Last Updated: September 12, 2016
YOUR USE OF THIS SITE IS GOVERNED BY THE BELOW TERMS AND CONDITIONS (“TERMS”). THE TERMS CREATE A LEGAL CONTRACT BETWEEN YOU AND BAR EXAM PREP AND GOVERN YOUR USE OF AND ACCESS TO BAR EXAM PREP, ALONG WITH THE SERVICES AND DOCUMENTS AVAILABLE ON BAR EXAM PREP AND ITS FORUMS (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU HAVE NO PERMISSION TO ACCESS OR USE THIS SITE OR ANY INFORMATION CONTAINED THEREIN. YOUR USE OF THIS SITE SHALL CONSTITUTE YOUR CONSENT TO THE TERMS HEREIN.
General Use Restrictions
BAR EXAM PREP provides practice and/or preparatory examinations, information, documents and other services for test preparation and reference use, and is intended to aid those studying and/or preparing for the Multistate Bar Exam (“MBE”). BAR EXAM PREP is in no way affiliated with or related to the National Conference of Bar Examiners (“NCBE”), which is the entity that creates and administers the actual MBE. Any documents viewed or downloaded on BAR EXAM PREP are not guaranteed to contain inherently accurate information or actual test questions from the actual MBE and are to be used for exam preparation and informational purposes only. Anything provided to you by BAR EXAM PREP is for reference use only and are not intended to transfer any copyright that may be in effect.
Except for the aforementioned, you acknowledge and agree that no right is provided to you except for the right to utilize BAR EXAM PREP and the within documents for test preparation reference use. Should you breach any of these Terms, the license will immediately terminate. Upon termination of this limited license, you agree to immediately destroy any copied, downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.
Password Restricted Areas of this Site
You are registering for a password to login to this Site and to use certain functions and areas within this Site. The ultimate responsibility for maintaining the confidentiality of your password and account rests with you. Therefore, you agree to notify BAR EXAM PREP if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify BAR EXAM PREP of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
Product Information and Warranties
BAR EXAM PREP has made a conscientious effort to display and describe its products and services on BAR EXAM PREP’S Web Site accurately. Furthermore, BAR EXAM PREP is constantly improving its information, products and services. Consequently, BAR EXAM PREP cannot and does not warrant or guarantee the accuracy or completeness of the information and/or practice examinations, including correct prices, product images, specifications, fitness for use, reliability and availability. Consequently, BAR EXAM PREP does not and cannot guarantee that you will pass the actual MBE or otherwise provide any warranty in connection with the information contained on; represented or presented by; or obtained through BAR EXAM PREP and/or the actual MBE.
If a product offered by BAR EXAM PREP on BAR EXAM PREP’S Web Site is not as described or you are not otherwise satisfied, your sole remedy is to contact BAR EXAM PREP to address your concern and BAR EXAM PREP will respond as necessary.
RECEIVING AN ORDER ACKNOWLEDGEMENT VIA E-MAIL DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. BAR EXAM PREP RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.
No Professional Advice
The information and materials available through BAR EXAM PREP’S Web Site, including without limitation BAR EXAM PREP’S MBE practice examinations, is for informational and educational purposes only and is not a substitute for professional advice. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH BAR EXAM PREP’S WEB SITE, INCLUDING WITHOUT LIMITATION BAR EXAM PREP’S practice MBE tests, IS SOLELY AT YOUR OWN RISK.
Usage of BAR EXAM PREP’s Web site
As a condition of Your use of BAR EXAM PREP’S Web Site, You represent and warrant to BAR EXAM PREP that You will not use BAR EXAM PREP’S Web Site for any unlawful purpose or in any manner prohibited by this Agreement’s terms, conditions or notices.
You represent and warrant that You will not use BAR EXAM PREP’S Web Site in anymanner which could damage, disable, overburden or impair BAR EXAM PREP’S WebSite or interfere with any other party’s use and enjoyment of BAR EXAM PREP’S WebSite.
Certain portions of BAR EXAM PREP’S Web Site (“Member Only Site”) will be accessible only to fee paying customers of BAR EXAM PREP (“Members”). All Member information provided to BAR EXAM PREP must be reasonably current, accurate and complete. If BAR EXAM PREP at any time discovers any error or omission in the information You provide, BAR EXAM PREP may in its sole discretion terminate Your right to access and use of the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your BAR EXAM PREP Member or login information to access any portions of BAR EXAM PREP’S Web Services which are restricted to paying Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof.
You agree that when using BAR EXAM PREP Web Site, You will not:
Violate any applicable laws or regulations;
Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
Attack, ridicule, denounce, impugn an person’s character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation;
Use BAR EXAM PREP’s Web Site for commercial purposes;
Permit anyone other than Yourself to use Your BAR EXAM PREP Member information to access any portions of BAR EXAM PREP’s Web Site which are restricted to Members only;
Forward any portions of BAR EXAM PREP’s Web Site which are restricted to Members to anyone who is not a Member of BAR EXAM PREP; or Violate any of BAR EXAM PREP’s policies, guidelines or other codes of conduct which are applicable to BAR EXAM PREP’s Web Site or in particular to one of BAR EXAM PREP’s Web Services.
Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of BAR EXAM PREP;
Frame, squeeze back, overlay or employ other techniques to enclose or display the BAR EXAM PREP Web Site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the BAR EXAM PREP Web Site, with any other software or content of a third party;
Use any meta tags or any other “hidden text” utilizing the names or trademarks of BAR EXAM PREP without its prior written consent;
Without limiting the generality of the other restrictions set forth herein, access, monitor or copy any content or information of this Web Site using any “robot”, “spider”, “deep link”, “scraper” or other automated means, methodology, algorithm or device or any manual process for any purpose; or
Violate any of BAR EXAM PREP policies, guidelines or other codes of conduct.
BAR EXAM PREP has no obligation to screen or monitor BAR EXAM PREP’s Web Site; however, BAR EXAM PREP reserves the right to review information or materials posted to BAR EXAM PREP’s Web Site, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of BAR EXAM PREP’s Web Site. BAR EXAM PREP reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from BAR EXAM PREP’s Web Site, including without limitation any information or materials posted through use of BAR EXAM PREP’s Web Services, regardless of whether such material does or does not violate this Agreement or any of BAR EXAM PREP’s policies, guidelines, or other codes of conduct which are applicable to BAR EXAM PREP’s Web Site or in particular to one of BAR EXAM PREP’s Web Services.
BAR EXAM PREP SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO BAR EXAM PREP’S PRACTICE EXAMINATIONS AND OTHER MATERIALS AND CONTENT. BAR EXAM PREP DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON BAR EXAM PREP UNLESS IT IS PROVIDED BY AN AUTHORIZED BAR EXAM PREP REPRESENTATIVE. YOUR RELIANCE ON ANY INFORMATION, PRACTICE MBE TEST AND OTHER BAR EXAM PREP CONTENT IS AT YOUR OWN RISK.
Fees and Payments
We may charge you fees for merchandise, products and/or services, including without limitation Content, offered for sale on the Website. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Service and/or through your account/profile at the rates in effect for the billing period in which such fees and charges are incurred (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”). Unless otherwise specified on the Service, all Fees will be quoted and charged in U.S. dollars. We reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon publication of such revised pricing on the Service.
All Fees are due promptly and are generally non-refundable if there is no valid reason for a refund. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.
If you submit a credit, debit, or charge card number, Paypal, Stripe, or other payment information to us upon registration, at the time of purchase, or otherwise, you authorize, give us permission, and direct us to retain such information and to charge all Fees to such payment method.
If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) take any and all lawful steps necessary to collect Fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys’ fees; and/or (ii) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use BAR EXAM PREP or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.
Copyright and Trademark Ownership, Notices and Infringement Copyrights:
All contents of BAR EXAM PREP’s Web Site are: Copyright ©2014-2019 BAR EXAM PREP LLC. All rights reserved.
BAR EXAM PREP’s Web Site and the content displayed on BAR EXAM PREP’s Web Site and all software, data and information used to provide BAR EXAM PREP’s Web Site, including MBE practice tests, text, graphics and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to BAR EXAM PREP, its affiliate and licensees and are protected by the copyright laws of the United States and other countries. The compilation of the content on BAR EXAM PREP’s Web Site is the exclusive property of BAR EXAM PREP and is protected by the copyright laws of the United States and other countries.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from BAR EXAM PREP’s Web Site, without the prior written permission of BAR EXAM PREP. BAR EXAM PREP grants You the limited and nonexclusive right and license to access content from BAR EXAM PREP’s Web Site solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through BAR EXAM PREP’s Web Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use BAR EXAM PREP’s Web Site or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to BAR EXAM PREP and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from BAR EXAM PREP’s Web Site as authorized hereunder. Any rights not expressly granted herein are reserved.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to BAR EXAM PREP’s names, logos, graphics, logotypes, trade dress, designs, or other trademarks.
Repeat Infringer Policy and Copyright Complaints
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, BAR EXAM PREP has adopted a policy of terminating, in appropriate circumstances and in BAR EXAM PREP’s sole discretion, accounts deemed to be repeat infringers. BAR EXAM PREP may also, in its sole discretion, limit access to the Web Site and/or terminate any account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement. If you believe that any user of the Web Site or any account holder has engaged in repeat infringement of your copyrighted materials on or in connection with the Web Site, you may provide BAR EXAM PREP with information about your allegations of repeat infringement.
If you believe in good-faith that anything on the BAR EXAM PREP Web Site infringes any copyright that you own or control, you may file a notification of alleged copyright infringement with BAR EXAM PREP. To be effective, the notification must be a written communication that includes:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BAR EXAM PREP to locate the material;
- Information reasonably sufficient to permit BAR EXAM PREP to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The alleged infringer may provide BAR EXAM PREP with a proper counter-notification. To be effective, the counter-notification must be a written communication that includes the following information:
- The counter-notifying party’s physical or electronic signature;
- Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where BAR EXAM PREP is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided BAR EXAM PREP with notification or an agent of such a person.
We suggest that you consult an attorney before sending us a notification or counter-notification.
Please place the phrase “alleged copyright infringement” in the subject line of your mail.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Notifications and counter-notifications may be sent to our email@example.com
Third Party Content
Certain information and other content that are not BAR EXAM PREP owned may be provided by third party licensors and suppliers to BAR EXAM PREP (“Third Party Content”). The Third Party Content shall be utilized in the same aforementioned capacity and/or manner as other Shared Work(s) in connection with this Site. BAR EXAM PREP DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
Any links to third-party sites that are not owned or operated by BAR EXAM PREP are provided to you solely as a convenience. The third party Web Sites are not under the control of BAR EXAM PREP, and BAR EXAM PREP is not responsible for the contents of or links displayed at of any third party Web Sites, and the inclusion of any link is as a convenience and does not imply endorsement by BAR EXAM PREP of the sites or any association or relationship with its operators.
BAR EXAM PREP reserves the right in its sole discretion to terminate Your access to BAR EXAM PREP’S Web Site, including without limitation BAR EXAM PREP’s practice examinations and/or Web Services, at any time without notice for any reason whatsoever. Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to any representations and warranties contained herein.
Compliance With Applicable Laws
BAR EXAM PREP reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
BAREXAMPREPTEST.COM and BAR EXAM PREP LLC, are trademarks of BAR EXAM PREP LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of BAR EXAM PREP, Copyright © 2019 BAR EXAM PREP. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties
YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. THE MATERIALS AND THE THIRD PARTY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. BAR EXAM PREP DOES NOT WARRANT THE ACCURACY OF TIMELINESS OF THE MATERIALS, SHARED WORK(S) OR THE THIRD PARTY CONTENT CONTAINED ON THIS SITE. BAR EXAM PREP HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS AND/OR THE THIRD PARTY CONTENT, WHETHER PROVIDED BY BAR EXAM PREP OR OUR LICENSORS. THIS SITE AND BAR EXAM PREP DO NOT PROVIDE LEGAL ADVICE. THE MATERIALS, SHARED WORK(S) AND THE THIRD PARTY CONTENT ON THIS SITE ARE FOR INFORMATIONAL AND TEST PREPARATION PURPOSES ONLY. THE MATERIALS AND THIRD PARTY CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR EDUCATIONAL, LEGAL OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY OR APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL OR OTHER ISSUE, INCLUDING RELATIVE TO ANY MBE PRACTICE QUESTION SOLD AND/OR PROVIDED BY BAR EXAM PREP BAR EXAM PREP DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE.
BAR EXAM PREP, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MBE PRACTICE TESTING MATERIALS AND/OR THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SHARED WORK(S), AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BAR EXAM PREP DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. ADVICE RECEIVED VIA BAR EXAM PREP’S WEB SITE, INCLUDING PRACTICE EXAMINATIONS SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE EDUCATION, TEST AND TESTING OR OTHER PROFESSIONAL FOR SPECIFIC ADVICE.
Limitation of Liability
BAR EXAM PREP SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE AND/OR USE OF BAR EXAM PREP CONTENT, PRACTICE MBE TESTS, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL BAR EXAM PREP BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF EMPLOYMENT, AN EMPLOYMENT OPPORTUNITY, DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF BAR EXAM PREP KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF BAR EXAM PREP’S WEB SITE IS TO DISCONTINUE USING BAR EXAM PREP’S WEB SITE. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL BAR EXAM PREP BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF EMPLOYMENT OR EMPLOYMENT OPPORTUNITY, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BAR EXAM PREP’S WEB SITE, WITH THE DELAY OR INABILITY TO USE BAR EXAM PREP’S WEB SITE OR BAR EXAM PREP’S WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH BAR EXAM PREP’S WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF BAR EXAM PREP’S WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BAR EXAM PREP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL BAR EXAM PREP BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH BAR EXAM PREP’S WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH BAR EXAM PREP’S WEB SITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.
YOU AGREE TO INDEMNIFY BAR EXAM PREP FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF BAR EXAM PREP’S WEB SITE, INCLUDING WITHOUT LIMITATION, ANY CLAIM OF INSUFFICIENCY, INADEQUACY OR INCORRECTNESS OF BAR EXAM PREP CONTENT, LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS, AND THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS. BAR EXAM PREP WILL NOTIFY YOU OF ANY CLAIM FOR WHICH BAR EXAM PREP SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO BAR EXAM PREP’S INTERESTS, AS REASONABLY DETERMINED BY BAR EXAM PREP AT ITS SOLE DISCRETION.
Local Laws; Export Control
BAR EXAM PREP controls and operates this Site from its headquarters in the United States of America and the Content, Materials, and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
This Agreement is governed by the laws of the State of New York, USA.
All disputes arising out of or in connection with the present contract, including, but not limited to non-payment, shall be addressed through binding arbitration in the New York City Metropolitan area with NAM or JAMS. The arbitrator is to be agreed on by all parties to the instant agreement. If necessary, the laws of the State of New York will govern any Arbitration proceeding. By submitting the dispute to arbitration under these rules, any awards will be paid without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made.
Each of the Parties shall be responsible for their own legal expenses until an award is given or settlement is reached, provided however, the losing Party shall compensate, in full, the winning party, its heirs and/or assignees all of the winning party’s arbitration costs, legal expenses and other charges and damages deemed fair by the Arbitrator. Any award, including legal expenses, costs and other charges, shall be the subject of a Judgment filed with all applicable government offices or agencies, including the applicable County Clerk.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and BAR EXAM PREP as a result of this Agreement or use of BAR EXAM PREP’s Web Site, including, without limitation, BAR EXAM PREP’s practice examinations, Content and Web Services.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and BAR EXAM PREP with respect to BAR EXAM PREP’s Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and BAR EXAM PREP with respect to BAR EXAM PREP’s Web Site, including without limitation to BAR EXAM PREP’s Web Services.
Notices given by BAR EXAM PREP to You will be given by an e-mail, if an e-mail address is available. Notices given by BAR EXAM PREP to Members may also be given by conventional mail. Notices to BAR EXAM PREP must be sent by email to: firstname.lastname@example.org.
BAR EXAM PREP may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of BAR EXAM PREP.
Captions and Headings
Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.