TERMS OF SERVICE
These are our terms of service
The arbitration agreement and class action waiver found in section 13 of this Agreement apply to all claims brought against Hustle Pads in the United States.
Updated: 15, May 2022
These Terms of Service (“Terms”) are a binding legal agreement between you and Hustle Pads that govern your right to use the websites, applications and other offerings from Hustle Pads (collectively, the “Hustle Pads platform“). When we use these Terms of “HustlePads”, “Hustle Pads”, “we,” “us,” and “our”, we refer to the Hustle Pads Platform.
Our mission is to provide services that delight our customers and help drive a future where resources are all equally and equitably accessible.
The Hustle Pads platform enables searching, publishing, booking, and offering services by its users (“Members”). When Members publish listings they are called “Hosts” or “Service Providers” (collectively defined as “Hosts”). Members who travel using the platform, book, or search for services are “Guests”. Each individual Host publication is called a “Listing”. Hosts offer Listings as activities, adventures, events, experiences, excursions (“Events”) or accommodations (“Accommodations”). To access the features of the Hustle Pads Platform you must register an account and maintain accurate profile information. The Hustle Pads Platform does not own, control, offer or manage any Listing or Host Event that is published on the platform unless explicitly stated. Hustle Pads is not a party to the contracts entered into directly between Hosts and Guests, nor is Hustle Pads a real estate broker, travel agency, or insurer. Hustle Pads does not act as an agent in any capacity for any Member except as defined in the Payments Terms of Service (“Payment Terms”).
Our Platform is a neutral venue and our role is limited to providing technology that connects users. Consequently, WE SHALL NOT BE HELD LIABLE FOR USERS’ LISTINGS, DATA, TRANSACTIONS, INTERACTIONS AND INFORMATION. We are not liable for the consequences of you disclosing your personal information to others. You are responsible for taking adequate safety precautions prior to meeting anyone from our Platform. The Hustle Pads Platform does not own, control, offer or manage any Listing or Host Event that is published on the platform. Hustle Pads is not a party to the contracts entered into directly between Hosts and Guests, nor is Hustle Pads a real estate broker, travel agency, or insurer. Hustle Pads does not act as an agent in any capacity for any Member except as defined in the Payments Terms of Service (“Payment Terms”).
The Hustle Pads Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any of our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
Hosts are responsible for an accurate and truthful listing of their own rental property, from amenities included to any additional services the property offers to any renters and travelers. Hustle Pads makes no guarantees or warranties as to the completeness of the host property descriptions. For users, it is your responsibility to get clarification from a host when you enter into any booking of a listing, vacation property, adventure or ordering any services offered on the platform by a 3rd party service.
Users hereby agree to abide by all of the applicable laws, policies, rules and regulations. You also acknowledge and agree that you may be required or instructed to acknowledge and agree to any separate agreements, waivers or terms of service existing on the platform.
1. Guest Terms
1.1 Booking with Hustle Pads. By booking at Hustle Pads, you agree to provide your personal information (Complete Name, Date of Birth, Address, Phone Number and Valid Proof of Identification as requested) and credit card information to pay the total amount due for your reservation and the applicable service fees and taxes. Payment for and made on behalf of Hustle Pads is made through a third-party payment processor and is represented as payment for the product and service purchased.
1.2 Unauthorized transaction. Any unauthorized transaction that was made under Hustle Pads should be immediately reported to your credit card company and to our office. This unauthorized payment will be refunded if, and only if, we have received your payment.
1.2 Cancellations and refunds. As a guest, should you decide to cancel your reservation with Hustle Pads, your refund will depend on our cancellation and refund policy. You may get a partial to a full refund depending on the circumstance. These circumstances are described in the cancellation and refund policy. In events where a Host did not deliver or prepare the property to our Hosting Standards and Expectations, you may be entitled to a full or partial refund. For more information, you can visit the cancellation and refund policy and the Extenuating Circumstances policy.
1.3 Booking changes for Flat Rate booking. When speak of Flat Rate Booking, we refer to our Flat Rate Travel Tier booking. When traveling with Flat Rate Booking you can modify your travel dates and accommodation on Hustle Pads’ website and mobile app. The cancellation and refund policy describes the rules that govern the refund policy for Flat Rate Booking. Hosts will select the refund policy that will be used by each booking.
Please note that you can change your travel tier or upgrade to a higher tier with additional cost at any time. By rebooking, you agree to pay additional fees such as reservation and tax difference that may apply. You also agree that there may be a booking change fee associated with your modification if one does, such fee does apply. For more details please read our cancellation and refund policy.
1.4 Booking changes for non-flat rate booking. When speak of non-flat rate booking we refer to “traditional” or “Traditional” booking. In traditional booking, the Host will choose the cancellation and booking change policies.
By using our platform to book with traditional or non-flat rate booking, you are agreeing to comply with the cancellation policy as set forth by the host.
1.5 No Show. With your confirmed reservation, you agree and understand the terms and conditions of our cancellation and no show policy. In an event of No Show on a valid and confirmed reservation, your full total bill; and all the fees and taxes will still apply and be deducted on your card. Cancellation and no show policy (written on terms and conditions) is sent to you together with your receipt and booking confirmation via email.
Please inform the host for any event that your arrival will be later than expected so you can make the necessary arrangements to access the property and discuss changes to avoid booking cancellation.
1.6 Service fee payable by Guest – Service fee is a percentage of the total amount and is used in making Hustle Pads’ services possible. Service fees are not refundable and cover administration costs, website and app configuration and customer service support. Security Deposit per tier will also apply upon checkout on your last accommodation.
Hustle Pads reserves the right to change to Service Fees and will inform our members accordingly.
2. Host Terms
2.1. Hosting on Hustle Pads. Hustle Pads is an opportunity for you to generate income out of your vacation property. While using our platform you as the host are in control of how you choose to host. On Hustle Pads you can list your property and choose between a fair monthly flat rate price set per room for your listing or a traditional booking model where you set the rates per night and fees.
2.2 Host Contract with Guests. As a host, each time you choose to accept a booking request or receive a booking notification, you are in a direct contract with the guest and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. Each time you have a booking you agree to pay the Hustle Pads service fee and the applicable taxes to your local authorities. It is not the responsibility of Hustle Pads to report the taxes owed to your local government except where required by law.
2.3 Host Independence. Your relationship with Hustle Pads is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Hustle Pads except where Hustle Pads acts as a payment collection agent as described in the Payments Terms.
Hustle Pads does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them. When opt in to using the Flat Rate Booking service you set your flat rate price and the day you rotate guests based on a seven day time block and you agree that this is your choice and does not create a relationship of agent, joint venturer, manager or partner of Hustle Pads.
2.4 Interaction with Guest. Once a guest has completed account setup and selected your listing for booking, you will automatically receive a booking request for review. Your requirements are as follows:
- Deliver a hosting service that complies with our policies, standards, and terms and conditions.
- Implement house rules that are consistent with your listing.
- Directly coordinate with Hustle Pads when any concerns arise that are related to the platform.
- Directly coordinate with the customer when any concerns arise that are related to the guest’s booking and scheduling.
2.5 Host Legal Obligations. You are responsible for complying with any laws, rules, regulations, and agreements pertaining to your listing with Hustle Pads or any Host Services you provide.
It is the Host sole responsibility to understand how the following examples apply to them and you recognize that Hustle Pads is not liable for your actions with regards to these examples:
- When landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties.
- When some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle).
- When the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation.
- When some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays.
Check your local regulations to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations.
2.6 Additional Terms for Adventure Experience Hosts and Service Providers. Hosts agree to these Additional Terms for Adventure Experience Hosts (Adventure Host Terms)
2.7 Host Liability Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Hustle Pads Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Hustle Pads Platform.
3. Host Services Management
3.1 Host Listing. Hustle Pads provides tools that make it easy for you to setup and manage your listing. Your listing content should accurately reflect the nature of the property, with regards to descriptions, photos, text, or/and other data you may provide that may influence a guest’s booking decision or experience at the property. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay.
3.2 Host Services Insurance. It is a requirement of the Hustle Pads Platform that the Host obtain appropriate insurance for your Host Services and suggest you carefully review your insurance policy terms and conditions including coverage details and exclusions. As part of your Host requirements you are required to have a type of vacation rental insurance or short-term rental insurance that covers the type of Host Services you plan to offer on our platform. Hustle Pads does provide its Guests with an accidental damage protection of a limited $5,000 per booking per guest. For incidents that require a larger claim, you are responsible for having proper Host Insurance coverage for major damages.
3.3 Accepting & Declining Bookings. You assume responsibility of accepting or declining bookings at your discretion. Hustle Pads will notify you when there is a booking request and you will have the opportunity to approve or deny. If you do not approve the request manually it will be auto completed on your behalf. When the Platform accepts a booking request when there has been no manual acceptance by the host due to a time limit of 48 hours, it does not change the relationship between you and Hustle Pads in regards to acting as an agent, broker, partner or manager of your property.
3.4 Termination of Listing. Upon the guest’s arrival the property must reflect the listing as it was made at the time of booking. Any significant changes (for example, renovations or alterations, or the temporary or permanent addition or removal of facilities or amenities) is strictly prohibited after booking has been confirmed, unless otherwise, communicated to and agreed with the guest beforehand. Hustle Pads reserves the right at any time and without prior notice to cancel bookings, implement penalty or remove listings.
Whichever is applicable, whenever believed that the host has violated our standards and agreement.
To remove your listing and/or account as a host, log into your account setting and find the “Delete Account” function should you no longer wish to have an account on our Platform. If you wish to delete your account permanently, you agree to honor any existing confirmed bookings. Your account may only be permanently deleted when all confirmed bookings have been completed.
3.5 Modification of Listing Terms. Hustle Pads reserves the right, at our sole discretion, to modify the listing terms or its policies relating to the service, and will provide you with notice of the modification to your registered email address and/or host account. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Service after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, you may reach us through support.hustlepads.com, otherwise, your only recourse is to cease using the service.
3.6 Search Ranking. By providing the complete information needed to display on our platform, you participate in boosting your listing’s findability; Furthermore, you clearly understand that this is not the only factor that affects the search results and these may include but not limited to the following:
3.6.1 Guest Preference (price, flat rate tier, property features, location, accessibility, house rules, and amenities)
3.6.2 Guest Booking Experience (reviews, previous experience, ratings, etc.) There are two events that the Hustle Pads platform will use to rank a listing in higher priority and that is (1) when there is a Signature Pad or Signature Adventure property that his a time sensitive experience linked to it. (2) when there is a partially booked Flat Rate Booking listing that needs to be filled, it will be placed in higher priority in the search fields.
4.1 Cancellation by Guest. Should the guest cancel the booking, you will receive a notification based on your notification preferences.
4.1.1 When a Guest cancels based on the Traditional booking model, the Host will set the cancellation restrictions and guidelines. Guests will need to adhere to the rules set within the booking agreement for that listing set by the Host. The Cancellation Policy details the requirements of guests and hosts.
4.1.2 When a Guest cancels based on Flat Rate Booking, the host will receive a notification of the guests cancellation. Guests will need to adhere to the rules set within the Cancellation Policy for Flat Rate Booking.
4.2 Cancellation by Host. In an effort not to disrupt Guest’s plans and impact the confidence in the Hustle Pads community, hosts should fulfill all confirmed reservations. As a Host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences.
- More than 14 days before check-in, we’ll deduct $50 from your next payout
- Less than 14 days before check-in, we’ll deduct $100 from your next payout
Hustle Pads also reserves the right to add a review to your account stating you have canceled on a Guest and these reviews can not be removed. Also, Hustle Pads reserves the right to suspend your account if you cancel 3 or more reservations. You will also not be able to claim a Signature Pad status in the future if such action is taken.
4.3 Cancellation by Hustle Pads. Hustle Pads reserves the right to cancel a confirmed booking on your behalf under certain circumstances, and cancel without you getting any pay-out, to refund the guest in full under the following conditions:
i. Extenuating Circumstances (where proof is provided by the guest)
ii. Technical issues outside of our control.
5. Pay-Out and Taxes
5.1 Host Pay-Out. On a default basis, there will be a separate pay-out for each confirmed booking which you will receive accordingly based on your signed agreement with us. For the case of a guest’s cancelled booking that is subject to host pay-out, the payment calculation process will start on the next business day after the check-in date as scheduled. All financial information in your account or submitted to us is calculated based in your selected currency. As such, you accept that there may be small variations due to exchange rate fluctuations or cost-covering mark-ups depending on your location.
5.2 Local Taxes. It is your sole responsibility to be aware of your local laws with regards to the applicable taxes and fees. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”).
5.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Hustle Pads may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
6. General Terms
6.1 Reviews and Ratings. After each Host Service, Guests and Hosts will have an opportunity to leave a review for each user. Users can leave a review of their rented property, its amenities and offered services, and any underlying truths regarding their stay in the property. Your reviews must be strictly accurate and must not contain any false information, discriminatory or offensive remarks, or other languages violating our Content Policy and Community Standards and Expectations.
6.2 Fees. Hustle Pads may charge any fees to Hosts, Guests and other user related to their use of the platform. Hustle Pads reserve the right to change the service fees any time and will provide notice of changes of fees prior its effective date. Such a change will not affect any bookings made prior the effective date.
6.3 Rules. All members and users are obliged to follow our rules and policies including:
- Only use the Hustle Pads platform as authorized by the Terms for any transactions related to listing, managing or booking a property.
- Any mishandling of members’ and users’ personal information is strictly prohibited
- Do not scrape, hack, reverse engineer, compromise or attempt to impair the Hustle Pads Platform. The use of bots, crawlers, scrapers and other automated means to access or collect data or other content from our Platform is strictly prohibited. You must also not damage or adversely affect the performance or proper functioning fo the Hustle Pads Platform.
- Do not make any transactions or payments outside the Hustle Pads platform
- Do not engage in any malpractices that may harm or compromise our platform
- Members must strictly comply with our Hosting Guidelines
- Users must strictly comply with our Booking Guidelines
- Both members and users must strictly comply with our Set of Community Standards and Expectations
- Users must strictly comply with our Policies on Large Events and Parties
- Members must strictly comply with our Policy on Security Devices at a Property
- Both members and users must strictly comply with our Non-Discriminatory Policy
- Both members and users must strictly comply with our Content Policy
- Users must strictly comply with our Review Guidelines
- Both members and users acknowledge and agree to performing background checks on any possible criminal or sex offender record to protect the welfare of all our members and users of the platform
7. INTELLECTUAL PROPERTY
7.1 Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
7.3 Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to [email protected]. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
i. Identify the copyrighted work that you claim has been infringed.
ii. Identify the material or link you claim is infringing.
iii. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
iv. Include both of the following statements in the body of your report:
– “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
– “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
v. Provide your full legal name and your electronic or physical signature.
8. ACCEPTABLE USE POLICY
By visiting this Platform, you represent and agree that:
a) You have a full capacity to enter into a legally binding agreement, such as these Terms.
b) You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
c) If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
d) You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone’s private information without consent, pyramid schemes, multilevel-marketing, “get rich quick” offerings, encouragement of violence.
e) You will ask for our permission before copying anything from our Platform for republication.
f) You will not use our Platform for anything illegal.
g) We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
h) Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
i) You will not impede the proper functioning of the Platform.
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
10. Disclaimer of Warranties
We provide the Hustle Pads Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, either express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Hustle Pads Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Hustle Pads has completed an attempt to qualify relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
11. Limitations on Liability
Neither Hustle Pads (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Hustle Pads Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Hustle Pads Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Hustle Pads Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Hustle Pads has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms in no event will Hustle Pads aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Hustle Pads Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).
These limitations of liability and damages are fundamental elements of the agreement between you and Hustle Pads. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Hustle Pads option), indemnify, and hold Hustle Pad (including Hustle Pads affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Hustle Pads Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Signature Adventure or Signature Pad or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
13. ARBITRATION; CLASS ACTION WAIVER
13.1 Arbitration. Any controversy or claim under $10,000 US arising out of or relating to these Terms of Service, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall be governed by the laws of the State of Massachusetts. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
13.3 Class Action Waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
a) Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
b) Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
c) Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.
d) Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
f) Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
e) Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
g) Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
h) Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
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