All material on www.ontariobarprep.com is copyrighted and the property of Ontario Bar Prep Ltd. ("Ontario Bar Prep"). This includes all practice questions available on each practice exam and exam indices provided to you. Any individual engaged in the unauthorized reproduction, dissemination, copying or other unauthorized use of any material on www.ontariobarprep.com or any material otherwise provided by Ontario Bar Prep or its administrators, will be pursued to the fullest extent of the applicable law.
Acceptance of Terms
This web site (“Site”) and any products ordered through this Site (“Services”) are provided by Ontario Bar Prep conditional on your acceptance of the terms and conditions of use set out below (the “Agreement”). By browsing, accessing, using or downloading information from this Site, whether or not you purchase a practice exam through this Site, you agree to accept and abide by the terms and conditions of this Agreement for each visit of this Site and any use of the Services.
This Agreement is entered into between Ontario Bar Prep and you.
You represent and warrant that you have the right, authority and capacity to legally enter into this Agreement and to comply with all of its terms and conditions.
Your use of the Site may be affected by other agreements between you and Ontario Bar Prep or you and third parties and any use of this Site does not modify the terms and provisions of such other agreements.
Ontario Bar Prep takes reasonable precautions to keep the details of your order and of any correspondence that you sent through the use of the Site and Services secure but Ontario Bar Prep cannot be held liable for any losses as a result of unauthorized access to information provided by you.
Ontario Bar Prep may modify, update or discontinue the Site or Services or any part of the Site or Services at any time without notice.
Site Access And Use
Ontario Bar Prep grants to you a non-exclusive, non-transferable, revocable and limited right to make personal use of the Site, including the right to access and view the Site, subject to the terms and conditions set out in this Agreement.
You may not make any commercial use of the Site, including without limitation for the purposes of selling products or services or to increase traffic to your or any other Websites.
You may not use or reproduce any of the Site content, including the display of any trademarks, without our express written consent.
By purchasing any of the Services, you expressly undertake not to distribute, copy, download, share, transmit, re-sell, reproduce, republish, modify, or in any way transfer such content that is made available on the Site, including, but not limited to, Ontario Bar Prep's practice exam questions.
This agreement and any license granted to the site and to use any services will immediately terminate upon any unauthorized use of the site or upon any breach of the provisions of this agreement.
Registration Information and Exam Access
In order to purchase the Services offered by Ontario Bar Prep, you will be required to provide certain registration information (“Registration Information”) to Ontario Bar Prep or its third party service providers, including without limitation your name, email address, education information and credit card information for billing purposes.
You represent and warrant to Ontario Bar Prep that all Registration Information will be accurate.
If you are provided with a user ID or password, you are not permitted to share your username or password with others or permit or authorize others to use your registration information. You are responsible for maintaining the confidentiality of your username, password and any other account access information. You will not permit others to access your account and are fully responsible for restricting access to your computer and account. You accept full responsibility for all actions taken using your account or password.
You must pay for all charges associated with purchasing Services through the Site, whether billed by Ontario Bar Prep or a third party carrier.
Submission of Information
Ontario Bar Prep provides certain security in an effort to protect the electronic transmission of credit card numbers or other financial information that you submit to Ontario Bar Prep or its payment processors through this Site. However, Ontario Bar Prep does not guarantee the security of any information including any financial information transmitted to or from this Site.
Other than financial information, you are not permitted to send or transmit any confidential or proprietary information to Ontario Bar Prep through this Site. Except for the financial information referred to above, or personal information about you, any information that you send to Ontario Bar Prep through this Site will be deemed not to be confidential information and will be deemed to be information to which you have granted Ontario Bar Prep a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense such information or to incorporate it into other works.
Any feedback, testimonials or comments you provide to Ontario Bar Prep in writing, may be made publicly available unless we receive in writing your request to have your feedback, testimonials or comments kept confidential.
Content Linked to by Ontario Bar Prep
Ontario Bar Prep may provide links to sites operated by third parties, including without limitation to the sites of third party payment processors or other service providers.
These links do not constitute an affiliation, endorsement, sponsorship or recommendation by Ontario Bar Prep of the third parties, the linked site, content, services or products available on or through such third party sites.
If you access or otherwise use third party sites or if you have any dealings with third parties, including advertisers found on the Site, you acknowledge that you do so subject to any terms and conditions and any privacy policies applicable to those sites and that you do so at your own risk. Ontario Bar Prep is not responsible for the availability of linked sites or for their content, services, products, actions or inactions.
Third Party Content
This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. Ontario Bar Prep shall have no liability whatsoever for any third party material, data, information or other content.
All content on the Site, including all text, graphics, icons, images, and software is the property of Ontario Bar Prep or the property of its licensors and is subject to copyright.
All compilations of content on the Site are the exclusive property of Ontario Bar Prep and subject to copyright and other intellectual property laws.
Representations and Warranties
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to comply with its terms, that you will comply with all of the terms, conditions and other provisions of this Agreement, that you will comply with all applicable laws and policies affecting the use of the Site or Services, and that you will only use the Site or Services on a computer on which such use is authorized by the computer’s owner.
Ontario Bar Prep may terminate this Agreement or otherwise refuse access to the Site at any time without notice.
In addition to any other limitations set out in this Agreement, you may not nor will you allow others to, directly or indirectly:
1. Create, reproduce, upload, download, communicate, publish, store or use any content or other material the effect of which is to infringe upon third party intellectual property rights including copyrights;
2. Frame or use framing techniques to enclose any element of the Site including any of its content without our express written consent;
3. Use any meta tags or other “hidden text” containing our name without our express written consent;
4. Meta-search the Site;
5. Upload, post or otherwise transmit on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
6. Download content from the Site other than for page caching automatically performed by your Web browser software for the purpose of viewing the Site;
7. Modify, copy, display or translate the Site or any part of the Site;
8. Interfere with the security of, or otherwise abuse, this Site or any system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
9. Use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part;
10. Use or attempt to use another’s account, password, service, system or other information without prior written authorization from OntarioBarPrep, or create or use a false identity on this Site;
11. Transmit through, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
12. Upload to, distribute to, or otherwise disseminate through this Site or through the use of the Services, including through the use of the Services to deliver letters to third parties, any material or information of any kind that is defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services;
13. Disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites;
14. Attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access;
15. Use this Site in any manner that could damage, disable, overburden or impair this Site; or
16. Use the Site or Services in any way that violates applicable law.
Disclaimer and Limitation of Liability
No representations, conditions, warrantees or guarantees are expressed or can be implied regarding the Site or the Services or their use, including without limitation any representations, conditions, warrantees or guarantees as to description, conditions, fitness for purpose, quality, quantity or merchantability or as to any other matter whatsoever. You expressly waive all such express or implied representations, conditions, warranties and guarantees.
Without limiting the generality of the foregoing, Ontario Bar Prep does not make any representations, conditions, warranties or guarantees about the improvement of skills or the results of any future tests taken by you following completion of Ontario Bar Prep’s practice exams. Practice exams require advance preparation. Ontario Bar Prep assume that you have completed all advance preparation.
Neither Ontario Bar Prep nor its affiliates, nor their respective employees, directors, shareholders, agents, third party content providers or licensors, if any, will be liable for damages of any kind arising out of or from the use of the Site. This limitation shall apply irrespective of the nature of the cause of action, demand or action, including but not limited to, breach of contract, negligence, tort or any other legal theory and survive a fundamental breach or breaches or failure of the essential purpose of this Agreement, or any remedy contained in this Agreement. In no event shall the foregoing be liable for indirect, special, consequential, incidental, punitive or exemplary losses, damage or expenses (including but not limited to business interruption, loss of profits, lost business, or lost savings) even if they have been advised of their possible existence. The allocations of liability in this Agreement represent the agreed and bargained-for understanding of the parties.
Your use of this Site is at your own risk.
Ontario Bar Prep will not be responsible for any unauthorized use of your registration information or account.
You agree to hold harmless and indemnify Ontario Bar Prep, its agents, affiliates, partners, successors or assigns, their respective employees and, in the case of corporations, their respective directors, officers and shareholders, from and against any losses, damages, expenses, fines, monetary penalties, liabilities (whether accrued, actual, contingent, latent or otherwise), claims and demands of any nature or kind including any interest and all legal fees and costs on a substantial indemnity basis, and including without limitation any claims for loss of revenue, expected profits or expected savings, or any other commercial, economic, general, specific, direct, indirect, special, incidental, consequential, punitive or exemplary losses or damages (each a “claim”) which an indemnified party may suffer or incur by reason of any breach or allegation of breach of any warranty, representation or agreement made by you under this Agreement, by reason of your use of the Site or Services or by reason of a failure by you to comply with all applicable laws.
Amendments and Waivers
No amendment to this Agreement will be valid or binding unless set out in writing by Ontario Bar Prep and posted to the terms and conditions of this Agreement on the Site. No waiver of any breach of any provision of this Agreement will be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided, will be limited to the specific breach waived.
You may not assign or transfer this Agreement or any right granted under this Agreement, including without limitation any registration or enrolment in a course, to any other person without the prior written consent of Ontario Bar Prep.
If any one or more provisions contained in this Agreement should be held by a court or other tribunal to be invalid, illegal or otherwise unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
Notice and Communication
When you send any emails to Ontario Bar Prep, you are communicating with Ontario Bar Prep electronically and consent to receive communications from Ontario Bar Prep electronically. Ontario Bar Prep may communicate with you by email or by posting notices on the Site.
You agree that all demands, notices or other communications that Ontario Bar Prep provide to you electronically satisfy any legal requirement that such communications be in writing.