TERMS OF SERVICE

The following terms of service (these “Terms”) govern your access to and use of the Truss website having a URL at www.asktruss.com & beta.asktruss.com including without limitation any content, functionality and services offered on or through the website and it’s subdomains (the “Truss Site” or “Site”), and constitute a legally binding agreement between you and Endeavor X, LLC (the owner of the Site). Endeavor X, LLC is referred to herein as “Truss”, “we” or “us” and “you” or “user” means you as a user of the Site.

The use of all data you submit to the Site or which we collect about you is governed by our Privacy Policy found here. You acknowledge that by using the Site you have reviewed the Privacy Policy.

The Truss Site is a two-sided platform that enables connections between users (individuals or businesses) who are a part of an audience (“Creators”) seeking to obtain short-term services or advice (“Services”) from users (individuals or businesses) with expertise in their specified industry or category (“Service Providers”).

By visiting and using the Site, you agree to these Terms, the Privacy Policy, and our Cookie Policy, both of which are incorporated herein by reference, as well as any and all subsequent modifications or revisions thereto. If you do not agree to be bound by these Terms, the Privacy Policy or Cookie Policy, you may not use or access the Site.

FOR BOTH SERVICE PROVIDERS AND CREATORS

Authenticity of Identity (Registration): Only users who have signed-up may buy a Service and provide Services on the Truss Site. To sign-up you must be 18 years of age or older, and by registering you represent and warrant that you are at least 18 years old. You may not create a false identity, misrepresent your identity, create a listing or profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; You hereby verify that profile information, including without limitation your description, skills, photo, etc., as applicable, are accurate and complete, and not misleading, illegal, offensive or otherwise harmful. You are responsible for maintaining the confidentiality of any log-in, password and account number provided by you or given to you by Truss for accessing the Site. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Additionally, Truss has the right to restrict anyone from completing registration if such user may threaten the safety and integrity of the Site, or if such restriction is necessary to address any other reasonable business concern.

Services: You may not offer or ask for services around: legal, investments, financial, health, or related advice or services that may require a license The Truss Site enables connections between Creators and Service Providers for the fulfillment of Services. Truss is not responsible for the performance or communications of users, nor do we have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Service Providers or Creators. Without limiting the foregoing, Truss is not responsible for the content delivered or quality or the level of Service provided by the Service Providers. Nor are we liable with respect to the deliverables or any communications between Service Provider and Creator (including consultation, offered services, or advice given). You may have the ability to communicate, interact or otherwise connect with other users through the Site. It’s your responsibility to take precautions when sharing any information about yourself with another user or anyone else, and you release Truss from any liability that may arise out of your interactions with another user through the Site. Service Providers set their own price, availability, expertise, and deliverables

Payment Terms: Creators and not Truss is responsible for payment for all Services through the Site. Truss is not obligated to compensate Service Provider for Creators’ failure to pay for the Services. All payments for Services must be made via a third-party payment service provider specified or approved by Truss to make or receive payments for Services provided through the Site and users cannot offer or use any other payment method except what is offered on the Truss Site. Creators pay for Services on Truss in advance, at the time the order will be provided to the Service Provider for completion or cancellation Payment will not be released to the Service Provider until Services have been “completed” Completion of Services Services are deemed “completed” when the Service has been received and the completed deliverable has been delivered to the Creator. Completed Services must be delivered through the Site within 48 hours of receiving a request If the Creator has not requested modification of the deliverable within 2 days after the delivery thereof, the deliverable will automatically be deemed accepted. Every deliverable is custom to the user and Services; Creator Collective neither determines what constitutes a deliverable, nor is it responsible for the content delivered. We encourage our Service Providers and Creators to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Creator Collective’s Customer Support (info@asktruss.com) determining the final resolution of payment conflict in its sole judgment and dispersing fees and refunds (as it deems appropriate) in accordance with such final resolution Once an order is accepted by the Service Provider, the Service Provider is required to fulfill such order and may not cancel the requests without cause Platform fees are added at the time of purchase where Creators can review and accept the total amount requested to pay; platform service fees are non-refundable.

Refunds: Payment may be withheld from the Service Provider and funds refunded to the Creator’s credit card (less the platform fee) if: The Service request is canceled in advance of the time expiration by either Creator or Service Provider (for any reason) Following confirmation of the Service by Service Provider, Service Provider did not render the Service to the Creator at the agreed upon date and time booked Service Provider failed to provide the agreed upon follow-up deliverable following the Service requested For clarity, following confirmation of the acceptance by Service Provider, if the Creator wishes to cancel the session, Creator must do so at least 24 hours in advance of the Service request date and time. If Creator does not cancel the booking within such time period and Creator fails to provide any agreed upon requirements, payment will be released to the Service Provider and not refunded to the Creator.

User Conduct: Truss reserves the right to remove or disable accounts due to a breach of these Terms or due to any illegal or inappropriate use of the Site or Services. Users with disabled accounts will not be able to provide Services or buy Services on Truss or any of its owned domains. You will act professionally and responsibly in your interactions with other users. You will fulfill the commitments you make to other users, communicate clearly and promptly through the Site In-Box and only through the Site, be available at the time you agree upon with your Creator or Service Provider, as applicable, and only utilize the third-party payment service provider specified or approved by Truss to make or receive payment for Services provided through the Site. As a user of the Site, you are required to follow our community guidelines and failure to follow our guidelines may result in the suspension/removal of your account. We may modify or add to these rules at our discretion. Without limitation, you may not: Use rude, abusive, improper language, or violent messages Discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise. Spam or solicit previous Service Providers or Creators to pursue removing/modifying reviews. Request or provide Adult Services or Pornography  Phish or Spam  Create a false profile or misrepresent your identity Use the Site for any unauthorized or illegal purpose, including but not limited to posting or performing a Service in violation of local, state, or federal law Imply or state that any statements you make (whether on or off the Site) are endorsed by Truss, without the prior written consent of Truss Hack or interfere with the Site, its servers or any connected networks, or interfere with any other party’s use and enjoyment of the Site

Deliverables Ownership: When a deliverable is delivered, and subject to full payment, the Creator is granted all intellectual property rights, including but not limited to, copyright in such deliverable (in the form in which it is delivered from the Service Provider), and the Service Provider waives any and all moral rights therein. Accordingly, the Service Provider expressly assigns to the Creator the copyright in the delivered work. Notwithstanding the foregoing, Service Provider does not convey any right, title or interest in or to any materials, procedures, concepts, ideas, know-how, methodologies or intellectual property that have been developed by Service Provider in the regular course of Service Provider’s business (collectively “Service Provider IP”); Service Provider hereby grants Creator a license to use any Service Provider IP contained with the deliverable in connection with the final deliverable.

FOR SERVICE PROVIDERS:

Authenticity & Accuracy: To provide Services on Truss, Service Providers must first register with the Site and create a listing that includes a photo, information about who they are, their expertise and experience, and what Services they can offer. All information must be accurate and complete Any images and information (photos, websites, portfolios, etc.) uploaded to Truss must be owned by you or licensed to you to use for this purpose. You hereby represent and warrant that the upload and use of such materials in connection with Truss Site does not (a) infringe upon or violate any rights of any third party, including without limitation any intellectual property, proprietary, privacy, data protection or publicity rights; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or any third party’s policies and/or terms of service.

Onboarding & Services: Once Truss administrators receive your profile, it will be subject to review and approval, which shall be in Truss’s sole discretion. Once approved, your listing will be live within the platform. To be considered you must have at a minimum: Prior experience with the marketed expertise and/or working with individuals on their personal or professional endeavors

A Stripe account Should Stripe for any reason terminate or suspend Service Provider’s account, Service Provider will be unable to participate on the Site until such time as Stripe reinstates the account in full. Service Provider is solely responsible for any fees, costs, assessments, or penalties imposed by Stripe on Service Provider’s account. Service Provider acknowledges that Stripe is solely responsible for preparing and providing Service Provider with any tax documentation in connection with Service Provider’s receipt of such fees. Services elements will be determined by the Service Provider and will include at a minimum an answer to a Creator’s question all the way up to a consultation “session” and a custom deliverable. You will set the type of deliverables you offer, which may vary. We recommend messaging the Creator in advance of any scheduled deliverable if expectations are not clear on both sides as soon as possible. By offering a Service, Service Provider undertakes that he/she has sufficient permissions, rights and/or other requirements necessary to provide, sell or resell the Service that Service Provider offers on the Truss Site Service Providers must fulfill their Service orders once accepted and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Service Providers status within the platform and may result in your removal. You will be honest and authentic in your description and provision of your Services. You may not: Overstate what you can accomplish (such as, without limitation, guaranteeing “x” amount of followers gained), Provide illegal services Provide advice that requires a license (e.g., legal, health, financial, etc.) Service Providers are responsible for obtaining insurance with coverage amounts that are sufficient to cover risks associated with performing their Services through the Site. You will only offer and provide Services for which you have the necessary skills and expertise, and you will provide those Services in accordance with all applicable laws.

Confidentiality: Service Provider understands that there might be a need for Creators to disclose certain confidential information to be used by Service Providers for the purpose of delivering the Services, and Services Providers will protect such confidential information from unauthorized use and disclosure. Without limiting the generality of the foregoing, Service Providers agree to treat any information received from Creators as highly sensitive and confidential and, to that end, Services Providers will (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties without the written approval of the Creator; (iii) not use the information for any purpose except for delivering the Services and ordered deliverable; and (vi) not to copy or reproduce any of the information without the Creator’s written permission.

Reviews: Feedback reviews & ratings provided by Creators and Service Providers are essential to Truss’s product offerings. Reviews demonstrate the Service Provider’s overall experience with the Creator. Service Providers are encouraged to communicate to the Creators any concerns experienced during their active transaction. Any reviews you choose to leave should reflect your honest experience with the Creator and must comply with these Terms, including our user conduct guidelines. Reviews & ratings will be prompted through transactional messaging following specific services offered; however it is recommended that the Service Provider and Creator wait until any final deliverable is delivered and the transaction is complete. We are not obligated to investigate any reviews for accuracy or reliability or to consider any statements submitted by users about reviews, but we may do so at our discretion. Feedback reviews will not be removed unless there are violations of these Terms (as we determine in our sole discretion) All feedback reviews must come from legitimate transactions executed exclusively through the Truss Site Feedback comments given by Service Provider are publicly displayed on Truss profiles where deemed fit. We may at any time set additional requirements or limitations for leaving reviews, such as time-based restrictions or other requirements. We may ban a user from leaving future reviews A separate post-service survey will be sent to Service Providers to gain further insights on the Site where necessary.

FOR CREATORS

Services: Creator may only cancel a confirmed Services up to 24 hours in advance of the request date and time for any reason; if Creator cancels a confirmed service request after such time period (or does not cancel at all and fails to attend the session), Creator shall be charged the full amount for the Services. We encourage users to take advantage of the information listed within each Service Provider profile and review system in choosing services. You understand that any such information is intended to be useful information for Creators to evaluate when they make their own decisions about the suitability of Service Providers whom Creators select via the Site, and are not an endorsement, certification or guarantee by Truss of such Service Provider’s skills, suitability, or qualifications. Any reference on the Site to a Service Provider being credentialed in some manner, or an “expert”, “vetted” or similar language designations indicates only that the Service Provider has completed a relevant account registration process or met certain criteria and does not represent anything else. Truss is not responsible for the content, quality or level of service provided by Service Providers.

Reviews: Feedback reviews & ratings provided by Creators and Service Providers are essential to Truss’s platform. Reviews demonstrate the Creator’s overall experience with the Service Provider and their Service. Creators are encouraged to communicate to the Service Provider any concerns experienced during their active transaction in regards to the Service provided by the Service provider. Any reviews you choose to leave should reflect your honest experience with the Service Provider and must comply with these Terms, including our user conduct guidelines. Reviews & ratings will be prompted through transactional messaging following the one-hour consultation; however it is recommended that the Service Provider and Creator wait until the final deliverable is delivered and the transaction is complete We are not obligated to investigate any reviews for accuracy or reliability or to consider any statements submitted by users about reviews, but we may do so at our discretion. Feedback reviews will not be removed unless there are violations of these Terms (as we determine in our sole discretion) All feedback reviews must come from legitimate transactions executed exclusively through the Creator Collective Site Feedback comments given by Creators are publicly displayed on a Service Provider’s listing/profile. We may at any time set additional requirements or limitations for leaving reviews, such as time-based restrictions or other requirements. We may ban a user from leaving future reviews A separate post-service survey will be sent to Creators to gain further insights on the Site

ADDITIONAL SITE TERMS

User Generated Content: User Generated Content (“UGC”) means the information, content and materials added by users, as opposed to content created by the Site. All content uploaded to the Truss Site by users (Creators and Service Providers) is UGC. Truss does not check user uploaded/created information, content or other materials for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it.  By uploading to, or creating UGC on the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such UGC or the use thereof in the Site does not and shall not (a) infringe or violate any rights of any intellectual property, privacy, publicity, or any other rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or any third party’s policies and/or terms of service. Truss reserves the right for no consideration to use any UGC for its promotional, marketing or other purposes worldwide, in any media now known or hereafter created.

Intellectual Property Rights: The content on the Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, data, look and feel, information and other materials (the “Contents”), but excluding UGC (which users hereby grant Truss a license to use as set forth under the User Generated Content section above), is owned by Truss and protected by intellectual property rights under both United States and foreign laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Truss Site without Truss’s express prior written consent and, if applicable, the consent of the holder of the rights to the UGC. Any use of Contents other than as permitted herein is expressly prohibited. All rights not expressly granted herein are reserved to Truss.

Hyperlinks from the Site: The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Truss does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Truss is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate Truss’s approval or endorsement thereof. If you choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

Disclaimer of Warranties; Limitation of Liability: The use of the Truss Site, the Contents and/or any Services or items obtained through the Site is at your own risk. The Site, its Contents and any Services or items obtained through the Site are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied. Truss makes no warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site, the Contents, the Services or any item obtained through the Site. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Subject to applicable law, Truss will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the Site, or use of or reliance on any Contents displayed on the Site or Services or deliverables provided through the Site. Truss will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site, including without limitation to your downloading of any Contents on it, or on any website linked to it. Except as otherwise expressly permitted herein, you agree not to use the Site for any commercial or business purposes, and subject to applicable law Truss has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance, of the Site.

Changes to the Site and the Terms: Truss reserves the right to review, improve, modify or discontinue, temporarily or permanently, all or any portion of the Truss Site at its sole discretion. Truss will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Truss shall not be liable to you for any modification or discontinuance of all or any portion of the Site. Truss may change, modify, add to, supplement, suspend, discontinue or delete any of the terms and conditions of these Terms from time to time. When these changes are made, Truss will make a new copy of the terms of service available on this page. You understand and agree that if you use the Truss Site after the date on which the Terms have changed, Truss will treat your use as acceptance of the updated Terms.

Indemnity: You will be responsible for and will be liable to us and indemnify us against any loss or damage suffered by Truss as a result of your use of the Site, Contents, Services or any item obtained by you through the Site, other than as permitted under these Terms. You agree to indemnify us in full against any third-party liabilities, claims, costs, loss or damage incurred as a result of any breach by you of these Terms.

General: Truss makes no claims that the Contents or any items available through the Site are appropriate or may be downloaded outside of the United States of America. Access to the Site, Contents, Services and deliverables may not be legal by certain persons or in certain countries. If you access the Site, Contents, Services, and/or deliverables from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. All parts of these Terms that by their nature should survive the expiration or termination of these Terms, including without limitation, Disclaimer of Warranties; Limitation of Liability, Intellectual Property Rights and Indemnity, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms or your use of the Site.

Applicable Laws: Subject to the provisions of applicable law, these Terms are governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and Creator Collective hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Borough of Manhattan, New York, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms. Waiver and Severability. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 Notice and Take Down Procedures: If you believe the Contents (or any part thereof) accessible on or from the Site infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Site by contacting Truss (address identified below) and providing the following information: identification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; identification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content; your name, address, telephone number, and (if available) email address. a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law; a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner; a signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner. Our address for intellectual property rights issues relating to the Website is as follows:

Truss / Endeavor X
Attn: Alex Arato
304 Park Avenue South
New York, NY 10010
copyrightagent@img.com

In an effort to protect the rights of intellectual property rights owners, Truss maintains a policy for the termination, in appropriate circumstances, of users of the Site who are repeat infringers.

Viruses: We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under applicable law. Truss will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Complete Agreement: Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Truss on the Site, these Terms, including the Truss Privacy Policy and Cookie Policy, constitute the entire agreement between you and Truss with respect to the use of the Truss Site, Contents, Services and deliverables.

How to Contact Us: To contact us, please email info@asktruss.com

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