Terms of Use & Service

1. NATURE OF AGREEMENT. This agreement is a legal contract made between You and BarReviewSolutions.com LLC (the “Company”). This is a binding agreement. By using the Internet site located at BarReviewSolutions.com (the “Site”), owned and operated by Company, or any services and products provided in connection with the Site (referred to collectively as the “Services”), You agree to abide by these Terms of Use & Service (“Terms”). YOU AGREE THAT BY USING THE SITE OR SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. ACCEPTANCE OF TERMS. In order to use the Site or Services, you must first agree to the Terms. You may not use the Site or Services if You do not accept the Terms. You can accept the terms by:

(A) actually using the Site or any of the Services. Company will treat Your use of the Services or Site as acceptance of the Terms from that point onwards, or
(B) clicking to accept or agree to the Terms, where this option is made available to You by Company.

3. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found at http://barreviewsolutions.com/privacy. Company’s privacy policy is expressly incorporated into this Agreement by this reference. You agree to the use of Your data in accordance with Company’s privacy policy.

4. USER ACCOUNTS. When you are required to open an account to use or access the Services or Site (“User Account”), you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. If not provided, a username and password may be assigned to you. You are entirely responsible for maintaining the confidentiality of your password. You may not use the User Account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use of your User Account, username, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your User Account or password.

5. PROVISION OF SERVICES. Company is constantly improving and changing Services in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Company provides may change from time to time without prior notice to You. You also acknowledge that, from time to time, the Services may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. If such unavailability occurs, Company will utilize reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money to ensure the Services are restored within a reasonable period of time (“Commercially Reasonable Efforts”). Unless You provide payment for Services, subject to Sections 6 and 8, infra, You acknowledge and agree that Company may stop providing the Services to You at Company’s sole discretion, without prior notice to You. You may stop using the Services at any time. You do not need to specifically inform Company when you stop using the Services. You acknowledge and agree that if Company disables access to Your account, You may be prevented from accessing the Services, Your account details or any files or other content which is contained in Your account.

6. USE OF SERVICES.

6.1. USE OF DOWNLOADABLE PRODUCTS. Company may make certain downloadable products available to you from the Site. If you download products from the Site, and unless specified otherwise, the products, including all files and images contained in or generated by the products, and accompanying data are deemed to be licensed to you by Company, for your personal, noncommercial, and home use only. Company does not transfer either the title or the intellectual property rights to the products, and Company retains full and complete title to the products as well as all intellectual property rights therein. You may not sell, redistribute, copy, or reproduce the products. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner. In some cases, Company may provide certain downloadable products to You under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License (the “Creative Commons License”). The full text of the Creative Commons License is found at http://creativecommons.org/licenses/by-nc-nd/3.0/us/legalcode. The Creative Commons License is expressly incorporated into this Agreement by this reference. The Creative Commons License applies to only those downloadable products that expressly reference it.

6.2. USE OF ONLINE PRODUCTS & SERVICES. Company may make certain other products or services available to you from the Site, including, but not limited to, online and/or on-demand products or services accessed directly from the Site. If you utilize any such service or product from the Site, the service or product, including all text, video, images, or files contained in or generated by the service, and accompanying data are deemed to be licensed to you by Company, for your personal, noncommercial, and home use only. Company does not transfer either the title or the intellectual property rights to the utilized service, and Company retains full and complete title to such services as well as all intellectual property rights therein. You may not sell, redistribute, copy, or reproduce such services. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

6.3. USE OF TUTORING SERVICES. In addition to all other Terms, any essay, performance test, bar exam assessment, or personal, individual tutoring service provided by Company in connection with the Site to You (the “Tutoring Service”) is subject to the following:

6.3.1. SITE-BASED TUTORING. The Tutoring Service will be provided via the Site. You will access the Tutoring Service by logging into your User Account and following the navigational menus or other instructions for Your Tutoring Service presented on the Site. Company may provide Notifications and other materials via email or other notification methods from time to time. In some instances, Company may ask or require You to utilize email in connection with the Tutoring Service.

6.3.2. QUESTIONNAIRES. Certain versions of the Tutoring Service may require you to complete an online questionnaire or survey (the “Questionnaire”). Company shall make the Questionnaire available to You for Your completion. You must complete the Questionnaire to continue the Tutoring Service.

6.3.3. TUTORING ESSAYS. Company may provide You a number of practice essay questions and/or performance tests as described on the product description page for Your Tutoring Service ("Tutoring Essays"). When possible, Company uses freely available, previously released bar exam questions. When available, Company may provide You with a model answer for Your Tutoring Essays. You acknowledge that You are purchasing Company's essay writing critique and evaluation services and not the actual essay questions and/or performance tests.

6.3.4. ESSAY SUBMISSIONS. Subject to Section 6.3.15 below, Your Tutoring Essay or other submissions shall be subject to the following:

6.3.4.A. PROPER FORMAT. Unless explicitly permitted otherwise, the answers You compose for the Tutoring Essays provided by Company or any other submission within conjunction of Your Tutoring Service (Your “Tutoring Essay Answers”) shall be typed and in an acceptable file size and format.

6.3.4.B. SCHEDULING. In some cases, Your Tutoring Essay Answers may be due on a set day of the week (“Traditional Scheduling”). For Traditional Scheduling, a preference for the set day of the week that You may submit Your Tutoring Essay Answers will be made available to You on the Questionnaire. In some instances, a Weekly Due Date may be assigned to you. In some cases, Your Tutoring Essay Answers may be due on a rolling basis with a set number of days between Your Tutoring Essay submissions (“Accelerated Scheduling” or “Expedited Scheduling”). For those Tutoring Services that do not include either Traditional, Accelerated, or Expedited Scheduling options, then Your Tutoring Essay Answers may be due on a fixed date (“Other Scheduling”).

6.3.4.C. TIMELY ESSAY SUBMISSIONS. Certain Tutoring Services may require You to timely submit Tutoring Essay answers via either Traditional Scheduling, Accelerated Scheduling, Expedited Scheduling, or Other Scheduling. For Traditional Scheduling, You will submit a maximum of one (1) Tutoring Essay Answer each week by Your Weekly Due Date (a “Traditional Scheduling Timely Essay Submission”). In the event you do not submit a Traditional Scheduling Timely Essay Submission by a Weekly Due Date, then that week will be considered missed and/or skipped. Your next opportunity to provide a Traditional Scheduling Timely Essay Submission will be the next occurring Weekly Due Date. There is no penalty for missed or skipped Weekly Due Dates. Any Tutoring Essay Answer that is submitted and not a Traditional Scheduling Timely Essay Submission will automatically be assigned to the next occurring Weekly Due Date without a Traditional Scheduling Timely Essay Submission. For Accelerated Scheduling or Expedited Scheduling, You will submit a maximum of one (1) Tutoring Essay Answer within the number of days set by Your Tutoring Service, as described on Your Tutoring Service product page (an “Accelerated Scheduling Timely Essay Submission” or “Expedited Scheduling Timely Essay Submission”). Accelerated Scheduling Timely Essay Submissions and Expedited Timely Essay Submissions are open-ended with no set due dates. Subject to Section 6.3.10 below, an unlimited amount of time may intervene between Accelerated Scheduling Timely Essay Submissions or Expedited Scheduling Timely Essay Submissions. For Other Scheduling, You shall submit Your Tutoring Essay Answers via the method and on the date as described on Your Tutoring Service product page (an “Other Scheduling Timely Essay Submission”).

6.3.5. QUESTION & ANSWER SERVICE. The Tutoring Service may include an unlimited Question & Answer Service regarding study strategy, exam-taking skills, conceptual subject-matter questions, or Feedback follow-up and clarification (the “Q & A Service”). Company will describe the manner in which you may utilize the Q & A Service via the tutoring overview page for Your Tutoring Service. Company will undertake its best efforts to provide timely answers for any questions presented. In most cases, a timely answer will be provided to You within two (2) business days.

6.3.6. FEEDBACK. For every Timely Essay Submission You make, Company will provide You the feedback for Your Tutoring Essay Answer as described on Your Tutoring Service product description page (the “Feedback”). Company reserves the right to provide Feedback in a variety of formats and/or methods, which may be accessed and/or downloaded from the Site by You.

6.3.7. FEEDBACK AVAILABILITY. To view, access, or download Feedback, Company will create and maintain for You a protected, private page or pages on the Site. As described on the product description page for Your Tutoring Service, Company will provide Feedback within a timely manner after receiving a Timely Essay Submission from You. Reasonable effort is made to provide Feedback within the timeframe indicated with Your Tutoring Service. However, Your failure to receive Feedback within that timeframe will not void this Agreement or entitle you to any additional benefits, remedies, or Services.

6.3.8. BLACKOUT DATES. Submission of Tutoring Essay Answers and Feedback Availability are subject to time periods during which Tutoring Essay Answers will not be accepted nor counted as Timely Essay Submissions and Feedback Availability will not occur (“Blackout Dates”). Blackout Dates are stated on the product description page for Your Tutoring Service. Company reserves the right to modify, change, or add to any of the Blackout Dates. Company will notify You via email or Site posting of any changes to the Blackout Dates.

6.3.9. UTILIZATION & AVAILABILITY OF TUTORING SERVICE; NO REFUNDS. Subject to Section 8 below, upon receipt of the Payment Amount, Company will make the Tutoring Service available to You. Since Company may limit the availability of the Tutoring Service to others in order to make the Tutoring Service available to You, Company will not offer refunds of any kind for non-utilization of the Tutoring Service by You. Unused Tutoring Essays are not refundable and are not transferable.

6.3.10. TERMINATION DATE OF TUTORING SERVICE. The Tutoring Service will terminate upon the completion of Feedback for all Tutoring Essays or the last day of the exam for which You purchased the Tutoring Service, whichever occurs first (the "Tutoring Service Termination Date").

6.3.11. TUTORING SERVICE WORK PRODUCT. Unless stated otherwise, Company retains full copyright and ownership for all Feedback made during the course of the Tutoring Service. Company licenses Feedback to You under a non-transferable personal use license. Resale or dissemination of Feedback, commercial or otherwise, is strictly prohibited.

6.3.12. SYSTEM REQUIREMENTS. You acknowledge and warrant that You possess the following minimum necessary system requirements for the duration of the Tutoring Service until the Tutoring Service Termination Date: a valid and working email account, a computer or other device and necessary software capable of logging into and utilizing the Site (including uploading and downloading files from Site), the necessary software or programs needed to compose your Essay Submissions and view Feedback, and up-to-date, working virus protection services or software on the computers or devices You utiize to access the Site.

6.3.13. EARLY TERMINATION. Company may, at Company’s discretion, terminate the Tutoring Service for nonpayment of the Payment Amount, as defined in Section 8 of these Terms, or for violation of these Terms. If Early Termination occurs for violation of these Terms, then the Payment Amount will be retained by Company as liquidated damages for such violation.

6.3.14. LIMITATION ON LIABILITY OF COMPANY FOR TUTORING SERVICES. From the nature of the Tutoring Service to be performed, it is impracticable and extremely difficult to fix the actual damages, if any, that You may incur as a result of Company's failure to perform any of its obligations under this Agreement. If Company is found liable for loss or damage due to its failure to perform the Tutoring Service, Company's liability will be limited to the refund to You of an amount equal to the pro rata portion of the Payment Amount for the Tutoring Essays' Feedback not completed by Company or the Payment Amount, whichever is less, as liquidated damages and not as a penalty; and this liability will be exclusive.

6.3.15. COUNTING DAYS. Any reference to days means business days. Subject to Section 6.3.8 above, a business day for purposes of any Tutoring Service shall include any weekday (Monday-Friday) excluding United States federal holidays. Your Tutoring Essay Answers are considered submitted on the day of submission if completed before 5:00 p.m. local time on that date. Any submission after 5:00 p.m. local time is considered submitted the next business day.

7. USER CONTENT.

7.1. PUBLIC USER CONTENT. You grant Company a license to use the materials you post to public, unprotected areas of the Site or any of the Services, including, but not limited to, comments, forums, polls, blogs, product reviews, product testimonials, and chats. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content to such public, unprotected areas (“Public User Content”) of the Site or any of the Services, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use Public User Content in connection with the operation of the business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Public User Content. You will not be compensated for any Public User Content. You agree that Company may publish or otherwise disclose your name in connection with your Public User Content. By posting Public User Content on the Site or any of the Services, you warrant and represent that you own the rights to the Public User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute Public User Content.

7.2. PRIVATE USER CONTENT. You grant Company a license to use the materials you post to private, protected areas of any of the Services for the limited purpose of providing you the Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content to such private, protected areas (“Private User Content”) of the Site or any of the Services, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a limited license to use Private User Content in connection with the operation of the business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, transmit, reproduce, edit, translate, and reformat Private User Content. You will not be compensated for any Private User Content. By posting Private User Content on the Site or any Service, you warrant and represent that you own the rights to the Private User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute Private User Content.

8. FEES, PAYMENT & PRICE TERMS; NO REFUNDS. When payment is required by You to utilize any of the Services, You agree to pay Company the amount listed in Your online shopping cart or invoice for the Services ("Payment Amount") via one of the payment methods made available to You by Company. Your payment of the Payment Amount is a condition precedent to Company's duty to provide the pertinent Services. Company reserves the right to change the price terms for any of the Services at any time. A change in price terms subsequent to Your purchase of any Service does not entitle You to any adjustment of the Payment Amount. All fees are based upon the Service or Services purchased and not actual usage. All payment obligations for any of the Services are non-cancellable and all fees paid by You are non-refundable.

9. COUPON CODES. Company may, from time to time, offer and disseminate discounts on certain Services via text-based discount codes (“Coupon Codes”). To utilize a Coupon Code, You must enter the Coupon Code where indicated during Your checkout of your online shopping cart. You may utilize only one (1) Coupon Code per purchase. A Coupon Code may be offered for a limited time or for a limited number of total purchases. Company reserves the right to end any Coupon Code at any time without prior notice. A Coupon Codes is non-transferable and possesses no cash value. Any existing Coupon Code is subject to the availability of the applicable Service; once a Service is sold out or becomes unavailable, then any existing, applicable Coupon Code becomes null and void.

10. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User Account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

11. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

12. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

legal@barreviewsolutions.com
Subject: DMCA Notification

Or fax to:
866-483-5972, Subject: DMCA Notification

13. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Services and/or the Site. To ensure that Company provides a high quality experience for You and for other users of the Site and the Services, You agree that Company or its representatives may access Your account and records, including Public and Private User Content, on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate Your account or Your access to the Site immediately, with or without notice to You, and without liability to You, if Company believes that You have violated any of the Terms, furnished Company with false or misleading information, interfered with use of the Site or the Services by others, or termination is required by law.

14. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT WARRANT THAT USE OF THE SITE OR ANY SERVICE WILL RESULT IN PASSAGE OF ANY BAR EXAM OR LAW SCHOOL EXAM. COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED OR INFERRED WARRANTY AS TO ANY RESULT ON ANY BAR EXAM OR LAW SCHOOL EXAM.

15. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

16. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with Your use of the Site, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.

17. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject You to civil and/or criminal liability.

18. INDEMNITY. You agree to indemnify Company for certain of Your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Site, your violation of these Terms, or your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity. Company will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

19. FORCE MAJEURE. If Company fails to provide or maintain Services because of internet or network delays or connectivity problems, strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of Company, then Company's performance will be excused.

20. COPYRIGHT. Unless expressly stated, all contents of Site or Services are: Copyright © 2009-2012 BarReviewSolutions.com LLC. All rights reserved.

21. CHANGES TO THE TERMS. Company may make changes to these Terms from time to time. Company will post a notice on the Site any time these Terms of Use & Service have been changed or otherwise updated. It is Your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Services. You understand and agree that if You use the Services after the date on which the Terms have changed, Company will treat Your use as acceptance of the updated Terms. If You purchase a Tutoring Service subject to Section 6.3 above, then this Section shall not apply for the duration of the Tutoring Service and the version of the Terms agreed to at the time of purchase shall remain in full force and effect until the Tutoring Service Termination Date.

22. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Jackson County, Missouri, USA, in all disputes arising out of or related to the use of the Site or Service.

23. LIMITATION ON BRINGING ACTION. Any action arising under these Terms must be commenced within 1 year after the cause of action accrues.

24. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

25. NO LICENSE. Unless expressly stated otherwise, nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

26. SITE LOCATION. The Site is controlled and operated by Company from its offices in the State of Missouri. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Missouri.

27. HEADINGS. The headings in these Terms are included principally for convenience and do not by themselves affect the construction or interpretation of any provision in this Agreement, nor affect any of the rights or obligations of the parties to this Agreement.

28. NO ASSIGNMENT. You may not assign this contract, or any part of it, to any other party. Any attempt by You to do so is void.

29. ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER AGREE THAT THESE TERMS SUPERSEDE ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND COMPANY RELATING TO THE SUBJECT MATTER OF THESE TERMS.

Updated May 9, 2012.