Terms of Use
BarWrite.com is a test preparation company that prepares students to take standardized tests. Use of this site by you constitutes your agreement to the terms, conditions, and notices below. If you do not agree with the following “Terms of Use,” please do not use this site.
BarWrite.com reserves the right to amend, modify, add or delete sections of these terms at any time. It is recommended that users periodically refer to this page for modifications. Continuing to use this site after the posting of any changes constitutes your acceptance of the changes. |
Content Downloads
Users may download or print content from this site for personal, non-commercial use as long as all copyright and other proprietary notices are included and intact. Users may not retrieve information or other proprietary content from this site in order to create or compile a collection, database, or directory without specific written permission from BarWrite.com. Use of any content on this site for any purpose not expressly permitted in these “Terms of Use” is strictly prohibited.
Trademark & Copyright Protections
All materials on this site (including design, text, images, and graphics) are the property of Mary Campbell Gallagher & Co, Inc. and BarWrite.com, and are protected by national and international copyright and trademark laws. “How to Raise Your Scores on the Bar Exam Essays,” “Nine-Day Group Coaching School,” “Three-Day New York Bar Essay Boot Camp,” “One-Day MPT Boot Camp,” and any and all other products and services offered and sold on this site are trademarks, registered trademarks or copyrights of BarWrite.com in the United States and abroad. Users may not duplicate, circulate, modify, publish, transmit, or sell any information, products or services obtained from this site, except as otherwise expressly permitted under applicable law or as described in herein.
Disclaimer of Warranties
Neither BarWrite.com, its affiliates, nor any third-party content provider, make any warranty whatsoever that the content and/or technical operation of its website will be uninterrupted or error-free, or that it is free of viruses or other harmful components. Further, there is no warranty for any results obtained from the site as far as complete accuracy, reliability, suitability, or timeliness. User is solely responsible for, and assumes the entire cost of, all necessary servicing or repair in the event of damage/loss resulting from content, downloads, or any other material or data obtained by user from BarWrite.com. This website, and all information, products, and other content (including third-party information, products and content) included in are provided “as is,” with no warranty of any kind (express, implied and statutory), including but not limited to warranties of title and non-infringement, as well as the implied warranties of merchantability and fitness for particular purpose. Use of BarWrite.com is at the sole risk of user.
Limitation of Liability
Under no circumstances and in no event shall BarWrite.com, its affiliates, providers, or content partners, or their respective employees, representatives, or agents, be held liable, regardless of the cause or duration, for errors, inaccuracies, omissions or other defects in, or timeliness of, information contained upon the BarWrite.com website, or for any claims or losses arising therefrom. Under no circumstances and in no event shall BarWrite.com be liable for any direct or indirect, incidental, special, consequential, punitive or exemplary damages arising out of (or relating to) this agreement and/or use of, or inability to use, the BarWrite.com website, or the claims of third parties, including users, however caused, under any legal theory (whether in contract, tort, negligence, strict liability or otherwise), even if BarWrite.com has been advised of (or if any BarWrite.com employee or agent is aware of or should have been aware of) the possibility of such damages. Under no circumstances will the aggregate liability of BarWrite.com, arising or relating to this agreement and/or its use (or inability to use) of the BarWrite.com website, under any legal theory, exceed the amount paid by the user, if any, to access the BarWrite.com website.
Indemnification
User agrees to indemnify and hold harmless, and at BarWrite.com’s request, defend BarWrite.com, its affiliates, agents and employees from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney’s fees and costs (“Losses”) insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: use of the BarWrite.com website; or any misrepresentation of any information, representation, or warranty, or breach of this “Terms of Use” or any other Agreement. If any third party brings a claim, lawsuit or other proceeding(s) against BarWrite.com based on a user’s conduct or use of BarWrite.com services or website, user agrees to compensate BarWrite.com for any and all Losses in connection with such claim, lawsuit, or proceeding.
Governing Law
The construction, formation, and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the state of New York, as such law applies to agreements between New York residents entered into and wholly performed within New York, without giving effect to any principles of conflicting laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. By using this site, user consents to the exclusive personal jurisdiction and venue of the state and federal court of the state of New York. It is hereby agreed that any action at law or inequity arising under this Agreement and/or the user’s use of the BarWrite.com website, shall be finally adjudicated or determined in New York and that parties hereto hereby submit generally and unconditionally to the exclusive jurisdiction and venue of these courts with respect to any such matter, and consent to service of process by any means authorized by New York law.
Acts of God
BarWrite.com shall be excused from its obligations for any period of time to the extent that BarWrite.com is prevented from performing (in whole or in part) its obligations under this Agreement, as the result of any acts of God, government action, regulation, or order (whether or not said action or order proves to be invalid), Internet failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, insurrection, riot, foreign or domestic court order, third-party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond BarWrite.com’s reasonable control that affects production or delivery in any way (including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or other related equipment or services, electronic or otherwise).
Waiver
Any failure to enforce strict performance of any provision of this Terms of Use by BarWrite.com will not constitute a waiver of BarWrite.com’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of BarWrite.com to exercise or take advantage of any right or remedy that BarWrite.com has or may have hereunder, operate as a waiver of any right or remedy.
Severability
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect. Such a provision shall be enforced to the maximum extent possible so as to affect the intent of the parties and shall be reformed to the extent necessary to make such provision valid and enforceable.
Merger Clause
This Agreement constitutes the entire agreement between the user (“you”) and BarWrite.com concerning the subject matter contained herein. It supersedes all prior or contemporaneous representations, proposals, conditions and agreements (oral or written) between the parties relating to the subject matter herein and all past courses of dealing or industry custom. Subject matter contained herein may not be modified except by BarWrite.com.
User Limitations
Users may not post illegal, harmful or threatening information or materials to this site that violate the rights of any third party or contain viral or otherwise harmful elements. Abusive, threatening, unlawful or vulgar language or activity is prohibited. BarWrite.com reserves the right to edit or delete user-submitted materials at its discretion. This website may not be used to conduct outside sales, trades or other commercial transactions.
Independent Investigation
BarWrite.com reserves the right to investigate alleged violations of conditions and terms of this Agreement whenever BarWrite.com suspects such violations exist. Investigation may include gathering information from user and the complaining party and reviewing materials on BarWrite.com servers. During such investigations BarWrite.com may remove any and all disputed material from its servers until a decision as to the claims has been rendered.
Outside Links
BarWrite.com offers links to third-party websites for the convenience and use of its users. However, BarWrite.com does not own or have interest in such sites. By making use of these links user acknowledges and agrees that BarWrite.com is not responsible for the availability or content of such external sites. Furthermore, users understand that BarWrite.com neither endorses nor is responsible for third-party website content; specifically advertising and product quality. BarWrite.com is in no way responsible or liable for any damage or loss caused (or alleged) by use of any content, goods, or services available on any such third-party website.
Acceptance
Use of the BarWrite.com website constitutes user agreement to and acceptance of this Agreement. User hereby waives any and all defenses he or she may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. User agrees to abide by the terms and conditions of this Agreement and any additional terms or conditions imposed by BarWrite.com or by third-party content providers in connection with third-party content, software, or services available in connection with BarWrite.com. BarWrite.com reserves the right to automatically amend this Agreement at any time by posting any amended terms, modifications and conditions to this “Terms of Use” section of the BarWrite.com website.
BarWrite.com reserves the right to change or amend this agreement at any time without prior notice. Such amendments are deemed to be “in effect” upon electronic posting.
View our Privacy Policy or contact us at:
BarWrite and BarWrite Press
Mary Campbell Gallagher & Co., Inc.
Post Office Box 1308 Gracie Station
New York, NY 10028-0010
Telephone: 212-327-2817
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