Terms of Use

Terms of Use 

Please carefully read these terms and conditions (“Terms and Conditions”) before using this website (the “Website” or “Site”). By accessing, using, buying  or downloading materials from the Website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website. This Website is operated by the JD Advising, LLC (sometimes referred to as “The LLC”)

License Grant

JD Advising, LLC grants you a worldwide, non-exclusive, and non-transferable license to use the Site. You may download, view, copy, and print the Information incorporated into this Site solely for your personal, non-commercial use. The Information may not be transferred, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the Site, to facilitate unfair competition with the Site, or for any purpose that is inappropriate or unlawful under applicable United States and international law.

Restrictions

Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file except through the authorized access to the Site. Unless separately and specifically authorized in writing by JD Advising, LLC, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the Site without the authorization of JD Advising, LLC is strictly prohibited. You agree to use the Site and Information for lawful purposes only. You agree not to post or transmit any information through the Site which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the Site or Information.

Restrictions on Identity

You may not purchase any online course, book, one-sheets, or other materials, unless you are a student who intends to take the bar exam.

You  may not purchase any online course if you are an agent, employee, owner of a tutoring company or bar review course.

Cancellation and Refunds

You may not cancel your purchase or enrollment after a transaction has gone through. No refunds are guaranteed.

Responsibility for Content

JD Advising, LLC does not screen, edit or review material submitted by users. JD Advising, LLC can therefore accept no responsibility or liability for any material which may reside in or is accessed by the Site other than information authored by JD Advising, LLC. JD Advising, LLC has no responsibility with respect to other sites.

Linking

You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the Site. Furthermore, you may not use any of the Site’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without the Site’s express written permission, which JD Advising, LLC may withhold in its sole discretion. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by the JD Advising, LLC; (ii) cause confusion, mistake, or deception; (iii) dilute JD Advising LLC’s trademarks or service marks; or 4) otherwise violate state or federal law. This Site may contain links to other websites. These links are provided for informational purposes only, and JD Advising, LLC does not sponsor or affiliate with any linked entity unless expressly stated. JD Advising, LLC makes no representations and assumes no responsibility for your use of links provided on the this Site. You agree to indemnify and hold JD Advising, LLC and any of its related entities, board members, employees, agents and representatives harmless from and against, and shall reimburse JD Advising, LLC for any liability, damage, claim, loss, cost or expense (including, without limitation, court costs and reasonable attorneys’ fees) which may be incurred by JD Advising, LLC as a result of the material you link, upload, post, or transmit to JD Advising LLC’s Site. The LLC has no duty to review or edit materials submitted by users. Any such materials may be removed by the LLC at any time for any reason whatsoever.

Communications and other Content

You may not use a false e-mail address or mobile phone number, impersonate any person or entity, or otherwise mislead as to the origin of any content that you provide to us. By accessing the online lectures and content, you certify that YOU ARE A STUDENT INTENDING ON TAKING THE BAR EXAM, AND NOT THE AGENT/EMPLOYEE/AFFILIATE OF ANY BAR REVIEW COURSE OR TUTORING COMPANY OR BOARD OF LAW EXAMINERS.

Exclusions of Warranties

You acknowledge and agree that no warranties of any kind are made with respect to the LLC’s Site, the LLC’s Lectures, the LLC’s Information, or other sites. Furthermore, you acknowledge that the Information and links provided through the Site are compiled from sources that are beyond the control of the LLC. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur, and that the LLC does not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE LLC’S SITE AND INFORMATION ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS.  THE LLC DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. THE LLC EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LLC MAKES NO WARRANTY OR REPRESENTATION AS TO THE SUITABILITY OR QUALITY OF ITS SERVICES OR MATERIALS AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANYTHING DONE OR OMITTED IN RELIANCE UPON ITS SERVICES OR MATERIALS. YOU HAVE SOLE RESPONSIBILITY FOR FULFILLING ANY REQUIREMENTS OR ACCOMPLISHING ANY OBJECTIVES FOR WHICH YOU PURCHASED ANY OF THE LLC’S SERVICES OR MATERIALS. THE LLC SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE LLC’S SITE, LECTURES, OR INFORMATION PROVIDED INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. Under these Terms and Conditions, you assume all risk of errors and/or omissions in the LLC’s Site and Information, including the transmission or translation of Information. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD THE LLC HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL THE LLC BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES EVEN IF THE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE LLC’S LIABILITY EXCEED THE AMOUNT OF $250.

Submissions

All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to the LLC on or in connection with the Site are submitted without any restrictions or expectation of confidentiality. The LLC shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. The LLC shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed, or otherwise distribute your submissions in any manner without notice or compensation to you.

Privacy and Consent to Share Certain Information

The Site does not collect any personally identifying information about you except when you expressly provide it. You agree that the LLC can use your information for editorial, promotional, or marketing purposes, unless you request that your information not be used in such manner.  Please see our Privacy Policy for more details.

When you access content in our website, we collect information, including, but not limited to, information about the lectures you watch online, the test questions you complete, etc. This information will not be disclosed to third parties.

Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan, without reference to any conflict of law principles. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Oakland County, Michigan, and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts of Oakland County, Michigan are an inconvenient forum.

Limitation of Liability

IN NO EVENT SHALL THE LLC OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND.

Limitation of Claims

Any action on any claim against the LLC must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.

Waiver of Class Action and Jury Trial  

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a claim proceeds to court, we each waive any right to a jury trial.

Mediation

As part of the consideration that the LLC requires, you agree to use mediation for any claim, dispute, or controversy (“claim”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

You agree that you will make a good faith effort to mediate the claim without giving up your right to afterward pursue legal remedies in the Court of Michigan. The mediation and/or litigation will take place in the Oakland County.

Access to Lectures and PDF documents

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website or your ability to download a file or video may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Terms of use for one-sheets:

If you buy the one-sheets, you agree to the following terms of use:

  • I certify that I am a student intending to take the multistate essay exam (MEE). I am not an employee or agent of another tutoring or bar review course, nor am I a member, employee, affiliate, or agent of any board of bar examiner’s.
  • I certify that I will not sell, share, copy, post photos of, or allow anyone — in person or online — to view or have these one-sheets in any form. I understand that they are the copyrighted work product of JD Advising, LLC. I agree not to sell said one-sheets on Amazon, eBay, on any other site, to any other institution, or privately.
  • I further agree that these one-sheets do not promise to cover everything — or anything — on a given MEE, and that there are no warranties as to the accuracy of the information presented herein.
  • I agree that an injunction is an appropriate remedy if I improperly share materials. I also agree to pay JD Advising, LLC $150 per person that I share the MEE outlines with or show the MEE outlines to.

Severability

Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Credit Card Charges and Credit Card Fraud penalties

You warrant that you are over 18 years of age and are of legal age to enter into contractual agreements in the state in which you are present when you make a purchase, and you are the true and authorized owner of the credit card used to make this purchase.

Copyright, Patent and Trademark Notice

Copyright 2013, JD Advising, LLC.  All rights reserved. The LLC’s Site and Information is the valuable, exclusive property of the LLC or its licensors and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected. Except as permitted in these Terms and Conditions, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without the LLC’s prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information.

Entire Agreement

This is the entire agreement between the parties and may not be modified except in writing signed by both parties.