Terms of Service
Hussle Inc - End User License Agreement Effective Date: February 1, 2022
Last Updated Date: February 1, 2022
1. Acceptance of the Terms and Conditions.
a. Binding Agreement; Description. Hussle Inc. ("Hussle," "we," "us" or "our") provides and makes available its marketing tools, scheduling tools, website located at www.hussle.work (the "Site"), and its Hussle web application (the "App") (collectively, the "Service"). All uses of the Service are subject to the terms and conditions in this End User License Agreement (this "EULA"). Please read this EULA carefully. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not accept this EULA’s terms and conditions, you may not access, browse or use the Service.
AS FURTHER DESCRIBED BELOW, THIS EULA REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
b. Changes to this EULA. You understand and agree that Hussle may change this EULA at any time without prior notice; provided that Hussle will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised terms and conditions. If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates Hussle provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.b, no revisions to this EULA will apply to any dispute between you and Hussle that arose prior to the effective date of such revision.
d. Eligibility. THE SERVICE IS FOR INDIVIDUALS WHO ARE WHO HAVE REACHED THE AGE OF MAJORITY AND CAN FROM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. THER SERVICE IS NOT USERS WHO HAVE NOT REACHED THE AGE OF MAJORITY OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY HUSSLE. IF YOU ARE UNDER THE AGE OF MAJORITY, YOU MUST NOT USE OR ACCESSTHE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that you are at least the age of majority in the jurisdiction in which you reside.
2. The Service.
a. Hussle is solely a venue for communications. Hussle is a communications platform for enabling the connection between individuals seeking to obtain services ("Requesters") and independent husslers seeking to provide services ("Husslers"). Hussle does not itself provide contracting services. The provision of all contracting services is up to the Husslers, which may be scheduled through use of the Site. Hussle offers tools, information, and a method for Requesters to obtain contracting services, but does not, nor does it intend to,provide such contracting services.
b. Mobile Services. The App may offer the Service via a mobile phone, tablet or other wireless device (collectively, "Mobile Services"). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA. For improved accuracy with payments, check ins and check outs, Requesters support, and safety, Hussle may collect and store your location information if you enable your mobile device to send it to us. Collection of your location may improve the provision of the Service. The App uses location-based APIs as an essential part of its functionality, and certain features of the App will not function correctly if location services are disabled in the App.
a. In order for Husslers and Requesters to engage Hussle for its Service, each must create accounts (an "Account")on the Service pursuant to the Agreement Between Independent Contractor & Hussle For Use Of Hussle Service or the Agreement Between Requester & Hussle For Use Of Hussle Service (the "Agreements"), as applicable. You acknowledge that you are able to electronically receive, download, and print the Agreements, any other terms, notices, forms referenced in the Agreements or on the Hussle website and any other notices or documents required by, or incorporated into the Agreements by reference, any amendments to the Agreements, or any other items required by regulation or law. Further, you agree to keep the contact information in your Account current at all times including, but not limited to, your email address, physical address, and phone number.
b. Your agreement that you are only allowed to use the Hussle platform if you are legally allowed to work in Canada.
4. Intellectual Property Rights
a. License. The Service is licensed, not sold, to you for use only under the terms of this EULA. Hussle reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this EULA, Hussle hereby grants you a personal, limited, revocable, non- transferable license to access and use the Service.
b. Content. Except for User Content, the content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by Hussle or Hussle’s third party licensors (the "Hussle Content"). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this EULA or permitted by the Service’s functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. Hussle solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.
c. Marks. The Hussle trademarks, service marks, and logos (the "Hussle Trademarks") used and displayed on the Service are Hussle’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, with the Hussle Trademarks, the "Trademarks"). Nothing on the Service or in this EULA should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without Hussle’s prior express written consent for each individual use. You may not use the Trademarks to disparage Hussle or the applicable third-party, Hussle’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Hussle’s prior express written consent. All goodwill generated from the use of any Hussle Trademark will inure solely to Hussle’s benefit.
d. Restrictions. You may not sell, transfer, assign, license, sublicense, or modify the Hussle Content, the Site or the App, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Hussle Content in any way for any private or public purpose. The use or posting of any of the Hussle Content on any other website or in a networked computer environment for any purpose is expressly prohibited. In addition, you also may not attempt to derive the source code of, modify, or create derivative works of the Site or the App, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If you violate any part of this EULA, then your right to access and/or use the Hussle Content and Service will automatically terminate and you must immediately destroy any copies you have made of the Hussle Content.
5. User Content.
a. Definition. "User Content" means any content that users upload, post or transmit (collectively, "Post") to or through the Service including, without limitation, literary works, photographs, audiovisual works, artwork, documents, software, source code, plans, sketches, drawings, designs, visual depictions or concepts in any form and any other work subject to protection under the laws of Canada or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws.
b. Screening User Content. Hussle offers users the ability to submit User Content to the Service. Hussle does not pre-screen any User Content but reserves the right to refuse or delete any User Content in its sole discretion. In addition, Hussle has the right, but not the obligation, in its sole discretion to refuse or delete any User Content that it considers to violate this EULA or be otherwise illegal or inappropriate. Hussle does not guarantee the accuracy, integrity or quality of any User Content, and under no circumstances will Hussle be liable in any way for any User Content, including liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed or otherwise transmitted via the Service.
c. Intellectual Property Rights. SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS TO HUSSLE.
d. Licenses to User Content. You hereby grant Hussle an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, make available, create derivative works from, retransmit from External Sites (as defined below), and otherwise exploit and use ("Use") all User Content you Post to or through the Service by any means, through any media and formats now known or hereafter developed, for the purpose of providing the Service as authorized by this EULA. You further grant Hussle a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to Hussle any User Content that you consider to be confidential or proprietary.
e. You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (a) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (b) the Posting and Use of your User Content on or through the Service does not violate privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, moral rights, or any other third party’s rights; (c) the Posting of your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (d) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party.
f. Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content. You hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
g. No Liability. For the avoidance of doubt, Hussle will not be liable for any unauthorized use of User Content by any other user or third party.
6. Restrictions on Use of the Service.
a. In using the Service, you agree not to:
- i. take any action that imposes an unreasonable load on the Service’s infrastructure;
- ii. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
- iii. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service;
- iv. alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
- v. use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Hussle;
- vi. access, tamper with, or use non-public areas of the Service, Hussle’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Hussle’s providers;
- vii. harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Hussle employees;
- viii. provide any false personal information to Hussle;
- ix. create a false identity or impersonate another person or entity in any way;
- x. restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service;
- xi. gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
- xii. post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
- xiii. interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
- xiv. violate any applicable federal, provincial, or local laws or regulations or the terms of this EULA; or
- xv. assist or permit any persons in engaging in any of the activities described above.
a. Customer Conditional Offer Requirements and Privacy Information. Some customers may require completion of certain steps or requirements after you accept a Hussle Request before you perform the Hussle Request ("Conditional Offer Requirements"). Any Conditional Offer Requirements will be explained after you accept the Hussle Request. Failure to complete such Conditional Offer Requirements to the satisfaction of the Customer will result in your inability to perform accepted Hussle Requests. Please note that some of the Conditional Offer Requirements will require Hussle or a designated third-party provider to ask for your social insurance number and share it with entities who require the information to facilitate the Conditional Offer Requirements. Hussle may also share your social insurance number with our payment vendor, Stripe, in order to verify your payment account to ensure the safety of your account.
b. Best Efforts. By registering to become a Hussler and accepting an Open Request, you agree to use your best efforts to perform the Hussle Engagement such that the Services meet the requirements and specifications of the Customer, for whom the Open Request was created. Once a Hussler has accepted a Hussle Request, the Open Request will no longer be available for performance by other Husslers who received the Open Request. By accepting an Open Request, you are entering into a binding legal agreement to provide the Services for the Payment specified in the Open Request. Do not accept an Open Request unless you are sure that: (1) you understand what you are being asked to deliver; (2) you can perform the Services identified in the Open Request; (3) you can deliver the Services in the requested time period; and if required, you can get to and from the Customer’s location. Failure to timely deliver the Services consistent with the Customer’s requirements and specifications will constitute a breach, resulting in non- payment. Further, in the event of such a breach, you will be responsible for payment of any additional fees (e.g., rush fees) or costs incurred as a result of your failure to timely complete the Open Request in accordance with the Customer requirements. You agree to not possess, sell, receive, or operate under the influence of any drugs or alcohol while performing any Hussle Engagement
c. Hussle does not restrict the Hussler’s right to provide services through other parties, including competitors of the Hussle Web Application; Hussle expects the individual performing services as a Hussler will provide services for other parties;
d. Hussler acknowledges and represents Hussler can earn income from other sources; Hussle does not guarantee the Hussler any minimum amount of Hussle Engagements
e. Hussle does not provide a performance assessment for Husslers, and does not oversee the actual work or instruct the individual as to how the work will be performed, or the method or process the Hussler uses to perform services;
f. Hussle does not pay a salary or hourly rate but rather facilitates Requestor’s payment of the rate set by the Requestor;
h. Hussle does not provide training, tools, equipment, benefits, or expense reimbursement to the Hussler;
i. Hussle does not dictate the time of performance;
j. Hussle makes no representation or warranties as to the skills, experience, background, or education of any Hussler
k. Hussler shall be solely responsible for the professional performance of Hussler’s work. Hussler shall be solely liable for its acts, omissions, and negligence
8. Independent Contract – Standard Terms of the Agreement
a. Hussler and Requester acknowledge and agree that, by use of the Site, the contractual relationship between them shall be on the following terms, Hussle’s User Guidelines and on the conditions specified in the Requester’s Request with respect to the description of work and services to be provided, rate of remuneration, times for performance and provision of training, tools, equipment, safety equipment and attire.
b. By posting a Request, Requester agrees with the Hussler accepting the Request to pay for work and services and to provide training, tools, equipment, safety equipment and attire in accordance with the Request, the terms set out in this agreement, and Hussle’s User Guidelines.
c. By accepting a Request, Hussler agrees with the Requester that Hussler will provide the work or services requested in accordance with the terms of the Request, the terms set out in this Agreement and Hussle’s User Guidelines.
d. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Hussle and the Requester or the Hussler, or between the Requester and the Hussler. There is no contractual relationship with Hussle Inc. with respect to any services that Requester engages Hussler to perform. Requester and Hussler will take no position with respect to or on any tax return or application for statutory or contractual benefits, or in any matter directly or indirectly arising from their relationship that is inconsistent with the relationship between Requester and the Hussler being that of independent contractor and not that of employer and employee. Neither Requestor nor Hussler are agents of Hussle. Requester and Hussler are not agents of one another and are not authorized and shall not represent to any third party that either of them is authorized to make any commitment or otherwise act on behalf of the other.
e. Hussler represents, warrants, and covenants that:
- i. Hussler has the full right, power, and authority to enter into and perform under this Agreement without the consent of any third party (including any current or former employers).
- ii. Hussler will comply with all of the terms of this Agreement
- iii. Hussler will fully conform to the Requester’s specifications, requirements, and other terms of the Service Request, and the Services delivered will be of a professional and workmanlike quality.
- iv. Hussler will comply with all applicable laws, rules and regulations in connection with performance of the Services under this Agreement.
- v. Hussler’s are not entitled to employ, engage or otherwise retain any other persons to assist with performance of Services under this Agreement. Any persons so engaged contrary to the terms of this provision are not parties to this Agreement and are not employees or independent contractors of the Requester. Hussler is solely responsible for their remuneration and compliance with applicable laws concerning their engagement. Hussler remains solely responsible for the performance of Services in a safe, lawful and workmanlike manner.
f. Requester is responsible for obtaining and maintaining any required registration, licenses, permits or other authorizations required by applicable law to allow the services to be performed.
g. Hussler is responsible for obtaining and maintaining any required registration, licenses, permits or other authorizations required by applicable law to permit the Hussler to perform the services.
h. Hussler is not entitled to or eligible for any benefits that Requester may make available to Requester’s employees such as group insurance, profit-sharing or retirement benefits.
i. Requester will not withhold or make payments for income taxes, Canada Pension Plan, employment insurance, workers compensation or any other withholdings or remittances required by law.
j. Requester and Hussler are each solely responsible for filing all tax returns and submitting all payments as required by any federal, provincial, municipal, or foreign tax authority arising from the making of or receipt of payment for any services and will do so in a timely manner. Requester and Hussler will comply with all applicable federal, provincial, municipal and foreign laws governing independent contractors, including laws requiring the withholding and payment of taxes.
k. Requester may terminate this Agreement if the Hussler violates the terms of this Agreement or fails to produce a result that meets the specifications of the Agreement.
l. Hussler may terminate this Agreement if Requestor violates the terms of this Agreement.
m. Any disputes between the Requester and the Hussler will be determined by arbitration according the laws of the jurisdiction in which Requester is domiciled.
n. Requestor Cancellation: Requesters may cancel their scheduled Hussler Service through the Hussle Platform at any time, subject to the following. If a Requester cancels more than 24 hours before a scheduled Hussler Service appointment, there is no cancellation fee. If a Requester cancels between 24 hours before a scheduled Hussler Service appointment, the Requester may be charged a $15 cancellation fee. If the Requester cancels during the 2 hours before a scheduled Hussler Service, the Requester will be charged the full Hussler Service amount. This cancellation policy applies both for onetime Hussler Service bookings and for scheduled recurring Hussler Services.
o. Hussler Cancellation: When a Hussler cancels a scheduled Hussler Service job, the Hussle Platform generally notifies the Requester and makes the Requester's Hussler Service request available for another Hussler to select. However, Hussle cannot guarantee that a canceled Hussler Service appointment will be filled by another Hussler and rescheduled or that the Hussler Service request will be completed. Husslers who cancel a scheduled Hussler Service appointment may incur fees as provided in the Service Agreement.
9. Hussle Acceptable Use Policy:
During the term of this Agreement, Requesters may use the Hussle Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Hussle Platform to book Hussler Services solely with respect to a location where the Requester is legally authorized to have Hussler Services performed. Requesters may not use the Hussle Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Hussler Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Husslers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Husslers to enable them to supply Hussler Services. Requesters agree to communicate any complaints to us and not to the Husslers. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Hussler may be unavailable from time to time, e.g. due to illness, vacation or leaving Hussle. Husslers agree to provide Hussler Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the Hussle Platform to do any of the following:
- a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- e. Use the Hussle Platform or any Hussler Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening, or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Hussle Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Hussler Services facilitated through the Hussle Platform without express written permission from us.
- h. Use the Hussle Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Hussle Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- m. Restrict or inhibit any other User from using and enjoying the Hussle Platform.
- n. Imply or state that any statements you make are endorsed by us, without our prior written consent.
- o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Hussle Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Hussle Platform in any manner, or attempt to do any of the foregoing.
- p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- r. Upload content that provides materials or access to materials that are obscene, adult, or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- s. Register to use the Hussle Platform under different usernames or identities, after your account has been suspended or terminated.
- t. Mirror or archive any part of the Hussle Platform or any content or material contained on the Hussle Platform without Hussle's written permission.
10. External Sites.
a. The Service may contain links to third party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Hussle is not responsible for the content of any linked External Sites and makes no representations regarding the content or accuracy of any materials on such External Sites. If you decide to access any External Sites, you do so at your own risk.
a. We pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our users. If you choose to contribute by sending Hussle or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. By sending Feedback to Hussle, you agree that:
- i. Hussle has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
- ii. Feedback is provided on a non-confidential basis, and Hussle has no obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
- iii. You irrevocably grant Hussle perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through- to-the- audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
12. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
Hussle respects the intellectual property of others.
a. Infringer Policy. Hussle’s intellectual property policy is to remove or disable access to material that Hussle believes is infringing the intellectual property of a third party by being made available through the Service, and remove any User Content uploaded to the Service Hussle considers, in its sole discretion, to be illegal or inappropriate. Hussle has discretion to terminate the Account of any user after receipt of a notification of claimed infringement or upon Hussle’s own determination.
b. Procedure for Reporting Claimed Infringement. If you believe that content on or the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by Hussle with the user alleged to have infringed a right you own or control. Your communication must include substantially the following:
- i. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- ii. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- iii. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hussle to locate the material;
- iv. Information reasonably sufficient to permit Hussle to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- v. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c. Designated Agent Contact Information. Hussle’s designated agent for receipt of Notifications of Claimed Infringement (the "Designated Agent") can be contacted at:
Via E-mail: email@example.com
Via mail: Hussle Inc.
899 Tungsten St, Thunder Bay, ON, P7B 6H2
13. Dispute Resolution.
a. Generally. In the interest of resolving disputes between you and the Hussle in the most expedient and cost effective manner, you and the Hussle agree that any dispute arising out of or in any way related to this EULA or your use of the Service will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this EULA or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND THE HUSSLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Despite the provisions of the section entitled "Generally" directly above, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, provincial, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by mail or electronic mail ("Notice"). Hussle’s address for Notice is: Hussle Inc., 899 Tungsten, Thunder Bay, ON P7B 6H2 or firstname.lastname@example.org. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Hussle may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Hussle must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Hussle will pay you the lowest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Hussle Inc in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
d. Procedure for Arbitration.
- i. Arbitration will be conducted in accordance with the Arbitration Act, 1991 (Ontario), by one arbitrator.
- ii. The arbitrator will not have been a
- 1. director, officer, or employee of,
- 2. contractor or service provider to, or
- 3. director, officer, shareholder, partner beneficial owner, or
- a. close relative of a of any of them
- b. any party for a period of 5 years preceding his or her appointment.
- iii.The arbitrator shall make orders and give directions that are proportionate to the importance and complexity of the issues, and to the amount involved in the proceeding. The arbitrator shall exercise his or her authority to secure the just, most expeditious, and least expensive determination of the dispute.
- iv. The arbitration award must be made within 180 days of the submission of the dispute to arbitration.
- vi. The arbitration will take place in Thunder Bay, Ontario.
- vii. The language of the arbitration will be English.
- viii. Service of any materials in or connected with the arbitration will be validly affected by delivering a copy by Notice
- ix. The arbitral award (including any award as to costs) will be final and binding without right to appeal.
- x. The successful party may enter judgment for the amount the successful party is entitled to be paid with any court having jurisdiction.
- xi. The laws of Ontario and the laws of Canada applicable in Ontario govern all disputes referred to arbitration (including the scope of the agreement to arbitrate).
- xii. The parties shall maintain, and shall cause any witnesses, counsel, or professional advisers retained in connection with the dispute to maintain, all matters relating to any dispute (including all submissions made to, and the decision of, the arbitrator) in strict confidence during the arbitration process and for a period of 5 years thereafter.
- xiii. The parties shall keep confidential the existence of the arbitration proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and any awards), except as may lawfully be required.
e. Continuing Obligations. Pending settlement of any dispute, the parties shall abide by their obligations under this agreement without prejudice to a final adjustment in accordance with an arbitral award settling the dispute.
f. No Class Actions. YOU AND HUSSLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hussle agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
g. Enforceability. If the Section entitled "No Class Actions" is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 10 will govern any action arising out of or related to this EULA or your use of the Service.
14. Limitation of Liability and Disclaimer of Warranties.
a. TO THE FULLEST EXTENT PERMITTED BY LAW, HUSSLE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE "HUSSLE PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE HUSSLE PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HUSSLE PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO HUSSLE PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
c. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HUSSLE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
d. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY HUSSLE PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH HUSSLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS EULA, HUSSLE’S LIABILITY, AND THE LIABILITY OF ANY OTHER HUSSLE PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1000.
15. Third Party Disputes.
a. HUSSLE IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE HUSSLE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Hussle Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this EULA, any determination that you are an employee of Hussle or any Requester, any determination that you are an Employer of any Contractor, any breach of an Agreement by any other party to the Agreement, or your access to, use or misuse of the Hussle Content or Service. Hussle will notify you of any such claim, suit, or proceeding. Hussle reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Hussle’s defense of such matter.
17. Termination of the EULA.
a. Hussle reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time and for any reason without prior notice or liability. Hussle reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. Sections 1, 4.b, 4.c, 4.d, 5.d, 5.e, 5.f, 5.g, 6, 7 – 17 survive the termination of this EULA indefinitely.
18. Electronic Communications.
a. You consent to receiving electronic communications from us.. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
a. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hussle as a result of this EULA or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Hussle other than pursuant to this EULA. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect. Hussle’s failure to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against Hussle unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Hussle and you, this EULA constitutes the entire agreement between you and Hussle with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and will not be given any legal import. This EULA will inure to the benefit of our successors and assigns. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior express written consent of Hussle This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. Hussle may assign this EULA, including all its rights hereunder, without restriction. It is the express wish of the parties that this EULA and any related documents be drawn up in English. Il est de la volonté expresse des parties que cette EULA ainsi que tout document connexe soient rédigés en langue anglaise. If Hussle provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.
20. Contact Us.
a. If you would like to contact us in connection with your use of the Service, then please refer to the contactinformation below:
Hussle Inc. 899 Tungsten, Thunder Bay, ON P7B 6H2