Legal Agreement: Terms of Service
Terms and Conditions
- Acceptance of Terms
Hustle Reserves the right to update the TOU at any time. Hustle will attempt to contact you to notify of any updates within 30 days of their enactment using the contact information in the Membership Agreement
- Description of Services
Hustle may provide you with the following services (collectively, “Services”). The Services are at all times subject to the TOU.
Hustle will provide members with access to high-speed internet connection via Wi-Fi in accordance with their membership level. Hustle reserves the right to restrict access at any point.
Business Address Policy
Dedicated desks and private offices will have the ability to use 605 Austin Ave. as their business address. Mail will be delivered to an assigned mail cubbie and the member will receive an email notification when he or she has received mail.
Printer and Copier Access Policy
Hustle reserves the right to limit the number of copies members can print and copy at any point. Hustle also reserves the right to adjust the policy at any point.
Conference Room Policy
Hustle will implement systems to regulate access to conference rooms. Hustle reserves the right to decline or cancel conference room reservations at any point. Hustle also reserves the right to adjust the policy at any point.
Tenants will have access to utilize Hustle Co-working for workshops, classes, and networking events by coordinating with the Events and Programs Manager. Hustle Co-working has the right to decline an event for any reason.
Lockers will be provided to dedicated desk members only. Assignments will be limited to one locker per Dedicated desk.
Because dedicated desks will be out in the open, dedicated desk members will be expected to keep their desks reasonably clean and sightly.
You are provided with access to the Space during the standard hours of operation for the building in which the Space is located. Pursuant to the Office Lease, such hours are Monday through Friday, 9:00 a.m. through 5:00 p.m. ; however, “dedicated members” have access to the Space 24 hours per day, subject to the Office Lease. A “dedicated member” is deemed to be any person authorized by us to access and use the Space under our dedicated and private office membership levels. Dedicated Members acknowledge and accept responsibility for the security of the doors and spaces they access. Dedicated Members may be provided with one key to access the Space. Failure to return the key at the termination of this Agreement or requesting replacements for lost keys will result in a $7.00 key replacement fee.
- No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Hustle server, or the network(s) connected to any Hustle server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Hustle server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
- Use of services
You agree that when participating in or using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Hustle Services;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Restrict or inhibit any other user from using and enjoying the Services;
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
- Violate any applicable laws or regulations; and
- Hustle reserves the right at all times to disclose any information about you, your participation in and use of the Services as Hustle deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post any information or materials, in whole or in part, in Hustle’s sole discretion.
- You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Hustle or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.
Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Hustle, any analyses, compilations, studies or other documents prepared by Hustle or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
- Your participation in and /or use of the Services obligates you to
- maintain all Confidential Information in strict confidence;
- not to disclose Confidential Information to any third parties;
- not to use the Confidential Information in any way directly or indirectly detrimental to Hustle or any participant or user of the Services.
- All Confidential Information remains the sole and exclusive property of Hustle or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property rights of Hustle or any participant or user of the Services.
- Participation in or Use of Services
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Hustle does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
- Disclaimer of Warranties
To the maximum extent permitted by applicable law, Hustle provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
- Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall Hustle or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Hustle, and even if Hustle has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.
- Limitation of Liability and Remedies
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Hustle or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Hustle reserves the right to terminate any Service at any time. Hustle further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU.
You release, and hereby agree to indemnify, defend and save harmless Hustle and Hustle’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Hustle or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Hustle will carry General Liability insurance. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of Hustle.