Terms of service.
Last Updated: March 16, 2023
1. INTRODUCTION
This is a legally binding agreement between you (“you” or “user”) and Silicea Labs, LLC (“Silicea Labs”, “Resident Hustle”, “we”, or “us”). Resident Hustle offers a subscription-based service that allows users to access human performance and wellbeing related content provided over the Internet. These terms of service govern your access and use of our owned and operated website, currently available at www.residenthustle.com, the Resident Hustle mobile application or “app”, and all associated features, applications, widgets, and their respective contents branded as Resident Hustle, including without limitation, any new features and applications (collectively, the “Resident Hustle Services”).
By using the Resident Hustle Services in any manner, you agree that you accept these terms of service. If you do not agree to these terms, you may not use the Resident Hustle Services. These terms of service also incorporate the requirements of our privacy policy and any particular Resident Hustle Services posted guidelines or policies.
We may, in our sole discretion, modify these terms of service with or without notice to you. The “Last Updated” date at the top of these terms will indicate when the latest modifications were made. By continuing to access and use the Resident Hustle Services after these terms of service have been modified, you are agreeing to such modifications. Therefore, you should review these terms of service prior to each use of the Resident Hustle Services.
At no time are any teachings or information available from the Resident Hustle Services intended to be substituted for professional mental health or medical treatment. You should always seek the attention of a licensed medical professional for any concerns.
The Resident Hustle Services are not available to persons under the age of 13. If you are under the age of 13, you may only use the Resident Hustle Services under the supervision of your parent or legal guardian, who agrees to be bound by these terms of service. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Resident Hustle Services if your parent or legal guardian agrees to be bound by these terms of service.
The Resident Hustle Services are also not available to any users previously barred from using them or restricted from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY USING THE Resident Hustle SERVICES, YOU AGREE TO THE MANDATORY ARBITRATION, CLASS ACTION WAIVER AND JURY WAIVER PROVISIONS CONTAINED IN THESE TERMS OF SERVICE CONTAINED IN SECTION 9.
2. MEMBERSHIP
Subscription. Your Resident Hustle subscription will continue and automatically renew until terminated. To use the Resident Hustle Services you must have Internet access, a device that can utilize the Resident Hustle Services and a valid form of payment. You authorize us to charge any form of payment you provide, in connection with your subscription. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle. Your billing will include your subscription fees and any applicable taxes and transaction fees. You may also incur third-party charges and taxes when receiving the Resident Hustle Services through your smartphone or other mobile device.
Free Trial. Your Resident Hustle Services may start with a free trial period. Any free trial period is at the sole discretion of Resident Hustle and we may limit eligibility or duration to prevent misuse. We reserve the right to terminate any free trial period at any time. We may charge you a subscription fee upon expiration of your free trial period. To view the subscription price, please access your account information when you login for the Resident Hustle Services.
Account. To have a subscription you will need to open a user account. You will be asked to provide us with certain information such as an email address or Apple ID. You are solely responsible for maintaining the confidentiality of your account, your email address and Apple ID. You will be assigned a one-time PIN code upon each login instance. Please make sure the information you provide to us at all times true, accurate, current, and complete to the best of your knowledge. You may not sell, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account.
Cancellation. You can cancel your Resident Hustle subscription at any time through the settings in your account. Following cancellation, you will continue to have access to the Resident Hustle Services through the end of your subscription period. If you are dissatisfied with the Services or are experiencing financial hardship, you may also request a refund, either through the third-party app store you used to purchase the Resident Hustle app or by emailing us directly at hustle@silicealabs.com. If you are issued a refund, you may lose access to the Services immediately.
Communication Preferences. With your subscription, you consent to receive communications by email or text. You may stop receiving our promotional communications by clicking the unsubscribe links contained in emails or texts or by emailing your request to opt out to hustle@silicealabs.com. You agree that these terms (including all updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
3. CONTENT AND LICENSING
All materials on the Resident Hustle Services, including the Services’ design, graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Resident Hustle or its licensors and are protected by intellectual property laws. Subject to your compliance with these terms of service, you are granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services solely for your personal, non-commercial use only. You will not obtain any ownership interest in the Materials or the Resident Hustle Services through these Terms or otherwise. The posting or display of any Materials does not constitute a waiver of any rights in such Materials. All rights to Materials are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Resident Hustle Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Resident Hustle or the respective copyright owner. Resident Hustle authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks”) contained or described on the Resident Hustle Services (including, without limitation, any marks associated with any products available on the Service) are the sole property of Resident Hustle and/or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of Resident Hustle and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Resident Hustle and may not be copied, imitated or used in whole or in part, without our prior written authorization.
None of the Materials may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photocopying, recordation, photo-reproduced, or otherwise), or reproduced without the express prior written permission of Resident Hustle or its licensors.
You must not hack the Resident Hustle Services or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. You must not perform any activity to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of any of the Resident Hustle Services, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Resident Hustle Services. We reserve the right to bar any such activity.
You may link to any of our Services from your website, blog, application, platform, or services, provided that (a) the link redirects the user to the respective Resident Hustle Services when the user clicks on the link; (b) you do not insert any intermediate page, splash page, or other content between the link and the Services; (c) you do not use the content in a manner that suggests Resident Hustle, the Services, or individuals featured in the Resident Hustle Services, promote or endorse your or any third party’s cause, idea(s), product(s), site(s), application(s), platform(s), or service(s); (d) you do not use the Resident Hustle Services or any portion thereof for commercial purposes; and (e) you do not use the Services in any way that is unlawful or harmful to any individual or entity.
If you violate any terms of these services, we may terminate or suspend you from using the Resident Hustle Services at any time. Resident Hustle will enforce its intellectual property rights to the fullest extent of the law.
From time to time, you may provide us with comments, suggestions, or ideas for enhancements or improvements, including new features, materials, and other content (“Feedback”). Resident Hustle shall have the full, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback, for any purposes, commercial or otherwise, without notice to you or acknowledgement or compensation to you.
We respect the intellectual property rights of others. If you believe your intellectual property is being violated by the Resident Hustle Services, please submit a complaint and request for takedown of specific material to hustle@silicealabs.com. Be sure to provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Resident Hustle Services and the material you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
4. THIRD PARTY WEBSITES
In connection with providing the Resident Hustle services, we may provide links to third-party websites as a convenience to you. If you use these links, you will leave the Resident Hustle Services and your dealings will solely be with the third-party websites. You agree that Resident Hustle is not be responsible or liable for any content, goods or services provided on or through these outside websites. You use these links at your own risk and liability. We have no responsibility for the content, legality or accuracy of any third-party information, products or services.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOUR USE OF THE Resident Hustle SERVICES IS AT YOUR SOLE RISK. THE Resident Hustle SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Resident Hustle AND ITS RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “Resident Hustle AND ITS AFFILIATED PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Resident Hustle AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT THE Resident Hustle SERVICES WILL (I) MEET YOUR REQUIREMENTS, (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE Resident Hustle SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) BE CORRECTED OF ANY ERRORS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Resident Hustle SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Resident Hustle AND ITS AFFILIATED PARTIES ON OR THROUGH THE Resident Hustle SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Resident Hustle OR ITS AFFILIATED PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE Resident Hustle SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF Resident Hustle AND ITS AFFILIATED PARTIES FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY INFORMATION OR SERVICE PURCHASED BY YOU FROM Resident Hustle ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID Resident Hustle ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. SERVICE USAGE; TERMINATION OF USAGE
You agree to use the Resident Hustle Services only for lawful purposes and that you are solely responsible for your use of the Resident Hustle Services.
You further agree that you will not access the Resident Hustle Services by any means except through the interface provided, or designed, by Resident Hustle.
If you provide any information that is false or inaccurate, or Resident Hustle has reasonable grounds to suspect that such information is false or inaccurate, Resident Hustle has the right to prohibit any use of the Resident Hustle Services by you.
You agree that you are not accessing the Resident Hustle Services from any territory where it is illegal to do so. If you reside outside the United States and use the Resident Hustle Services, you do so on your own initiative and are responsible for compliance with all laws.
This Agreement may be terminated by Resident Hustle at any time. You also agree that Resident Hustle may terminate or suspend your access to the Resident Hustle Services, without notice, for any conduct that Resident Hustle, in its sole discretion, believes violates this Agreement, violates any law or is harmful to the interests of another user or Resident Hustle and its Affiliated Parties. You may terminate this Agreement at any time, provided that you discontinue any further use of the Resident Hustle Services and destroy any downloaded materials.
Resident Hustle reserves the right at any time to modify or discontinue, temporarily or permanently, the Resident Hustle Services (or any part thereof), with or without notice. Except as otherwise expressly stated in these terms of service, you agree that Resident Hustle and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Resident Hustle Services.
7. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Resident Hustle and its Affiliated Parties against all liability, causes of action, damages and costs, including any reasonable attorneys’ fees, arising from your use of the Resident Hustle Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Resident Hustle Services.
8. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the United States and the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
You agree that any claim or dispute relating to the Resident Hustle Services or this Agreement that is not resolved under the arbitration requirements of this Agreement must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Los Angeles, California, and no other court. You agree to submit to the personal jurisdiction of such courts and to accept service of process from them.
If there is an instance when you have a concern that needs special attention, Resident Hustle is committed to working with you to reach a reasonable resolution. However, we can only do this if we know about it. Therefore, for any concern you may have with the Resident Hustle Services, you agree to first send a written description of it to hustle@silicealabs.com so we have an opportunity to address it. You agree to work with Resident Hustle in good faith to resolve the concern. We believe this should lead to resolution. However, if for some reason the concern is not resolved satisfactorily within sixty (60) days after we receive your email, and all necessary information, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum for any dispute and claim that cannot be resolved informally will be final and binding arbitration. However, if you have infringed or violated, in any manner, Resident Hustle’s intellectual property rights, you acknowledge that arbitration is not an adequate remedy at law and that we may seek injunctive relief. You agree that the U.S. Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement.
The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. If you are required to pay a filing fee, after Resident Hustle receives notice that you have commenced arbitration (and you have complied with the dispute resolution requirements in this Agreement), Resident Hustle will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Resident Hustle and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
YOU AND Resident Hustle 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 Resident Hustle agree, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND Resident Hustle BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
In no event can any claim or action by you related to the Resident Hustle Services be instituted more than one year after the cause of action arose.
9. MOBILE SERVICES
The following applies to users of the Resident Hustle mobile application (“the App”). The use of the App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from Resident Hustle, your mobile carrier or third-party service provider. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the App.
We do not warrant that the App will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the App and that you may be required to install any such update in order for the App to continue functioning properly. You may not export any of our mobile applications except in compliance with all applicable laws.
iOS App
The following applies if you obtain the App from Apple, Inc.’s (“Apple”) App Store. You acknowledge and agree that these terms of service are solely between you and Resident Hustle, not Apple, and that Apple has no responsibility for the App or the contents thereof. Your use of the App must comply with the App Store Terms of Service or other terms applicable to the use of the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will be responsible for any refund of the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Apple is not responsible for addressing any claims by you or by any third party relating to the App or your possession and/or use of the App, including but not limited to, (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by these terms of service and any law applicable to Resident Hustle as the provider of the App.
You acknowledge that in the event of a claim that the App and your possession and use thereof infringes a third party’s intellectual property rights, Resident Hustle, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these terms of service.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting’’ country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
You and Resident Hustle acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these terms of service and that, upon your acceptance of these terms of service, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms of service against you as a third-party beneficiary thereof.
Google Play App
The following applies if you obtain the App from Google Play (or its successors) operated by Google, Inc. (“Google”). You acknowledge and agree that these terms of service are solely between you and Resident Hustle, not Google and that Google has no responsibility for the App or the contents thereof. Your use of the App must comply with the Google Play Terms of Use or other terms applicable to the use of the App. You acknowledge that Google bears no obligation or responsibility for maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these terms of service and any law applicable to Resident Hustle as a provider of the App.
10. MISCELLANEOUS
Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
Entire Agreement. This Agreement, including the Privacy Policy and any other policies incorporated herein, constitute the entire and only agreement between Resident Hustle and you. This Agreement supersedes any prior or contemporaneous agreements, representations, warranties and understandings, written or oral, regarding this Agreement or the Resident Hustle Services.
No Waiver. The failure of Resident Hustle and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
11. CONTACT INFORMATION
If you have any comments, questions, or concerns regarding this Agreement or the Resident Hustle Services, please contact us at hustle@silicealabs.com. We will address any issue to the best of our abilities as soon as possible.