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Terms and Conditions 

These terms and conditions ("Terms", "Agreement") are an agreement between Bar Essay Prep ("us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Bar Essay Prep website and desktop application and any of its products or services (collectively, “Desktop Application” or “Services").

 

Links to other applications

Although this Desktop Application and or Website may link to other applications or websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked application or website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their applications or websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties.

 

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Desktop Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

 

Commercial Reuse of Services

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for commercial or personal reasons any part, use of, or access to Bar Essay Prep Desktop Application and Services. 

 

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Bar Essay Prep or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Bar Essay Prep. All trademarks, service marks, graphics and logos used in connection with our Desktop Application or Services, are trademarks or registered trademarks/ or copyrights or patents of Bar Essay Prep. Other trademarks, service marks, graphics and logos used in connection with our Desktop Application or Services may be the trademarks of other third-parties. Your use of our Desktop Application and Services grants you no right or license to reproduce or otherwise use any Bar Essay Prep or third-party trademarks/copyrights/patents or any other intellectual property.

 

Warranty Disclaimers 

 

HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

  1. THE USE OF BAR ESSAY PREP SERVICES AND DESKTOP APPLICATION ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND DESKTOP APPLICATION SHALL BE PROVIDED ON AN “AS IS”  AND/OR “AS AVAILABLE” BASIS. BAR ESSAY PREP AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AN ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  

  2. BAR ESSAY PREP AND AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (I) BAR ESSAY PREP SERVICES OR DESKTOP APPLICATION WILL MEET YOUR REQUIREMENTS; (II) BAR ESSAY PREP SERVICES AND DESKTOP APPLICATION SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF BAR ESSAY PREP SERVICES AND DESKTOP APPLICATION WILL BE ACCURATE OR RELIABLE; (IV) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR DESKTOP APPLICATION WILL MEET YOUR EXPECTATIONS; AND (V) THAT ANY SUCH ERRORS CONTAINED IN THE DESKTOP APPLICATION SHALL BE CORRECTED.

  3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF BAR ESSAY PREP SERVICES OR DESKTOP APPLICATION SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLEY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNETS ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. 

  4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM BAR ESSAY PREP OR BY WAY OF OR FROM OUR SERVICES OR DESKTOP APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICES.

 

ALL MATERIALS HAVE BEEN PREPARED FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION PRESENTED IS NOT LEGAL ADVICE, IS NOT TO BE ACTED AS SUCH.

 

 

 

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Bar Essay Prep, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Bar Essay Prep has been advised as to the possibility of such damages or could have foreseen such damages.

 

Indemnification

You agree to indemnify and hold Bar Essay Prep and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Desktop Application or Services or any willful misconduct on your part.

 

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in California, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Desktop Application or Services at any time, effective upon posting of an updated version of this Agreement in the Desktop Application or Services. When we do, we will send you an email to notify you. Continued use of the Desktop Application or Services after any such changes shall constitute your consent to such changes.

 

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Bar Essay Prep Desktop Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Desktop Application and its Services.

 

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@baressayprep.com

 

This document was last updated on March 22, 2020

UBE®, MEE®, and NCBE® are trademarks of the National Conference of Bar Examiners. © Copyright 2020. All rights reserved. 

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