These terms of use (these “Terms”) apply to your use of waldereducation.org and any related Sites or online services (collectively the “Sites”) that are owned, maintained, or provided by Walder Education, a program of Walder Operations, Ltd. (collectively, “Walder Education,” “we”, “our,” “us”).

These Terms form a binding legal agreement between you and Walder Education in relation to your use of the Sites. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS THE SITES. By continuing to access and use the Services, you agree that such use is legally sufficient consideration under this Agreement. You can review the most current version of these Terms at any time at waldereducation.org/terms-of-use

BY ACCESSING OR USING THE SITES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. If you do not agree to these Terms, you are not authorized to use the Sites.

BY ACCESSING OR USING THE SITES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. If you do not agree to these Terms, you are not authorized to use the Sites.

From time to time, Walder Education may change, remove, or supplement these Terms. If you continue to use the Sites after the effective date of the updated Terms, you will be bound by the updated Terms. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Services. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Services, an email to the address we have on file, or a message in your Account.

The material, data, and information on the Sites (“Content”) is available for educational or nonprofit use. You acknowledge that Walder Education does not make, and specifically disclaims, any representations or warranties about the Content to which you may have access as part of, or through your use of, the Sites. ALL CONTENT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. Under no circumstances is Walder Education liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Sites.

You agree to keep our indicators of copyright ownership on all our Content, including clipart, and to only use the Content for your classroom or nonprofit purposes. You agree not to (i) modify, alter, license, sell or otherwise exploit the Content or any portion thereof for use in any publications or on Sites for any commercial purpose, (ii) post or share the Content on social media or any other websites or databases, nor (iii) use the Content or any portion thereof in any manner that is likely to cause confusion among consumers, that causes harm, disparages or discredits Walder Education, that dilutes the strength of Walder Education’s Intellectual Property Rights, or that otherwise infringes Walder Education’s Intellectual Property Rights. Without modifying the foregoing restrictions, you agree that you are solely responsible for your use or reuse of Content made available through the Sites. As between you and Walder Education, all Content is solely owned or licensed (i.e., used with permission of the owner) by Walder Education. Content on the Sites may include stock images or other content that Walder Education licenses from third parties, including Content Walder Education obtains from applicants and grantees. Notwithstanding the foregoing, if Walder Education provides attribution of any Content to a third party, you must contact that third-party directly for its permission to use the Content. All such use is subject to any agreement you make with such third-party and there is no license of any kind granted from or through Walder Education for such use.
From time to time, we may restrict or revoke access to our Content without further notice. You acknowledge that Walder Education may in its sole discretion modify, remove, or cease providing the Content to you at any time in our sole discretion and without further notice to you.

If the Sites contain links to other sites and resources provided by third parties, these links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by Walder Education of any of the products, services or opinions of the corporation or organization or individual. Walder Education bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content. Walder Education accepts no responsibility for them or for any loss or damage that may arise from your use of any Sites provided through a third-party link. If you decide to access any of the third-party Sites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

You agree not to (i) download, use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit the Content or any portion thereof for use in any publications, in public performances, or on Sites for any other commercial purpose, (ii) use the Content or any portion thereof in connection with products or services or for any purpose, nor (iii) use the Content or any portion thereof in any manner that is likely to cause confusion among consumers, that causes harm, disparages or discredits Walder Education, that dilutes the strength of Walder Education’s Intellectual Property Rights, or that otherwise infringes Walder Education’s Intellectual Property Rights. Without modifying the foregoing restrictions, you agree that you are solely responsible for your use or reuse of Content made available through the Sites. As between you and Walder Education, all Content is solely owned or licensed (i.e., used with permission of the owner) by Walder Education.  Content on the Sites may include stock images or other content that Walder Education licenses from third parties, including Content Walder Education obtains from applicants and grantees. Notwithstanding the foregoing, if Walder Education provides attribution of any Content to a third party, you must contact that third-party directly for its permission to use the Content. All such use is subject to any agreement you make with such third-party and there is no license of any kind granted from or through Walder Education for such use.

From time to time, we may restrict access to our Content without further notice. You acknowledge that Walder Education may in its sole discretion modify, remove, or cease providing the Content to you at any time in our sole discretion and without further notice to you.

If the Sites contain links to other sites and resources provided by third parties, these links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by Walder Education of any of the products, services or opinions of the corporation or organization or individual. Walder Education bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content. Walder Education accepts no responsibility for them or for any loss or damage that may arise from your use of any Sites provided through a third-party link. If you decide to access any of the third-party Sites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites. 

You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any portion of the Sites (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal, Intellectual Property Rights or other proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

You acknowledge, represent and agree that Your Content is submitted voluntarily and is not confidential or proprietary except to the extent submitted under a separate Agreement, and that Your Content does not establish a relationship between you and us.

You acknowledge, represent and agree that Your Content is submitted voluntarily and is not confidential or proprietary except to the extent submitted under a separate Agreement, and that Your Content does not establish a relationship between you and us.

You agree not to engage in any of the following activities:

You may not (a) use any portion of the Sites for any illegal purpose or in violation of any local, state, national, or international laws or (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating Intellectual Property Rights, confidentiality, or privacy rights.

You may not use the Sites in any manner that could disable, overburden, damage, or impair the Sites, or interfere with any other individual’s or entity’s use and enjoyment of the Sites; including (a) uploading or otherwise disseminating any virus, adware, spyware, ransomware or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Sites, or violating any regulation, policy, or procedure of any network, equipment, or server.

You may not impersonate another individual or entity, or misrepresent your affiliation with another individual or entity when using the Sites. You may not use or attempt to use another’s account or personal information. You may not attempt to gain unauthorized access to the Sites, or the computer systems or networks connected to the Sites, through hacking, password mining or any other means.

Some of the Sites may allow you to purchase products directly on them (“E-commerce Sites”).

Refunds, returns, and exchanges will not be issued for products that have not been purchased directly through an E-commerce Site. We reserve the right to deny a refund, return, or exchange, and/or issue a shopping credit to your Account in place of a refund if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.

We may make improvements and/or changes in products or services described on the E-commerce Sites, add new features, or terminate an E-commerce Site at any time without notice. We also: (i) reserve the right to change the goods and services advertised or offered for sale through an E-commerce Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (ii) cannot guarantee that goods or services advertised or offered for sale on an E-commerce Site will be available when ordered or thereafter; (iii) reserve the right to limit quantities sold or made available for sale; (iv) do not warrant that information on an E-commerce Site (including without limitation product descriptions, colors, or photographs) is accurate, complete, reliable, current, or error-free; and (v) reserve the right to modify, cancel, terminate, or not process orders (including accepted orders) where the price or other material information on an E-commerce Site is inaccurate, where we have insufficient quantities to fulfill an order, or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the E-commerce Site has a non-US domain), products sold on the E-commerce Sites are intended for end use in the United States and are not labeled or intended for international distribution.

If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may Contact Us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.

We process orders daily Monday through Thursday from our fulfillment center. Most basic print jobs are ready within one (1) to two (2) days. During busy periods, orders may take up to a week. Shipping times will vary based upon your location. We do not offer expedited shipping. For bulk orders, our ability to print in bulk depends on the specifics of each order, such as page size, number of pages, type of paper or material used, type of binding needed, and printer availability. Bulk orders may take more than one (1) week to print. Please call in advance to verify our printer availability.

For buyers eligible for tax-free orders: If you are located in Illinois and your tax-exempt letter is on file with us, your order is tax-free. If you are uncertain if we have your tax-exempt letter on file, please call or email us at info@waldereducation.org to check. If we do not have your information on file, please send us your school’s tax-exempt letter from the IRS, along with your school’s contact information, and we will enter you into our system. You can send via mail, or by emailing a scan of the letter to info@waldereducation.org. If you are located outside of the state of Illinois, we do not charge tax.

We regret that we do not currently ship outside of the United States.

Shipping fees vary and can be found as calculated during the order completion process before checking out.

Unless otherwise indicated, we are only able to ship to one shipping address per order. If you’d like to ship to multiple addresses, please place separate orders for each unique address. Most products may be shipped to a P.O. Box or Military APO/FPO addresses, but some restrictions apply. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If you order is returned for an invalid or incorrect address your order will be returned to stock and the order refunded less any shipping charges.

We are not liable for any lost shipments.

If you have questions regarding shipping, please contact us at info@waldereducation.org.

You are not obligated to register for an account in order to access certain Services. However, certain sections and features of some of the Services are available only to users (“Registered Users”) who have registered for an account (“Account”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) (i) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that belongs to another person; (iv) that violates the intellectual property or other rights of any person; or (v) that is offensive. You may only have one active Account at any given time, and you may not allow other people to use your Account to access the Services.

If you maintain an Account, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Services in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Account username, log-in ID, password, or any other breach of security that you become aware of involving or relating to the Services by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Services and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

The Services may allow you to download certain Content, applications, software, and other information or materials. We make no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with us or a third party, for example an agreement with a mobile application store.

Except for Your Content, you acknowledge and agree that the Sites and Content, including but not limited to the software, code, architecture, design, user interface, graphics, including any use of any of Walder Education brand, trademarks, copyrights, patents, or other protected or unprotected intellectual property (collectively, “Intellectual Property Rights”) are owned by Walder Education or its licensors and suppliers and is protected by applicable Intellectual Property Rights laws.

Except as provide in these Terms or in an applicable Agreement, you are not granted a license or any right, title, or interest in any Intellectual Property Right use in or made available through the Sites.

Subject to your compliance with these Terms, we grant you a limited license to access and use the Services for educational and informational purposes. No Content from the Services may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, EXCEPT THAT you may download, reproduce, print or display content for any educational, non-commercial use, subject to your compliance with these Terms and retain the same solely for as long as you continue to be permitted to access the Services. To use content under such an exception, you must (i) keep any copyright, trademark, or other proprietary notices intact; (ii) use such content pursuant to any licenses associated with such content; (iii) not copy or post such content on any networked computer or broadcast it in any media; (iv) make no modifications to any such content; and (v) make no additional representations or warranties relating to such content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Services or the content.

The Walder Education name, the Walder Education logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Walder Education or its affiliates or licensors. You must not use those marks without the prior written permission of Walder Education. Any other names, logos, product and service names, designs, and slogans of the Sites are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content through your use of the Sites. All rights not expressly granted in these Terms or an applicable Agreement are reserved exclusively by Walder Education.

We respond to notices of alleged infringement as required by the US Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. Walder Education’s DMCA Agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see www.copyright.gov for more information.
If you have a good faith belief that your work was copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise were violated on or through the Services, please send your claim or notice of infringement to Walder Education’s designated DMCA Agent at:

DMCA Agent
info@waldereducation.org

Upon receipt of notification complying with the DMCA, Walder Education will take steps to remove or disable access to any infringing material and remove or disable access to any link to infringing material. Notifications must include ALL of the following:

• • • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where in the Sites the material that you claim is infringing is located;
    • Contact information reasonably sufficient to permit Walder Education to contact you;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
    • A statement by you, made under penalty of perjury, that the information in your notification to Walder Education is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please do not send any other correspondence or inquiries to our DMCA agent.

We have the right to:

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Intellectual Property Rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.

Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS WALDER EDUCATION AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WALDER EDUCATION OFFERS THE SITES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SITES), INCLUDING ANY THIRD-PARTY SERVICES AS-IS AND AS-AVAILABLE, FOR THE USE OF EDUCATORS FOR CLASSROOM USE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITES OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WALDER EDUCATION DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SITES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY WALDER EDUCATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

IN NO EVENT WILL WALDER EDUCATION OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OTHER AGENTS, LICENSORS OR PROVIDERS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER SPECIAL CATEGORIES OF DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITES (OR THE TERMINATION THEREOF FOR ANY REASON), WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY AND EVEN IF WALDER EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING LIMITATIONS, AND ANY APPLICABLE AGREEMENT, YOUR RECOVERY OF ANY DIRECT DAMAGES IS LIMITED TO THE LESSER OF WHAT YOU PAID FOR ACCESS TO THE SITES OR USD $50.00.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

To the extent not prohibited by law, you agree to indemnify and hold harmless Walder Education and its affiliates, employees, officers, directors, other agents, licensors and providers from and against any and all claims, damages, expenses, costs, including reasonable attorneys’ fees, and other losses resulting directly or indirectly from or arising out of (a) your violation of these Terms, (b) your use of any of the Sites, or (c) your violation of any other individual’s or entities’ rights or applicable law.

Walder Education provides a Privacy Policy that describes the personal data we collect through our Sites, which is available here: waldereducation.org/privacy-policy. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by creating an Account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

By Walder Education: Walder Education may modify, suspend, or terminate the operation of, or access to, all or any portion of the Sites at any time for any reason. Additionally, your individual access to, and use of, the Sites may be terminated by Walder Education at any time and for any reason.

By you: If you wish to terminate these Terms, you may immediately stop accessing or using the Sites at any time.

Automatic upon breach: Your right to access and use the Sites terminates automatically upon your breach of any of these Terms.

Survival: The disclaimer of warranties, indemnification, limitation of liability, dispute resolution provision, and this provision will survive any termination. The license grants applicable to Your Content are not impacted by the termination of these Terms and shall continue in effect subject to the terms of the applicable license.

You and Walder Education agree to arbitrate any dispute, controversy or claim, including those known or unknown that may later be discovered, arising out of or relating to this Agreement, other agreements on the Services, the Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”). Any such arbitration shall be fully and finally resolved in binding arbitration in a proceeding in Illinois before the Beth Din of the Chicago Rabbinical Council. However, if for any reason the Beth Din of Chicago Rabbinical Council is not available for such arbitration or is otherwise unable to conduct the arbitration, and if both parties wish to arbitrate before an alternate beth din, then the Beth Din of Chicago Rabbinical Council and/or the parties can propose one or more alternate beth din forums, and you and the Organization then have the right to consider the proposed options in good faith and determine whether any alternate beth din forum is agreed to by both you and the Organization. In the event that (i) the Beth Din of Chicago Rabbinical Council is unavailable or unable to conduct the arbitration, and you and the Organization cannot agree on an alternate beth din forum or (ii) you prefer to arbitrate with the American Arbitration Association (AAA), then any such arbitration shall be fully and finally resolved in binding arbitration in Illinois before the AAA in accordance with the National Rules for the Resolution of Employment Disputes before a single arbitrator. You may be entitled to an in-person hearing near your place of residence. The arbitration proceedings shall be confidential, and the goal of arbitration shall be to achieve a fair and equitable result for all parties. The arbitrator shall not have the authority to modify or change any of the terms of this Agreement. The arbitrator’s award shall be final and binding upon you and Walder Education, and judgment upon the award may be entered in any court of competent jurisdiction in any state of the United States or country or application may be made to such court for a judicial acceptance of the award and an enforcement as the law of such jurisdiction may require or allow. The arbitrator may require the losing party thereto, as determined by the arbitrator, to bear the costs and fees incurred in any such arbitration, including legal fees and expenses.

To the extent any dispute involving your employment with Walder Education or this Agreement is not arbitrable, you agree to exclusive jurisdiction in the State of Illinois with respect to the matters set forth in or arising out of this Agreement with Walder Education and that any dispute arising out of this Agreement or your employment with the Organization will be governed by and construed in accordance with the laws of the State of Illinois without regard to rules regarding conflicts or choices of law. You and we acknowledge that this Agreement evidences a transaction involving interstate commerce. In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits.

Electronic Notice and Electronic Signature: You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”). Walder Education may provide these Communications to you by posting them via the Sites, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. You should maintain copies of all Communications. You may contact us through email at info@waldereducation.org if you have any questions regarding any Communication. You further consent and agree that your use of your finger, a keypad, mouse or other device to select an item, button, icon or similar act while using the Sites, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us.

No waiver: Either party’s failure to insist on or enforce strict performance of any of these Terms will not be construed as a waiver of any provision or right.

Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of the arbitrator, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. If any provision of these Terms are so held invalid or unenforceable by a court of competent jurisdiction, in whole or in part, such provision shall be interpreted so as to remain enforceable to the maximum extent permissible consistent with applicable law and the parties intent.

Relationship of parties: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Walder Education as a result of these Terms or from your use of any portion of the Sites. You may not enter into any contract on our behalf or bind us in any way.

Assignment: Walder Education may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to access or use the Sites or its Content, and any attempt by you to do so is void.

Integration: These Terms and any applicable Agreements constitute the entire agreement between you and Walder Education relating to this subject matter and supersede any and all prior communications and/or agreements between you and Walder Education relating to access and use of the Sites.

Children:

The Services are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE THE SERVICES. If you are under the age of majority in your home state, which is eighteen (18) years in most states, [you may not establish an Account, and] you should use the Services only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Services or sections of the Services, as well as promotions, programs, and commerce we may offer on the Services, may be explicitly limited to people over the age of majority. If you are not old enough to access the Services or certain sections or features of the Services, you should not attempt to do so.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such websites.

Contact Us:

If you have questions about this Agreement, or if you have technical questions about the operation of the Services, please contact us by writing us at info@waldereducation.org. If you have any questions or comments about our company or our products or have other customer service needs, please email us at info@waldereducation.org.