Date Updated: April 12, 2019
The website thebarexaminer.org (the “Site”) is owned and maintained by the National Conference of Bar Examiners (“NCBE”). These NCBE Bar Examiner Website Terms of Use (“Terms”) govern use of the Site, however accessed, and the various online services and products offered through the Site. All visitors to our Site, whether transacting business or not, must follow these Terms.
By using any of our Site, you agree to the Terms set forth herein. If you do not accept these Terms, you should not access the Site or use any of the services, products, or content provided on or through the Site. Accordingly, you agree to the following:
1. Privacy. You have been notified of NCBE’s privacy practices related to the Site, which are set forth in the NCBE Bar Examiner Website Privacy Policy.
2. Limited License. NCBE grants you a limited license to access and make personal use of the Site, subject to your compliance with these Terms. You agree to use the Site only for lawful purposes and to comply with all local, state, and federal laws, statutes, rules, and regulations. You agree not to take any action that might compromise the security of the Site or render the Site inaccessible to others or otherwise cause damage to the Site or its contents. You agree not to use the Site in any manner that might interfere with the rights or privacy of others.
3. Prohibited Uses. You may not use the Site to (a) attempt to or actually disrupt, impair, interfere with, alter, or modify any data, information, software applications, or other materials posted and/or displayed by NCBE or anyone else; or (b) collect or attempt to collect any information from others, including, without limitation, personally identifying information; or (c) attempt to or actually disrupt, impair, interfere with, alter, or modify any data, information, software applications, or other materials posted and/or displayed on another website.
4. Security Violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data or information not intended for you; (b) accessing an account that you are not authorized to access; (c) probing, scanning, or testing the vulnerability of the Site, or breaching any security or authentication measures, regardless of your motives or intent; or (d) interfering with or disrupting the Site.
Violations of the security of the Site may result in civil or criminal liability. NCBE retains the right to investigate occurrences that may involve such violations, and NCBE may assist law enforcement authorities in the prosecution of such violations. NCBE may also report such violations to bar admission agencies or attorney regulatory authorities.
5. Intellectual Property. You acknowledge that NCBE, or its licensors, own and hold all intellectual property and proprietary rights, title, and interest in the Site and that your use of the same does not transfer any rights in the same to you. More specifically, you agree to the following:
a. “Content” means all the services, products, and information provided on a website, including but not limited to all the page headers, images, graphics, text logos, button icons, design, layout, software and source code, digital downloads, sound, video files, and data.
b. The following is a non-exhaustive list of Content that is the property of NCBE or NCBE’s content suppliers and is protected by United States copyright laws:
i. all Site Content used to operate the Site and any applications contained therein; and
ii. NCBE examinations, study aids, sample questions, model analyses, point sheets, Bar Examiner articles, and other text.
c. Unauthorized use of Content may violate applicable copyright, intellectual property, and other laws (some of which provide criminal remedies). You may not sell or modify the Content or reproduce, display, distribute, share, transfer, copy, or create derivative works from any Content on the Site. To request permission to use protected Content, use the Contact Us form on this Site. You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use protected Content.
d. “NCBE,” “MBE,” “MPRE,” “UBE,” “MEE,” “MPT,” and other NCBE logos and marks appearing on the Site are the sole property of NCBE and may be registered in the United States Patent and Trademark Office. Any use of these marks requires prior express written consent of NCBE. You shall not display, disparage, dilute, or taint our trademarks, or use any confusingly similar marks or names, or use our marks in a way that misrepresents who the proper owner is.
e. You may not remove or amend any trademark, copyright, or other proprietary notice. You may not copy, decompile, reverse-engineer, disassemble, modify, or create derivative works of the Site.
f. Any of your questions, comments, or suggestions for improvements regarding the Site that you email, post, or otherwise transmit to NCBE (your “Communications”) will become the property of NCBE. You hereby relinquish and assign to NCBE the worldwide royalty-free right and title to run, use, re-use, implement, copy, display, and create derivative works from those Communications for any purpose, including any ideas, concepts, know-how, or techniques contained in your Communications.
6. Links to Other Sites. NCBE has not reviewed all the sites linked to its Site and is not responsible for the content of any such linked sites. The inclusion of any link does not imply endorsement by NCBE of any linked sites. Use of any linked sites is at the user’s own risk.
7. Disclaimer of Warranties. THIS SITE AND ITS CONTENT IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NCBE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND AFFILIATES) EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NCBE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, OR LIKELY RESULTS FROM USING ANY OF THE DATA, INFORMATION, SOFTWARE APPLICATIONS, STUDY AIDS, OR OTHER MATERIALS PROVIDED BY OR THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
8. Limitation of Liability. IN NO EVENT SHALL NCBE OR ANY OF ITS OFFICERS, DIRECTORS, AFFILIATE ENTITIES, AGENTS, EMPLOYEES, OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT (IN EXCESS OF THAT STATED HEREINAFTER IN THIS PARAGRAPH), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN ANY WAY FROM THE USE OF OR INABILITY TO USE THE DATA, INFORMATION, SOFTWARE APPLICATIONS, ACCOUNTS, OR OTHER MATERIALS ON THE SITE, REGARDLESS OF THE CAUSE OR DURATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF NCBE TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT, IF ANY, YOU PAID TO NCBE OVER THE 12 MONTHS PRECEDING THE CLAIM OF LIABILITY, OR $50, WHICHEVER IS GREATER.
9. WAIVER OF CLASS ACTION RIGHTS AND/OR CLAIMS. You agree that to the extent you have or believe that you have any claims against us relating to your use or our provision of the Site or Content, you will bring those claims in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and NCBE agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative class proceeding.
10. Use Outside the United States. If you are located outside the United States, you acknowledge that the personal information that you provide to us is being transferred to, stored, processed, and accessed in the United States. When you submit any personal information to us, you consent to this transfer and all related transfers (e.g., to payment processors, data hosting and storage providers, data analytics service providers, bar admission authorities, and testing-administration agencies) and you agree not to make any transfer except as permitted by applicable local law in your location. We make no representations that the Site, its Content, or any services provided on the Site are appropriate or available for use outside the United States.
If you are using the Site from outside the United States, you release NCBE from any and all related claims, demands, and damages (actual, consequential, direct, and indirect) arising out of or connected with any violation of applicable local law in your location.
11. Revisions. NCBE may revise or modify these Terms, the Site, or any Content at any time without notice. By using this Site, you are agreeing to be bound by the then-current version of these Terms.
12. Termination and Investigations. NCBE, in its sole discretion, reserves the right to decline, suspend, terminate, alter, and/or modify your access to this Site, the Content, and/or any and all of the various online services available through this Site at any time and for any reason, including those set forth in these Terms. If we believe that your conduct or any information you provide via the Site or otherwise to NCBE materially fails to conform to these Terms, we reserve the right to investigate and to involve, report to, and cooperate with law enforcement, governmental, bar admission, attorney regulatory, or other authorities or testing-administration agencies concerning such conduct, and to pursue a civil lawsuit, criminal prosecution, or other action for any alleged or actual illegal, fraudulent, or other unauthorized activities involving this Site or any of the services provided herein, with or without notice. Any report made to law enforcement, governmental, or other authorities, including bar admission authorities, testing-administration agencies, and attorney regulatory authorities, may be made without notice to you.
13. Waiver. Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by NCBE of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
14. Choice of Law and Choice of Forum. Any claim, action, or proceeding arising out of these Terms or your use of this Site or Content shall be governed by and construed in accordance with the laws of the United States and the State of Wisconsin, without regard to principles of conflict of laws. Any claim, action, or proceeding related to the Terms or your use of the Site will be resolved exclusively in the state or federal courts located in the State of Wisconsin, and you consent to the jurisdiction of those courts.
15. Entire Agreement. These Terms constitute a legal agreement between you and NCBE and govern your use of the Site and completely replace and supersede any prior agreements between you and NCBE, whether written or oral, in relation to the Site.
16. Severability. If any provision of these Terms is determined to be unlawful, void, or unenforceable for any reason by a proper legal authority, then that provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
