Casehero

The marketplace for case solutions.

Imprint & Terms

Web Site Terms and Conditions of Use

Last updated: May 9th, 2020

Welcome to Casehero.com. Please read on to understand the terms and restrictions that govern your use of our website(s) accessible via www.casehero.com, products, services, and applications (the “Services”). If you have any feedback, or concerns regarding our terms, please contact us. Please note that your use of and access to our services (defined below) are subject to the following terms. By agreeing to these terms, you expressly acknowledge that you understand the terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If you do not agree to all of the following, you may not use or access the services in any manner.

General Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

These Terms of Use (the “Terms”) are a binding contract between you and Casehero UG (haftungsbeschränkt) (“Casehero,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using 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 Casehero Privacy Policy, Honor Code, and Copyright Dispute Policy.

For the purposes of these Terms, “User” means anyone who accesses and/or registers for our Services, including without limitation students, or other users. 

Please be advised: these Terms contain provisions that govern how claims that you and Casehero have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against Casehero to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group, or representative action or proceeding.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.casehero.com website, by sending you an email and/or 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 us.

What about my privacy?

Casehero takes the privacy of its users very seriously. For the current Casehero Privacy Policy, please click here.

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. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@casehero.com.

WHAT ARE THE BASICS OF USING CASEHERO.COM (APPLICABLE TO ALL USERS)?

You will only use the Services for your own personal use (and not on behalf of or for the benefit of any third party), and only in a manner that complies with all laws, rules (government, school, or otherwise), and regulations (collectively “Applicable Laws”) that apply to you. You may not resell or make any commercial use of the Services or any Content (defined below) therein (other than your own Submissions (defined below), subject to the non-exclusive license you grant to us). Any Content you access through the Services is licensed, not sold to you, regardless of the use of the term “purchase” herein. You are prohibited from soliciting other users of the Services (hereafter “Users”) to contact you outside the Services for any purpose. “Content” means the materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, course materials, class notes, flashcards, Expert Answers, and so forth. “Submissions” means any Content you post, upload, share, store, or otherwise provide through the Services.

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 any Applicable Laws.

You represent and warrant that you are 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 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 or entity’s behalf and bind them to these Terms, in which case the references to “you” or “your” or the like other than in this sentence, refer to such organization or entity. If you are a parent, guardian, or other person who enables a child under the age of 13 to access the Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. The Services are intended for use by you only if you are 13 years of age or older.

We are not responsible for Content

We are not responsible for editing, modifying, filtering, screening, monitoring, endorsing or guaranteeing any Content. We are not liable for any acts or omissions of Users, or the accuracy or completeness of any answers or another User’s ability to provide answers. We cannot ensure that any User will complete a transaction.

Content is to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional advice.
 Communications facilitated by the Services do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this Services are limited and do not include safeguards and procedures typical of in-person evaluations and visits.

Protection of Content

The Content is 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 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 Casehero’s) rights.

You understand that Casehero owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Connectivity Costs and Equipment

You are responsible for all service, internet and/or other fees and costs associated with your access to and use of the Services, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all equipment required for such access and use.

Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Casehero’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Casehero’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Casehero at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Submitting Case Study Solutions

  1. The case studies you submit are subject to our quality assessment. If we decide that they not have the appropriate quality level, we will neither upload, nor utilize them in any way. In case of a dismissal of a submitted case study, we will not pay you for the same.
  2. The case studies you submit, which have been accepted by us, will become public and do not remain private. They are neither private nor confidential and may be accessed, read, collected, and used by others. In order to protect your privacy, do not add information about your identity, university, or other personal contact information in your case study submission that you upload to our website.
  3. You are solely responsible for your case study submissions. You are responsible for the accuracy of your submission, and you both warrant and represent all rights necessary for the same, in the matter in which you contribute it, and that Casehero shall not need to obtain any licenses, rights, consents, or other permissions from, or make any payments to, any third party for any use or exploitation of your case study solutions in any and all media (whether currently known or hereafter created). Furthermore, Casehero shall not have any liability to you or any third party as a result of any use of your case study submissions as authorized in these terms of use.
  4. As between us and you, you are the owner of your Submissions. Casehero does not claim any ownership rights in your Submissions. After submitting your Submissions to the Service, you continue to retain all ownership rights in such Submissions, subject to the licenses granted below, and you continue to have the right to use your Submissions in any way you choose.
  5. Waiver of Personality Rights: You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature related to the use of your case study submissions, or any portion thereof, as authorized by these terms of use in connection with the offerings of Casehero, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating and selling your case study submissions, or any advertising or publicity relating thereto.

Your use of the Services is subject to the following additional restrictions:

You are prohibited from uploading or submitting copyright infringing materials (including without limitation copies made without the consent of the copyright owner of testing materials, textbooks, case study solution manuals, or teaching notes, test banks, lecture notes, slide presentations, or related copyrighted works, in whole or in part).

You represent, warrant, and agree that you will not contribute any Submission that, or otherwise use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Casehero);
  • Violates any Applicable Law;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your Casehero account or anyone else’s (such as allowing someone else to log on as you on the Services);
  • 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);
  • “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through use of manual or automated means);
  • Introduces any viruses, Trojan horses, or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any part of the Services;
  • Copies or stores any significant portion of the Content; or
  • 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.

Who is responsible for what I see and do on the Services?

Any 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. We can’t guarantee the identity of any Users with whom you interact in using the Services and are not responsible for which Users gain access to the Services.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Casehero. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Casehero is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Casehero 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. In addition, Casehero will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Casehero shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between Users on this site, or between Users and any third party, you agree that Casehero is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release Casehero, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

OTHER IMPORTANT TERMS

Disclaimer

  1. The materials on Casehero’s web site are provided “as is”. Casehero makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Casehero does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
  2. Our service is to be used for research purposes only, written case study solutions that are provided by us should under no circumstances be submitted as your own work. If you choose to submit our case study solution as your own, it should be referenced accordingly.

Limitations

In no event shall Casehero or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Casehero’s Internet site, even if Casehero or a Casehero authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Casehero’s web site could include technical, typographical, or photographic errors. Casehero does not warrant that any of the materials on its web site are accurate, complete, or current. Casehero may make changes to the materials contained on its web site at any time without notice. Casehero does not, however, make any commitment to update the materials.

Refunds

Since Casehero is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the product is sent or accessed on our website. As a customer you are responsible for understanding this upon purchasing any item at our site.

Links

Casehero has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Casehero of the site. Use of any such linked web site is at the user’s own risk.

Site Terms of Use Modifications

Casehero may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

These Terms are governed by and will be construed under the laws of Germany, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms (whether brought against Casehero or against any director, officer or employee of Casehero in their personal capacity) shall be finally settled in Germany, in English or German.

Warranty Disclaimer 

Neither Casehero nor any of its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Any Content or Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Casehero or others. THE SERVICES AND CONTENT ARE PROVIDED 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.

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 CASEHERO (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CASEHERO IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) 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 Casehero, its affiliates, officers, agents, employees, and partners 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”), if you have an account, 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 Casehero’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Arbitration

ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CASEHERO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 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. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Bad Honnef, Germany, or the state North Rhine-Westphalia in Germany.

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 Casehero 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 is 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 Casehero agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Casehero, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Casehero, and you do not have any authority of any kind to bind Casehero in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Casehero agree there are no third-party beneficiaries intended under these Terms.

Impressum / Imprint

Angaben gemäß § 5 TMG:

Casehero UG (haftungsbeschränkt)
Im Krahfuß 23
53604 Bad Honnef
Germany

CEO: Alexander Hoffmann

Registergericht / Local Court: Amtsgericht Siegburg
Registernummer / Registered Number: HRB15539

The European Commission provides a platform for Online Dispute Resolution (ODR). It can be found at: http://ec.europa.eu/consumers/odr/
Casehero is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Kontakt / Contact

support@casehero.com

Haftungsausschluss (Disclaimer)

Haftung für Inhalte

Als Diensteanbieter sind wir gemäß § 7 Abs.1 TMG für eigene Inhalte auf diesen Seiten nach den allgemeinen Gesetzen verantwortlich. Nach §§ 8 bis 10 TMG sind wir als Diensteanbieter jedoch nicht verpflichtet, übermittelte oder gespeicherte fremde Informationen zu überwachen oder nach Umständen zu forschen, die auf eine rechtswidrige Tätigkeit hinweisen. Verpflichtungen zur Entfernung oder Sperrung der Nutzung von Informationen nach den allgemeinen Gesetzen bleiben hiervon unberührt. Eine diesbezügliche Haftung ist jedoch erst ab dem Zeitpunkt der Kenntnis einer konkreten Rechtsverletzung möglich. Bei Bekanntwerden von entsprechenden Rechtsverletzungen werden wir diese Inhalte umgehend entfernen.

Haftung für Links

Unser Angebot enthält Links zu externen Webseiten Dritter, auf deren Inhalte wir keinen Einfluss haben. Deshalb können wir für diese fremden Inhalte auch keine Gewähr übernehmen. Für die Inhalte der verlinkten Seiten ist stets der jeweilige Anbieter oder Betreiber der Seiten verantwortlich. Die verlinkten Seiten wurden zum Zeitpunkt der Verlinkung auf mögliche Rechtsverstöße überprüft. Rechtswidrige Inhalte waren zum Zeitpunkt der Verlinkung nicht erkennbar. Eine permanente inhaltliche Kontrolle der verlinkten Seiten ist jedoch ohne konkrete Anhaltspunkte einer Rechtsverletzung nicht zumutbar. Bei Bekanntwerden von Rechtsverletzungen werden wir derartige Links umgehend entfernen.

Urheberrecht

Die durch die Seitenbetreiber erstellten Inhalte und Werke auf diesen Seiten unterliegen dem deutschen Urheberrecht. Die Vervielfältigung, Bearbeitung, Verbreitung und jede Art der Verwertung außerhalb der Grenzen des Urheberrechtes bedürfen der schriftlichen Zustimmung des jeweiligen Autors bzw. Erstellers. Downloads und Kopien dieser Seite sind nur für den privaten, nicht kommerziellen Gebrauch gestattet. Soweit die Inhalte auf dieser Seite nicht vom Betreiber erstellt wurden, werden die Urheberrechte Dritter beachtet. Insbesondere werden Inhalte Dritter als solche gekennzeichnet. Sollten Sie trotzdem auf eine Urheberrechtsverletzung aufmerksam werden, bitten wir um einen entsprechenden Hinweis. Bei Bekanntwerden von Rechtsverletzungen werden wir derartige Inhalte umgehend entfernen.

Quellen: eRecht24 Disclaimer, Disclaimer von eRecht24, dem Portal zum Internetrecht von Rechtsanwalt Sören Siebert