Disclaimer

This Agreement ("Agreement") describes the conditions of use of the website located at https://www.barexamdoctor.com (the "Website"), which is owned by Bar Exam Doctor ("BED"). BED reserves the right at its discretion to change the terms of this Agreement and will notify users of any such changes by online postings. Your continued use of the BED service after the posting of any notice of change in terms shall constitute your acceptance to be bound by any such changes. By clicking on the "Submit" button, you covenant that you have read and considered all of the terms of this Agreement and agree to be bound by all of those terms.

BED Services: BED is in the business of assisting law students and repeat takers of the California Bar Exam and other state bar exams ("BED Customers") pass the California Bar Exam and other state bar exams by providing specific assistance with the Performance Test, Essay, and MBE portions of the California Bar Exam and other state bar exams, through its Website, and with individual and group tutoring sessions concerning all aspects of the California Bar Exam and other state bar exams, including but not limited to the performance test, multistate performance test, multiple choice, essay, and multistate essay examination portions of the exam. Upon your enrollment in the BED Performance Test and Essay program ("Program"), as more fully described on its Website, BED will provide you the services described herein ("Tutorial Services"). By registering for BED Services, you agree to comply promptly and fully with the rules, regulations and policies of the Program as heretofore or hereafter announced or published by BED. Failure to comply with any term of the Agreement shall automatically terminate your right to use the BED Service.

Cancellation and Expiration of Exams: You have a right to cancel this Agreement and obtain a refund within 24 hours of payment provided that you do not receive any tutoring or submit any answers, past bar exams, or any other material for grading via the www.barexamdoctor.com website or facsimile, or e-mail. If you notify BED of your cancellation of this Agreement by emailing info@barexamdoctor.com within the 24 hour cancellation period, you have a right to a full refund of all amounts paid, less a nonrefundable processing fee of $99. Your account will stay active for a period up to the friday (at 9:00 am) before the next upcoming bar exam (February or July) or the friday before the day of your law school finals (depending on which package is purchased). All remaining performance tests and essays and unused tutorial services will expire at that moment. Unused performance tests and essays and tutorial services are nonrefundable and are not transferable.

In addition, failure to appear on a tutoring appointment deems all money pre-paid to be non-refundable or a reasonable fee may be deducted at the discretion of BED only for the cost and time spent by BED preparing, attending and reviewing any exams submitted for tutoring. Permission to Use Performance Tests and Essays:You automatically grant BED, our successors, assigns and legal representatives, (1) all rights, title and interest in the intellectual property rights, including all common law rights, in and to the performance tests or essays or other materials submitted by you to BED, and (2) an irrevocable, perpetual, royalty-free, transferable and worldwide right and license to use, copy, modify, adapt, publish, translate, create derivative works from and sell and distribute any performance tests or essays or other materials submitted by you to BED or incorporate such performance tests and essays and materials into any form, medium or technology without compensation to you. In addition, you warrant that all so-called moral rights in those performance tests and essays or materials have been waived. None of the performance tests and essays and materials shall be subject to any obligation of confidence on the part of BED. You represent and warrant that the performance tests or essays or other materials submitted to BED do not violate or infringe upon the rights of third parties, and that no rights or licenses of any kind respecting the performance tests or essays and such other materials have been granted to any other person or entity. You also acknowledge that we will have the right to use or not to use the performance tests, essays, and any other materials or any portion thereof submitted by you to BED for any purpose without attribution as to source.

Performance Test or Essay Examination Evaluation: As more fully described on our website, BED will grade one performance test or essay at a time submitted by you within a timely manner (48 hours) from time the actual exam is uploaded/received and all reasonable effort is made to provide your answer within the timeframe indicated with your package. Once that exam is graded you can then submit another exam for grading. Please note that for exams emailed after hours (6:00 p.m. - 9:00 a.m.) the 48 hour period will not begin until the next business day (9:00 a.m.). Failure to receive a graded answer within that timeframe will not void this Agreement or entitle you to any additional benefits, remedies or services. You understand that the information, comments, grades and evaluation provided by BED are the opinions of third party individuals or entities employed by BED and not current employees of any state bar examiner group and do not in any way guarantee results on any applicable state bar exams. You further understand that you are able only to have one pending essay and performance exam being graded at one time. You further understand that the attorneys grading your exams may not be licensed in your state bar exam.

All items included with the purchase of any package will be automatically shipped to the address on file with paypal at time of purchase. If any item included in the package is unavailable, BED has the right to provide a studen with another item of equal or lesser value at anytime. BED is only responsible to shipping the items out within a reasonable period of time. BED is not responsible to check and verify that the customer is residing at the address listed on their paypal account.

Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICES;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; or
(v) ANY OTHER MATTER RELATING TO THE SERVICES.

Other Terms: If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

Disclaimer:

BED makes no warrant that
(i) the Website or tutorial services will meet your requirements or expectations;
(ii) the Website or tutorial services will be uninterrupted, timely, secure, or error free;
(iii) the results that may be obtained from the use of the Website or tutorial services will be accurate or reliable;
(iv) the quality of any tutorial services you obtain through use of the Website will meet your expectations;
(v) that the attorneys grading your exam may not be licensed in your bar exam state.

Material downloaded or otherwise obtained by you through the use of the Website or tutorial services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information obtained by you from BED or through the Website or tutorial services shall create any warrant not expressly stated in this Agreement. BED does not guarantee the legal accuracy or completeness of any bar exam material provided on the Website or tutorial services including, but not limited to, outlines, performance tests, multistate performance tests, MBEs, multistate essay examinations, Essays, or answers. Use of all material on the Website or tutorial services is at your own risk. Assignment of Contract. BED may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. The failure of BED to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Indemntiy You agree to indemnify and hold BED, its subsidiaries, and affiliates, and their respective officers, agents, partners, employees, and independent contractors, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or tutorial services in violation of this Agreement and/or arising from a breach of this Agreement. Copyright Notice All content provided to you on this Website or through tutorial services, is the intellectual property of BED and is protected by U.S. and international copyright laws. All rights are reserved.