Terms of Use
Last updated 08/24/2020
AGREEMENT TO TERMS OF USE
Use of information on this website is pursuant to these Terms of Use. These Terms of Use constitute a binding agreement made between you, whether personally or on behalf of an entity (“you”) and Hustle with Heart, LLC, including its owners, agents, employees, independent contractors and affiliates (hereinafter collectively referred to as “Hustle with Heart”). These Terms of Use govern your access to and use of the https://hustlewithheart.net/ website, as well as any other media form, media channel, mobile website or mobile application including social media links related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use (hereinafter referred to as either “Terms of Use” or the “Agreement”). You agree that by clicking on links on the Site, downloading content on the Site, purchasing content on the Site, and otherwise use of this Site in any manner, you have hereby agreed to be bound by all of these Terms of Use. You agree if you are accessing this Site on behalf of an entity, these Terms of Use govern and apply to such entity’s representatives, employees, officers, directors, agents, owners and contractors.
Hustle with Heart reserves the right to supplement, update, modify, alter and otherwise change these Terms of Use at any time and for any reason. Any such changes are hereby expressly incorporated by reference to these Terms of Use. Any changes to these Terms of Use, other terms and conditions on the Site, including our Privacy Policy, or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We will not provide written notice to you of any changes. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your continued use of the Site after any changes to the Terms of Use bind you to this Agreement.
**IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.**
OUR SERVICES
Hustle with Heart is intended to be a resource through which you may obtain general information and business materials. It provides an online/digital download service for you to prepare legal and business documents on your own. NOTHING FOUND THROUGH OR CONTAINED ON THIS SITE CONSTITUTES LEGAL ADVICE. Hustle with Heart is not a law firm. Hustle with Heart is not your lawyer. It is not a substitute for a lawyer. Communications between you and Hustle with Heart, while protected by the Site’s Privacy Policy, are NOT protected by any legal privilege, including and not limited to the attorney-client privilege or work product privilege/doctrine.
Hustle with Heart does not provide legal advice and it does not draft specific legal forms for you, or any specific entity, individual or situation. The templates and downloads found on the Site are for general use. Our services are intended to provide business assistance for you if you choose to prepare and complete your own legal documents.
Requirements and laws vary by jurisdiction and are constantly changing. Hustle with Heart does not guarantee or warranty the effectiveness of its services, templates, forms, documents or other information contained on the Site. Hustle with Heart encourages you to consult with a licensed attorney in your jurisdiction for all specific legal questions and advice.
NO ATTORNEY CLIENT RELATIONSHIP
NOTHING FOUND THROUGH OR CONTAINED ON THIS SITE CONSTITUTES LEGAL ADVICE. NO ATTORNEY CLIENT RELATIONSHIP EXISTS BETWEEN YOU AND HUSTLE WITH HEART.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, the Site, all content on the Site including but not limited to templates, forms, documents, policies, graphics, video, audio, text, photographs, software, functionality, data, databases, code, etc (collectively, the “Content”) is our proprietary property. Any trademarks, service marks, and logos contained therein (the “Protected Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Content and the Protected Content are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Protected Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written consent.
For so long as you are permitted to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of the Content to which you have legally gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Protected Content.
USER REPRESENTATIONS
By voluntarily accessing and using this Site, you represent and warrant that:
(1) you agree to comply with and be bound by these Terms of Use;
(2) you have the legal capacity to legally bind yourself to an agreement;
(3) you are over the age of 18 years old and/or you are not a minor in the jurisdiction in which you reside;
(4) you will not use automated or non-human means to access the Site, whether through a bot, script, or otherwise;
(5) you will not use the Site for any illegal or unauthorized purpose; and
(6) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is false, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PROHIBITED ACTIVITIES
As a user of the Site, you agree not to:
- Use the Site and any content herein to generate revenue or for any commercial endeavor.
- Use the Site or any content herein to directly or indirectly compete with Hustle with Heart.
- Disparage, slander, tarnish, or otherwise harm, in our sole discretion, Hustle with Heart and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or otherwise cause harm to another person.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Use the Site to advertise or offer to sell goods and services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including spamming, that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content and/or Protected Content.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
You may not access, manipulate or use the Site for any purpose other than that for which Hustle with Heart makes the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
USER GENERATED PARTICIPATION
You may choose to participate in features of the Site that include, but are not limited to, chats, comments, blogs, message boards, online forums, and other functionality (collectively, “Participation”). Such Participation may be viewable by other users of the Site and through third-party websites. As such, any information you submit in this manner may be treated as non-confidential and non-proprietary.
Any Participation or use of the Site which violates these Terms of Use may result in, among other things, termination or suspension of your rights to use the Site.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise modify any Participation; (2) to move any Participation to place it in more appropriate locations on the Site; and (3) to screen, pre-screen or delete any Participation at any time and for any reason, without notice. We have no obligation to monitor your Participation.
PRIVACY POLICY
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. This Agreement shall be effective as of the date you first access, download or use any of the services or information (collectively, the “Services”) on the Site and shall remain in effect for so long as you use or access any of the Services (the “Term”). Upon termination of the Term, you shall no longer be permitted to use or access the Services. The terms herein that contemplate obligations after the Term, including but not limited to Indemnification, Disclaimer, Limitation of Liability, Controlling Law and Severability, and Confidentiality, shall survive termination.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. AGREEMENT TO THESE TERMS OF USE WAIVES YOUR RIGHT TO A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) 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. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Tampa, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Tampa, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
Some portions of the Site may contain 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 Site at any time, without prior notice to you.
DISCLAIMER
The Site is provided on an as-is and as-available basis. You agree that your use of the Site 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 site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site 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 Site, (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 Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site 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 any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
LIMITATIONS OF LIABILITY
In no event shall Hustle with Heart 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 Site, 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 by you to us during the six (6) month period prior to any cause of action arising or $0.00 USD. Certain United States laws, 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, and you may have additional rights.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, 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 Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. 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.
PURCHASE POLICIES
You acknowledge that all purchases made on this Site are subject to these Terms of Use and Purchase Policies. All products, templates, forms, materials, instructions, and other information available for purchase on the Site are digital in nature and therefore are NON-REFUNDABLE and not returnable, under any circumstances. All sales are final.
It is your responsibility to download your purchase immediately and securely save and/or back up all purchases. Hustle with Heart is not liable for any damage or loss to products that occur after download. Hustle with Heart is not liable for any inadvertent or mistaken download from this Site. Hustle with Heart will not reimburse you for such downloads. You are hereby notified that links to downloads will expire. Therefore, we encourage immediate downloads and back-ups of all purchases.
MISCELLANEOUS PROVISIONS
These Terms of Use and any policies posted on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. All waivers regarding this Agreement must be in writing.
These Terms of Use operate to the fullest extent permissible by law.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
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, by a court of competent jurisdiction, 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 attorney-client, joint venture, partnership, employment or agency relationship created between you and Hustle with Heart as a result of these Terms of Use or use of the Site.
These Terms of Use shall not be construed against the draftor.
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.
INDEMNITY
You agree to indemnify, defend and hold Hustle with Heart harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.
ATTORNEYS’ FEES
If a dispute arises regarding these Terms of Use, or otherwise regarding access and/or use of the Site, the prevailing party in such dispute is entitled to the recovery of attorneys’ fees and costs from the non-prevailing party.
CONTACT US
If you have questions or concerns regarding the Terms of Use, Privacy Policy or other terms and conditions of this Site, please email us.