Casehero

The marketplace for case solutions.

Terms of Use

Date Last Updated: February 07, 2022

IMPORTANT – IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THESE TERMS OF USE (“TERMS”), DO NOT ACCESS OR OTHERWISE USE THE WEBSITE LOCATED AT WWW.CASEHERO.COM, PRODUCTS, SERVICES OR APPLICATIONS. YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES (“SERVICES”) SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. CASEHERO MAY MAKE CHANGES TO THE CONTENT OFFERED ON THE WEBSITE, PRODUCTS, SERVICES OR APPLICATIONS AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, PRODUCTS OR SERVICES OR OR CLICKING “SUBMIT SOLUTION” OR “BUY NOW”, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, PRODUCTS, SERVICES OR APPLICATIONS.

THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS AND A PROVISION PROHIBITING CLASS ACTIONS. PLEASE READ THESE TERMS CAREFULLY.

YOU MUST BE AGE 16 OR OLDER TO USE THE SERVICES. IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE SERVICES, AS WELL AS HAVE THEM READ AND AGREE TO THESE TERMS.

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS AT LEAST 16 YEARS OF AGE, AND YOU AGREE TO THESE TERMS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER OF THE SERVICES AND YOU HAVE QUESTIONS ABOUT THE SERVICES OR THESE TERMS, PLEASE CONTACT US AT SUPPORT@CASEHERO.COM.

General

These Terms are a binding contract between you and Casehero GmbH (“Casehero,” “we” and “us”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@casehero.com.

In these Terms, “User” means anyone who accesses and/or registers for our Services, including without limitation students, Solution Providers, or other users. “Solution Provider” means the individual who provides case studies and solutions to us through our Services.

Changes

Casehero can change these Terms, including, without limitation, any payment and pricing terms, at any time. If Casehero changes any of these Terms, Casehero will post the updated terms. Casehero may also send registered users that have submitted their email address a notice of the change to these Terms. Your continued use of the Services after such changes have been posted, acknowledges your agreement to the new Terms. Therefore, you should check the Terms on the Services periodically for updates and changes.

Privacy Policy

Casehero’s collection and use of the Services is governed by the terms of the Casehero Privacy Policy.

Account Registration and Security

After purchasing the Services, you will receive a unique access link to access the Services which will expire within fourteen (14) days.

Use of the Services

“Content” means any information or materials displayed on the Services, such as, text, graphics, data, articles, photos, images, illustrations, materials, notes and so forth. Case studies and solutions for which you may purchase a license to use are considered “Content.”

“Submissions” means any materials you, as a Solution Provider, post, upload or otherwise provide through the Services, such as your case studies and solutions.

Casehero only authorizes you to use the Services and Content for your own non-commercial, personal use in compliance with all applicable laws. You may not resell or make any commercial use of the Services or any Content therein (other than your own Submissions). Any Content you access through the Services is licensed personally to you to view and use the Content and download certain Content, all for a two (2) week period of other period of time set forth on the Payment Page. This license shall automatically terminate if you violate any of the terms or restrictions in these Terms 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.

Electronic Communications

By using the Services, you consent to receiving electronic communications from Casehero. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with Casehero and you receive them as part of your sale or purchase. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Solution Provider Payments

When submitting a Submission as a Solution Provider, Casehero will review the Submission as set forth in the Copyright and Trademark Infringements Section below and determine if the Submission is acceptable. If the Submission is accepted by Casehero, in its sole discretion, through its payment providers (currently PayPal and Transferwise), Casehero will pay the Solution Provider a one-time flat fee that Casehero determines in its sole discretion based on the quality of the Submission (up to a maximum of $50.00 per Submission). The one-time flat fee will be provided to you via email when the Submission is accepted by Casehero.

User Payments

When you purchase Content, you are committed to pay all of the charges and Casehero is permitted to bill you the applicable fees, any applicable tax and any other charges they may incur with Casehero in connection with the purchase (“Charges”). The Charges will be billed to the credit card or PayPal account the User provides in accordance with the billing terms in effect at the time the Charges are due and payable. If payment is not received or cannot be charged to the User’s credit card or account for any reason, Casehero reserves the right to not fulfill the order for Content or to suspend or terminate the User’s access to the Services and terminate these Terms.

You acknowledge and agree that Casehero will automatically charge your credit card or PayPal account on record with Casehero upon your election to purchase Content. Casehero will send an email to you where you can access the Content you have purchased.

As Casehero determines in its sole discretion, certain Content may be provided free of charge or in exchange for your agreement to subscribe to our newsletters or marketing emails. Casehero may revoke access to any Content that is provided free of charge at any time. Casehero may cease providing Content for free at any time.

No Refunds

ALL PURCHASES ARE NON-CANCELLABLE AND ALL CHARGES ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY SET FORTH HEREIN. BY MAKING A PURCHASE OF CONTENT, YOU AGREE TO THIS NO REFUND POLICY.

Solution Provider Submissions

You acknowledge and agree that you are solely responsible for all Submissions that you make available through the Services. Accordingly, you represent and warrant that: (i) you are the original creator and writer of all Submissions that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Casehero the license in such Submissions, as contemplated under these Terms, including any required university or school permissions; (ii) neither the Submissions nor your posting, uploading, publication, submission or transmittal of the Submissions or Casehero’s use of the Submissions (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) your Submissions and your postings will not defame any person, business, location or property. As a Solution Provider, you agree that you are not an employee or agent of Casehero.

When you submit a Submission, you acknowledge and agree that Casehero may sell licenses to access the Submission as Content hereunder. Thus, Submissions are not private or confidential and may be read, collected, and used by others. You are responsible for your Submissions. You are fully responsible for all Submissions you contribute, in any manner, to the Services, and for the accuracy of the same, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it, and that Casehero shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submissions in any and all media, whether now known or hereafter created, or have any liability to you or any third party as a result of any use of your Submissions as authorized in these Terms.

By submitting your Submissions to the Services, you grant Casehero a worldwide, non-exclusive, perpetual (or for the term of the protection), irrevocable, royalty-free, transferable, sublicensable license to use your Submissions (including to reproduce, distribute, modify, display, translate, store, edit, and perform them), in any media or platform now known or later developed. You agree that this license includes the right for Casehero to operate, promote, and improve the Services and to make your Submissions available to other Users as licensed Content.

Casehero does not claim any ownership rights in your Submissions and nothing in these Terms will be deemed to restrict any rights that you may have to use your Submissions.

You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submissions, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating and selling your Submissions as a license to Content, or any advertising or publicity relating thereto. You understand and agree that if you delete your account, it may not be possible to completely delete that content from Casehero’s records, that Casehero will retain a license to use your Submissions as described above, and your Submissions may remain viewable elsewhere as part of the Services and to the extent that other Users made copies of your Submissions that are licensed Content.

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.

Casehero owns all rights, title and interest in and to all of its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in and to the Services as well as all Content (excluding Solution Provider Submissions). You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), creative derivative works based on, or otherwise exploit any of the Services.

Copyright and Trademark Infringements

By submitting your Submissions to the Services, you acknowledge and agree that (i) Casehero may, at any time and for any reason, review your Submissions solely for quality control purposes and (ii) your Submissions may be scanned by third-party algorithms or other automated software used by Casehero in connection with its provision of the Services which are designed to identify instances of intellectual property infringement.

Only the intellectual property rights owner or the owner’s authorized agent is permitted to report potentially infringing materials to Casehero as set forth below. If you are not the intellectual property rights owner or the owner’s authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

NOTIFICATION: Casehero respects the intellectual property rights of others, and we require you to do the same when using Casehero’s website and the Services. Casehero may, in appropriate circumstances and at our discretion, terminate the Services for, or remove the Submissions of, users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on Casehero’s website or the Services, please provide Casehero’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online website are covered by a single notification, a full list of such works at that website.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at Casehero’s website or the Services, and information reasonably sufficient to permit Casehero to locate the material.
  • Information sufficient to permit Casehero to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Casehero’s agent for notice of claims of copyright or trademark infringement on Casehero’s website or the Services can be reached as follows:
    By mail: Casehero GmbH, Im Krahfuss 23, 53504 Bad Honnef, Germany
    By e-mail: support@casehero.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification: If you are a user who posted allegedly infringing material and who received notification to that effect from Casehero, you may elect to send us a counter-notice. To be effective, such counter-notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Casehero may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By mail: Casehero GmbH, Im Krahfuss 23, 53504 Bad Honnef, Germany
By e-mail: support@casehero.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Casehero has a policy to address repeat infringers and may terminate the Services for, or remove the Submissions of, any repeat infringer.

User Conduct

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.

You may not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of Casehero, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Casehero on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services and/or in submitting Submissions, you may not, and you agree that you will not:

  • register for more than one Casehero account or register for a Casehero account on behalf of an individual other than yourself;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information from or otherwise interact with the Services;
  • submit any false or misleading Submissions or information;
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
  • use the Services or Content for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access the Content or any information contained on the Services for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • “stalk” or harass any other user of our Services or officers, directors or investors of Casehero, or collect or store any personally identifiable information about any other user other than for purposes of obtaining answers and providing answers in accordance with these Terms;
  • post, upload, publish, submit or transmit any Submission that: (i) copies someone else’s work or infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • prepare, offer to prepare, cause to be prepared, sell, or distribute a term paper, thesis, dissertation, essay or other written material for another person, where you know or should know that such term paper, thesis, dissertation, essay or other written material is to be submitted by any other person for academic credit at any school, public or private college, university, or other institution of higher learning;
  • solicit another user to prepare a term paper, thesis, dissertation, or other written material for you to submit for academic credit at any school, public or private college, university, or other institution of higher learning;
  • violate any policies of any school, public or private college, university, or other institution of higher learning;
  • use any credit card or payment method that you are not authorized to use or conduct any type of payment fraud;
  • systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Services or any individual element within the Services, Casehero’s name, any Casehero trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Casehero’s express written consent;
  • access, tamper with, or use non-public areas of the Services, Casehero’s computer systems, or the technical delivery systems of Casehero’s providers;
  • attempt to probe, scan, or test the vulnerability of any Casehero system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Casehero or any of Casehero’s providers or any other third party (including another user) to protect the Services;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Casehero has the right to investigate and enforce violations of any of the above to the fullest extent of the law and may terminate your account for any such violations.

Casehero may access, preserve and disclose any of your information if we have a good faith belief it is required by law, such as pursuant to a valid subpoena, warrant, or other judicial or administrative order (as further explained below) or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Casehero, to make a claim against a User for slander, defamation, harassment, or similar actions, or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Casehero, its Users, or members of the public.

You acknowledge that Casehero has no obligation to police, review or monitor your access to or use of the Services or to review or edit any Submissions, but has the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Casehero reserves the right, at any time and without prior notice, to remove or disable access to any Content that Casehero, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. Casehero may suspend or terminate any User account or access to the Services at any time, for violation of these Terms or for no reason.

Parental Controls

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation (http://www.eff/org/pub/Censorship/Ratings_filters_labelling/) and of America Links Up (http://www.netparents.org/parentstips/browsers.html). We do not endorse any such products or services.

Honor Code and Academic Integrity

Solution Providers shall not prepare, offer to prepare, cause to be prepared, sell, or distribute a term paper, thesis, dissertation, essay or other written material for other Users through the Services or otherwise. You are not to submit any Casehero Content as your own for academic credit at any school, public or private college, university, or other institution of higher learning.

We expect our users to act with academic integrity. Therefore, Casehero reserves the right to suspend or terminate access to the Services for anyone who uses the Services to cheat or claim another user’s content as their own or for any User that does any of the following:

  • Plagiarism by copying solutions directly from Casehero resources and submitting them as your own.
  • Uploading another person’s materials to Casehero and claiming them as your own.
  • Using Casehero Solution Providers to complete tests or homework assignments when instructed not to use outside help.
  • Offering to prepare or complete any tests, papers, or other assignments for other Users.
  • Approaching or asking any other User to prepare or complete any tests, papers, or other assignments that you will be submitting for credit.
  • Preparing or completing any tests, papers, or other assignments for another person, that you know, or should know, are to be submitted for credit by the person.
  • Using Casehero in any manner that violates your instructor’s or institution’s academic Honor Code or other academic policies.

Third Party Links

The Services may contain links to, or otherwise may allow you to connect to and use certain third party products, services or software under separate terms and conditions (collectively, “Other Services”) in conjunction with the Services. If you decide to access and use such Other Services, be advised that Your use is governed solely by the terms and conditions of such Other Services, and Casehero does not endorse, is not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle your data. Casehero is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Other Services, or your reliance on the privacy practices or other policies of such Other Services.

Warranty Disclaimer

Casehero does not 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 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 GUARANTEES, CONDITIONS, REPRESENTATIONS OR 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 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 (III) 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 for 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 including arising out of your Submissions), 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).

Arbitration and Class Action Waiver

These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Definitions. As used in this Dispute Resolution and Binding Arbitration Provision (“Arbitration Provision”), the terms “Casehero,” “we,” “us,” and “our” refer to Casehero UG, including its subsidiaries and agents; The word “Claims” means all claims, disputes, or controversies between User and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Service(s). This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision. Informal Efforts to Resolve Dispute. If a dispute arises between a User and Casehero, User should first attempt to resolve it by contacting our Customer Service Center at support@casehero.com or by sending the details of User’s complaint, including User’s contact information for a response, to the address or email address listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt. Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, User agrees that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) User may assert Claims in a small claims court in the United States if User’s Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO USER ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED. IF USER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, USER MUST NOTIFY CASEHERO IN WRITING WITHIN 30 DAYS FROM THE DATE THAT USER FIRST ACCEPTS OR HAS ACCESS TO THESE TERMS OF USE BY MAILING OR EMAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. USER’S WRITTEN NOTIFICATION MUST INCLUDE USER’S NAME, ADDRESS, THE EMAIL ADDRESS USER USED TO REGISTER WITH CASEHERO, AND A CLEAR STATEMENT THAT USER DOES NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. USER’S DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON USER’S RELATIONSHIP WITH US OR THE DELIVERY OF PLATFORM SERVICE(S) TO USER BY US. IF USER HAS PREVIOUSLY NOTIFIED US OF USER’S DECISION TO OPT OUT OF ARBITRATION, USER DOES NOT NEED TO DO SO AGAIN. Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association (“AAA”) rules which limit the amount a consumer is required to pay. If the arbitrator determines that User’s Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse User the amount of all filing, administration and arbitrator fees User is required to pay for the arbitration. Arbitration Rules. The arbitration will be conducted by the “AAA” under its rules if User is a resident of the United States; if User’s use of the Platform Service(s) has been principally for personal or household use, the AAA’s Supplementary Procedures for Consumer-Related Disputes will also apply. If User is a resident of a country other than the United States, the arbitration will be conducted by the AAA’s International Centre for Dispute Resolution with venue in New York, New York, USA, under its rules for international arbitration. The Parties agree to submit to the personal jurisdiction of the U.S. federal court for the Southern District of New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control. The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If the parties can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA’s rules are available at www.adr.org, or by calling 1-800-778-7879 from inside the United States or +1-212-484-4181 from outside the United States. Initiating Arbitration. To begin an arbitration proceeding, User must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org. Time Restriction. USER MUST FILE A COMPLAINT WITH AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR USER WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE. Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for User. The arbitration can only decide Claim(s) between User and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of New York (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act. Enhanced Recovery. If the arbitrator rules in User’s favor on the merits of any Claim brought against us and issues a damages award in User’s favor that is greater in monetary value than our last written settlement offer made before written submissions are made to the arbitrator, then when the judgment is final we will pay User the damage award judgment plus fifty percent (150%) up to US$1,000 over and above the damages award, plus User’s reasonable attorneys’ fees for the arbitration proceeding. Confidentiality. User and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to User’s or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law. Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of User’s access to or use of any Platform Service(s) and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

Casehero Customer Service Center Address: Casehero GmbH, Im Krahfuss 23, 53604 Bad Honnef, Germany
ATTN: LEGAL/ARBITRATION Alexander Hoffmann

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 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 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). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Casehero in any respect whatsoever. You and Casehero agree there are no third party beneficiaries intended under these Terms. 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. 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.

California Residents

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to Casehero GmbH, Im Krahfuss 23, 53604 Bad Honnef, Germany, Attn: Alexander Hoffmann, with your email address and a request for the Terms. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.