Please carefully read these terms and conditions (“Terms and Conditions”) before using this website (the “BARBRI Site”). By accessing, using or downloading materials from the BARBRI Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the BARBRI Site.
BARBRI is the owner of the BARBRI Site. The BARBRI Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by BARBRI.
Portions of the BARBRI Site may be made available only to persons who have registered and who have been issued a username and/or password or other positive identifiers by BARBRI (“Registered Users”). Only Registered Users are authorized to access the restricted portions of the BARBRI Site. Your use of the BARBRI Site and access to the Information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms and Conditions. In addition, access to certain areas of the BARBRI may also be governed by other terms and conditions. In the event of a conflict between these Terms and Conditions and those necessary to access restricted portions of the BARBRI Site, the ones governing the restricted portions of the BARBRI Site will govern your access to such areas and any transactions conducted while in such restricted areas, and these Terms and Conditions will apply where there is not a conflicting provision. In addition, you hereby acknowledge and agree as follows:
1. License Grant
BARBRI grants you a worldwide, non-exclusive, and non-transferable license to use the BARBRI Site. You may download, view, copy, and print the Information incorporated into this BARBRI Site solely for your personal, non-commercial use. The Information may not be transferred, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the BARBRI Site, to facilitate unfair competition with the BARBRI Site, or for any purpose that is inappropriate or unlawful under applicable United States and international law.
Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file except through the authorized access to the BARBRI Site. Unless separately and specifically authorized in writing by BARBRI, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the BARBRI Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the BARBRI Site without the authorization of BARBRI is strictly prohibited. You agree to use the BARBRI Site and Information for lawful purposes only. You agree not to post or transmit any information through the BARBRI Site which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the BARBRI Site or Information.
You may no longer cancel your enrollment once you have been shipped course materials, attended a bar review class, or had access to any online bar review course content.
4. Responsibility for Content
BARBRI does not screen, edit or review material submitted by users. BARBRI can therefore accept no responsibility or liability for any material which may reside in or is accessed by the BARBRI Site other than BARBRI Information. BARBRI has no responsibility with respect to other sites.
You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the BARBRI Site. Furthermore, you may not use any of BARBRI’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without the BARBRI’s express written permission, which BARBRI may withhold in its sole discretion. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by BARBRI; (ii) cause confusion, mistake, or deception; (iii) dilute BARBRI’s trademarks or service marks; or 4) otherwise violate state or federal law. This BARBRI Site may contain links to other websites. These links are provided for informational purposes only, and BARBRI does not sponsor or affiliate with any linked entity unless expressly stated. BARBRI makes no representations and assumes no responsibility for your use of links provided on the BARBRI Site. You agree to indemnify and hold BARBRI and any of its related entities, board members, employees, agents and representatives harmless from and against, and shall reimburse BARBRI for any liability, damage, claim, loss, cost or expense (including, without limitation, court costs and reasonable attorneys’ fees) which may be incurred by BARBRI as a result of the material you link, upload, post, or transmit to the BARBRI Site. BARBRI has no duty to review or edit materials submitted by users. Any such materials may be removed by BARBRI at any time for any reason whatsoever.
7. Password Disclosure
If, at any time, you are issued a username and/or password or other positive identifiers of the user issued and authorized by BARBRI and you learn or suspect that such identifiers have been disclosed or otherwise made known to any person other than yourself, you agree to immediately change your password to prevent unauthorized access to your account.
8. Exclusions of Warranties
You acknowledge and agree that no warranties of any kind are made with respect to the BARBRI Site, BARBRI Lectures, BARBRI StudySmart software, BARBRI Mobile Apps, BARBRI Information, BARBRI AMP or other sites. Furthermore, you acknowledge that the Information and links provided through the BARBRI Site are compiled from sources that are beyond the control of BARBRI. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur, and that BARBRI and its licensors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE BARBRI SITE AND INFORMATION ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. BARBRI DOES NOT WARRANT THAT THE BARBRI SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. BARBRI EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BARBRI SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE BARBRI SITE, BARBRI LECTURES, BARBRI STUDYSMART SOFTWARE, BARBRI MOBILE APPS, BARBRI INFORMATION, OR BARBRI AMP, INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. Under these Terms and Conditions, you assume all risk of errors and/or omissions in the BARBRI Site and Information, including the transmission or translation of Information. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD BARBRI HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to BARBRI on or in connection with the BARBRI Site are submitted without any restrictions or expectation of confidentiality. BARBRI shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. BARBRI shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed, or otherwise distribute your submissions in any manner without notice or compensation to you.
You acknowledge that BARBRI reserves the right to, and may from time to time, monitor any and all Information transmitted or received through the BARBRI Site. BARBRI, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which BARBRI deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the BARBRI Site, authorized or unauthorized, constitutes consent to such monitoring.
11. Export Controls
Your use of the BARBRI Site will comply with all applicable laws, rules and regulations that govern the export of technical data.
12. Privacy and Consent to Share Certain Information
When you access content in our website, we collect information, including, but not limited to, information about the lectures you watch online, the test questions you complete, your performance on practice tests, and your progress toward full completion of all course assignments. Information concerning your usage of our site and your progress using our study materials (“Course Performance Information”) may be disclosed to third parties such as educational institutions, professors, and product development partners for a variety of purposes, including, but not limited to, analyzing and improving bar passage rates and for the development of new products and services. To the extent an educational institution (e.g., your law school) collects and maintains Course Performance Information, that information may be considered an educational record under the Family Educational Rights and Privacy Act (“FERPA”), 20 USC 1232g. If so, you may have certain rights of access and confidentiality as to those educational records, if any, as a student of that institution. By accessing and using BARBRI services, you consent to allow free exchange of Course Performance Information between BARBRI and your educational institution.
13. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without reference to any conflict of law principles. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Dallas, Dallas County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Dallas County, Texas, are an inconvenient forum.
14. Limitation of Liability
IN NO EVENT SHALL BARBRI OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND.
15. Limitation of Claims
Any action on any claim against BARBRI must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
17. Copyright, Patent and Trademark Notice
Copyright 2014 BARBRI, Inc. All rights reserved. The BARBRI Site and Information is the valuable, exclusive property of BARBRI or its licensors and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in these Terms and Conditions, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without BARBRI’s prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. BARBRI, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of BARBRI, Inc. All other product names and company logos mentioned on the BARBRI Site or Information are trademarks of their respective owners.
18. Notice and Procedure for Copyright Infringement Claim
BARBRI, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your use the BARBRI Site or Information if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. BARBRI accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), BARBRI has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. BARBRI’s designated agent to receive notification of claimed infringement is:
Elizabeth Duke, Director of Publishing
200 W. Adams, Suite 250
Chicago, IL 60606
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the BARBRI designated agent, listed above, and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
19. Entire Agreement
This is the entire agreement between the parties and may not be modified except in writing signed by both parties.