Terms of Use
Last updated on February 23rd, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE “ARBITRATION AGREEMENT” SECTION BELOW. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Please read on to learn the rules and restrictions that govern your use of our digital footprint monitoring and clean up website(s), products and services (the “Services”). If you have any questions, comments, or concerns regarding these terms or the services, please contact us at: hello@gohush.com, Phone: +1 866 806 0932, Address: 1555 Broadway Street, Detroit, MI 48226, USA.
These Terms of Use (the “Terms”) are a binding contract between you and PRIVACYCHECK, INC. dba Hush (“Hush”, “we”, and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you.
Arbitration Notice and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Except for certain kinds of disputes described in the Arbitration Agreement section below, you agree that disputes between you and Hush will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Will These Terms Ever Change?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at gohush.com, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and a representative of Hush.
What About My Privacy?
Hush takes the privacy of its users very seriously. For the current Hush Privacy Policy, please visit our Privacy Policy page. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at hello@gohush.com.
What Are the Basics of Using Hush? (COPPA Notice)
You may be required to sign up for an account, select a password and user name (“Hush User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Hush User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and Apple. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Hush User ID, account or password with anyone, and you must protect the security of your Hush User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your account.
COPPA Notice. Our Services are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you are under 13, please do not use our Services or provide any personal information to us. If we learn that we have collected personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at help@gohush.com.
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age.
Power of Attorney
In order to provide the Services to you, you grant to Hush a limited power of attorney solely for the purpose of acting as your agent to: (i) submit opt-out requests on your behalf to data brokers and other third parties that sell personal data; (ii) request deletion of your personal information from such third parties; and (iii) take such other actions as are necessary to fulfill the Services as described herein and in the Remediation Agreement. This limited power of attorney is coupled with an interest and is irrevocable during the term of your use of the Services. You represent and warrant that you have full authority to grant this power of attorney and that no other person’s consent is required.
When you enroll in our Services, you grant Hush a limited power of attorney (“LPOA”) to act as your agent for the purpose of managing your digital privacy. This LPOA authorizes Hush to: (i) monitor public databases, data brokers, and other online sources for your personal information; (ii) submit opt-out and removal requests on your behalf to data brokers and other third parties; (iii) sign your name to opt-out forms, removal requests, and similar documents; (iv) communicate with data brokers and other third parties on your behalf regarding the removal of your personal information; and (v) take such other actions as are reasonably necessary to carry out the foregoing. This LPOA shall remain in effect until you cancel your account with Hush. This LPOA does not authorize Hush to act on your behalf with respect to any financial, banking, healthcare, or other sensitive matters not related to digital privacy management.
Authorized Manager
You may designate another person (“Authorized Manager”) to manage your Hush account on your behalf. By designating an Authorized Manager, you authorize that person to access your account, make changes to your privacy settings, and take other actions within the scope of the Services on your behalf.
The Authorized Manager’s authority is limited to actions within the Hush platform and does not extend to financial transactions, legal proceedings, or other matters outside the scope of the Services.
You may designate an Authorized Manager through your account settings or by contacting our support team. We may require verification of both your identity and the Authorized Manager’s identity before granting access.
You may revoke an Authorized Manager’s access at any time through your account settings or by contacting our support team.
Reporting Obligations
As part of the Services, Hush will provide you with reports and updates regarding the status of your digital footprint remediation. You acknowledge that the completeness and accuracy of such reports depends in part on the information you provide to us and the cooperation of third-party data brokers. Hush makes no guarantee that all personal information will be located or removed, as the availability and responsiveness of third-party data brokers may vary. You agree to promptly notify Hush of any inaccuracies in the information you have provided and any material changes in your personal circumstances that may affect the Services.
We reserve the right, but do not have the obligation, to report to law enforcement authorities any actions or omissions that we reasonably believe to be unlawful. As part of our Services, we may alert you to information found online that relates to the health, welfare, or safety of individuals in your household. You acknowledge and agree that Hush may, in its sole discretion, report information relating to health, welfare, or safety concerns to appropriate law enforcement or government authorities.
What About Messaging?
As part of the Services, you may receive communications from us, including email, text messages, alerts, and other electronic communications. By creating an account, you consent to receive these communications. Standard messaging rates from your carrier may apply. You may opt out of promotional messages at any time, but you acknowledge that opting out of certain transactional or service-related messages may affect your ability to use the Services. Hush will handle your contact information in accordance with its Privacy Policy.
By creating an account, you consent to receive email notifications from us, including a welcome email when you register and periodic notifications about your privacy status. If we detect content online that may be harmful to you or members of your household, we may contact you by telephone to alert you to such content and discuss remediation options.
Are There Restrictions in How I Can Use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any content, data, or information, to the Services, or otherwise use or interact with the Services, in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Hush);
- Violates any law or regulation, including any applicable export control laws and regulations;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Hush account or anyone else's (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or 'spam' on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
- Copies or stores any significant portion of the content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
In addition to other prohibitions set forth in these Terms of Use, you are prohibited from using the site or its content: (a) to impersonate or attempt to impersonate Hush, a Hush employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (b) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Hush or users of the Services or expose them to liability; (c) to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (d) to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (e) to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; or (f) to make any misrepresentations regarding your identity or affiliation with Hush.
What Are My Rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates someone else’s (including Hush’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any content for any purpose other than using the Services is expressly prohibited without prior written permission from us.
You own your Content, but by submitting it to Hush, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your Content solely for the purpose of providing the Services to you. You represent and warrant that you own or have the necessary rights to submit your Content and that your Content does not violate any third-party rights.
Our Services may contain links to third-party websites. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND WAIVE ALL CLAIMS AGAINST HUSH FROM ANY AND ALL LIABILITY FOR CLAIMS, DAMAGES (ACTUAL AND/OR CONSEQUENTIAL), COSTS AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THIRD-PARTY SERVICES. YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS AND BENEFITS WHICH YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW OF ANY OTHER STATE OR TERRITORY, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Who Is Responsible for What I See and Do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the Services.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Hush. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Hush is not responsible for such risks. Hush has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services.
Will Hush Ever Change the Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.
Do the Services Cost Anything?
Your employer or sponsor organization has agreed to pay the subscription fees for your use of our Services, and as such, our Services are provided to you at no cost. Certain of our Services may be subject to fee payments in the future, and if so, we will provide advance notice of such fees.
The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Pricing page for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. We are not responsible for any errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
What if I Want to Stop Using the Services?
You’re free to do that at any time by contacting us at help@gohush.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Hush is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Hush has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at help@gohush.com, we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What Else Do I Need to Know?
Warranty Disclaimer
Hush and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Hush and all such parties together, the “Hush Parties”) make no representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the Services, and the Hush Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Hush Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY HUSH (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
HUSH’S SERVICES ARE NOT INTENDED FOR, AND HUSH DOES NOT GUARANTEE THE REMOVAL, SUPPRESSION OR THE ALTERATION OF ANY SPECIFIC INTERNET CONTENT. HUSH DOES NOT GUARANTEE ANY SPECIFIC RESULT DUE TO THE COMPLEXITY OF THE INTERNET, THE EVOLVING NATURE OF SEARCH ALGORITHMS AND THE CHANGING CONTENT AND ACTIVITY OF THE INTERNET.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE HUSH PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO HUSH IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold the Hush Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Hush’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Michigan, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Hush and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Hush, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Hush may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000 (not inclusive of attorneys’ fees and interest) shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at www.jamsadr.com; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
Authority of Arbitrator. The arbitrator will have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Hush. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.
Waiver of Jury Trial. YOU AND HUSH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Hush are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified herein above.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of Michigan. All other claims shall be arbitrated.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ rules. If the value of the relief sought is $75,000 or less, at your request, Hush will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Hush should be submitted by mail to JAMS along with your Demand for Arbitration.
Small Claims Court; Infringement. Either you or Hush may assert claims, if they qualify, in small claims court in San Francisco, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
30-Day Right to Opt Out. You have the right to opt out of and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address: Hush, 1555 Broadway Street, Detroit, MI 48226. The notice must be sent within 30 days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Hush also will not be bound by them.
Exclusive Venue. To the extent that the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Detroit, Michigan (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Michigan for any litigation other than small claims court actions.
Severability. If the prohibition on class-wide arbitration is found to be unenforceable, then the entirety of this arbitration section shall be null and void.
Miscellaneous
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Hush may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Hush agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Hush, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Hush, and you do not have any authority of any kind to bind Hush in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Hush agree there are no third-party beneficiaries intended under these Terms.
Remediation Agreement, POA
This Remediation Agreement is entered into between you (“Client”) and PRIVACYCHECK, INC. dba Hush (“Hush”) and is incorporated into and made a part of the Terms of Use. By agreeing to the Terms of Use, you also agree to the terms of this Remediation Agreement.
Scope of Services. Hush agrees to provide digital footprint monitoring and remediation services, which include identifying, requesting removal of, and monitoring personal information about you that appears on data broker websites and other online sources as described in your selected service plan. Hush will act as your limited agent, pursuant to the Power of Attorney described in these Terms, to submit opt-out and deletion requests on your behalf.
Acknowledgments. You acknowledge that: (i) Hush cannot guarantee the removal of all personal information, as third-party data brokers are independent entities not under Hush’s control; (ii) information that has been removed may reappear over time due to new data collection by third parties; (iii) the timeframe for removal varies by data broker and is not within Hush’s control; and (iv) Hush’s Services are intended to assist with lawful removal requests and do not constitute legal advice.
Your Obligations. You agree to: (i) provide accurate and complete information to enable Hush to perform the Services; (ii) promptly update Hush of any material changes to your personal information; (iii) cooperate with Hush as reasonably requested; and (iv) use the Services only for lawful purposes and in accordance with these Terms.
Limitation of Remediation Services. Hush’s Services are limited to submitting opt-out and deletion requests to data brokers and similar third parties. Hush does not provide legal representation, does not guarantee litigation outcomes, and does not undertake to remove information that you or a third party has lawfully published.
This Remediation Agreement, together with the Terms of Use and Privacy Policy, constitutes the entire agreement between you and Hush with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings.
LIMITED PURPOSE POWER OF ATTORNEY
BY AGREEING TO THESE TERMS, YOU (“PRINCIPAL”) HEREBY APPOINT PRIVACYCHECK, INC. DBA HUSH (“AGENT”) AS YOUR ATTORNEY-IN-FACT FOR THE LIMITED PURPOSE OF MANAGING YOUR DIGITAL PRIVACY AS DESCRIBED HEREIN. THIS LIMITED POWER OF ATTORNEY IS EFFECTIVE UPON YOUR ACCEPTANCE OF THESE TERMS AND SHALL REMAIN IN EFFECT UNTIL YOU CANCEL YOUR ACCOUNT WITH HUSH OR THIS AGREEMENT IS OTHERWISE TERMINATED.
PURPOSE. THE PURPOSE OF THIS LIMITED POWER OF ATTORNEY IS TO AUTHORIZE AGENT TO TAKE ACTIONS ON YOUR BEHALF THAT ARE NECESSARY OR APPROPRIATE TO PROVIDE THE SERVICES DESCRIBED IN THESE TERMS, INCLUDING BUT NOT LIMITED TO: (I) SUBMITTING OPT-OUT AND REMOVAL REQUESTS TO DATA BROKERS AND OTHER THIRD PARTIES; (II) SIGNING YOUR NAME TO OPT-OUT FORMS AND REMOVAL REQUESTS; (III) COMMUNICATING WITH DATA BROKERS AND OTHER THIRD PARTIES REGARDING THE REMOVAL OF YOUR PERSONAL INFORMATION; AND (IV) TAKING SUCH OTHER ACTIONS AS ARE REASONABLY NECESSARY TO CARRY OUT THE FOREGOING.
GRANT OF AUTHORITY. SUBJECT TO THE LIMITATIONS SET FORTH HEREIN, PRINCIPAL HEREBY GRANTS AGENT FULL POWER AND AUTHORITY TO ACT ON PRINCIPAL’S BEHALF WITH RESPECT TO THE FOREGOING PURPOSES, WITH THE SAME FORCE AND EFFECT AS IF PRINCIPAL WERE PERSONALLY PRESENT AND ACTING.
LIMITATIONS. THIS LIMITED POWER OF ATTORNEY DOES NOT AUTHORIZE AGENT TO ACT ON PRINCIPAL’S BEHALF WITH RESPECT TO: (I) FINANCIAL TRANSACTIONS OR BANKING MATTERS; (II) HEALTHCARE DECISIONS; (III) REAL ESTATE TRANSACTIONS; (IV) LEGAL PROCEEDINGS; OR (V) ANY OTHER MATTERS OUTSIDE THE SCOPE OF DIGITAL PRIVACY MANAGEMENT.
TERMINATION. THIS LIMITED POWER OF ATTORNEY SHALL TERMINATE UPON: (I) CANCELLATION OF PRINCIPAL’S ACCOUNT WITH HUSH; (II) WRITTEN NOTICE OF REVOCATION BY PRINCIPAL TO HUSH; OR (III) THE DEATH OR INCAPACITY OF PRINCIPAL.
RELIANCE BY THIRD PARTIES. THIRD PARTIES MAY RELY ON THIS LIMITED POWER OF ATTORNEY WITHOUT VERIFICATION OF ITS CONTINUED VALIDITY.
GOVERNING LAW. THIS LIMITED POWER OF ATTORNEY SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN.