MPRE Course Terms and Conditions
This Enrollment and Terms and Conditions Agreement (the “Agreement”) evidences the undersigned student’s (the “Student”) agreement to enroll in one or more of the courses and programs (each a “Program” and collectively, the “Programs”) offered by JD Advising, Inc. (“JD Advising”) and further sets forth the terms and conditions that will apply to the Student during the Student’s enrollment in the Program. This Agreement shall be binding upon the Student and JD Advising following the Student’s delivery of an executed Agreement to JD Advising at the email or mailing address set forth above and acceptance by JD Advising. JD Advising reserves the right, in its sole and absolute discretion, to accept or reject the enrollment of any and all students, and JD Advising will notify the Student accordingly. During the term of the Student’s participation in the Program, Student hereby acknowledges and agrees to the following:
1. Recording of MPRE Videos. Student hereby acknowledges, understands, and agrees that no recording of any kind (tape, audio, or otherwise) is permissible during the Program. If Student is discovered violating this provision, JD Advising reserves the right to terminate this Agreement and pursue any legal remedy available.
2. No Guarantee. Student hereby acknowledges, agrees, and understands that JD Advising makes no representations, warranties, or guarantees (expressed or implied) that the Student will successfully pass the Multistate Professional Responsibility Examination or with respect to any of the Program Materials.
3. Intellectual Property. Student understands and agrees that JD Advising owns all rights, title, and interest in and to all lecture and course materials used for the Programs and provided to the Student relating to the Program, including, without limitation all intellectual property rights therein (collectively, the “Program Materials”). Such Program Materials include, but are not limited to, the outline books, any handouts, support materials, and other curriculum items. JD Advising grants Student a nonexclusive, revocable license to use the Program Materials for noncommercial purposes only related to Student’s participation in the Program and only while enrolled in the Program. Student agrees that the Program is protected by copyright laws and is confidential and proprietary to JD Advising and will not disclose them to any third party, except to other students participating in the Programs. Student shall not sell, share, copy, record, reproduce, or distribute, nor permit a third party to sell, share, copy, record, or distribute, the Program Materials during or after the term of this Agreement. The license granted herein shall automatically terminate and be revoked as of the termination of this Agreement. JD Advising further reserves the right to terminate the license granted herein at any time if Student fails to comply with the terms of this Agreement.
4. Indemnification. Student hereby agrees to indemnify and hold JD Advising harmless from and against any and all losses, damages, expenses, costs, liabilities, interest and attorneys’ fees incurred, directly or indirectly, by JD Advising arising out of any actions, omissions, misrepresentations or breach by the Student.
5. DISCLAIMERS AND LIMITATION OF LIABILITY. JD ADVISING MAKES NO WARRANTY OR REPRESENTATION AS TO THE SUITABILITY OR QUALITY OF ITS SERVICES OR MATERIALS AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANYTHING DONE OR OMITTED IN RELIANCE UPON ITS SERVICES OR MATERIALS. THE STUDENT HAS SOLE RESPONSIBILITY FOR FULFILLING ANY REQUIREMENTS OR ACCOMPLISHING ANY OBJECTIVES FOR WHICH THE STUDENT PURCHASED ANY OF THE JD ADVISING’S SERVICES OR MATERIALS. JD ADVISING EXPRESSLY DISCLAIMS, AND THE STUDENT HEREBY EXPRESSLY WAIVES, ALL IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL JD ADVISING BE LIABLE TO THE STUDENT FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES EVEN IF JD ADVISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL JD ADVISING’S LIABILITY EXCEED THE AMOUNT OF $250.
6. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, notwithstanding the fact that either party is or may hereafter become domiciled or located in a different state. The parties stipulate and agree that (a) any and all claims, disputes, controversies, suits, or actions arising out of or relating to the provisions of this Agreement or the subject matter hereof (the “Claims”) shall be adjudicated exclusively in Oakland County Circuit Court, Michigan, or the United States Federal District Court for the Eastern District of Michigan sitting in Detroit, Michigan, which courts shall have the exclusive jurisdiction and venue for any and all said Claims; and (b) such courts are a convenient forum and the parties will not seek to transfer the action to any other court. The parties waive, to the fullest extent permitted by law, any objection that they may respectively now or later have to the laying of venue in said courts. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall first use their best efforts to settle the dispute, claim, question, or disagreement. If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by a mutually agreed upon the party before resorting to arbitration, litigation, or some other dispute resolution procedure. This Agreement constitutes the entire agreement between the Student and JD Advising with respect to the subject matter hereof and supersedes any and all other prior or contemporaneous agreements, either oral or written, between the parties (including, without limitation, any student representative of JD Advising) with respect to the subject matter hereof. Student may not assign this Agreement or any of their rights hereunder. Student’s failure to exercise any of its rights under this Agreement will constitute or be deemed a waiver or forfeiture of those rights. A facsimile or PDF signature of any party shall be immediately binding upon such party and have the same legal effect as an original signature of such party. If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.