Walch Education :: Terms & Conditions

Acceptance of Terms

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Walch Education with respect to the Walch Education website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Walch Education with respect to the Walch Education website.

Account Registration

Walch Education reserves the right to terminate your www.walch.com account if Walch Education learns that you have provided Walch Education with false or misleading registration information.

If a user violates any of the terms of this agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund.

If you do not meet these eligibility requirements, you may NOT create a registration:

1) You must be at least 18 years of age, and be able to form legally binding contracts under applicable law.

2) You must agree to the terms of this agreement.

3) The contact information that you submit during registration must be current and accurate.

4) Walch Education reserves the right to change our prices at any time by posting a new pricing structure to our website and/or sending you a notification of the change by email.

Account & Password

You are responsible for maintaining the confidentiality of any account name and password provided to you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.

Disclaimer of Warranties

T o the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold each of J. Weston Walch, Publishing its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of www.walch.com (or affiliate websites), the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.

Applicable Law and Jurisdiction

This Agreement will be governed by the laws of the State of Maine. Each party does hereby agree that any dispute related to this Agreement, any other agreement between the parties, the Privacy Policy or the Services, will be decided by the state and federal courts located in Cumberland County, Maine and agrees that that party is subject to the jurisdiction of such courts in such locality. If, under applicable law relating to the selection of venue in Maine, a case may not be brought in a court located in Cumberland County, the case may be filed in a state or federal court of competent jurisdiction located in the State of Maine where the case may be brought.

Privacy Policy

You agree that we may access, collect, use and disclose your information as set forth in our Privacy Policy. In this regard the terms of the Privacy Policy are to be treated as if they were added to and part of this Agreement and shall be binding on all parties hereto.

Materials You Provide to Walch Education

When you submit feedback, suggestions or other communications to the Walch Education website or to Walch Education, you are granting Walch Education, its affiliated companies and its designees and sub-licensees permission to use your Submission(s) in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly exhibit, reproduce, edit, translate and reformat your submission(s); and to publish your name in connection with your submission(s). No compensation will be paid with respect to the use of your submission(s), as provided herein. Walch Education is under no obligation to post or use any Submission(s) you may provide and Walch Education may remove any Submission(s) at any time in its sole discretion.

Copyright and Trademarks

You acknowledge that J. Weston Walch, Publishing or our suppliers, own all proprietary rights in the website(s) and the software used to provide the services, including, but not limited to, any patents, trademarks, service marks and copyrights.

Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any materials posted on this site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:

J. Weston Walch, Publishing
Attn: Digital Millennium Copyright Act Compliance
40 Walch Drive
Portland, ME 04103

Site License & Access

Walch Education grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of Walch Education. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.

You may not use any meta tags or any other "hidden text" utilizing Walch Education's name or trademarks without the express written consent of Walch Education.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Walch Education and/or its affiliates without express written consent of Walch Education.

You may not create a link to the Walch Education Website without express written permission of Walch Education. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Walch Education website ( www.walch.com) so long as the link does not portray Walch Education, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter.

You may not use any Walch Education logo or other proprietary graphic or trademark as part of the link without express written permission of Walch Education.

Any unauthorized use terminates the permission or license granted by Walch Education.

Links to Third Party Websites

The Walch Education website may contain links to third party websites ("linked websites"). These “linked websites” are not under the control of Walch Education and Walch Education is not responsible for the contents of any “linked website,” including without limitation any link contained in a “linked website,” or any changes or updates to a “linked website.” Walch Education is not responsible for webcasting or any other form of transmission received from any “linked website” nor is Walch Education responsible if the “linked website” is not functioning properly. Walch Education is providing these third party website links to you only as a reference, and the inclusion of any website link does not imply endorsement by Walch Education of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the third party websites.

Any dealings by you with third parties (including advertisers) included within the Walch Education website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Walch Education shall not be responsible or liable for any part of any such dealings or promotions.

Personal Information

Refer to our Privacy Policy http://walch.com/privacy-policy.html for disclosures relating to the collection and use of your personal information.

Website Modifications

While Walch Education makes every effort to ensure the accuracy of materials presented, the user is warned that this service could include typographical errors and/or technical inaccuracies. Walch Education reserves the right to make improvements and/or changes in the products described on the website at any time.

Reporting Violations

If you become aware that any other person is violating any of the terms and conditions of this website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights, you may notify us in accordance with our Copyright Policy. If you believe that any user of this website has posted materials in violation of any other rights, you may notify us.

The Walch Education website is owned, operated, and maintained by J. Weston Walch Publishing located at 40 Walch Drive, Portland, Maine 04103.