Cancle Hero - Terms

Cancle Hero user TERMS OF SERVICE

Last Updated: March 15, 2021
Welcome to Cancle Hero! You’re reading our Cancle Hero user Terms of Service (“Terms”), an agreement between you and Cancle Hero Inc. (“Cancle Hero”), for your use of our services as an user (as defined below), which are accessible via our website at www.CancleHero.fun (the “Site”) and mobile app (“App”). to form these Terms easier to read, the Site, App and services we offer are together called “Services”.You’ll notice that some words appear in quotes in these Terms. They’re called “defined terms,” and that we use them so we don’t need to repeat an equivalent language over and once again , and to form sure that the Terms are consistent. We’ve included the defined terms throughout to form the Terms easier for you to read.1. Agreement to Terms. By using our Services, you comply with be bound by these Terms. If you don’t comply with be bound by these Terms, don't use the Services.2. Changes to the Terms or Services. we'd change these Terms from time to time, but we’ll notify you once we make any changes. The changes become effective when the revised Terms are posted (check the date at the highest of this page) unless we tell you otherwise. If you still use the Services after we’ve told you about any changes, meaning that you simply have accepted the revised Terms. We’re always striving to form the Services better and since they're evolving over time we may change or discontinue all or any a part of the Services, at any time and all of sudden , at our discretion. for instance , we'd stop providing a feature that our users don’t like or use fairly often .ARBITRATION NOTICE: once you comply with THESE TERMS you're AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Cancle Hero THROUGH BINDING, INDIVIDUAL ARBITRATION instead of IN COURT. PLEASE REVIEW CAREFULLY SECTION 20 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO cop out OF ARBITRATION).3. Privacy Policy. For information about how we collect, use and share your information once you use the Services, please see our Privacy Policy at https://www.CancleHero.fun/privacy . You acknowledge and agree that your use of the Services is subject to our Privacy Policy.4. How Our Services Work.(a) Direct-to-Expert Calls. Our Services enable users seeking advice or assistance (each an “End User”) to consult an expert (an “Expert”). Experts may have expertise during a service category like auto-repairs or information technology support, or have experience in an industry like design or fashion. Some Experts are influencers or creators who may offer advice and guidance associated with their areas of interest. Some Experts concentrate on helping End Users to answer an issue , evaluate a drag , or give advice and proposals about repairs associated with a third-party product or service (“Third-Party Product”). Each Expert features a profile page where you'll examine that Expert’s experience and background, view the Expert’s availability, and submit an invitation to attach with the Expert through the App or by phone for a “Direct-to-Expert Call.” you'll view the speed for a Direct-to-Expert Calls before making an invitation thereon Expert’s profile. (b) Service Calls. Cancle Hero also features a network of pre-selected Experts who are designated via the Services to answer requests for assistance during a specific service category. End Users can make an invitation via our Services to be connected to an available Expert during a specific service category for a “Service Call”. For Services Calls, the top User doesn't choose the Expert to whom they're connected—you merely indicate the service category during which you need assistance and request to be connected with an Expert for help or input. We ask Direct-to-Expert Calls and Services Call together as “Calls.”(c) Experts don't Perform Repairs. During a Call, an Expert may provide basic diagnostic advice or other information during a specified service category, including recommendations on how a particular problem could also be fixed or otherwise addressed. The Expert won't perform repairs via the Call—no technical or physical repairs are delivered via the Services.(d) Ratings. At the top of a Call, you'll have a chance to finish a satisfaction survey and rate the Expert. you'll view an Expert’s ratings thereon Expert’s profile. An Expert’s ratings are based solely on the reviews of End Users such as you . Ratings aren't an endorsement of, and don't reflect any opinion or evaluation of, Cancle Hero about an Expert.(e) Cancle Hero may be a Platform. Cancle Hero may be a technology services and platform provider, and our Services are limited to facilitating connections between End Users and Experts. We don't participate in Calls or deliver any assistance, recommendations or other services provided by Experts. additionally , Experts aren't Cancle Hero employees or agents. Cancle Hero isn't liable for (i) verifying or authenticating an Expert’s credentials, expertise, or background, or (ii) the standard , content, Expert advice, information provided by End Users, or the other conduct, act or omission of an Expert or user in reference to the Services. You acknowledge that the Services aren't designed, intended or authorized to facilitate the utilization of hazardous materials or engagement in hazardous activities (including without limitation people who could lead on to death, personal injury or environmental damage). you'll not use the Services to hunt input or information for such purposes. By using the Services, you agree that any legal remedy or liability that you simply seek to get for actions or omissions of an Expert are going to be against that Expert, and you agree to not plan to impose liability on Cancle Hero, or seek any legal remedy from Cancle Hero with reference to such actions or omissions.5. Cancle Hero Accounts.(a) Eligibility. you'll only use the Services if you're a minimum of 18 years old and capable of forming a binding contract with Cancle Hero, and aren't barred from using the Services under applicable law.(b) Registration and Your Information. You’ll need to create an account to use certain features of the Services (“Account”). you'll do that via the location or through your account with certain third-party social networking services like Facebook (each, an “SNS Account”). If you select the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information like your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.(c) Accuracy of Account Information. It’s important that you simply provide us with accurate, complete and up-to-date information for your Account and you comply with update such information to stay it accurate, complete and up-to-date. If you don’t, we'd need to suspend or terminate your Account. You agree that you simply won’t disclose your Account password or verification code to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re liable for all activities that occur under your Account, whether or not you recognize about them.6. Feedback. We welcome your suggestions, comments or other feedback about the Services (“ Feedback ”). Feedback helps us to enhance the Services to form them better and easier for you to use. you'll submit Feedback by emailing us at support@CancleHero.fun . You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the proper to sublicense, under any and every one property rights that you simply own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.7. One-Time Payments and Subscriptions.(a) Payments. Cancle Hero requires payment of a fee to use some features of our Services. Some features like Direct-to-Expert Calls require a one-time payment (“One-Time Payment”), et al. require purchasing a subscription (a “Subscription”). once you make a One-Time Payment, the fee you're charged may vary counting on the time of day, and therefore the availability of Experts. we'll inform you of the applicable fee before you create a One-Time Payment. once you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to provide additional information relevant to your Transaction, including your mastercard number, the expiration date of your mastercard and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you simply have the right to use all payment method(s) represented by any such Payment Information. once you initiate a Transaction, you authorize us to supply your Payment Information to 3rd parties so we will complete your Transaction and to charge your payment method for the sort of Transaction you've got selected (plus any applicable taxes and other charges). you'll got to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).(b) Subscriptions and Plans. we provide a spread of Subscriptions, counting on how often a user can use our Services and which features a user can access. If you buy a Subscription, you'll be charged the applicable Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the start of your Subscription and every renewal date thereafter, at the then-current Subscription Fee. Your renewal date depends on which Subscription you buy . for instance , if you buy an annual Subscription, your renewal date are going to be the anniversary of the date you bought your Subscription. If you buy a bi-annual Subscription, your renewal date are going to be six (6) months after the date you bought your Subscription. If you buy a Subscription, we (or our third-party payment processor) will automatically charge you on the renewal date of your Subscription, using the Payment Information you've got provided until you cancel your Subscription. If you've got an annual Subscription Cancle Hero will send you a reminder a minimum of fourteen (14) days before each renewal with the then-current Subscription Fee. additionally , at the top of any six (6) month or annual Subscription period, upon renewal your Subscription are going to be converted into a month-to-month Subscription and you'll be charged the applicable monthly Subscription Fee on a monthly basis thereafter. By agreeing to those Terms and electing to get a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations before cancellation of your Subscription by you or Cancle Hero. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. you'll change your Subscription (for example, changing from a monthly to an annual Subscription, or by upgrading your Subscription) by following the instructions on our Site. If you modify your Subscription, on your next renewal date for your current Subscription, you'll be charged the then-current Subscription Fee for your new Subscription. If you create such a change, your payment date can also change.(c) Tips. you'll tip an Expert directly for his or her services at the top of a Call (a “Tip”). Tips are considered a One-Time Payment under these Terms.(d) Cancelling a One-Time Payment or Subscription . YOUR PURCHASE IS FINAL AND you'll NOT BE ready to CANCEL the acquisition AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens within the course of completing a Transaction, we reserve the proper to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you've got already remitted to us for such Transaction. Without limiting the foregoing, you'll cancel your Subscription at any time, but please note that such cancellation are going to be effective at the top of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH reference to YOUR INITIAL SUBSCRIPTION PURCHASE, you'll NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE purchased THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. you'll cancel your Subscription either by logging into your account and clicking ‘Cancel Membership’, or by contacting our customer support team via email at support@CancleHero.fun . you'll be liable for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the top of your then current subscription period and can then terminate without further charges. We may cancel your Subscription if you fail to buy your Subscription, breach these Terms, or for the other reason in our sole discretion. IF YOUR SUBSCRIPTION IS CANCELLED, you're liable for PAYMENT OF ANY OUTSTANDING BALANCES ON YOUR ACCOUNT, INCLUDING ANY FEES you'll INCUR OR MAY HAVE INCURRED, AS DESCRIBED HEREIN.(e) Calls Under One Minute. you'll not be charged for Calls that last but one minute.8. Promotions and Referral Programs. Cancle Hero may, at its sole discretion, make available promotions or incentives associated with the Services. These promotions could also be subject to separate terms and conditions, and Cancle Hero may set or change the promotion or incentive types, amounts, terms, restrictions, and qualification requirements at Cancle Hero’s sole discretion. We can also provide you with or allow you to make a referral code or link (a “ Cancle Hero Code ”). Cancle Hero Codes may only be distributed for promotional purposes and must tend away freed from charge. you'll not sell, trade, or barter your Cancle Hero Code. Cancle Hero reserves the proper to deactivate or invalidate any Cancle Hero Code at any time in Cancle Hero’s discretion. Cancle Hero reserves the proper to withhold or deduct credits or benefits obtained through a promotion if Cancle Hero determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. .9. Communications.(a) Notices. Any notices or other communications provided by Cancle Hero under these Terms, including those regarding modifications to those Terms, are going to be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt are going to be deemed the date on which such notice is transmitted.(b) Communications associated with the Services. By using our Services, you comply with receive communications from us, including emails, text messages, calls, and push notifications. You agree that texts, calls or prerecorded messages could also be generated by automatic telephone dialing systems. you'll receive calls and text messages at the telephone number you provide via your Account. Standard call and text messaging charges will apply to text messages we send and calls you receive through the platform.(c) Calls aren't Confidential. You acknowledge and agree that your Calls and the other communications with Experts via the Services aren't confidential, and that we encourage you to use logic when sharing information with an Expert. you'll not provide any personal information about yourself or third parties, except your given name . you're solely liable for any information you select to share with other users.10. Content Ownership, Responsibility and Removal.(a) Definitions. For purposes of those Terms: (i) “Content” means text, graphics, images, software, audio, video, works of authorship of any kind, and knowledge or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that End Users provide to be made available through the Services. Content includes without limitation User Content.(b) Our Content Ownership. Cancle Hero doesn't claim any ownership rights in any User Content and zip in these Terms are going to be deemed to limit any rights that you simply may need to use and exploit your User Content. Subject to the foregoing, Cancle Hero and its licensors exclusively own alright , title and interest in and to the Services and Content, including all associated property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the us and foreign countries. You agree to not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.(c) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Cancle Hero a non-exclusive, transferable, worldwide, royalty-free license, with the proper to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in reference to operating and providing the Services and Content to you and to other users.(d) Your Responsibility for User Content. you're solely liable for all of your User Content. You represent and warrant that you simply own all of your User Content otherwise you have all rights that are necessary to grant us the license rights in your User Content under these Terms. you furthermore may represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Cancle Hero on or through the Services will infringe, misappropriate or violate a 3rd party’s property rights, or rights of publicity or privacy, or end in the violation of any applicable law or regulation.(e) Rights in Content Granted by Cancle Hero. Subject to your compliance with these Terms, Cancle Hero grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to look at and display the Content solely in reference to your permitted use of the Services and solely for your personal and non-commercial purposes.11. Rights and Terms for Apps.(a) Rights in App Granted by Cancle Hero. Subject to your compliance with these Terms, Cancle Hero grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a replica of the App on a mobile device or computer that you simply own or control and to run such copy of the App solely for your own personal non-commercial purposes. you'll not copy the App, apart from making an inexpensive number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you'll not: (i) copy, modify or create derivative works supported the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Cancle Hero reserves all rights in and to the App not expressly granted to you under these Terms.(b) Accessing App from App Store. the subsequent terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or within the future be made available (each an “App Provider”). You acknowledge and agree that:● These Terms are concluded between you and Cancle Hero, and not with the App Provider, and Cancle Hero (not the App Provider), is solely liable for the App.
● The App Provider has no obligation to furnish any maintenance and support services with reference to the App.
● within the event of any failure of the App to evolve to any applicable warranty, you'll notify the App Provider, and therefore the App Provider will refund the acquisition price for the App to you (if applicable) and, to the utmost extent permitted by applicable law, the App Provider will haven't any other warranty obligation whatsoever with reference to the App. the other claims, losses, liabilities, damages, costs or expenses due to any failure to evolve to any warranty are going to be the only responsibility of Cancle Hero.
● The App Provider isn't liable for addressing any claims you've got or any claims of any third party concerning the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to evolve to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
● within the event of any third-party claim that the App or your possession and use of that App infringes that third party’s property rights, Cancle Hero are going to be solely liable for the investigation, defense, settlement and discharge of any such property infringement claim to the extent required by these Terms.
● The App Provider, and its subsidiaries, are third-party beneficiaries of those Terms as associated with your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the proper (and are going to be deemed to possess accepted the right) to enforce these Terms as associated with your license of the App against you as a third-party beneficiary thereof.
● You represent and warrant that (i) you're not located during a country that's subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you're ex-directory on any U.S. Government list of prohibited or restricted parties.
● you want to also suits all applicable third-party terms of service when using the App.
12. General Prohibitions and Cancle Hero’s Enforcement Rights. we actually want everyone to possess an excellent experience and to feel safe when using the Services. Accordingly, you agree that you simply won’t do any of the following:● Allow the other person to use your Account, or create quite one Account;
● Use the Services to form untruthful, misleading or inaccurate statements a few Third-Party Product, including without limitation, any problems you've got with a Third-Party Product;
● Say or do anything that (i) infringes, misappropriates or violates any property rights, rights of privacy, rights of publicity or the other rights of others; (ii) may end in harm, injury or damage to an individual or product; (iii) is defamatory, abusive, harmful, offensive or hateful; (iv) is obscene, pornographic, indecent or sexually explicit, or depicts graphic, excessive or gratuitous violence; (v) violates, or encourages any conduct that might violate, any applicable law or regulation or would produce to civil liability; (vi) promotes illegal or harmful activities or substances; or (vii) in Cancle Hero’s judgment, is objectionable or may expose Cancle Hero or End Users of the Services to harm or liability of any type;
● Infect the Services with viruses, corrupted data or other harmful, disruptive or destructive files or code;
● Record any call or conversation with an Expert;
● Use the Services in any way that would interfere with an End User’s enjoyment of the Services or that would impair the functioning of the Services;
● Intimidate, threaten, stalk, bully or otherwise harass End Users or Experts;
● Post spam or other unsolicited commercial messages through the Services;
● Use the Services for any commercial purpose, or for the advantage of any third party;
● Use, display, mirror or frame the Services or a person element within the Services, Cancle Hero’s name any Cancle Hero trademark, logo or other proprietary information, or the layout and style of any page or form contained on a page, without Cancle Hero’s written consent;
● Access, tamper with, or use non-public areas of the Services, Cancle Hero’s computer systems, or the technical delivery systems of Cancle Hero’s providers;
● plan to probe, scan or test the vulnerability of any Cancle Hero system or network or breach any security or authentication measures;
● Circumvent or plan to circumvent any filtering, security measures, rate limits or other features designed to guard the Services, our End Users or Experts, or third parties;
● Manipulate, abuse, or engage in any way or form with other End Users or Experts for the aim of generating fake Calls, fake ratings and reviews, or any similar activity;
● plan to decipher, decompile, disassemble or reverse engineer any of the software wont to provide the Services;
● Collect, store, request or share any personal information about other End Users or Experts without their express permission;
● Share or disclose any information you're contractually or legally required to stay confidential;
● Impersonate, or misrepresent your affiliation with, a person or entity;
● Violate any applicable law or regulation; or
● Encourage or enable the other individual to try to to any of the foregoing.
You can report inappropriate behavior by an Expert by emailing us at support@CancleHero.fun . Although we’re not obligated to watch access to or use of the Services or Content or to review or edit any Content, we've the proper to try to to so for the aim of operating the Services, to make sure compliance with these Terms and to suits applicable law or other legal requirements. We reserve the proper , but aren't obligated, to get rid of or disable access to any Content, at any time and all of sudden , including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of those Terms. we've the proper to research violations of those Terms or conduct that affects the Services. We can also consult and cooperate with enforcement authorities to prosecute users who violate the law.
13. DMCA/Copyright Policy. We respect copyright law and expect our users to try to to an equivalent . it's our policy to terminate in appropriate circumstances Cancle Hero Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright and IP Policy at https://www.CancleHero.fun/copyright for further information.14. Links to 3rd Party Websites or Resources. The Services (including the App) may contain links to third-party websites or resources. we offer these links only as a convenience and aren't liable for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.15. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and all of sudden to you. you'll cancel your Account at any time by sending an email to us at support@CancleHero.fun . Upon any termination, discontinuation or cancellation of the Services or your Account, the subsequent Sections will survive: 6, 10(c), 10(d), and 16-21.16. Disclaimers.(a) Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR a specific PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT in fact OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the standard , accuracy, timeliness, truthfulness, completeness or reliability of any Content.(b) No Liability for Expert or user Interactions . We aren't liable for any damage or harm resulting from an Expert’s communications or interactions with End Users via Calls or otherwise. If you don’t like or afflict the recommendation or recommendations provided by an Expert, don’t follow it. The Expert’s advice isn’t a substitute for the other specialized advice you'll receive concerning your request and Cancle Hero isn’t liable for any damage to, or replacement or repair of, any of your property resulting from you following an Expert’s advice or recommendations. Cancle Hero isn't responsible or responsible for the conduct of Experts, End Users or other users.17. Indemnification. you'll indemnify and hold harmless Cancle Hero and its officers, directors, employees and agents from and against all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of those Terms.18. Limitation of Liability.(a) Cancle Hero AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS won't BE susceptible to YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR exemplary damages INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS of knowledge OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR the other DAMAGES OR LOSSES, OR the value OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR associated with THESE TERMS, THE SERVICES, EXPERT SERVICES OR ANY ADVICE OR RECOMMENDATIONS PROVIDED BY EXPERTS, HOWEVER CAUSED AND IN WHATEVER FORMAT OR MEDIA (INCLUDING, WITHOUT LIMITATION, VIA CALLS), no matter the idea OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR the other LEGAL THEORY) AND WHETHER OR NOT Cancle Hero OR the other PARTY HAS BEEN INFORMED OF the likelihood OF SUCH DAMAGE, albeit A LIMITED REMEDY SET FORTH HEREIN IS FOUND to possess FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS don't ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, therefore the ABOVE LIMITATION might not APPLY TO YOU.(b) IN NO EVENT WILL Cancle Hero’S TOTAL LIABILITY ARISING OUT OF OR IN reference to THESE TERMS OR FROM the utilization OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS you've got ACTUALLY PAID TO Cancle Hero (IF ANY) IN reference to THE SERVICES within the TWELVE (12) MONTHS before THE OCCURRENCE OF SUCH LIABILITY, OR 100 DOLLARS ($100), IF you've got HAD NO PAYMENT OBLIGATIONS TO Cancle Hero, AS APPLICABLE.(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF the idea OF the discount BETWEEN Cancle Hero AND YOU.19. Governing Law and Forum Choice. These Terms and any action related thereto are going to be governed by the Federal Arbitration Act, federal arbitration law, and therefore the laws of the State of California, without reference to its conflict of laws provisions. Except as otherwise expressly set forth in Section 20 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you simply and Cancle Hero aren't required to arbitrate are going to be the state and federal courts located within the Northern District of California, and you and Cancle Hero each waive any objection to jurisdiction and venue in such courts.20. Dispute Resolution.(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or concerning these Terms or the breach, termination, enforcement, interpretation or validity thereof or the utilization of the Services or Content (collectively, “Disputes”) are going to be resolved solely by binding, individual arbitration and not during a class, representative or consolidated action or proceeding . You and Cancle Hero agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of those Terms, which you and Cancle Hero are each waiving the proper to an attempt by jury or to participate during a class-action suit . This arbitration provision shall survive termination of those Terms.(b) Exceptions and Opt-out. As limited exceptions to Section 20(a)20(a) above: (i) you'll seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the proper to hunt injunctive or other equitable relief from a court to stop (or enjoin) the infringement or misappropriation of our property rights. additionally , you'll retain the proper to cop out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to try to to so by email at support@CancleHero.fun within thirty (30) days following the date you initially comply with these Terms.(c) Conducting Arbitration and Arbitration Rules . The arbitration are going to be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “ AAA Rules ”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. a celebration who wishes to start out arbitration must submit a written Demand for Arbitration to AAA and provides notice to the opposite party as laid out in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org .If your claim is for U.S. $10,000 or less, you'll choose whether the arbitration are going to be conducted solely on the idea of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the proper to a hearing are going to be determined by the AAA Rules. Any arbitration hearings will happen within the county (or parish) where you reside , unless we both comply with a special location. The parties agree that the arbitrator shall have exclusive authority to make a decision all issues concerning the interpretation, applicability, enforceability and scope of this arbitration agreement.(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees are going to be governed by the AAA Rules. We’ll buy all filing, administration and arbitrator fees and expenses if your Dispute is for fewer than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you'll be entitled to a gift of attorneys’ fees and expenses to the extent provided under applicable law.(e) class-action suit Waiver. YOU AND Cancle Hero AGREE that every MAY BRING CLAIMS AGAINST the opposite ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator might not consolidate another person's claims together with your claims, and should not otherwise preside over any sort of a representative or class proceeding. If this specific provision is found to be unenforceable, then everything of this Dispute Resolution section shall be null and void.(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 2 “Changes to Terms or Services” above, if Cancle Hero changes any of the terms of this Section 20 “Dispute Resolution” after the date you initially accepted these Terms (or accepted any subsequent changes to those Terms), you'll reject any such change by sending us written notice (including by email to support@CancleHero.fun ) within 30 days of the date such change became effective, as indicated within the “Last Updated” date above or within the date of Cancle Hero’s email to you notifying you of such change. By rejecting any change, you're agreeing that you simply will arbitrate any Dispute between you and Cancle Hero in accordance with the terms of this Section 20 “Dispute Resolution” as of the date you initially accepted these Terms (or accepted any subsequent changes to those Terms).(g) Severability. With the exception of any of the provisions in Section 20(e) of those Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any a part of these Terms is invalid or unenforceable, the opposite parts of those Terms will still apply.21. General.(a) Entire Agreement. These Terms constitute the whole and exclusive understanding and agreement between Cancle Hero and you regarding the Services and Content, and these Terms supersede and replace any and every one prior oral or written understandings or agreements between Cancle Hero and you regarding the Services and Content. If any provision of those Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision are going to be enforced to the utmost extent permissible and therefore the other provisions of those Terms will remain fully force and effect. you'll not assign or transfer these Terms, by operation of law or otherwise, without Cancle Hero’s prior written consent. Cancle Hero may freely assign these Terms. Any attempt by you to assign or transfer these Terms, without such consent, are going to be null. Cancle Hero may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the advantage of the parties, their successors and permitted assigns.(b) Waiver of Rights. Cancle Hero’s failure to enforce any right or provision of those Terms won't be considered a waiver of such right or provision. The waiver of any such right or provision are going to be effective as long as in writing and signed by a duly authorized representative of Cancle Hero. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms are going to be without prejudice to its other remedies under these Terms or otherwise.22. Contact Information. If you've got any questions on these Terms or the Services, please contact Cancle Hero at support@canclehero.fun