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Bar Exam Advisors LLC - TERMS OF USE
This User Agreement ("Agreement") describes the conditions of use for the
Bar Exam Advisors LLC advisory service on the barexamadvisors.com website,
which is owned by Bar Exam Advisors LLC. By using our services and the website,
you agree to be bound by all of the terms and conditions contained in this
Agreement. Bar Exam Advisors LLC 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 Bar Exam Advisors LLC service after the
posting of any notice of change in terms shall constitute your acceptance to be
bound by any such changes.
1. Fees - Advisory
The
registration fee for the bar review course advice is $19.99 (the "Registration
Fee"). The Registration Fee is not refundable. Such Registration Fee includes
providing a recommendation for bar preparation for various situations (e.g.
first time takers, those who work full time, LLM students, retakers) and
advising law students and bar exam preparers as to which bar exam course or
courses are better suited for their individual needs. Such recommendation is
based on the policy set forth in Section 4 of this Agreement.
2. Bar Exam Advisors LLC -
Tutoring Services and Fees
Tutoring services and consulting services (the "Services") will be provided
by advisors who are admitted to practice law and are in good standing in New
York, New Jersey and Connecticut. The Services may include but are not
limited to: development of study schedules, Multistate Bar Examination (MBE)
coaching, Multistate Professional Rules Examination (MPRE) coaching, MPT
coaching, essay review, essay grading, coaching on the most frequently
tested topics in your jurisdiction, essay writing advice, and various
consulting services to law students including but not limited to choosing
the proper bar review course, fill out their bar exam applications and how
to approach the bar review course they have selected. The Services will
vary depending on each customer's individual needs and the package
purchased. The tutoring services will be offered in person, by e-mail,
phone/fax, and via webcast teleconferencing. The consulting services are
primarily e-mailed based services. The fees for such Services are as
follows:
- In person tutoring - $150 per hour
- 6 hour package for in person tutoring - $800
- 10 hour package for in person tutoring - $1200
- E-mail and phone tutoring - $125 per hour
- 6 hour package for e-mail and phone tutoring - $650
- 10 hour package for e-mail and phone tutoring - $1000
- Consulting Services for One Bar Session, includes bar review analysis, weekly scheduling assistance, organizational tips, MBE coaching, and e-mail consulting - $325.00
- Law School Consulting Program - $125.00
- Referral discount for e-mail and in person tutoring - refer one person for 6 or more sessions - get 2 hours free
The Services and packages will be paid in full at the time of hiring. You
have a right to cancel this Agreement and obtain a refund of any unused
tutoring hours if you are unhappy with the Services provided to you. In
order to receive such a refund, cancellation of the tutoring services must
be discussed with your tutor prior to the next scheduled unused tutoring
session. You will be required to pay a $50.00 processing fee for
cancellation of any tutoring services and $25.00 for the cancellation of the
consulting services.
3. Copyright
Notice
All content provided to you on this site, including the
questions provided by Bar Exam Advisors LLC and all other text, graphics, logos, images, and
software (including but not limited to the HTML code used to generate the pages
on the Website) is the property of Bar Exam Advisors LLC and protected by U.S.
and international copyright laws. All rights are reserved. All other copyrights,
trademarks and other intellectual property rights referred to in this Website
belong to their respective owners. 4. Your Registration
RequirementsWhere applicable, in consideration of your use of
the Service, you agree to (a) provide true, accurate, current and complete
information about yourself as prompted by the Website's registration form (such information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate, current and
complete. The personal/testing information contained in the Registration Data
shall remain CONFIDENTIAL. If you provide any information that is untrue,
inaccurate, not current or incomplete, Bar Exam Advisors LLC has the right to
suspend or terminate your account and refuse any and all current or future use
of the service (or any portion thereof). Bar Exam Advisors LLC will provide
advice and tutoring services based on your responses to the Registration Data
and is not responsible if the services provided or advice given is not accurate
due to incorrect or incomplete responses. 5. Disclaimers, Limitations, and Dispute
Resolution
(a) Disclaimer. BAR EXAM ADVISOR'S WEBSITE CONTAINS, FACTS,
VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND
ORGANIZATIONS. Bar Exam Advisors LLC MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURED, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY, SERVICES,
INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM Bar Exam Advisors LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
(b) Limitations.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Bar Exam Advisors LLC EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT. No arbitration or other claim under this Agreement may be
brought by either party against the other more than one (1) year after the cause
of action arises. Neither party shall be in default or otherwise liable for any
delay in or failure of its performance under this Agreement if such delay or
failure arises by any reason of any event beyond its reasonable control,
including any act of God, the elements, earthquakes, floods, fires, epidemics,
riots, failures or delay in transportation or communications.
(c)
Arbitration. Any controversy or dispute arising out of this Agreement shall be
settled by arbitration under the Rules of the American Arbitration Association
("the Rules") and not in Court. The Arbitration shall be held in New York and
the Arbitrator shall apply New York Law without regard to conflict of laws
principles in reaching a decision.
6. Limitation of Liability
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT Bar Exam Advisors LLC 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 (EVEN IF Bar Exam Advisors LLC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (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 SERVICE.
7. Exclusions and Limitations
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU
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