Terms of use
These Terms and Conditions (“Terms”) form a legally binding agreement between Xaria or where applicable, its affiliated companies (“Sidehustle” “us,” “we” or “our”) and you: (i) a user of our mobile application or browser extensions (“User”, “Extension” and “Application” respectively.) and the services provided therein (“Services”); and/or (ii) a visitor of our website (“Visitor” and “Website,” respectively). Users and Visitors shall be collectively referred to herein as “you” or “your”.
By downloading the Extension or Application or by accessing the Extension or Application, our Services and our Website, you are expressly agreeing to be bound by these Terms. You hereby acknowledge that you have read, understood and agree to comply with these Terms and agree to comply with all applicable laws and regulations with respect to your use of the Services, Extension or the Application and/or the Website. Please do not accept these Terms or access or use the Extension or Application or our Website if you do not agree to comply with and be bound by these Terms. You hereby represent and warrant that: (i) you are legally permitted to enter into and be bound by these Terms; and (ii) you are over the age of 16 or are not considered a “child,” “minor” or other similar status under the applicable laws in your jurisdiction. To the extent permitted under applicable law, you hereby waive any rights to require or receive an original (non-electronic) signature or delivery of non-electronic records of these Terms.
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Description of the Services, Application and Website
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Extension, Application and Services.
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Sidehustle is a market intelligence company that licenses data products and services to its customers and partners (“Partners”) to use in connection with market research on particular brands and products, marketing campaigns, advertising efficacy and investment research. Sidehustle’s Services enabling users’ to share and sell their data through surveys (“Market Research Surveys”) including, metered data (each a “Panel”)and be rewarded with points (“Survey Points”). Subject to the Registration and Account Section of these Terms, when you download our Application and Extensions, it will first determine whether you are eligible to join one or more of the Panels. If it is determined that you are eligible to join a Panel, you will be able to earn points (the amount of which will be displayed in the Application and Extension) for each day that you use our Extension or allow our Application to run in the background of your device or conduct web searches through the Application and Extension (“Activity Points”). In certain cases, we may, at our sole discretion, provide a higher number of Activity Points for members of a particular Panel from time-to-time. In order to collect the Activity Points the user may be requested to access and open our Application and Extension on a daily basis, in such case if the user didn’t access the Extension and Application and collect the Activity Points for such date, the Activity Points for that day shall be deleted and the user may not be able to collect or redeem such Activity Points. You will be able to see the balance of Activity Points that you have earned on the home screen of the Application or on the home page of the browser the Extension is installed on. In order to participate in Market Research Surveys, you will need to first fill out a demographic survey which will include certain demographic questions about you, as shall be updated from time-to-time within the Application and Extension (“Demographic Survey”) which will also allow us and our Partners to match you with Market Research Surveys that will be most applicable to you.). Activity Points and Survey Points (as such term is defined below) be collectively referred to herein as “Points”.
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Your Points may be redeemed for gift cards from our third-party vendors, as reflected within the Point redeeming section of the Application and Extension. You will be able to accumulate up to the amount of points listed as the applicable Points limit in the Application or Extension as presented in the Application or Extension (“Point Limit”). Once you reach such Points limit, you will no longer be able to accumulate Points until some or all of those Points are redeemed. We reserve the right, at our sole discretion, to change the Point Limit from time-to-time, as shall be reflected within the Application, Extension or these Terms. Additionally, you will need to accumulate a certain minimum number of Points before you can redeem them, as shall be determined by us at our sole discretion and specified within the Application.
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YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO REDEEM THE POINTS IS SUBJECT TO THE PAYMENT OF THE PARTNERS TO US. IN ANY CASE THE PARTNERS DO NOT PAY US FOR A CERTAIN SURVEY OR ACTION YOU PREFORMED WE WILL NOT REDEEM THE POINTS YOU EARNED FOR THAT CERTAIN SURVEY OR ACTION AND WE MAY FURTHER TERMINATE AND CANCEL ANY POINTS GRANTED TO YOU FOR SUCH SURVEYS AND ACTIONS.
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The Application, Extensions and Services will be made available to you via your device. Please be advised that not all devices are compatible with the Application or Extension and we do not warrant that the Application or Extension will be compatible with your particular device. You may use the Application or Extension solely with your primary device (i.e. the mobile device used to conduct daily business). We may on our sole discretion decide to terminate your usage and access to the Application or Extension if we determine that you use and access the Application or Extension not through your primary mobile device or in the case, we detect that you install "suspicious apps" such as VPN apps, location blocker apps and any other application that we may detect as suspicious.
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Please review the specifications for the Application or Extension in your application store to verify that your device is compatible with the Application or Extension before attempting to download the Application or Extension. Standard carrier data charges may apply to your use of the Application or Extension.
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Website. Our Website is mainly an informative website and is meant to provide you with information regarding our Application and Extension. You may also contact us, submit a request and be redirected to download the Application via the applicable store. We hereby grant you permission to visit and use the Website for your information and personal use only (and, where applicable, the internal business purposes of your organization), subject to these Terms and your compliance with applicable law.
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The Website, Extension and the Application may include certain trademarks and logos of Sidehustle (“Marks”), as well as content, texts, documents, descriptions, products, graphics, photos, sounds, videos, and interactive features (together with the Marks, “Content”) all of which are the property of Sidehustle, and your access to and use of such Content is thus subject to our rights as further provided herein.
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Registration and Account
Before you can access and use our Application, Extension and collect or redeem any points, you will need to download our Application or Extension via the mobile application and extensions stores. in order to redeem points you are required to sign up and create an account (“Account”). In order to create an Account, you will either need to create a username and password, or login via one of the social media platforms that are supported by the Application and Extension (e.g., Facebook, google and etc). Each User shall only be permitted to create one Account. You will also need to provide us with certain access permissions to your mobile device as part of the registration process. By creating your Account, you hereby acknowledge and agree: (i) to provide accurate and complete Account information, login information and Market Research Surveys (as such term is defined below) responses; (ii) to keep, and ensure that your Account information including your login details and password are kept, secure at all times; (iii) to remain solely responsible and liable for the activity arising out of any failure to keep your Account details confidential; (iv) to only create one Account and not create any other accounts via any of your other devices; and (v) to promptly notify us in writing if you become aware of any unauthorized access or use of your Account. (vi) to access to the Application through your primary mobile device (i.e. the mobile device that you use you for daily operation). We reserve the right to terminate or suspend your Account in the event that you provided us with any false or inaccurate information in connection with your Account or if we believe your use of the Services is done through a mobile device that is not your primary device or in a manner that does not comply with these Terms or any applicable laws. We will store, process, use and share the information you provide during the registration process and via your Account in accordance with our Privacy Policy. Please note that we may use your email address that you provided during the registration process in order to send you certain marketing messages and operational or support messages.
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License
Subject to these Terms, we hereby grant you a non-exclusive, non-transferable, revocable license to install and use the Application, the Extension and our Services, solely for your personal use. The foregoing license grant is not a sale of the Application, Extension or any copy thereof, and we retain all right, title, and interest in and to the Application and Extension (and any copies of the Application and Extension) and any Content included therein.
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Restrictions
We reserve the right at any time to cancel, modify, or restrict any aspect of our Services including, the eligibility to participate in any survey or redeem any Points for any reason include cancel or terminate any current points you have in your account. We Further reserve the right to restrict your use of our Services inc case that you have been previously removed from or to suspend any user in case we, on our sole discretion, decide that suspicious activity has taken place, including cases we detect application installed on the used device that we have categorized as suspicious apps, such as VPN apps, location blockers, etc. In such cases the Services may still operate on the user's device but no redemption of points may be available by the users and we may terminate any points previously granted to you.. If you wish to object to such suspension or restriction, you may contact us as detailed below.
Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Website, Extension or the Application to any third party; (ii) circumvent, disable or otherwise interfere with security-related features of the Website, Extension, Application or features, including features that are intended to prevent or restrict use or copying of any content or that are intended to impose or enforce limitations on the use of the Website, Extension or the Application; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of the Website, Extension or the Application or any components thereof, or create any derivative works of the Website, Extension or the Application, or any part thereof; (iv) use any robot, spider, crawler, scraper, or other automated means to access or monitor the Website, Extension or Application for any purpose, or to copy, access, collect, download, or otherwise obtain data, content (including the Content) or other information from the Website, Extension or the Application; (v) take any action that imposes or which we determine, in our sole discretion, may impose an unreasonable or disproportionately large load on the infrastructure which supports the Website, Extension or the Application; (vi) interfere or attempt to interfere with the integrity or proper operation of the Website, Extension or the Application; (vii) remove, deface, obscure, or alter our identification, attribution or copyright notices, Marks, or other proprietary rights affixed to or provided as part of the Website or Application, or use or display logos of the Website, Extension or Application without our prior written approval; (viii) use any of our Marks without our prior written consent; (ix) use the Website, Extension or the Application in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose (including without limitation third-party defamation), or in breach of these Terms, any terms and conditions of any third-party product or service you use, or any agreement you have entered into with any third party; (x) submit any information, that we subject to our sole discretion believe is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, or not your own; or (xi) impersonate another individual.
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Modifications to the Application
You acknowledge that we may from time to time issue upgraded versions of the Application and Extension and may automatically upgrade the version of the Application and Extension that you are using on your mobile device. Such modification may include modification on the rewards model (i.e. the method you are allocated with our points and rewards) and the type of rewards you are eligible for. You hereby consent to such automatic upgrade and agree that these Terms will apply to such upgrades.
It is hereby clarified that different users may have different versions of our Extension and Application and as such they may have access to different features of the Extension and Application, or the Application and Extension may perform differently for different users.
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Privacy Policy
We will process, store and use any Personal Data (as such term is defined in our Privacy Policy) you provide or that we collect during your use of the Extension and Application (including any information provided via your Account) or the Website in accordance with our Privacy Policy (“Privacy Policy”).
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Intellectual Property Rights
The Website, Extension and the Application, as well as any Content contained or displayed on the Website, Extension or in the Application, are the property of Sidehustle and may be protected by applicable copyright or other intellectual property laws and treaties. We own the intellectual property rights and have the title and full, exclusive ownership rights in the Website, Extension and the Application (including the Content and all other aspects thereof), and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including data, related to your usage of the Website, Extension and the Applications and any rights therein not explicitly granted to you hereunder, are reserved to and shall remain solely and exclusively proprietary to Sidehustle (or its third-party providers, if applicable). For the avoidance of doubt, the names “Sidehustle” and our respective logos, and all related marks are considered Marks of Sidehustle. All other trademarks and logos used on the Website, Extension or the Application are the trademarks, marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website, the Extension, Application, and the Content. You may not download or save a copy of any of the Content or screens included in the Extension and Application for any purpose except as otherwise permitted by us. Please be advised that if you use the Extension and Application in any way other than as expressly permitted herein, you may be in violation of copyright and other laws of the United States, the UK or other countries, and may be held liable for such unauthorized use. Additionally, if you provide us with suggestions, comments or other feedback with respect to the Website, Extension or the Application (“Feedback”), any Feedback shall be considered our sole property and we will be free to adopt such Feedback for any of our products, including the Extension and Application, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to us as we see fit, without any obligation or restriction of any kind on account of intellectual property rights or otherwise. You hereby waive any right to the Feedback, including but not limited to moral rights and any right for royalties or any other consideration. Without derogating from the above, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and implement any information and/or content that you post, disclose, publish or otherwise make available in the course of your use of the Extension, Application, the Services or the Website (including any customer forums or blogs), including without limitation for publishing and redistributing part or all of such information and/or content (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in such information and/or content, to the extent permitted by law.
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DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE EXTENSION, APPLICATION AND THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CONTENT, FUNCTIONS, MATERIALS AND SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE APP OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT YOU WILL BE ABLE TO REDEEM ANY AMOUNT ACCRUED UNDER YOUR ACCOUNT OR THAT ANY PRIZE PREVIOUSLY EARNED MAY BE REDEEMED AT THE TIME YOU WISH TO REDEEM IT. WE MAKE NO WARRANTY THAT THE EXTENSION AND APPLICATION WILL MEET ANY USERS' EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT ALL USERS WILL HAVE ACCESS TO THE SAME FEATURES OR HAVE THE SAME EXPERIENCE WHEN USING OR ACCESSING THE APPLICATION AND SERVICES. WE DO NOT WARRANT THAT THE WEBSITE, THE EXTENSION , THE APPLICATION OR ACCESS TO AND USE OF THE WEBSITE, EXTENSION OR THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE APPLICATION WILL BE FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE OFFER NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE WEBSITE, EXTENSION OR THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE WEBSITE OR APPLICATION, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK OR PREVENT VIRUSES, SPAM OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. IF YOU ARE DISSATISFIED WITH THE APPLICATION, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.
In the event that applicable law does not allow the exclusion of certain warranties such specific exclusions may not apply.
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Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:
IN NO EVENT SHALL SIDEHUSTLE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; (II) LOSS OF REVENUE, BUSINESS OR ANTICIPATED PROFITS; (III) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, REVENUE OR GOODWILL; OR (IV) THE COST OF USING SUBSTITUTE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SIDEHUSTLE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS AND YOUR USE, OR INABILITY TO USE, THE EXTENSION, THE APPLICATION, THE SERVICES OR THE WEBSITE, EXCEED IN THE AGGREGATE: US$100.00. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF SIDEHUSTLE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR ANY OF THE AFOREMENTIONED REPRESENTATIVES’ HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU FOLLOWING THE EARLIER OF: (I) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN; OR (II) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.
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Indemnification
You hereby agree to defend, indemnify and hold Sidehustle, its directors, officers, employees, agents and affiliates harmless from any and all third-party claims, liabilities, damages, costs and expenses, including reasonable attorney fees, in any way arising from, related to or in connection with your use of the Extension , Application or Website, your violation of the Terms or the posting or transmission of any materials on or through the Extension, Application by you, including, but not limited to, any third party claim that any information or materials you provided infringes any third party proprietary right.
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Third-Party Software
Portions of the software upon which the Extension and Application is based may include third party open-source software that is subject to third party terms and conditions (“Third-Party Terms”). If there is a conflict between any Third-Party Terms and these Terms, then the Third-Party Terms shall prevail, solely in connection with the related third-party open-source software. Notwithstanding anything to the contrary, we make no warranty or indemnity hereunder with respect to any third-party open-source software.
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Interactions With Third Parties
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Third-Party Links and Content. The Website, Extension or Application may include links to or content provided by third parties, including links to the gift card brand websites and content. We do not maintain or own this content and we do not imply approval, sponsorship, or endorsement of these third-party websites nor have we reviewed these websites. If you decide to leave our Website, Extension or Application to access third-party websites, you do so at your own risk. You agree that we do not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Website, Extension or Application.
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App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which you download the application, e.g., Google Play store and Chrome Web Store (“Google Play”) or Apple Inc.’s (“Apple”) App Store. In addition to these terms, you agree to comply with all applicable third-party terms of agreement (e.g., Google Play’s terms and policies or Apple’s terms and policies) when using the Extension and Application. You acknowledge these Terms are entered into between you and us. Sidehustle, not Google Play, is solely responsible for the Extension, Application and its content. Accordingly, we are responsible for providing any maintenance and support services with respect to the Extension and Application. User acknowledges that Google Play has no obligation whatsoever to furnish any maintenance and support services with respect to the Extension and Application.
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Google Play Users. To the extent you download the Application from Google Play, these additional terms will apply. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: (i) to the extent of any conflict between these Terms and the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), the Google Play Terms shall apply with respect to your use of the Application that you download from Google Play; and (ii) you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.
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Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state of Israel without giving rise to any conflict of laws rules therein. The parties each expressly agree that the exclusive jurisdiction and venue for resolving any claim or dispute under these Terms shall be in the competent courts of Tel-Aviv Yafo, Israel. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is excluded from these Terms. Additionally, notwithstanding the foregoing, we reserve the right to seek injunctive relief in any court in any jurisdiction.
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Termination and Suspension
You can terminate your use of the Application and Extension or your use of the Services at any time by uninstalling the Application and Extension from your mobile device. We may terminate or suspend your Account or suspend your use of the Application, Extension or the Services at any time and without prior written notice, at our sole discretion, for any or no reason. We reserve the right to, in our sole discretion and without providing you with any notice, terminate your Account or cancel any of your Points (including the ability to redeem current Points you own) if we have determined at our sole discretion that you have committed any acts of fraud, have fraudulently earned any of such Points or have violated these Terms in any way. Additionally, we reserve the right, for any or no reason, in our sole discretion and without providing you with any prior notice, to terminate, change, suspend or discontinue any aspect of the Extension and Application, including, without limitation any of the Content or hours of availability, and we will not be liable to you or to any third-party for such changes or any consequences caused as a result of such changes. You will no longer continue to accrue additional Points in the event that your use of the Services has been terminated in accordance with these Terms nor will you be able to retrieve any accrued Points. Please contact us at: support@sidehustlerbaby.com for inquiries as to why your Account has been terminated or for any other questions or requests related to your Points or your Point balance.
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Notice
Notices to you may be made via email, regular mail or via the Extension or Application itself either through links or pop-up messages.
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Assignment
These Terms, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent. We may assign our rights or obligations hereunder without restriction.
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Amendments
We reserve the right to amend these Terms from time to time without providing you with any prior notice with respect to such amendment. Such amendments shall be effective once we publish them on the Application or the Website as shall be reflected in the “Last Amended” header of these Terms. By continuing to use the Application or the Services following any amendments hereof, you hereby agree to be bound by such amended Terms.
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Miscellaneous
These Terms constitute the entire agreement between you and Sidehustle in connection with and govern your use of the Website, Extension, Application and the Services and supersede all prior agreements and representations related to the subject matter hereof. We reserve the right to discontinue or modify any aspect of the Website, Extension or the Application at any time. Section headings in these Terms are provided for convenience only and have no substantive effect on construction. You agree that nothing herein shall be construed as creating any joint venture, partnership, employment, or agency relationship between us and you as a result of this Agreement, your use of the Application, Extension or the Services. The failure of a party to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
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Contact Us
Please contact us as follows with respect to any questions or concerns you may have in connection with these Terms, or our Services: support@sidehustlerbaby.com