TERMS OF USE

ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO USE THE THEMIS PORTAL. BY CONTINUING TO USE THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.


SCOPE OF THIS AGREEMENT.

This TERMS OF USE AGREEMENT ("TOU") is a legal agreement between you (an individual) and Themis Bar Review, LLC ("Themis") governing your use of the Themis Portal available through the ThemisBar.com website (“the website”) and any associated information, including but not limited to, content, products, components, media, user manuals or guides, educational materials, website, and services (collectively, the “Portal”). The Portal is licensed, not sold. By using the Portal, you agree to be bound by the terms of this TOU. If you do not agree to the terms of this TOU, you are prohibited from using the Portal.


ELECTRONIC SIGNATURE AND DELIVERY.

This TOU and the Portal include important disclosures and information regarding the Portal. When you continue to use this website, you confirm yourunderstanding and acceptance of this TOU and its terms and conditions.


GRANT OF LICENSE.

Pursuant to the terms and conditions of this TOU and the Privacy Policy, Themis grants you a non-exclusive, non-transferable license to use the Portal as an individual user. This license is restricted to your personal use of the Portal as a Themis account holder or visitor for the limited purposes described in any Portal documentation and on the ThemisBar.com website. You are acquiring no other right to use artwork, designs, trade secrets, trade names, copyrighted materials, trademarks, or service marks of Themis or its affiliates or agents. By using the website, you represent and warrant that you are 18 years of age or older. You also warrant that you are using the Portal to prepare for a bar exam, MPRE, or law school exam, and not at the direction of or for the benefit of a competitor.


RESTRICTIONS ON USE.

You shall not: (a) use, copy, merge, or make derivative works of the website or Portal or any part of the Portal, except as specifically authorized in this TOU; (b) rent, lease, sublicense, distribute, transfer, copy, modify, or timeshare the Portal or any of your rights under this TOU, except as expressly authorized in this TOU; (c) provide unauthorized third parties with access to or use of the Portal; (d) reverse engineer, disassemble, decompile, or otherwise attempt to access the source code of the Portal, except and only to the extent that such activity is expressly permitted by applicable law; (e) use automated scripts to collect information or otherwise interact with the Portal in an unauthorized manner; (f) impersonate any person, entity, or otherwise misrepresent yourself, your age, or your affiliation with any entity; (g) use the website or Portal in any unlawful manner or in any manner that could harm or disable ThemisBar.com; (h) use the Portal to upload, post, send, store, or otherwise transmit any content that Themis finds objectionable; or (i) use the Portal after any expiration, termination, or cancellation of this TOU or the license granted herein.


REGISTRATION INFORMATION.

When you register for access to the Portal, Themis may ask you to provide certain identifying information ("Registration Information"). You agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity; misrepresent any affiliation with another person, entity, or association; use false headers; or otherwise conceal your identity from Themis for any purpose. Themis agrees to treat with care the information you provide in accordance with Themis’s Privacy Policy. For your protection and the protection of Themis’s other customers, Themis prohibits you from sharing your Registration Information (including passwords and usernames) with any other person for the purpose of facilitating their access and unauthorized use of the Portal. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur via the Portal 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 Themis of any unauthorized use of your Registration Information or any other breach of security, and (b) ensure that you exit from 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. Themis cannot and will not be liable for any loss or damage arising from your failure to comply with this section.


CANCELLATIONS AND REFUNDS.

Cancellation: A student may cancel his enrollment in Themis Bar Review at any time. To cancelenrollment, an email must be sent to info@themisbar.com.

Refund Eligibility: Within three days of shipment of printed materials or availability of any online bar review course content, whichever comes first, a student may be entitled to a partial refund. Themis will issue a partial refund less $250 registration fee, applicable tax and shipping fees up to the expiration of the three day limit. No refunds will be given after the expiration of the three day limit.

All refund requests must be made in writing. Further, you must return your course materials within 30 days of the refund request before the refund will be issued.   All course materials must be returned at your expense to Themis Bar Review at 320 West Ohio, Suite 4W, Chicago, IL 60654.


MODIFICATION.

Themis reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Themis Site.


SPECIFICATIONS.

The required software for use of the Portal is Adobe® Flash Player® 11.9.900.117, and Adobe® Acrobat Reader® XI (11.0.04), or higher. It is recommended that you use a high speed Internet connection for video playback in order to attain optimum performance when operating the Portal. The required operating system for our Android™ applications is Android™ 4.1 JellyBean or higher, and the required operating system for our Apple® applications is iOS 6® or higher. These specifications may change from time to time as documented on the ThemisBar.com website. By consenting to this TOU, you agree to monitor the ThemisBar.com website and implement necessary upgrades as the requirements change.


OWNERSHIP.

The Portal is licensed, not sold, to you for use only according to the terms of this TOU, and Themis reserves all rights, including without limitation intellectual property rights, not expressly granted to you. Themis retains sole and exclusive ownership of the Portal and all title and intellectual property rights therein. The Portal is protected by national and international copyright, trademark, service mark, patent, patent registration, trade secret, know-how, or other proprietary rights and laws, and the unauthorized reproduction or distribution thereof is subject to civil and criminal penalties. To the extent you acquire any right to the Portal or derivative works or improvements of the Portal, you hereby assign to Themis all right, title, and interest in and to the Portal and derivative works and improvements of the Portal.


COMMUNICATIONS.

Any communications or material of any kind that you e-mail, post, or otherwise transmit through the Portal, including data, content, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Themis to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the ThemisBar.com website or elsewhere with no liability or obligation to you. Themis and its affiliates, licensors, and agents are free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, without limitation, developing and marketing products using such information, with no additional consideration provided to you.


SUPPORT SERVICES.

Themis or its agents may provide you with support services related to the Portal ("Support Services"). Such Support Services will be provided by Themis or its agents at no charge during the term of this TOU. Use of Support Services is governed by the Themis policies and programs described in the Portal or on the ThemisBar.com website. Any supplemental materials provided to you as part of the Support Services shall be considered part of the Portal and subject to the terms and conditions of this TOU. With respect to technical information you provide to Themis or its agents as part of the Support Services, you agree and acknowledge that Themis or its agents may use such information for its business purposes, including for product support and development for which you will make no claim. Neither Themis nor its agents will use such technical information in a form that personally identifies you.


USE OF THIRD-PARTY SERVICE PROVIDERS.

Themis may, at its sole discretion and with or without notice, use third-party service providers to assist in providing the Portal (each, a “Third-Party Service Provider”). You consent and authorize Themis to delegate the authorizations you provide to Themis to its Third-Party Service Provider(s) as Themis deems necessary or desirable. You agree that all terms and conditions of this TOU 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 TOU. You also agree that all references to “Themis” within this TOU and any incorporated terms are also deemed to include, where applicable, Themis’s agents, such as the Third-Party Service Providers.


EXPORT CONTROL.

You agree that you will use the Portal in accordance with all United States laws and are prohibited from transferring or exporting the Portal, directly or indirectly, outside the United States to any country where doing so is prohibited.


TERM AND TERMINATION.

The license granted to you herein will terminate automatically in the event you violate any provision of this TOU. You may terminate or cancel the license granted by discontinuing use of the Portal and providing Themis written notice. In the event of termination for any reason, you shall either delete or destroy any media containing the Portal or return it to Themis. The termination of this TOU does not relieve either party of its rights and obligations that have previously accrued. All matters that (a) expressly survive the termination of this TOU, (b) relate to the termination of this TOU, or (c) in the normal course would not occur or be effectuated until after any such termination, as well as all rights and obligations of the parties pertaining thereto, shall survive any termination and be given full force and effect notwithstanding any termination of this TOU. Otherwise, the license terminates upon the administration of the applicable bar exam, MPRE, or law school exam. Further, Themis reserves the right to terminate your access and use of the Portal with or without notice.


DISCLAIMER OF WARRANTIES.

THE PORTAL IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; THAT THE PORTAL’S FUNCTIONS WILL MEET YOUR REQUIREMENTS; THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE INFORMATION PROVIDED VIA THE PORTAL WILL BE ACCURATE, TIMELY, OR COMPLETE; THAT YOUR REGISTRATION INFORMATION, COMMUNICATIONS, OR OTHER PERSONAL INFORMATION WILL BE SECURE; THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY ADVICE, INSTRUCTIONS, OR RECOMMENDATIONS IN THE PORTAL; OR THAT THE PORTAL WILL BE VIRUS FREE OR OTHERWISE SAFE FOR YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT. NEITHER THEMIS NOR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS PROVIDE ANY GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR STATEMENTS AND CONDUCT OF ANY THIRD PARTIES USING THE PORTAL AND FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE PORTAL.


LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THEMIS OR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PORTAL, RELIANCE ON THE PORTAL OR INFORMATION PROVIDED THEREBY, THE PROVISION 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, STRICT LIABILITY, OR ANY OTHER BASIS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED US $10.00.


INDEMNIFICATION.

You agree to defend, indemnify, and hold Themis and its employees, officers, trustees, members, agents, consultants, contractors, and licensors harmless from and against any and all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of the Portal, including without limitation, your violation of this TOU. Specifically, you agree to indemnify Themis with regard to any violations of licensing agreements with Apple®, Android™, or the National Conference of Bar Examiners. Themis reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Themis in asserting any available defenses.


ENTIRE AGREEMENT.

This TOU and the Privacy Policy constitute the entire agreement between you and Themis. No waiver of any provision of this TOU may be implied from any failure by Themis to assert its rights under this TOU on any occasion or series of occasions. No vendor, distributor, dealer, retailer, or other person is authorized to modify this TOU or to make any representation or warranty concerning the Portal other than those specifically set forth in this TOU.


CHOICE OF LAW AND REMEDIES.

This TOU shall be governed and interpreted solely and exclusively in accordance with the laws of the State of Illinois, United States of America, without regard to its conflict-of-laws provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this TOU shall be filed only in the state or federal courts located in the State of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and Themis with respect to this TOU, you agree that Themis will be entitled to recover its costs and expenses (including attorney’s fees), in addition to any other remedy available at law, in equity, or otherwise, if Themis is successful in the prosecution or defense of such claim or action. Any claim against Themis must be brought within one year of the date the cause of action accrued or shall be deemed waived.

In addition to subjecting you to criminal and civil liability, misuse of the Portal and violation of this TOU is a violation of professional ethics, and Themis may report any misconduct to the attorney registration and character and fitness board in your jurisdiction.


GENERAL.

You acknowledge and agree that each provision of this TOU that provides for a disclaimer of warranties or an exclusion or limitation of damages represents an express allocation of risk, and is part of the consideration of this TOU. This TOU shall not be assignable by you but shall be assignable by Themis. If any provisions of this TOU are invalid under applicable law, they shall be enforced to the maximum permissible extent to effect 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 TOU in construing or interpreting any of its provisions.


OTHER INTELLECTUAL PROPERTY RIGHTS.

Some of the MBE practice questions and answers, MEE questions and answers, and MPT questions and answers (collectively, “Content”) provided in the Portal and accompanying materials are copyrighted by the National Conference of Bar Examiners (“NCBE”). They have been included with express permission of the copyright owner. You are permitted to view the Content for your personal and non-commercial use only. You are not permitted to copy, modify, reproduce, disclose or distribute any of the Content in whole or in part. Any unauthorized use of the Content is a violation of the NCBE’s rights and could subject you and others who are involved to criminal and civil penalties. Additionally, permission to use the NCBE’s questions does not constitute an endorsement by NCBE or otherwise signify that NCBE has reviewed or approved any aspect of these materials or the company or individuals who distribute these materials.

The National Conference of Bar Examiners provides certain Civil Procedure sample questions as an educational tool for candidates seeking admission to the bar within a U.S. jurisdiction. These sample questions are very similar in format to the Multistate Bar Examination (MBE), and are intended to familiarize candidates with Civil Procedure MBE-style questions. While these sample questions illustrate the kinds of Civil Procedure questions that will appear on the MBE starting in February 2015, they do not represent all the Civil Procedure material that will be covered.

Android™ is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. The trademark Apple® is a registered trademark of Apple Inc. The trademark iOS® is property of Cisco. Themis’s use of these trademarks does not imply an endorsement by any of the trademark holders of the Portal or Themis.


CONTINUING TO USE THIS WEBSITE ACTS AS YOUR CONSENT.

By continuing to use this website, you acknowledge that you have read and understood this TOU's terms and conditions. You further acknowledge that you are using the website for the sole purpose of bar exam, MPRE, or law school exam preparation, and not at the direction of, or for the benefit of, a Themis Bar Review competitor.