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TERMS OF USE AGREEMENT

 Please read the Terms of Use Agreement carefully.
1.
Terms of Use for All of MyBarPrep's Services

1.1 You understand and agree that MyBarPrep's services are provided to and registered to you ("User") exclusively under MyBarPrep's Terms of Use. By completing the registration process you are stating that you agree to be bound by the Terms of Use in effect and as updated by MyBarPrep periodically, that you are an adult (18 years or older), and that you have read and understand the Terms of Use. Please visit this page often to view the most current form of the MyBarPrep Terms of Use.

CRIMINAL CHARGES WILL BE FILED AGAINST YOU IF YOU VIOLATE THE TERMS OF USE AND YOUR MEMBERSHIP WILL BE TERMINATED.

1.2 MyBarPrep reserves the right to terminate any User's account if MyBarPrep is made aware that User has violated the Terms of Use. To meet the pass guarantee you must meet the following requirements: Complete the MBE program. The MyBarPrep MBE Review consists of 9 databases and a email component, totaling approximately 2,500 questions. The MyBarPrep system records the time and areas studied in the MBE review. To meet the guarantee you must have answered all questions in the databases correctly at least three times, and have spent an average of at least one minute per question while studying.

You must also login once each day during the duration of your Membership. You must have taken the bar exam within one year from the date of purchase of your Membership to meet the requirements for the guarantee. If you have completed all the requirements set forth and you don’t pass the exam, you are eligible for a refund or free update (where appropriate), providing you do the following:

(1) send a letter or facsimile to MyBarPrep, and a copy of your official examination results within 10 days of receiving your results. MyBarPrep is the sole determinant of your compliance with the aforementioned requirements. The MyBarPrep Team will verify the number of questions completed as recorded in our database. Users may only invoke this satisfaction guarantee once. California First Year Law Student Examinees do not qualify for this guarantee. We reserve the right to refuse a request for refund if such request is not received by us on a timely basis.

1.3 Suspected Fraudulent Purchases, may result in an additional fee not to exceed $2.50.

1.4 Under MyBarPrep's privacy policy, MyBarPrep may disclose to third parties certain aggregate information contained in Users' registration application. MyBarPrep will not disclose any individual User's name, address, or email address without User's prior written consent, except to the extent necessary to comply with legal proceedings where such information is relevant.

1.5 MyBarPrep may modify or discontinue its services or any User's account with or without notice to User, without liability to User.

1.6 You are responsible for maintaining the confidentiality of your MyBarPrep password. You agree to immediately notify MyBarPrep of any unauthorized use of your password.

1.7 You agree that the use of MyBarPrep's service is at your sole risk.

1.8 MyBarPrep makes no representation as to the results that may be achieved from the use of any information obtained through MyBarPrep's services.

1.9 THE MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED WARRANTIES ARE EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. MYBARPREP WILL NOT BE LIABLE FOR ANY INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OBTAINED THROUGH THE SERVICE. SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR LIMITATIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THE LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.

1.10 You acknowledge that the MyBarPrep site contains information (Content) and other material that are protected by copyright, trademark or other proprietary rights of MyBarPrep. All content on the MyBarPrep site is copyrighted as a collective work pursuant to applicable copyright law. Users of the MyBarPrep site may use the Content only for their personal, non-commercial use.

1.11 The Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions or your actual state or country of residence. The state and federal courts of the Commonwealth of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Use.

1.12 The Terms of Use shall bind and inure to the benefit of MyBarPrep's successors and assigns, including without limitation, any entity into which MyBarPrep shall merge or consolidate. User may not assign any of User's rights or obligations under this agreement without MyBarPrep's prior written consent. Any attempted assignment, delegation, or transfer by User without the written consent of MyBarPrep shall be void.

1.13 If any provision of this Agreement is not valid according to the law, all other provisions will remain in force.

1.14 The Terms of Use constitute the entire agreement between the parties and supersedes all prior or contemporaneous agreements regarding the use of the MyBarPrep site.

1.15 Any action on any claim against MyBarPrep must be brought by User within one (1) year following the date the claim first accrued, or shall be deemed waived.

2. National Conference of Bar Examiners (NCBE) Released Questions

2.1 The MBE questions and answers (“NCBE Content”) provided in this Web site are copyrighted by the National Conference of Bar Examiners. You are permitted to view the NCBE Content for your personal and non-commercial use only. You are not permitted to copy, modify, reproduce, disclose or distribute any of the NCBE Content in whole or in part. Any unauthorized use of the NCBE Content is a violation of the NCBE’s rights and could subject you and others who are involved to criminal and civil penalties.

2.2 Certain publicly disclosed questions and answers from past MBE examinations have been included herein with the permission of NCBE, the copyright owner. These questions and answers are the only actual MBE questions and answers included in MyBarPrep’s materials. Permission to use the NCBE’s questions does not constitute an endorsement by NCBE or otherwise signify that NCBE has reviewed or approved any aspect of these materials or the company or individuals who distribute these materials.

3. Additional Terms of Use for MyBarPrep Bulletin Boards, Surveys and Email Feedback

3.1 Users agree to comply with MyBarPrep's Community Standards.

3.2 Users are responsible for the content of their bulletin board postings.

3.3 Users agree not to use bulletin boards for "spamming" or solicitations (commercial or non-commercial). You agree not to use bulletin boards to post any message or material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful in any manner or nature or that encourages conduct that could constitute a violation of any applicable local, state, federal or international law or regulation.

3.4 MyBarPrep assumes no responsibility for the deletion or failure to store bulletin board postings.

3.5 You agree you will not do any of the following:

3.5.1 Defame, threaten or violate the legal rights of other MyBarPrep Users;

3.5.2 Publish or disseminate any defamatory, obscene, or unlawful information; or

3.5.3 Advertise or offer to sell any goods or services.

3.6 You acknowledge that all bulletin board postings are public communications.

3.7 MyBarPrep reserves the right for any reason to remove without notice any bulletin board posting.

3.8 Information submitted through surveys and via email becomes property of MyBarPrep.

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