1. SCOPE OF THIS AGREEMENT.
You represent and warrant that you are using the Portal for the sole purpose of passing the Solicitor Exam, Barrister Exam, one or more NCA Exams and/or the Uniform Bar Exam for the sole purpose of obtaining license to practice law in a jurisdiction within Canada or the United States of America. You agree to provide to Lexverse, immediately upon a request made by Lexverse, any and all documents evidencing and/or confirming your representation in this Section 2. In the event that you use the Portal on behalf of another person, then you represent and warrant that said person is an individual known to you and you represent and warrant that said person is using the Portal for the sole purpose of passing the Solicitor Exam, Barrister Exam, one or more NCA Exams and/or the Uniform Bar Exam for the sole purpose of obtaining license to practice law in a jurisdiction within Canada or the United States of America and you agree to provide to Lexverse, immediately upon a request made by Lexverse, any and all documents evidencing and/or confirming your representation in this Section 2. Failure or delay in complying with your obligations under this Section 2 is a violation of the TOU and Lexverse may suspend or terminate your enrollment or access to the Portal with immediate effect and without a refund of any payment made for the Portal. Lexverse reserves the right to commence legal action for any violation of the TOU or other unauthorized use of the Portal.
You agree to provide to Lexverse, immediately upon a request made by Lexverse, a copy of an official enrollment document or receipt, from the relevant licensing organization, evidencing your enrollment (or enrollment of the person you have purchased Services for) in the Solicitor Exam, Barrister Exam, one or more NCA Exams or the Uniform Bar Exam. Failure or delay in complying with your obligations under this Section 3 is a violation of the TOU and Lexverse may suspend or terminate your enrollment or access to the Portal with immediate effect and without a refund of any payment made for the Portal. Lexverse reserves the right to commence legal action for any violation of the TOU or other unauthorized use of the Portal.
4. 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 your understanding and acceptance of this TOU and its terms and conditions.
5. GRANT OF LICENSE.
6. 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 lexverse.com; (h) use the Portal to upload, post, send, store, or otherwise transmit any content that Lexverse finds objectionable; or (i) use the Portal after any expiration, termination, or cancellation of this TOU or the license granted herein.
7. REGISTRATION OR ENROLLMENT INFORMATION.
Within 24 hours of shipment of printed materials or availability of any online course content, whichever comes first, a student may be entitled to a partial refund. Lexverse will issue a partial refund less $200 registration fee, applicable tax and any shipping fees up to the expiration of the 24 hours limit. No refunds will be given after the expiration of the 24 hours limit. There are no refunds for practice exams. All refund requests must be made in writing. Further, you must return any course materials in your possession within 14 days of the refund request before the refund will be issued. All course materials must be returned at your expense to Lexverse.
The Portal is licensed, not sold, to you for use only according to the terms of this TOU, and Lexverse reserves all rights, including without limitation intellectual property rights, not expressly granted to you. Lexverse 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 Lexverse all right, title, and interest in and to the Portal and derivative works and improvements of the Portal.
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 Lexverse to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the lexverse.com website or elsewhere with no liability or obligation to you. Lexverse 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.
11. SUPPORT SERVICES.
Lexverse or its agents may provide you with support services related to the Portal ("Support Services"). Such Support Services will be provided by Lexverse or its agents at no charge during the term of this TOU. Use of Support Services is governed by the Lexverse policies and programs described in the Portal or on the lexverse.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 Lexverse or its agents as part of the Support Services, you agree and acknowledge that Lexverse 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 Lexverse nor its agents will use such technical information in a form that personally identifies you.
12. USE OF THIRD-PARTY SERVICE PROVIDERS.
Lexverse 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 Lexverse to delegate the authorizations you provide to Lexverse to its Third-Party Service Provider(s) as Lexverse 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 “Lexverse” within this TOU and any incorporated terms are also deemed to include, where applicable, Lexverse’s agents, such as the Third-Party Service Providers.
13. EXPORT OF PORTAL.
You agree that you will use the Portal in accordance with all Canada laws (if you are a resident of Canada) and with all United States laws (if you are a resident of the United States) and are prohibited from transferring or exporting the Portal, directly or indirectly, outside Canada or the United States, as the case may be, to any country where doing so is prohibited.
14. 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 Lexverse 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 Lexverse. 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 barrister exam, solicitor exam, NCA exam, the Uniform Bar Exam or any other course or exam covered by the Portal. Further, Lexverse reserves the right to terminate your access and use of the Portal with or without notice.
15. 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 LEXVERSE 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.
16. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEXVERSE 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 CAD $10.00.
You agree to defend, indemnify, and hold Lexverse 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 Lexverse with regard to any violations of licensing agreements with any third parties. Lexverse 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 Lexverse in asserting any available defenses.
18. GOVERNING LAW AND REMEDIES.
This TOU shall be governed and interpreted solely and exclusively in accordance with the laws of Canada. In any claim or action between you and Lexverse with respect to this TOU, you agree that Lexverse 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 Lexverse is successful in the prosecution or defense of such claim or action. Any claim against Lexverse 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 Lexverse may report any misconduct to the attorney registration and character and fitness board in your jurisdiction.
19. ENTIRE AGREEMENT.
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 Lexverse. 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.
21. 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 in compliance with Section 2 of this TOU, and not at the direction of, or for the benefit of, a Lexverse competitor or another entity.