CHARK, LTD. PROVIDES THE LAWEXAMS.COM SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. CHARK, LTD. RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE WEBSITE AND ITS CONTENT. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
1.1 These Terms of Service apply to all users of the website LawExams.com, LawExams.mobi, any other Chark, Ltd. website, and any affiliated websites (collectively "LawExams.com"). LawExams.com may contain links to third party websites that are not owned or controlled by Chark, Ltd. Chark, Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
2. INTELLECTUAL PROPERTY INFORMATION
2.1 All content on the LawExams.com website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Chark, Ltd. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through LawExams.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
2.2 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Chark, Ltd.
2.3 You further agree not to reproduce, duplicate or copy Content from LawExams.com without the express written consent of Chark, Ltd., and agree to abide by any and all copyright notices displayed on the LawExams.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in LawExams.com. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of LawExams.com.
3. WARRANTY DISCLAIMER
3.1 THIS SITE, INCLUDING ANY CONTENT THIRD PARTY SUBMISSIONS OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
3.2 CHARK, LTD., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
3.3 Although Chark, Ltd. attempts to ensure the integrity and accurateness of LawExams.com, it makes no guarantees whatsoever as to the correctness or accuracy of the site. It is possible that LawExams.com could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform Chark, Ltd. so that it can be corrected.
4. WEBSITE ACCESS
4.1 In order to access some features of LawExams.com, you will have to create an account. You may never use another's account without the account holder's permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Chark, Ltd. immediately of any breach of security or unauthorized use of your account. Although Chark, Ltd. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Chark, Ltd. or others due to such unauthorized use.
4.2 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses LawExams.com. You agree not to collect or harvest any personally identifiable information, including account names, from LawExams.com, nor to use the communication systems provided by LawExams.com for any commercial solicitation or illegal or improper purposes.
4.3 Notwithstanding the foregoing, Chark, Ltd. grants the operators of recognized international public search engines, such as Google and Yahoo permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Chark, Ltd. reserves the right to revoke these exceptions either generally or in specific cases.
5.1 You agree to defend, indemnify and hold harmless Chark, Ltd., its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) your use of and access to the LawExams.com website;
(b) your violation of any term of these Terms of Service;
(c) your violation of any third party right, including without limitation any copyright, property, or privacy right; and
(d) any claim that your use of the site caused damage to another third party.
5.2 This defense and indemnification obligation will survive these Terms of Service and your use of the LawExams.com website.
6. GOVERNING LAW / DISPUTES
6.1 You agree that: the LawExams.com website shall be deemed solely based in the State of Nevada.
6.2 The LawExams.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Chark, Ltd., either specific or general, in jurisdictions other than Nevada.
6.3 Controlling Law. This Agreement shall be governed in all respects by the laws of the state of Nevada.
6.4 Choice of Forum and Venue. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Clark, State of Nevada. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Clark, State of Nevada shall have in personam jurisdiction.
6.5 Damages: We will not be liable for any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the LawExams.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss).
7. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The LawExams.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the LawExams.com website.