The fine print
All our policies and technicalities in one helpful place.
Effective Date of Current Policy: Feb 18, 2021
This Policy applies to Personal Information that is Processed by Cassarokids in the course of our business, including on Cassarokids websites (each a “Site”), mobile applications, and other online, offline or in-store offerings (together with any and all future online and offline offerings operated by or on behalf of Cassarokids, the “Services”). ”Personal Information” is any information relating, or reasonably capable of being linked, directly or indirectly, to an identified or identifiable natural person or household. All individuals whose responsibilities include the Processing of Personal Information on behalf of Cassarokids are expected to protect that data by adherence to this Policy. This Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions. Cassarokids adheres to the Industry Standard Privacy Principles with respect to such data.
3. TRANSPARENCY/NOTICE – TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with Cassarokids and the requirements of applicable law. Some of the ways that Cassarokids may collect Personal Information include:
You may provide Personal Information directly to Cassarokids through interacting with the Services, participating in surveys, during events, and requesting products, Services, or information.
As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
We endeavor to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.
3.1 TYPES OF PERSONAL INFORMATION WE COLLECT
Cassarokids collects Personal Information regarding its current, prospective, and former clients, customers, users, visitors, guests, and Employees (collectively ”Individuals”).
Information You Provide Directly to Us. When you use the Services or engage in certain activities, such as registering for an account with Cassarokids, requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:
Purchases. When you purchase products or services from Cassarokids online or in-store, you must provide us with Personal Information, such as your name, email address, and mailing address that are associated with your debit/credit card. Please note that we do not store credit/debit card numbers.
Communications with Us. We may also collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our products and Services, register for a newsletter or loyalty program that we may offer from time to time, contact customer service or otherwise communicate with us.
Surveys. From time to time, we may contact you to participate in online surveys, product or service reviews, or in-person interviews and focus groups. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys or interviews is provided by you voluntarily. We may use such information to improve our products, Sites and/or services and in any manner consistent with the policies provided herein.
Posting on the Site. We collect information you post through the Site. For example, when you interact with other users or the Site by posting a review or other materials, the Site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Site, such content will be considered ”public” and will not be subject to the privacy protections set forth herein.
Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile advertising identifiers, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. To the extent devices transmit location data through GPS, Bluetooth, or WiFi signals, we may also collect this data.
Promotion and Giveaways. Occasionally we will partner with third parties on social media and online channels to sponsor giveaways and promotions. Terms and conditions will accompany each giveCassarokids and promotion, and it is the responsibility of all entrants to read the terms and conditions and privacy policies carefully. If you choose to share your information in order to participate in a giveCassarokids or promotion, your entry information may be shared with such third parties.
Information from Other Sources. We may receive information about you from other sources, including through Third-Party services and organizations, which may supplement information provided by you. This supplemental information can allow us to verify information that you have provided to Cassarokids and enhances our ability to provide you with information about our business, products, and Services. For example, if you access Third-Party services, such as Facebook or Twitter, to login to the Services or to share information about your experience with Cassarokids, we may collect information from these Third-Party services in accordance with the authorization procedures and privacy settings you establish with such services.
3.2 HOW CASSAROKIDS USES YOUR INFORMATION
We acquire, hold, use, and Process Personal Information about Individuals for a variety of business purposes, including:
To Provide Products, Services, or Information Requested: Cassarokids may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including to:
Generally manage Individual information and accounts;
Respond to questions, comments, and other requests;
Support the tracking and recovery of your Cassarokids and/or other products;
Provide access to certain areas, functionalities, and features of Cassarokids’s Services;
Allow you to register for events.
Administrative Purposes: Cassarokids may use Personal Information about you for its administrative purposes, including to:
Measure interest in Cassarokids’s Services;
Develop new products and Services;
Ensure internal quality control;
Verify Individual identity;
Communicate about Individual accounts and activities on Cassarokids’s Services and systems, and, in Cassarokids’s discretion, changes to any Cassarokids policy;
Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
Process payment for products or services purchased;
Process applications and transactions;
Comply with regulatory requirements, including collecting and using information relating to adverse effects you have experienced when using our products;
Prevent potentially prohibited or illegal activities;
Enforce our Terms and Conditions.
Marketing Cassarokids Products and Services: Cassarokids may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content, products, or Services. Cassarokids may provide you with these materials via online social platforms, websites, phone, text/SMS, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:
To tailor content, advertisements, and offers;
To notify you about offers, products, and services that may be of interest to you;
To provide Services to you and our sponsors;
For other purposes disclosed at the time that Individuals provide Personal Information; or
Otherwise with your consent.
You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 5 below.
Research and Development: Cassarokids may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. From time to time, Cassarokids may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may receive periodic emails, referral offers, newsletters, mailings, or phone calls from us with information on Cassarokids’s or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 5 below.
Mobile Devices. From time to time, Cassarokids may provide Services that are specifically designed to be compatible and used on mobile devices. Cassarokids will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings and the operating system of your device. Mobile versions of Cassarokids’s Services may require that users log in with an account. In such cases, information about use of mobile versions of the Services may be associated with user accounts. In addition, Cassarokids may enable Individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to Cassarokids to enable Individuals to access user accounts and to enable Cassarokids to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. Cassarokids may use personal or non-identifiable information transmitted to Cassarokids to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Policy or in other notices Cassarokids provides.
Anonymous and Aggregated Information. Cassarokids may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Cassarokids’s Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and Cassarokids may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Cassarokids and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
Information Submitted Via Services. You agree that Cassarokids is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Cassarokids will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Sharing Content with Friends or Colleagues. Cassarokids’s Services may offer various tools and functionality. For example, Cassarokids may provide functionality on its Services that will allow you to forward or share certain content with a friend or colleague. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Cassarokids or any other third parties for any other purpose.
Other Uses. Cassarokids may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
3.3 COOKIES, PIXEL TAGS/WEB BEACONS, AND ANALYTICS INFORMATION
Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting and other providers to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. Google Analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
3.4 THIRD-PARTY SITES AND SOCIAL MEDIA PLATFORMS
The Site may contain links to other websites and other websites may reference or link to our Site or other Services. These other domains and websites are not controlled by us, and Cassarokids does not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
The Site and our other Services may also contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Site or other Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
4. ONWARD TRANSFER – Cassarokids MAY DISCLOSE YOUR INFORMATION
4.1 INFORMATION WE SHARE
We may share your information as described in this Policy (e.g., with our Third-Party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Site. Cassarokids has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
Business Partners. Cassarokids may share Personal Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested Cassarokids may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Cassarokids’s name. Cassarokids requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Cassarokids provided them.
Displaying to Other Users. The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.
Marketing. Interest-Based Advertising and third party marketing. Through our Services, Cassarokids may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Cassarokids related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
Disclosures to Protect Us or Others (e.g., As Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requirements and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Cassarokids policies or contracts; (v) to collect amounts owed to Cassarokids; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. Should such an event occur, Cassarokids will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Policy in effect at the time such Personal Information was collected.
4.2 DATA TRANSFERS
All Personal Information collected via or by Cassarokids may be stored anywhere in the world, including but not limited to, in the United States, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Cassarokids, you consent to the storage of your Personal Information in these locations.
5.1 E-MAIL AND TELEPHONE COMMUNICATIONS
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain communications regarding Cassarokids and our Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms and Conditions or this Policy).
We maintain telephone ”do-not-call” and ”do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.
5.2 DO NOT TRACK
Do Not Track (”DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
5.3 COOKIES AND INTEREST-BASED ADVERTISING
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.
6. EUROPE PRIVACY RIGHTS
If you are a resident of the European Economic Area, including the European Union and Switzerland, please review these additional privacy disclosures which provide information about your rights under the EU General Data Protection Regulation (GDPR).
Cassarokids is the data controller with respect to any data transferred from the European Economic Area to the United States. Under the GDPR, you have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You also have the right to correct, amend, or delete the personal information we hold about you. If you wish to access, correct, amend, or delete Personal Information about you, or if you have any other inquiries or complaints, please email hello@Cassarokids.com or you can contact Cassarokids via post at:
17415 Major St.Houston, TX 77061
Except as provided in this policy, we will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to hello@Cassarokids.com.com.
Although Cassarokids makes good faith efforts to respect requests from Individuals to access or delete their Personal Information, there may be circumstances in which Cassarokids is unable to provide access or deletion, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If Cassarokids determines that access or deletion should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Cassarokids will take commercially reasonable steps to verify your identity before granting access or making any changes to your Personal Information.
7. CALIFORNIA PRIVACY RIGHTS
If you are a California resident, please review these additional privacy disclosures, which provide a summary of how we collect, use, and disclose Personal Information about you and explain your rights under California law.
7.1 CATEGORIES OF INFORMATION WE COLLECT, USE, AND DISCLOSE FOR BUSINESS PURPOSES
We collect the following categories of Personal Information as described in Section 3.1 (Types of Personal Information We Collect) above:
Identifiers, such as name, email address, mailing address, phone number, and IP address.
Commercial information, such as records of purchases and payment information.
Internet or other electronic network activity information, such as log data and information about the devices and computers you use to access the Services.
Geolocation data, such as GPS, Bluetooth, or WiFi signals, where you have allowed access to that information.
Electronic, visual, or similar information, such as photos.
Other information you provide, such as responses to surveys or messages to customer service.
Inferences drawn from any of the above, including about the content or ads that may be of interest to you.
California law requires that we provide transparency about Personal Information we ”sell,” which for the purposes of the California Consumer Privacy Act (CCPA), broadly means scenarios in which Cassarokids has shared Personal Information with partners in exchange for valuable consideration. In the preceding 12 months, we have ”sold” the following categories of personal information: name, email address, phone number.
7.2 YOUR RIGHTS AS A CALIFORNIA RESIDENT
Under the California Consumer Privacy Act (CCPA), California residents have the right to request access to or deletion of their Personal Information, to request additional details about our information practices, to opt out of the ”sale” of Personal Information, if applicable, and to not be discriminated against. Below we explain how you may exercise these rights.
Upon receipt of your request to exercise your rights to access and edit or delete your Personal Information, we will verify your identity to protect your security and privacy. After submitting a request, you will be required to verify your request via email so please monitor your email for a verification code. Note that even if we honor your request to delete your information, we may retain certain information as required or permitted by law, such as to ensure that we can honor our product warranty.
7.3 SHINE THE LIGHT
If you are a California resident, you also have the ability to ask us, once per year and free of charge, for a notice identifying the categories of Personal Information, as defined by California Civil Code Section 1798.83, we share with third parties for their direct marketing purposes and the contact information for such third parties. If you would like a copy of this notice, please email us at hello@Cassarokids.com. Cassarokids only shares Personal Information with third parties for their own marketing purposes as described herein or as you may consent.
8. SECURITY OF YOUR INFORMATION
By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.
Cassarokids retains the Personal Information we receive as described in this Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our products and services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
10. CHILDREN’S PRIVACY
We do not knowingly collect, maintain, or use Personal Information from children under 13 (and in certain jurisdictions under the age of 16) years of age, and no part of the Site is directed to children under the age of 13 (and in certain jurisdictions under the age of 16). If you learn that your child has provided us with Personal Information without your consent, you may alert us at hello@Cassarokids.com. If we learn that we have collected any Personal Information from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information and terminate the child’s account.
11. INTERNATIONAL USERS
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your Personal Information, you consent to any transfer and processing in accordance with this Policy.
12. OTHER RIGHTS AND IMPORTANT INFORMATION
New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, Cassarokids will endeavor to comply with the law or contract.
This Policy shall be implemented by Cassarokids and all its operating divisions, subsidiaries and affiliates. Cassarokids has put in place mechanisms to verify ongoing compliance with Industry Standard Privacy Principles and this Policy. Any Employee that violates these privacy principles will be subject to disciplinary procedures.
The following capitalized terms shall have the meanings herein as set forth below.
”Agent” means any entity that Processes Personal Information pursuant to the instructions of, and solely for, Cassarokids or to which Cassarokids discloses Personal Information for use on its behalf.
”Employee” refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of Cassarokids or its subsidiaries worldwide.
”Personal Information” is any information relating to, or reasonably capable of being linked, directly or indirectly, to an identified or identifiable natural person or household (”Individual”).
”Industry Standard Privacy Principles” means the following principles: (1) notice, (2), choice, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access, and (7) recourse, enforcement, and liability.
”Process” or ”Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
”Sensitive Data” or ”Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes Personal Information regarding EU residents that is classified as a ”Special Category of Personal Data” under EU law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual’s sex life; or (8) information relating to the commission of a criminal offense.
Last Updated: August 17, 2020
Please read these Terms carefully because they govern your use of our Site, which includes our online store for Cassarokids products and accessories via our Site, including our magazine, “Here.” They contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.
ARBITRATION AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 16 “DISPUTE RESOLUTION” BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND Cassarokids THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Agreement to Terms. By using the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll post the updated Terms on the Site and indicate at the top of this page the date these Terms were last revised. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. We will notify you of any material changes either through a pop-up notice, e-mail or through other reasonable communications. Your continued use of the Services after the “Last Updated Date,” constitutes your acceptance of the updated Terms. If you don’t agree to be bound by these or the updated Terms, then, except as otherwise provided in Section 17(f) “Effect of Changes on Arbitration,” do not use or access (or continue to use or access) the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Service?
Eligibility. You may use the Services only if you are (1) the older of (i) 18 years of age or (ii) the legal age to form a binding contract with Cassarokids and (2) are not barred from using the Services under applicable law.
Registration and Your Information. You’ll have to create an account if you want to use certain features of the Services (“Account”), such as register for certain giveaways or promotions that we may offer from time to time, post a Product review, or become a member of the Refer-A-Friend Program. You can do this via the Site or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”).
Accuracy of Account Information. You must provide us with accurate, complete and up-to-date information for your Account and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You may never use another person's Account or registration information for the Site without permission. You should never publish, distribute or post login information for your Account. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of your Account. You’re solely responsible for all activities that occur under your Account, whether or not you know about them or have authorized them.
Feedback. We welcome feedback, comments and suggestions for improvements to the Services and Products (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon, sell, publicly display, distribute, and otherwise exploit the Feedback for any purpose.
Purchase of Products. You may purchase Products in our online store accessible on the Site. We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. Cassarokids may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Payments. When you purchase a Product and make a payment via the Site (each such purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor, if applicable) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that (i) you are duly authorized and have the legal right to use all payment method(s) represented by any such Payment Information, (ii) the Payment Information is true, correct and complete, and (iii) you have sufficient funds or credit available upon your initiation of a Transaction to ensure that the purchase price will be collectible by us. When you initiate a Transaction, you authorize us to provide your Payment Information to our third-party payment processor so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
By purchasing, accepting or using a gift card (“Gift Card”) to pay for Products or Services, you agree to be bound by the terms and conditions associated with your Gift Card. Please see the Gift Card terms and conditions located at https://www.cassarokids.com/legal.
Prices. Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you access the Site. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to taxes, pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may also change prices for Products at any time without notice.
Promotions. We may offer promotions from time to time on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the terms specific to the promotion will govern.
Credit. You may receive credit (“Credit”) from Cassarokids, for example, if you return a Product and elect to receive credit rather than a refund or through our Refer a Friend program (but credit cannot be purchased). Credit can be redeemed in-store or applied to an order placed through your Account. Purchase amounts that exceed the value of the Credit will require an additional method of payment to cover the balance of the purchase price. Credit does not expire. You can check your Credit balance by logging into your Account or by contacting firstname.lastname@example.org.
Shipping. Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. Applicable shipping rates will be displayed during the checkout process and you will pay all displayed shipping and handling charges. Shipping restrictions apply (please visit www.cassarokids.com for more information). Title and risk of loss pass to you upon our transfer of the Products to one of our third-party shipping partners for shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns. You may return Products that you purchase via the Site in accordance with Cassarokids’s return policy available on the Site
Third Party Products. From time to time, we may offer for sale on the Site Products manufactured, distributed, created, produced or otherwise provided to Cassarokids by third parties (“Third Party Products”). When you purchase a Third Party Product through the Site, you do so at your own risk. Cassarokids has no control over, and assumes no responsibility or liability for, Third Party Products.
Third Party Websites. The Site may contain links to third-party websites, services or other resources on the Internet that are not owned or controlled by Cassarokids (“Third Party Websites”). The content of such Third Party Websites is developed and provided by others. You should contact the site administrators for those Third Party Websites if you have any concerns regarding such links or any content located on Third Party Websites. If you decide to access Third Party Websites, you do so at your own risk. Cassarokids has no control over, does not make any representations regarding, and assumes no responsibility for, the content, accuracy, privacy policies, materials, or practices of or opinions expressed in any Third Party Websites. In addition, Cassarokids will not and cannot monitor, verify, censor or edit the content of any Third Party Website. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any Third Party Websites.
Warranty. The Products are covered by a limited warranty as described in the Limited Warranty Terms (www.Cassarokids.com/pages/warranty), which are hereby incorporated by this reference. Third Party Products are not covered by Cassarokids’s limited warranty.
Goods Not for Resale or Export. You represent and warrant that you are buying Products from the Site and using the Services for your own personal or household use only, and you will not resell, distribute or export such Products for any commercial purposes.
Offer Codes; Spokespeople; Refer-a-Friend Program.
Offer Codes. From time to time, Cassarokids may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site (“Offer Codes”). Please review the Offer Codes for eligibility and other terms and conditions, which may include expiration dates, Product exclusions or other restrictions. Only valid Offer Codes provided by Cassarokids will be honored by Cassarokids. Each Offer Code offered by Cassarokids (i) is non-transferable, (ii) is valid for one single purchase on the Site, (iii) cannot be combined with other promotions, discounts or offers, and (iv) cannot be redeemed for cash or any cash equivalent. Offer Codes cannot be used towards purchase of non-Cassarokids branded merchandise, taxes, or shipping charges. Cassarokids is not responsible for any unauthorized use of Offer Codes. The monetary value of the Offer Code will not be refunded or credited back if the Product purchased using the Offer Code is returned. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Offer Codes cannot be used in conjunction with the Cassarokids Refer-A-Friend Program.
Offer Codes from Spokespeople. From time to time, Cassarokids may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third-party source, please note that such individual may have been compensated by Cassarokids for his or her statements.
Content Ownership, Responsibility and Removal.
Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Site visitors (including Account holders) provide to be made available through the Services, including Product reviews. User Content also includes Content that explicitly refers to Cassarokids, the Products or the Services that you submit or make available through third-party websites or platforms (“SNS User Content”).
Our Content Ownership. Cassarokids does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Cassarokids and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. The trademarks, service marks, and logos of Cassarokids (the “Cassarokids Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Cassarokids. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with the Cassarokids Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Cassarokids Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Cassarokids Trademark shall inure to our benefit. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, copy, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Cassarokids and its successors and assigns a non-exclusive, transferable, worldwide, royalty-free, fully paid up license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content in connection with operating the Site or promoting, advertising or marketing of the Services in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services. In addition, you hereby grant to Cassarokids a non-exclusive, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your SNS User Content in connection with operating and providing the Services and Content to you and to other Site visitors, whether on the Site or through any other form of media, including, without limitation, Cassarokids’s SNS Accounts, subject to the terms and conditions of the third-party website or platform to which the SNS User Content was submitted. Cassarokids has no obligation to make any User Content available on the Site or its SNS Accounts. For clarity, the foregoing licenses do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or that you have all rights that are necessary to grant us the license rights in your User Content under these Terms, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You also 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 Cassarokids on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, regulation, or contractual duty.
Rights in Content Granted by Cassarokids. Subject to your compliance with these Terms, Cassarokids grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Sponsored Content. From time to time, Cassarokids may make available through the Services Content that is sponsored by third parties.
General Prohibitions and Cassarokids’s Enforcement Rights. You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
Post, upload, publish, distribute, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services or any individual element within the Services, Cassarokids’s name, any Cassarokids trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Cassarokids’s express written consent;
Access, tamper with, or use non-public areas of the Services, Cassarokids’s computer systems, or the technical delivery systems of Cassarokids’s providers;
Attempt to probe, scan or test the vulnerability of any Cassarokids system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Cassarokids or any of Cassarokids’s providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cassarokids or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing an Cassarokids trademark, logo URL or product name without Cassarokids’s express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content (including without limitation Product reviews), we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements, and to comply with Cassarokids’s standards. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. Cassarokids respects copyright law and expects its users to do the same. It is Cassarokids’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Cassarokids’s Copyright Policy at www.cassarokids.com/pages/legal, for further information.
Termination. We may restrict, suspend, or terminate your access to and use of the Services, at our sole discretion, at any time and for any reason or no reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of these Terms), and with or without notice to you. You may cancel your Account at any time by sending an email to us at help@Cassarokids.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following sections of these Terms will survive: 8(a) Content Definitions, 8(b) Our Content Ownership, 8(c) Rights in User Content Granted By You, 12 Warranty Disclaimers, 14 Limitation of Liability, 15 Governing Law and Venue Choice, 16 Dispute Resolution, and 17 General Terms.
Warranty Disclaimers. EXCEPT AS OTHERWISE PROVIDED IN THE LIMITED WARRANTY TERMS, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. We make no warranty that the Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent permitted by applicable law, you will indemnify and hold harmless Cassarokids and its officers, directors, members, managers, owners, employees and agents, from and against any 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 or misuse of the Services or Content, (ii) your User Content or Feedback, including, without limitation, infringement of any intellectual property or privacy right, (iii) your violation of these Terms, or (iv) the use by any other person or entity accessing the Site, using the Services, or providing User Content using your account.
Limitation of Liability.
NEITHER Cassarokids NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER (A) BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, (B) Cassarokids OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OR (C) THE DAMAGES WERE FORESEEABLE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL Cassarokids’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Cassarokids FOR THE PURCHASE OF THE PRODUCTS OR USE OF THE SERVICES OR CONTENT, AS APPLICABLE, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT INCURRED ANY PAYMENT OBLIGATIONS TO Cassarokids.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Cassarokids AND YOU.
Some jurisdictions do not allow exclusion of limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF Cassarokids SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER LOCAL LAW.
Governing Law and Forum Choice. Except as preempted by the FAA, these Terms and any action related thereto will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. Any dispute between you and Cassarokids that is not subject to arbitration or cannot be heard in small claims court will be resolved in state and federal courts sitting in New York, New York.
PLEASE READ THIS SECTION 16 CAREFULLY. THESE PROVISIONS REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
Mandatory Arbitration of Disputes. Except for Excluded Disputes, as defined in Section 16(b), you and we will resolve any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products, Services or Content (collectively, “Disputes”) exclusively and finally by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Cassarokids waive your and our respective rights to have Disputes resolved in court, and you and Cassarokids waive your and our respective rights to a trial by jury.
Prior to filing an arbitration, each party will notify the other party in writing of any Disputes (other than an Excluded Dispute in which a party is seeking an injunction or other equitable relief for intellectual property infringement) not less than thirty (30) days from the date they arise, so you and we can attempt in good faith to resolve the Dispute informally. Notice to Cassarokids shall be sent by certified mail addressed to hello@Cassarokids.com.
If you and we cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by either of us, then either you or we may, as appropriate and in accordance with the Agreement, commence binding arbitration or, for Excluded Disputes, submit a claim in court.
Exceptions and Opt-out. As limited exceptions to Section 16(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) you and we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights (“Excluded Disputes”). In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at hello@Cassarokids.com or by regular mail at 82 Mercer Street, 3rd Floor, New York, NY 10012 within thirty (30) days following the date you first agree to these Terms.
Conducting Arbitration and Arbitration Rules. The arbitration will 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 party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified 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 may choose whether the arbitration will be conducted solely on the basis 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 right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less 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 will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Class Action Waiver. Disputes arising out of or related to the Terms are personal to you and us. YOU AND Cassarokids MAY ONLY BRING CLAIMS AGAINST THE OTHER 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 may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
Authority of Arbitrator. These Terms affect interstate commerce and the enforceability of this Section 16(f) will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable by law. Except as may be limited by the FAA, these Terms and the applicable AAA Rules, the arbitrator will have the exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding the AAA Rules, any decisions concerning arbitrability of a particular Dispute, including but not limited to whether a class arbitration is permitted by the Agreement, shall be resolved by a court having jurisdiction in New York, New York (rather than by an arbitrator). Any Dispute concerning the enforceability of this Section 16(f), or any part thereof, shall also be resolved by a court having jurisdiction in New York, New York (rather than by an arbitrator).
Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Cassarokids changes any of the terms of this Section 17 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to hello@Cassarokids.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Cassarokids’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Cassarokids in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid, illegal, void or unenforceable, then that part of these Terms will be deemed severed from the Terms and will not affect the validity or enforceability of the remaining Terms. To the extent any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration
Confidentiality. The arbitrator, Cassarokids, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Entire Agreement. Except as expressly agreed by Cassarokids and you, these Terms, including any terms and conditions incorporated by reference herein, constitute the entire agreement between us with respect to the subject matter herein, and supersedes all prior or contemporaneous agreements, whether oral or written between Cassarokids and you with respect to the subject matter. You may not assign or transfer these Terms, by operation of law or otherwise, without Cassarokids’s prior written consent, which may be granted or withheld in Cassarokids’s sole discretion. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Cassarokids may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Cassarokids under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Cassarokids’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cassarokids, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Compliance with laws. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
Release. To the fullest extent permitted by applicable law, you release Cassarokids from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Force Majeure. Cassarokids will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic or other public health concern, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Contact Information. If you have any questions about these Terms, the Products or the Services, please contact Cassarokids at hello@Cassarokids.com.
Cassarokids is committed to providing a website that is accessible and navigable to all consumers. We actively work to assess and increase the accessibility and usability of our website, using available standards and guidelines to assist in our efforts. We use the guidelines of the Web Accessibility Initiative as a model. Those guidelines detail how to make web content more accessible to individuals with disabilities. We regularly review our site in comparison to these guidelines using recognized accessibility evaluation tools.
While we strive to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website at all times. Should you experience any difficulty in viewing, navigating or accessing areas of the site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us at:
7415 Major St. Houston, TX 77061
Notification of Copyright Infringement
Cassarokids, LLC. and its affiliates and subsidiaries (collectively, “Cassarokids”) respect the intellectual property rights of others and expects its users to do the same.
It is Cassarokids’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Cassarokids will respond expeditiously to claims of copyright infringement committed using the Cassarokids website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to Cassarokids’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Cassarokids’s Designated Copyright Agent. Upon receipt of the Notice as described below, Cassarokids will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Cassarokids:
7415 Major St. Houston, TX 77061
Cassarokids, LLC. is responsible for compliance with ASTM F963 Toy Safety Standard Required by U.S. Law cassarokids.com
The ASTM F963 standard incorporates relevant safety measures already required under federal law and includes additional guidelines and test methods to prevent injuries from choking, sharp edges and other potential hazards.
Cassarokids hires regulatory experts to verify the design, safety, and quality of our products with innovative assurance, testing, inspection and certification services. We strive to facilitate the creation of the safest environment possible for children by enhancing the design, safety, and quality of our playsets through:
Design Review and Evaluation
Endurance and Performance Testing
Mechanical and Physical Testing
Safety Testing and more
Cassarokids goes beyond regulatory testing to provide research and development services that incorporate real-life child observation and risk analysis to assess, identify and predict potential hazards in toys and children’s products at all stages of development and production.
Any changes or modifications to the play equipment not approved by Cassarokids may void the user’s authority to operate the equipment.
Each promotional code is subject to the specific terms and conditions stated on the promotional code offer as well as these general terms and conditions. Each code expires at 11:59pm CT on the date stated in the promotional offer. This offer only applies to designated product or category. This offer cannot be combined with any other promotions, promotional or offer codes, or used in conjunction with the affiliate program. Only promotional codes provided or promoted by Cassarokids on valid marketing materials will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Cassarokids (including any unauthorized third-party websites) will not be considered valid. Discount applies pre-tax and cannot be applied to shipping charges or taxes. Discount will be allocated proportionally among all items in your order. This offer is valid for one single purchase per customer during the term of the promotion. Offer is not valid on items not in stock at time of purchase. Offer is non-transferable and cannot be redeemed for cash or cash equivalent. Must enter code at checkout to receive offer and no adjustments can be made on previous purchases. Offer subject to change.
Gift cards (”Gift Card(s)”) offered by Casarokids are available in United States Dollars only, and are redeemable for purchases online at www.cassarokids.com. After a purchase is made with the Gift Card, the Gift Card balance will be reduced by the amount of each such purchase. If a purchase exceeds the balance, the difference must be paid with cash or other single payment method accepted by Cassarokids.
2. Gift Card Use Policies
Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except as required by law. Gift Cards can only be sold in an amount over $100 to a maximum of $350. Gift Cards never expire or accrue fees. Promotional offers and discounts cannot be applied to the purchase of Gift Cards, and purchases of Gift Cards cannot be used to satisfy promotional thresholds.
3. Compliance with Laws
By purchasing a Gift Card, you are certifying and representing to Cassarokids that (i) the activities in connection with your use of the Gift Card will comply with these terms and conditions, all applicable laws, rules and regulations, and (ii) that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to any individual. In addition, you agree to defend and indemnify Cassarokids and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of the Gift Card Terms and Conditions. You agree to release Cassarokids from and against any and all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the Gift Cards or violation of any of the Gift Card Terms and Conditions.
4. Balance Inquiries
For balance inquiries please have your Gift Card handy and visit https://cassarokids.com/products/gift-card
All returns for purchases made with a Gift Card will result in credit to a Gift Card or issuance of a new Gift Card in the amount of the return.
6. Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon sale. Treat Gift Cards like cash. Cassarokids is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Cassarokids cannot trace them or refund them.
Cassarokids will have the right to close any Gift Card account and/or request alternative forms of payment if Cassarokids believes such Gift Card has been fraudulently obtained.
8. Not for Promotional Use
Cassarokids Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
9. No Affiliation with Cassarokids
Use of Cassarokids’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Cassarokids Gift Cards is strictly prohibited. Furthermore, the use of Cassarokids Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with Cassarokids or any of its subsidiaries or affiliates is prohibited.
10. Limitation of Liability
Cassarokids MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
11. General Terms
Cassarokids reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law. Cassarokids may delegate its issuer obligations to an assignee, without recourse. If delegated, the assignee, and not Cassarokids, LLC., will be the sole obligor to the card owner.
These Offer Terms and Conditions (the “Offer Terms”) supplement the Terms located at https://cassarokids.com/policies/terms-of-service governing your use of the Services, as defined in the Terms. To the extent these Offer Terms conflict with the Terms, these Offer Terms will control. Any capitalized terms used, but not defined, in the Offer Terms will have the meaning given to them in the Terms.
Prices: Certain products will be available at 10%,15%,20%, 25% and 30% off regular retail prices (each, as applicable, the “Offer”). The Offer will be displayed on the Site and will automatically be applied to each item prior to purchase. Sales tax, shipping and handling are not included in the Offer. The Offer is not transferable, not exchangeable, not redeemable for cash, and void where prohibited by law. Cassarokids may revoke all or a portion of the Offer that it believes is the result of misuse or fraudulent activity and reserves the right, in its sole discretion, to terminate or modify the Offer at any time.
Duration of Offer: The Offer will be valid from 8:00am CT until 11:59pm CT on designated dates. (the “Offer Period”). Supplies are limited.
Eligible Purchases: Any customer, new or existing, may redeem the Offer. The Offer is good on qualifying new orders purchased through the Site or at Cassarokids retail locations during the Offer Period.
30 Day Price Match: If you purchased a Product from www.cassarokids.com or an Cassarokids retail location in the 30 days prior to the beginning of the Offer Period, we will provide you with a refund equal to the difference between the price you paid and the Offer Price (“Price Match”). Please contact email@example.com for more information. Please note that the Price Match is only available if you contact firstname.lastname@example.org during the Offer Period.
Shipping: Orders placed during the Offer Period may take 3-4 days longer (or more, depending on your order) to ship than the Terms currently provide.
Returns: Cassarokids’s standard return policy applies to products purchased during the Offer Period.
Offer Codes: Offer Codes providing a percentage-off discount will not be redeemable during the Offer Period. However, you will be able to use (i) gift cards, (ii) any Referral Rewards in your account or (iii) Offer Codes providing a dollar-off discount (rather than a percentage-off discount) for purchases during the Offer Period. Additional exclusions may apply.
Referrer. Any individual who is otherwise eligible to participate may become a member of Cassarokids’s Refer-a-Friend Program by clicking on the “Refer a Friend” Program link provided by Cassarokids in your purchase confirmation email, account dropdown, or at cassarokids.com/refer-a-friends and creating or logging into your Account.
Referred Customer. A person in the United States who arrives to the Site by using the unique Refer-a-Friend Site link provided by a Referrer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address), as determined at Cassarokids’s sole discretion.
Qualified Referral. A Qualified Referral is defined as a first-time purchase of Products made via the Site by a Referred Customer, that has a total value of at least US$199 (excluding taxes, discounts, shipping charges, returns, canceled Transactions, and any applicable third party fees); and purchased by a purchaser located in the US for shipping to an address located in the US.
Referral Reward. A credit in the amount of US$20, awarded to Referrers for each Qualified Referral.
How It Works:
As a Referrer, click on the “Refer a Friend” link in your confirmation email, account dropdown, or at cassarokids.com/refer-a-friends and follow the instructions to share a unique Refer-a-Friend Site link through email, social media (either by Tweet or a direct message on Facebook) or by copying the link and sharing directly with friends and family.
When a Referred Customer uses your unique Refer-a-Friend Site link to make a purchase that qualifies as a Qualified Referral:
the Referred Customer can receive a US$20 discount off their Qualified Referral purchase; and
the Referrer will receive a Referral Reward. Referral Rewards will be available for use via the Referrer’s Account within 14 days following a purchase made by a Qualified Referral. Referral Rewards can only be used for purchase of Products via the Site and are not redeemable for cash or gift cards. Referral Rewards may only be redeemed for purchases made in United States Dollars. Each individual Referrer can only obtain a maximum number of five (5) Qualified Referrals, for a maximum possible Referral Reward of US$100. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Limitations. The Referrer’s unique referral link may not be shared, sold, or used in any way except by the Referrer alone to obtain Qualified Referrals; referral links shared to or obtained through other sources (such as through a posting to a third-party intermediary or website) will not be honored. Referrers are limited to one (1) Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Eligibility. Cassarokids’s Refer-a-Friend Program cannot be used by businesses or individuals for affiliate lead generation or posted on discount sites.
No Combination. Referred Customers may not combine any discounts obtained through their use of the Refer-A-Friend Program with any Offer Codes offered by Cassarokids or final sale products.
Compliance with Applicable Law. As a Referrer, you agree to comply with all applicable law, including, but not limited to the CAN SPAM Act. Any distribution of your Refer-a-Friend Program link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your Account and exclusion from Cassarokids’s Refer-a-Friend Program.
Right to Terminate Accounts. Cassarokids reserves the right to terminate the Account of any Referrer and/or Referred Customer at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Referrer and/or Referred Customer’s conduct to be in violation of these US Refer-A-Program Terms.
Right to Cancel Program or Change Terms. Cassarokids reserves the right to cancel the Refer-a-Friend Program and to revise these Refer-A-Friend Program Terms from time to time. If we make any material changes to these Refer-A-Friend Program Terms, we’ll notify you of those changes by posting them on the Services. If the Refer-A-Friend Program is terminated, any unclaimed Referral Rewards will be forfeited at that time.