Please carefully read these terms and conditions ("Terms and Conditions") before using any part of this website or the AdaptiBar Mobile Apps (collectively the "AdaptiBar website"). By your continued use of the AdaptiBar website, you consent to these Terms and Conditions. If you do not agree to these Terms and Conditions, please immediately cease using the AdaptiBar website.
AdaptiGroup LLC is the owner of the AdaptiBar website. The information and arraignment and compilation of the information on the AdaptiBar website, including but not limited to all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software, buttons, and other icons, is either owned or licensed by AdaptiGroup LLC.
Certain portions ("subscriber portions") of the AdaptiBar website are available only to users who have been issued a username and/or password and are recognized as registered users ("registered users"). Only registered users or those with express permission are authorized to access the subscriber portions of the AdaptiBar website. Any use of the AdaptiBar website and the subscriber portions is expressly governed by and conditioned upon agreement to these Terms and Conditions. In addition, certain features, offerings, or promotions may be governed by other additional terms and conditions. In the event of a conflict between these Terms and Conditions and those additional terms and conditions, the additional terms and conditions will apply where appropriate to the use and these Terms and Conditions will apply where there is no conflicting provision.
In addition, you hereby acknowledge and agree as follows:
1. License Grant
When subscribing to an AdaptiBar service or product, AdaptiGroup LLC grants you a non-transferable license to access and use the study tools in the subscriber portions of the AdaptiBar website. The license accompanying each subscription extends to personal use only. You may not transmit, copy, display, or otherwise relate any information from the subscriber portions of the AdaptiBar website to any other individual or group. The information incorporated into the AdaptiBar website and subscriber portions may not be transferred, shared with, or disseminated to anyone for any purpose that is inconsistent with these Terms and Conditions, to facilitate unfair competition with the AdaptiBar website, or for any purpose that is inappropriate or unlawful under applicable United States or international law.
Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast, or transfer in a searchable, machine-readable database or file the information from the AdaptiBar website or subscriber portions. Unless separately and specifically authorized in writing by AdaptiGroup LLC, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the AdaptiBar website, the subscriber portions, or any of the information received or accessed therefrom to or through any other person or entity. Access to the AdaptiBar website and the subscriber portions without the authorization of AdaptiGroup LLC is strictly prohibited.
You may not modify the AdaptiBar website. You agree not to post or transmit any information through the AdaptiBar website which (i) infringes the rights of others or violates their privacy or publicity rights; (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable; (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right; or (iv) contains unauthorized or malicious software such as viruses. You agree to use the AdaptiBar website for lawful purposes only. You agree to indemnify AdaptiGroup LLC from any damage, loss, cost or expense which may be incurred by AdaptiGroup LLC as a result of the material you link, upload, post, or transmit to the site. AdaptiGroup LLC has no duty to review or edit materials submitted by users. Any such materials may be removed by AdaptiGroup LLC at any time for any reason.
Any software available on or through the AdaptiBar website may not be resold, decompiled, reverse engineered, disassembled, or otherwise converted to a human readable form. The United States Export Control laws prohibit the export of certain software and technical data to certain territories. Under the United States Export Control laws, software and other materials from the website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported. Your use of the AdaptiBar website, and any information contained therein, must comply with all applicable laws, rules and regulations that govern the export of technical data.
The AdaptiBar website may contain links to other websites not maintained or related to AdaptiGroup LLC. These links are provided for informational purposes only, and AdaptiGroup LLC does not sponsor or affiliate with any linked entity unless expressly stated. AdaptiGroup LLC makes no representations and assumes no responsibility for your use of links provided on the AdaptiBar website. AdaptiGroup LLC has not reviewed the websites hyper-linked to or from the site and is not responsible for the content of any other sites. The links are to be accessed at the user's own risk, and AdaptiGroup LLC makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked.
You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the AdaptiBar website. Furthermore, you may not use any of AdaptiGroup LLC's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without express written permission, which AdaptiGroup LLC may withhold in its sole discretion. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by AdaptiGroup LLC; (ii) cause confusion, mistake, or deception; (iii) dilute the AdaptiBar trademarks or service marks; or 4) otherwise violate state or federal law. You agree to indemnify AdaptiGroup LLC, board members, employees, agents and representatives from and against, and shall reimburse AdaptiGroup LLC for any liability, damage, claim, loss, cost or expense (including, without limitation, court costs and reasonable attorneys' fees) which may be incurred by AdaptiGroup LLC as a result of the material you link, upload, post, or transmit to the AdaptiBar website.
AdaptiGroup LLC has no objection to links made from other sites to the AdaptiBar website, provided that such links may only be to the homepage of the AdaptiBar website. However, you may not frame or alter the appearance of the AdaptiBar website. You must abide by all of the other AdaptiGroup LLC Terms and Conditions of use set forth above. You may not reproduce or host AdaptiBar content on your website.
4. Disclosure of Account Information
If at any time, you are issued a username and/or password authorized by AdaptiGroup LLC and you learn or suspect that such identifiers have been disclosed or otherwise made known to any person other than yourself, you agree to immediately change your password to prevent unauthorized access to your account. In addition to any consequences arising from violation of copyright law or other laws, failure to take such actions to protect your account provide grounds for AdaptiGroup LLC to terminate your account with no refund. Additionally, any unauthorized disclosure of account information, including any sharing of the subscriber portions of the AdaptiBar website, will provide grounds for AdaptiGroup LLC to terminate your account at any time with no refund.
You acknowledge that AdaptiGroup LLC reserves the right to, and may from time to time, monitor any and all information transmitted or received through the AdaptiBar website and in the subscriber portions of the website. AdaptiGroup LLC, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any information which it deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the AdaptiBar website, authorized or unauthorized, constitutes consent to such monitoring.
YOU AGREE THAT SUBSCRIBING TO AND ACCESSING ANY STUDY TOOL ON THE ADAPTIBAR WEBSITE INCLUDING THE ADAPTIBAR MOBILE APPS MAKES YOU INELIGIBLE FOR A REFUND, UNLESS YOU MEET ALL REQUIREMENTS OF THE ADAPTIBAR SATISFACTION GUARANTEE AS IT IS STATED ON THE ADAPTIBAR WEBSITE AT THE TIME OF YOUR ENROLLMENT. No subscriptions, services or products available on the AdaptiBar website are subject to a free trial period unless otherwise expressly stated by AdaptiGroup LLC.
Once thirty days have passed from the date of enrollment, you may no longer terminate your account or receive a refund, even if you have not accessed the account or any study tools during that period. Additionally, you are not entitled to receive a refund once your enrollment session has ended, even if you failed to access or use any of the study tools you subscribed to during the enrollment session. Once the session you subscribed to has ended, AdaptiGroup LLC is under no obligation to transfer or extend your session or issue you a refund.
If your enrollment has been fully or partially subsidized by an employer, an educational institution, or another third party who fails to complete payment for any or all subscriber services in whole or in part or violates the Terms and Conditions set forth, your account may be terminated without notice, refund, or compensation to you. AdaptiGroup LLC is not required to allow you continued access to subscriber services or issue any whole or partial refund. Any claims of loss or damages should be taken up with the third party involved.
You acknowledge and agree that no warranties of any kind are made with respect to the AdaptiBar website, including the subscriber portions and the AdaptiBar Mobile Apps, or any other sites. Furthermore, you acknowledge that the information and links provided through the AdaptiBar website are compiled from sources that may be beyond the control of AdaptiGroup LLC. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur, and that AdaptiGroup LLC and its licensors do not warrant the accuracy or suitability of the information.
The materials, services, and information in the website are provided "AS IS" without any warranties or representations whatsoever of any kind, whether expressed or implied, including but not limited to, the warranty of merchantability and fitness for a particular purpose, warranties of title, and non-infringement. Any such offers set forth on the site or elsewhere are void where prohibited. AdaptiGroup LLC does not warrant that the AdaptiBar website will meet your requirements, will be accurate, or will be uninterrupted or error free.
AdaptiGroup LLC shall not be responsible for any damages or loss of any kind arising out of or related to your use of the AdaptiBar website, along with the subscriber portions and the AdaptiBar Mobile Apps, including but not limited to data loss or corruption, regardless of whether such liability is based in tort, contract, or otherwise. You assume all risk of errors and omissions in the AdaptiBar website and its content, including the transmission or translation of information. You further assume all responsibility, and thereby hold AdaptiGroup LLC harmless, for detection and eradication of any virus or program with a similar function.
8. Submitted Content
AdaptiGroup LLC is free to use any comments, suggestions, ideas, or other information contained in any communication sent to or through the AdaptiBar website, or to any site owned by AdaptiGroup LLC, or to any address associated with AdaptiGroup LLC. All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to AdaptiGroup LLC on or in connection with the AdaptiBar website are submitted without any restrictions or expectation of confidentiality. Should you send any comments, suggestions, or ideas, whether solicited or unsolicited, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you waive any claim against AdaptiGroup LLC and its employees, agents, licensors and contractors regarding the display, copying, and transmission of such comments, suggestions, or ideas. AdaptiGroup LLC shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. AdaptiGroup LLC shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate (in whole or in part) in other works in any form, media, or technology now known or later developed, or otherwise distribute your submissions in any manner without notice or compensation to you.
9. Privacy and Consent
When you access the content of the AdaptiBar website, we collect information, including but not limited to, information about the lectures you watch online, the test questions you complete, your performance on practice tests, and your progress toward full completion of all course assignments. Information concerning your usage of our site and your progress using our study materials ("Course Performance Information") may be disclosed to third parties such as educational institutions, professors, and product development partners for a variety of purposes, including but not limited to, analyzing and improving bar passage rates and for the development of new products and services. By accessing and using AdaptiGroup LLC services, you consent to allow free exchange of Course Performance Information between AdaptiGroup LLC and your educational institution.
10. Limitations on Liability and Claims
AdaptiGroup LLC is under no obligation to screen, edit, or review material submitted by users. AdaptiGroup LLC can therefore accept no responsibility or liability for any material which may reside in or is accessed by the AdaptiBar website other than its own materials and information. AdaptiGroup LLC has no responsibility with respect to other sites.
AdaptiGroup LLC and its employees, agents, licensors and contractors will not be liable or responsible for any direct, indirect, consequential, incidental, punitive damages or injuries, including but not limited to mistakes, defects, omissions, errors, typographical errors, omissions, interruptions, delays in transmission, viruses, delays in operation, and deletion of files caused by a user's reliance on or use of any information, service or merchandise provided on or through the site, or any failure of performance caused by or arising out of use of or access to any content or information contained in the website, or the content of any other site hyper-linked to the website, even if AdaptiGroup LLC is negligent and has been advised of the possibility of such damages.
Furthermore, AdaptiGroup LLC and its employees, agents, licensors and contractors will not be liable or responsible for any damages caused by a user's inability to access or use the AdaptiBar website or any of its contents or features for any reason, including but not limited to network outages and installation of software upgrades, even if AdaptiGroup LLC is negligent and has been advised of the possibility of such damages.
AdaptiGroup LLC does not warrant that the materials or communications found in the website will be available and/or functioning properly at all times. You agree not to seek a refund of any subscription payment, even if you are unable to access or use the AdaptiBar website or any of its contents on one or more occasions.
The above limitations on liability may not apply to the user where applicable law does not allow for such limitations. Any action on any claim against AdaptiGroup LLC must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
11. Jurisdiction / Choice of Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Illinois, without reference to any conflict of law principles. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Chicago, Cook County, Illinois, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Illinois as your agent for service of process. You agree to waive any objection that the state or federal courts of Cook County, Illinois, are an inconvenient forum.
If any portion(s) of the Terms and Conditions is deemed unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions. AdaptiGroup LLC can, at its sole discretion, replace or amend such provisions.
AdaptiGroup LLC reserves the right to revise the Terms and Conditions at any time without any notice, for any reason whatsoever by updating this posting. Users are bound by any such revisions, and should periodically read and review the Terms and Conditions. AdaptiGroup LLC may make changes to the website at any time.
14. Copyright, Patent, and Trademark Notice
Copyright © 2004-2017 AdaptiGroup LLC. All rights reserved. No part of the material protected by this copyright may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, broadcasting, or by any information storage and retrieval system, without permission in writing from AdaptiGroup LLC. This site is the property of AdaptiGroup LLC and is protected by United States and International Copyright laws. Windows® is a trademark of Microsoft Corporation. All trademarks referenced are the trademark, service mark and/or registered trademark of the respective holders. All domain names are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship by AdaptiGroup LLC should be inferred.
This is the entire agreement between the parties and may not be modified except in writing signed by both parties.