Welcome to store.bwwalch.com, a website owned and operated by Walch Education. These Terms of Service apply to your use of store.bwwalch.com, and the Curriculum Engine, Walch’s online application, located at app.curriculumengine.com, hereafter referred to as “Walch Services”.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR AN ACCOUNT WITH, ACCESSING, BROWSING, DOWNLOADING FROM OR USING WALCH SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THESE WALCH SERVICES.

1. Eligibility The Walch Services are resources for customers and potential customers. By registering for an account with the Walch Services, you represent that you are at least 13 years of age and have not been previously suspended or removed from any Walch Education web service.
2. Privacy. We take the protection of your personal information seriously, which is why Walch Education has adopted the following privacy policy, which can be found by clicking here: privacy policy. Please read our Privacy Policy carefully for information relating to Walch Education’s collection, use, and disclosure of your personal information.
3. Modification of these Terms. Walch Education reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time with or without notice. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Walch Services after the posting of changes constitutes your binding acceptance of such changes.
4. Ownership and License Grants. The Walch Services are owned and operated by Walch Education. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Walch Services provided by Walch Education (the “Materials”) are protected by United States copyright, patent, trade secret, trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Walch Services are the property of Walch Education and its third-party licensors. All trademarks, service marks, and trade names are proprietary to Walch Education or its third-party licensors. Except as expressly authorized by Walch Education, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Walch Education reserves all rights not expressly granted in these Terms.
5. Prohibited Conduct. The following behaviors are prohibited by Walch Education. You hereby agree that you shall not:
   • rent, lease, loan, sell, resell, sub-license, distribute, or otherwise transfer the licenses granted herein or any Materials;
   • download or copy account information for the benefit of another merchant;
   • impersonate any person or entity, falsely claim an affiliation with any person or entity, access the Walch Services accounts of others without permission, or perform any other similar fraudulent activity;
   • delete the copyright or other proprietary rights on the Walch Services;
   • use the Walch Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
   • remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Walch Services, features that prevent or restrict use or copying of any content accessible through the Walch Services, or features that enforce limitations on the use of the Walch Services;
   • reverse engineer, disassemble, or otherwise attempt to discover the source code of the Walch Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
   • modify, adapt, translate, or create derivative works based upon the Walch Services or any part thereof;
   • intentionally interfere with or damage operation of the Walch Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious codes;
   • use any robot, spider, scraper, or other automated means to access the Walch Services for any purpose or bypass any measures Walch Education may use to prevent or restrict access to the Walch Services;
   • interfere with or disrupt the Walch Services, servers, or networks connected to the Walch Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Walch Services;
   • post, upload, or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the Walch Education experience;
   • upload any student work product or other materials that could be considered “education records” under the Family Educational Rights and Privacy Act (“FERPA”).

Walch Education reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or inappropriate use of the Walch Services.

1. Account. When you use the Walch Services to create an account you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Walch Education on registration and at all other times will be true, accurate, current, and complete. If you give us your email address, Walch Education may use it from time to time to notify you about new products or to confirm transactions. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Walch Education. All quotes generated by the Walch Services are estimates based upon the information you provide and are not a contract or agreement to provide products or services.
2. Indemnification; Disclaimer; Limitation of Liability. You agree to indemnify, defend, and hold Walch Education, its affiliated companies, contractors, employees, agents, and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Walch Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Walch Education reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Walch Education, and you agree to cooperate with Walch Education’ defense of these claims. Walch Education will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

   THE WALCH SERVICES AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WALCH SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WALCH EDUCATION DOES NOT WARRANT THAT THE WALCH SERVICES WILL BE UNINTERRUPTED, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WALCH EDUCATION, DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

   UNDER NO CIRCUMSTANCES WILL WALCH EDUCATION OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANT, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS OR THE WALCH SERVICES, EVEN IF WALCH EDUCATION OR A WALCH EDUCATION-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF WALCH EDUCATION OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE WALCH SERVICES OR YOUR INTERACTION WITH OTHER WALCH SERVICES USERS WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE EXCEED ONE THOUSAND US DOLLARS ($1,000).

   CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITIES CONTAINED IN THESE TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

3. Miscellaneous. The failure of Walch Education to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms will be governed by and construed in accordance with the laws of The State of Maine, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state or federal courts in and for Portland, ME, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. These Terms, and all rights and licenses granted hereunder, may be assigned by Walch Education without restriction. You may not assign or transfer your Walch Education account.

Last Updated: May 29, 2021