Terms of Use
TERMS OF USE
Please carefully read these website Terms of Use (“TOU”). This TOU is a legally binding agreement between you (“you” or “your”) and Stiletto Mafia Productions LLC, a California limited liability company dba T School, together with any subsidiaries and affiliates, (“T School,” “we,” or “us”) for the T School bar prep course available through the TSchool.law website (the “Website”) and any associated information, including but not limited to, content, products, components, media, user manuals or guides, educational materials, website, and services (collectively, “T School Course”). By using the T School Course, you agree to be bound by the terms of this TOU. If you do not agree to the terms of this TOU, you are prohibited from using the T School Course.
BY CONTINUING TO USE THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT IIN ANY WAY ACCESS OR USE THIS WEBSITE.
- Electronic Signature and Delivery
This TOU and the T School Course include important disclosures and information regarding the T School Course. When you continue to use this website, you confirm your understanding and acceptance of this TOU and its terms and conditions.
- Changes to the TOU
T School reserves the right to change or modify this TOU or any additional terms at its sole discretion at any time. If you do not agree to the modified terms of the TOU for the T School Course, you should discontinue your use of the T School Course. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated TOU. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS TOU, ANY CHANGES TO THIS TOU WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this TOU will not apply retroactively to events that occurred prior to such changes. Your continued use of the T School Course will constitute your agreement to any new provisions within the revised TOU.
III. Your License to Access and Use this Site
Pursuant to the terms and conditions of this TOU and the Privacy Policy, T School grants you a limited, revocable, non-exclusive, non-transferable license to use the T School Course as an individual user. This license is restricted to your personal use of the T School Course as a T School account holder or visitor for the limited purposes described in any of the T School Course documentation and on the TSchool.law website. You are acquiring no other right to use artwork, designs, trade secrets, trade names, copyrighted materials, trademarks, or service marks of T School or its affiliates or agents. By using the website, you represent and warrant that you are 18 years of age or older. You also warrant that you are using the T School Course to prepare for a bar exam, MPRE, or law school exam, and not at the direction of or for the benefit of a competitor.
- Restrictions on Use
Do not misuse the T School Course or any of the content provided on the T School Course or any part of the Website. You may not interfere with the presentation or delivery of the content on the T School Course or any part of Website or try to access the T School Course using any method other than the interface and the instructions that we provide.
You shall not: (a) use, copy, merge, or make derivative works of the website or the T School Course, except as specifically authorized in this TOU; (b) rent, lease, sublicense, distribute, transfer, copy, modify, or timeshare the T School Course or any of your rights under this TOU, except as expressly authorized in this TOU; (c) provide unauthorized third parties with access to or use of the T School Course; (d) reverse engineer, disassemble, decompile, or otherwise attempt to access the source code of T School, TSchool.law, or the T School Course except and only to the extent that such activity is expressly permitted by applicable law; (e) use automated scripts to collect information or otherwise interact with the T School Course in an unauthorized manner; (f) impersonate any person, entity, or otherwise misrepresent yourself, your age, or your affiliation with any entity; (g) use the website or the T School Course in any unlawful manner or in any manner that could harm or disable TSchool.law; (h) use the T School Course to upload, post, send, store, or otherwise transmit any content that T School finds objectionable; or (i) use the T School Course after any expiration, termination, or cancellation of this TOU or the license granted herein.
- Registration Information
When you register for access to the T School Course, T School may ask you to provide certain identifying information (“Registration Information”). You agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity; misrepresent any affiliation with another person, entity, or association; use false headers; or otherwise conceal your identity from T School for any purpose. T School agrees to treat with care the information you provide in accordance with T School’s Privacy Policy. For your protection and the protection of T School’s other customers, T School prohibits you from sharing your Registration Information (including passwords and usernames) with any other person for the purpose of facilitating their access and unauthorized use of the T School Course or any part of T School. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur via the T School Course through the use of your Registration Information. You shall be responsible for maintaining adequate security measures to ensure that your password and username are kept confidential. You agree to (a) immediately notify T School of any unauthorized use of your Registration Information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. If your computer is accessible to others, you are responsible for logging out to prevent unauthorized access. T School cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- Posting to Our Website
Your content is your sole responsibility. Under no circumstances will we be liable in any way for your content or for any loss or damage of any kind incurred as a result of the use of any of your content. When allowed by T School, you can post content to the T School Course only if (a) you created and own the rights to the content or you have the owner’s express written permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this TOU or any other posted policies. We have the right, but not the obligation, to remove content for any reason.
Any communications or material of any kind that you e-mail, post, or otherwise transmit on the Website or the T School Course, including data, content, questions, comments, or suggestions will be treated as non-confidential and non-proprietary.
You are responsible for any content you post to the Website and T School Course and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE OR THE T SCHOOL COURSE.
You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments.
Except as otherwise provided in this TOU, you or the owner of any content that you post to our Website or the T School Course retain ownership of all rights, title, and interests in that content. However, by posting content on the Website or the T School Course, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).
When you use a feature of the T School Course that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.
You agree to use the T School Course in accordance with all applicable laws. You agree that you will not use the T School Course for organized partisan political activities. You also agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Website:
- Content that defames, harasses, or threatens others
- Content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
- Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
- Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, or trade secrets
- Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
- Material that contains obscene (i.e., pornographic) language or images
- Advertising, promotional materials, or any form of commercial solicitation
- Content that impersonates or attempts to impersonate another user, person, or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing)
- Content that otherwise harms other users or visitors to the T School Course Content that is otherwise unlawful or that violates any applicable local, state, national or international law
VII. Intellectual Property Ownership
The T School Course is licensed, not sold, to you for use only according to the terms of this TOU, and T School reserves all rights, including without limitation intellectual property rights, not expressly granted to you. T School retains sole and exclusive ownership of all parts of the T School Course and all title and intellectual property rights therein. T School and the T School Course are protected by national and international copyright, trademark, service mark, patent, patent registration, trade secret, know-how, or other proprietary rights and laws, and the unauthorized reproduction or distribution thereof is subject to civil and criminal penalties. To the extent you acquire any right to T School or derivative works or improvements of the T School Course, you hereby assign to the T School all right, title, and interest in and to the T School Course and derivative works and improvements of the T School Course.
Some of the MBE practice questions and answers, MEE questions and answers, and MPT questions and answers (collectively, “Content”) provided in the T School Course and accompanying materials are copyrighted by the National Conference of Bar Examiners (“NCBE”). They have been included with express permission of the copyright owner. You are permitted to view the Content for your personal and non-commercial use only. You are not permitted to copy, modify, reproduce, disclose or distribute any of the Content in whole or in part. Any unauthorized use of the Content is a violation of the NCBE’s rights and could subject you and others who are involved to criminal and civil penalties. Additionally, permission to use the 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.
VIII. Availability of System
You must provide the equipment and internet connections necessary to access the T School Course at your own expense. We do not guarantee that the T School Course will operate with your computer, mobile device, internet service plans, or mobile provider service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or used with your computer.
There may be times when the T School Course is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the T School Course will always be available or is completely free of human or technological errors.
The T School Course may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the T School Course or any information supplied to you via the T School Course, or that files available through the T School Course are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
- Use of Third Party Providers and Links
T School may, at its sole discretion and with or without notice, use third-party service providers to assist in providing the T School Course (each, a “Third-Party Service Provider”). You consent and authorize T School to delegate the authorizations you provide to T School to its Third-Party Service Provider(s) as T School deems necessary or desirable. You agree that all terms and conditions of this TOU inure to the benefit of such Third-Party Service Providers and such Third-Party Service Providers are deemed to be third-party beneficiaries of this TOU. You also agree that all references to “T School” within this TOU and any incorporated terms are also deemed to include, where applicable, T School’s agents, such as the Third-Party Service Providers.
The Website and the T School Course may contain links to other websites, including other T School websites, but also to third-party websites that we do not control. These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and we do not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on the Website or the T School Course do not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, treatments, information, products, or services provided on these websites. This TOU and the Privacy Policy do not apply to these other websites. Be sure to read the user agreements and privacy policies that govern your use of these other websites.
- Termination
You agree that T School, in its sole discretion, may terminate your use of the T School Course or your participation in it thereof, for any reason or no reason, and that T School shall have no liability to you for any such action.
The license granted to you herein will terminate automatically in the event you violate any provision of this TOU. You may terminate or cancel the license granted by discontinuing use of the T School Course and providing T School written notice. In the event of termination for any reason, you shall either delete or destroy any media containing the T School Course or return it to T School. The termination of this TOU does not relieve either party of its rights and obligations that have previously accrued. All matters that (a) expressly survive the termination of this TOU, (b) relate to the termination of this TOU, or (c) in the normal course would not occur or be effectuated until after any such termination, as well as all rights and obligations of the parties pertaining thereto, shall survive any termination and be given full force and effect notwithstanding any termination of this TOU. Otherwise, the license terminates upon the administration of the applicable bar exam, MPRE, or law school exam. Further, T School reserves the right to terminate your access and use of the T School Course with or without notice.
- U.S. Law and No Export
You agree that you will use the T School Course in accordance with all United States laws and are prohibited from transferring or exporting the T School Course, directly or indirectly, outside the United States to any country where doing so is prohibited.
XII. Disclaimer
THE T SCHOOL COURSE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; THAT THE T SCHOOL COURSE FUNCTIONS WILL MEET YOUR REQUIREMENTS; THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE INFORMATION PROVIDED VIA THE T SCHOOL COURSE WILL BE ACCURATE, TIMELY, OR COMPLETE; THAT YOUR REGISTRATION INFORMATION, COMMUNICATIONS, OR OTHER PERSONAL INFORMATION WILL BE SECURE; THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY ADVICE, INSTRUCTIONS, OR RECOMMENDATIONS IN THE T SCHOOL COURSE; OR THAT THE T SCHOOL COURSE WILL BE VIRUS FREE OR OTHERWISE SAFE FOR YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT.
NEITHER T SCHOOL NOR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS PROVIDE ANY GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR STATEMENTS AND CONDUCT OF ANY THIRD PARTIES USING THE T SCHOOL COURSE AND FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE T SCHOOL COURSE.
XIII. Liability Limitation
EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT T SCHOOL WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS TOU OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE T SCHOOL COURSE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE.T SCHOOL COURSE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE.
EXCEPT AS PROHIBITED BY LAW, T SCHOOL WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE T SCHOOL COURSE, DATA LOSS, ANY PURCHASES ON THIS WEBSITE OR THE T SCHOOL COURSE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. T SCHOOL’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE T SCHOOL COURSE WILL NOT EXCEED TWENTY U.S. DOLLARS ($20).
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TOU REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND T SCHOOL, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR T SCHOOL’S ABILITY TO MAKE THE T SCHOOL COURSE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
XIV. Indemnification
You agree to defend, indemnify, and hold T School and its employees, officers, trustees, members, agents, consultants, contractors, and licensors harmless from and against any and all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of the T School Course, including without limitation, your violation of this TOU. Specifically, you agree to indemnify T School with regard to any violations of licensing agreements with Apple®, Android™, or the National Conference of Bar Examiners. T School reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with T School in asserting any available defenses.
- Entire Agreement
This TOU and the Privacy Policy constitute the entire agreement between you and T School. No waiver of any provision of this TOU may be implied from any failure by T School to assert its rights under this TOU on any occasion or series of occasions. No vendor, distributor, dealer, retailer, or other person is authorized to modify this TOU or to make any representation or warranty concerning T School other than those specifically set forth in this TOU.
XVI. Dispute Resolution
You will attempt to resolve any dispute arising out of or relating to the license granted by T School and this TOU or disagreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, you and T School will resolve the dispute using the below alternative dispute resolution (“ADR”) procedure.
Any controversies or disputes arising out of or to the license granted by T School and this TOU will be submitted to mediation in accordance with any statutory rules in mediation in the state of California. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration of the rules of the American Arbitration Association. The arbitrators award will be final, and judgment may be entered upon it by any court having proper jurisdiction in the state of California.
The law of this arbitration clause shall be the laws of the State of California and the laws of the United States.
The seat of arbitration shall be California, United States.
Any claim against T School must be brought within one year of the date the cause of action accrued or shall be deemed waived.
In addition to subjecting you to criminal and civil liability, misuse of the T School Course and violation of this TOU is a violation of professional ethics, and T School may report any misconduct to the attorney registration and character and fitness board in your jurisdiction.
XVII. Severability
If any provisions of this TOU are invalid under applicable law, they shall be enforced to the maximum permissible extent to affect the intent of the parties, and the remaining provisions will remain in full force and effect. Section titles or captions herein, which are included for purposes of convenience only, shall not be considered a part of this TOU in construing or interpreting any of its provisions.
XVIII. Consent
By continuing to use this website, you acknowledge that you have read and understood this TOU’s terms and conditions. You further acknowledge that you are using the website for the sole purpose of bar exam, MPRE, or law school exam preparation, and not at the direction of, or for the benefit of, a T School competitor.