The LSAC University website and any extensions therefrom (collectively, the “LSAC U”) is an Internet site maintained by the Law School Admission Council, Inc. and its subsidiaries and affiliates (collectively, “LSAC”) as a service to individuals and entities accessing LSAC U. LSAC U strives to provide accessible, comprehensive learning by way of multiple modalities. Content on LSAC U is informed by the needs of our community and strives to be the source from which engaging, meaningful learning and a repository of learning objects, and the platform from which guidance and practices, can be developed, delivered, and promoted (collectively, the “Services”).
At its sole discretion and at any time, LSAC reserves the right to change, alter, revise, amend, or modify the Policies of and materials and information on LSAC U without any prior notice to Users of LSAC U. Any use of LSAC U following any change, alteration, revision, amendment, or modification to the Policies of and materials or information on LSAC U shall constitute acceptance of the revised Policies, materials, and information by the User.
At its sole discretion and at any time and without prior notice to the User, LSAC may terminate, change, modify, suspend, or discontinue the User’s access or use of LSAC U or any aspect of LSAC U, including the availability of any features of LSAC U or the Services. LSAC may also impose limitations on certain features on LSAC U and/or the Services or restrict the User’s access to parts of or the entire LSAC U without any prior notice or liability to the User.
Usage of LSAC U
All materials and content contained on LSAC U are provided by LSAC to the User strictly for the User’s personal, institutional, noncommercial usage. Any commercial usage of the materials and contents contained on LSAC U is strictly prohibited.
You agree not to do, or attempt to do, any of the following when using LSAC U, subject to applicable law: (a) access or use LSAC U or any Services in any way that violates or is not in full compliance with any applicable local, state, national, or international law, regulation, or statute (including export laws), contracts, or intellectual property rights, or constitutes the commission of a tort, or for any purpose that is harmful or unintended (as determined solely by LSAC), or other than in full compliance with the Policies; (b) access, tamper with, or use services or areas of LSAC U that you are not authorized to access; (c) alter information on or obtained from LSAC U; (d) tamper with postings, registration information, profiles, submissions, or Contents (as defined below) of other users of LSAC U; (e) use any robot, spider, scraper, or other automated means or interface not provided by us to access LSAC U or extract data or gather or use information, such as email addresses or images, available from LSAC U in a way that interferes with or is inconsistent with the intended operation of LSAC U, as determined by LSAC in its sole discretion, or transmit any unsolicited commercial email, advertising, “junk mail,” “spam,” or “chain letters” to or from LSAC U; (f) frame any part of LSAC U, or deceptively link to LSAC U, or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose except as expressly permitted in writing by us, as determined in our sole discretion; (g) impersonate or misrepresent your identity or your affiliation with any person or entity; (h) reverse engineer any aspect of LSAC U or do anything that might reveal or attempt to reconstruct source code, or bypass or circumvent measures employed to prevent or limit access to any area, Contents, or code of or on LSAC U (except as otherwise expressly permitted by law); (i) send to or otherwise direct to or from LSAC U, or operate on it, harmful, illegal, deceptive, or disruptive code such as a virus, “spyware,” “adware,” or other code that could adversely impact LSAC U or any recipient; (j) take any action which might impose a significant burden (as determined by us in our sole discretion) on LSAC U’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of LSAC U; or (k) engage in phishing or other deceptive practices for the purpose of collecting usernames or passwords.
You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account on LSAC U. You agree to (a) immediately notify LSAC of any unauthorized use of your account or any other breach of security, (b) ensure that you exit from your account at the end of each session, (c) provide true, accurate, current, and complete information about yourself when registering to use LSAC U (the “Registration Data”), and (d) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any Registration Data that is untrue, inaccurate, not current, or incomplete, or LSAC has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current, or incomplete, LSAC has the right to suspend or terminate your account as provided herein. LSAC cannot and will not be liable for any loss or damages arising from your failure to provide accurate information (including Registration Data) or to keep your password secure. You may be responsible for harm or losses incurred by LSAC or any other user of or visitor to LSAC U due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. LSAC CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LSAC FROM ANY LOSS, HARM, OR OBLIGATION ARISING OUT OF SUCH FAILURE.
LSAC Content — Trademarks and Copyrights
LSAC U is owned and operated by LSAC and contains materials and content that is protected by copyright, trademark, and trade secret laws of the United States and other countries, as well as any and all applicable laws, statutes, and regulations. The materials and content accessible via LSAC U, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models, and software (collectively, the “Contents”), are the property of LSAC and are protected by the applicable patent, copyright, trademark, and trade secret laws of the United States and other countries. Except as otherwise expressly permitted under the Policies, Users may only download copyrighted material for their own personal or law school use, provided that the User is explicitly prohibited from modifying the Contents in any way and/or modifying or otherwise altering any copyright, trademark, and other proprietary notices on the Contents. The User may not copy, store (either in hard copy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, frame, deep link to, or otherwise use the Contents in any manner inconsistent with the rights of LSAC, including, but not limited to, any use of the Contents for any commercial purpose, without the prior written consent of LSAC.
For the limitations and guidelines regarding the Users’ usage of LSAC’s trademarks, please refer to LSAC’s Guidelines on Trademark Usage.
Each User of LSAC U agrees to indemnify, save, defend, and hold LSAC and each of LSAC’s successors, assigns, or licensees (together with any of their respective officers, directors, and employees) harmless against any damages, losses, liabilities, judgments, costs, or expenses (including any attorneys’ fees and costs) arising out of claims by any third party relating to the User’s usage of LSAC U, or any breach or violation of the Policies or any other terms and conditions contained on LSAC U.
Links to Third-Party Websites
User Content and Communications
Users may be permitted to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the User and other representations of the User’s name and likeness), digital images, or other content in any form on LSAC U (collectively, the “User Content”). It is the User’s sole and exclusive responsibility to ensure that no portion of their User Content is illegal, obscene, profane, offensive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, as well as to keep the User Content current and accurate.
By posting User Content on LSAC U, the User hereby grants LSAC an unrestricted, transferable, sublicensable, irrevocable, royalty-free, worldwide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, whether commercial or noncommercial in nature. The User hereby disclaims any right to any consideration from LSAC in connection with LSAC exercising its rights as a licensee in and to the User Content the User posted on LSAC U. The User acknowledges and agrees that LSAC is under no obligation of confidence to the User and shall not be liable for any use or disclosure of any User Content within LSAC or to any third party. By posting the User Content on LSAC U, the User represents and warrants that the User owns the necessary intellectual property rights in such User Content to post such User Content on LSAC U or that the User has a valid license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever. The User agrees to indemnify, save, defend, and hold LSAC and each of LSAC’s successors, assigns, or licensees (together with any of their respective officers, directors, and employees) harmless from all actual and incidental costs and fees associated with LSAC’s defense of any claims arising from User Content, including, but not limited to, all attorneys’ fees and related costs.
LSAC reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, at its sole discretion, at any time and from time to time, without notice or further obligation to you. LSAC has no obligation to display or post any User Content.
At any time and from time to time, LSAC reserves the right to disclose any information or User Content that LSAC deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, or legal, dispute process, or governmental request. LSAC shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on LSAC U.
Governing Law and Jurisdiction
The User understands and agrees that any claim, action, proceeding, or other legal action arising out of or related to the Policies, or the User’s use and/or access of LSAC U, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws. Any claim, actions, proceeding, or other legal action arising out of or related to the Policies will be resolved exclusively in the state or federal courts located in Bucks County, Pennsylvania, and the User consents to the exclusive jurisdiction of and venue in such courts.
LSAC U, THE SERVICES, AND CONTENTS ARE PROVIDED TO USERS ON AN “AS IS,” “AS AVAILABLE” BASIS. LSAC, LSAC’S LICENSORS AND/OR SERVICE PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO LSAC, THE SERVICES, CONTENTS, AND/OR THE POLICIES. LSAC DOES NOT REPRESENT OR WARRANT THAT: (A) OPERATION OF LSAC U SHALL BE UNINTERRUPTED OR ERROR FREE, (B) FUNCTIONALITY CONTAINED IN LSAC U SHALL MEET THE USER’S REQUIREMENTS, OR (C) THAT LSAC U SHALL OPERATE IN COMBINATION WITH OTHER HARDWARE OR SOFTWARE.
TO THE FULLEST EXTENT PERMITTED UNDER ANY APPLICABLE LAW, LSAC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LSAC ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH LSAC U, THE SERVICES, THE CONTENTS, AND/OR POLICIES. IN NO EVENT SHALL LSAC BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE USER’S USAGE AND/OR ACCESS OF LSAC U, THE SERVICES, ANY OF THE CONTENT, AND/OR THE POLICIES.
IN NO EVENT WILL LSAC BE LIABLE TO THE USER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF LSAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LSAC BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA. IN NO EVENT SHALL LSAC, LSAC’S LICENSORS AND/OR SERVICE PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF LSAC U DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Waiver and Severability of Terms
The waiver of any provision of the Policies shall not be considered a waiver of any other provision or of LSAC’s right to require strict observance of each of the terms herein. If any provision of the Policies is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
LSAC shall not be held liable for any delay or failure in performance of any part of LSAC U or the Services by reason of any cause beyond our reasonable control, including acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, pandemics, public health emergencies, war, terrorist acts, riots, fires, explosions, earthquakes, nuclear accidents, floods, hurricanes, tornadoes, major storms, strikes, power or telecommunications outages affecting facilities, or acts or omissions of vendors, suppliers, or common carriers.