In-line with the soul of Bar Prep Buddy, to put the following in simple, plain English: Bar Prep Buddy is a privilege for you to get to use, and that privilege may be revoked or impeded at any point for any reason. We do not provide any guarantees that this will help you pass your state’s bar, or improve your score. If you don’t like it, stop using it. If you run into problems, let us know and we can try our best to help. Our goal is to help you as best we can, but we are in no way going to be held liable for any issues that are caused as a result of you using our services. Don’t be a jerk, and we won’t either.
SCOPE OF THIS AGREEMENT.
ELECTRONIC SIGNATURE AND DELIVERY.
a. This TOU and the Service include important disclosures and information regarding the Service. When you continue to use this website, you confirm your understanding and acceptance of this TOU and its terms and conditions.
GRANT OF LICENSE.
RESTRICTIONS ON USE.
a. You shall not: (a) use, copy, merge, or make derivative works of BPB or Service or any part of the Service, except as specifically authorized in this TOU; (b) rent, lease, sublicense, distribute, transfer, copy, modify, or timeshare the Service or any of your rights under this TOU, except as expressly authorized in this TOU; (c) provide unauthorized third parties with access to or use of the Service; (d) reverse engineer, disassemble, decompile, or otherwise attempt to access the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law; (e) use automated scripts to collect information or otherwise interact with the Service in an unauthorized manner; (f) impersonate any person, entity, or otherwise misrepresent yourself, your age, or your affiliation with any entity; (g) use BPB or Service in any unlawful manner or in any manner that could harm or disable BarPrepBuddy.com; (h) use the Service to upload, post, send, store, or otherwise transmit any content that Bar Prep Buddy finds objectionable; or (i) use the Service after any expiration, termination, or cancellation of this TOU or the license granted herein.
a. The required operating system for our Android™ applications is Android™ 4.1 JellyBean or higher, and the required operating system for our Apple® applications is iOS 6® or higher. These specifications may change from time to time as documented on the BarPrepBuddy.com website. By consenting to this TOU, you agree to monitor the BarPrepBuddy.com website and implement necessary upgrades as the requirements change.
a. The Service is licensed, not sold, to you for use only according to the terms of this TOU, and Bar Prep Buddy reserves all rights, including without limitation intellectual property rights, not expressly granted to you. Bar Prep Buddy retains sole and exclusive ownership of the Service and all title and intellectual property rights therein. The Service is protected by national and international copyright, trademark, service mark, patent, patent registration, trade secret, know-how, or other proprietary rights and laws, and the unauthorized reproduction or distribution thereof is subject to civil and criminal penalties. To the extent you acquire any right to the Service or derivative works or improvements of the Service, you hereby assign to Bar Prep Buddy all right, title, and interest in and to the Service and derivative works and improvements of the Service.
a. All references to a “chargeback” refer to a reversal of a credit/debit card charge placed on BarPrepBuddy.com. There is no reason for a chargeback to ever be filed. If a credit is due, all you need to do is contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on BarPrepBuddy.com, please contact us for immediate resolution.
b. YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS SITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO $100 BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
a. Any communications or material of any kind that you e-mail, post, or otherwise transmit to or through the Service, including data, content, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Bar Prep Buddy to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the BarPrepBuddy.com website or elsewhere with no liability or obligation to you. Bar Prep Buddy and its affiliates, licensors, and agents are free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, without limitation, developing and marketing products using such information, with no additional consideration provided to you.
a. Bar Prep Buddy or its agents may provide you with support services related to the Service ("Support Services"). Such Support Services will be provided by Bar Prep Buddy or its agents at no charge during the term of this TOU. Use of Support Services is governed by the Bar Prep Buddy policies and programs described in the Service or on the BarPrepBuddy.com website. Any supplemental materials provided to you as part of the Support Services shall be considered part of the Service and subject to the terms and conditions of this TOU. With respect to technical information you provide to Bar Prep Buddy or its agents as part of the Support Services, you agree and acknowledge that Bar Prep Buddy or its agents may use such information for its business purposes, including for product support and development for which you will make no claim. Neither Bar Prep Buddy nor its agents will use such technical information in a form that personally identifies you.
USE OF THIRD-PARTY SERVICE PROVIDERS.
a. Bar Prep Buddy may, at its sole discretion and with or without notice, use third-party service providers to assist in providing the Service (each, a “Third-Party Service Provider”). You consent and authorize Bar Prep Buddy to delegate the authorizations you provide to Bar Prep Buddy to its Third-Party Service Provider(s) as Bar Prep Buddy deems necessary or desirable. You agree that all terms and conditions of this TOU inure to the benefit of such Third-Party Service Providers and such Third-Party Service Providers are deemed to be third-party beneficiaries of this TOU. You also agree that all references to “Bar Prep Buddy” within this TOU and any incorporated terms are also deemed to include, where applicable, Bar Prep Buddy’s agents, such as the Third-Party Service Providers.
a. You agree that you will use the Service in accordance with all United States laws and are prohibited from transferring or exporting the Service, directly or indirectly, outside the United States to any country where doing so is prohibited.
TERM AND TERMINATION.
a. The license granted to you herein will terminate automatically in the event you violate any provision of this TOU. You may terminate or cancel the license granted by discontinuing use of the Service and providing Bar Prep Buddy written notice. In the event of termination for any reason, you shall either delete or destroy any media containing the Service or return it to Bar Prep Buddy. The termination of this TOU does not relieve either party of its rights and obligations that have previously accrued. All matters that (a) expressly survive the termination of this TOU, (b) relate to the termination of this TOU, or (c) in the normal course would not occur or be effectuated until after any such termination, as well as all rights and obligations of the parties pertaining thereto, shall survive any termination and be given full force and effect notwithstanding any termination of this TOU. Otherwise, the license terminates upon the administration of the applicable bar exam, MPRE, or law school exam. Further, Bar Prep Buddy reserves the right to terminate your access and use of the Service with or without notice.
DISCLAIMER OF WARRANTIES.
a. THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; THAT THE SERVICE’S FUNCTIONS WILL MEET YOUR REQUIREMENTS; THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE INFORMATION PROVIDED VIA THE SERVICE WILL BE ACCURATE, TIMELY, OR COMPLETE; THAT YOUR REGISTRATION INFORMATION, COMMUNICATIONS, OR OTHER PERSONAL INFORMATION WILL BE SECURE; THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY ADVICE, INSTRUCTIONS, OR RECOMMENDATIONS IN THE SERVICE; OR THAT THE SERVICE WILL BE VIRUS FREE OR OTHERWISE SAFE FOR YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT. NEITHER BAR PREP BUDDY NOR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS PROVIDE ANY GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR STATEMENTS AND CONDUCT OF ANY THIRD PARTIES USING THE SERVICE AND FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE SERVICE.
LIMITATION OF LIABILITY.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAR PREP BUDDY OR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, RELIANCE ON THE SERVICE OR INFORMATION PROVIDED THEREBY, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR YOUR PERFORMANCE ON THE BAR EXAMINATION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED US $10.00.
a. You agree to defend, indemnify, and hold Bar Prep Buddy and its employees, officers, trustees, members, agents, consultants, contractors, and licensors harmless from and against any and all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of the Service, including without limitation, your violation of this TOU. Specifically, you agree to indemnify Bar Prep Buddy with regard to any violations of licensing agreements with Apple® or Android™. Bar Prep Buddy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Bar Prep Buddy in asserting any available defenses.
CHOICE OF LAW AND REMEDIES.
a. This TOU shall be governed and interpreted solely and exclusively in accordance with the laws of the State of California, United States of America, without regard to its conflict-of-laws provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this TOU shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and Bar Prep Buddy with respect to this TOU, you agree that Bar Prep Buddy will be entitled to recover its costs and expenses (including attorney’s fees), in addition to any other remedy available at law, in equity, or otherwise, if Bar Prep Buddy is successful in the prosecution or defense of such claim or action. Any claim against Bar Prep Buddy must be brought within one year of the date the cause of action accrued or shall be deemed waived.
b. In addition to subjecting you to criminal and civil liability, misuse of the Service and violation of this TOU is a violation of professional ethics, and Bar Prep Buddy may report any misconduct to the attorney registration and character and fitness board in your jurisdiction.
a. You acknowledge and agree that each provision of this TOU that provides for a disclaimer of warranties or an exclusion or limitation of damages represents an express allocation of risk, and is part of the consideration of this TOU. This TOU shall not be assignable by you but shall be assignable by Bar Prep Buddy. If any provisions of this TOU are invalid under applicable law, they shall be enforced to the maximum permissible extent to effect the intent of the parties, and the remaining provisions will remain in full force and effect. Section titles or captions herein, which are included for purposes of convenience only, shall not be considered a part of this TOU in construing or interpreting any of its provisions.
b. Android™ is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. The trademark Apple® is a registered trademark of Apple Inc. The trademark iOS® is property of Cisco. Bar Prep Buddy’s use of these trademarks does not imply an endorsement by any of the trademark holders of the Service or Bar Prep Buddy.
CONTINUING TO USE THIS WEBSITE ACTS AS YOUR CONSENT.
a. By continuing to use this website, you acknowledge that you have read and understood this TOU's terms and conditions. You further acknowledge that you are using BPB for the sole purpose of bar exam, MPRE, or law school exam preparation, and not at the direction of, or for the benefit of, a Bar Prep Buddy bar prep competitor.