Terms of service
OVERVIEW
This website is operated by H.D.B. Dist. Inc. (“Hustle Butter”). Throughout the site, the terms “we,” “us,” and “our” refer to Hustle Butter. Hustle Butter offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service,” “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the website or use any services.
Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
ARBITRATION NOTICE; WAIVER OF CLASS ACTIONS AND JURY TRIAL
BY USING THE SERVICES, YOU AGREE THAT WE WILL RESOLVE ALL DISPUTES RELATED TO THE SERVICES AND THESE TERMS BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND THAT YOU ARE WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, MASS ARBITRATION, OR OTHER MASS PROCEEDING. YOU ALSO WAIVE THE RIGHT TO A JURY TRIAL. PLEASE SEE DISPUTE RESOLUTION SECTION OF THESE TERMS FOR MORE INFORMATION.
COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES
WE MAY USE COOKIES, PIXELS, SESSION REPLAY, AND OTHER TRACKING TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES, OR (COLLECTIVE, "ADTECH") ON THE SERVICES. WE USE ADTECH TO COLLECT AND PERFORM DATA ANALYTICS, TO RECORD HOW YOU INTERACT WITH THE SERVICES AND OUR CONTENT, INCLUDING WHERE YOU DIRECT YOUR MOUSE, THE INFORMATION YOU TYPE, AND OTHER USER-RELATED ACTIVITIES, AND TO SERVE YOU WITH TARGETED ADVERTISING.
BY VISITING AND USING THE SERVICES, YOU ARE CONSENTING TO OUR USE OF ADTECH AND YOU UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL INFORMATION ABOUT YOU THAT WE COLLECT FROM THE USE OF ADTECH WITH OUR ADTECH PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH, PLEASE SEE OUR PRIVACY POLICY.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence or that you have obtained consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms may result in immediate termination of your Services.
Certain features of the Services may require you to create an account with us (“Account”). These Terms govern the creation and use of your Account. You agree that any Personal Information you provide in connection with your Account will be accurate, current, and complete. When you create an Account, you will be asked to choose a password. You must keep your password confidential. You are responsible for all activities that occur under your Account. If you believe that your Account has been compromised, you must immediately contact us at: contact@hustlebutter.com.
SECTION 2 – UNAUTHORIZED RESELLER POLICY
Selective Distribution
H.D.B. Dist. Inc. (“Hustle Butter”) maintains a selective distribution policy to ensure that its products are sold only by authorized parties who meet specific brand, customer service, and quality standards.
Definition of Unauthorized Reseller:
An unauthorized reseller is any individual, entity, or organization that sells our products without proper authorization from us.
Prohibited Activities
Unauthorized resellers are prohibited from engaging in the following activities:
Selling our products without prior written authorization: The resale of any Hustle Butter® products on third-party marketplaces—including, but not limited to, Amazon.com, Walmart.com, eBay.com, or similar platforms—is strictly prohibited unless expressly authorized in writing by Hustle Butter. Authorization must be granted in advance and is subject to Hustle Butter’s sole discretion
Violating any intellectual property rights, including trademarks and copyrights, associated with our brand: Unauthorized resellers are hereby notified that the use of Hustle Butter® trademarks, logos, copyrighted materials, or proprietary product listings in connection with the sale or promotion of Hustle Butter® products constitutes an infringement of Hustle Butter’s intellectual property rights and may result in legal action.
Altering or misrepresenting our products, trademarks, or branding: This includes modifying Hustle Butter® product packaging, digital assets, logos, or marketing materials in any manner that could mislead customers or imply false affiliation, endorsement, or origin.
Consequences of Unauthorized Reselling
Hustle Butter reserves the right to take appropriate action against individuals or entities that engage in unauthorized resale, including but not limited to:
- Issuing cease and desist orders
- Removal of infringing listings through brand protection programs
- Termination of wholesale or distribution accounts
- Pursuing legal claims for damages, injunctive relief, and recovery of attorney’s fees
Reporting Violations
To report unauthorized sales or inquire about becoming an authorized reseller, please contact Hustle Butter at contact@hustlebutter.com.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website without our express written permission.
Headings in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 4 – INTELLECTUAL PROPERTY RIGHTS
Hustle Butter and its licensors are the sole and exclusive owners of the Services. The Services includes the Luxury Tattoo & Skincare Products | Hustle Butter domain, the content of the Services (including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products, documentation, other components, and content), and the design, selection, and arrangement of the content on the Services.
The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Services or the related intellectual property rights belonging to Hustle Butter or any third party is strictly prohibited. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to Hustle Butter.
Unless otherwise noted, Hustle Butter and the Hustle Butter graphics, logos, icons, and service marks are trademarks, registered trademarks, or trade dress of Hustle Butter protected under U.S. law and the laws of other countries. Hustle Butter trademarks may not be used without our express written consent and must not be used in a manner that disparages or discredits Hustle Butter, causes confusion among customers, or associates with any products or Services not provided by Hustle Butter. Hustle Butter will take legal action against individuals using its trademarks or service marks in metatag keywords or hidden webpage text, as such use constitutes trademark infringement and unfair competition.
Access to the Services does not confer and shall not constitute a license to anyone to use Hustle Butter or any third party's intellectual property rights.
SECTION 5 – DMCA NOTICE: NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Hustle Butter will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed via our DMCA process listed below. You agree to comply with this DMCA process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Hustle Butter’s copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying Hustle Butter that your copyrighted material has been infringed. Hustle Butter does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim.
If we receive a clear and valid notice as outlined in the guidelines below, Hustle Butter will respond by either removing the allegedly infringing content or blocking access to it. Hustle Butter may reach out to the notice provider to request additional information.
Under the DMCA, Hustle Butter is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”).
The Alleged Infringer is allowed under the law to send Hustle Butter a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications as part of the Services. We may publish or share them with third parties at our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).
Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether a particular material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
a. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
b. Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Services. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
c. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
d. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
e. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
f. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
g. Be signed; and
h. Be sent to our DMCA designated agent at the following address:
Hustle Butter
Attn: DMCA Agent
132 Crosby Street
Floor 4
New York, NY 10012
SECTION 6 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated. Material is provided for general information only and should not be relied upon as the sole basis for decisions.
Historical information on this site is provided for reference only. We reserve the right to modify content at any time but are not obligated to update any information. You are responsible for monitoring changes to our site.
SECTION 7 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) without notice.
We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.
SECTION 8 – PRODUCTS OR SERVICES
Certain products or services offered through our website may be available exclusively online. These items may have limited quantities and are subject to availability. All purchases are governed by our Return Policy, which outlines eligibility, procedures, and timeframes for returns and exchanges.
We make every effort to display product images, colors, and details as accurately as possible. However, we cannot guarantee that your device’s screen will reflect the actual color or appearance of any item. Variations may occur due to differences in lighting, screen resolution, or manufacturing.
We reserve the right to limit the sale of our products or services to any individual, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. We also reserve the right to limit quantities of any products or services per order, per household, or per account. All product descriptions, specifications, and pricing are subject to change at any time without prior notice. We may discontinue any product or service at our sole discretion and without liability.
CBD Products
Some products may contain hemp-derived ingredients compliant with the 2018 Farm Bill (≤0.3% THC). Availability is subject to state law, and we reserve the right to refuse shipping where prohibited. These products are intended for use by adults only and are not suitable for children.
Medical Disclaimer
Any statements made about our products, including descriptions, testimonials, or suggested uses, have not been evaluated by the Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. They are not substitutes for professional medical advice, diagnosis, or treatment.
SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household, or order, including orders sharing the same account, credit card, or billing/shipping address.
You agree to provide current, complete, and accurate purchase and account information and to promptly update it as necessary.
SECTION 10 – OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control. Access is “as is” without warranties or endorsement. Use of optional tools is at your own risk.
New features or services may be introduced and will also be subject to these Terms.
SECTION 11 – THIRD-PARTY LINKS
Our Service may include third-party content, products, or services. Third-party links may direct you to websites not affiliated with us. We are not responsible for third-party content, accuracy, policies, or practices.
We are not liable for any harm or damages related to third-party products or services. Complaints should be directed to the relevant third party.
SECTION 12 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
You grant us the right to use, copy, publish, distribute, and otherwise exploit any submissions you provide.
We may monitor, edit, or remove content that is unlawful, offensive, or violates intellectual property rights.
You agree your submissions do not violate third-party rights and are not misleading, malicious, or harmful.
SECTION 13 – PERSONAL INFORMATION
We collect certain Personal Information from and about you, including when you use the Services or otherwise communicate with us. Please see our Privacy Policy | Hustle Butter for more information on how we collect, use, retain, and disclose your Personal Information.
SECTION 14 – ERRORS, INACCURACIES, AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, or shipping. We may cancel orders if the information is inaccurate.
SECTION 15 – ACCEPTABLE USE POLICY
When you use the Services, you are responsible for complying with all applicable laws, rules, and regulations, including our Acceptable Use Policy regarding online conduct set forth in these Terms.
a. You will not download, copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, or create derivative works of the Services.
b. The Services is intended to be used for personal or commercial purposes.
c. You will not use the Services for unlawful purposes.
d. You will only provide us with true, accurate, and complete information when you use the Services.
e. You will not submit inaccurate, incomplete, or out-of-date data via the Services, commit fraud or falsify data in connection with your use of the Services, or act maliciously against the business interests or reputation of Hustle Butter or its affiliates.
f. You will not engage in data mining, data scraping, or similar data gathering or extraction activities or retrieve data or other content from the Services. You will not access, use, or copy any portion of the Services, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
g. You will not collect or store information about users of the Services in any manner.
h. You will not use the Services to post, transmit, input, upload, or otherwise provide any software code, data, or materials that contain any viruses or malware.
i. You will not use the Services to develop, train, or improve any AI or machine learning models.
j. You will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the underlying source code, algorithms, or structure of any technology or Services provided by Hustle Butter.
k. You will not engage in activities designed to render the Services, an Account, or any associated computer systems inoperable or to make their use more difficult.
l. You will not attempt to gain unauthorized access to the Services, an Account, or any associated computer systems.
m. You will not use the Services in a manner which is contrary to the purposes for which it was made available to you by Hustle Butter or for any purpose that Hustle Butter deems objectionable.
SECTION 16 – DISCLAIMER OF WARRANTIES
The Services are provided to you on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Hustle Butter expressly disclaims all express or implied warranties of any kind with respect to the Services, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, course of dealing or usage in trade.
Hustle Butter does not warrant or guarantee that the Services will meet your needs, be compatible with any standards or user requirements, the availability of the Services or that the Services will be uninterrupted or error-free, that any defects in the Services will be corrected, or that the Services is free of viruses or other harmful conditions or components. Your use of the Services is at your own risk, and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks from using the Services.
Hustle Butter makes commercially reasonable efforts to ensure that the Services contain information that is accurate and reliable. However, we expressly disclaim, and you waive, any liability arising from errors and omissions on the Services, including any inaccuracies, typographical errors, or misstatements.
No advice or information, oral or written, obtained by you from Hustle Butter or in any manner from the Website creates any warranty.
SECTION 17 – LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT ANY LIABILITY HUSTLE BUTTER, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS, OR PROFESSIONAL ADVISORS (“AGENTS”) HAVE TO YOU IN CONNECTION WITH THESE TERMS, UNDER ANY CAUSE OF ACTION OR THEORY, IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY CAUSE OF ACTION EXCEED $100.00. WITHOUT LIMITING THE PREVIOUS SENTENCE, IN NO EVENT SHALL WE OR ANY OF OUR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. THIS INCLUDES, WITHOUT LIMITATION:
A. ANY LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES;
B. ANY DAMAGES TO, OR MALWARE THAT MAY INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY RESULTING FROM YOUR USE OF THE SERVICES OR YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY CONTENT OR USER CONTENT FROM THE SERVICES; AND
C. ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES OR ANY THIRD-PARTY WEBSITES OR OTHER WEBSITES LINKED TO THE SERVICES.
THE ABOVE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE SERVICES; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS, EVEN IF WE OR OUR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HUSTLE BUTTER AND OUR AGENTS FROM AND AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS (“CLAIMS”) AND AGREE TO PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SERVICES OR THE USER GENERATED CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN ACCESSING OR USING THE SERVICES OR THE USER GENERATED CONTENT; (C) YOUR SUBMISSION OF USER GENERATED CONTENT; (D) YOUR MISUSE OF ANOTHER PERSON'S PERSONAL INFORMATION; (E) YOUR INFRINGEMENT OR MISAPPROPRIATION OF HUSTLE BUTTER OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; (F) YOUR FAILURE TO COMPLY WITH THE ACCEPTABLE USE POLICY; OR (G) YOUR VIOLATION OF THESE TERMS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
SOME JURISDICTIONS DO NOT ALLOW FOR INDEMNIFICATION PROVISIONS IN CONSUMER AGREEMENTS; THUS, THESE INDEMNIFICATION PROVISIONS MAY NOT APPLY TO YOU.
NO PROVISION IN THESE TERMS SHALL APPLY TO ANY CONSUMER IN NEW JERSEY IF THE PROVISION LIMITS REMEDIES FOR (I) NEGLIGENCE, (II) MERCHANDISE LIABILITY CLAIMS, (III) THE PUNITIVE DAMAGES LAWS, (IV) THE NEW JERSEY UNIFORM COMMERCIAL CODE, OR (V) FAILURE TO REASONABLY PROTECT AGAINST HARM ARISING FROM CERTAIN CRIMINAL ACTS OF THIRD PARTIES (E.G., COMPUTER HACKING AND IDENTITY THEFT). THE PROVISIONS OF THESE TERMS CONCERNING THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES ARE NOT APPLICABLE IN NEW JERSEY WITH RESPECT TO STATUTORY DAMAGES, PUNITIVE DAMAGES, LOSS OF DATA, AND LOSS OF OR DAMAGE TO PROPERTY. HUSTLE BUTTER RESERVES ALL RIGHTS, DEFENSES, AND PERMISSIBLE LIMITATIONS UNDER THE LAWS OF NEW JERSEY AND THE LAWS OF YOUR STATE OF RESIDENCE.
SECTION 19 – DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY
a. WAIVER OF RIGHTS.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SERVICES, USER-GENERATED CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH HUSTLE BUTTER WHETHER IN CONTRACT, TORT, OR OTHERWISE (“DISPUTE”) EXCEPT THE FOLLOWING:
• ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS, AND
• ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.
BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATIONS, EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:
• THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT.
• THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR MASS ARBITRATION, COLLECTIVE OR REPRESENTATIVE CLAIMS.
b. Good Faith Negotiations. We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good-faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number, and a description of the relief you are seeking (“Dispute Notice”). Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below.
c. Mutual Arbitration Agreement.
i. Arbitration of Individual Disputes. Any dispute that cannot be resolved through good faith negotiations must be pursued through binding arbitration on an individual basis as outlined in this section (the “Arbitration Agreement”). A single arbitrator will administer the arbitration.
ii. AAA Proceedings. Either you or Hustle Butter may bring an arbitration proceeding. All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). You may obtain instructions on how to file an arbitration with AAA by calling AAA at 1-(800) 778-7897 or online at www.adr.org, or we can assist you in contacting AAA.
iii. Scope of Arbitrator’s Decision Making. The Parties agree that the arbitrator shall decide all Disputes and all related issues, excluding (a) issues expressly reserved for a court decision in these Terms, (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of these Terms; (c) issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms; (e) issues related to the scope, application and enforceability of the waiver provisions that are for the court to decide, or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.
iv. Final and Binding Decision. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The Parties will bear the costs of the arbitration in accordance with the AAA Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding.
v. Applicability of the FAA. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement, and not state law.
vi. Confidentiality. The parties expressly agree that any actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, subject matter, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
vii. Survival. This Arbitration Agreement provision will survive the termination of these Terms.
viii. Mass Arbitrations. If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make reasonable faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.
ix. Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. The Parties agree to cooperate in good faith with each other and with AAA to implement a “batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA at its discretion, for each batch of demands.
The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the Parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This “Batch Arbitration” provision shall not increase the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorize class arbitration of any kind.
Hustle Butter does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Arbitration Agreement. If the batching provision is found to be invalid, unenforceable, or illegal, then the Batch Proceedings section shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.
x. Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to an AAA mediator selected from a group of 5 mediators initially proposed by AAA. Hustle Butter and the counsel for the remaining claimants have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator being selected.
The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The Parties will then have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a method of resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opts out and they cannot agree on a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
xi. Opt-Out. If you wish to opt out of this Arbitration Agreement, you must provide us with your notice to opt out within 30 days of the first date you visit or use our Website. You must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to:
Hustle Butter
Attn: Legal
132 Crosby Street
Floor 4
New York, NY 10012
If you opt out of this Arbitration Agreement, all other parts of these Terms will still apply to you. This opt-out does not apply to the class action waiver.
xii. Modification. If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account, and you must stop using the Services, your Account, and the User Generated Content.
xiii. Enforceability. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS, AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.
xiv. Applicable Law. New York law applies to any arbitration under this Arbitration Agreement, but the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.
SECTION 20 – COOPERATION WITH LAW ENFORCEMENT
Hustle Butter will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Services. YOU WAIVE AND HOLD HUSTLE BUTTER AND OUR AGENTS HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
SECTION 21 – NOTICE FOR INTERNATIONAL USERS
The Hustle Butter website is controlled, operated, and administered by Hustle Butter from its offices within the United States of America. Hustle Butter makes no representation that materials on the website are appropriate or available for use at locations outside of the United States. If you access the website from locations outside the United States, you are responsible for complying with all applicable local laws.
SECTION 22 – UNAVAILABILITY OF THE SERVICES
The Services may be unavailable or limited for various reasons. We shall not be liable to you or to any third party for any such unavailability of the Services, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, pandemics, quarantines, fire, earthquake, strike, and labor shortages, (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
SECTION 23 – ELECTRONIC COMMUNICATIONS
We use email and electronic means to stay in touch with users of our Services. You consent to receive communications from us in electronic form via the email address you submit upon registration or via the Services and further agree that all Terms of Use, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Communications made through email or the Services do not constitute legal notice to us or any of our affiliates. All legal notices hereunder shall be in writing and delivered to:
Hustle Butter
132 Crosby Street
Floor 4
New York, NY 10012
SECTION 24 – GOVERNING LAW
Except for (a) claims subject to binding arbitration or (b) claims subject to small claims court proceedings, these Terms are governed by the laws of the State of New York without regard to its conflict of laws principles. Except with regard to disputes that are subject to arbitration under this Agreement, the venue for any other dispute arising under this Agreement is exclusively in the state or federal courts located in New York County, New York. You expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Services must be commenced within one year after the cause of action or claim arises.
SECTION 25 – MISCELLANEOUS
a. Termination. If you violate applicable laws or these Terms in connection with the use of the Services, you are immediately prohibited from further use of the website. Hustle Butter may suspend or terminate the Services or your account, in whole or in part, at any time. Hustle Butter shall not be liable to you or anyone else for any damages arising from or related to Hustle Butter’s suspension or termination of your access to the Services or your account, or in the event Hustle Butter modifies, discontinues or restricts the availability of the Services or your account (in whole or in part).
b. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment is immediately void.
c. No Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Hustle Butter.
d. Entire Agreement. These Terms (including all terms and conditions referenced herein) are the entire agreement between you and Hustle Butter with respect to your access to and use of the Services.
e. No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Hustle Butter.
f. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions, and the remaining provisions will remain in full force and effect.
g. Successors and Assigns. These Terms are to the benefit of Hustle Butter’s successors and assigns.
h. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of these Terms, your Account, or your access to or use of the Services.
i. Electronic Documents. These Terms and any other documentation, agreements, notices, or communications between you and Hustle Butter may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
SECTION 26 – CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at our sole discretion. Changes are effective upon posting. Your continued use of the Service constitutes acceptance of the updated Terms.
SECTION 27 – CONTACT INFORMATION
If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact Hustle Butter with questions or comments regarding these Terms at:
Hustle Butter
132 Crosby Street
Floor 4
New York, NY 10012
Email: contact@hustlebutter.com