Access Learning - Terms of use

Your Use of the Website
This website (hereinafter "Website") is owned and operated by Access Learning, a division of Distribution Access operated by 7215088 Canada Inc. Unless otherwise indicated, the content, format and imagery of this Website are copyrighted under the laws of Canada and the United States by Access Learning, and are protected by worldwide copyright laws and treaty provisions. Unauthorized duplication is a violation of law. The content, format and imagery of the Website may not be copied, published, broadcast, distributed, reproduced or transmitted in any way. You may not use the Website or any materials on the Website in any commercial or for-profit manner.

For purposes of this Agreement, the use of any materials from the Website on any other website or computer environment is prohibited without the express written consent of Access Learning For the purpose of the Terms of Use the term "Subscriber" shall apply to those users of the Website who are registered subscribers that have a valid user name and password for accessing the Website and the material on the Website.

Confidentiality
In consideration of your use of this Website and any services provided by Access Learning in connection therewith (hereafter, the "Service"), you agree to: keep your user name and password confidential. Subscriber is responsible for maintaining the security and confidentiality of all log-In information, including user name and password information.

Use of the Material
Access Learning reserves the right, in its sole discretion, to limit any Subscriber�s use of the Website in the event that Access Learning, in its sole discretion, deems such Subscriber�s use of the Website to be inconsistent with noncommercial, educational purposes and/or inconsistent with the Terms of Use.

The Website and the images, audio files and video files on the Website ("Material") are owned or licensed by Access Learning and are protected by Canadian and international copyright, trademark and other intellectual property laws. Subscriber does not gain any type of ownership interest in the Website or the Material by using the Website or the Material.

Subscriber may download, solely in connection with noncommercial educational use (PPR: Public Performance Rights), copies of the Material designated on the website as "Downloadable." Copies of downloaded Material must be deleted or erased upon expiration of the Term. Any and all downloading shall be for individual Subscriber convenience only, and Subscribers may not (i) systematically download any of the Material; (ii) create distribution libraries from the Material; or (iii) sell, rent, display, exhibit or otherwise transfer any of the Material to any third party outside of the Subscriber�s licensed facility unless strictly on loan to students or teachers of the facility.

In the course of using any Material as permitted hereunder, Subscriber may not make the Material, or any part thereof, available to any party who is not a Subscriber, except as permitted herein. Subscriber must ensure that the Material is at all times kept on a secure server, viewable only by Subscribers. If Subscriber wishes to use a third party to host the Material, Access Learning must pre-approve the use of such proposed host in writing prior to use of the proposed host. Access Learning shall have the right to approve the terms of the proposed agreement between the proposed host and Subscriber. Except as expressly set forth herein, Subscriber may not (i) copy, modify, transmit, perform, create derivative works of, publish, sub-license, or otherwise share the Website, the Material, or any portion thereof; (ii) disassemble, reverse engineer or decompile the Website or any portion thereof; (iii) use any "deep-link", "page-scrape", "robot", "spider," "offline readers," or any equivalent manual process, to access or monitor any portion of the Website; (iv) collect any personally identifiable information, including user names or passwords, from the Website; (v) take any actions that may circumvent, disable or damage the Website's security; (vi) use the Material in a manner that disparages the Website, Access Learning, or the Material; or (vii) use the Material or Website in any manner that Access Learning may, in its sole and exclusive discretion, deem inappropriate.

Subscriber understands and agrees that the Website and the Material possess a unique character that makes it difficult to assess the monetary damages that would be sustained as a result of unauthorized use of the Website or Material. Subscriber understands and agrees that unauthorized use may cause immediate and irreparable damage to Access Learning for which Access Learning would not have an adequate remedy at law. Therefore, Subscriber agrees that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies that may be available to Access Learning, shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.

Your Actions as a Subscriber
You acknowledge and understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, content or other submissions ("Submission"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Materials originated.

You agree not to use the Website to:

upload, post, email or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful whether sexually, racially or ethnically, or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, any law enforcement officer, or any Access Learning official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Website;
upload, post, email or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under any nondisclosure agreement);
upload, post, email or otherwise transmit any Submission that infringes, contributes to the infringement of, or induces others to infringe, any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
upload, post, email or otherwise transmit anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or in any other way cause damage to a user's data against the will of the user;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.

You acknowledge that Access Learning and anyone it designates shall have the right, but not the obligation, in their sole discretion to move or refuse to move any Submission that is available via the Website. Without limiting the foregoing, Access Learning and anyone it designates shall have the right to remove any Submission that violates these terms of use or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Submission, including any reliance on the accuracy, completeness, or usefulness of such Submission. In this regard, you acknowledge that you may not rely on any Content (i) created by Access Learning or on this Website, or (ii) submitted to Access Learning or this Website, including without limitation information in any Access Learning bulletin boards and in all other parts of the Website.

You acknowledge and agree that Access Learning and this Website may preserve any Submission and may also disclose any Submission if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms of service; (iii) respond to claims that any Content violate the rights of third-parties; or (iv) protect the rights, property, or personal safety of Access Learning and this Website, its users and the public.

You understand that the technical processing and transmission of the Website, including your Submission, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of various networks or devices to which the Website is connected. This Website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Access Learning site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Access Learning or its vendors or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from this Website without the prior expressed written permission of Access Learning, or the appropriate third party.

Terms of Use May Change
Access Learning reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of this Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Website.

Correction of Errors and Inaccuracies
The content of this Website, including but not limited to text, availability and descriptions may contain errors or inaccuracies, and may not be complete or current. Access Learning reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

Termination
This Agreement will terminate immediately without notice from Access Learning or this Website, if in their sole discretion you fail to comply with any term or provision of this Agreement, if you are an infringer of any third party's rights, or if you engage in conduct that is illegal, tortuous or that interferes with the technological operation of this site. Upon termination, you must destroy all Materials obtained from Access Learning or this Website and all copies thereof, whether made under the terms of this Agreement or otherwise.

Disclaimer
Access Learning MAKES, AND THIS WEBSITE INCLUDES, NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO Access Learning OR THE CONTENTS OF THIS WEBSITE, INCLUDING THE MATERIAL, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." Access Learning AND THIS WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO Access Learning AND THIS WEBSITE AND ANY WEB SITE WITH WHICH IT IS LINKED OR CONTENT PROVIDED BY SUPPLIERS TO THIS WEBSITE. Access Learning NOTIFIES YOU THAT MUCH OF THE CONTENT OF THE WEBSITE IS SUPPLIED BY THIRD PARTY SUPPLIERS WHO ARE ULTIMATELY RESPONSIBLE FOR THE CONTENT SUPPLIED BY THEM. Access Learning DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON OR THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT Access Learning OR THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. Access Learning DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Access Learning OR THIS WEBSITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Access Learning OR THIS WEBSITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF Access Learning, OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Access Learning�s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL Access Learning BE RESPONSIBLE FOR ANY DAMAGES RELATED TO VIRUS INFECTION AND THE RESULTING CORRUPTION, DESTRUCTION, OR ALTERATION OF A USER OR SUPPLIER'S SYSTEM (INCLUDING FILES, SOFTWARE AND HARDWARE LOCATED ON THEIR SYSTEMS).

Jurisdiction and Export
This Website is controlled and operated by Access Learning. Access Learning and this Website make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from Access Learning or this Website may be downloaded or otherwise exported or re-exported into (or to a national or resident of any country to which Canada has embargoed goods.