Terms of Use
Last updated March 12, 2024
These Terms of Use (“Terms”) govern your access to and use of the website at https://www.casioeducation.com and any sub-domains thereof (“the Site”). The Site is operated by Casio America, Inc.’s EdTech Division (referred to as “Casio”, “we”, “our” or “us”).
These Terms are subject to change without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated” date referenced above. Your continued use of the Site on or after the Last Updated Date will constitute your acceptance of and agreement to the Terms.
This Site is offered and available to users who are at least 18 years of age and who reside in the United States or any of its territories or possessions. If you do not meet these requirements, please do not access or use the Site.
NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER WITH RESPECT TO ANY AND ALL DISPUTES YOU MAY HAVE WITH US RELATING TO THE SITE. PLEASE SEE SECTION 12 BELOW FOR MORE DETAILS.
1. ACCESS TO AND USE OF THE SITE
We reserve the right to withdraw or amend this Site, and any goods or services we provide via the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including user account access, to some parts of the Site or the entire Site.
To access the Site or some of the resources it offers, you may be asked to create an account. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to create an account and to use the Site, is governed by our Privacy Policy , and you consent to all actions we take with respect to your personal information consistent with our Privacy Policy or other notice that we provide to you are the time we collect your personal information.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Site.
These Terms permit you to use the Site for your personal, non-commercial use only.
2. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than those purposes for which we make the Site available. Without limiting the foregoing, as a user of the Site, you agree not to:
(a) Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your internet browser for display enhancement purposes; and (iii) if we provide social media features with certain content, you may take such actions as are enabled by such features.
(b) Use someone else’s log-in information to access the Site.
(c) Attempt to impersonate another user or person or use the username of another user.
(d) Trick, defraud, or mislead us or other users, especially in any attempt to learn account information or personal information.
(e) Use the Site as part of any effort to compete with us or otherwise use the Site and/or content on the Site for any revenue-generating endeavor or commercial enterprise.
(f) Engage in unauthorized framing of or linking to the Site.
(g) Use any information obtained from the Site in order to harass, abuse, intimidate, threaten or harm another person.
(h) Delete the copyright or other proprietary rights notice from any content on the Site.
(i) Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that: (i) prevent or restrict the use or copying of any content; (ii) enforce limitations on the use of the Site and/or the content contained therein; or (iii) prevent or restrict access to any portion of the Site.
(j) Copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way comprising a part of the Site.
(k) Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
(l) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
(m) Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or otherwise engages in data gathering.
(n) Use the Site or its content in a manner inconsistent with any applicable laws or regulations.
3. INTELLECTUAL PROPERTY
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Casio, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The name Casio and all related names, logos, product and service names, designs, and slogans are our trademarks or our affiliates’ or licensors’ trademarks. You must not use such marks without the prior written permission of Casio. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners, and you must not use such marks without the owner’s written permission.
No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights are reserved by us. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms and may violate copyright, trademark, and other laws.
4. LINKS TO THE SITE
If you wish to place a link to the Site on other sites, you are permitted to do so provided that the link is not used in a manner that is deceptive, confusing, for a commercial purpose, or in violation of applicable law.
5. LINKS TO OTHER WEBSITES
The Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Casio or our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Site does not imply any endorsement of the sites or any goods or services on the sites.
6. SUBMISSION OF CONTENT VIA THE SITE
We may invite you to contribute to or participate in online reviews, discussion forums, and other user functionality, and may provide you with the opportunity to create, submit, post, display, transmit, publish, or distribute information and content on the Site or on our social media pages (collectively, “Contributions”). Please note that all Contributions on the Site are monitored by us. We use automated tools to help us monitor discussion boards, comments, reviews, and other Contributions for acceptable use and appropriate content. We reserve the right to reject, delete, modify, or redact any Contributions for any reason in our sole discretion.
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you submit are considered to be non-confidential. We suggest you exercise caution in posting detailed personal information about yourself.
When you submit, create or make available any Contributions, you represent and warrant that:
(a) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use the Contributions in any manner contemplated by the Site and these Terms.
(b) You are providing Casio with a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully-paid-up license to: (i) use, make, sell, execute, reproduce, display, perform, prepare derivative works based upon, and distribute (internally and/or externally) copies of your Contributions and their derivative works; and (ii) authorize others to do any, some, or all of the foregoing.
(c) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
(d) Your Contributions are not false, inaccurate, or misleading.
(e) Your Contributions are not obscene, lewd, violent, harassing, libelous, slanderous, offensive, or encouraging of violence.
(f) Your Contributions do not violate the legal rights of any third party.
(g) Your Contributions do not advocate the violent overthrow of any government.
(h) Your Contributions do not violate any applicable law.
(i) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
(j) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in any manner.
7. COPYRIGHT INFRINGEMENT
If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided at the end of these Terms (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the Notification must include substantially the following:
-
your physical or electronic signature;
-
identification of the copyrighted work you believe to have been infringed;
-
identification of the material on the Site that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
-
your contact information including your name, mailing address, telephone number and, if available, e-mail address;
-
a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
-
a statement that the information in the notice is accurate; and
-
a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
-
If you do not comply with these requirements, your Notification may not be effective. If you knowingly misrepresent that materials on the Site infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
8. SECURITY
Although Casio uses reasonable measures to ensure that the Site is secure and free of errors, viruses and other malware, all users are advised to take precautions for their own security and that of their devices. Information sent over the internet can never be guaranteed to be 100% secure. Casio shall have no responsibility or liability for the security of any information you provide via the Site.
9. DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, DOCUMENTS, PRODUCTS OR SERVICES ON THE SITE; (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF MERCHANTABILITY, OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (3) ANY WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THE SITE OR ANY PART OF IT; (4) ANY WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; AND (5) WARRANTIES RELATING TO WEBSITES TO WHICH THE SITE IS LINKED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. LIMITATION OF LIABILITY
In no event will Casio (including its current and former shareholders, directors, officers, employees and agents) or any third-party provider be liable to you in relation to the Site for any indirect, incidental, special, exemplary or consequential damages (including without limitation loss of profits, loss of business opportunity, loss of revenues or savings, loss of data or costs of recreating lost data) whether based on contract, tort or any other legal theory, even if we have been advised of the possibility of such damages. This limitation upon damages and claims is intended to apply without regard to whether other provisions of the Terms have been breached or have been held to be invalid or ineffective.
11. LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to the Site or these Terms of Use must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
12. DISPUTE RESOLUTION, MANDATORY BINDING ARBITRATION, AND CLASS ACTION WAIVER
In the event you have an issue or a complaint regarding the Site, please contact us at edtech@casio.com so that we may try to address your concern. If we are unable to resolve the issue, all disputes relating to your use of the Site shall be resolved as described below.
PLEASE READ CAREFULLY – THIS SECTION CONTAINS A WAIVER OF CERTAIN RIGHTS YOU MAY HAVE.
YOU AND CASIO ARE AGREEING TO MANDATORY BINDING ARBITRATION. THIS MEANS YOU AND WE GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. YOU AND WE ARE AGREEING TO WAIVE ANY RIGHT TO A JURY TRIAL.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Arbitration Process. If you are an individual and the dispute relates to less than $75,000 (USD) amount in controversy, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules (the “AAA Consumer Rules”) then in effect, except as modified by this Section. The AAA Consumer Rules are available at www.adr.org/consumer or by calling the AAA at 1-800-778-7879. If you are either not an individual or the disputes relates to $75,000 (USD) or more in controversy, the arbitration will be administered by AAA in accordance with its Commercial Arbitration Rules then in effect, except as modified by this Section.
The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS OF MULTIPLE PARTIES IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Arbitration Costs. For an arbitration administered pursuant to the AAA Consumer Rules, absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), we will pay all arbitration filing fees and arbitrator’s fees upon your written request given prior to the commencement of the arbitration.
For all arbitrations, you are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorney’s or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
Small Claims Court. Notwithstanding the foregoing, you may elect to pursue your claim in small claims court rather than arbitration if your claim is within the jurisdiction of the small claims court and you provide us with written notice of your intention to do so before filing. The small claims court proceeding will be limited solely to your individual dispute or controversy.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Casio, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
14. GOVERNING LAW
Except where otherwise required by applicable law, these Terms of Use and all disputes arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the United States and the State of New York without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the United States and the State of New York.
15. ENTIRE AGREEMENT
These Terms of Use and our Privacy Policy are the final and integrated agreement between you and us with respect to you access to and use of the Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
16. CONTACT US
You may contact us at:
Casio America, Inc. EdTech Division
​
or mail to:
​
Casio America, Inc. EdTech Division
570 Mount Pleasant Avenue
Dover, NJ 07920