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Please carefully read these terms and conditions before using this Website. By accessing, using, buying, or downloading materials from the Website, 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 Website. This Website is operated by JD Advising, Inc.
Below we have specific terms for:
- the One-Sheets,
- products that are promulgated by the National Conference of Bar Examiners (“NCBE”) (e.g., MEEs, MPTs, or MBEs that we sell online), and
- seminars and courses.
JD Advising, Inc. grants you a worldwide, nonexclusive, and nontransferable license to use the Site. You may download, view, copy, and print the Information incorporated into this Site solely for your personal, noncommercial use. The Information may not be transferred, shared with, or disseminated with anyone for any purpose that is inconsistent with the purpose of the Site, to facilitate unfair competition with the 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 Site. Unless separately and specifically authorized in writing by JD Advising, Inc., you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or timeshare the Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the Site without the authorization of JD Advising, 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 through 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 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 Site or Information.
Restrictions on Identity
You may not purchase any online course, book, One-Sheets, or other materials, unless you are a student who intends to take the bar exam.
You may not purchase any online course if you are an agent, employee, and/or owner of a tutoring company or bar review course.
Cancellation and Refunds
You may not cancel your purchase or enrollment after a transaction has gone through. No refunds are guaranteed.
Responsibility for Content
JD Advising, Inc. does not screen, edit or review material submitted by users. JD Advising, Inc. can therefore accept no responsibility or liability for any material which may reside in or is accessed by the Site other than information authored by JD Advising, Inc.. JD Advising, Inc. 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 Site. Furthermore, you may not use any of the Site’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without the Site’s express written permission, which JD Advising, Inc. 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 JD Advising, Inc.; (ii) cause confusion, mistake, or deception; (iii) dilute JD Advising, Inc.’s trademarks or service marks; or (iv) otherwise violate state or federal law. This Site may contain links to other websites. These links are provided for informational purposes only, and JD Advising, Inc. does not sponsor or affiliate with any linked entity unless expressly stated. JD Advising, Inc. makes no representations and assumes no responsibility for your use of links provided on this Site. You agree to indemnify and hold JD Advising, Inc. and any of its related entities, board members, employees, agents, and representatives harmless from and against, and shall reimburse JD Advising, Inc. for any liability, damage, claim, loss, cost, or expense (including, without limitation, court costs and reasonable attorney’s fees) which may be incurred by JD Advising, Inc. as a result of the material you link, upload, post, or transmit to JD Advising, Inc.’s Site. The Inc. has no duty to review or edit materials submitted by users. Any such materials may be removed by JD Advising, Inc. at any time for any reason whatsoever.
Communications and other Content
You may not use a false e-mail address or mobile phone number, impersonate any person or entity, or otherwise mislead as to the origin of any content that you provide to us. By accessing the online lectures and content, you certify that YOU ARE A STUDENT INTENDING ON TAKING THE BAR EXAM, AND NOT THE AGENT/EMPLOYEE/AFFILIATE OF ANY BAR REVIEW COURSE OR TUTORING COMPANY OR THE BOARD OF LAW EXAMINERS.
Exclusions of Warranties
You acknowledge and agree that no warranties of any kind are made with respect to the Inc.’s Site, the Inc.’s lectures, the Inc.’s Information, or other sites. Furthermore, you acknowledge that the Information and links provided through the Site are compiled from sources that are beyond the control of the Inc. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur, and that the Inc. does not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE INC.’S SITE AND INFORMATION ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. THE INC. DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE. THE INC. EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INC. MAKES NO WARRANTY OR REPRESENTATION AS TO THE SUITABILITY OR QUALITY OF ITS SERVICES OR MATERIALS AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANYTHING DONE OR OMITTED IN RELIANCE UPON ITS SERVICES OR MATERIALS. YOU HAVE SOLE RESPONSIBILITY FOR FULFILLING ANY REQUIREMENTS OR ACCOMPLISHING ANY OBJECTIVES FOR WHICH YOU PURCHASED ANY OF THE INC.’S SERVICES OR MATERIALS. THE INC. SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE INC.’S SITE, LECTURES, OR INFORMATION PROVIDED 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 Inc.’s Site and Information, including the transmission or translation of Information. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD THE INC. HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL THE INC. BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES EVEN IF THE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE INC.’S LIABILITY EXCEED THE AMOUNT OF $250.
All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to the Inc. on or in connection with the Site are submitted without any restrictions or expectations of confidentiality. The Inc. 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. The Inc. 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.
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, etc. This information will not be disclosed to third parties.
Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan, without reference to any conflict of laws principles. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Oakland County, Michigan, and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts of Oakland County, Michigan are an inconvenient forum.
Limitation of Liability
IN NO EVENT SHALL THE INC. OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES OF ANY KIND.
Limitation of Claims
Any action on any claim against the Inc. must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
Waiver of Class Action and Jury Trial
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a claim proceeds to court, we each waive any right to a jury trial.
You agree that you will make a good faith effort to mediate the claim without giving up your right to afterward pursue legal remedies in the court of Michigan. The mediation and/or litigation will take place in Oakland County, Michigan.
Access to Lectures and PDF Documents
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website or your ability to download a file or video also may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
- I certify that I am a student intending to take the bar exam, I am not an employee or agent of another tutoring or bar review course, nor am I a member, employee, affiliate, or agent of any board of bar examiners.
- I certify that I will not sell, share, copy, post photos of, or allow anyone—in person or online—to view or have these One-Sheets in any form. I understand that they are the copyrighted work product of JD Advising, Inc. I agree not to sell said One-Sheets on Amazon, eBay, on any other site, to any other institution, or privately.
- I further agree that these One-Sheets do not promise to cover everything—or anything—on a given bar exam, and that there are no warranties as to the accuracy of the information presented herein.
- I agree that an injunction is an appropriate remedy if I improperly share materials. I also agree to pay JD Advising, Inc. $170 per person that I share the One-sheets with or show the One-Sheets to.
- I understand that if I order any product internationally, I am responsible for all additional customs fees. Further, I bear the risk of my country losing the package or customs delaying receipt of the package.
- I understand that if I refuse the package or refuse to pay customs fees, tariffs, or other charges, I do not get any refund.
- I understand that if I sign up for private tutoring, I am responsible for all fees associated with phone calls or other communication devices necessary to conduct the private tutoring.
MEE and MPT
The MEE and MPT questions and analyses (“Content”) provided in this website or digitally or electronically are copyrighted by the NCBE. You are permitted to view the Content for your personal and noncommercial 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 involved to criminal and civil penalties.
Certain publicly disclosed materials from past MEE and MPT examinations have been included herein with the permission of NCBE, the copyright owner. These materials are the only actual MEE materials included in [Licensee’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 the individuals who distribute these materials.
The MBE questions and answers (“Content”) provided in this website or digitally or electronically or via hard copy are copyrighted by the NCBE. You are permitted to view the Content for your personal and noncommercial use only. You are not permitted to copy, modify, reproduce, post, disclose, or distribute any part 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 involved to criminal and civil penalties.
The MPRE questions and answers (“Content”) provided in this website or digitally or electronically are copyrighted by the NCBE. You are permitted to view the Content for your personal and noncommercial 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 involved to criminal and civil penalties.
By checking out online and purchasing any seminar or course, these are the terms you agree to:
This Enrollment and Terms and Conditions Agreement (the “Agreement”) evidences the undersigned students (the “Student”) agreement to enroll in one or more of the courses and programs (each a “Program” and collectively, the “Programs”) offered by JD Advising, Inc. (“JD Advising”) and further sets forth the terms and conditions that will apply to the Student during the Student’s enrollment in the Program. This Agreement shall be binding upon the Student and JD Advising following the Student’s delivery of an executed Agreement to JD Advising at the email or mailing address set forth above and acceptance by JD Advising. JD Advising reserves the right, in its sole and absolute discretion, to accept or reject the enrollment of any and all students, and JD Advising will notify the Student accordingly. During the term of the Student’s participation in the Program, the Student hereby acknowledges and agrees to the following:
- Initial Deposit and Payment. Simultaneously with the delivery of an executed copy of this Agreement, Student shall pay and make an initial nonrefundable deposit of One Thousand Dollars ($1,000) in connection with the Programs that the Student has elected to enroll in, as more particularly identified in the application set forth above (the “Initial Program Deposit”). Following the full payment of the Initial Program Deposit, the Student shall pay the remaining balance due to JD Advising prior to April 15 for the July administration and October 15 for the February administration. In the event the Student fails to pay the full amount due by the aforementioned deadline, the Student shall forfeit the Initial Program Deposit. Notwithstanding the above, if the Student elects only to enroll in a seminar, the Student shall be required to make a full payment at least forty-eight (48) hours prior to participating in any seminar.
- Program Materials. Following the full payment, the Student shall receive the Program Materials (as hereinafter defined) throughout the course of the Program in accordance with the time frame established by JD Advising. A Student may request to receive any of the Program Materials prior to this time frame, however JD Advising reserves the right to deny such request. It is JD Advising’s policy that Program Materials that are lost, stolen, or damaged will not be replaced under any circumstances. Student hereby acknowledges, agrees, and understands that Program Materials will only be returned to the Student if the Student does not pass the bar examination and JD Advising receives a written request made by the student for the return of the Program Materials within fourteen (14) days of when the bar examination results are released. If JD Advising fails to receive the request by the Student for the material within the aforementioned timeframe, JD Advising shall have no obligation to return the Program Materials.
- Cancellations and Reschedule of Sessions. Student hereby acknowledges, understands and agrees that Programs will be taught by a JD Advising instructor. In the event of an emergency, JD Advising reserves the right to reschedule the class. If the Student misses a class for any reason, the Student hereby understands and agrees that the Student will not have the opportunity to make up the missed class unless previously agreed to in writing by JD Advising.
- Private Consultations. The Student understands that it is the Student’s responsibility to schedule the one-hour private session (“Session”) (where applicable) with JD Advising staff at a mutually agreeable time. If Student fails to schedule the Session or postpones scheduling of the Session until there is no availability, then the Student forfeits the right to the Session and has no legal remedy against JD Advising.
- Recording of Sessions. The Student hereby acknowledges, understands, and agrees that no recording of any kind (tape, audio, or otherwise) is permissible during the Program. If the Student is discovered violating this provision, JD Advising reserves the right to terminate this Agreement and pursue any legal remedy available.
- Practice Exams and Essays. The Student hereby understands that JD Advising staff will grade any timely submitted essays and provide feedback. The Student acknowledges and agrees that JD Advising will only grade essays that are submitted within seven (7) days of the session or class assigned unless otherwise agreed in writing by JD Advising. Any essays not submitted within the aforementioned time frame will not be graded.
- No Guarantee. The Student hereby acknowledges, agrees, and understands that JD Advising makes no representations, warranties, or guaranties (expressed or implied) that the Student will successfully pass the bar examination or with respect to any of the Program Materials.
- Term and Termination. The term of this Agreement shall commence following JD Advising’s acceptance of the enrollment of the Student in the Program and shall continue to be in effect unless terminated upon the earlier of (i) by JD Advising at any time and for any reason, five (5) days prior written notice to the Student; (ii) if the Student breaches or violates any provision of this Agreement or the policies of JD Advising; (iii) the Student fails to make full payment of all amounts due in accordance with this Agreement; or (iv) following the Student’s sitting for the bar exam. Notwithstanding anything in the previous paragraph, such termination shall not affect either parties’ rights and obligations under Section 2, 5, and 7 through 13.
- Return of Program Materials. Following the termination of this Agreement, Student shall return all Program Materials to JD Advising within thirty (30) days at the address set forth above. In the event Student fails to return the Program Materials within the thirty (30)-day period, the Student shall be liable to JD Advising for the payment of $1,000 (the “Late Payment Amount”). The student understands that JD Advising is a start-up company with limited resources and the Late Payment Amount is a best faith estimate of the cost to replace such Program Materials.
- Intellectual Property. The Student understands and agrees that JD Advising owns all rights, title, and interest in and to all lecture and course materials used for the Programs and provided to the Student relating to the Program including, without limitation, all intellectual property rights therein (collectively, the “Program Materials”). Such Program Materials include, but are not limited to, the outline books, any handouts, support materials, and other curriculum items. JD Advising grants the Student a nonexclusive, revocable license to use the Program Materials only for noncommercial purposes related to the Student’s participation in the Program and only while enrolled in the Program. The Student agrees that the Program Materials are protected by copyright laws and are confidential and proprietary to JD Advising and will not disclose them to any third party, except to other students participating in the Programs. The Student shall not sell, share, copy, record, reproduce, or distribute, nor permit a third party to sell, share, copy, record, or distribute the Program Materials during or after the term of this Agreement. The license granted herein shall automatically terminate and be revoked as of the termination of this Agreement. JD Advising further reserves the right to terminate the license granted herein at any time if the Student fails to comply with the terms of this Agreement.
- Indemnification. Student hereby agrees to indemnify and hold JD Advising harmless from and against any and all losses, damages, expenses, costs, liabilities, interest, and attorney’s fees incurred, directly or indirectly, by JD Advising arising out of any actions, omissions, misrepresentations, or breach by the Student.
- DISCLAIMERS AND LIMITATION OF LIABILITY. JD ADVISING MAKES NO WARRANTY OR REPRESENTATION AS TO THE SUITABILITY OR QUALITY OF ITS SERVICES OR MATERIALS AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANYTHING DONE OR OMITTED IN RELIANCE UPON ITS SERVICES OR MATERIALS. THE STUDENT HAS SOLE RESPONSIBILITY FOR FULFILLING ANY REQUIREMENTS OR ACCOMPLISHING ANY OBJECTIVES FOR WHICH THE STUDENT PURCHASED ANY OF JD ADVISING’S SERVICES OR MATERIALS. JD ADVISING EXPRESSLY DISCLAIMS, AND THE STUDENT HEREBY EXPRESSLY WAIVES, ALL IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL JD ADVISING BE LIABLE TO THE STUDENT FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES EVEN IF JD ADVISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL JD ADVISING’S LIABILITY EXCEED THE AMOUNT OF $250.
- Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, notwithstanding the fact that either party is or may hereafter become domiciled or located in a different state. The parties stipulate and agree that (a) any and all claims, disputes, controversies, suits, or actions arising out of or relating to the provisions of this Agreement or the subject matter hereof (the “Claims”) shall be adjudicated exclusively in Oakland County Circuit Court, Michigan, or the United States Federal District Court for the Eastern District of Michigan sitting in Detroit, Michigan, and these courts shall have the exclusive jurisdiction and venue for any and all said Claims; and (b) such courts are a convenient forum and the parties will not seek to transfer the action to any other court. The parties waive, to the fullest extent permitted by law, any objection that they may respectively now or later have to the venue in said courts. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall first use their best efforts to settle the dispute, claim, question, or disagreement. If a dispute arises out of or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by a mutually agreed upon party before resorting to arbitration, litigation, or some other dispute resolution procedure. This Agreement constitutes the entire agreement between the Student and JD Advising with respect to the subject matter hereof and supersedes any and all other prior or contemporaneous agreements, either oral or written, between the parties (including, without limitation, any student representative of JD Advising) with respect to the subject matter hereof. The Student may not assign this Agreement or any of their rights hereunder. The Student’s failure to exercise any of its rights under this Agreement will constitute or be deemed a waiver or forfeiture of those rights. A facsimile or PDF signature of any party shall be immediately binding upon such party and have the same legal effect as an original signature of such party. 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
I, Student, acknowledge that I have read the Agreement and agree to be bound.
Whenever possible, each provision of these Terms and Conditions shall be interpreted in such a 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.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
Credit Card Charges and Credit Card Fraud Penalties
You warrant that you are over 18 years of age and are of legal age to enter into contractual agreements in the state in which you are present when you make a purchase, and you are the true and authorized owner of the credit card used to make this purchase.
Copyright, Patent, and Trademark Notice
Copyright 2018, JD Advising, Inc.. All rights reserved. JD Advising, Inc.’s Site and Information is the valuable, exclusive property of JD Advising, Inc. 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. 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 the JD Advising, Inc.’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.
This is the entire agreement between the parties and may not be modified except in writing signed by both parties.