The Materials on the website (the “Site”) are provided by Casio Canada Ltd (“Casio”) as a service to its customers and may be used for informational purposes only. All uses of the Materials or the Site are subject to the terms and conditions of these Legal Terms of Website Use (the “Terms”). By viewing the Site or downloading any Materials from the Site, you agree to these Terms. If you do not agree to the Terms, do not view the Site or download any Materials from it.
1. LICENSE. You may browse the Site for personal entertainment and information. You may not distribute, reproduce, modify, transmit, communicate, translate or revise the contents of the Site without the written permission of Casio.
2. PROTECTED INFORMATION. The Materials at the Site are copyrighted and protected by trademark and other intellectual property laws. Any unauthorized use may violate copyright, trademark, and other laws. No title nor intellectual property rights are transferred to you or any third party through the use of or access to the Site. All rights, title, and interest in and to all aspects of the Site remain the sole property of Casio or its authorized third-party suppliers and service providers. You may download one copy of the text, graphics, sounds, files, software or other information found on the Site (the “Materials”) on a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Casio in writing or as allowed by any license terms that accompany or are provided with the individual Materials. Under the Terms, you are granted a limited license, not a transfer of title, and your license is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent such restriction is prohibited by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person.
3. NO WARRANTY. THE MATERIALS AND THE SITES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Casio and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. Casio may make changes to the Materials and the Site at any time without notice. Casio makes no commitment to update the Materials or the Site. Neither Casio nor its third-party suppliers or service providers warrant that the Site or associated server computers are free of viruses or other harmful components. You solely (and not Casio) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Site.
4. DISCLAIMER. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY IN SOME CIRCUMSTANCES, THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CASIO BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF CASIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. USER SUBMISSIONS.
6. USER REPRESENTATIONS; INDEMNIFICATION.
a. You represent and warrant that: (a) the information you provide to Casio on any forms on the Site is true and accurate; (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Site; (c) you will not use the Site in connection with making Communications or otherwise, to infringe, misappropriate or violate the rights of Casio or third parties; (d) you will only make Communications of information to which you have sufficient rights to grant the license set forth in Section 5., above; (e) you will not knowingly include in Communications or otherwise introduce to the Site, any viruses or other items of a destructive nature; (f) you will not include any personal information of another individual in a Communication without the express consent of such other individual; and (g) you will comply at all times with these Terms for the Site as they may be amended from time to time by Casio.
d. You agree that with respect to any special promotions, coupon offers, sweepstakes, or other like activities offered on the Site, that you will abide by the rules established by Casio for such activities as described on the Site. For coupon offers, you agree to only print the authorized number of coupons as specified by the particular promotion on the Site.
e. You will indemnify and hold harmless Casio against any and all judgments, settlements, penalties, costs and expenses (including legal costs and fees) paid or incurred in connection with claims due to, resulting from or arising in connection with Communications made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, (b) violation of any privacy rights of any third party; and (c) errors in or omissions from such Communications.
7. USE OF MARKS. Casio only purports to use names, logos or marks appearing in the Site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. Casio does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use or misuse of these trademarks or any other Materials is strictly prohibited.
8. TERMINATION OF THIS LICENSE. Casio may terminate this license at any time if you are in breach of these Terms. Upon termination, you will immediately destroy any copies of the Materials in your possession.
10. LINKS TO / FROM OTHER SITES.
a. Third party sites may be linked to or from the Site. Such linked sites are not under the control of Casio, and Casio is not responsible for the content of any linked site or any link contained in a linked site. Casio reserves the right to terminate any link or linking program at any time. Casio does not endorse companies or products to which it links, unless it expressly states otherwise. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.
b. You may provide links to the Site from other sites provided that (a) you link only to the Site’s home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on the Site, (c) you give Casio notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to the Site if requested by Casio.
a. Casio makes no representation that Materials in the Site are appropriate or available for use in locations other than Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of Canadian or U.S. export laws and regulations.
b. To the extent not prohibited by applicable laws, these Terms are governed by the laws of the Province of Ontario, excluding conflicts of law provisions, and the federal laws of Canada applicable therein. To the extent not prohibited by applicable law, all claims arising out of or in any way related to these Terms will be submitted to the non-exclusive jurisdiction of the court of competent jurisdiction in the City of Toronto, Ontario, and you and Casio submit to personal jurisdiction in those courts.
b. Casio may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by additional express legal notices or terms posted on particular pages of the Site. Continued use of the Site following any change constitutes acceptance of the change.
c. You may terminate your access to the Site at any time. Casio may suspend or discontinue providing the Materials to you with or without cause and without notice. Casio may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
d. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Site by Casio. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Site; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Site. Except as expressly directed otherwise by Casio herein or elsewhere in the Site, notices to Casio should be sent to: Casio Canada Ltd, 141 McPherson Street, Markham, Ontario, L3R 3L3.
e. The failure of Casio to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
f. You may not assign your rights or delegate your duties under these Terms.
g. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.
h. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Site will in any event remain valid and enforceable.
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