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SEPERAC BAR REVIEW LLC
PURCHASE AGREEMENT
TERMS AND CONDITIONS

PLEASE READ THIS CAREFULLY BEFORE SUBSCRIBING. BY PURCHASING OR USING A SUBSCRIPTION TO SEPERAC BAR REVIEW LLC, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.

1. Terms of Use and Restrictions.
By accessing this website, you accept without limitation or qualification, and agree to be bound and abide by, the following terms and conditions (Terms of Use). Seperac Bar Review LLC may revise and update these Terms of Use from time to time in its sole discretion. Your continued use of this website following the posting of revised Terms of Use means that you accept and agree to any and all changes to the Terms of Use. You may use this website only for lawful purposes and in accordance with these Terms of Use, and you agree not to: (i) use this website in any manner that could disable, overburden, damage, or impair this website, or interfere with any other use of this website, including, but not limited to, any user's ability to engage in real-time activities through this website; (ii) use any robot, spider or other automatic device, process or means to access this website for any purpose, including to monitor or copy any of the material on this website; (iii) use any manual process to monitor or copy any of the material on this website, or to engage in any other unauthorized purpose without the express prior written consent of Seperac Bar Review LLC; (iv) otherwise use any device, software or routine that interferes with the proper working of this website; or (v) otherwise attempt to interfere with the proper working of this website.

This information on www.seperac.com ("website") is for your personal and educational use. By using this website, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Because this website is intended for personal and educational use, do not disseminate, transmit, or duplicate any of the information contained on this website. The information or material on the website is the sole property of Seperac Bar Review LLC. This information must be incorporated by you as a service and may not be repackaged or resold under any form. Unless otherwise noted, all materials, including, but not limited to, documents, articles, images, illustrations, designs, icons, photographs, videos and audio files that are part of the website (collectively, the "Content") are protected by copyright and owned, controlled or licensed by SEPERAC BAR REVIEW LLC, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site. You may not share, sell, reproduce, duplicate, download, transmit, trade, or broadcast any of the information or material on the website without the express written consent of Seperac Bar Review LLC. No Content from the website may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from joe@seperac.com, or the copyright holder identified in the copyright notice contained in the Content. If you wish to build a hyperlink to the Web site, you may do so provided you agree to cease such link upon request from SEPERAC BAR REVIEW LLC. No other use is permitted without prior written permission of SEPERAC BAR REVIEW LLC. Modification of the Content or use of the Content for any other purpose is a violation of SEPERAC BAR REVIEW LLC's copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to SEPERAC BAR REVIEW LLC.

2. Subscriber Account
If you register as a user of this website, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You are not permitted to share your username and password. You agree to notify SEPERAC BAR REVIEW LLC of any unauthorized use of your username and password or any other breach of security at joe@seperac.com

3. Fees and Payments
SEPERAC BAR REVIEW LLC reserves the right at any time to charge fees for access to portions of the website or the website as a whole. However, in no event will you be charged for access to the website unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. You shall pay all applicable taxes relating to use of the website through your account.

4. Email and Public Communication
"Forum" means letters, e-mails or other types of communications to the webmaster(s) or employees of SEPERAC BAR REVIEW LLC, and messages posted in connection with online seminar discussions  on the website. You shall not upload to, distribute through, or otherwise publish through a Forum on the website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Website to join or become members of any commercial online or offline service or other organization is expressly prohibited.

Subject to the terms of the SEPERAC BAR REVIEW LLC privacy policy, in general, we will not monitor or edit the contents of Forum materials unless required in the course of normal maintenance of the website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on SEPERAC BAR REVIEW LLC; (2) protect and defend the legitimate business interests, rights or property of SEPERAC BAR REVIEW LLC, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users shall remain solely responsible for the content of their communications. SEPERAC BAR REVIEW LLC has the right but not the obligation to monitor and edit or remove any Forum communications and content.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

5. Indemnification
You agree to indemnify, defend and hold SEPERAC BAR REVIEW LLC harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the website.

6. Non-Transferability
Your right to use this website is not transferable. Any password or right given to you to obtain information is not transferable.

7. Jurisdiction
Unless otherwise specified, the Content on the website is presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. The website is controlled and operated by SEPERAC BAR REVIEW LLC from its office within the State of New York. SEPERAC BAR REVIEW LLC makes no representation that Content on the website is appropriate or available for use in other locations. Those who choose to access the website from other locations do so on their own initiative and are responsible for establishing the useability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.

All users, including those users who access the website from a country other than the U.S., agree that the laws of the State of New York shall govern any dispute, including those arising from SEPERAC BAR REVIEW LLC's use of personal information or otherwise relating to privacy, as specified in the Privacy Policy.

8. Termination
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all Content obtained from any and all website(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. The privileges granted to you by these terms, including the maintenance of a member account, will terminate immediately without notice from SEPERAC BAR REVIEW LLC if, in SEPERAC BAR REVIEW LLC's sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all Content obtained from the website and all copies thereof, whether made under these terms or otherwise. SEPERAC BAR REVIEW LLC may take such further action as SEPERAC BAR REVIEW LLC determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and SEPERAC BAR REVIEW LLC shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from SEPERAC BAR REVIEW LLC's exercise of its rights under these terms and conditions.

9. Subscription and Term
Due to the open nature of the work, no refunds are given under any circumstances. Barring extenuating circumstances, subscriptions are not extended if you withdraw from the exam you are subscribed for. You acknowledge herewith that you will not cancel payment or seek post-purchase refund for a 'change of mind' and for any difficulty in using or operating the website or forum or any other condition. Each subscription expires immediately after the bar exam for that course is given.

10. Disclaimer
THIS WEBSITE, FORUM, AND DOWNLOADS FROM THIS WEBSITE ARE MERELY OPINION, ADVICE OR SUGGESTIONS. BY NO MEANS SHOULD YOU RELY SOLELY ON THESE ASSERTIONS OR ADVICE. IN OTHER WORDS, USE YOUR JUDGMENT AND COMMON SENSE. THIS INFORMATION IS INTENDED TO SUPPLEMENT YOUR STUDYING. THE INFORMATION CONTAINED ON THIS WEBSITE IS BY NO MEANS A REPLACEMENT FOR COMMON SENSE, STUDYING AND HARD WORK. NO REPRESENTATION IS MADE THAT ANY ANSWER IS CORRECT OR IDENTIFIES OR CORRECTLY RESPONDS TO ALL OF THE ISSUES RAISED BY THE CORRESPONDING QUESTION. THE ANALYSIS IS DEEMED ACCURATE AND RELIABLE, BUT NO WARRANTIES ARE BEING MADE, INCLUDING, BUT NOT LIMITED TO TYPOGRAPHICAL ERRORS. IN ADDITION, PLEASE KEEP IN MIND THAT PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.

ACCORDINGLY, THE CONTENT IN THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEPERAC BAR REVIEW LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEPERAC BAR REVIEW LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SEPERAC BAR REVIEW LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SEPERAC BAR REVIEW LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SEPERAC BAR REVIEW LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, DIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEBSITE, EVEN IF SEPERAC BAR REVIEW LLC OR AN SEPERAC BAR REVIEW LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SEPERAC BAR REVIEW LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

11. Not Legal Advice
The Content contained on the website has been prepared by SEPERAC BAR REVIEW LLC as a service to its readers and the Internet community and is not intended to constitute legal advice. SEPERAC BAR REVIEW LLC has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the website. Users of information from the website or links do so at their own risk.

12. Tutoring
Before you decide to tutor with Seperac Bar Review LLC, please be aware of my tutoring style and availability. While some tutors do an excellent job of prodding you to study and providing encouragement, I do not. Because I deal with hundreds of examinees each administration, I am unable to devote time to daily updates or status followups with tutees. I expect examinees sitting for a bar exam to self-start and work without my intervention on my part. Accordingly, if you are an examinee that benefits from someone who is close contact with you and making sure you are on course with the work, you should look at other tutors. Quite honestly, the tutee should be more concerned about the exam than the tutor, so if a tutee needs constant prodding and followups, this is a problem in itself. Second, because I maintain the subscription site, I am sometimes unresponsive to tutees and/or unavailable to tutor. For example, I do not tutor during the two weeks after the essays are released. Accordingly, while I strive to give tutees feedback within 24 hours (I feel it is important that tutees receive feedback as soon as possible), this is not always the case. Finally, because I rely on statistics, my tutoring may seem impersonal. However, I feel this objective style will provide a better appraisal of your ability than any subjective style. While it is very important for examinees to go into the exam with confidence (this will genuinely help your performance), I am loathe to give examinees false confidence. Accordingly, if you find that you are prone to despair when facing adversity, tutoring with me may not be the best choice for your psychological well-being. Purchased hours are non-refundable once tutoring services have started. Prices subject to change at any time.

13. Other Products
Any reference made by the website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by SEPERAC BAR REVIEW LLC. Content on the website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of SEPERAC BAR REVIEW LLC. To the extent that the website contains links to outside services and resources, SEPERAC BAR REVIEW LLC does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

14. Other
These terms shall be governed by and construed in accordance with the laws of the State of New York. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Orange County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the website and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by SEPERAC BAR REVIEW LLC. To the extent that anything in or associated with the website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. SEPERAC BAR REVIEW LLC's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

15. Verification and Affirmation

I declare and affirm under penalty of perjury that the statements made herein are true and correct to the best of my knowledge, information and belief:

1) I am an examinee taking a State Bar examination with the upcoming year.

2) In accessing the seperac.com subscription site, I am not acting on behalf of anyone but myself.

3) My sole purpose in accessing and viewing the seperac.com subscription site is to supplement my studies for the Bar examination. I have no other purpose than this purpose.

4) I am not an owner, agent, consultant, employee, or vendor of any a bar examiner, bar admission authority, bar exam test-maker or private bar review. I am not a bar examiner, bar admission authority, bar exam test-maker or private bar review. I am not affiliated with or compensated by any bar examiner, bar admission authority, bar exam test-maker or bar review company in any way.

5) I affirm that I will not sell, share, copy, reproduce, reconstruct, post, or disseminate any of the information on the seperac.com subscription site.

By clicking the checkbox and purchasing a subscription, I declare and affirm under penalty of perjury that the statements made herein are true and correct. I understand that I am violating Seperac Bar review LLC's copyright if the statements made herein are not true and correct to the best of my knowledge, information and belief.

LAST UPDATED: December 2015

 

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