This Agreement is a legal agreement between you (an individual) and BarWinners dba BarWinners governing your use of the Course. The term “Course” collectively includes all of the following: live classes or workshops, streaming video lectures and workshops, individual tutorial classes or any combination thereof, BarWinners website, and any associated information, including, but not limited to, all content, learning management system, instruction, simulated examinations, grading and feedback. The Course is licensed, not sold. By using the Course, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are prohibited from using any aspect whatsoever of the Course.
GRANT OF LICENSE
Pursuant to the terms and conditions of this Agreement, BarWinners grants you a non-exclusive, non-transferable license to use the Course as an individual user. This license is restricted to your personal use of the Course for the limited purposes described in any Course documentation and on the Course website. You are acquiring no other right to use the Course materials, designs, trade secrets, trade names, copyrighted materials, trademarks, or service marks of the Course or its agents.
RESTRICTIONS ON USE
You shall not: (a) copy, merge, or make derivative works of the website or Course or written materials or content or any part of the Course; (b) rent, lease, sublicense, distribute, transfer, sell, copy or modify the Course or any of your rights under this Agreement; (c) provide unauthorized third parties with access to or use of the Course; (d) impersonate any person, entity, or otherwise misrepresent yourself or your affiliation with any entity; (e) use the website or Course in any unlawful manner or in any manner that could harm or disable BarWinners or BarWinners.com; or (f) use the Course after any expiration, termination, or cancellation of this Agreement or the license granted herein.
When you register online for access to the Course, BarWinners may ask you to provide certain identifying information (“Registration Information”). You agree to provide true, accurate, current, and complete information about yourself. For your protection and the protection of BarWinners’ other enrollees, you are prohibited from sharing your Registration Information (including passwords and usernames) with any other person for the purpose of facilitating their unauthorized access or use of the Course. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur via the Course through the use of your Registration Information. You shall be responsible for maintaining adequate security measures to ensure that your password and username are kept confidential. You agree to (a) immediately notify BarWinners of any unauthorized use of your Registration Information or any other breach of security, and (b) ensure that you exit your account at the end of each session. If your computer is accessible to others, you are responsible for logging out to prevent unauthorized access. BarWinners will not be liable for any loss or damage arising from your failure to comply with this section.
BarWinners reserves the right to update the terms of this Agreement at any time without notice to you. The most current version of the Agreement can be viewed by clicking on the “Click Through Agreement” link located once you click on “Enroll Now.”
The Course is licensed, not sold, to you for use only according to the terms of this Agreement, and BarWinners reserves all rights, including, without limitation, intellectual property rights, not expressly granted to you. BarWinners retains sole and exclusive ownership of the Course and all title and intellectual property rights therein. The Course is protected by copyright and trade secret laws, and the unauthorized reproduction or distribution thereof is subject to civil and criminal penalties.
USE OF THIRD-PARTY SERVICE PROVIDERS
The Course may, at its sole discretion and with or without notice, use outside third-party service providers to assist in providing the Course (each, a “Third-Party Service Provider”). You consent and authorize BarWinners to use Third-Party Service Provider(s) as The Course deems necessary or desirable. You agree that all terms and conditions of this Agreement inure to the benefit of such Third-Party Service Providers and such Third-Party Service Providers are deemed to be third-party beneficiaries of this Agreement. You agree to indemnify and hold harmless, Third Party Service Providers against any and all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of the Course and/or that arise from the use of Third-Party Service Provider’s Services including, without limitation, your violation of this Agreement.
TERM AND TERMINATION
The license granted to you herein will terminate automatically upon the administration of the applicable bar exam or in the event you violate any provision of this Agreement. You may terminate or cancel the license granted by discontinuing use of the Course and providing BarWinners with written notice. In the event of termination for any reason, you shall either delete or destroy any media containing the Course or return it to BarWinners. The termination of this Agreement will not relieve either party of any rights and obligations that may have previously accrued under the Agreement. Further, BarWinners reserves the right to terminate your access to and use of the Course with notice.
DISCLAIMER OF WARRANTIES
THE COURSE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED, OR STATUTORY. You understand and agree that BarWinners does not guarantee that you will pass the California Bar Exam or any other state’s bar exam. You hereby release, hold harmless, discharge and indemnify BarWinners for any and all liability or claims of any kind whatsoever, whether they be in contract, tort, intentional, negligence, strict liability, misrepresentation, unfair business competition or practices, advertising and/or for any other claims whatsoever should you pass or not pass the California Bar Exam or any other state’s bar exam.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall BarWinners be liable to you for any damages of any kind, including, but not limited to, punitive, exemplary, special, incidental, direct, indirect, or consequential damages arising out of your use or inability to use the Course, login, stream videos, access the Course Learning Management System, upload or download exams, grading, or feedback downloads, or reliance on the Course or information provided thereby, or the provision or failure to provide support services, or for whether you pass the bar exam or your performance on the bar exam. You agree to hold harmless, to the maximum extent permitted by applicable law, the Course, BarWinners’ employees, officers, BarWinners (individually and as Owner), members, agents, consultants, tutors, staff, Outside Service Providers, for any technical difficulties, platform, device, or system incompatibilities, that may arise in the use of the Course and its content.
You agree to release and hold harmless, to the maximum extent permitted by applicable law, the Course, BarWinners’ employees, officers, BarWinners (individually and as Owner), members, agents, consultants, contractors, third-party providers, licensors instructors, mentors, tutors, staff, graders, bar facilitator, administrator, third party service providers for any and all causes of action in law or in equity, from any responsibility or liability. In no event shall BarWinners, or its employees, officers, owner, members, agents, consultants, contractors, third party providers, or licensors, instructors, mentors, tutors, staff, graders, bar facilitator, administrator, outside service provider(s) be liable to you for any damages of any kind, including but not limited to punitive, exemplary, special, incidental, direct or, indirect, or consequential damages in law or in equity, arising out of the use of the Course or inability to use the Course, reliance on the Course or information provided thereby, the provisions of or failure to provide support services, or your performance on the bar examination. This limitation applies whether the alleged liability is based on contract, tort, negligence, unfair competition laws, strict liability intentional, negligent, based on misrepresentation, or any other basis in law or in equity even if BarWinners has been advised of the possibility of such damages. In no event shall liability for any damages, regardless of kind or type, to you or any other person, exceed $10.00
NO RIGHT TO REFUND
IF YOU DO NOT PASS THE BAR EXAM FOR WHICH YOU ENROLLED, YOU DO NOT HAVE A RIGHT OF REFUND, NOR DO YOU HAVE A RIGHT TO RECEIVE ANY FREE REPEAT COURSE, CLASS, EXAM-TAKING, GRADING AND/OR TUTORING REPEAT OPPORTUNITIES OR ANY OTHER REMEDY OR CLAIM.
You agree to indemnify and hold BarWinners and its employees, officers, trustees, BarWinners (individually and as Owner), members, agents, owners, consultants, contractors, third party service providers and licensors, harmless from and against any and all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of the Course, including, without limitation, your violation of this Agreement.
COURSE LOCATION AND SCHEDULE
BarWinners reserves the right to take the following actions without prior approval, notice or your consent: Change the course schedule; change course locations, change course from live to online, workshops, simulated exam sessions, instructors, private tutorial sessions, simulated exams, dates when simulated exams will be due, returned or graded, or feedback interaction times. Further, BarWinners reserves the right to change the number of students enrolled in any of BarWinners’ programs, change the number of tutorial sessions, alter the time of the tutorial sessions, change tutors, change the bar facilitating sessions or omit the bar facilitating sessions entirely. Enrollment entitles you to video streaming and testing privileges and temporary license to use the Course’s written instructional materials. You agree and understand that the Course is not a substantive law review course, but focuses exclusively on the following: bar exam essay writing skills, substantive approaches, Performance Test and MBE skills.
You will be given the Course dates and times of all video lectures, workshops, simulated examination sessions, tutorial sessions, stress management sessions, and bar facilitating sessions in advance of the commencement of instruction. Due to the short study period, the limited number of students accepted into the Course and the limited availability of the tutors, bar exam facilitator, online mentors, graders, no makeup sessions will be permitted, nor will there be any re-scheduling of any kind whatsoever. You must submit the Simulated Exams on time in order for your Simulated Exams to be graded unless you are already receiving Special Accommodations from the Committee of Bar Examiners or unless previous arrangements have been made with BarWinners. Assignments not turned in on time, not turned in the correct format (.DOC or. DOCX for lap toppers) or submitted in PDF format (for handwriters) or not following exam uploading/submission requirements will NOT be graded by BarWinners, and you be deemed to have waived and forfeited BarWinners feedback, review, and grading. BarWinners will only review and grade homework specifically assigned by the Course “for grading” LATE HOMEWORK WILL NOT BE REVIEWED. SIMULATED EXAMS NOT TURNED IN BY THE CUTOFF TIME WILL NOT BE GRADED BY BarWinners AND MUST BE SELF GRADED BY YOU.
The Course grade contained on any of your exams represents an opinion only and should not be relied on when making decisions regarding bar study, subject or area of exam focus and/or bar preparation decisions. The Course’s grading is for practice purposes only. The Courses gives you a grade and feedback as one of many study tools. Past performance on the Course’s practice exams is not a predictor of how you will do on the actual bar exam. Many factors affect how you perform while under the pressure of the actual bar exam administration.
THE COURSE AND ITS THIRD PARTY PROVIDERS ARE HERE TO ASSIST YOU, BUT IT IS YOUR RESPONSIBILITY TO USE THE CONTENT, LECTURES, WRITTEN MATERIALS, FEEDBACK, AND ADVICE EFFECTIVELY AND AS RECOMMENDED.
You understand and agree, that you must do all the homework assigned for each video lecture and workshop and home study homework assigned, take all simulated essay and performance exams, submit your study schedule to The Course and do everything The Course has assigned or recommended.
By clicking on this agreement, you understand and agree that the Course does not warrant or guarantee that you will pass the bar exam or warrant or guarantee how you will perform on the actual bar exam or guarantee your grades or scores on the bar exam. You agree and understand that passing the bar exam is solely your responsibility.
YOU EXPRESSLY ACCEPT SOLE LIABILITY AND RESPONSIBILITY FOR PASSING THE BAR EXAM, AND AGREE THAT PASSING THE BAR EXAM IS DEPENDENT UPON YOUR STUDY AND PREPARATION EFFORTS, INCLUDING YOUR WRITING ABILITIES, FOCUS, COMMITMENT, ABILITY TO LEARN AND UNDERSTAND THE SUBSTANTIVE LAW, TIME COMMITMENT, TAKING PRACTICE SIMULATED EXAMS, DOING SUFFICIENT AND DAILY MULTIPLE CHOICE PRACTICE, WORKING ON PERFORMANCE TEST SKILLS, ABILITY TO FOLLOW DIRECTIONS AND INCORPORATE THE COURSE’S INSTRUCTION, STRESS MANAGEMENT, WILLINGNESS TO CHANGE WRITING STYLE, TO ADAPT TO BAR EXAM WRITING STYLES AS TAUGHT BY THE COURSE FOLLOW THE COURSE’S GUIDANCE, ADVICE AND INSTRUCTION, YOUR PROFICIENCY IN THE ENGLISH LANGUAGE AND WRITING SKILLS, ATTITUDE, MOTIVATION, STUDY HABITS, PHYSICAL AND MENTAL HEALTH AND OTHER ESSENTIAL FACTORS, IRRESPECTIVE OF THE COURSE’S MARKETING, ADVERTISING, WEBSITE, OR TESTIMONIALS.
PRIVATE TUTORIAL SESSION OR TUTORIAL ATTENDANCE
You are given in advance, the dates and times of any private tutorial sessions for which you have enrolled. THERE WILL BE NO MAKEUPS OR RESCHEDULING OF PRIVATE AND/OR GROUP TUTORIAL SESSIONS whether sessions are live or digital, due to the limited time period between the bar exam and the limited availability of the tutors and the bar facilitator. Therefore, if you do not show up for your private tutorial or you cancel for any reason whatsoever, you forfeit the tutorial session. THERE ARE NO MAKEUPS. IF YOU CANCEL OR DO NOT SHOW UP/LIVE OR DIGITALLY FOR TWO TUTORIAL SESSIONS, YOUR REMAINING TUTORIAL APPOINTMENTS WILL BE CANCELLED, you will be expelled from the Tutorial Program and you will not be entitled to any refund whatsoever. Further, you cannot carry over any unused tutorial sessions to a future bar exam administration.
If you are late to your tutorial session, you FORFEIT the time missed. If you are unable to attend a tutorial session or if you will be late to a tutorial session, your tutor and/or the Bar Exam Facilitator will be waiting for you to arrive in person and/or digitally. If you do not attend a tutorial session and do not call BarWinners to let BarWinners know you will not be attending, all future tutorial sessions will be forfeited and you will not receive any refund.
COURSE TUITION, FEES, DEPOSITS, AND CHARGES
You understand and agree that there is NON-REFUNDABLE TUITION of $6,649 for the Intensive Program, $10,000 for the Professional Tutorial Program, $12,000 for the Premier Tutorial Package, $6,999 for Attorney Online Course, $12,500 for the Executive Attorney Tutorial Program and $5,000 for the Baby Bar Program. Course class size and tutorial spaces are extremely limited. If you reserve a spot in the Course or one of the tutorial programs, it precludes another student from enrolling in that program. Therefore, once a tuition deposit of any amount is made, and/or materials and/or content are shipped or available to Enrollee, there is no refund of any kind except on a limited basis as discussed in the Cancellation provision below?
Your total financial obligation as stated in the Agreement is due and payable 45 days prior to you attending any lecture or workshop or receiving online access to the Course. Full payment must be received for admittance to the Course, online services or content, or admittance will be denied.
WRITTEN MATERIALS LEASE FEE
There is a Written Materials Lease Fee of $250. BarWinners written materials included in the Written Materials Lease Fee are the Approach Book, the Question & Answer Books, the Performance Test Workbook, and the MBE Book (if applicable). The Course Materials are not for sale but are temporarily licensed to you.
REFUNDABLE MATERIALS DEPOSIT
A refund of $150 will be issued within 14 days of receipt of returned books and materials to address below. It is the Enrollee’s responsibility to return the leased books and materials to BarWinners at 1638 Huntington Drive Apt B, South Pasadena CA 91030 within three days after the administration of the California bar examination for which you enrolled in the Course.
IN THE EVENT THAT THERE IS AN UNPAID BALANCE ON ANY FEES ASSOCIATED WITH YOUR ENROLLMENT AND PARTICIPATION IN THE COURSE, YOU EXPRESSLY AUTHORIZE THE COURSE TO CHARGE THESE TUITION FEES OR COSTS TO THE CREDIT CARD NUMBER AND INFORMATION YOU PROVIDED ON FILE WHEN YOU ENROLLED, UNTIL ALL TUITION AND FEES HAVE BEEN PAID IN FULL.
BY CLICKING ON THIS CLICK-THRU AGREEMENT, YOU THE OWNER AND/OR THE AUTHORIZED AGENT OF THE OWNER OF THE CREDIT CARD USED TO ENROLL IN BarWinners Course, AUTHORIZE THE COURSE TO STORE AND RETAIN YOUR CREDIT CARD INFORMATION ENCRYPTED ON FILE. THE COURSE KEEPS ON FILE YOUR CREDIT CARD INFORMATION ENCRYPTED TO PAY ANY UNPAID BALANCE ON ANY FEES, TUITION, COSTS, TUTORIALS, MATERIALS ASSOCIATED WITH YOUR ENROLLMENT AND PARTICIPATION IN THE COURSE.
THIRD PARTY CREDIT CARD PAYMENT
BY PROVIDING A THIRD-PARTY CREDIT CARD TO THE COURSE YOU EXPRESSLY STATE THAT YOU HAVE BEEN AUTHORIZED TO USE IT BY THE OWNER OF SAID CREDIT CARD. YOU THEREBY GRANT AUTHORIZATION TO USE THE PROVIDED CARD FOR YOUR TUITION, COSTS, TUTORIALS, AND FEES. YOU ACCEPT FULL RESPONSIBILITY FOR THE USE OF SAID CARD BY THE COURSE TO PAY ANY FEES OR TUITION BALANCES OWED. IT IS NOT THE COURSE’S RESPONSIBILITY TO INVESTIGATE WHO OWNS THE CREDIT CARD THAT YOU HAVE PROVIDED.
NO CREDIT CARD REFUNDS
YOU UNDERSTAND AND AGREE THAT THERE ARE NO CREDIT CARD REFUNDS, CASH, CHECK OR PAYPAL REFUNDS, OR CHARGEBACKS PROVIDED OF ANY KIND.
CANCELLATION OR WITHDRAWAL
Once Barwinners has shipped any course materials, or provided online access to course materials, or our administrator has sent you any enrollment or Course information e-mails, there are no refunds of any kind.
Thereafter, any partial refund is at BarWinner’s sole discretion.
In order to qualify for a partial discretionary refund, you must, within 5 days of receipt of course materials or online access to course materials, or e-mails from the Course administrator, written notice to BarWinners that you are requesting a partial discretionary refund. To receive a partial discretionary refund, you must return by mail, with a tracking number, all Barwinners written materials in their original unopened shipping packaging and box, at your own expense, within 10 days of the partial discretionary refund request to 1638 Huntington Drive Apt B, South Pasadena CA 91030. Once BarWinners is in receipt of the materials, BarWinners, in its sole discretion, may determine whether to issue a partial refund of funds paid, less shipping, less a $750 nonrefundable course registration fee, and less $1,000 per day for the first 5 days you have possession of course materials and/or have been provided Course access to videos, learning management system, log in and/or passwords or code access or Course content or have been sent e-mails, text or been contacted by the Course’s employees, officers, trustees, BarWinners (individually and as Owner), members, agents, owners, consultants, tutors, mentors, contractors, third party service providers and licensors. Discretionary refund amount, in no event, shall exceed, $500.00. Thereafter there will be no refunds of any kind.
THERE IS NO RIGHT TO A REFUND FOR UNUSED OR UNATTENDED CLASSES, VIDEOS, WORKSHOPS, TUTORIAL SESSIONS, SIMULATED EXAMINATIONS, OR PROGRAMS. (There is no right to a refund for unused, cancelled, or unattended classes, lectures, video streaming, workshops, simulated exams, Intensive Programs, Online Programs, Tutorial Programs or Sessions, Attorney’s Exam Programs, Attorney Exam Tutorial Programs, On-Line Learning Sessions (Attorney or General Bar Exam), Baby Bar sessions or tutorial sessions or participation.}
There is no postponement opportunity for Enrollees in the Course. There are no refunds, or transfers into another Program or rollover to another California Bar administration or exam.
E-MAIL AND TELEPHONE CALL POLICY
You understand and agree to the following e-mail and phone policies:
If you are enrolled in BarWinners Intensive Program, Attorney’s Intensive Online Program, you may e-mail the BarWinners support team two times per week limited to two brief substantive law or writing questions per e-mail. If you would like to call or e-mail more frequently, there will be a charge of $250.00 per hour for any additional e-mails or phone calls.
If you are enrolled in any of BarWinners One-On-One Tutorial Programs, you may e-mail the BarWinners support team three times per week limited to two brief substantive law or writing questions per e-mail. In addition, you may call or e-mail BarWinners once per week.
If you would like to call or e-mail more frequently, there will be a charge of $250.00 per hour for any additional e-mails or phone calls.
Those enrolled in tutoring programs may bring all their questions to their tutorial sessions.
BarWinners may use any and all testimonials, e-mails, postings, feedback, communications sent to BarWinners by you, or provided by audio recording, video recording, telephone, mail, e-mail or letter. You hereby irrevocably consents and authorize BarWinners to edit and use all these e-mails, phone calls, testimonials, statements in full, or take quotes, clips, or portions of said communications, including but not limited to, for BarWinners’ advertising, print, digital, video, for banners, promotional or publicity purposes in any medium whatsoever, be it digital, web site use, audio, DVD, CD, social networking sites, professional networking sites, promotion, marketing, print, or television, in perpetuity, without compensation to Enrollee.
CHOICE OF LAW AND REMEDIES
This Agreement and the rights of the parties hereunder shall be governed by and interpreted solely and exclusively in accordance with the laws of the State of California, United States of America, exclusive of conflict or choice of law rules.
You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be resolved by the following Dispute Resolution provisions below, and you further agree and submit to the exercise of personal jurisdiction for such claim or action.
If any provisions of this Agreement are invalid under applicable law, they shall be enforced to the maximum permissible extent to affect the intent of the parties, and the remaining provisions will remain in full force and effect. Section titles or captions herein, which are included for purposes of convenience only, shall not be considered a part of this Agreement in construing or interpreting any of its provisions.
You agree not to publish or post any online reviews or comments aimed at disparaging Barwinner’s products, tutors, mentors, bar coaches, bar exam facilitator, graders or employee that are not based on provable facts.
The parties agree to negotiate in advance of mediation and arbitration, and make a good faith effort to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between those who have authority to settle the controversy.
If the dispute cannot be resolved by negotiation between the parties as described above, the parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the clause set forth below.
Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.
The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire.
You understand that by agreeing to arbitration you are giving up your Constitutional right to a trial by jury.
At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 3 above.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
NO ORAL MODIFICATIONS
This agreement may not be modified except by a writing signed by both parties. If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provisions. No employee, agent or other person is authorized to modify this Agreement or to make any representation or warranty concerning the Course other than those specifically set forth in this Agreement.