END USER LICENSE AGREEMENT (Electronically Signed)
ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONSENTING TO USE THE SUPREME BAR REVIEW WEBSITE AND BAR REVIEW COURSE MATERIALS. BY CONSENTING TO THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.
Supreme Bar Review Terms and Conditions of Membership/Use
Use of Supreme Bar Review’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 THIS AGREEMENT. This END USER LICENSE AGREEMENT (“EULA”) is a legal agreement between you (an individual) and Supreme Bar Review, Inc. (“Supreme Bar Review”) governing your use of the Supreme Bar Review 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 EULA. If you do not agree to the terms of this EULA, you are prohibited from using this Website.
- ELECTRONIC SIGNATURE AND DELIVERY. This EULA 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 EULA electronically and will confirm your understanding and acceptance of this EULA and its terms and conditions.
- RESTRICTIONS ON USE. You shall not: (a) use, copy, merge, or make derivative works of the Supreme Bar Review Website, except as specifically authorized in this EULA; (b) rent, lease, sublicense, distribute, transfer, copy, modify, or timeshare the Supreme Bar Review Website or any of your rights under this EULA, except as expressly authorized in this EULA; (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 Supreme Bar Review; (h) use the Website to upload, post, send, store, or otherwise transmit any content that Supreme Bar Review finds objectionable; (i) use the Website to further the commercial interests of yourself or other entities without express permission from Supreme Bar Review, or (j) use the Website after any expiration, termination, or cancellation of this EULA or the license granted herein.
- OWNERSHIP. The Website is licensed, not sold, to you for use only according to the terms of this EULA, and Supreme Bar Review reserves all rights, including without limitation intellectual property rights, not expressly granted to you. Supreme Bar Review retains sole and exclusive ownership of the Website and all title and intellectual property rights therein. The Website 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 Website or derivative works or improvements of the Website, you hereby assign to Supreme Bar Review 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 © Supreme Bar Review, Inc. All rights reserved. By using this Website, you acknowledge that Supreme Bar Review 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 Supreme Bar Review to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Website or elsewhere with no liability or obligation to you. Supreme Bar Review 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.
- TERM AND TERMINATION. The license granted to you herein will terminate automatically in the event you violate any provision of this EULA. You may terminate or cancel the license granted by discontinuing use of the Website and providing Supreme Bar Review written notice. In the event of termination for any reason, you shall either delete or destroy any media containing Supreme Bar Review Website or Materials or return it to Supreme Bar Review. The termination of this EULA does not relieve either party of its rights and obligations that have previously accrued. All matters that (a) expressly survive the termination of this EULA, (b) relate to the termination of this EULA, 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 EULA. Otherwise, the license terminates upon the administration of the applicable bar exam, MPRE, or law school exam. Further, Supreme Bar Review reserves the right to terminate your access and use of the Website with or without notice.
- DISCLAIMER OF WARRANTIES. THE WEBSITE 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 WEBSITE’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 WEBSITE 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 WEBSITE; OR THAT THE WEBSITE WILL BE VIRUS FREE OR OTHERWISE SAFE FOR YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT. NEITHER SUPREME BAR REVIEW 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 WEBSITE AND FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE WEBSITE.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUPREME BAR REVIEW 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 US $10.00.
- INDEMNIFICATION. You agree to defend, indemnify, and hold Supreme Bar Review 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 Supreme Bar Review with regard to any violations of licensing agreements with Apple®, Android ™, or the National Conference of Bar Examiners. Supreme Bar Review 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 Supreme Bar Review in asserting any available defenses.
- CHOICE OF LAW AND REMEDIES. This EULA shall be governed and interpreted solely and exclusively in accordance with the laws of the State of Ohio, 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 EULA shall be filed only in the state or federal courts located in the State of Ohio, 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 Supreme Bar Review with respect to this EULA, you agree that Supreme Bar Review 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 Supreme Bar Review is successful in the prosecution or defense of such claim or action. Any claim against Supreme Bar Review 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.