Effective Date: July 31, 2026
Last Updated: October 4, 2026

These Terms & Conditions (“Terms”) govern the use of Caterpillar websites, programs, products, services, purchases, registrations, enrollments, accounts, and materials provided or operated by Caterpillar Pre-K Online, LLC.

These Terms apply to Caterpillar-branded offerings including Caterpillar Pre-K Online, Caterpillar Kinder Online, Caterpillar Enrichment Online, Caterpillar Tutoring Online, Caterpillar Online, Caterpillar Pre-K Online Shop, and other Caterpillar-branded programs, websites, products, or services operated by Caterpillar Pre-K Online, LLC.

Throughout these Terms, “Caterpillar,” “we,” “us,” and “our” refer to Caterpillar Pre-K Online, LLC and, where applicable, the Caterpillar brand, program, website, or service through which a product or service is offered. Use of a particular Caterpillar brand or program name does not create a separate legal entity unless expressly stated otherwise.

These Terms apply to, without limitation, live and recorded classes, tutoring, reading and learning programs, diagnostic assessments, enrichment programs, member-area materials, curriculum, workpacks, downloadable and digital products, consultations, books, physical educational products, Mystery Book Sends, Shop purchases, and other products or services offered by Caterpillar.

By accessing or using a Caterpillar website, creating an account, submitting a form, registering or enrolling, purchasing a product or service, checking an agreement box, or permitting a student to participate in a Caterpillar service, the purchaser, parent, guardian, or user acknowledges and agrees to these Terms.

Caterpillar may use third-party technology, website, communication, payment, membership, fulfillment, and other service providers. Use of those services may also be subject to separate terms, privacy policies, SMS terms, or other requirements of the applicable provider. Those third-party terms do not replace these Caterpillar Terms.

1. Adult Authorization and Responsibility

Purchases, registrations, account creation, enrollment, and other transactions with Caterpillar must be completed by a person who is at least eighteen years old and legally authorized to make the purchase or act on behalf of any Student involved.

For educational services or products purchased for a child, “Parent” includes a parent, legal guardian, or other adult authorized to purchase services or materials for and make educational decisions on behalf of the Student.

By purchasing, enrolling, registering, creating an account, or otherwise using Caterpillar products or services, the purchaser or Parent confirms that:

• the information provided is accurate;

• the purchaser is legally authorized to make the purchase and, where applicable, make educational decisions for the Student;

• the purchaser accepts financial responsibility for the transaction;

• the Parent will supervise the Student’s participation or use of materials as reasonably appropriate for the Student’s age and needs;

• the purchaser or Parent will review and follow applicable instructions, policies, schedules, safety information, product information, and requirements connected to the purchased product or service.

Minors should not independently submit personal information, create purchasing accounts, make purchases, or provide payment information to Caterpillar without the knowledge and permission of a parent or legal guardian.2. Nature of Caterpillar’s Educational Services

Caterpillar provides educational instruction, materials, guidance, feedback, activities, assessments, recommendations, and learning support.

Unless a particular offer expressly states otherwise in writing, Caterpillar is not acting as:

• the Student’s public or private school of record;

• an umbrella school;

• a school district;

• a state reporting agency;

• a special-education evaluation provider;

• a medical, psychological, or therapeutic provider;

• a guarantor of promotion, placement, credit, graduation, or grade-level achievement.

The Parent remains responsible for understanding and satisfying the homeschool, attendance, recordkeeping, testing, portfolio, grading, reporting, promotion, diploma, credit, and other legal requirements that may apply in the Parent’s state or jurisdiction.

Caterpillar does not provide official attendance records, transcripts, report cards, academic credits, special-education eligibility decisions, diplomas, or legal homeschool-compliance services unless a specific service expressly promises that item in writing.

3. Educational Results and No Guarantee of Outcomes

Caterpillar is committed to providing thoughtful instruction, useful materials, clear educational guidance, and appropriate recommendations. However, individual educational results vary.

Enrollment, attendance, participation, tutoring, completion of an assessment, access to curriculum, or purchase of any Caterpillar product does not guarantee that a Student will:

• reach a particular grade level;

• achieve a particular reading or spelling level;

• earn a particular score;

• master a particular skill;

• qualify for a particular placement;

• pass a test;

• advance to the next grade;

• complete work within a particular period;

• make a specific amount or rate of progress;

• achieve the same results as another student.

Student progress may be affected by many factors outside Caterpillar’s direct control, including:

• the Student’s starting skill level;

• prior instruction and educational gaps;

• attendance and punctuality;

• active participation;

• attention and engagement;

• willingness to attempt assigned work;

• completion of assignments;

• regular and accurate practice;

• effort and persistence;

• motivation and behavior;

• learning differences or disabilities;

• physical or emotional health;

• interruptions or extended breaks in instruction;

• technology problems;

• the amount of support available outside class;

• the Parent’s implementation of recommended practice and next steps.

Caterpillar can provide instruction, explanation, materials, feedback, and recommendations. Caterpillar cannot complete the Student’s work, require a Student to participate when the Student refuses, supervise practice outside Caterpillar sessions, or guarantee results when assignments, lessons, recommendations, or practice are not completed consistently.

Later strengths may sometimes mask an earlier foundational gap. Caterpillar may recommend returning to an earlier skill rather than advancing based solely on the Student’s age, current grade label, or performance on isolated tasks. The Parent remains free to accept or decline that recommendation, but understands that advancing before prerequisite skills are dependable may affect future progress.

4. Parent and Purchaser Responsibilities

For educational services or products intended for a Student, the Parent or purchaser agrees to:

• provide accurate information about the Student when that information is requested or necessary for the service;

• ensure that the Student attends scheduled sessions when reasonably possible;

• provide an appropriate learning space for live or recorded instruction;

• provide required books, supplies, printed materials, and technology unless the applicable offer states that Caterpillar will provide them;

• review product descriptions, age or reading-level information, directions, safety information, and other information supplied with purchased materials;

• encourage respectful participation in live or interactive services;

• review Caterpillar communications and announcements related to the purchase or enrollment;

• help the Student access links, files, Zoom sessions, member areas, downloads, or other materials when needed;

• ensure that assigned work and recommended practice are completed consistently when they are part of the educational service;

• communicate concerns or significant changes that affect participation;

• seek qualified professional evaluation when medical, developmental, psychological, disability-related, speech-language, vision, hearing, or other specialized concerns may exist.

Caterpillar’s live teaching time is limited. Work assigned outside class is part of the instructional process when a program includes independent practice. A Student’s failure to complete that work may limit the Student’s progress and Caterpillar’s ability to accurately evaluate mastery.

For products purchased through the Caterpillar Pre-K Online Shop or another Caterpillar sales page, the purchaser is responsible for reviewing the applicable product description and determining whether the product is appropriate for the intended recipient.

5. Student Responsibilities and Conduct

Students are expected to:

• attend prepared and on time;

• participate respectfully;

• follow reasonable directions;

• make a genuine effort;

• complete assigned work;

• avoid intentionally disrupting instruction;

• respect the teacher and other students;

• use appropriate language and behavior;

• protect the privacy of other participants;

• avoid recording, photographing, or sharing other students without permission.

Caterpillar may redirect, mute, remove, suspend, or discontinue a Student’s participation when behavior substantially interferes with instruction, creates a safety concern, violates another person’s privacy, or repeatedly prevents the group from learning.

When practical, Caterpillar will communicate concerns to the Parent before ending enrollment. Serious behavior, threats, harassment, inappropriate content, deliberate misuse of technology, or repeated disruption may result in immediate removal.

Any refund or credit following removal will be determined under the applicable Refund & Cancellation Policy and the specific terms of the purchased offer.

6. Live Classes and Full-Year Programs

Unless the applicable enrollment page states otherwise, Caterpillar’s full-year programs are structured as complete programs with planned instructional weeks, holidays, and breaks.

Tuition pays for the full program, curriculum, preparation, instruction, materials, access, and supporting services described in the offer. Tuition is not calculated solely by counting individual live meeting dates.

Planned holidays, scheduled breaks, teacher planning periods, or program closures disclosed in the calendar do not create a right to a partial refund.

The exact schedule, subject coverage, format, and materials may vary by program. Caterpillar may make reasonable instructional adjustments when needed to support students, maintain progression, respond to scheduling conditions, or improve the learning experience.

7. Tutoring and Individual Services

Tutoring and individual sessions are billed and scheduled according to the terms shown at purchase or booking.

The Parent is responsible for:

• selecting or confirming the correct appointment time;

• joining on time;

• providing relevant materials or concerns in advance when requested;

• giving any required cancellation or rescheduling notice.

Missed, late-canceled, or partially attended sessions may remain payable under the applicable Refund & Cancellation Policy.

A tutoring session ending early because the Student arrives late, refuses to participate, lacks necessary materials, or experiences preventable technology problems does not automatically create a refund or replacement session.

8. Reading & Spelling Rescue Lab and Small-Group Programs

Small-group programs require participation, attendance, and practice outside the live session.

Because instruction is delivered in a group setting:

• the pace must reasonably serve the group;

• individual needs may be addressed within the program’s scope but do not convert the program into private tutoring;

• a Student may require additional practice or individual services;

• enrollment does not guarantee a particular reading or spelling outcome.

Any registration fee, seat-reservation fee, nonrefundable portion, cancellation deadline, or refund condition disclosed on the applicable sales or checkout page becomes part of these Terms.

9. Diagnostic Assessments

Caterpillar diagnostic assessments are educational tools intended to help identify:

• skills that appear established;

• skills that are still developing;

• the earliest foundational area that may need direct instruction;

• observable learning or reading behaviors;

• a useful instructional starting point.

Caterpillar assessments are not:

• medical diagnoses;

• psychological diagnoses;

• disability diagnoses;

• dyslexia diagnoses;

• special-education eligibility evaluations;

• substitutes for formal evaluation by a licensed or otherwise qualified professional.

Assessment results reflect the information and performance observed during that assessment. Results may be affected by fatigue, attention, anxiety, illness, motivation, refusal, coaching, interruptions, technology, the testing environment, or inaccurate recording of responses.

The Parent agrees not to coach, teach, hint, correct, or provide answers during an assessment unless the directions expressly allow assistance.

Unless stated otherwise, one assessment purchase is for one named Student. The assessment, access link, scored materials, and personalized review may not be reused for additional children without an additional purchase.

Caterpillar may provide educational observations and recommendations but does not guarantee that another school, evaluator, physician, therapist, tutor, district, or agency will accept or interpret the assessment in the same way.

10. Curriculum, Workpacks, Downloads, Digital Products, and Licensed Materials

Purchasing or receiving a Caterpillar curriculum product, PDF, workpack, answer key, teacher guide, recording, assessment material, printable, digital resource, or other digital material grants the purchaser only the limited right or license described in the applicable offer.

Unless expressly stated otherwise, Caterpillar digital materials are provided under a limited, revocable, nonexclusive, nontransferable license for personal educational use by the purchasing household and its own children or by the specifically enrolled Student.

Caterpillar products and services may contain materials that are:

• created and owned by Caterpillar;

• used by Caterpillar under a license, subscription, membership, permission, or other lawful authorization;

• provided through or supported by third-party platforms, publishers, vendors, licensors, or service providers.

Caterpillar’s right or permission to use, access, display, distribute, or provide third-party materials does not transfer ownership of those materials or grant the purchaser any rights beyond those included with the Caterpillar purchase or permitted by the applicable third-party owner or licensor.

Unless expressly authorized in writing, Caterpillar materials and materials provided through Caterpillar may not be:

• resold;

• redistributed;

• sublicensed;

• uploaded to public or shared drives;

• posted in social-media groups or other public or private sharing groups;

• copied for unrelated families;

• shared through memberships, co-ops, classrooms, tutoring businesses, or other organizations;

• altered and presented as another person’s work;

• used to create, train, develop, or reproduce a competing product or service;

• commercially taught, reproduced, or distributed outside the license provided with the purchase;

• scraped, systematically copied, extracted, or used to build an unauthorized collection or database;

• used in a manner that violates the intellectual-property rights or terms of Caterpillar or an applicable third-party owner or provider.

Answer keys, teacher materials, assessment content, personalized materials, member-area content, and other protected resources must be kept reasonably secure.

Digital products are generally considered delivered when the download, access link, member-area access, email, file, or other delivery method is made available to the purchaser. Refund eligibility is governed by the applicable Refund & Cancellation Policy and any product-specific terms.

11. Account, Link, and Access Security

The Parent is responsible for protecting:

• login credentials;

• checkout and access links;

• Zoom links;

• member-area passwords;

• assessment links;

• downloadable files;

• private communications.

Access may not be transferred or shared outside the authorized household or Student unless Caterpillar gives written permission.

Caterpillar may suspend or terminate access when it reasonably believes that materials, links, accounts, or protected content have been shared, copied, resold, or used without authorization.

12. Recordings, Student Privacy, and Publicity

Some live sessions may be recorded for enrolled-family access, teacher review, program delivery, safety, or continuity when that possibility has been disclosed.

Parents and Students may not independently record classes, tutoring sessions, other students, private messages, or Caterpillar materials without prior written permission.

Enrollment does not automatically give Caterpillar permission to use an identifiable Student’s name, image, voice, work, testimonial, or private message in public advertising. Caterpillar will seek separate permission when identifiable student material is intended for public marketing or promotional use.

Parents should avoid displaying private information, addresses, legal documents, medical information, or other sensitive material on camera or in shared class spaces.

13. Science, Art, Physical Activity, and Hands-On Learning

Some programs may include optional or assigned science activities, art projects, movement, physical education, cooking, outdoor learning, tools, recycled materials, household supplies, or other hands-on activities.

The Parent is responsible for:

• deciding whether an activity is appropriate for the Student;

• reviewing the materials and directions;

• providing adult supervision;

• checking allergies and sensitivities;

• ensuring safe use of tools, heat, food, chemicals, outdoor spaces, exercise, and equipment;

• modifying or declining an activity when necessary.

Caterpillar may provide general safety reminders but cannot observe or control the Student’s home environment. Participation in a hands-on or physical activity is voluntary and subject to the Parent’s judgment and supervision.

14. Technology, Third-Party Services, Platforms, and Providers

Caterpillar may use third-party technology, services, systems, platforms, vendors, licensors, publishers, contractors, and providers in operating its business and delivering products or services. These may include, without limitation, website and funnel platforms, membership systems, Zoom, Google services, email and SMS providers, payment processors, shipping or fulfillment providers, social-media platforms, educational tools, software, templates, licensed resources, and other business or communication systems.

Certain technology, templates, systems, content, features, or materials made available through Caterpillar may be owned, operated, supplied, or licensed by a third party. Ownership of those third-party materials remains with the applicable owner or licensor. Purchasing from or using Caterpillar does not give the purchaser ownership of or an independent license to copy, resell, sublicense, reverse engineer, reproduce, distribute, scrape, or otherwise exploit a third-party provider’s protected technology, systems, templates, content, or materials.

Use of a third-party service may also be subject to that provider’s own terms, privacy policy, acceptable-use rules, licensing conditions, or other requirements.

The purchaser or Parent is responsible for:

• compatible equipment;

• reliable internet access;

• updated software;

• functioning audio and video when required;

• account access;

• basic troubleshooting on the purchaser’s device;

• complying with applicable third-party terms when using those services.

Caterpillar is not responsible for outages, interruptions, account restrictions, platform changes, discontinued features, lost internet access, third-party data or service failures, or technical problems outside Caterpillar’s reasonable control.

Third-party providers do not become responsible for Caterpillar’s educational instruction, products, customer service, representations, or obligations merely because Caterpillar uses their technology, systems, materials, or services.

When a Caterpillar-controlled technical problem substantially prevents delivery of a purchased service, Caterpillar may provide a replacement session, recording, alternative material, credit, or other reasonable remedy depending on the service and circumstances.

15. Service Scheduling, Changes, and Cancellations

Caterpillar may reasonably adjust schedules, instructors, lesson order, delivery methods, activities, materials, or program details when necessary because of illness, emergencies, technology, enrollment, safety, educational needs, or circumstances beyond Caterpillar’s reasonable control.

When Caterpillar cancels a paid educational service that cannot reasonably be rescheduled, replaced, credited, or otherwise delivered, any remedy will follow the applicable Refund & Cancellation Policy and product- or program-specific terms.

Parent- or purchaser-requested cancellations, withdrawals, missed sessions, and rescheduling are governed by the applicable offer, checkout disclosures, and Refund & Cancellation Policy.

This section applies to scheduled services and programs. Order cancellations, returns, and refunds for physical or digital products are governed by the applicable product terms and refund policies.

16. Payments, Prices, Taxes, and Charges

The purchaser agrees to pay the price, fees, applicable taxes, shipping charges, and other amounts disclosed at the time of purchase.

Depending on the product or service, payment may be required:

• in full;

• by registration fee plus remaining balance;

• per tutoring or individual session;

• through installments;

• through recurring subscription or membership billing;

• at checkout for physical or digital products.

Prices, promotions, discounts, shipping charges, and availability may change prospectively. A change does not alter a completed purchase unless required by law or agreed to by the purchaser.

The purchaser is responsible for providing accurate billing, contact, and payment information and for reviewing the total amount shown before completing a purchase.

A payment plan or subscription is a payment arrangement for the purchased product or service. It does not automatically make previously delivered services, materials, or products refundable.

Failed, reversed, or disputed payments may result in suspended enrollment, canceled appointments, delayed or canceled order fulfillment, loss of digital or member access, collection activity, or termination of services, subject to applicable law. suspended enrollment, canceled appointments, loss of access, collection activity, or termination of services, subject to applicable law.

17. Recurring Payments and Subscriptions

When a Caterpillar offer includes recurring billing, the amount, billing frequency, renewal terms, and cancellation method will be disclosed before purchase.

By purchasing a recurring plan, the purchaser authorizes the disclosed recurring charges until the subscription or recurring arrangement is canceled according to the applicable cancellation procedure.

Cancellation stops future billing according to the effective cancellation date. Cancellation does not automatically refund prior charges, reverse amounts already properly billed, or make previously delivered products, services, access, or materials refundable.

Failure to attend, access, download, open, use, or participate in a purchased service or subscription does not by itself constitute a cancellation request.

Nothing in these Terms limits a cancellation, renewal-notice, refund, or other consumer right that cannot lawfully be waived.

18. Refunds, Returns, and Cancellations

Refund, return, exchange, and cancellation eligibility is governed by these Terms together with the applicable Refund & Cancellation Policy and any clearly disclosed product- or service-specific terms shown on the sales page, product page, checkout, invoice, order form, enrollment agreement, or other purchase disclosure.

Different types of Caterpillar products and services may have different refund or cancellation rules because of their nature. These may include, for example:

• nonrefundable registration or seat-reservation fees;

• deadlines for canceling an educational program;

• missed or late-canceled tutoring sessions;

• restrictions after digital materials or member access have been delivered;

• personalized or customized products;

• physical products;

• mystery or specially selected products;

• damaged, defective, incorrect, or lost shipments;

• other product-specific circumstances.

Where a particular product or service has a specific refund, return, exchange, or cancellation rule disclosed before purchase, that specific rule becomes part of the purchase agreement and controls over a more general rule concerning that product or service, to the extent permitted by law.

Nothing in these Terms eliminates a refund, return, replacement, cancellation, or other consumer right that cannot lawfully be waived.

19. Chargebacks and Payment Disputes

Purchasers should contact Caterpillar promptly regarding billing errors, duplicate charges, unrecognized transactions, missing orders, delivery concerns, or service problems so the matter can be reviewed and, where appropriate, corrected.

Filing a chargeback or payment dispute does not automatically cancel an enrollment or order, eliminate an amount properly owed, or create a refund right that is not otherwise available.

When responding to a payment dispute, Caterpillar may provide the payment processor, card issuer, financial institution, or other authorized party with records relevant to the transaction, which may include:

• checkout acknowledgments;

• invoices and receipts;

• order information;

• billing and shipping information supplied by the purchaser;

• login or access records;

• delivery or download emails;

• attendance or appointment records;

• relevant customer communications;

• applicable refund and cancellation policies;

• shipment or tracking information;

• delivery confirmation;

• records showing that services, products, or digital materials were provided.

Nothing in these Terms prevents a consumer from disputing a genuinely unauthorized transaction, reporting fraud, or exercising a consumer right that cannot legally be waived.

20. Communications

The purchaser or Parent agrees to provide accurate and working contact information and to review Caterpillar communications concerning, as applicable:

• purchases and orders;

• enrollment;

• scheduling;

• access;

• assignments;

• payment and billing;

• shipping and delivery;

• cancellations or returns;

• policy changes;

• Student concerns;

• assessment results;

• other information reasonably related to a purchased product or service.

Failure to read an email, message, or other communication does not automatically excuse missed deadlines, appointments, payments, shipping or order issues, or other disclosed requirements when Caterpillar sent the communication to the contact information provided.

Email and other transactional communications reasonably necessary to complete or support a purchase, enrollment, order, account, or service may be sent as part of that transaction.

SMS or text-message communications are governed by the applicable SMS Terms of Service and any required consent.

Marketing communications are subject to applicable consent and opt-out requirements.

Caterpillar communication channels are not emergency services and should not be used for urgent medical, safety, mental-health, or legal emergencies.

21. Privacy

Caterpillar’s collection, use, storage, and disclosure of personal information are governed by the applicable Privacy Policy.

Purchasers and Parents should provide only information reasonably necessary for a purchase, order, enrollment, instruction, assessment, account, support request, payment, shipping, or communication.

For educational services, the Parent is responsible for deciding what information to share regarding a Student’s education, health, behavior, disability, family circumstances, or prior services.

Caterpillar may share information with service providers when reasonably necessary to process payments, operate websites or accounts, communicate with customers, provide educational services, fulfill or ship orders, maintain business systems, or otherwise complete a requested transaction, subject to the applicable Privacy Policy and law.

22. Intellectual Property

Caterpillar’s business names, branding, logos, assessments, curriculum, lesson plans, recordings, teacher materials, Teacher Tracks, workpacks, answer keys, graphics, activities, written content, website content, product inserts, customized educational materials, digital resources, and other original content are protected by applicable intellectual-property laws and rights.

Caterpillar products and services may also contain or provide access to materials, technology, content, trademarks, designs, or other intellectual property owned by third parties and used by Caterpillar under license, permission, subscription, purchase, or other lawful authorization.

Except for the limited personal-use or other license expressly provided with a purchase, no ownership rights in Caterpillar-owned or third-party protected materials are transferred to the purchaser, Parent, or Student.

Unless expressly permitted in writing, Caterpillar-owned or protected materials may not be:

• copied or republished;

• resold or redistributed;

• uploaded for others to access;

• presented as another person’s work;

• used to create or substantially reproduce a competing product;

• used commercially outside the license granted with the purchase;

• altered to remove ownership, copyright, trademark, attribution, or other rights notices;

• used in a manner that falsely suggests sponsorship, approval, affiliation, or endorsement by Caterpillar or an applicable third party.

Nothing in these Terms gives a purchaser rights to third-party intellectual property beyond the rights lawfully included with the applicable product or service.

23. Testimonials, Reviews, and Submitted Work

Parents may voluntarily provide reviews, testimonials, comments, or examples of Student work.

Caterpillar will not publicly identify a minor Student through a testimonial, image, voice recording, private message, or work sample without appropriate permission.

When permission is given, Caterpillar may use the approved material in the manner described in that permission.

24. Refusal, Suspension, or Termination of Services or Access

Caterpillar may refuse, suspend, restrict, or terminate services, access, accounts, enrollments, or future purchases for reasons including:

• nonpayment;

• fraudulent or suspicious activity;

• misuse of payment methods;

• unauthorized sharing of accounts, links, files, materials, or access;

• harassment, threats, abusive conduct, or inappropriate communication;

• repeated disruptive conduct;

• misuse, copying, redistribution, or unauthorized commercial use of Caterpillar or third-party protected materials;

• violation of another person’s privacy;

• behavior creating a safety concern;

• misuse of Caterpillar websites, forms, technology, communication systems, or services;

• material violation of these Terms or another applicable Caterpillar policy.

Caterpillar may also determine that a particular educational service or program is not an appropriate fit for a Student’s needs. When appropriate, Caterpillar may recommend another type of instruction, support, evaluation, or provider.

Caterpillar may decline or cancel a transaction when reasonably necessary because of suspected fraud, pricing or listing error, product unavailability, inability to fulfill the order, legal restrictions, or another legitimate business reason. When Caterpillar cancels a paid order before providing the applicable product or service, any amount due back to the purchaser will be handled in accordance with applicable law and the applicable refund or cancellation policy.

Any financial adjustment following suspension or termination of an educational service will be determined under the applicable Refund & Cancellation Policy, product-specific terms, and applicable law.

25. No Professional Medical, Psychological, Therapeutic, or Legal Advice

Caterpillar may provide or discuss educational information, learning patterns, educational concerns, parenting support, study habits, reading behaviors, curriculum choices, assessment observations, product recommendations, or possible reasons that a Student is struggling.

Such information, discussion, recommendations, assessments, products, or educational materials are provided for educational purposes and are not medical, psychological, therapeutic, diagnostic, legal, or other licensed professional advice.

Parents and purchasers should consult an appropriately qualified professional when they need medical, mental-health, disability, speech-language, occupational-therapy, vision, hearing, special-education, legal, or other professional evaluation or advice.

26. Disclaimer of Warranties

Caterpillar will make reasonable, good-faith efforts to provide products, services, materials, and access substantially as described in the applicable offer or product description.

To the fullest extent permitted by law, Caterpillar does not warrant or guarantee that:

• every educational service, product, book, curriculum, assessment, or resource will meet every purchaser’s or Student’s individual needs or preferences;

• every Student will enjoy, complete, or benefit from a particular product or material;

• any particular educational result will occur;

• access to websites, member areas, downloads, or third-party platforms will always be uninterrupted or error-free;

• every third-party platform, service, title, edition, product, resource, or feature will remain available;

• every recommendation will be accepted by a school, evaluator, provider, institution, or other third party;

• descriptions, images, or displays will reproduce every product characteristic exactly when minor variations are reasonably possible.

Nothing in these Terms excludes or limits a warranty, duty, remedy, or consumer protection that cannot lawfully be excluded or limited.

27. Limitation of Liability

To the fullest extent permitted by applicable law, Caterpillar will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the use of, inability to use, purchase of, or reliance on Caterpillar products, services, materials, websites, or access.

To the fullest extent permitted by law, Caterpillar’s total liability arising from a particular product, order, purchase, or service will not exceed the amount actually paid to Caterpillar for the product or service giving rise to the claim.

These limitations do not apply where liability cannot lawfully be limited or excluded, and nothing in these Terms eliminates rights or remedies that applicable law does not permit a consumer to waive.

28. Events Beyond Caterpillar’s Control

Caterpillar will not be responsible for delay or failure caused by circumstances outside its reasonable control, including:

• severe weather;

• power or internet outages;

• illness or emergency;

• acts or requirements of government;

• platform, software, or payment-system failure;

• cyberattack or widespread technology disruption;

• labor disruption or strike;

• natural disaster;

• carrier or postal delays;

• transportation disruptions;

• supply shortages or unexpected product unavailability;

• widespread service interruption;

• other events beyond Caterpillar’s reasonable control.

Caterpillar will make reasonable efforts to communicate significant delays and, when practical, provide an appropriate alternative, replacement, rescheduling option, credit, refund, or other remedy consistent with the applicable product or service terms and law.

29. Concerns and Informal Resolution

Purchasers and Parents are encouraged to contact Caterpillar promptly when they have a concern regarding an order, product, shipment, instruction, access, payment, billing, Student experience, account, or other Caterpillar product or service.

Caterpillar will make a reasonable good-faith effort to review and address legitimate concerns.

Before filing a legal claim, the parties agree to make a good-faith effort to resolve the concern through written communication and reasonable discussion, except where immediate legal action is necessary or applicable law provides otherwise.

30. Governing Law and Venue

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles, except where the law of another jurisdiction or applicable consumer-protection law must apply.

Any legal action not resolved informally shall be brought in a court with lawful jurisdiction in the Ohio county where Caterpillar maintains its principal place of business, unless applicable law requires or permits another location.

These Terms do not create a separate mandatory arbitration requirement. Any arbitration or dispute-resolution provision applicable solely through a third-party platform remains governed by the terms applicable to that third-party service.

31. Shipping, Delivery, and Physical Products

Physical products are shipped to the address provided by the purchaser at checkout. The purchaser is responsible for reviewing the shipping address and other order information for accuracy before completing the purchase.

Shipping charges, available shipping methods, estimated delivery information, and any geographic restrictions will be disclosed at checkout or on the applicable product or shipping-information page when applicable.

Any stated processing, shipping, or delivery time is an estimate unless Caterpillar expressly guarantees a specific date in writing. Carrier delays, weather, transportation disruptions, holidays, address problems, and other circumstances outside Caterpillar’s reasonable control may affect delivery.

Once an order has been transferred to a shipping carrier, Caterpillar may use carrier tracking and delivery records when investigating a delayed, missing, or disputed shipment.

If a purchaser provides an incorrect or incomplete shipping address, refuses delivery, or fails to retrieve a shipment, additional shipping or replacement charges may apply to the extent permitted by law.

Purchasers should contact Caterpillar promptly if an order arrives damaged, contains an incorrect item, appears incomplete, or is reasonably believed to have been lost in transit. Caterpillar may request photographs, packaging information, tracking information, or other reasonable documentation before providing a replacement, refund, credit, or other remedy.

Availability of a particular book, edition, product, cover, format, or other physical item may change. When an ordered item becomes unavailable before fulfillment, Caterpillar may contact the purchaser regarding a reasonable substitution, alternative, cancellation, refund, or other available option.

Product-specific shipping, replacement, return, and refund terms disclosed on the applicable product page or checkout become part of the purchase agreement.

32. Relationship of Policies, Disclosures, and Product Terms

These Terms work together with, as applicable:

• the Caterpillar Privacy Policy;

• the Refund & Cancellation Policy;

• the SMS Terms of Service;

• shipping, delivery, return, or exchange information;

• applicable third-party or Platform Terms of Service;

• sales and product pages;

• checkout disclosures;

• enrollment and registration forms;

• order forms;

• invoices and receipts;

• program-specific policies;

• product-specific policies and disclosures.

If two provisions conflict:

1. applicable law controls first;

2. a clearly disclosed product- or service-specific term controls over a more general term concerning that particular purchase;

3. these Caterpillar Terms control the relationship between Caterpillar and the purchaser, Parent, or Student with respect to Caterpillar’s products and services;

4. an applicable third-party provider’s terms control use of that provider’s own technology, platform, materials, or services to the extent applicable.

No third-party platform, provider, vendor, publisher, or licensor becomes a party to Caterpillar’s customer agreement solely because Caterpillar uses that party’s products, technology, materials, or services.

33. Changes to These Terms

Caterpillar may update these Terms from time to time to reflect changes in products, services, technology, business practices, providers, or legal requirements.

The updated version will be posted with a revised “Last Updated” date.

When reasonably necessary, Caterpillar may communicate material changes affecting an active paid enrollment, subscription, order, or ongoing service.

Changes will not retroactively eliminate a refund, payment, consumer, or other legal right that had already become binding unless the purchaser agrees or applicable law permits the change.

Continued use of Caterpillar websites or services, or a new purchase made after revised Terms become effective, constitutes acceptance of the revised Terms to the extent permitted by law.

34. Severability

If any provision of these Terms is found by a court or other authority with proper jurisdiction to be invalid, unlawful, or unenforceable, that provision will be limited, modified, or removed only to the minimum extent necessary.

The remaining provisions of these Terms will continue in full force and effect.

If part of a provision can remain valid and enforceable after the invalid or unenforceable portion is removed, the remaining portion will continue to apply.

35. No Waiver

Caterpillar’s failure to enforce a provision on one occasion does not waive the right to enforce it later.

36. Assignment

The purchaser, Parent, or Student may not transfer an enrollment, purchase, order, account, subscription, license, member access, or other right under these Terms without Caterpillar’s written permission, except where transfer is expressly permitted by the applicable offer.

Caterpillar may assign or transfer these Terms as part of a lawful sale, transfer, merger, restructuring, reorganization, or continuation of the business, subject to applicable law.

37. Entire Agreement

These Terms, together with the applicable policies, product or sales-page information, enrollment or order information, checkout disclosures, invoices, and product- or service-specific terms, form the complete agreement concerning the applicable Caterpillar purchase, product, enrollment, or service.

Statements made outside those documents do not modify the agreement unless Caterpillar confirms the modification in writing.

38. Contact

Questions, concerns, notices, or requests regarding these Terms, a Caterpillar purchase, or a Caterpillar service may be submitted through the official Caterpillar contact form, business email address, or other official contact method listed on the applicable Caterpillar website.

39. Acceptance of Terms

By purchasing a product or service, placing an order, enrolling or registering, creating an account, accessing Caterpillar materials or services, checking an agreement box, or otherwise using a Caterpillar website, product, program, or service, the purchaser or Parent confirms that they have had an opportunity to review these Terms and agrees to be bound by them to the extent permitted by applicable law.