Privacy Policy and Terms Of Use

Trust at BarPrepHero.com

1.00 INTRODUCTION:

ATTENTION: This Is A Legal Agreement Between Barprephero.Com And You. It Defines Our Mutual Rights And Responsibilities. Please Read These Terms And Conditions And Our Privacy Policy Carefully, In Their Entirety, And Acknowledge Your Acceptance Of Them Before Using The Free Services Or Paying To Access The Premium Services on our Web Site. You Must Do This In Order To Access Our Services. If You Do Not Agree, Please Exit The Site And Do Not Proceed Further.

Welcome to BarPrepHero.com. This is a private enterprise that is owned by Elegant E-Learning, Inc., a ten-year old company with a proven track record of providing cutting-edge online educational programs and free online resources to help those who are seeking qualification for operators’ and other licenses, educational equivalencies and occupational licenses, including in this program, the professional license to practice law. We operate a number of websites that provide training and preparation to take the official licensing or educational tests for various certifications and equivalencies provided by each state.

This is a testing preparation program that is presented to you entirely online. It may be used in addition to the traditional bricks and mortar test-preparation programs traditionally offered to law students and others seeking to prepare to take a licensing or other testing requirement. If you have graduated from a qualified law school program and are planning to take the bar examination to obtain a license to practice law in a state in the United States, or certain territories, then our program is geared specifically to your needs and to the goal of helping you to improve your chances to pass. Although we invest significant time and resources to assist you in this endeavor, we of course cannot guarantee the results. There are disclaimers of warranty and other provisions below that limit our legal responsibility in that respect. Please read and accept all of these provisions prior to using our services.

Please note that we are not associated with any public or quasi-public agency and that we are a private testing and exam-preparation service that operates to make a profit. We are not associated with the National Conference of Bar Examiners (NCBE) or the Multistate Bar Examination (MBE) or any similar agencies or non-profit organizations. This is the proprietary and copyrighted content of BarPrepHero.com and is not owned or operated by, nor affiliated with, any federal, state, county, or city government, or any department, bureau, division or agency of any federal, state, county, or city government, or any department, bureau, division, or agency of any governmental body. For help or assistance, you may contact us at info@barprephero.com

1.1 ACCEPTANCE OF AGREEMENT

(A) You Have Read and Understand These Terms and Conditions. By accessing this web site and using the free or premium services, you are agreeing to be bound by these Terms and Conditions, along with the Privacy Policy and related site provisions, each and every time that you visit. You agree also to abide by and comply with all applicable federal, state and local laws, statutes, ordinances and regulations, and with our various rules and prohibitions that we list throughout this Agreement, regarding your use of our website, content, services and any software provided therein. These provisions apply also to any mobile applications that we have provided for you to complete our course programs. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY; YOU UNDERSTAND THAT USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

YOU AGREE THAT THERE IS GOOD AND VALUABLE CONSIDERATION PASSING BETWEEN BOTH PARTIES TO THE AGREEMENT, AND YOU HEREBY ACKNOWLEDGE YOUR VOLUNTARY INTENTION TO BE LEGALLY BOUND TO ALL PROVISIONS AND MATERIALS THAT COMPRISE THE AGREEMENT.

YOU AGREE TO COMPLY WITH ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, MOBILE CONNECTIONS AND ANY SOFTWARE PROVIDED AS PART OF ANY OF THESE SERVICES AND PRODUCTS.

1.2 THE MULTISTATE BAR EXAMINATION

The BarPrepHero.com program prepares you to take the standardized Multistate Bar Examination (MBE), which is required in all states except Louisiana. It is also required in certain territories of the United States. The National Conference of Bar Examiners (NCBE) is a U.S. based non-profit organization that develops national (“multistate”) standardized tests for admission to the bar in individual states. The MBE is the most widely-used of its tests. The NCBE also offers the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT).
NCBE has developed a Uniform Bar Examination (UBE), which consists solely of the MBE, MEE, and MPT, and offers portability of scores across state lines. Missouri became the first state to adopt the UBE; both that state and North Dakota were the first to administer the UBE, doing so in February 2011. Following Missouri’s lead, about 25 other states have chosen to use all three components of the UBE as their official examination. However, many of the largest legal markets – California, Florida, Illinois and Texas – have so far chosen not to adopt the UBE. Among the concerns cited with the adoption of the UBE were its absence of questions on state law and the fact that it would give the NCBE much greater power in the bar credentialing process. These states do, however, administer the MBE as the first day of the bar examination in their respective states. Therefore, the MBE is the official bar examination for the first day of testing for all state bar examinations except Louisiana.
Our test-preparation program is designed primarily to prepare you for the MBE, which is a standardized, multiple-choice examination that is administered on a single day of the bar examination in all states (except Louisiana) and Washington, D.C., as well as in Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and the Republic of Palau. Louisiana does not administer the MBE because it follows a civil law system very different from the law in other states. The MBE is also not administered in Puerto Rico, which, like Louisiana, has a civil law system. The MBE is given twice a year: on the last Wednesday of July in all jurisdictions that require that examination, and on the last Wednesday of February in the same jurisdictions, except for Delaware and North Dakota. Double-check with your state organizations to assure that you have the latest information on dates and places of administration of the official tests.
The 200 MBE questions test seven subjects based upon principles of common law and Article 2 of the Uniform Commercial Code (covering sales of goods) that apply throughout the United States. The seven subjects are: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts. The questions are not broken down into sections and the topics are distributed more or less evenly throughout the course of the exam. Exam-takers generally receive three hours during the morning session to complete the first 100 questions, and another three hours during the afternoon session to complete the second 100 questions.
Taking the MBE in one jurisdiction may allow an applicant to use his or her MBE score to waive into another jurisdiction or to use the MBE score with another state’s bar examination. You must pass the MBE if you are seeking a license in any state except Louisiana or in the territories listed above.
In each state or territory of the United States, a committee or board of bar examiners regulates the issuance of licenses to practice law. The committee or board of bar examiners administers a two-day bar examination to each license applicant. The substance of the testing and the qualifications for admission differ from state to state. (You must obtain all the necessary application forms for licensure and bar admission, which should include some general bar exam information for your state, as well as an explanation of the state’s requirements and qualifications, directly from your state board of law examiners or bar association.) The bar exam results are usually posted online by the state authority for thirty days after the date their release is ordered. The tentative date of their release (including the MBE score) is announced at the bar examination. The results are listed by each applicant’s anonymous Bar Applicant File Number.
The Bar Exam is a two-day examination: the Multistate Bar Examination (MBE) is administered on the first day, while state-specific questions plus the Multistate Performance Test (MPT) are given on the second day.
The bar examination is often a three-part process: the MBE, state-specific questions, and the MPT. The MPT consists of two 90-minute items. Not every jurisdiction requires the MPT.
The MBE instructions tell you to apply fundamental legal principles that are typically accepted in that area of the law. The questions are set up to test your ability to select the best answer from several possibilities. Thus, the MBE tests your knowledge and ability to apply the broad legal principles of our body of jurisprudence to legal issues. The ability to take a legal issue that arises in a factual context and apply the relevant legal concepts is basic to an attorney’s legal reasoning skills. The MBE questions evaluate and test your ability to think like a lawyer and conduct legal problem-solving in a focused manner.
During the second day of the bar examination, states and territories administer other questions that are usually more specific to each state’s laws. These questions include a substantial number of essay questions that are based on hypothetical situations. You will be asked to resolve the issues raised in each hypothetical situation by supplying an answer in the form of an essay. This legal problem-solving process is what attorneys do on a daily basis. The purpose of these questions is to test your practical understanding of how the law works and how it may be applied to a client’s problem or situation to arrive at a resolution. Some states require standardized essay questions and other standardized test questions on the second day of the bar examination. The standardized testing is prepared by the National Conference of Bar Examiners, the same organization that supplies the multiple-choice questions for the MBE.
Always Check With The State Bar Examiners And With The NCBE To Determine The Details And Information That You Need At Any Particular Time.

1.3 THE BAR PREP HERO PROGRAM

We use the services of several lawyers and legal writers to construct our tests. Test designers with a variety of academic experience are also used as consultants in the drafting of our examinations. Our authors therefore bring a combined wealth of relevant experience in both legal and academic writing. They have experience in the practice of law, teaching law, and writing and designing home study law and paralegal educational programs. Our consultants are experienced in the testing procedures developed in law and other academic areas. They have also studied the specific questions and answers previously used in the MBE with the intention of providing comparable exercises to bring you as close to the real thing as possible! There is no way to predict what the actual questions will be, but it is possible to experience the general tenor and format that those questions will likely follow.

Bar Prep Hero has for many years engaged in practice tests with groups of test-takers. These law student subjects provide excellent feedback regarding the test materials that they were provided. In this “hands on” kind of way, Bar Prep Hero has kept its material current, up-to-date and relevant to the subjects treated. We are always developing new programs to increase the effectiveness of our testing techniques for the student’s success.

(A) Specific Characteristics Of The Bar Prep Hero Program

Through our practice tests and other feedback procedures, our writers keep improving the quality of our MBE preparation tests by reviewing every case of user feedback we receive (usually submitted to us via the ‘Found a mistake?’ link at the bottom of every set of answer options).
We have a data base of thousands of effective and relevant multiple-choice questions and answers for your use during our series of tests. When you start a new test, the system automatically shuffles the order of the questions AND answers, so that repetitive instances are nearly eliminated.
Our questions come with hints and with explanatory sections that take you through the question and answers so that you will understand how the correct answer applies. If you get a test question wrong, this material is immediately accessible to elucidate and explain the answer, with reference to actual case law and statutory provisions that are relevant. There’s also a Review Mode which allows question-by-question review of all questions and answers. And, your wrong answers are kept in a separate section (“Challenge Bank“) that you can return to for a review of the questions that you got wrong, including with study material to show you the correct answer.
The reference to case citations and relevant state and federal statutes in the section where we explain the correct answer and how to arrive at it, is an innovative technique developed by Bar Prep Hero to improve your learning experience. We encourage you to look up the citations and other primary authority, i.e., cases and statutes, to see how the problems and resolutions are related to real life. This gives the student a touch of knowing how the lawyer relates to the problem-solving process and the vital activity of legal analysis. This kind of assistance can improve the learning process and assist the student in understanding the process of legal analysis that uses principles of law and applies them to factual conflicts to resolve the legal issue presented. Truth be told, this is the strongest way to prepare for any examination, i.e., by understanding the broad underlying principles first, and then delving into the practical mechanics of how they apply to real-life problem-solving. Learning the process of legal analysis is far more important than trying to memorize detailed facts. In the law, there are millions of detailed facts that could be memorized but knowing the broad legal doctrines and their practical applications will help you to begin to “think like a lawyer,” which is the goal of most excellent law school universities.
When you have tried the free tests, consider signing up for our premium service and get more deeply into the preparation process. Our premium program provides far more in-depth testing and legal analysis to help you prepare for the official examination. The description and prices of the premium programs will always be found on our BarPrepHero.com website.
All tests can be accessed using a smartphone or tablet.
Our innovative programs are always being improved and reformulated to take advantage of all of the available technology whenever such improvements are practical and appropriate to improving your testing success.

(B) Some Additional Benefits Of The BarPrepHero.com Program.

We try to give you the closest examples of real bar examination test questions and answers; no one can know what will appear on the actual examination, but these exercises will give you practice in knowing how to approach the questions and answers on the MBE regardless of the similarity of the content.

Our writers construct original questions and answers using the same format as the authentic Multistate Bar Examination questions and answers that have appeared on past exams. Some of the questions and answers are based on real cases that are reported and published in the official court reporters, including in some instances on actual U.S. Supreme Court cases. This provides a coordinated learning process in which the student may access and read the actual reported case and see how the issues were resolved by the courts. This expands the student’s knowledge base and reasoning skills. We always base the issues and answers on general principles of law that are recognized as applicable to solve similar fact problems.

Our practice tests contain unique factual hypotheticals that will help you prepare for the MBE. Just like the questions on the actual Multistate Bar Examination, each practice question is multiple choice with four possible answers. Each BPH question also comes with a hint that you can view if you’re not sure of the correct answer. If you make a mistake, an explanation of the correct answer will be shown to you immediately.

We provide you with a series of exams so that you will get a wide exposure to the question and answer process of the MBE. We provide the student with a detailed explanation in support of the correct answer, including updated citations to applicable statutory and case law.

Most US law schools teach the basics of each course offering, usually with reliance on common law principles. They do not prepare students to take the bar examination. Just a few law schools offer bar review courses or bar preparation programs. Bar Prep Hero is a study aid with sample examinations that are designed to resemble as closely as possible the types of questions that we expect will appear in the MBE. Because of our structured and inter-connected learning process, law students taking our bar preparation program have reported success in in better understanding the MBE questions, the answers, and the process of legal reasoning.

The Challenge Bank. We provide you with a data base of missed questions. This is a place where all your missed questions live. Every time you make a mistake in any other MBE prep test on our website, that question will appear in your Challenge Bank. This is your very own remediation room, another chance to retake those tricky questions and learn from your own mistakes.

1.4 SIGNATURES, ELECTRONIC NOTICES, OTHER CONSENTS

(A) Digital Signature. By registering for a Premium account on our Website, or by using any of the free tests, you are deemed to have executed this Agreement, the Privacy Policy and other related materials that may be referenced, effective on the date you register your Premium Account or start the first free test, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration or starting your first practice test (whichever happens first) constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms and Conditions, and any amendments.

(B) Consent To Use and Receive Electronic Records and Notices. You may at times be entitled to receive certain records or notices from BarPrepHero.com, such as amendments to these Terms and Conditions, changes in our Privacy Policy, notifications, communications, and the like. To facilitate your use of our Website and services, you give us permission to provide these records to you electronically by email or on the Website instead of in paper form.

We do reserve the right, in our sole discretion, to communicate with you via the U.S. Postal Service and other third-party mail services using the address under which your account is registered. At the same time, your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent, however, we will revoke your access to the Site and the Site Services, and you will no longer be permitted to use the Site or the Site Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. You may relinquish your right to receive a refund in the event that you choose to withdraw your consent. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.

(C) Password Security. When you complete the registration process, you will choose or receive a password that will allow you to access our website and services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

(D) Keeping Your Address And Email Address Current. In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support.

(E) Duty to Provide Factual, Current and Truthful Information. You, the Client, hereby acknowledge, understand and agree that you will furnish factual, correct, current and complete information regarding yourself and other requested information. You agree to maintain and promptly update your registration, profile, and other requested information so that it is accurate, complete and updated. If anyone knowingly provides false, untrue, deceptive, inaccurate or incomplete information, BarPrepHero.com has the right in its discretion to suspend or terminate the violating User/Client, and to refuse all current or future use of our services, or any portion thereof, including the processing or completion of any pending transactions and the forfeiture of payments made.

1.5 UNDER 18 REQUIRES ADULT PERMISSION.

(A) The “Family” Account. You agree that by accessing or using the service, you, the Customer, hereby verifies and agrees that you are lawfully able to enter contracts and are at least 18 years of age. If you are under the age of 18 and choose to purchase a Premium account, you must also have an adult parent or guardian agree to the establishment of an account and the parent or guardian must provide their valid credit card or other bank information acceptable to BarPrepHero.com for payment of all fees of the program(s) selected. The adult parent or guardian must confirm to BarPrepHero.com that he/she/they are aware of the applicant’s enrollment in the program and that they give permission for same, along with acknowledging their responsibility to pay, according to our normal protocol, any fees that are incurred by the minor.

(B) COPPA COMPLIANT. These procedures and policies are designed to be fully compliant with federal mandates embodied in the Children’s Online Privacy Protection Act (“COPPA”), which provides children and their parents or guardians with meaningful protection of their privacy rights. In that connection, we do not collect information from or accept any form of account relating to any minor 13 years of age or younger.

2.0 LIMITED USE LICENSE

BarPrepHero.com grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. We hereby grant you permission to temporarily download one copy of the materials (information or software) on BarPrepHero’s website, including with respect to our mobile apps; permission is given for personal, educational and non-commercial viewing only.
This is the grant of a license, not a transfer of title, and this grant can be and will be terminated by us in the event that you or any third persons or entities do any of the following:
1. Modify, display, post, reproduce, distribute or copy the materials;
2. use any of the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile, adapt, translate, take source code, interfere with the operation of, or reverse engineer any software contained on the BarPrepHero.com Website;
4. remove any copyright or other proprietary notations from the materials or otherwise interfere in any way with any of our intellectual property rights;
5. transfer the materials to another person or “mirror” the materials on any other server; or
6. Attempt to build a similar service or application by reference to our proprietary programs, textual content and test materials;
7. Conduct or Publish any performance, or benchmark test or analysis relating to the Website or the services;
8. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
9. Collect or store personal data about other users or viewers without their consent;
10. Use or attempt to use another’s account or impersonate any person or entity or misrepresent their affiliation with anyone;
11. Create a false identity or misrepresent your identity;
12. Scrape or copy profiles or identifying information of others through any means or technology;
13. Use or distribute any material, data or programs that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data;
14. Interfere with or disrupt the BarPrepHero.com website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
15. Use the information and data found on our website in any manner that is a violation of the criminal laws of any state or federal authorities.
This Agreement will automatically terminate if you violate any of the foregoing restrictions and may be terminated by BarPrepHero.com at any time in our sole discretion without further notice to you. We may terminate your account for other reasons at our sole. Upon such termination, you agree to destroy any downloaded materials in your possession whether in electronic or printed format.
Where the violation is egregious and results in damage to our resources or affects the facilities or operational functionality for any period of time, or where it appears to violate any law or regulation, we may report the attack to the authorities for prosecution and will take legal action as may be appropriate under the circumstances. We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law 0investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
You may not use your account or the web content or testing materials on BarPrepHero.com for any kind of business or commercial use or for any purpose other than preparing for the bar examination. If you have an educational program that necessitates test preparation for several students at one time, you may establish a business account by contacting our customer service help center. Each account (free or Premium) is for individual use only and under no circumstances may you share or make available your account materials to multiple users unless the additional services are duly purchased through BarPrepHero.com. If the account content is accessed more times than an individual average user then com reserves the right to block the account from future use.
This Agreement does not create any kind of agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us.

2.1 LINKS.

The Bar Prep Hero website may contain links to third-party websites. The website may also contain applications that allow you to access third-party websites. Such third-party websites are owned and operated by the third parties and/or their licensors. Your access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. You acknowledge and agree that Bar Prep Hero is not responsible or liable for: (a) the availability or accuracy of third-party websites; or (b) the content, advertising, or products on or available from third-party websites. You are responsible for deciding if you want to access third-party websites by clicking on a link or installing an application. The inclusion of any link or application on our website does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website via the Bar Prep Hero website is on an “as is” and “as available” basis without any warranty for any purpose.

2.2 AMENDMENTS

We may amend this Agreement at any time without specific notice to you, except that amendments will be posted on the website and, if applicable, on this page. If we decide in our sole discretion that the notice of amendment should be sent to your email address, then we may choose that method of delivery in addition to website posting. If you continue to use the services after an amendment is published on the Website, that is confirmation by you of your acceptance of the amendment(s) or changes. The latest Agreement, with all changes or modifications, will always be accessible on our Website, and for that reason, your continued use of the site is evidence of your acceptance of any updates, revisions, amendments, changes, deletions, additions or modifications to this Agreement. Therefore, you acknowledge that it is important for you to visit the BarPrepHero.com website and this page periodically to review the Agreement for changes.

2.3 DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

Our Website will respond quickly to claims of copyright infringement purportedly found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA), pursuant to United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information: 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2) A description of the copyrighted work that you claim has been infringed; 3) A description of where the material that you claim is infringing is located on our Website; 4) Your address, telephone number, and email address; 5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us. You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material that you are using is protected by copyright laws, we suggest that you first contact an attorney.

2.4 OUR INTELLECTUAL PROPERTY

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of BarPrepHero.com. You hereby verify that you understand that usurpation of our intellectual property or copyrighted material in any manner or form will be followed by legal action to restore our rights and collect damages to the full extent of the law.

2.5 OUR CONTENT

Our content in our website and services is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such content is prohibited. Your use of our website and services does not grant you any ownership or other rights to our content, trademarks, logos, or other intellectual property. You hereby verify that you understand that usurpation of our intellectual property or copyrighted material in any manner or form will be followed by legal action to restore our rights and collect damages to the full extent of the law.

Certain publicly disclosed questions and answers from past MBE examinations have been included herein with the permission of NCBE, the copyright owner. These questions and answers are the only actual MBE questions and answers (as may have been modified with NCBE’s permission) included in BarPrepHero’s materials. Some of the publicly disclosed MBE questions that have been included herein come from an NCBE publication known as “Multistate Bar Examination Questions 1992.” NCBE believes that many of these questions may no longer be representative of the MBE’s content. Permission to use NCBE’s questions does not constitute an endorsement by NCBE or otherwise signify that NCBE has reviewed or approved any aspect of these materials or the company or individuals who distribute these materials.

2.6 SITE UPDATES

We may from time to time in our sole discretion develop and provide Site Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we do not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You will promptly download and install all Updates and acknowledge and agree that Site Services or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to the terms of the Terms of Service, unless otherwise provided in terms associated with such Update. BarPrepHero.com reserves the right, at any time, to modify, suspend, or discontinue Site Services or any part thereof without notice. You agree that BarPrepHero.com will not be liable to you or any third party for any modification, suspension, or discontinuance of Site Services or any part thereof.

3.0 PREMIUM SERVICES

(A) Increase Your Chances With Premium. We provide a basic service that you can use for free. This provides a limited number of testing resources. BarPrepHero.com also provides several membership and subscription options that we refer to collectively as “Premium.” These enhancements include additional practice tests, content and/or upgraded functionality. They are more specifically described on our website. Your prospects for passing the bar examination are enhanced with the premium program. The Fees are subject to different membership plans, gift plans and promotions, and the fees and plans may be modified, increased or changed at any time without advance notice. You can always access the latest updated information on our Website. Website users who want to add mobile or tablet access may have to pay extra, depending on which premium plan you have selected. This may be updated by contacting our customer help desk. PDF e-books are sometimes offered and may be available for download as electronic files only. BarPrepHero.com does not provide paper copies.

(B) Prices and Payment Method. All prices appearing on our Website are subject to change without notice. When you open a Premium Account, you authorize BarPrepHero.com to charge the payment method you submitted for all charges that you generate by our services. This may be done on a one-lump-sum prepayment or it may be done as a monthly or other periodic subscription depending on the premium plan that you have selected. Again, you may get all of the details and make an informed decision by reviewing the materials on the BarPrepHero.com Website.

3.1 REFUND/CANCELLATION POLICY/PASS GUARANTEE

(A) No-Refund Policy: BarPrepHero.com also has a no-refund policy generally for all accounts. You hereby acknowledge and agree that generally we have a no-refund policy. Like most website businesses, we do not grant refunds because the economic cost of opening, establishing, processing and maintaining a customer’s account is formidable. Therefore, we issue refunds only in rare, meritorious cases. We sometimes issue a refund where a technical problem has arisen in the delivery or quality of the product or service to the customer. However, you must contact us first and attempt to resolve the obstacle first. If the problem could have been easily resolved and you do not timely contact us about it, then we will not consider a refund. Some types of issues that may arise are:

Non-delivery of the product: due to some mailing issues of your e-mail provider or mail server, or some technical glitch on our side, you might not receive a delivery email from us. In this case, contacting us for assistance will usually resolve the problem.
Major defects: although all the PDF products are thoroughly tested before release, unexpected errors may occur. Such issues must be reported directly to our technical support department, which usually will result in a resolution, correction and/or re-issuance of the product in most instances.
Product not-as-described: such issues must be reported to our technical support within 14 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the product description page.

(B) Our Pass Guarantee Program According to our Pass Guarantee program, we’ll grant the customer a partial refund (Premium program fees minus the NCBE licensing fee of $130) if they are eligible for the Pass Guarantee program. To be eligible, the customer must have successfully completed all practice tests on BarPrepHero before attempting the bar exam.
You understand and agree that our products and services are sold in “as is” condition and we do not guarantee the quality of them. We also cannot guarantee any result that you may obtain on the selected bar examination nor can we give you the questions or any of the material in advance, except outlined in our Pass Guarantee program. We cannot tell you in advance whether you will pass or fail. You hereby recognize and agree that the results or outcome obtained by you in taking the official bar examination of the NCBE at any time or place is strictly a result of many factors that may have occurred and is not in any appreciable way a result of the quality of the Bar Prep Hero program. Your success or lack thereof in the Bar Prep Hero program is not connected to the outcome you obtain on the official bar examination. You acknowledge and agree that our educational testing program cannot be held liable for any negative outcomes regarding the bar examination, nor can we provide a refund if you do not pass the bar examination.

In addition, complaints which are based merely on the customer’s false expectations or wishes are not honored for a refund or any other purpose or request. There is no obligation to provide a refund or credit in the following types of situations:

You changed your mind about the service;
You bought the service by mistake;
You do not have sufficient expertise to use the service.
You need return of your money for some other purpose.
You have been told that some other service is better and you want to switch.

Once a request for refund is received, we will review it. If we in our sole and exclusive discretion believe that a refund, either partial or total, is warranted, we will issue the amount that we determine within 14 business days. Once the refund is issued, the customer’s Premium account will be downgraded to a free account. This Refund Policy is provided through our website in open access. Please note that when purchasing a product through our website you, as a customer, are considered to be aware of our Refund Policy statements. We determine the amount of any refund that is granted; we do this in our sole and exclusive discretion and absolute judgment; a refund may be for a partial amount that does cover more than a small percentage of your total cost; you understand and agree that refunds and the amount of them is a discretionary process and our judgment to issue or not issue a refund is ours alone and is determinative with respect to our agreement hereunder.

(C) Cancellation policy. Customers may cancel their Premium membership and/or subscription at any time by emailing: info@barprephero.com and providing their membership name and e-mail address. If a refund is requested, include your reason for the request. If you cancel your subscription plan after you have paid your current month’s payment, no refund is provided. No refunds are provided for our withdrawal of payments from your automatic renewal program, and as stated below, it is up to you to take steps to stop the automatic payments from recurring. You can do this within our Website. In order to prevent the next upcoming automatic renewal withdrawal, you must inform us of the cancellation within 5 days prior to your subscription renewal date and at the same time you must take the steps to disengage the auto renewal function by going onto our Website and following instructions. Therefore, in order to assure that you are not charged by auto renewal during a transitionary period, you must act prior to the funds being withdrawn by the automatic renewal process. Once the funds are withdrawn, a request for a refund is invalid and not honored.

(D) Cessation of Services Upon Cancellation or Failure to Pay. We will cease to provide services on your subscription renewal date if you have either notified us of a cancelation prior to that date or if you fail to provide pre-payment for the renewal of the next 30-day period of service, or if you withdraw the authorized pre-payment from your payor for the subs.

(E) Automatic Renewal of Premium Account. If the automatically renewed subscription plan is purchased, it is the customer’s responsibility to disable the auto-renewal in their account dashboard once the Premium services are no longer needed. At the discretion of BarPrepHero.com, we may be unable to provide a full or partial refund in the event that you are charged by our automatic renewal function for services not used.

3.2 CHARGEBACKS

AS STATED, WE HAVE A NO REFUND, NO CHARGEBACK POLICY. Although partial or total refunds may be paid at Bar Prep Hero’s discretion under very limited circumstances, the rule in most instances is that we do not issue refunds and we prohibit and may penalize your use of chargeback procedures with your payment service. If you have an issue with a charge or payment to us, you hereby agree to contact us first for clarification of the charge before you contact your credit card company to request a dispute or reversal of the charge. Therefore, if you want to use the service, you hereby agree that chargebacks are not to be used under any circumstances. You shall not make any chargebacks and/or deny or reverse any payment made by you regarding a bill owed to BarPrepHero.com, any loss or damage that we incur because of any such action by you or your financial institution or representative, including reimbursement to us of reasonable attorney’s fees and costs incurred in collecting the amount owed. In any event, you promise to pay promptly all your debts to Bar Prep Hero, and you agree that we shall have all rights of collection stated herein. You understand and acknowledge that the use of chargeback procedures could result in your preclusion from using our free services as well as our premium programs.

4.0 RESOLUTION OF CONFLICTS PROCEDURE

Bar Prep Hero is committed to providing a great service to our customers. We therefore expect to resolve any issues between us in a mutually satisfactory manner. Most disputes or disagreements are minor, and they are resolved in-house between us on an informal basis. When you have an issue, you may communicate directly with a representative of the company. If the initial contact does not resolve your issue, then put it in writing and send to our customer support department. We will review again and respond within 48 hours. We will continue to discuss the issue if we are still at an impasse. This will be a process of mediation where we will try to find an acceptable ground for both sides of the issue. If there is no possibility of a resolution, you will have the option of bringing a civil action in a court of applicable jurisdiction and venue, with the limitation of the damages cap listed below.

4.1 REFUSAL OF SERVICE

We reserve the right to refuse service or to cease service without notice to any individual or business entity at any time, when, in our sole discretion, we believe that the Client has not cooperated in living up to its obligation to pay us for our services as provided in these Terms and Conditions and on the Bar Prep Hero website. At any time that we may agree to resume a service agreement after cessation of same for any reason, there will be a $50.00 reconnection/resumption of services fee. The Client hereby agrees that in such circumstances, it grants Bar Prep Hero the full authority to charge and obtain payment of that resumption of services fee, and the normal monthly fees agreed by the parties, through the payment method or any of the methods previously provided to Bar Prep Hero for the collection of services fees.

5.0 DISCLAIMERS – NO WARRANTIES AND NO LIABILITY FOR LOSSES

Although there are limitations to our liability, your satisfaction is very important to us. We encourage you to contact us at any time that you feel that our services are not in accordance with our mutual agreement. We hope to avoid conflicts by having our courteous, proactive administrative staff assist you every step of the way and try to accommodate your expressed needs within reasonable standards accepted in the industry. However, you, the Client, affirm that you understand and agree that the intensity of competition online is great, and we must limit our potential liability to the maximum degree allowed by law. Therefore, you agree to the following limitations, and if you do not, you will cease the registration process and exit the site. Your continued use of the site indicates your voluntary understanding and agreement to the following limitations, waivers, disclaimers, hold harmless provisions and to other such provisions contained elsewhere in the Terms and Conditions.

PLEASE READ AND UNDERSTAND OUR LIMITS OF LIABILITY BEFORE USING SERVICES. OUR RIGHTS TO SUE OR MAKE CLAIMS ARE RESTRICTED AS SET FORTH IN SEVERAL PROVISIONS BELOW.

NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY SO THAT SOME OF THESE EXCLUSIONS MAY NOT BE ENFORCEABLE BY US.

YOU, THE CLIENT/CUSTOMER, DO UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE SERVICES OFFERED BY BARPREPHERO.COM ARE PROVIDED IN “AS IS” CONDITION, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR FOR VIOLATION OF ANY PERSONAL OR PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT BARPREPHERO.COM HAS MADE NO REPRESENTATION OR WARRANTY NOR SHOULD YOU REASONABLY EXPECT OR BELIEVE THAT THESE SERVICES WILL IN ALL INSTANCES OBTAIN THE OUTCOME THAT YOU WANT, OR THAT THEY WILL BE EFFECTIVE, PROBABLE, RELIABLE, SECURE, TIMELY, VALID, ERROR-FREE, UNHARMFUL OR WITHOUT DEFECT OF ANY KIND. BARPREPHERO.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE TESTS OR OTHER LEARNING TECHNIQUES PROVIDED ON THE WEBSITE WILL FULLY OR COMPLETELY SATISFY YOUR PARTICULAR NEEDS OR REQUIREMENTS FOR PREPARATION AND LEARNING OF THE MATERIAL, NOR THAT OPERATION OF ITS WEBPAGES, GIVEN THE SOMETIMES INSECURE ASPECTS OF THE INTERNET, WILL BE UNINTERRUPTED, FREE OF CORRUPTION, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSIONS. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THERE WILL NOT BE ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA.

YOU, THE CLIENT/CUSTOMER, DO VERIFY THAT YOU UNDERSTAND AND ACKNOWLEDGE THAT EACH PERSON HAS DIFFERENT LEARNING CAPACITIES AND ABILITIES OR DETRIMENTS, ALL OF WHICH WILL GO INTO MAKING THE RESULTS OF THE TESTING PROCESS DEPEND ON THOSE VARIABLES AND OTHER VARIABLES SUCH AS THE AMOUNT OF SLEEP AND PHYSICAL OR MENTAL CONDITION OF THE STUDENT ON THE DAY OF THE TEST. YOU EXPRESSLY AND VOLUNTARILY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE FUNCTIONS AND LEARNING TOOLS CONTAINED IN THE BARPREPHERO.COM WEBSITE IS AT YOUR SOLE PERSONAL RISK. YOU AGREE THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY UNWANTED OR UNSUCCESSFUL TESTING RESULTS WITH RESPECT TO ANY OF THE PROGRAMS ACCESSED OR PRACTICED OR STUDIED ON THEBARPREPHERO.COM WEBSITE ARE NOT GUARANTEED OR WARRANTED AND YOU HEREBY ASSUME THE ENTIRE RISK RELATING IN ANY WAY TO THE QUALITY, PERFORMANCE, FUNCTIONING, ACCURACY, AND CONTENT OF THE SITE OR ANY PART OF IT. TO SUM IT UP, THE PARTIES RECOGNIZE AND AGREE THAT, WHILE THE PROGRAMS ON THE WEBSITE ARE EXCELLENT LEARNING TOOLS, NO ONE CAN GUARANTEE A SUCCESSFUL RESULT.

YOU, THE CLIENT/CUSTOMER, DO EXPLICITLY AND VOLUNTARILY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BARPREPHERO.COM AND ITS AFFILIATES, LICENSORS, SUBSIDIARIES, OFFICERS, EMPLOYEES, OWNERS, AGENTS, SUCCESSORS OR ASSIGNS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES, FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, INDIRECT, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR EXEMPLARY DAMAGES, ARISING OUT OF THE PURCHASE AND IMPLEMENTATION OF ANY OF THE DRIVER’S LICENSE OR PERMIT LEARNING PROGRAMS OFFERED BY US. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR LOSSES INCURRED BY YOU OR ANY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROPERTY, PROFITS, LOST SAVINGS, LOST INCOME, DISRUPTION OF DOMESTIC TRANQUILITY, PERSONAL PSYCHOLOGICAL TRAUMA OR MENTAL ILLNESSES, PAIN AND SUFFERING, LOSS OF LIFE’S PLEASURES, PHYSICAL HARM TO HEALTH OR HARM TO THE HEALTH OR PHYSICAL WELLNESS OF THIRD PARTIES, LOSS OF EARNING CAPACITY, LOSS OF GOODWILL, BUSINESS INTERRUPTION, REPLACEMENT COSTS, LOSS OF USE, LOSS OF DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH BARPREPHERO.COM OR A BARPREPHERO.COM AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THE DAMAGES RESULT FROM OUR OWN NEGLIGENCE.

5.1 LIMITS OF LIABILITY FOR CLAIMS DEEMED VALID BY US OR BY A COURT

WHERE A CLAIM IS MADE FOR DAMAGES, YOU, THE CLIENT/CUSTOMER, HEREBY AGREE THAT THE AGGREGATE LIABILITY DUE YOU OR ANYONE UNDER ANY CIRCUMSTANCES UNDER THIS AGREEMENT WILL BE LIMITED TO A MAXIMUM AMOUNT THAT YOU, THE CLIENT/CUSTOMER, HAVE ACTUALLY PAID US UNDER THIS AGREEMENT FOR THE SERVICE(S) OR PRODUCT(S) THAT GAVE RISE TO THE CLAIM DURING THE 6 MONTHS PRECEDING THE CLAIM, OR FOR THE AMOUNT ADJUDGED TO BE DUE BY AN AUTHORIZED FACTFINDER, WHICHEVER IS THE LESSER SUM.

5.2 FORCE MAJEURE.

YOU, THE CUSTOMER/CLIENT, HEREBY AGREE THAT BARPREPHERO.COM, ITS EMPLOYEES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, REPRESENTATIVES, SHAREHOLDERS, SUCCESSORS AND ASSIGNS, ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT WHERE THE DELAY OR FAILURE RESULTS FROM ANY CAUSE BEYOND THE COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD; LABOR DISPUTES OR OTHER INDUSTRIAL DISTURBANCES; SYSTEMIC ELECTRICAL, TELECOMMUNICATIONS, OR OTHER UTILITY FAILURES; EARTHQUAKE, STORMS OR OTHER ELEMENTS OF NATURE; BLOCKAGES, EMBARGOES, RIOTS, ACTS OR ORDERS OF GOVERNMENT; ACTS OF TERRORISM OR WAR; AND/OR INTERNET SERVICE PROVIDER FAILURE OR DELAY, OR FAILURE OF SERVICE DUE TO ATTACK BY HACKERS. CUSTOMER/CLIENT AGREES AND YOU DO HEREBY WAIVE, RELEASE AND REMISE ANY CLAIMS OR ACTIONS WHATSOEVER, FOR ALL TIME, ARISING OUT OF SUCH CAUSES, AND YOU HEREBY AFFIRM THAT YOU WILL PROTECT, INDEMNIFY AND HOLD BARPREPHERO.COM HARMLESS FOR ANY CLAIMS RESULTING FROM OR CONNECTED WITH ALL SUCH EVENTS AND INTERRUPTIONS.

5.3 INDEMNIFICATION

You will indemnify, defend, and hold harmless Bar Prep Hero, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to any use of our website or the (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.

5.4 CLASS ACTION WAIVER

The Customer hereby affirms and agrees that he or she will only resolve disputes with BarPrepHero.com pursuant to the dispute resolution provisions stated in this agreement, and that the Customer may not bring or join a claim as a plaintiff or a class member in a class, consolidated, or representative action. The Customer understands and agrees that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited by this agreement.

6.0 ADMINISTRATIVE PROVISIONS

The following provisions are entered into mutually by You and BarPrepHero.com to cover various Administrative issues that may arise in the performance or termination of an Agreement.

6.1 NO THIRD-PARTY BENEFICIARIES.

This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

6.2 ASSIGNMENT.

You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without the prior written consent of BarPrepHero.com. Any assignment or transfer in violation of this section will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective heirs, successors and assigns.

6.3 NO WAIVERS.

The failure by BarPrepHero.com to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision later. All waivers by us must be in writing to be effective.

6.4 SEVERABILITY.

If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be severed from this agreement and the rest of the Agreement shall remain in full force and effect; excepting that, the stricken provision shall, to the maximum extent permissible by law, be interpreted to affect the intent of this agreement according to the expressions in the remaining enforceable provisions herein.

6.5 GOVERNING LAW; VENUE.

The laws of Florida, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. Any dispute relating in any way to the Service, Products or this Agreement will be adjudicated in any state or federal court in Florida or elsewhere depending on jurisdictional considerations. You consent to exclusive jurisdiction and venue in those courts or any other court selected by Bar Prep Hero. You agree that we may seek injunctive or other relief in any state or federal court of competent jurisdiction for any actual or alleged infringement of our or our affiliates, or any third party’s intellectual property or other proprietary rights.

6.6 ENTIRE AGREEMENT.

This Agreement is the entire agreement between you and us regarding the Services or Products that you purchase or will purchase. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. If the terms of this document are inconsistent with the terms contained in any information or materials appearing elsewhere, such as on the website or in a mobile app that we may distribute for the use of our customers, the terms contained in this document will control.

6.7 CONTACT US FOR INFORMATION OR ASSISTANCE:

We are:

Elegant E-Learning, Inc.
d/b/a BarPrepHero.com
4283 Express Lane, Suite 392-536
Sarasota, FL 34249
1-888-392-2170

For best response, direct your comments or questions to us via

info@BarPrepHero.com

These Terms and Conditions were last fully updated on June 30, 2019.