Terms and Conditions

BAR EXAM INC
d/b/a Zen Bar Review
d/b/a Zip Bar Review

TERMS AND CONDITIONS OF USE
& PRIVACY POLICY

The following TERMS AND CONDITIONS OF USE (“Terms and Conditions”) and PRIVACY POLICY (“Privacy Policy”) are subject to change at any time and at the sole discretion of Bar Exam Inc, the Site owner and operator of Zen Bar Review and Zip Bar Review. Zen Bar Review is a bar exam wellness program which focuses on addressing test anxiety and wellness relating to bar review and bar exam testing and does NOT include tutorial content or services related to bar examinations. Zip Bar Review is a virtual bar exam program offered through tutoring membership products and services. Each bar program is operated separately and requires separate membership to access products, contents, and services related to that particular bar program. Membership access to members-only areas of the Site lasts from the date of purchase until the date of the bar exam which is indicated on the purchase receipt.

These Terms and Conditions and Privacy Policy apply to your use of all the Sites and services owned or operated by Bar Exam Inc, including zenbarreview.com, zipbar.com, zipbarreview.com, and any other site that Bar Exam Inc owns or operates or may own or operate in the future (collectively, the “Site”) unless otherwise indicated. Unless otherwise stated, all references to the Sites in these Terms and Conditions and Privacy Policy include all such Sites. Please visit the Site regularly for updates.

By accessing any areas of the Site or using or downloading materials from the Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions (“Agreement”), please do not use the Site or the materials made by available by Bar Exam Inc. The Site contains information, including but not limited to, all text, including exam questions and answers, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software, buttons, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by Bar Exam Inc or otherwise made available by or through Bar Exam Inc. Certain areas of the Site are available only to persons who have registered, paid for registration for a particular bar review program, product or service, and have been issued a username and password (“Registered Users”) by Bar Exam Inc or its related entities, including its bar review programs, including but not limited to Zen Bar Review, Zip Bar Review, and other Bar Exam Inc bar review programs, Bar Exam Inc board members, officers, directors, employees, agents, partners, licensors, contractors, or other representatives or affiliates (“Related Entities”). Only Registered Users are authorized to access the restricted areas of the Site for which the user has fully paid and registered. Your use of the Site and access to the Information made available through Bar Exam Inc shall be governed by all of the Terms and Conditions set forth within the Site and the materials made available by or through Bar Exam Inc.

Additionally, through your access, use, or downloading of materials made available by or through Bar Exam Inc., you hereby acknowledge and agree as follows:

1. License Grant; Personal Use Only. Upon your payment for membership access to Zen Bar Review or Zip Bar Review or any other Bar Exam Inc bar review program, Bar Exam Inc grants you a non-exclusive, non-transferable license to use the information and materials made available through that particular bar program, subject to the limitations contained herein and in materials made available by Bar Exam Inc. You may download materials provided in .pdf format and MP3 format; however, downloading of video materials is strictly prohibited from any Bar Exam Inc Site. You may view and print the information provided in .pdf format made available through the Site and Bar Exam Inc solely for your personal use only, subject to the limitations contained herein and in materials made available by Bar Exam Inc. Commercial use of the Site or its materials is prohibited.

a. General Membership Access. Subject to other terms and conditions contained herein, online access to the Site and other Content and materials, including bonus material, will be made available to Registered Users of Zen Bar Review, Zip Bar Review, or other Bar Exam Inc bar review programs or other products or services offered by Bar Exam Inc, after payment has been received and processed for that particular program, product, or service purchased. Bar Exam Inc and its Related Entities will make reasonable efforts to provide online access to the applicable online membership areas within two business days excluding holidays after payment is received and processed, but Bar Exam Inc and its Related Entities are not responsible for any delay in access, including but not limited to delays associated with internet, server, or payment processing issues. Bar Exam Inc and its Related Entities may offer bonus material, including but not limited to videos, MP3s, and PDFs from third parties. You agree that any material provided on the Site by Bar Exam Inc or its Related Entities or from other third parties may be removed, deleted, or modified without notice and at Bar Exam Inc’s sole discretion for any reason. Bar Exam Inc reserves the right to remove, delete, or modify the Site, its Content, or other materials and services provided by Bar Exam Inc, its bar programs, or third parties at any time without notice. Users are not guaranteed any combination of any material, including any free bonus material made available through the Site. Bar Exam Inc. is not responsible for third-party content, as described in Paragraph 9 herein. Bar Exam Inc and its Related Entities and any such third parties that may offer products or services through the Site may refuse to work with any user for any reason. Bar Exam Inc, its Related Entities, and third parties expect to be treated professionally and with respect and may terminate a user relationship at any time for any reason. Bar Exam Inc, its Related Entities, and third parties may offer a partial or full refund, less administrative fees, at their discretion, upon such termination. Membership access by Registered Users to restricted areas of the Site lasts from the date of purchase until the date of the bar exam which is indicated on the purchase receipt. Results and benefits from the use of the Site, Bar Exam Inc’s bar review programs, products or services vary with each user, and any user testimonials or posted comments describing positive results and benefits may not be typical.

b. Zip Bar Review Membership Access. Unless otherwise indicated, all written question-and-answer content is provided from the National Conference of Bar Examiners (“NCBE”) solely for your personal use only, subject to the limitations and requirements contained herein.

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

(2)  MBE Content Disclaimers. Certain publicly disclosed questions and answers from past MBE examinations may 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 the Site’s materials. Permission to use 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. Additionally, some of the publicly disclosed MBE questions that may have been included herein come from an NCBE publication known as “Multistate Bar Examination Questions 1992.” NCBE believes that many of these questions may no longer be representative of the MBE’s content.

(3)  Multistate Professional Responsibility Examination (MPRE) Content Use. The MPRE questions and answers (“Content”) provided in this website or digitally or electronically are copyrighted by the NCBE. You are permitted to view and print the Content for your personal and non-commercial use only. You are not permitted to copy, modify, reproduce, post, disclose, or distribute any of the Content in whole or in part. Any unauthorized use of the Content is a violation of NCBE’s rights and could subject you and others who are involved to criminal and civil penalties.

(4)  MPRE Content Disclaimers. Certain publicly disclosed questions and answers from past MPRE examinations have been included herein with the permission of NCBE, the copyright owner. These questions and answers are the only actual MPRE questions and answers included in the Site’s materials. Permission to use 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.

2. Responsibility for Content. The Site does not screen, edit or review material submitted by users and therefore cannot accept responsibility or liability for any material which may reside in or is accessed by the Site or responsibility or liability for opinions of third parties. Users are not guaranteed that any comment or feedback provided by users will be posted or otherwise published or shared through the Site. Comments and feedback must be approved by Bar Exam Inc and may be withheld or removed from the Site for any reason. The Site has no responsibility with respect to other sites. The Site does not endorse and is not responsible for the availability or content of other services that may be referenced, discussed or linked to the Site. Bar Exam Inc and its Related Entities are not responsible for nor advocates any particular religion or spiritual affiliation and is not responsible for any religious comments made by other users or third parties. If a user contacts a third party, the Site cannot guarantee that a timely response or connection will be made or that a business connection will be made initially or developed. Accuracy of content of other services that may be linked to the Site, including but not limited to Content provided by the NCBE, must be verified by Registered Users. Bar Exam Inc and its Related Entities cannot accept responsibility or liability for accuracy of the rules of law as stated and explained by Bar Exam Inc or any of its Related Entities, or other providers of Content or services, including but not limited to the NCBE which may provide such Content, or other third parties or other users who may post or provide information. In order to preserve the integrity of the NCBE and its Content made available to Registered Users, Content made available by the NCBE is provided in its original NCBE format whenever possible, including NCBE selected answers and annotated answer explanations. Zen Bar Review does not provide tutoring services or tutoring content for any bar examination and does not provide substantive legal information, and therefore cannot accept responsibility or liability for such services, content, and information. Bar Exam Inc, any of its Related Entities, or other providers of Content or services may provide industry examples of how bar review companies and bar prep services work, but such examples are for illustrative purposes only and do not represent any particular or specific bar examination company.

3. Restrictions; User Content. 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 Site. Unless separately and specifically authorized in writing by Bar Exam Inc, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the Site, any part thereof, or any of the Information received or accessed from the Site or materials provided by Bar Exam Inc, to or through any other person or entity. Access to the Site without the authorization of Bar Exam Inc is strictly prohibited. You agree to use the Site and information for lawful purposes only. You agree not to post or transmit any information the 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, including but not limited to 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 Site or information.

4. Linking. You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the Site. You may not use any of proprietary logos, marks, or other distinctive graphics, video, or audio material of Bar Exam Inc, Zen Bar Review, Zip Bar Review, or any other Bar Exam Inc bar review program or service in your links, without Bar Exam Inc’s express written permission, which Bar Exam Inc may withhold in its discretion. You may not link any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by Bar Exam Inc, Zen Bar Review, Zip Bar Review, or any other Bar Exam Inc bar review program or service; (ii) cause confusion, mistake or deception; (iii) dilute trademarks or service marks of Bar Exam Inc, Zen Bar Review, Zip Bar Review, or any other Bar Exam Inc bar review program or service; or (iv) otherwise violate state or federal law. This Site may contain links to other websites. These links are provided for informational purposes only. Bar Exam Inc, Zen Bar Review, Zip Bar Review, and other Bar Exam Inc bar review programs or services may affiliate with some of the linked entities made available on the Site and may benefit from such linked affiliate, sponsor, or other linked entity. However, Bar Exam Inc, Zen Bar Review, Zip Bar Review, and all other Bar Exam Inc bar review programs and services make no representations and assume no responsibility for your use of third-party links provided on the Site. You agree to indemnify and hold Bar Exam Inc and its Related Entities harmless from and against, and shall reimburse Bar Exam Inc for any liability, damage, claim, loss, cost or expense (including, but not limited to, court costs and reasonable attorneys’ fees) which may be incurred by Bar Exam Inc as a result of the material, including third-party material, that you link, upload, post, or transmit to the Site. Bar Exam Inc has no duty to review or edit materials submitted by users. Any such materials may be removed by Bar Exam Inc at any time for any reason.

5. User Content Submission. By submitting content, regardless of form or medium, to the Site, you agree that your submission is provided to the Site without restriction or expectation of confidentiality or payment, compensation or obligations to be performed by the Site. You agree that you shall assert no proprietary or moral right of any kind in connection to your submissions. You agree that your submissions to the Site provide the Site the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate in other works in any form, media or technology, or otherwise distribute your submissions in any manner without notice or compensation to you.

6. Monitoring. You acknowledge that the Site reserves the right to, and may from time to time, monitor any and all information transmitted, posted, or received through the Site including user postings. The Site, at its sole discretion and without further notice to you, may, although not obligated to, review, censor or prohibit the transmission or receipt of any Information which the Site deems inappropriate or violates any Term or Condition or for any other reason at the sole discretion of Bar Exam Inc or its bar programs. The Site may remove any information, including user postings for any reason and at the sole discretion of Bar Exam Inc. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Site, authorized or unauthorized, constitutes consent to such monitoring. You acknowledge that IP addresses may be monitored.

7. Privacy Policy; Consent to Share Information. The Site does not collect personally identifying information about you except when you expressly provide it. You agree that the Site can use your personal identifying information, including but not limited to statements, testimonials, comments, and information including the Registered User’s first name and law school attended, for editorial, promotional, or marketing purposes, unless you request in writing according to the requirements set forth herein including the Notice Procedure as set forth in Section 17 that your information is not to be used in a particular manner. When you access group tutoring services, where available, your access to group tutoring services constitutes consent to give up privacy as to the group members participating in your group tutoring services. You acknowledge there is no expectation of privacy when you attend or otherwise access group tutoring services, where available, particularly when users provide information with identifying information such as first or last names when selecting a username or through other sharing of information between group members or during any group session. Any group session information may be recorded or displayed for any current and/or future members. You acknowledge that you and other users should NOT use any part of their name or other identifying information during a group session. You acknowledge that usernames may be considered offensive to others or may be such that the username identifies the user so that the user’s identity is no longer anonymous or private. As such, usernames should not contain any identifying information, including but not limited to first or last names, or offensive language. Usernames are subject to review for potentially offensive or identifying personal disclosure. Bar Exam Inc and its Related Entities are not responsible for any offensive or identifying information selected, shared, or otherwise disclosed, as such information may be shared via the Site, including but not limited to user posts or comments areas in membership areas or areas made available to non-Registered Users. Additional applicable terms relating to usernames and passwords are set forth in Section 14. When you access content online through the Site, the Site collects information, including but not limited to, information about the lectures and videos 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 and performance 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 developing new products and services related to bar examination preparation. You further agree that Bar Exam Inc may also disclose your information in response to legal process, to protect Bar Exam Inc’s rights, as otherwise required by law, or for the prevention or detection of a crime. To the extent that an educational institution, such as your law school, collects and maintain such information, that information may be considered an educational record under the Family Educational Rights and Privacy Act (“FERPA”), 20 USC 1232g. If considered an educational record, you may have certain rights of access and confidentiality as to those educational records, if any, as a student of that educational institution. By accessing and using the Site’s services, you consent to allow free exchange between the Site and your educational institution of information concerning your usage and performance. When you visit the Site, Bar Exam Inc or one of its authorized technology services providers may collect certain technical and routing information including IP addresses from you to facilitate your use of the Site. This data may be tracked by the Site’s use of “cookies” when you visit the Site. Cookies make it easier for you to log on to and use the Site during future visits and may be used to improve the use of the Site. You may set your browser to notify you when you receive a cookie, allowing you to accept or not to accept a cookie. Users choosing not to accept cookies will probably not be able to access those web pages, including the Site. If you wish to be removed from any postal, email, phone, or other lists or to otherwise let us know about your other communication preferences, please send your request as set forth in Section 17 and provide your full name and identify all the email addresses, postal address information, and phone numbers that you may have submitted to us, so we can properly respond to your request. Additional applicable Notice Procedures are set forth in Section 17.

8. Explicit Language and Mature Content. The information and materials provided through the Site may occasionally discuss or contain mature topics and language, including explicit language. Users who are uncomfortable with such topics or language should not use the Site or materials provided by the Site. The Site is intended for the use of adults 18 years or older. By using this Site and materials provided by or through Bar Exam Inc, you agree to provide us with accurate information concerning your age or identity if we request it. You further agree by using this Site and materials provided by or through the Site that the Site has no liability, including but not limited to claims of intentional inflection of emotional distress, to you for information or material you find offensive, indecent or objectionable.

9. Third Party Content. In some instances, the content and information available by or through the Site or materials provided by or through Bar Exam Inc or its bar review programs represent the opinions and judgments of the respective third party providing such content and information. Users are neither expected nor required to contact third parties. The Site is intended to stand alone, and Users do not need to purchase any products or services from third parties. If a User contacts a third party, the Site cannot guarantee that a timely response or connection will be made or that a business connection will be made initially or developed. Bar Exam Inc and its Related Entities neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site. Under no circumstances shall Bar Exam Inc or any of its Related Entities be liable for any loss, damage or harm caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content or materials available by or through the Site and Bar Exam Inc or its Related Entities.

10. No Professional Advice. The information contained in or made available through the Site cannot replace or substitute for services of trained professionals in any field, including, but not limited to, legal, medical, psychological, financial, life coaching, or other professional or career-related matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Bar Exam Inc and its Related Entities make no representations or warranties concerning any treatment, action, or application or preparation by any person or entity offering information, recommendations, or referrals, including, but not limited to offering stress reducing techniques, test anxiety techniques, and wellness tips within or through the Site. The Site, Bar Exam Inc or its Related Entities will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness, death, or failure to pass a bar examination. You alone are responsible and accountable for your decisions, actions, and results in life, and by your use of the Site, you agree not to attempt to hold Bar Exam Inc or its Related Entities liable for any such decisions, actions or results, at any time, under any circumstance. Results and benefits from the use of the Site, Bar Exam Inc’s bar programs, products or services vary with each user, and any user testimonials or posted comments describing positive results and benefits may not be typical.

11.  Disclaimer of No Guarantee of Outcome; Free “One More Time Guarantee” Program. You acknowledge and accept that the Site makes no promise regarding the outcome of your results as it relates to practice bar exam questions and the actual taking of a state bar examination. You agree that the Site makes no promise or guarantee in providing reduction in stress or test anxiety or improvement of wellness. You acknowledge that the Site cannot and does not guarantee passage of any bar examination or the accuracy of Content provided by other third-party services, including but not limited to questions, answers, and accuracy or updated changes of the law as provided by the NCBE. Notwithstanding the foregoing, the Site provides a free “One More Time Guarantee” Program for Registered Users who do not pass the bar examination the first time and meet the “One More Time Guarantee” qualifications as set forth herein.

If you take a Zen Bar Review program or Zip Bar Review program for the first time for a particular state and exam date you registered at the time of purchase and you do not pass that state’s bar exam, you can study again with that particular bar review program, in which you were enrolled and a Registered User, for free subject to the following eligibility requirements: (i) You must have been enrolled in a Zen Bar Review program or Zip Bar Review program for the exam you did not pass; and (ii) You must provide written notification via email or fax to Bar Exam Inc within 14 days of the posting of bar exam results posted by the Bar Examiners for the state in which you took the exam; written notification must identify which bar review program for which you participated and must include a copy of the official failure notice from the Bar Examiners in which you are identified as not passing.

To provide proper notice, you must send written notice to the bar review program in which you are a paid Registered User as follows, subject to other Notice Procedures set forth in Section 17: support@zenbarreview.com or support@zipbar.com or via fax to (413) 647-0222, “ATTN: Zen Bar Review–‘One More Time Guarantee’ Request” or “ATTN: Zip Bar Review – ‘One More Time Guarantee’ Request” in the subject line and include your full name, mailing address, email address, phone number, and fax number and identify which Bar Exam Inc bar program you enrolled and which state you took the bar exam but did not pass.

The “One More Time Guarantee” will apply only to the Bar Review program taken by a Registered User and may not include a substitute or exchange of a different Bar Review program. Compliance with the eligibility requirements shall be solely determined by Bar Exam Inc. Once qualified, the free “One More Time Guarantee” Program is limited to Bar Exam Inc providing the same type of Bar Exam Inc. bar exam review course which you enrolled to study for the bar exam you did not pass. The “One More Time Guarantee” is also restricted to the same state bar exam course and online materials (updated where available) for the examination you took but did not pass. Your free “One More Time Guarantee” Program must be completed within the next two (2) bar exam test dates offered for that particular bar exam you did not pass or within one (1) year of the bar exam you took but did not pass, whichever period is shorter, and does not include any upgrades, including supplemental workshops or a second set of books; however, new lecture handouts and online materials and videos are included if available. If you would like additional services or materials beyond the free repeat program, you are responsible for ordering, enrolling, and paying for such services or materials.

12.  Prices. Prices of Zen Bar Review’s bar review offerings are made available online at www.zenbarreview.com/products. Prices of Zip Bar Review’s bar review offerings are made available online at www.zipbar.com/products. Prices for other Bar Exam Inc review programs or services will be made available as such programs or services become available. However, prices are subject to change without notice. You are responsible for confirming the price before payment and agree to the Cancellation and Refund Policy described below and as may be updated periodically through the Site.

13. Cancellation; Refund Policy; Credit Card Refunds. You may be eligible for a refund subject to the following requirements and limitations. To qualify for a refund, you must provide written notification of cancellation to Bar Exam Inc and request a refund within three (3) days of receipt of access to online materials requiring paid registration, username and password, or within three (3) days of receipt of physical materials or services rendered; (ii) and return all physical materials, if any, at your expense with a return postmark dated within three (3) days of initial receipt; (iii) physical materials must remain unmarked to receive a refund; and (iv) Bar Exam Inc will refund any amounts paid, less a restocking/administrative fee of $50.00 upon proper receipt of proper refund notice and completion of the other refund/cancellation requirements described herein. If you paid for your bar review course materials via credit card, your refund will be credited to the same credit card in which you made payment to Bar Exam Inc.

To provide proper refund notice, you must send written notice to the bar program to which you are a paid member as follows, and subject to the Notice Requirements set forth in Section 17: support@zenbarreview.com or support@zipbar.com or via fax to (413) 647-0222, “ATTN: Zen Bar Review-Cancellation and Refund Request” or “ATTN: Zip Bar Review-Cancellation and Refund Request,” and include your full name, mailing address, email address, phone number, and fax number.

However, you agree that you may not cancel your enrollment and/or registration once you have accessed any Bar Exam Inc online bar review course content, including but not limited to Zen Bar Review or Zip Bar Review. Once you have accessed any such Bar Exam Inc online bar review course content, you agree that no refund or exchange in full or part will be made available to you. No other requests for refunds or exchanges will be honored. Should you cancel your order and/or receive a refund, you acknowledge you will no longer be eligible for the “One More Time Guarantee” Program described herein. Offer of a refund does not apply to orders placed within 30 days of the next bar examination date for the state in which you have or planned to take the bar examination. Any refunds for payments made by credit card will be refunded to that same credit card within 14 business days, subject to the terms and conditions of that particular credit card or credit card servicer.

14. Username/Password Protection. If you are issued a username and password to access certain restricted areas of the Site, you agree to protect your username and password from disclosure or unauthorized use. In the event you suspect or discover that username and/or password has 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 and the Site’s information and materials. Section 7 contains additional applicable terms involving username, privacy, and disclosure terms, which include but is not limited to the following: When you access group tutoring services, where available, your access to group tutoring services constitutes consent to give up privacy as to the group members participating in your group tutoring services. You acknowledge there is no expectation of privacy when you attend or otherwise access group tutoring services, where available, particularly when users provide information with identifying information such as first or last names when selecting a username or through other sharing of information between group members or during any group session. Any group session information may be recorded or displayed for any current and/or future members. You acknowledge that you and other users should NOT use any part of their name or other identifying information during a group session. You acknowledge that usernames may be considered offensive to others or may be such that the username identifies the user so that the user’s identity is no longer anonymous or private. As such, usernames should not contain any identifying information, including but not limited to first or last names, or offensive language. Usernames are subject to review for potentially offensive or identifying personal disclosure. Bar Exam Inc or its Related Entities are not responsible for any offensive or identifying information selected, shared, or otherwise disclosed, as such information may be shared via the Site, including but not limited to user posts or comments areas in membership areas or areas made available to non-Registered Users.

15. Limitation of Warranties. Your use of the Site is at your own risk. IN NO EVENT SHALL BAR EXAM INC OR ANY OF ITS RELATED ENTITIES, INCLUDING ITS BAR REVIEW PROGRAMS, INCLUDING BUT NOT LIMITED TO ZEN BAR REVIEW, ZIP BAR REVIEW, AND OTHER BAR EXAM INC BAR REVIEW PROGRAMS, BOARD MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, CONTRACTORS OR OTHER REPRESENTATIVES OR AFFILIATES, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, INCLUDING CLAIMS FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS.

All Information and materials provided by the Site and Information conveyed via e-mail, phone, online, or otherwise conveyed to you is provided to you in “AS IS” AND “AS AVAILABLE” MANNER WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR UPDATED AS TO THE CONTENT PROVIDED BY THE NCBE OR BAR EXAM INC OR ITS RELATED ENTITIES. You acknowledge that the Site cannot and does not guarantee passage of any bar examination or the accuracy of Content provided by other third-party services, including but not limited to questions, answers, and accuracy or updated changes of the law as provided by the NCBE. IN NO EVENT SHALL BAR EXAM INC OR ANY OF ITS RELATED ENTITIES BE LIABLE TO YOU FOR ANY DAMAGES – INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES – ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITIATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

16. Choice of Law and Jurisdiction. These Terms and Conditions shall be governed by and constructed in accordance with the laws of the State of Florida, without reference to any conflict of law principles. Any such dispute, claim, or cause of action shall be brought exclusively in the state or federal courts located in Orlando, Orange County, Florida, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Florida as your agent for service of process. You agree to waive any objection that the state or federal courts of Orange County, Florida, are an inconvenient forum.

17. Notice Procedure. Any notice, request, demand, instruction or other communication to be given to Bar Exam Inc. or any of its Related Entities, except where as otherwise provided, shall be in writing and shall be sent by certified mail, return receipt requested, postage prepaid, or transmitted by email or facsimile as set forth below. For notices regarding the “One More Time Guarantee” Program, cancellations or refunds, copyright infringement claims, or other programs or claims requiring specific procedures different from those set forth in Section 17, the specific procedures required under such programs or claims must be followed. Any notice delivered as aforesaid shall be deemed delivered and received immediately upon mailing, delivery to an appropriate carrier, or receipt or refusal of delivery of said notice, whichever is earliest. The party claiming delivery of notice shall have the burden of proving notice was in fact sent, which burden can be carried without further evidence if confirmed by the transmitting facsimile, email, or certified mail system. The addresses by and addresses for the purpose of this Section may be changed by giving written notice. Bar Exam Incand its Related Entities are not responsible should Users fail to provide updated contact information and, if an online profile is made available, Users are responsible for keeping such online profile up to date with correct contact information. Unless and until such written notice is received, the last addressee and address provided to the Bar Exam Inc or its Related Entities shall be deemed to continue in effect for all purposes hereunder.

If to Zen Bar Review:

Zen Bar Review
ATTN: Carolyn Gachet, President
1969 S. Alafaya Trail, Suite 366
Orlando, Florida 32828-8732

or

support@zenbarreview.com, with Subject Line to include “Notice to Zen Bar Review”

or

Facsimile/fax: (413) 647-0222

If to Zip Bar Review:

Zip Bar Review
ATTN: Carolyn Gachet, President
1969 S. Alafaya Trail, Suite 367
Orlando, Florida 32828-8732

or

support@zipbar.com, with Subject Line to include “Notice to Zip Bar Review”

or

Facsimile/fax: (413) 647-0222

If to Bar Exam Inc, or any of its related entities, including other bar review programs, board members, officers, directors, employees, agents, licensors, contractors, or other representatives or affiliates:

Other specific notice requirements may apply as set forth in Section 11 regarding the “One More Time Guarantee” Program, Section 13 regarding cancellations or refunds, and Section 19 regarding copyright infringement claims, or as otherwise specifically set forth. These specific notice requirements must be followed. If no specific notice requirements are set forth regarding a particular claim type, notices to Bar Exam Inc, or any of its related entities, including other bar review programs, board members, officers, directors, employees, agents, licensors, contractors, or other representatives or affiliates is to be made as follows:

Bar Exam Inc
ATTN: Carolyn Gachet, President
1969 S. Alafaya Trail, Suite 368
Orlando, Florida 32828-8732

or

support@zipbar.com

or

Fax: (413) 647-0222

18. Copyright, Patent and Trademark Notice. The Site, information, and materials made available by Bar Exam Inc or its Related Entities are the valuable, exclusive property of Bar Exam Inc or its Related Entities 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 applicable state, federal, and international laws. Except as permitted in these Terms and Conditions, you may not copy, adapt, distribute, commercially exploit, or publicly display the information in full or in part in any manner without Bar Exam Inc’s prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or part of the Site, information made available through the Site, or materials made available by Bar Exam Inc, Zen Bar Review, Zip Bar Review, or any other Bar Exam Inc bar review program or service. Bar Exam Inc, Zen Bar Review, Zip Bar Review, or any other Bar Exam Inc bar review program or service, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Bar Exam Inc. All other product names and company logos mentioned on the Site or information are trademarks of their respective owners.

19. Procedure for Copyright Infringement Claim. If you are a copyright owner or agent of such owner and believe that any of the Site Information or materials infringe upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c) (the “Act”) to Bar Exam Inc.’s Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner alleging copyright infringement or the person defamed; (ii) identification and description of the copyrighted work that you claim has been infringed, including the URL web address or specific information or material that you claim is infringing; (iii) your address, telephone number, and email address, such that Bar Exam Inc is reasonably able to contact you; (iv) a statement that you have a good faith belief that the use of the material in the manner complained is not authorized by the copyright or proprietary right owner, its agent, or the law; and (v) a statement by you or your agent, made under penalty of perjury, that the information you provide in your notice of claimed infringement or defamation is accurate and you are the copyright owner or authorized to act on behalf of the copyright owner. Bar Exam Inc’s designated agent to receive notification of claimed infringement is as follows:

If to Zen Bar Review:

Zen Bar Review
ATTN: Carolyn Gachet, President
1969 S. Alafaya Trail, Suite 366
Orlando, Florida 32828-8732

and

support@zenbarreview.com, with Subject Line to include “Copyright Infringement”

If to Zip Bar Review:

Zip Bar Review
ATTN: Carolyn Gachet, President
1969 S. Alafaya Trail, Suite 367
Orlando, Florida 32828-8732

and

support@zipbar.com, with Subject Line to include “Copyright Infringement”

Notification of claimed infringement must be sent via U.S. Certified Mail requiring signature of recipient and via email to the appropriate bar review program listed above.

20. Severability.  If any provision of this Agreement is ruled unenforceable, that provision will be severed from this Agreement, and the other provisions shall remain effective and enforceable.

21. Acknowledgment. The Terms and Conditions referenced herein represent the entire understanding between you and Bar Exam Inc regarding your use and access to the Site, information, and materials provided by Bar Exam Inc or any of its Related Entities, and supersedes any prior statements or representations. When using the Site or making a purchase from the Site or from Bar Exam Inc. through other means, you agree to be bound by these Terms and Conditions.

22. Modification. Bar Exam Inc reserves the right to update the Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions are available for review by clicking on the Terms and Conditions web link at the bottom of the Site’s home page. By visiting the Site, you agree to be bound by these Terms and Conditions. Bar Exam Inc reserves the right to change these Terms and Conditions at any time and will make the most recent version available on the Site. By using this Site and continuing to use the Site after any modifications, you agree to the terms and to be bound by any such changes.

23. Termination. Bar Exam Inc or any of its Related Entities may terminate membership access for any reason at any time. In the event of a breach of the Agreement by a user, registered or otherwise, Bar Exam Inc has the right to terminate membership access immediately and without notice. Refunds are provided to Registered Users at the sole discretion of Bar Exam Inc and subject to the terms provided herein.