Watermelon Express Inc. d/b/a BenchPrep

This is an Agreement between you and Watermelon Express, Inc. d/b/a BenchPrep (“BenchPrep”). You agree that these Terms and Conditions and BenchPrep’s Privacy Policy (collectively, this “Agreement”) govern both your legal rights with regard to BenchPrep the business, as well as your legal rights and obligations with regard to the use of BenchPrep’s website (the “Website”), the BenchPrep Course (“Course”)(defined below) and any other products or services offered by or through BenchPrep (collectively, the “Services”).

BenchPrep provides a unique Website that allows you to access and use our online courses and other features and services, i.e. the Services. The terms of this Agreement govern your use of the Course. In order to use the Course, you are required to register for the Services for which you will pay a one time or subscription fee. The one time and subscription fee must be prepaid in order to use the Course and any part of the Services that require the payment of a fee.

READ THESE TERMS AND CONDITIONS (“T&Cs”) CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SERVICES. BY CLICKING THE “ACCEPT” BUTTON OR THE “NEXT” BUTTON (OR SIMILAR LANGUAGE PROVIDED BY US) OR BY DOWNLOADING, INSTALLING OR USING THE COURSE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE T&Cs AND ACCEPT ALL OF ITS TERMS, AND YOU ACKNOWLEDGE AND AGREE THAT THE T&Cs BIND YOU AS OF THE DATE OF SUCH ACCCPTANCE (“EFFECTIVE DATE”). NO OTHER THIRD PARTY OR ANY PARTY’S SUBSIDIARIES IS A PARTY TO THESE T&Cs. THE BENCHPREP PRIVACY POLICY IS AVAILABLE AT https://benchprep.com/privacy-policy AND IS INCORPORATED HEREIN BY REFERENCE AND THESE T&Cs GOVERN YOUR ACCESS TO AND USE OF THE SERVICES.

If you do not accept these T&Cs in its entirety, then BenchPrep is unwilling to license the Services and you may not access or use the Services; the use of the Course by you will be considered a violation of Intellectual property laws and may subject you to civil and/or criminal penalties.

“Course” as used herein shall mean (i) the course content, including, but not limited to, all educational and educational related materials, any software (including, but not limited to, mobile and desktop applications and programs) provided by BenchPrep (or its licensors), the associated source code, object code and media, any accompanying printed materials, including without limitation any user’s manual and any associated on-line or electronic documentation, and the content of any of the foregoing (whether text, graphics or other content)

“You” and “Your” and “you” and “your” as used herein shall mean you as an individual provided that you are at least 18 years of age or otherwise have the requisite capacity to contract under applicable law; or if you are not at least 18 years of age or otherwise do not have the requisite capacity to contract under applicable law, your parent, legal guardian, or other adult responsible for you on your behalf.

1. Registration: Parts of the Services may require registration in order to access and/or use. By using the Services, you represent that you are of legal age to acquire the goods/services you are seeking through the Website. By registering as a subscriber to the Services or completing any other registration, you are legally representing that to the best of your knowledge and belief, your registration information is truthful, accurate, and complete.

2. Right to Refuse Your Purchase of a Subscription: BenchPrep has sole discretion in determining whether to accept or refuse your request for a subscription to the Website and may refuse your request to subscribe to the Website or use of the Course in its sole and absolute discretion and without the need to provide explanation. BenchPrep has no liability whatsoever for such refusal.

3. No Liability for Access by Minors: BenchPrep is not responsible for determining the age of its users and has no liability whatsoever should a minor use the Website or any other part of the Services, regardless of whether the minor’s use of the Services would otherwise be prohibited due to the minor’s age.

4. Billing for Services: For purchases you make through the Website, you authorize BenchPrep or third-party service providers used by BenchPrep to process credit card transactions to store your payment card information and to charge the billing source you have provided for your account according to the billing plan you selected for your account. For subscriptions with recurring billing plans, you authorize BenchPrep to charge each month the billing source you have provided without further authorization, until your account is terminated.

BenchPrep has a zero-tolerance policy regarding credit card fraud and charge-backs. If you use a credit card to purchase a subscription to the Services, and then start a charge-back process regarding such purchase, BenchPrep reserves the right to immediately terminate your account, in which case, the credit card number will no longer be accepted in our systems. Should BenchPrep do this, you will never again be able to use that account and credit card through the Website.

5. Your Obligations:

Applicable Laws and this Agreement: You must comply with all applicable laws, and this Agreement, as may be amended from time to time with or without advance notice (including, but not limited to, any policies and processes explained in the following sections).
Service Eligibility: To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (i) are 18 years of age or older; (ii) are not currently restricted from the Services, or not otherwise prohibited from having a BenchPrep account, (iii) are not a competitor of BenchPrep or are not using the Services for reasons that are in competition with BenchPrep; (iv) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (v) will not violate any rights of BenchPrep, including intellectual property rights such as copyright or trademark rights; and (vi) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
Sign-In Credentials: You agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) refrain from using other users’ accounts; (iv) refrain from selling, trading, or otherwise transferring your BenchPrep account to another party; and (v) unless otherwise specifically agreed to in writing by BenchPrep, you shall refrain from charging anyone for access to any portion of the Services, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
Privacy: You should carefully read our full Privacy Policy before deciding to become a subscriber to the Services or any part of the Services as it is hereby incorporated into this Agreement by reference. The Privacy Policy governs our treatment of any information, including personally identifiable information, you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to or through the Services may reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
Contributions to BenchPrep: By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to BenchPrep by email or through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) BenchPrep is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BenchPrep shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) BenchPrep may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to BenchPrep all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from BenchPrep under any circumstances.
Third-Party Sites and Developers: BenchPrep may include links to third party web sites (“Third Party Sites”) on the Website or otherwise through the Services, and elsewhere. You are responsible for evaluating whether you want to access or use a third party site or a third-party platform application. You should review any applicable terms and/or privacy policy of the third-party site(s) and platform applications before using it or sharing any information with it, because you may give the third-party website or platform operator or another third-party access to or permission to use your information in ways we would not. BenchPrep is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from third party sites or platform applications. BenchPrep also does not screen, audit, or endorse third-party websites or platform applications. Accordingly, if you decide to access a third-party website or platform application, you do so at your own risk and agree that your use of any website or platform application is on an “as-is” basis without any warranty as to the use of the third-party website or platform application, and that this Agreement does not apply to your use of any third-party website or platform application.

Please note: If you allow a third-party website or a third-party platform application to authenticate to or connect with your BenchPrep account, that website or application may be able to access information on the Website and vice versa related to you and your connections and other personal information.

6. License: The Services, including, but not limited to any Course, is licensed only, not sold. Subject to the subscription type and your compliance with the T&Cs, and for the Term (defined below) hereof, BenchPrep hereby grants you, and you hereby accept from BenchPrep, a limited, personal, revocable, non-exclusive, non-transferable, non-sub-licensable license to install or access, and use each Course and/or part of the Services that you have purchased a subscription for, for your personal, non-commercial use on up to a total of 5 devices owned or controlled by you, which may include a combination of mobile and desktop devices depending on whether your subscription type provides for web only or web and mobile Course access (“Permitted Purpose”). BenchPrep reserves all rights in the Services not expressly granted to you in these T&Cs. BenchPrep may, from time to time, provide you with updates or revisions to Courses that you have purchased a license to, but is not obligated to do so under these T&Cs. The terms of these T&Cs shall govern any updates or revisions to the Services, including any Course, provided by BenchPrep that are not subject to separate T&Cs or a separate End User License Agreement (“EULA”). Single Course subscriptions only grant a license for the specific Course subscribed to. Library Course subscriptions only grant a license for the Courses specifically identified by BenchPrep (the subscription will specify which Courses you are licensed to access and whether the Courses are accessible on a mobile device or through the Website or both).

7. Restrictions: You acknowledge and agree that the Services are proprietary and are protected by copyright, patent, trade secret, and other U.S. and international laws. You may not remove, obliterate, or alter any copyright, patent or other proprietary notices used on or in connection with the Services and shall include all such notices on any copies made by you. You may not use the Services (i) on behalf of or in service to other parties other than for the Permitted Purpose, or (ii) in violation of any laws, rules, or regulations. You acknowledge that the Services contain trade secrets. You shall not under any circumstances, nor shall you permit anyone else to, (x) copy or otherwise reproduce, alter, modify, enhance, adapt, translate, or create a derivative work based on the Services, or any part of the Services, including, but not limited to any Course, or disassemble, decompile, reverse engineer, or otherwise derive the source code of the Services, including, but not limited to any Course, or attempt to do any of the foregoing, or (y) market, sell, sublicense, disclose, transfer, rent, lease, loan, or distribute the Services, including, but not limited to any Course or any portion thereof. You agree that modified or enhanced versions of the Services, including, but not limited to any Course, or derivative works based on the Services and do not constitute works different from the Services, and as such, are subject to the other terms and conditions of these T&Cs.

8. Ownership: BenchPrep or its licensors, owns all right, title and interest in and to the Services, including without limitation all patent, trademark, copyright, trade secret, moral rights, and other intellectual property (collectively, “Intellectual Property”) rights and reserves all rights, on behalf of itself and its licensors, not expressly granted hereunder. These T&Cs do not convey to you an interest in or to the Services, or any particular Course, but only a license to use those particular Services subscribed to, as specified in Section 1 of these T&Cs.

9. Term; Termination: Depending on your subscription type, the term of your subscription shall be one of the following:

For BenchPrep legacy subscribers (licensees of the subject Course prior to September 1, 2012) and for subscribers that purchase lifetime subscription to this particular course: the term shall commence on the Effective Date and shall continue indefinitely without an end date or until terminated as provided herein or by mutual agreement of the parties (“Term”); or For BenchPrep single course subscribers: the term shall commence on the Effective Date and shall continue for up to six months or until terminated, whichever occurs first, as provided herein or by mutual agreement of the parties (“Term”); or
For BenchPrep library (Monthly) subscribers: the term shall commence on the Effective Date and shall be for one month and shall automatically renew each subsequent month on the same day of the month as the Effective Date or if there is no corresponding date in a particular month, then on the last day of that month (“Term”); or
For BenchPrep library (Yearly) subscribers: the term shall commence on the Effective Date and shall be for one (1) year and shall not automatically renew (“Term”).
For BenchPrep subject (monthly) subscribers: the term shall commence on the Effective Date and shall be for one month and shall automatically renew each subsequent month on the same day of the month as the Effective Date or if there is no corresponding date in a particular month, then on the last day of that month (“Term”); or
For BenchPrep subject (Yearly) subscribers: the term shall commence on the Effective Date and shall be for one (1) year and shall not automatically renew (“Term”).

Without prejudice to any other rights of BenchPrep or its licensors, your license(s) shall terminate effective immediately if you (i) violate any of the terms of these T&Cs; or (ii) assign or attempt to assign your license rights in contravention of the terms hereof. BenchPrep may terminate your subscription if it is unable to process or renew your subscription as a result of inaccurate or outdated credit card information.

You may only cancel your subscription to a particular Course within seven (7) days from the Effective Date. For subscriptions with recurring fees, you may also cancel your subscription prior to the next scheduled charge; however, no refund will be granted for any charges processed by BenchPrep prior to the date you cancelled your subscription.

In the event of any such termination, you must immediately cease all use, and destroy the original and all copies of each Course licensed under the cancelled subscription and, not later than five (5) business days after such termination takes effect, you shall certify in writing to BenchPrep that such destruction has been completed. The provisions of Sections 2, 3, 5-13, 15, 18, 20,22,27 and 28 shall survive any termination or expiration of any license granted under these T&Cs.

10. Warranty; Disclaimer: BenchPrep warrants that for a period of thirty (30) days following your acceptance of the terms of these T&Cs by clicking on the “Accept” button or the “Next” button (or similar language provided by us) or by downloading, installing or using the course and your compliance with all other applicable registration requirements, BenchPrep shall use commercially reasonable efforts to make the Services available to you, provided that BenchPrep will have no responsibility for factors beyond its control that may affect your ability to download the Course, including, without limitation and by way of example only, problems with connectivity caused by your equipment or service providers or related generally to the internet, or lack of availability caused by BenchPrep’s licensors, service providers or other third parties.

EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 10, you expressly acknowledge and agree that you assume all the responsibility and risk for your use of the Services, including, but not limited to, each Course, and the results and performance thereof and your use of any Third Party Applications. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, EACH COURSE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. BENCHPREP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BENCHPREP OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN SECTION 10 OF THIS AGREEMENT. BENCHPREP DOES NOT REPRESENT OR WARRANT THAT: (I) THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY COURSE, WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; (II) THE OPERATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY COURSE, WILL BE UNINTERRUPTED OR SECURE; (III) YOU WILL OBTAIN OR ACHIEVE A PARTICULAR RESULT FROM USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY COURSE; (IV) THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY COURSE, COMPLIES WITH ANY PARTICULAR LAW OR REGULATION; OR (V) THE ACCURACY, TIMELINESSS, COMPLETENESS OR ADEQUACY OF THE SOFTWARE, ANY THIRD PARTY CONTENT AND ANY DATA ACCESSED THEREFROM. BENCHPREP MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY COURSE, OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY COURSE, AT ANY TIME WITHOUT PRIOR NOTICE TO YOU.

NO ORAL OR WRITTEN, REPRESENTATION, INFORMATION OR ADVICE GIVEN BY BENCHPREP OR ANY OF ITS REPRESENTATIVES OR ANY OTHER PARTY SHALL INCREASE THE SCOPE OF THE FOREGOING WARRANTY OR CREATE ANY NEW WARRANTIES.

IN THE EVENT OF ANY BREACH OF THE FOREGOING WARRANTY, YOUR SOLE AND EXCLUSIVE REMEDY FROM BENCHPREP WILL BE FOR BENCHPREP TO REFUND FEES, IF ANY, WHICH YOU PAID BENCHPREP FOR ACCESS TO THE SERVICES OR A PARTICULAR COURSE, AS DETERMINED BY BENCHPREP IN BENCHPREP’S SOLE AND ABSOLUTE DISCRETION.

IN THE EVENT THAT A MOBILE OR DESKTOP DEVICE FAILS TO CONFORM TO ANY APPLICABLE WARRANTIES THEREFOR IN CONNECTION WITH YOUR USE OF THE SERVICES IN ACCORDANCE WITH THE EULA, IF YOU PURCHASED ACCESS TO THE SERVICES OR ANY PARTICULAR COURSE THROUGH APPLE OR AN ADROID MARKETPLACE, YOU MAY NOTIFY APPLE OR THE APPLICABLE ANDROID MARKETPLACE, AND APPLE OR THE APPLICABLE ANDROID MARKETPLACE WILL REFUND TO YOU THE PURCHASE PRICE, IF ANY, FOR THE COURSE; PROVIDED, HOWEVER, THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) APPLE OR THE APPLICABLE ANDROID MARKETPLACE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES, WHICH ARE ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY AND FOR WHICH BENCHPREP EXPRESSLY IS MADE RESPONSIBLE ELSEWHERE IN THESE T&Cs, WILL BE THE SOLE RESPONSIBILITY OF BENCHPREP OR ITS LICENSORS.

11. Limitation of Liability:

THE REMEDY IN SECTIONS 10 AND 11 STATES BENCHPREP’S AND ITS LICENSORS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DEFECT IN THE OPERATION, RESULTS OR USE OF THE SERVICES.

EXCEPT TO THE EXTENT, IF ANY, NOT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT SHALL BENCHPREP, ITS AFFILIATED ENTITIES, ANY OF ITS THIRD PARTY SUPPLIERS (INCLUDING LICENSORS) OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “BENCHPREP GROUP”) BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERUPTION, MOBILE DEVICE OR COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE INSTALLATION, USE OR INABILITY TO USE THE SERVICES, UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE) , EVEN IF BENCHPREP OR ITS SUPPLIERS OR LICENSORS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) IN NO EVENT WILL BENCHPREP’S, AGGREGATE LIABILITY IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THE AGREEEMENT EXCEED THE AMOUNT YOU PAID FOR THE COURSE. IF YOUR JURISDICTION DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN THE EVENT THAT A MOBILE OR DESKTOP DEVICE FAILS TO CONFORM TO ANY APPLICABLE WARRANTIES THEREFOR IN CONNECTION WITH YOUR USE OF THE SERVICES IN ACCORDANCE WITH THESE T&Cs, IF YOU PURCHASED ACCESS TO THE SERVICES OR ANY PARTICULAR COURSE THROUGH APPLE OR AN ADROID MARKETPLACE, YOU MAY NOTIFY APPLE OR THE APPLICABLE ANDROID MARKETPLACE, AND APPLE OR THE APPLICABLE ANDROID MARKETPLACE WILL REFUND TO YOU THE PURCHASE PRICE, IF ANY, FOR THE COURSE; PROVIDED, HOWEVER, THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) APPLE OR THE APPLICABLE ANDROID MARKETPLACE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES, WHICH ARE ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY AND FOR WHICH BENCHPREP EXPRESSLY IS MADE RESPONSIBLE ELSEWHERE IN THESE T&Cs, WILL BE THE SOLE RESPONSIBILITY OF BENCHPREP OR ITS LICENSORS.

12. Indemnification: You shall indemnify, defend, and hold harmless BenchPrep and its licensors and suppliers from and against all claims, demands, suits, actions, or proceedings and all related losses, liabilities, damages, reasonable attorney’s fees, costs, and expenses (including without limitation reasonable attorney fees) arising out of or relating to (i) Your use or operation of the Services, including, but not limited to any Course; (ii) default in the performance of any of Your duties or obligations, or breach of any of Your covenants or agreements, under these T&Cs; or (iii) any negligent act or omission or intentional misconduct of or by You or any of your representatives associated with Your use or possession of the Services, including, but not limited to any Course.

13. Confidentiality: You shall treat as confidential and shall not disclose, reveal or provide access to the Services, data, documents, materials, or other information related to the Services (all the foregoing, collectively, “BenchPrep Property”), in each case other than screen shots, provided or disclosed to you in connection with these T&Cs in any form to any person, and shall not use any BenchPrep Property other than for the Permitted Purpose, without the prior written consent of BenchPrep. You acknowledge that any actual or threatened breach by you of any term or condition of Sections 6-8 or 13 hereof will cause BenchPrep, and/or its licensors and suppliers irreparable injury and damage for which monetary damages would not be an adequate remedy, and, therefore, BenchPrep or such licensor or supplier, as the case may be, shall be entitled to injunctive relief, without the need to post bond or other security, as necessary to enjoin such breach in addition to any other rights or remedies which may be available to BenchPrep or such licensor or supplier, as the case may be, hereunder or at law, in equity, or otherwise.

14. Operating Environment: You shall be solely responsible for providing and maintaining at your own expense the operating environment in which the Services will function and be used and the overall effectiveness and efficiency thereof, including, but not limited to, all equipment, hardware, and other devices and all site preparation, installation, integration, testing, and similar activities required for you to use the Services in accordance with the provisions hereof, and BenchPrep shall assume no such responsibilities. Once you install the Services, or any particular Course, except for BenchPrep’s warranty obligation set forth in Section 14 hereof or as otherwise expressly set forth herein, neither BenchPrep nor its licensors shall have any further liability or responsibility to you with respect to the Services, your use thereof, or any of your data, records, documents, results, or other information or materials used or generated by or on behalf of you or any other party in connection therewith.

15. Governing Law; Venue: These T&Cs is governed by and shall be construed in accordance with the laws of Illinois without resort to the conflict of laws principles thereof. Should any provision of these T&Cs be declared void or unenforceable by any court of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and if not possible, severed, and the legality and enforceability of the other provisions of these T&Cs will not be affected. The sole and exclusive jurisdiction for any legal proceeding arising out of or related to these T&Cs or the subject matter hereof shall be the appropriate federal or state court located in Cook County, Illinois, and you and your representatives hereby submit to the exclusive jurisdiction of such courts.

16. Third Party Beneficiaries. Please note that when accessing the Services you may also be subject to the terms of use of other third parties. You acknowledge that third party application marketplaces (including, but not limited to, the Apple App Store, the Google Android marketplace, the Microsoft Windows Phone 7 Marketplace, etc.) may each be third party beneficiaries of this Services. You further acknowledge and agree that such parties are not parties to these T&Cs other than as third party beneficiaries and are not responsible for providing maintenance and support services with respect to the Services.

17. Modifications and Updates to the T&Cs. BenchPrep reserves the right to modify and/or change any of the terms and conditions of these T&Cs at any time and without prior notice. If BenchPrep materially modifies these T&Cs it will post the updated T&Cs via a hyperlink or by other reasonable means now known or hereafter developed. BenchPrep will also update the “Last Updated Date” at the end of the page. By continuing to use the Services, including, but not limited to any Course, after BenchPrep has posted a modification of these T&Cs, you agree to be bound by the modified T&Cs. If the modified T&Cs are not acceptable to you, your only recourse is to cease using the Services.

18. Representations and Warranties. You agree to comply with all applicable laws, rules and regulations when using the Services. You will not use the Services to infringe anyone’s copyrights.

19. No Obligation. BenchPrep is not obligated to maintain or support the Services, including, but not limited to any Course, or to provide you with updates, fixes, or services related thereto. You agree to use the Services at your own risk and that BenchPrep shall not have any liability to you with respect to such content.

20. Export Laws. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export to any US embargoed country. By downloading and using the Services, including, but not limited to any Course, you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

21. Fees and Refunds. The right to access the Services granted under these T&Cs is effective only upon payment of the subscription fees. For subscriptions that do not automatically renew at the end of the term, you may choose to manually renew your subscription at the then current full subscription rate for these T&Cs. BenchPrep may increase subscription fees for subsequent subscription at any time and for any reason; provided, however, that if you have a recurring subscription, BenchPrep will provide you with at least seven (7) days notice of the increased subscription fee.

Recurring Fees. A recurring subscription fee is a payment in which you authorize BenchPrep to directly charge your credit card account on a regular basis. If you have purchased a subscription that automatically renews, you authorize BenchPrep to charge your credit card on each monthly or yearly anniversary, as applicable, of the Effective Date.
Fees for Upgrades. Upgrades of Recurring Subscription: If you upgrade your recurring subscription, any unused portion of the subscription period will be prorated and credited toward your new upgraded subscription fee. In the event of an upgraded subscription, your new Effective Date will be the date you upgraded your subscription.

Upgrades of non-recurring subscriptions: If you upgrade your non-recurring subscription, any unused portion of the subscription will be prorated and credited toward the upgrade charge, however, the end of the Term will not change.

Upgrades for BenchPrep legacy subscribers (licensees of the subject Course prior to September 1, 2012) and for subscribers that purchased lifetime subscription to this particular course: This subscription may not be upgraded and any attempt to upgrade your subscription shall be treated as a new and separate subscription.

22. Re-Marketing related to the Android Marketplace. Please note, if you visit our site and do not complete a purchase, you may be remarketed to, which means that Google may place a cookie on your browser (either through a first-party Google Analytics cookie or a third-party DoubleClick cookie) and you may see special ads, that include discounts for BenchPrep, on other Google Partner sites that you visit for a 30–60 day period or until you clear your cookies, after you visit BenchPrep because of these cookies.

You may opt-out of being remarketed to by BenchPrep through Google by visiting the Google Ads Preferences Manager. https://www.google.com/settings/ads/onweb/.

23. Promotional Lists and Newsletters. You understand and agree that by using the Services, your name may be placed on promotional lists to receive emails regarding the Services, news from our affiliates, and the BenchPrep newsletter. If at any time you no longer wish to receive such emails, please use the provided for means, if available, to stop receiving such emails, or contact support@benchprep.com.

24. Advertisers, User Contributions, Testimonials and Opinions. You understand that our Website and any newsletters or emails you receive from BenchPrep or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, users of the Website, manufacturers and service providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of the Services. Furthermore, you understand and agree that BenchPrep has no liability related to your reliance on any advertisements, user-contributed materials, testimonials, and opinions.

25. Discounts, Rebates and Special Offers: Discount codes, rebates and special offers, unless the terms of the discount code, rebate or special offer or with rebates specifically state otherwise, do not and cannot be used for or applied to renewal subscriptions. The charge for all renewal subscriptions, including automatic and manual renewals, will be at the then current full subscription rate.

26. Social Media Option. BenchPrep has, or in the future may have through an update, optional features that allow you to make your profile publicly available to other users of BenchPrep. If you connect your BenchPrep account to this social component, you agree that BenchPrep is not responsible for content once it is shared by you. If you use BenchPrep’s social component, you must respect other users of BenchPrep in your interactions with them. BenchPrep reserves the right, in its absolute discretion, to disable your account if it believes that you are improperly or inappropriately using the social component in violation of these T&Cs. If your account is terminated for violation of these T&Cs, you will not be entitled to any refund, and you may be blocked from accessing the Services and/or a particular Course or Courses. Examples of unacceptable behavior include, but are not limited to:

using offensive, abusive, defamatory, pornographic or obscene language; or
harassing or bullying other users; or
spamming other users through the inbox, or using automated means to artificially promote content; or
using a photo/image on your profile that infringes the copyright of a third party, or is offensive, abusive, defamatory, pornographic or obscene.

27. The Do’s and Don’ts for BenchPrep Subscribers: As a condition to access and use of the Services, all users of the Services understand and agree to the following rules of conduct while using the Services:

Do the following:
comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
provide accurate information to us and update it as necessary.
comply with our Privacy Policy.
comply with notices sent by BenchPrep concerning the Services;
use the Website, its content, and the Courses solely for its intended purposes only.
abide by this agreement as provided with the Software.

Do not do the following:
attempt to use any method to gain unauthorized access to any paid features of the Website.
copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website, its content, and the Course(s).
unless otherwise explicitly agreed to in writing by BenchPrep, use the Services or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
use automated scripts to collect information from or otherwise interact with the Services.
use the Services to commit any illegal acts as defined by any applicable law or statute, including, but not limited to the laws of state governments, federal governments, or other such governing bodies.
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content;
create false user profiles;
infringe upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
upload or introduce software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of BenchPrep or any user of BenchPrep;
reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
utilize or copy information, content or any data you view on and/or obtain from BenchPrep to provide any service that is competitive, in BenchPrep’s sole discretion, with BenchPrep;
imply or state, directly or indirectly, that you are affiliated with or endorsed by BenchPrep unless you have entered into a written agreement with BenchPrep;
adapt, modify or create derivative works based on BenchPrep or technology underlying the Services, or other users’ content, in whole or part, except as permitted under BenchPrep’s developer program;
sell, sponsor, or otherwise monetize the Services or any functionality of BenchPrep, without the express written permission of BenchPrep;
deep-link to the Website for any purpose, (i.e. including a link to a BenchPrep web page other than BenchPrep’s home page) unless expressly authorized in writing by BenchPrep;
remove any copyright, trademark or other proprietary rights notices contained in or on the Website including those of both BenchPrep and any of its licensors;
remove, cover or otherwise obscure any form of advertisement included on BenchPrep;
collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from BenchPrep except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
infringe or use BenchPrep’s brand, logos and/or trademarks, including, without limitation, using the word “BenchPrep” in any business name, email, or URL or including BenchPrep’s trademarks and logos except as provided in BenchPrep’s brand guidelines or as expressly permitted by BenchPrep;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
use bots or other automated methods to access BenchPrep, add or download contacts, send or redirect messages, or perform other activities through BenchPrep, unless explicitly permitted by BenchPrep;
access, via automated or manual means or processes, BenchPrep for purposes of monitoring BenchPrep’s availability, performance or functionality for any competitive purpose;
engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of BenchPrep’s website;
attempt to or actually access BenchPrep by any means other than through the interfaces provided by BenchPrep such as its mobile application or by navigating to http://www.BenchPrep using a web browser. This prohibition includes accessing or attempting to access BenchPrep using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including BenchPrep;
attempt to or actually override any security component included in or underlying BenchPrep;
engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on BenchPrep’s infrastructure, attempting to gain unauthorized access to BenchPrep, or transmitting or activating computer viruses through or on BenchPrep;
interfere with or disrupt or game BenchPrep or the Services, including, but not limited to, any servers or networks connected to BenchPrep, in particular BenchPrep’s search algorithms;
use the Services to “stalk” or otherwise harass another person;
harvest or collect email addresses or other contact information from users of the Services for the purposes of sending unsolicited emails or other unsolicited communications.

28. General. (a) You may not assign or delegate the license granted under these T&Cs or any of your rights or obligations hereunder, without BenchPrep’s prior written consent. (b) All notices under these T&Cs will be deemed given when delivered personally or sent by express courier or by U.S. certified mail, return receipt requested, to (i) BenchPrep, at 328 S. Jefferson St., Suite 240, Chicago, IL 60661; (ii) to you, at the address to which the Services was delivered or such other address for you as determined by BenchPrep, or as may otherwise be noticed in writing by either party to the other in accordance with this Section 20. (c) No failure of either party to exercise or enforce any of its rights under these T&Cs will act as a waiver of such rights or any other rights unless such waiver is set forth in a writing signed by the waiving party. (d) The section titles in these T&Cs are provided solely for convenience and have no legal or contractual significance. (e) Except as required by law, the controlling language of these T&Cs is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. (f) At the time these T&Cs become effective, it shall become the entire agreement and understanding of the parties regarding the subject matter hereof and may not be modified except by a written instrument that expressly amends these T&Cs and is signed by an authorized representative of each party. No purchase order, invoice or similar document will by its terms amend or supplement the terms and conditions of these T&Cs, even if accepted or signed by the receiving party. (g) The exercise by BenchPrep of any remedies under these T&Cs will be without prejudice to its other remedies under these T&Cs, at law, in equity, or otherwise. (h) If any provision of these T&Cs shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these T&Cs and shall not affect the validity and enforceability of any remaining provisions. (i) Nothing in these T&Cs will be construed as creating a joint venture, partnership, employment or agency relationship between you and BenchPrep, and you do not have any authority to create any obligation or make any representation on BenchPrep’s behalf.


QUESTIONS?

support@benchprep.com