Date Updated: May 30, 2018
This website, located principally at nextgenbarexam.ncbex.org (the “Site”), is owned and maintained by the National Conference of Bar Examiners (“NCBE”). These Terms of Use (“Terms”) govern use of the Site and the various online services and products offered through the Site. All visitors to the Site, whether transacting business or not, must follow these Terms while on the Site.
By using our Site, you are indicating that you agree to all of the Terms set forth herein. You are also indicating that you understand that NCBE has the right, in its sole discretion, to revise these Terms from time to time without notice or liability to you. You should visit this page periodically to review these Terms because your continued use of this Site after we have revised these Terms will indicate that you accept them as revised. If you do not accept these Terms, you may not access the Site or use any of the services, products, or content provided on or through the Site.
“Content” means all of the services, products, and information provided on a website including but not limited to all of the page headers, images, graphics, text logos, button icons, design, layout, software and source code, sound, video files, and data.
Privacy
Your continued use of this Site also constitutes your acceptance of the Privacy Policy.
Use of This Site
NCBE grants you a limited license to access and make personal use of the Site, subject to these Terms. You agree to use the Site only for lawful purposes and to comply with all local, state, and federal laws, statutes, rules, and regulations. You agree not to take any action that might compromise the security of the Site or render the Site inaccessible to others or otherwise cause damage to the Site or its contents. You agree not to use the Site in any manner that might interfere with the rights or privacy of others.
You may not use the Site to (a) attempt to or actually disrupt, impair, interfere with, alter, or modify any data, information, software applications, or other materials posted and/or displayed by NCBE or anyone else; or (b) collect or attempt to collect any information from others including, without limitation, personally identifying information.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data or information not intended for you; (b) accessing an account which you are not authorized to access; (c) probing, scanning, or testing the vulnerability of the site, or breaching any security or authentication measures, regardless of your motives or intent; or (d) interfering with or disrupting the Site.
Violations of the security of the Site may result in civil or criminal liability. NCBE retains the right to investigate occurrences that may involve such violations, and NCBE may assist law enforcement authorities in the prosecution of such violations. NCBE may also report such violations to bar admission agencies or attorney regulatory authorities.
Copyrights
The following content is the property of NCBE or NCBE’s content suppliers and is protected by United States copyright laws:
-all Site content, including but not limited to text, graphics, logos, page headers, button icons, design, layout, images, audio/video clips, digital downloads, data compilations, software (including code) used to operate the Site and any applications contained therein; and
-NCBE examinations, study aids, online practice examinations, sample questions, and model analyses
Unauthorized use of protected content may violate applicable copyright, intellectual property, and other laws (some of which provide criminal remedies). You may not sell or modify the content or reproduce, display, distribute, share, transfer, or copy any content from the Site. To request permission to use protected content, use the Contact Us form.
Trademarks and Logos
You acknowledge that “NCBE,” “MBE,” “MPRE,” “UBE,” “MEE,” “MPT” and other NCBE logos and marks appearing on the Site are the sole property of NCBE and may be registered in the United States Patent and Trademark Office. Any use of these marks requires prior express written consent of NCBE. You shall not display, disparage, dilute, or taint our trademarks, or use any confusingly similar marks or names, or use our marks in a way that misrepresents who the proper owner is.
Links to Other Sites
NCBE has not reviewed all of the sites linked to its Site and is not responsible for the content of any such linked sites. The inclusion of any link does not imply endorsement by NCBE of any linked sites. Use of any linked sites is at the user’s own risk.
Disclaimer of Warranties
THIS SITE AND ITS CONTENT IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NCBE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES) EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND ITS CONTENTS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NCBE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, OR LIKELY RESULTS FROM USING ANY OF THE DATA, INFORMATION, SOFTWARE APPLICATIONS, STUDY AIDS, OR OTHER MATERIALS PROVIDED BY OR THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL NCBE OR ANY OF ITS OFFICERS, DIRECTORS, AFFILIATE ENTITIES, AGENTS, EMPLOYEES, OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT (IN EXCESS OF THAT STATED HEREINAFTER IN THIS PARAGRAPH), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN ANY WAY FROM THE USE OF OR INABILITY TO USE THE DATA, INFORMATION, SOFTWARE APPLICATIONS, ACCOUNTS, OR OTHER MATERIALS ON THE SITE, REGARDLESS OF THE CAUSE OR DURATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF NCBE TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT, IF ANY, YOU PAID TO NCBE OVER THE 12 MONTHS PRECEDING THE CLAIM OF LIABILITY, OR $50, WHICHEVER IS GREATER.
Obligation of Users Located Outside the United States
If you are located outside the United States, you acknowledge that the personal data that you provide to us is being transferred to the United States. When you submit any personal data to us, you consent to this transfer and all related transfers and you agree not to make any transfer except as permitted by applicable local law in your location. We make no representations that the Site, its content, or any services provided on the Site are appropriate or available for use outside the United States. Accessing the Site from locations where the Site, its content, our services, or reasonably expected communications resulting from your use of the Site are, or may be, illegal is prohibited. If you are using the Site from outside the United States, (a) you are responsible for compliance with all local laws, (b) you represent and warrant that you are authorized to release to us the information collected through this Site, and (c) you release NCBE from any and all claims, demands, and damages (actual, consequential, direct, and indirect) arising out of or connected with any violation of applicable local law.
Revisions
NCBE may revise or modify these Terms or any Site content at any time without notice. By using this Site, you are agreeing to be bound by the then-current version of these Terms.
Termination and Investigations
NCBE, in its sole discretion, reserves the right to decline, suspend, terminate, alter, and/or modify your access to this Site and any and all of the various online services available through this Site at any time and for any reason, including those set forth in these Terms and any indicated in our Privacy Policy. If we believe your conduct or any information you provide to the Site materially fails to conform to these Terms, we reserve the right to investigate, involve, report to, and cooperate with law enforcement, governmental, bar admission, attorney regulatory, or other authorities concerning such conduct, and to pursue a civil lawsuit, criminal prosecution, or other action for any alleged or actual illegal, fraudulent, or other unauthorized activities involving this Site or any of the services provided herein, with or without notice. Any report made to law enforcement, governmental, or other authorities, including bar admission and attorney regulatory authorities, may be made without notice to you.
Waiver
Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by NCBE of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Choice of Law and Choice of Forum
Any claim, action, or proceeding arising out of these Terms or your use of this Site shall be governed by and construed in accordance with the laws of the United States and the State of Wisconsin, without regard to principles of conflict of laws. Any claim, action, or proceeding related to the Terms or your use of the Site will be resolved exclusively in the state or federal courts located in the State of Wisconsin and you consent to the jurisdiction of those courts.
Entire Agreement
These Terms constitute the whole legal agreement between you and NCBE and govern your use of the Site and any content and completely replace and supersede any prior agreements between you and NCBE, whether written or oral, in relation to the Site or any service thereof.
Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable for any reason by a proper legal authority, then that provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.
