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Terms Of Service

This Terms of Service (“Agreement” or “Terms of Service”) a legally binding agreement between you (the “User,” “you,” or “your”) and Moonshot Junior, Inc. d/b/a Moonpreneur (“Moonpreneur,” “we,” “us,” “our”). You acknowledge and agree that your use of the Moonpreneur learning platform by the name “Moonhub” (the “Platform”) through Moonpreneur’s websites at https://moonpreneur.com/ (the “Website”) will be governed by this Agreement, our Privacy Policy, and any related terms.

The Platform is designed for use by parents, guardian (“Parent”), young entrepreneurs and by children between the ages of 7-17 (“Student”) and which includes our website located at https://moonpreneur.com/ (the “Website”), our mobile applications (the “App”), and our services (collectively, the “Services”). “User” means any individual who accesses or uses the Services, including, as applicable, individuals aged 18 or older and Students, depending on the context.

This Agreement applies to you if you are attending an online or in-person Moonpreneur workshop to try out our Services or as part of a Program curriculum (collectively “Workshop”), whether paid or an unpaid trial.

If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at customersupport@moonpreneur.com.

Your use of our Website or Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein.

PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN. FURTHERMORE, YOU HEREBY CONSENT ON BEHALF OF YOUR MINOR CHILD WHO MAY ACCESS THE PLATFORM VIA YOUR REGISTRATION OR ACCOUNT TO THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE WAIVER OF THE RIGHT TO A TRIAL BY JURY AND/OR TRIAL BY COURT AND CONSENT TO ARBITRATE ANY CLAIM HEREWITH UNDER THE ARBITRATION CLAUSE SET FORTH HEREIN.

Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy.

1. INTRODUCTION TO MOONPRENEUR, OUR PLATFORM AND PROGRAMS

Moonpreneur is a technology company that has developed a state of the art Platform that offers futuristic learning solutions based on educational STEM (Science, Technology, Engineering, and Mathematics) for use by Parents, young entrepreneurs to bridge the gap in the traditional education system and prepare children for college admissions and the future workplace.

Our learning solutions are provided on our Platform through different programs focusing on different skills such as maths, robotics, leadership, creativity and so on (each a “Program”).

Programs are provided through live instruction from qualified educators via online conferencing (“Classes”), and can involve interactive learning activities, collaborative projects with other Students, working on Learning Kits under supervision. All Classes are video recorded, and may be used in Moonpreneur’s social media channels, and in various Moonpreneur initiatives such as podcasts, and competitions, with appropriate consents set forth in our Privacy Policy.

2. PRIVACY POLICY

Our Privacy Policy describes how we handle the personal and business information you provide to us when you register for our Website or Platform. You understand that through your use of our Website or Platform, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the US, India, and/or other countries for storage, processing and use by Moonpreneur and our affiliates.

3. ELIGIBILITY & ACCESS RESTRICTIONS

To be eligible to use our Website or Platform, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older, and for under 18 Users with Parental Consent; (b) are not currently restricted from accessing our Website or Platform, or not otherwise prohibited from having an account; (c) are not our competitor, or are not using our Website or Platform for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website or Platform.

4. REGISTRATION

To access and use our Platform, you must register for an account by providing accurate, current, and complete information.

For setting up an account, Users will be required to enter their full name, phone email address. We require that Parents of Students register with the Parents’ credentials; we do not knowingly request or collect any children’s data. Once you register for an account, and subject to us receiving the signed Parental Consent Form from you, we will email you login credentials to be used by the Student on the Platform. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

For setting up an account to attend a Workshop, we will send a link to the Parent’s email address to log in to the Workshop.

You may not share your account or login information with any other person, nor allow any third party to access your account. If you create an account or access the Platform on behalf of another individual or entity, you represent and warrant that you have the legal authority to bind that person or entity to this Agreement. You agree to promptly update your account information to ensure it remains accurate and complete at all times.

5. SERVICE LICENSE

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website or Platform to: (a) download, install, and use our Platform for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website or Platform and content made available in or otherwise accessible through our Website or Platform, strictly in accordance with this Agreement.

You will not use, copy, adapt, modify, prepare derivative works based upon our Website or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or Platform, except as expressly permitted in this Agreement.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO MOONPRENEUR FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE OR PLATFORM.

6. ACCESS AND SERVICE RESTRICTIONS

You agree that our Platform, including but not limited to the Website, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Moonpreneur and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement.

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website or Platform, in any manner, and you will not exploit our Website or Platform in any unauthorized way whatsoever, including but not limited to, using our Website or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website or Platform.

7. RESERVATION OF RIGHTS

You acknowledge and agree that our Website and Platform are provided for your use. Except to the extent necessary to access and use our Website or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website or Platform, whether expressly, by implication, estoppel, or otherwise. Moonpreneur and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

8. USER WORK AND INTELLECTUAL PROPERTY

The Parties acknowledge that the Programs and Workshops are educational activities in which Users may develop, share, and discuss ideas, concepts, projects, and other work product (“User Work”) as part of a learning environment. All such User Work is created for educational and instructional purposes and may incorporate or build upon general knowledge, publicly available information, and ideas contributed by other Users.

Accordingly, each User agrees that the use, discussion, display, or incidental similarity of ideas, concepts, or elements of User Work within the context of the Services shall not be deemed to give rise to any claim of intellectual property infringement, misappropriation, or ownership against the Company, its instructors, or other participants, provided that no party knowingly copies or exploits proprietary materials outside the scope of the educational activities.

Moonpreneur does not guarantee the confidentiality or protection of ideas, concepts, or materials shared in group or collaborative settings in the Workshops or in the use of the Services. Participation in the Workshops or use of the Services does not create any obligation on the part of Moonpreneur to protect or enforce any intellectual property rights of Users.

Nothing in this Section is intended to transfer ownership of any independently created intellectual property, and each User retains ownership of their original work, subject to the foregoing limitations.

9. ACCESS RIGHTS

You can access and use our Website at https://moonpreneur.com/. When downloading and using our Platform, you are required to provide us with registration information including personal information. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement and/or our Privacy Policy. You agree to cooperate with us if the security of our Website or Platform is compromised by you or another person through the use of our Website or Platform. We will not be liable for any loss or damage arising from your failure to comply with this Section.

We collect personal and business information (as set forth in our Privacy Policy), which we need, from you when you register to use our Website or Platform. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within thirty (30) days of receiving your request. Also, upon your prior written request, we will delete any such information within thirty (30) days of receiving your request. Please send your requests to us at customersupport@moonpreneur.com.

10. LEARNING KITS AND SAFETY

When you participate in our Workshop or Programs, we provide Learning Kits for Students which can include batteries, electronics and electronic parts. Users agree and understand that the Learning Kits:

  1. (i) Are designed for educational purposes only
  2. (ii) Are not toys and should be used with appropriate adult supervision
  3. (iii) May contain small parts that could present a choking hazard for young children
  4. (iv) May require basic assembly and the use of simple tools
  5. (v) Must be used in accordance with instructions provided with the Learning Kits
  6. (vi) Discontinue use if any part of the Learning Kits becomes damaged
  7. (vii) Contact Moonpreneur at customersupport@moonpreneur.com immediately if you discover any defect or safety concern

Battery Usage and Safety:

  1. (i) Only use the type and size of batteries specified in the Learning Kit instructions
  2. (ii) Adult supervision is required when installing or replacing batteries
  3. (iii) Do not mix old and new batteries or different types of batteries
  4. (iv) Remove batteries when the Learning Kit is not in use for extended periods
  5. (v) Properly dispose of used batteries according to local regulations
  6. (vi) Moonpreneur is not responsible for any damage caused by battery leakage, improper installation, or misuse.

11. REQUIRED CONDUCT AND PROHIBITED CONDUCT

As a condition to access our Website or Platform, you agree to this Agreement and to strictly observe the following:

a. Required Conduct

  1. i. Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
  2. ii. Provide accurate information to Moonpreneur and update from time to time as may be necessary;
  3. iii. Review our Privacy Policy; and
  4. iv. Review and comply with notices sent by Moonpreneur, if any, concerning our Website or Platform.

b. Prohibited Conduct

  1. i. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website or Platform (excluding any user content);
  2. ii. Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website Platform, Learning Kits, or any part thereof;
  3. iii. Utilize information, content or any data you view on and/or obtain from our Website or Platform to provide any service that is competitive with us;
  4. iv. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Moonpreneur unless you have entered into a written agreement with us;
  5. v. Adapt, modify, or create derivative works based on our Website or Platform or technology underlying our Website or Platform, or other users’ content, in whole or in part;
  6. vi. Rent, lease, loan, trade, sell/re-sell access to our Website or Platform or any information therein, or the equivalent, in whole or part;
  7. vii. Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
  8. viii. Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
  9. ix. Use automated methods to add contacts or send messages;
  10. x. Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
  11. xi. Attempt to or actually access our Website or Platform by any means other than through the interface provided by Moonpreneur;
  12. xii. Attempt to or actually override any security component included in or underlying our Website or Platform;
  13. xiii. Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
  14. xiv. Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website or Platform, including those of both Moonpreneur or any of our licensors;
  15. xv. Use any information obtained from our Website or Platform to harass, abuse, or harm another user; or
  16. xvi. Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.

12. MOONPRENEUR COMMUNICATIONS

You understand and agree that you may receive information and push notifications from Moonpreneur via email, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not Moonpreneur.

a. Email Contact. We may send promotional messages about us and our products and services related to our Website and Platform to your email. When you send us a query email, you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email address, you agree with these Terms of Service and our Privacy Policy.

b. Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Website and Platform.

13. PAYMENT AND REFUNDS

Moonpreneur offers one (1) free trial class to our new Users to give an opportunity to experience the services provided by us. Only one (1) free trial class is permitted per new Student. Multiple availment of trial classes by an individual either through his/her own account or through someone else’s accounts, email IDs and/or in any other manner whatsoever, without the prior written permission of Moonpreneur shall amount to a breach of this Agreement. Any free trial class provided will also be governed by this Agreement.

For accessing and using our Website and Platform, we offer monthly and annual pricing plans which can be found at https://moonpreneur.com/pricing, and as may be updated from time to time (“Program Fees”). In addition, we charge a one-time registration fee (“Registration Fees”). Program Fees and Registration Fees are collectively referred to as “Fees”. Company reserves the right to change any Fees at its discretion at any time.

Refunds are calculated based on converting the subscription to a monthly subscription i.e. without any discounts offered on annual or long term subscriptions. For example, if you decide to cancel while the Student is in the second paid month of an annual subscription, you will be charged for two months at the monthly rate applicable at that time.

Moonpreneur attempts to process and complete refund requests within 15 days from the time of receiving the refund request. The refund process may include a feedback call to user and validation of key information that may be required by Moonpreneur to process the refund request. All refunds are charged a 5% processing fee.

In the event that we modify the Fees in the future, we will communicate such modification to you as per the procedure detailed under Section 1 or as otherwise specified in another agreement between Moonpreneur and you.

Pausing Subscription: Customer may request to temporarily pause its subscription by providing at least fifteen (15) days’ prior written notice to Company. Any such pause may be exercised no more than once in any twelve (12)-month period during the Term. The duration and terms of any approved pause shall be subject to Company’s written confirmation and may include continued payment obligations or other conditions as specified by Company.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold Moonpreneur and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Moonpreneur and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.

15. DISCLAIMERS

Your access to and use of our Website and Platform or any content are at your own risk. You understand and agree that our Website and Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website or Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website or Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website or Platform; and (iv) whether our Website or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website or Platform, will create any warranty or representation not expressly made herein.

MOONPRENEUR DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR WEBSITE OR PLATFORM, BUT MOONPRENEUR WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL MOONPRENEUR BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT.

16. LIMITATION OF LIABILITY

You acknowledge and agree that, in no event shall Moonpreneur be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website or Platform, including, without limitation, any information made available through our Website or Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received in the three (3) month period preceding the event giving rise to liability under this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website or Platform.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOONPRENEUR DISCLAIMS ALL LIABILITY FOR ANY INJURIES, DAMAGES, OR LOSSES ARISING FROM THE USE OR MISUSE OF THE LEARNING KITS. USERS ASSUME ALL RISK ASSOCIATED WITH THE ASSEMBLY, USE, AND STORAGE OF THE KITS.

17. TERM AND TERMINATION

(a) Term. This Agreement shall commence on the date you start using our Platform and Services, either as part of a Workshop or any Program.

(b) Termination.

(i) You may terminate this binding legal Agreement with Moonpreneur at any time, subject to cancellation charges, by applying for cancellation in the LMS or emailing cancellation@moonpreneur.com. All Fees are nonrefundable and noncancellable.

We reserve the right to suspend or terminate your account or cease providing you with access to all or part of our Website or Platform at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement or our Privacy Policy, (ii) you create risk or possible legal exposure for Moonpreneur; or (iii) our provision of our Website or Platform to you is no longer commercially viable.

(c) Effect of Termination.

  1. (i) Cessation of Access: All licenses to access and use the Platform shall immediately terminate, and User shall promptly cease all use of the Website and Platform.
  2. (ii) Customer Data Export: Upon written request made within thirty (30) days after the effective date of termination, Moonpreneur will make User data available for export or download in a commonly used, machine-readable format. After such 30-day period, Moonpreneur shall have no obligation to retain or provide User data and may delete it in accordance with subsection (iii), unless otherwise required by applicable law.
  3. (iii) Secure Data Deletion: Moonpreneur shall permanently delete all User data in its possession or control within a commercially reasonable time following the termination or expiration of this Agreement, unless otherwise required by applicable law. Deletion shall be performed in accordance with industry-standard security practices.
  4. (iv) Survival: Any provisions of this Agreement that by their nature should survive termination (including but not limited to confidentiality, limitation of liability, and payment obligations accrued prior to termination) shall survive.

18. ASSIGNMENT

This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void. Moonpreneur may assign this Agreement, in whole or in part, to any third party, including without limitation in connection with a merger, acquisition, sale of assets, corporate reorganization, or by operation of law, without your consent.

19. ANTI-BRIBERY AND EXPORT COMPLIANCE

You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions.

Accordingly, we reserve the right to deny access, signup, or subscription to users from sanctioned jurisdictions.

Restricted Countries: Cuba, Iran, North Korea, Syria, Russia and Belarus.

By using our Website or Platform, you certify that you are not located in, under the control of, or a resident of any of these restricted jurisdictions and are not subject to any U.S. government sanctions.

20. MODIFICATIONS

We reserve the right, at our sole discretion, to change or modify these Terms of Service at any time. In the event we modify these Terms of Service, such modifications shall be binding on you if you continue using our Website or Platform. We will post a modified version of this page on our Website and changes are effective immediately after they are posted on this page. We will inform you about material modifications via email, or by a comparable means within a reasonable time period. Your continued use of our Website, or Platform and services shall constitute your consent to such changes.

21. RELATIONSHIP OF PARTIES

The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind Moonpreneur to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of Moonpreneur.

22. GOVERNING LAW

This Agreement shall be governed by the law of the State of Delaware, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 23.

23. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MOONPRENEUR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

a. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Moonpreneur agree (a) to waive your and Moonpreneur’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website or Platform, resolved in a court, and (b) to waive your and Moonpreneur’s respective rights to a jury trial. Instead, you and Moonpreneur agree to arbitrate Disputes through binding arbitration.

b. No Class Arbitrations, Class Actions or Representative Actions

You and Moonpreneur agree that any Dispute arising out of or related to these Terms of Service or use or access of our Website or Platform is personal to you and Moonpreneur and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

c. Federal Arbitration Act

You and Moonpreneur agree that these Terms of Service affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

d. Notice; Informal Dispute Resolution

You and Moonpreneur agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Moonpreneur shall be sent by certified mail or courier to Moonpreneur, Attn: Alok Jain, CEO, 691 S Milpitas Blvd, STE 217 Milpitas CA 95035, USA.

e. Process

You and Moonpreneur agree that (a) any arbitration will occur in San Francisco County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

f. Authority of Arbitrator

As limited by the FAA, these Terms of Service and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service.

g. Rules of AAA

The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Service, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

h. Severability

If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable.

i. Opt-Out Right

YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: MOONSHOT JUNIOR, INC. AT, 691 S MILPITAS BLVD, STE 217 MILPITAS CA 95035, USA. RE: OPT-OUT. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 22.

24. MISCELLANEOUS

This Agreement along with our Privacy Policy constitutes the entire agreement between you and Moonpreneur and supersedes any prior agreements between you and Moonpreneur with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Except as explicitly stated otherwise, any notices to Moonpreneur shall be given by certified mail, postage prepaid and return receipt requested to Moonshot Junior, Inc. at, 691 S Milpitas Blvd, STE 217 Milpitas CA 95035, USA.