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Terms of Use

  • Welcome to AccessMore! The AccessMore website (www.AccessMore.com) (the "Site") and the AccessMore mobile application ("AccessMore App") are owned and operated by Educational Media Foundation (referred to herein as "AccessMore", "we", "us" or "our"). By browsing our Site, listening or subscribing to (downloading) podcasts from our Site or the AccessMore App ("Podcasts") or using other services we provide (the "Services"), you agree to be bound by these Terms of Use ("Terms") and laws and regulations that apply to such use.

    We reserve the right to change these Terms or to include new conditions on use of our Services, from time to time, in which case we will post the revised Terms on this Site. By continuing to use any of our Services after we post any such changes, you accept the Terms, as modified.
  • A. ACCOUNT. You do not need to register with us to visit or use our Services. However, in the future, in order to access certain features and utilize the full functionality of the Services, you may be required to register an account with us. If registration is required and you want an account with us, we will ask you to provide certain personal information, which may include your name, email address, zip code, and birthdate. You are responsible for maintaining the confidentiality of your account user name and password ("Credentials") that you use to login to the account, and you are responsible for all activities that occur using your Credentials. You agree not to share your Credentials, let others access or use your Credentials or do anything else that might jeopardize the security of your Credentials. You agree to notify us if your Credentials are lost, stolen, if you are aware of any unauthorized use of your Credentials or if you know of any other breach of security in relation to AccessMore.
  • B. PRIVACY POLICY. All information that AccessMore collects through or in connection with the Services is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through the Site or the AccessMore App, you consent to all actions taken by AccessMore with respect to your information in compliance with the Privacy Policy. You expressly consent and agree to accept and receive electronic communications from AccessMore, including via e-mail. These electronic communications are part of your relationship with AccessMore. You agree that any notices, agreements, disclosures or other communications that AccessMore sends you via email will satisfy any legal communication requirements, including that such communications be in writing.
  • C. AGE. If you are under 13 years old (a minor), you must obtain your parent's or legal guardian's permission to agree to these Terms and to use the Services, including to visit our Site, download and use the AccessMore App or listen to any Podcasts.
  • D. LICENSE. In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use the Services, to display and listen to Podcasts on the Site and, should you choose to use the AccessMore App, to download, install and use an object code copy of the AccessMore App on a mobile device that is owned or leased by you, for your personal use. Your right to use the Services is conditioned on your compliance with these Terms. You have no other rights in the Services. No part of the Site, the AccessMore App or any Podcast may, without AccessMore's prior written consent, be reproduced, redistributed, published, copied or duplicated in any form, by any means. The foregoing license grant is not a sale of the Site, the AccessMore App, any Podcast or any copy thereof, and AccessMore and its third-party licensors or suppliers retain all right, title, and interest in and to the Site, the AccessMore App and the Podcasts, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
  • E. USE. The Services and each Podcast are for your personal use only. You must not use the Services or any Podcast for a business or commercial purpose, to generate income or revenue for yourself or another, or to direct visitors from our Site or the AccessMore App to any other website or mobile application or from any other website or mobile application to our Site or the AccessMore App. You must not use the Services to: (a) harm others, engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (b) damage, disable, overburden, or impair the Site, the AccessMore App, any Podcast, or other Services or any software to services with which the Site, the AccessMore App, any Podcast, or other Services interacts or any security-related features of the Site, the AccessMore App, any Podcast, or other Services, features that prevent or restrict use or copying of any content accessible through the Site, the AccessMore App, any Podcast, or other Services, or features that enforce limitations on use of the Site, the AccessMore App, any Podcast, or other Services; (c) use offensive language or abuse, harass, stalk or otherwise violate the legal rights of a third party; (d) send or store data on or to the Site or the AccessMore App which violates the rights of any individual or entity established in any jurisdiction; (e) share Credentials or other access information; (f) modify, disassemble, decompile or reverse engineer the Site, the AccessMore App, any Podcast or other Services (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact AccessMore and provide AccessMore an opportunity to create such changes as are needed for interoperability purposes); (g) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Site, the AccessMore App, any Podcast, or other Services to any third-party or use the Site, the AccessMore App, any Podcast or other Services to provide time sharing or similar services for any third-party; (h) make any copies of the Site, the AccessMore App, any Podcast or other Services; (i) delete the copyright and other proprietary rights notices on the Site, the AccessMore App, any Podcast or other Services; (j) use the Site, the AccessMore App, any Podcast, or other Services for any purpose other than their intended purposes; or (k) use the Site, the AccessMore App, any Podcast, or other Services in violation of any federal, state or local law, regulation or rule. Standard carrier data charges may apply to use of the AccessMore App. You acknowledge that AccessMore may from time to time issue upgraded versions of the AccessMore App, and may automatically electronically upgrade the version of the AccessMore App that is being used on your mobile device. You hereby consent to such automatic upgrading and agree that these Terms will apply to all such upgrades.
  • F. APPLE/GOOGLE DOWNLOADS. You may download or stream the AccessMore App and the Podcasts through the use of mobile applications available through the Apple Store of Apple, Inc. ("Apple") or the Google Play Service of Google, Inc. ("Google"; together, Apple and Google are referred to as the "Providers"). Use of the Providers' services to download and install the AccessMore App requires a mobile device that is compatible with the applicable Providers' services. AccessMore does not warrant that the Providers' services will be compatible with every mobile device. The following additional terms and conditions apply with respect to use of the Providers' services in order to download, install or use the AccessMore App. You acknowledge that your agreement for use of the AccessMore App and the Provider's services is between you and AccessMore only, and not with either Apple or Google. Your use of the AccessMore App on an Apple- or Google-powered device must comply with the then-current Apple App Store Terms of Service or Google Play Terms of Service, as applicable. You acknowledge that Apple and Google, as applicable, each are only a providers of the services from which you obtained the AccessMore App and that AccessMore, and not Apple or Google, are solely responsible for the AccessMore App and the Services and content available thereon. You acknowledge that neither Apple nor Google has any obligation to provide maintenance and support services with respect to the AccessMore App. To the maximum extent permitted by applicable law, neither Apple nor Google will have any warranty obligation whatsoever with respect to the AccessMore App. You agree that AccessMore, and not Apple or Google, as applicable, are responsible for addressing any claims by you or any third-party relating to the AccessMore App or your possession and/or use of the AccessMore App, including, but not limited to: (i) product liability claims; (ii) any claim that the AccessMore App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the AccessMore App. You agree that AccessMore, and not Apple or Google, as applicable, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the AccessMore App or your possession and use of the AccessMore App. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using the AccessMore App (e.g., you must not be in violation of your wireless data service terms of agreement when using the AccessMore App). You agree that Apple or Google, as applicable, as the provider of your mobile application service, and its respective subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the AccessMore App. Upon your acceptance of these Terms, Apple or Google, as applicable, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the AccessMore App as a third-party beneficiary thereof.
  • G. DISCLAIMER OF WARRANTY. THE SERVICES, INCLUDING OUR SITE, THE ACCESSMORE APP, THEIR CONTENTS AND THE PODCASTS AND THEIR CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. The information, statements, comments, views, and opinions expressed or provided in any Podcast (including by speakers who are not officers, employees, or agents of AccessMore) are not necessarily those of AccessMore, and may not be current. AccessMore does not make any representation or warranty as to the accuracy or completeness of any of the information, statements, comments, views or opinions contained in the Podcasts, and any liability therefor (including in respect of direct, indirect or consequential loss or damage of any kind whatsoever) is expressly disclaimed. AccessMore does not undertake any obligation whatsoever to provide any form of update, amendment, change or correction to any of the information, statements, comments, views or opinions set forth in the Podcasts.
  • H. LIMITATION OF LIABILITY. NEITHER ACCESSMORE, NOR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES, SHALL BE LIABLE FOR INJURY, LOSS OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM THE USE OF THE SERVICES, THE SITE, THE ACCESSMORE APP, THE PODCASTS, ANY CONTENT INFORMATION, ERRORS, OMISSIONS, DEFECTS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, SECURITY BREACH, UNAVAILABILITY OF SERVICES, DELAY OR FAILURE OF PERFORMANCE, OR ANY OTHER POSSIBLE OCCURRENCE WITH RESPECT TO THE SITE, THE ACCESSMORE APP OR THE PODCASTS. Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall AccessMore or its affiliates be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the Services, the Site, the Mobile App or any Podcasts.
  • I. CHANGES. Notwithstanding any other provision of these Terms, AccessMore and its licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of the Services at any time without notice. In no event will AccessMore be liable for making these changes. AccessMore may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.
  • J. THIRD PARTY SITES. The Services may display, include or make available third-party content (including podcasts, software, data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising. We disclaim liability for any third-party podcasts, website content, products, privacy policies, or security. If you choose to use the products or services available at a linked site, you agree to read and adhere to the policies and terms of use that apply to that site. In addition, any advice, opinions, or recommendations that the linked site provides are those of the linked site and not of AccessMore. Your participation in any linked site, including payment for and delivery of goods or services, is based solely on the agreement, if any, between you and the linked site. AccessMore is not responsible for the use of personal information that is collected by sites linked to or from our Site or the AccessMore App.
  • K. INTERNATIONAL USE. AccessMore does not make any representation that use of the Services is appropriate or available for use in locations outside of the United States. You are prohibited from accessing the Site and the AccessMore App from countries or territories where its content or use is illegal. If you access our Site or the AccessMore App from locations outside the United States, you do so at your own risk and are responsible for compliance with local laws.
  • L. GOVERNING LAW; ATTORNEYS' FEES. We think direct communication resolves most issues. Generally, if we believe that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s), where applicable, because we value this relationship. However, certain violations of these Terms, as determined by us, may require immediate termination of your account without prior notice to you. These Terms are governed by the laws of the State of California, U.S.A. Any suit involving any dispute or matter arising under these Terms may only be brought in the United States District Court for the Eastern District of California or any state court sitting in Placer County, California having jurisdiction over the subject matter of the dispute or matter. You hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding. In any mediation, arbitration, suit or other action arising out of or in connection with any of the Terms, covenants or provisions of these Terms, you agree that all attorneys' fees, costs and any other expenses incurred or accrued directly or indirectly in connection therewith shall be paid by the party who is (or the parties who are) found by the arbitrator or court to have breached these Terms in addition to any equitable relief or damages and/or costs awarded at law; provided that if more than one party is found to have breached these Terms, the court shall award all such attorneys' fees, costs and expenses to the party who is found to be the least at fault.
  • M. AccessMore welcomes your questions or comments regarding the Terms; to do so, please contact us at:
    AccessMore c/o Educational Media Foundation
    5700 West Oaks Blvd,
    Rocklin, CA 95765
    Phone: (800) 525-5683