PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING BAR EXAM PLAYBOOK.
USAGE BY CHILDREN UNDER 13
The Website is not directed to children under the age of 13 and may not be used by children under the age of 13 without the permission and supervision of the appropriate parent(s), guardian(s), or other person(s) responsible for such children. We comply with the Children’s Online Privacy Protection Act (COPPA) and do not permit registration by and will not knowingly collect personally identifiable information from anyone under 13.
RESERVATION OF RIGHTS
Unless otherwise stated, all of the information, ideas, photos, videos, conceptualizations, plans, designs, theories, paradigms, etc. located on Website are the exclusive property of Bar Exam Playbook, and Bar Exam Playbook hereby claims all copyright and other intellectual property rights therein, to the fullest extent provided by law. By visiting the Website, you acknowledge these rights. All of our trademarks, service marks, and trade names are proprietary to Bar Exam Playbook.
You may use Bar Exam Playbook for private, personal use only. You may not link to or otherwise use the Website, any Website content, or intellectual property rights in, to, or associated with the Website (including the domain name barexamplaybook.com) for any commercial purpose or for any private commercial gain without the prior written permission of Bar Exam Playbook. If we grant you such permission, we may withdraw such permission at any time, in our sole discretion and for any purpose. For the avoidance of doubt, “scraping” Bar Exam Playbook is not considered a private use and is strictly prohibited without our prior written permission. Except for search engine exploration and/or investigation, use of any robot, spider, other automatic device, or manual process to monitor or copy our Website or the Content is strictly forbidden.
THIRD PARTY CONTENT
We will not be responsible or liable for the exercise or non-exercise of its rights under the Terms.
“Postings” mean letters, e-mails, blogs, or other types of communications to the editors, webmaster(s), or employees of Bar Exam Playbook, as well as any comments or communications posted to the Website for public viewing.
We will not permit Postings that to our knowledge:
- are obscene and/or promote racism, prejudice, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person or organization;
- contain nudity, violence or offensive subject matter;
- promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- exploit people in a sexual, violent or other manner not respectful of human rights;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities, such as making or buying illegal weapons or violating someone’s privacy;
- solicit passwords or personal information from others for commercial or unlawful purposes;
- knowingly introduce viruses, worms, harmful code or Trojan horses on the Internet;
- involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, solicitation of donations, bartering, advertising or pyramid schemes; or
- infringe the intellectual property rights, business rights, or other rights of any other
We will delete any Posting we know about that violates the foregoing.
Without limiting the foregoing, you are not permitted to use Postings on the Website for any commercial purpose. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Website to join or become members of any commercial online or offline service or other organization is expressly prohibited.
By posting or submitting any materials to us in connection with Bar Exam Playbook, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all “moral rights” in those materials have been waived.
You agree to indemnify, defend and hold Bar Exam Playbook harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of these Terms or use of the Website.
Your right to use Bar Exam Playbook is not transferable. Any password or right given to you to obtain information is not transferable.
All users, including those users who access the Website from a country other than the U.S., agree to be governed by the federal laws of the U.S. and state laws of New York, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in New York City in all disputes arising out of or related to the use of the Website.
These Terms are effective until terminated by either party. You may terminate these Terms at any time by destroying all content obtained from any and all Website(s) and all related documentation and all copies and installations thereof, whether made under the Terms or otherwise. The privileges granted to you by the Terms, including the maintenance of a member account, will terminate immediately without notice from Bar Exam Playbook if, in Bar Exam Playbook’s sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all content obtained from the Website and all copies thereof, whether made under the Terms or otherwise. Bar Exam Playbook may take such further action as Bar Exam Playbook determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Bar Exam Playbook shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Bar Exam Playbook exercise of its rights under the Terms.
The WEBSITE AND WEBSITE content is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, BAR EXAM PLAYBOOK disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. BAR EXAM PLAYBOOK does not warrant that the functions contained in the content will be uninterrupted or error-free, that defects will be corrected, or that the website or the server(s) that makes the Website available are free of viruses or other harmful components. BAR EXAM PLAYBOOK does not warrant or make any representations regarding the use or the results of the use of the content on the Website in terms of its correctness, accuracy, reliability, or otherwise. Further, BAR EXAM PLAYBOOK does not assume any legal liability for the content, quality, accuracy or completeness of said information and materials. Any reliance you place on such information is therefore strictly at your own risk. You (and not BAR EXAM PLAYBOOK) 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 negligence, shall Bar Exam Playbook be liable for any special or consequential damages that result from the use of, or the inability to use, the content on the Website, even if Bar Exam Playbook or a Bar Exam Playbook authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Bar Exam Playbook’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the website.
Any reference made by the Website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Bar Exam Playbook. Content on the Website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Bar Exam Playbook. Bar Exam Playbook does not make any representations and/or express or implied warranties as to the competence and/or quality of the products and services that might be provided by any of the vendors.
LINKS TO OTHER WEBSITES AND SERVICES
To the extent that the Website contains links to outside services and resources, Bar Exam Playbook does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
WAIVER AND SEVERABILITY
The failure of Bar Exam Playbook to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Unless otherwise marked, all content on all mediums, including but not limited to the Website, email newsletters, and social media, associated with Bar Exam Playbook is copyrighted and trademarked by Bar Exam Playbook. If you have a good faith belief that your intellectual property rights have been violated, please send a DMCA takedown notice to firstname.lastname@example.org and we will look into the matter as expeditiously as possible. No action taken by us in connection with any DMCA notice submitted will be construed as an admission of the accuracy or merit of your claim.
All rights reserved. Any part of the content of Bar Exam Playbook may NOT be reproduced or shared in any form or by any means without the express consent of Bar Exam Playbook. To prevent piracy and illicit sharing, every purchase is limited to five (5) downloads and must be used within 30 days of purchase, otherwise your rights to the transaction are unenforceable.
Due to the nature of a digital product, we do not offer any refunds once purchased.
Our service is provided for informational purposes and we do not make any guarantees as to the outcome. While we strive to provide the most up-to-date information possible, we cannot make any guarantees as to the accuracy of the content. Any reliance on such information is at your own risk.
LAST UPDATED: March 2018