Welcome
Thank
you for becoming a participant in our HustlerCash Program
("Program"). Please carefully read all of the following terms and
conditions. This is a binding legal agreement ("Agreement") between
LFP Internet Group, LLC, a Delaware limited liability company, (hereinafter,
" HustlerCash ", "we", or "us") and you
("You").
The following offer to You to participate in the Program is subject to all the
terms, conditions, limitations and waivers below. You acknowledge and agree
that by participating in the HustlerCash Program You will be bound by all the
terms and conditions in this Agreement.
1. Rights Granted To You By Us. Subject to the terms and conditions set
forth in this Agreement by us, we grant to You, the following:
1.1 The non-exclusive right to direct, refer or send visitors or users
of your Web site to web sites owned, operated or controlled by us.
1.2 A limited, non-exclusive, nontransferable and revocable license to
access and download promotional banners, and other promotional materials created
by HustlerCash for use on your Web site for the exclusive purpose of
advertising, marketing or promoting websites owned, controlled and/or operated
by us; provided, however, the license herein granted shall automatically and
immediately cease upon the termination of this Agreement.
2. Your Warranties To Us. In consideration of HustlerCash providing You
with Program benefits, You agree and warrant as follows:
2.1 That You will at no time while You are participating in the Program,
or using any materials provided to You by us, directly or indirectly display or
include on your Web site any advertising or advertising links of any kind which
promote HustlerCash sites, other than those advertisements or ad links which
have been pre-approved by us, in compliance with this Agreement, and which
advertise HustlerCash or other sites, companies, products or other wide area
network addresses which we designate.
2.2 That You will not use any form of mass unsolicited electronic mail
solicitations, newsgroup postings, IRC posting or any other form of
"spamming" as a means of promoting your Web site or for the purpose
of directing or referring users to any websites owned, operated or controlled
by us. You further acknowledge and agree that we have the right to immediately,
and without notice, terminate your participation in the Program if we, in our
sole and exclusive judgment, conclude that You have engaged in the use of any
form of mass unsolicited electronic mail solicitations, newsgroup postings,
password selling or trading, warez, IRC posting or any other form of
"spamming". NOTE: WE HAVE ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM,
YOUR PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, YOU WILL BE BARRED FROM
FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE
FORFEITED TO US.
2.3 That You will not copy or reproduce, alter, modify or change,
broadcast, distribute, transmit or disseminate any banners or other promotional
or advertising materials provided to You by us pursuant to this Agreement and
the Program in whole or in part, in any manner, at any time anywhere in the
world except as authorized by us in writing;
2.4 That you will ONLY use promotional pictures and images provided by
us to promote websites that are included in the Program
2.5 That You will not include, or link to, any of the following within a
website that contains our banners or links (or, directly or indirectly, link
any of the following content or material to any HustlerCash website through any
hyperlinks maintained or created on your Web site):
(i)
material depicting bestiality, rape or torture;
(ii) Any material which is displayed or transmitted in a way as to constitute
harmful matter or indecent communications to minors;
(iii) Any material in which persons under the age of eighteen are depicted in
actual, simulated or suggestive sexual situations;
(iv) Any material not fully in compliance with 18 U.S.C. Sec. 2257 et seq. and
the regulations promulgated thereunder;
(v) Any material which constitutes child pornography or matter which involves
depictions of nudity or sexuality by an age inappropriate-looking performer
(i.e. someone who looks younger than 18 years of age), or by a performer who is
portrayed or made to appear to be a person under the age of 18 years of age by
virtue of the script, make-up, demeanor, costuming, setting, etc. Prohibited
material mentioned herein includes the use of the term 'lolita' for any purpose
in any fashion including, but not limited to, within meta-based tags;
(vi) Any material which is threatening, abusive, hateful, defamatory, libelous,
slanderous, scandalous or injurious to the reputation of any person or entity;
(vii) Any material which constitutes an infringement, misappropriation or
violation of any person's intellectual property rights such as copyrights,
trademark rights, rights of publicity, patent rights, personal property rights,
privacy rights or other rights; or
(viii) Any program, file, data stream or other material which contains viruses,
worms, "Trojan horses" or any other destructive feature, regardless
whether damage is intended or unintended, which may cause damage to any
computer equipment, loss or corruption of data or programs or inconvenience to
any person.
2.6 That all materials of
every kind, including photographic, videographic, audio and textual materials
used in direct or indirect association with materials provided through the
Program shall only be transmitted, distributed, broadcast and otherwise
disseminated by You to willing adults and shall at all times comply with
contemporary community standards in the communities into which they are so
disseminated.
2.7 That You shall remain a Program participant until You terminate
participation in the Program by notifying us by e-mail at "support@hustlercash.com"
of Your intent to terminate Your participation. Alternatively, your
participation in the Program may be terminated by us for any reason and the
Program may be terminated for any reason.
2.8 That You will remain a Program Participant in good standing at all
times You are receiving benefits or are otherwise participating in the Program.
2.9 That You shall cease to be a Participant in good standing and shall
be subject to immediate termination of all Benefits without prior notice if You
fail to perform under or breach any part of this Agreement.
2.10 That if Your participation in the Program is terminated for any
reason, You cease to be a Program Participant in good standing, You change your
Web site's URL or You cease to offer services on the Internet, You shall
immediately and permanently cease all use of all materials provided to You by
us through the Program and that you will remove all files containing materials
provided to You pursuant to the Program from your Web site.
2.11 That You are a person over the age of eighteen (18) years.
2.12 That You are the person who owns or is otherwise is entitled to
contract on behalf of the entity which owns the rights to your Web site.
2.13 That of those residing in the United States, only citizens or
resident aliens of the United States may participate and must supply us with
your Federal Tax ID Number or Social Security Number that is representative of,
and exactly matches the payee name you provide to us. Your failure to supply
that information will constitute a basis for terminating this Agreement and for
forfeiting any commissions or fees to which You would otherwise be entitled
under this Agreement. To comply with IRS reporting requirements, HustlerCash
(via Mansion Productions) uses a credit agency to verify and/or modify Payee
Name information as warranted.
2.14 That upon termination of this Agreement you will immediately cease
using HustlerCash marks and remove any materials supplied to you or referring
to HustlerCash, including without limitation any banner ads, from your Web
site.
2.15 That You agree to act as a "Custodian of the Records" required to
be maintained by 18 U.S.C. 2257 and 28 C.F.R. Part 75 for any and all images
depicting actual sexually explicit conduct of an actual human being that may be
used to promote or market the Program regardless of who has produced such
images.
2.16 That You shall properly (and continuously) post the statements in
the manner (and the locations) required by Title 18 USC Section 2257(and the
regulations promulgated thereunder) (the "Section 2257 Requirements")
on your Web sites or other Internet areas You employ for the promotion or
marketing of our Program.
2.17 That any information in the nature of the legal names, dates of
birth, addresses, and other personal information of actors and models, together
with any and all information that is derived therefrom, which You may receive
from us for purposes of the Section 2257 Requirements, if any, shall be treated
by You as "Confidential Information;" that all of this Confidential
Information is the sole and exclusive property of us and that You shall use the
Confidential Information solely for the purpose of compliance with 18 USC
Section 2257 and the regulations promulgated thereunder and for no other
purpose whatsoever.
2.18 That You shall protect any such Confidential Information by using
the same degree of care, but no less than a reasonable degree of care, to
prevent the unauthorized use or dissemination of publication of the
Confidential Information as You would use to protect your own information of a
like nature, including compliance with any law governing the safekeeping or
protection of such Confidential Information. Without limiting the generality of
the foregoing, You shall not: (i) copy, reproduce, distribute or disclose to
any person, firm or corporation any of the Confidential Information disclosed
to You by us in any matter whatsoever; (ii) permit any third party to have
access to such Confidential Information; or (iii) use such Confidential
Information for any purpose other than in accordance with the 2257
Requirements.
2.19 That You shall hold harmless and indemnify HustlerCash against any
claim for damages, attorneyÕs fees, costs, fines, financial penalties, and
assessments resulting from Your failure to use a reasonable degree of care to
prevent the unauthorized use or dissemination of the Confidential Information
or resulting from Your failure to comply with any law governing the safekeeping
or protection of such Confidential Information.
2.20 That You will keep such Confidential Information only so long as
you are required to do so by 18 U.S.C. 2257 and the regulations promulgated
thereunder, and that such Confidential Information will thereafter by promptly destroyed
in a manner that will not permit its dissemination to any other person, firm,
or corporation.
2.21 That all Your warranties, indemnities and obligations, which by
their nature are designed to survive termination, shall extend beyond the
termination of this Agreement.
3. Limitations Of Your Participation In The Program. You acknowledge and
agree that the Program, Your participation in the Program and Program benefits
are subject to the following limitations:
3.1 Only persons over the age of eighteen (18) years may participate in
the Program.
3.2 The Program shall at all times have the right, in its sole and
exclusive discretion, to terminate the Program and any and all Program benefits
relating to your Participation in the Program at any time and may do so with or
without prior notice or cause.
3.3 The Program, in its sole and exclusive discretion, shall have the
right at any time to change or modify the Program, including without
limitation, the right to pay Participants in the Program based on "click
throughs" rather than a flat commission or fee for a referral, as defined
in paragraph 4.1. If at any time HustlerCash changes the Program, you shall
have the right to withdraw and terminate your participation in the Program.
3.4 The Program has the right to terminate your and any other person's
participation in the Program at any time and may do so with or without prior
notice or cause.
3.5 Program Benefits are not transferable by You and may only be used by
You in association with your Web site while You are participating in the
Program and are a Participant in good standing.
3.6 All Program Benefits materials, including, without limitation, all
advertising banners, photographic materials, recordings, video, sound, and any
other form of intellectual property provided to You as part of this Program
shall remain the property of HustlerCash and may not be copied or reproduced,
altered, modified or changed, broadcast, distributed, transmitted or
disseminated, sold or offered for sale in any manner, at any time anywhere in
the world except as expressly authorized in writing.
3.7 HustlerCash is our service mark or trademark. All rights therein are
reserved to us. Nothing herein shall be construed as a grant or assignment to
you of any rights in any of our intellectual property, including, without
limitation, any of our trademarks or service marks.
3.8 TRADEMARKS, COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
a) By entering this Agreement, You acknowledge that any and
all trademarks, service marks, brands, logos, trade names, copyrights and other
intellectual property rights owned from time to time by Us or any associated
entity, used or embodied in or in connection with the Program shall be and
remain at all times our sole property.
Hereinafter, any and all trademarks, service marks, brands, logos and
trade names owned or utilized by HustlerCash and/or any associated entity shall
be referred to as the "HUSTLER Marks."
The HUSTLER Marks include but are not limited to "HUSTLER",
"HUSTLER XXX", "LARRY FLYNT",
"FLYNT", "BARELY LEGAL", "ASIAN FEVER", "BUSTY BEAUTIES", "HOMETOWN
GIRLS", "HUSTLERCASH", "HUSTLER HOLLYWOOD" and "HUSTLER HONEY". You shall not during or at any time
after the expiration or termination of this Agreement in any way question or
dispute the ownership by us of any such rights.
This also means that You shall not undertake or engage in the following
practices, and any violation of this paragraph shall be deemed a material
breach of this Agreement: (i) use or otherwise incorporate any of the HUSTLER
Marks and any variations, misspellings or portions of any of the foregoing, in
the domain name(s) of any of your websites, or in meta tags, hidden text or
source codes (in case of doubt or similarity of a domain name to any of our brands,
marks or logos, you agree to obtain written consent from us prior to
registration or use of the domain name); (ii) modify or alter the HustlerCash
Site, promotional materials or promotional clips in any way; (iii) make any
representations, either express or implied, or create an appearance that a
visitor to your website is visiting a
website owned or operated by HustlerCash or any of its associated
entities ; e.g., "framing" the HustlerCash Site; (iv) using any of
the HUSTLER Marks as a domain name and/or incorporating any of the HUSTLER
Marks into a domain name, unless expressly and explicitly authorized in writing
by us; (v) bid on and/or acquire rights to the HUSTLER Marks and any
variations, misspellings or portions of any of the foregoing through an
Internet Search Auction or otherwise, unless expressly and explicitly
authorized in writing by us; (vi) use any mark, brand, logo, name or domain
name of any type which is confusingly similar to the HUSTLER Marks (other than
in accordance with the terms of this Agreement); (vii) imply that You represent
us, such as being an "official site"; (viii) use promotional
materials other than as authorized and intended herein to promote HustlerCash websites;
or, (ix) engage in any marketing by way of pay-per-click, sponsored links,
search engines' keywords, adwords or similar promotion which utilizes any of the
HUSTLER Marks and any variations, misspellings or portions of any of the
foregoing. In the event You breach the provisions of this paragraph 3.8, in
addition to other remedies available to us at law, we shall have the right to
become registered as the registrant of all domain names registered or utilized
by You which utilizes any of the HUSTLER Marks and any variations, misspellings
or portions of any of the foregoing and You shall assist us and/or shall assign
to us all the said domain names irrespective of whether they are top level
generic domain name, top country level domains or otherwise.
b)
In the event that new trademarks, service marks, logos, trade names or
copyrighted materials are adopted or created during the currency of this
Agreement, You hereby expressly acknowledge that the same shall be and at all
times remain our property.
4.
Program Benefits.
For each person who becomes a subscriber to a website owned, controlled or
operated by HustlerCash, and who has been tracked and verified as a
"referral" to a HustlerCash website from your Web site, you will
receive a "referral fee" as follows: Click here to review Payouts.
4.1 A "referral" from your Website which entitles You to a
"referral fee" shall be defined as follows:
(i)
A person who has been directed to an authorized website owned, controlled or
operated through the use of a hypertext transfer link residing on your Web site
which is in the form of a banner ad or other promotional link which
automatically connects any person who clicks on said banner ad or other
promotional link to a HustlerCash website, and which banner ad or other
promotional link has been supplied to You as part of the Program; or
(ii) A person who after having been directed to an authorized HustlerCash
website through the use of the hyperlink banner ad or other promotional link
supplied to You residing on your Web site has been converted into a subscriber.
A person shall not be deemed a "referral" entitling you to a
commission or "referral fee" if that person leaves the HustlerCash
web site after having been directed there through the hyperlink banner ad or
other promotional link (which has been supplied to you ) on your Website,
without becoming a HustlerCash subscriber, even if at some later time that same
person returns to the HustlerCash web site, not through the banner ad or other
promotional link (which has been supplied to you ) on your Web site, and at
that later time becomes a subscriber to the HustlerCash web site.
4.2 You acknowledge and agree
that You shall not be entitled to a commission or referral fee for any HustlerCash
subscriber who you sent or referred to a HustlerCash web site in violation of
the terms of this Agreement, or for any HustlerCash subscriber who does not
fall within the terms of paragraphs 4.1 (i) or (ii) or who is excluded under
the terms of paragraph 4.1.
4.3 You also acknowledge and agree that You shall not be entitled to a
commission or referral fee from HustlerCash for any subscription which
HustlerCash determines is the result of possible fraudulent activity. You
further acknowledge and agree that HustlerCash shall have the right, in its
sole and exclusive discretion, at any time to expand or modify what it
determines to constitute possible fraudulent activity. Without limiting the
foregoing, possible fraudulent activity shall include without limitation, the
following circumstances or activities:
(i)
Where the subscriber has used or attempts to use a credit card number which is
in a negative data base;
(ii) Where there are multiple subscriptions from a single IP address within a
short period of time;
(iii) Where there are sequential or multiple subscriptions under different
names, or variations of the same name using the same credit card number, or
sequential names or patterns of names using different credit card numbers;
(iv) Where there is a pattern of "bursting subscriptions"
characterized by numerous subscriptions from a website in a relatively short
time span (the "bursting period"), where there has been history of
few subscriptions from that website before or after the bursting period.
(v) Where there has been an attempt to put through a credit card with a bin
number that is listed in a negative bin number database; or
(vi) Where there have been sequential or multiple attempts to register or
subscribe from a credit card using the same bin number and sequential or
multiple number strings to complete the credit card number.
4.4 You acknowledge and
agree that HustlerCash shall have the right to deny or withhold payment from
You and to terminate You from the Program if there has been an abnormal number
of chargebacks or cancellations of memberships or subscriptions which have been
referred to HustlerCash through Your Web site. You further acknowledge and
agree that HustlerCash shall have the right, in its sole and exclusive
judgment, to determine what constitutes an abnormal number of chargebacks or
cancellations of memberships or subscriptions.
4.5 All commissions and referral fees due and payable hereunder shall be
payable in United States Dollars and shall survive termination of this
Agreement.
4.6 HustlerCash reserves the right, in its sole and exclusive
discretion, at any time to alter or modify the Program including the method and
terms of all payment benefits to participants. Upon notice of any change in
benefits under the Program, You shall have the right to withdraw or terminate
your participation in the Program.
5. No Joint Or Collaborative Venture; No Monitoring Or Control Of Your
Content By Us. Nothing in this Agreement is intended by us or You to create
or constitute a joint or collaborative venture or partnership of any kind
between You and us, nor shall anything in this Agreement be construed as
constituting or creating any agency, employment relationship, joint or
collaborative venture or partnership between You and HustlerCash, its
employees, agents or assigns.
5.1 You acknowledge and agree that we shall have no control nor
ownership interests of any kind in your business or your Web site.
5.2 You acknowledge and agree that You shall have no financial or other
interest in HustlerCash or any property owned by HustlerCash, its affiliates,
agents, successors or assigns.
5.3 You acknowledge and agree that your relationship with Us shall be
restricted to matters pertaining to the Program exclusively and shall be
governed entirely by the terms and conditions of this Agreement.
5.4 You acknowledge and agree that We have no direct or indirect control
over the content of performances or services, the manner of performances or
services, or the time or duration of provision of performances or services by
You on, at or in association with your Website, except as specifically set
forth in this Agreement.
5.5 You further acknowledge that neither HustlerCash nor any employee,
associate, agent, assign or successor of HustlerCash shall exert or provide any
direct or indirect control over, monitoring of, supervision of, prior approval
of, or review of the content appearing or otherwise distributed on, at or in
association with your Website, and that You shall be solely responsible for any
legal liabilities or consequences resulting from the dissemination of that
content on or through your Web site.
6. No Guarantees Or Warranties Of Any Kind. You acknowledge and agree that
HustlerCash makes no guaranties or warranties of any kind with respect to the
Program or materials provided by, through or in association with the Program,
and all materials are provided to you "as is", and that use of the
Program and associated materials, including, without limitation is solely at
your risk. HustlerCash disclaims all warranties, either express or implied
including, but not limited to, express or implied warranties of merchantability
and fitness for a particular purpose, with regard to the Program and any and
all materials of every kind supplied to You as part of this Program.
7. HustlerCash Limited Liability and Liquidated Damages.
You acknowledge and agree that under no circumstances shall HustlerCash, its
employees, independent contractors, authors, agents, representatives, assigns
and successors be liable to You, or any other person or entity, for any direct
or indirect losses, injuries or incidental or consequential damages of any kind
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to
any HustlerCash website, or arising from or in connection with the use of the
HustlerCash Program materials, or due to any mistakes, omissions, delays,
errors, interruptions in the transmission, or receipt of HustlerCash 's
services, content or Program materials, including without limitation any losses
due to server problems or due to incorrect placement of HTML.
7.1 Notwithstanding the foregoing express limitations of liability, you
acknowledge and agree that should HustlerCash, its officers, employees,
successors, or assigns be held liable to You for damages, injuries or losses of
any kind, directly or indirectly resulting from Your participation in the
Program, that the total dollar amount of liquidated damages for any and all of
your claims, injuries, damages or losses shall not exceed a total of ten
dollars ($10.00).
8. No Representations Of Success Or Profitability. You hereby confirm
and acknowledge that You have unilaterally decided to enter into an Internet
service business and acknowledge that it is a high risk business. You further
confirm, acknowledge and expressly agree that neither HustlerCash, any agent or
representative of HustlerCash, nor any other person has at any time in the
past, represented to You or has otherwise directly or indirectly communicated
in any manner to You any guarantee, reassurance or any other communication of
any kind regarding:
(a)
the potential profitability or likelihood of success of your participation in
the Program as set forth in this Agreement or otherwise;
(b) the possibility or likelihood that use of any products and/or services
provided pursuant to this Agreement can or will result in the recoupment of any
funds expended by You for the promotion of your Web site or any other purpose;
or
(c) the existence, nonexistence, size or any other characteristics of any
market for any products or services which involve your participation in the
Program pursuant to this Agreement.
8.1 You expressly
acknowledge and agree that the success of any business endeavors which involve
your participation in the Program pursuant to this Agreement, like any other
business endeavor, is subject to numerous factors, such as the effectiveness of
advertising and promotion, your administrative capabilities, etc., and that the
ultimate success or failure of your business rests with You and not HustlerCash.
You further expressly agree not to raise any claim of any kind against
HustlerCash and You agree to hold HustlerCash harmless from any claim of loss
to You directly or indirectly resulting from your decision to participate in
the Program pursuant to this Agreement.
9. No Monitoring Or Supervision Provided By Us. We shall not monitor,
supervise or review, and shall not be responsible for any content appearing or
otherwise distributed on, at or in association with your Web site except for
that content which is supplied to You by us, provided that said content
supplied to You by us has not been altered or modified by You or any other
party.
10. Term And Termination Of Agreement. You acknowledge and agree that
the term of this Agreement is at will, and this Agreement and/or the HustlerCash
Program may be terminated by HustlerCash, in its sole and exclusive discretion,
at any time, without any advance notice and for whatever reason.
10.1 In the event that this Agreement or the HustlerCash Program is
terminated by HustlerCash, You shall be entitled to all unpaid commissions or
referral fees earned by You prior to the date and hour of termination. However,
You shall not be entitled to receive any commissions or referral fees for any
"referrals" delivered or received after the date and time of
termination.
11. Entire Agreement; Modification; Assignment. This Agreement
constitutes the entire agreement between You and HustlerCash with respect to
the subject matter hereof, and supersedes and cancels all other prior
agreements, discussion, or representations, whether written or oral.
11.1 You agree that HustlerCash may from time to time, in its sole and
exclusive discretion, modify the type and quality of benefits provided to You
hereunder either with or without notice. Other terms and conditions may be
modified by us at any time upon e-mail notice to You or by posting at a HustlerCash
information web address location.
11.2 You agree that no modification of this Agreement by You, your
employees, representatives, agents, assigns or successors shall be enforceable
or have any effect unless first reduced to writing and signed by a duly authorized
representative of HustlerCash.
11.3 You agree that no officer, employee or representative of You or HustlerCash
has any authority to make any representation or promise in connection with this
Agreement or the subject matter thereof which is not contained expressly in
this Agreement; and You acknowledge and agree that You have not executed this
Agreement in reliance upon any such representation or promise.
11.4 You acknowledge and agree that the failure of HustlerCash to
enforce any of the specific provisions of this Agreement shall not preclude any
other or further enforcement of such provision(s) or the exercise of any other
right hereunder.
11.5 You agree that all promises, obligations, duties and warranties
made by You in this Agreement are personal to You and that neither they nor any
benefits hereunder may be assigned by You to any other person or entity.
11.6 You agree that HustlerCash may at any time, and without prior
notice to you, freely assign all or part of its duties, obligations and
benefits hereunder.
12. Arbitration. Any dispute or claim arising under or with respect to
this Agreement which is incapable of resolution will be resolved by arbitration
before one (1) arbitrator in Los Angeles, California in accordance with the
Rules for Commercial Arbitration of the American Arbitration Association
["AAA"]. The appointing agency shall be the AAA and the arbitrator
shall apply California law to both interpret this Agreement and fashion an
award.
The decision or award of the arbitrator shall be final and binding upon the
parties. Any arbitral award may be entered as a judgment or order in any court
of competent jurisdiction.
NOTICE: YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS
INVOLVING THIS AGREEMENT TO BE DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MAY POSSESS TO HAVE THE
DISPUTE LITIGATED IN A COURT OR JURY TRIAL. IN SO AGREEING YOU ARE ALSO GIVING
UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. NEVERTHELESS
YOUR AGREEMENT TO THIS ARBITRATION IS VOLUNTARY.
13. All Provisions Of This Agreement Not Deemed Unenforceable Shall Survive.
In case any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision(s) had never been included. The invalidity or
unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision.
14. Review By Your Attorney. We strongly advise that You review this
Agreement with your attorney before You enter into it. You acknowledge and
agree that nothing herein and no statement by us or any employee,
representative, agent or other person associated with us has in any way
prevented or inhibited You in any way from seeking such advice prior to
entering into this Agreement. You hereby acknowledge and agree that the terms of
this Agreement are reasonable and fair; all terms have been fully disclosed in
writing, and that You have been given a reasonable chance to seek advice of
independent counsel with respect to this Agreement and all transactions
associated herewith.
15. Acceptance And Execution Of This Agreement. By clicking on the
"SUBMIT FORM" button on the HustlerCash Sign-Up Page, and by
supplying HustlerCash with all the required information to sign You up to the
HustlerCash Program, You are acknowledging that You agree to all of the terms,
conditions, promises, warranties, duties and obligations set forth in the above
Agreement. |
