THE BAR WIZ SERVICE AGREEMENT
ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONSENTING TO TERMS OF THE BAR WIZ LLC SERVICES AND THE USE OF THE BAR WIZ WEBSITE AND THE BAR WIZ COURSE MATERIALS. BY CONSENTING TO THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT.
THE BAR WIZ Terms and Conditions of Membership/Use
The use of THE BAR WIZ’S website and bar review materials are restricted to only those people who agree to the following terms and conditions of membership/use:
SCOPE OF AGREEMENT
This AGREEMENT (“AGREEMENT”) is a binding legal agreement between you (individual) and The Bar Wiz, LLC (“The Bar Wiz, LLC”) governing your use of the The Bar Wiz, LLC course materials (“Materials”) and Website (“Website”) and any associated information, including but not limited to, content, products, components, media, user manuals or guides, educational materials, and services. The Website is licensed, not sold. By using the Website, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, you are prohibited from using this Website or any unauthorized use of our materials.
ELECTRONIC SIGNATURE AND DELIVERY
This AGREEMENT and Website include important disclosures and information. When you click “I ACCEPT” and click the Submit button on the Website you will be signing and consenting to this AGREEMENT electronically and will confirm your understanding and acceptance of this AGREEMENT and its terms and conditions.
GRANT OF LICENSE
Pursuant to the terms and conditions of this AGREEMENT and our Privacy Policy (“Privacy Policy”), The Bar Wiz, LLC grants you a non-exclusive, non-transferable license to use the Website as an individual user. This license is restricted to your personal use of the Website as a The Bar Wiz, LLC account holder for the limited purposes described on the The Bar Wiz, LLC website. You are acquiring no other right to use artwork, designs, trade secrets, trade names, copyrighted materials, trademarks, or service marks of The Bar Wiz, LLC. You acknowledge that The Bar Wiz, LLC grants this license to you in exchange for your subscription to The Bar Wiz, LLC’s bar preparation services. By registering and/or placing an order with The Bar Wiz, LLC, you represent and warrant that you are 18 years of age or older. You also warrant that you are using the Website to prepare for the California State Bar examination, and not at the direction of or for the benefit of a competitor. Violation of these terms will result in legal action.
RESTRICTIONS ON USE
You shall not: (a) use, merge, copy, or make derivative works of the The Bar Wiz, LLC Website, except as specifically authorized in this AGREEMENT; (b) rent, lease, sublicense, distribute, transfer, copy, modify, or timeshare the The Bar Wiz, LLC Website or any of your rights under this AGREEMENT, except as expressly authorized in this AGREEMENT; (c) provide unauthorized third parties with access to or use of the Website; (d) reverse engineer, disassemble, decompile, or otherwise attempt to access the source code of the Website, 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 Website in an unauthorized manner; (f) impersonate any person, entity, or otherwise misrepresent yourself, your age, or your affiliation with any entity; (g) use the Website in any unlawful manner or in any manner that could harm or disable The Bar Wiz, LLC; (h) use the Website to upload, post, send, store, or otherwise transmit any content that The Bar Wiz, LLC finds objectionable; (i) use the Website to further the commercial interests of yourself or other entities without express permission from The Bar Wiz, LLC, or (j) use the Website after any expiration, termination, or cancellation of this AGREEMENT or the license granted herein.
GUARENTEES
The Bar Wiz, LLC makes no formal guarantees in regards to success on the California State Bar Examination. While The Bar Wiz, LLC retains the ultimate confidence in its practices and strategies, there is no formal guarantee associated with the program and passing the CA State Bar. The Bar Wiz, LLC recognizes that the CA State Bar remains one of the most difficult standardized examination administered in the United States, and as such, there is always a great deal of unpredictability associated with student performance on the examination. As such, even though The Bar Wiz, LLC cannot make any formal guarantees as to the success of passing this examination, it does however offer a 100% free opportunity to repeat the program the following examination period to students who do not pass the exam using our services.
REGISTRATION
When you register for access to the Website, The Bar Wiz, LLC may ask you to provide certain identifying information (“Registration Information”). You agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity; misrepresent any affiliation with another person, entity, or association; use false headers; or otherwise conceal your identity from The Bar Wiz, LLC for any purpose. The Bar Wiz, LLC agrees to treat the information you provide in accordance with The Bar Wiz, LLC’s Privacy Policy.
For your protection and the protection of The Bar Wiz, LLC’s other customers, The Bar Wiz, LLC prohibits you from sharing your Registration Information (including passwords and usernames) with any other person for the purpose of facilitating their access and unauthorized use of the Website. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur via the Website through the use of your Registration Information. You shall be responsible for maintaining adequate security measures to ensure that your password and username are kept confidential. You agree to (a) immediately notify The Bar Wiz, LLC of any unauthorized use of your Registration Information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. If your computer is accessible to others, you are responsible for logging out to prevent unauthorized access. The Bar Wiz, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
OWNERSHIP
The Bar Wiz, LLC website is licensed, not sold, to you for use only according to the terms of this AGREEMENT, and The Bar Wiz, LLC reserves all rights, including without limitation intellectual property rights, not expressly granted to you. The Bar Wiz, LLC retains sole and exclusive ownership of the Website and all title and intellectual property rights therein. The Website is protected by national 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 Website or derivative works or improvements of the Website, you hereby assign to The Bar Wiz, LLC all right, title, and interest in and to the Website and derivative works and improvements of the Website.
COPYRIGHT
Unless otherwise specified either on the Website or in the contents of the files, content provided is licensed as follows: Copyright © The Bar Wiz, LLC, Inc. All rights reserved. You acknowledge that The Bar Wiz, LLC owns all rights, title and interest in and to all lectures and course materials, all of which are protected by copyright laws and shall not be shared, sold, copied, recorded or reproduced by you by any means for any purpose.
COMMUNICATIONS
Any communications or material of any kind that you e-mail, post, or otherwise transmit through the Website, including data, content, questions, comments, or suggestions (your “Communications”) will be treated as non-confidential and non-proprietary. You hereby grant a license to The Bar Wiz, LLC to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Website or elsewhere with no liability or obligation to you. The Bar Wiz, LLC 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.
TERM AND TERMINATION
The license granted to you herein will terminate automatically in the event you violate any provision of this AGREEMENT. You may terminate or cancel the license granted by discontinuing use of the Website and providing The Bar Wiz, LLC written notice. In the event of termination for any reason, you shall either delete or destroy any media containing The Bar Wiz, LLC Website or Materials or return it to The Bar Wiz, LLC. The termination of this AGREEMENT does not relieve either party of its rights and obligations that have previously accrued. All matters that (a) expressly survive the termination of this AGREEMENT, (b) relate to the termination of this AGREEMENT, 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 AGREEMENT. Further, The Bar Wiz, LLC reserves the right to terminate your access and use of the Website with or without notice.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, IN NO EVENT SHALL THE BAR WIZ, LLC 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 WEBSITE, RELIANCE ON THE WEBSITE 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 $20.00.
INDEMNIFICATION
You agree to defend, indemnify, and hold The Bar Wiz, LLC 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 Website, including without limitation, your violation of this EULA. Specifically, you agree to indemnify The Bar Wiz, LLC with regard to any violations of licensing agreements with Apple®, Android ™, or the National Conference of Bar Examiners. The Bar Wiz, LLC 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 The Bar Wiz, LLC in asserting any available defenses.
ENTIRE AGREEMENT
This AGREEMENT and our Privacy Policy constitute the entire agreement between you and The Bar Wiz, LLC and supersedes any previous communications, representations or agreements between you and The Bar Wiz, LLC (including, without limitation, any The Bar Wiz, LLC student representative), whether oral or written. No waiver of any provision of this AGREEMENT may be implied from any failure by The Bar Wiz, LLC to assert its rights under this AGREEMENT on any occasion or series of occasions. No vendor, distributor, dealer, retailer, or other person is authorized to modify this AGREEMENT or to make any representation or warranty concerning the Website other than those specifically set forth in this AGREEMENT. Representations, whether oral or written, made by any person, including a The Bar Wiz, LLC student representative, that purport to modify any term of this contract, shall be of no effect. If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect. Your failure to exercise any of your rights under this contract will constitute or be deemed a waiver or forfeiture of those rights.
CHOICE OF LAW AND REMEDIES
This AGREEMENT 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-law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this AGREEMENT 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 The Bar Wiz, LLC with respect to this AGREEMENT, you agree that The Bar Wiz, LLC 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 The Bar Wiz, LLC is successful in the prosecution or defense of such claim or action. Any claim against The Bar Wiz, LLC must be brought within one year of the date the cause of action accrued or shall be deemed waived.
NOTE: By checking the box marked “I Agree”, you accept all of the terms of this agreement. If you do not check this box, your account will not be set-up and all information will be deleted.