a good faith attempt to negotiate, if you or Hussle believe a Claim cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the the Commercial Arbitration Rules (the “AAA Rules”).

 

(b) Agreement to Binding Arbitration

 

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND HUSSLE MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU (WITH THE EXCEPTION OF THOSE CLAIMS EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN. 

 

This arbitration agreement contained in this section 21 (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives the termination of this Agreement and your relationship with the Company. 

 

This Arbitration Agreement covers claims including but not limited to any dispute, claim, or controversy, whether based on past, present, or future events arising out of our relating to: this Agreement (including the breach, termination, enforcement, interpretation, or validity thereof); the Hussle App, services, or Gigs; your relationship with Hussle; the threatened or actual suspension, deactivation or termination of your Account or this Agreement; payments made by your or any payments made or allegedly owed to you; any city, county, state, or federal wage-hour law; compensation, breaks, and rest periods, expense reimbursements, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, emotional distress; any promotions or offers made by the Company; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising out of antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising out of the Fair Labor Standards Act, Civil Rights Act of 1964, Uniform Trade Secrets Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters; and all other federal and state statutory and common law claims. 

 

If there is a dispute about the arbitrability of any Claim (including questions about the scope, interpretation, applicability, validity, and enforceability of this Arbitration Agreement), you and Hussle agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have first authority to resolve such threshold disputes, except as expressly provided below. 

 

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND HUSSLE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS. UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES WHICH  BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.  

 

(c) Agreement Prohibiting Class Actions and Non-Individualized Relief

 

Except as otherwise required by applicable law, you and Hussle agree that any arbitration will be limited to the Claim between Hussle and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HUSSLE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and Hussle otherwise agree, the arbitrator may not consolidate more than one individual’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective or representative basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to Privacy Attorney General Act Claims brought against Hussle, which are addressed separately in Section 21(d) below.

 

Notwithstanding any other provision of this Agreement, the Arbitration Agreement, or the AAA Rules (as defined above), disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waive may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the Claim is filed as a class, collective, or representative action, and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible. 

 

(d) Representative PAGA Waiver

 

Notwithstanding any other provision of this Agreement, the Arbitration Agreement, or the AAA Rules, to the fullest extent permitted by law: (i) you and Hussle agree not to bring a representative action on behalf of others under the California Private Attorneys General act of 2004 (“PAGA”), California Labor code § 2698 et seq., in any court or in arbitration, and (ii) for any claim brought on a private attorney general basis, including under PAGA, both you and Hussle agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been subject to any violations of law) (collectively, the “Representative PAGA Waiver”).  Notwithstanding any other provision of this Agreement, the Arbitration Agreement, or the AAA Rules, disputes regarding the scope, revocability, applicability, enforceability, or validity of this Representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this Representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (1) the unenforceable provision shall be severed from this Agreement; (2) the severance of the unenforceable provision shall have no impact whatsoever upon the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis in accordance with the Arbitration Agreement; (3) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claim to be litigated in a civil court of competent jurisdiction, because a civil court of competent jurisdiction determines that the Representative PAGA Waiver is unenforceable with respect to those Claim, the parties agree that cour litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration. 

 

(e) Rules and Logistics Governing Arbitration

 

The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and, if proper, based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. You and Hussle agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

As part of the arbitration, both you and Hussle will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:

(i) If Company initiates arbitration under this Arbitration Agreement, Company will pay all AAA filing and arbitration fees.

(ii) If a Buyer or Hussler files a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $5,000, Company will pay all AAA filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

(iii) If a Buyer or Hussler files a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $5,000, Company shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and the Buyer or Hussler shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which they perform Gigs, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the applicable AAA Rules.

(iv) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

(v) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.

Unless you and Hussle agree otherwise, any arbitration hearings between Hussle and a Hussler will take place in the county of your billing address, and any arbitration hearings between Company and a Buyer will take place in the county in which you received Gig services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.

(f) Exceptions to Arbitration

 

The following kinds of Claims may be, but are not required to be, arbitrated under the Arbitration Agreement:

 

  • Claims for worker’s compensation, disability insurance, and unemployment insurance benefits;

  • Small claims actions that are within the scope of small claims court jurisdiction and brought on an individuals basis; 

  • Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; 

  • A representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 21(d) is deemed unenforceable by a court of competent jurisdiction; and

  • Claims that may not be subject to arbitration as a matter of general law not preempted by the Federal Arbitration Act. 

 

Nothing in this Arbitration Agreement prevents you from making a report or to filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state, or federal agency. Further, nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim, or charge otherwise covered by this Arbitration Agreement, and do not prevent you from receiving an award for information provided to any government agencies. 

 

(g) Severability 

 

Except as otherwise provided in the severability provisions in Sections 21(c) and 21(d) above, in the event that any portion of this Arbitration Agreement is deemed unenforceable or illegal, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

 

(h) Right to Opt Out of Arbitration Agreement

 

If you are a Hussler, you may opt out of this Arbitration Agreement by notifying the Company in writing within thirty (30) days of your agreement to these Terms of Use. To opt out, you must send a written notice to the Company at: Hussle, Inc., 640 Veteran Avenue, Apt 103, Los Angeles, CA 90024. This written notice should include (i) your account username, (ii) your name, (iii) your address, (iv) your phone number, (v) your email address, and (vi) a clear statement expressly indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.

 

22. GOVERNING LAW

 

The Agreement shall be governed by and defined in accordance with the laws of the State of California without regard to conflict of law principles. You irrevocably consent that the state courts and federal courts of Los Angeles County, California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with the Agreement. 

 

We operate the App from our office in California, and we make no representations that the materials included in the App are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, Hussle or any third-party provider as a result of the Terms of Use of the App.

 

23. NO PARTNERSHIP, NO EMPLOYMENT

 

No agency, partnership, joint venture, employer-employee relationship or franciser-franchisee relations is intended or created by this Agreement.

 

24. LICENSING

 

Husslers alone are responsible for identifying and obtaining the required and necessary licenses, permits, certifications, or registrations before offering services and/or undertaking Gig requests. Certain types of Gigs may be prohibited altogether, and it is the responsibility of Husslers to identify and avoid such prohibited Gigs. Penalties may include fines or other enforcement. If you have questions, queries, or doubts about how local laws apply to your Gigs and other services on the app, you can and should seek separate legal guidance.

 

Because Hussle is not obligated (though we reserve the right) to oversee, monitor, or supervise the posting, scoping, or performance of Gigs, Buyers must determine for themselves whether a Hussler is qualified and/or competent to perform the specific Gig at hand. Buyers may wish to consult their state/provincial/territorial or local requirements to determine whether certain Gigs are required to be performed by a licensed/certified professional.

 

25. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, review, modify, remove the contents of, improve, or discontinue (whether temporarily or permanently) the App at any time or for any reason at our sole discretion without prior notice. However, we have no obligation to update any information on our App. The Company will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the App.

 

We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, and/or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to to access or use the app during any downtime or discontinuance of the App. Nothing in these Terms of Use will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.

 

Further, the Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice and without any liability to the Company. The Company will endeavor to notify you of material changes by email, but will not be liable for any failure to do so.

 

IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE WITH THIS AGREEMENT, YOU MUST TERMINATE, AND IMMEDIATELY STOP USING, THE HUSSLE APP. YOUR CONTINUED USE OF THE APP FOLLOWING ANY REVISION TO THIS AGREEMENT CONSTITUTES YOUR COMPLETE AND IRREVOCABLE ACCEPTANCE OF ANY AND ALL SUCH CHANGES. COMPANY MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES OR RESTRICT YOUR ACCESS TO PART OR ALL OF THE HUSSLE APP WITHOUT NOTICE OR LIABILITY.

 

26. NO RIGHTS OF THIRD PARTIES

 

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

 

27. SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App (“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 acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

28. APP MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (t the extent technologically feasible) any of your Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.

 

29. USER DATA

 

We will maintain certain data that you transmit to the App for the purpose of managing the performance of the App, as well as data relating to your use of the App. Although we may 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 App. 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.

 

30. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

 

Visiting the App, 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 App, 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 INITATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

31. MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us on the App or in respect to the App constitute the entire agreement and understanding between you and us. Our failure to exercise and enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use 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 of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use 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 of Use or use of the App. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

32. NOTICE REGARDING APPLE

 

To the extent that you are using the Hussle App on an iOS device, you further acknowledge and agree to the terms of this Section 33. You acknowledge that the Agreement is between you and Hussle only, not with Apple Inc. ("Apple"), and Apple is not responsible for the App and the content thereof.

 

Apple has no obligation whatsoever to furnish any maintenance and support platforms with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apply and Apply will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permissible by applicable law, Apple has no other warranty obligations with respect to the App. 

 

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (1) Product liability claims; (2) Any claim that the App fails to conform to any applicable legal or regulatory requisites; and (3) Claims arising from consumer protection or similar legislation.

 

You hereby represent and warrant that: (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties.


 

33. CONTACT US

 

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at: support@hussle.us or write us at: Hussle, Inc., 640 Veteran Ave, Apt 103, Los Angeles, CA 90024, US.