The Law School Admission Council, Inc. ("LSAC") on and through LSAC University available at: lsac.csod.com (“LSACU”) advertises, promotes, sells access to certain digital content, including course objects and practice exams (collectively, “Products”) and provides other features, information, and news related to Products (collectively with Products, the “Products & Services”).
We often make Products & Services available to you through LSACU and when we do, additional terms and conditions may apply. Such additional terms will be presented to you at the time of digital access to the applicable Products & Services. Those additional terms are hereby incorporated by reference into these LSACU Terms and become part of your agreement with us if you use, download or purchase those Products & Services (as applicable). In the event of a conflict between these LSACU Terms and those additional terms, the latter will control. For the avoidance of doubt, and merely by way of example, your purchase of printed or hardcopy materials through LSACU may be subject to additional terms.
Using Our Website
LSACU allows for the selection and purchase of and access to our Products & Services. LSACU may also provide news and valuable information about our Products & Services, including, without limitation, data, articles, publications, videos, products, graphics, photographs, video, sound, audio clips, digital downloads, text, images, icons and other material (collectively, “Content” or “Contents”). The Contents of LSACU are owned and controlled by LSAC or by third parties that have licensed their Content to us.
Subject to the restrictions and limitations set forth in these LSACU Terms, we grant you a limited, non-exclusive license to access and use LSACU for your own personal internal use. You are permitted to use a single copy of the Content that you purchase through LSACU for your personal and non-commercial use solely within the LSACU platform. In accordance with the sections below, you are not authorized to provide any items or content on LSACU to any third party for any purpose.
Billing, Payment, and Refunds
There are various payment options available for you to purchase the Products. These payment options can be found in the individual Product descriptions and may change from time to time. Once your initial payment is processed, your access has begun, and you can immediately access the relevant Products & Services. At LSAC's discretion, LSAC reserves the right to update or remove any Content contained within the Products & Materials that you purchase at any time after your purchase. NOTE: YOU ARE NOT ENTITLED TO ANY REFUND OR PERMITTED TO EXCHANGE ANY OF THE PRODUCTS & SERVICES THAT YOU PURCHASE IF LSAC UPDATES OR REMOVES OF ANY CONTENT CONTAINED WITHIN SUCH PRODUCTS & SERVICES AFTER THE PURCHASE.
Subject to the terms and conditions set forth in the "Refunds" section, you may request a refund on any Product that you purchase by logging into your account on LSACU or by contacting us via email at eLearning@LSAC.org. If granted by LSAC, any refunds will be credited to your payment method on your LSACU account. The following terms will apply to any request for a refund:
- Within seven (7) days of your purchase of a particular Product, you may request a refund on the Product; provided, that, you have not accessed any content within the Product at any time before or after your request for a refund. Following the completion of this 7-day period after your purchase of the Product, you are not entitled to any refund of any payment for such Product. In addition, once you have accessed any content within any Product that you have purchased, you are not be entitled to any refund for payment for such Product regardless of whether you submit a request for a refund within seven (7) days of your purchase of such Product. If you do not request and receive a refund on your purchase of any Product, you will be permitted access such Product at any time following your purchase of such Product; and
- If you believe that special circumstances warrant a refund of your payment for any Product, please submit a detailed request for a refund to eLearning@LSAC.org and LSAC will consider such request for a refund and accept or reject such request for a refund at LSAC's discretion. Any such request should describe the Product purchased, the date of purchase, the amount of the payment and a description of the reason why you believe that a refund Is appropriate under circumstances.
Additional Products & Services
You are also responsible for, and LSACU is authorized to charge your credit card for, any additional Products & Services that you authorize, whether verbally or in writing (including via email), such as the purchase of additional modules services.
Prohibitions on Use
For any use that is not explicitly permitted under these LSACU Terms, you must obtain our prior written consent for any other reproduction of the Contents or of LSACU or any portion thereof. The following activities are also expressly prohibited without LSAC’s prior written consent:
- any non-personal or commercial use;
- use of any robot, spider, other automatic device or manual process to monitor or copy LSACU or any of the Contents;
- “mirroring” LSACU or any Content on any other server or device;
- copying, downloading, modifying, adapting, editing, creating derivative works from, transferring, selling, licensing, renting or otherwise exploiting or making commercial use of LSACU or any element thereof (including any Content, software code, data or materials used in or available on LSACU);
- collection or use of product listings, descriptions or prices for a supplier of competitive or comparable products;
- any action that imposes an unreasonable or disproportionately large load on LSACU or otherwise interferes with its functioning;
- the input or upload of any information which contains viruses, Trojan horses, worms, ransomware, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any LSAC system, including LSACU;
- deleting or altering any copyright, trademark or other proprietary rights notices from copies of materials from LSACU;
- attacking LSACU via a denial-of-service attack or a distributed denial-of-service attack;
- exploiting or harming minors (or attempting to do so) in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- procuring the sending of any advertising or promotional material (without our prior written consent), including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; and
- reverse engineering, decompiling, decrypting, disassembling or converting into human readable form, LSACU or any element thereof (including any Content, software, code, data or materials used in or available on LSACU).
You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of LSAC, without our prior written consent. You may not use any meta tags or any other “hidden text” utilizing LSAC’s name or trademarks without our prior written consent.
In addition to the use specified herein, the LSACU Terms herein apply to any other software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with our Products & Services (the “LSAC Software”) and terms of the software license agreement accompanying such LSAC Software (the “License Agreement”), and is further conditioned on your agreement to be bound by the terms of the License Agreement.
To access LSACU, place orders or otherwise use the Products & Services on LSACU, you may be required to open an online account and/or provide certain personalized information to us (collectively, “User Information”). You agree that you are solely responsible for the accuracy and content of your User Information, and you agree to keep your User Information up to date and accurate. It is your sole responsibility to maintain the confidentiality of your account, password, digital signature and User Information, and for restricting access to your computer and other mobile devices. You hereby agree to accept full responsibility for all activities that occur under your account or password.
As between you and LSAC, LSAC solely and exclusively owns all right title and interest in and to LSACU and all elements thereof, including all the Content, software, code, data, and materials used therein or available thereon, the look, feel and design of LSACU, the compilation of the Content, code, data and materials in LSACU, and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of LSACU does not grant to you any right, title or interest in any element thereof, and LSAC (and/or our applicable licensors and partners) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.
- Copyright Notice
All LSAC Software and all Content on LSACU is the exclusive property of LSAC and is protected by United States and international copyright laws. All Rights Reserved.
- Trademark Notice
All marks on LSACU are registered trademarks of LSAC in the United States and other jurisdictions. LSACU and its related graphics, logos, page headers, button icons, scripts, and product and service names included in or made available through the Products & Services, are trademarks or trade dress of LSAC in the United States and other jurisdictions. LSAC’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits LSAC. All other trademarks not owned by LSAC that appear on LSACU are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LSAC.
- Copyright & Trademark Complaints Notice
We respect the intellectual property rights of others, and require all users of LSACU and Products & Services to respect ours as well. If you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please report your alleged infringement as soon as possible, to cballou@LSAC.org.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF LSACU IS AT YOUR SOLE RISK, AND LSACU AND ALL SERVICES, CONTENT (INCLUDING LSACU SOFTWARE OR ANY OTHER SOFTWARE), FUNCTIONS, MATERIALS AND PRODUCTS & SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LSACU (COLLECTIVELY, “MATERIALS”) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEIR OPERATION OR THE INFORMATION CONTAINED THEREIN, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULLEST EXTENT PERMITTED BY LAW, LSAC AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, AGENTS, ASSIGNS, CONTENT PROVIDERS, SERVICE PROVDERS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “LSAC RELATED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LSAC RELATED PARTIES DO NOT WARRANT THAT THE MATERIALS, THE LSAC RELATED PARTIES’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE LSAC RELATED PARTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IF YOU OR ANY THIRD PARTY ARE DISSATISFIED WITH ANY PORTION OF LSACU, OR WITH ANY MATERIALS OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING LSACU AND MATERIALS. UNDER NO CIRCUMSTANCES SHALL ANY OF THE LSAC RELATED PARTIES BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER'S USE OF LSACU OR THE MATERIALS. IN NO EVENT SHALL ANY OF THE LSAC RELATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF LSACU, THE DELAY OR INABILITY TO USE LSACU, THE PROVISION OF OR FAILURE TO PROVIDE THE MATERIALS, OR THE CONTENT CONTAINED WITHIN THE MATERIALS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND EVEN IF THE LSAC RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE LSAC RELATED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THESE LSACU TERMS OR YOUR USE OF THE MATERIALS EXCEED, IN THE AGGREGATE, FIFTY UNITED STATES DOLLARS ($50.00) REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Notice Regarding Enforceability of Certain Disclaimers and Limitations of Liability
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Product Description and Typographical Errors
We attempt to be as accurate as possible. However, except for the general product description for each item, LSAC makes no representation or warranties that product descriptions contained on LSACU are accurate, complete, reliable, current or error-free.
- Linking to LSACU
You are not permitted to link to any image hosted on LSACU or our Products & Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on LSACU on another website or platform, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to LSACU in any manner such that LSACU, or any page of either of LSACU, is “framed,” surrounded, or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to LSACU be discontinued or removed, and to revoke your right to link to LSACU from any other platform at any time upon written notice to you.
- Links to Other Sites
We may include links from LSACU to third party websites or platforms, and third party websites or platforms may link to LSACU ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by LSAC. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party website or platform is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances shall any of the LSAC Related Parties be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that other site’s administrator or webmaster.
When you access LSACU, use or purchase any of our Products & Services or send e-mails to us, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on LSACU. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
To the fullest extent permitted by law, you agree to indemnify, defend and hold each of the LSAC Related Parties harmless from and against any and all losses, damages, demands, claims, suits, judgments, costs, expenses, or other liability of any kind (including reasonable legal, accounting and expert fees, and expenses) relating to, arising from, or resulting from your use of the Contents (including LSAC Software) of LSACU, including your violation of law or the rights of any third party thereto, or your actual, threatened or alleged direct or indirect breach of any of these LSACU Terms. You further agree to advance each of the LSAC Related Parties, upon demand, all costs and expenses (including reasonable legal, accounting and expert fees, and expenses) as they are incurred by such LSAC Related Parties (as applicable) in connection with any matter covered by the indemnification provisions of this Section.
Export Control of Software and Technical Data
The following applies with respect to LSAC Software and other Content of a technical nature that you may obtain from LSACU (other requirements set forth in these LSACU Terms and certain additional terms and conditions may apply with respect to items offered for sale, purchased or sold): The United States controls the export of such intellectual property. You agree to comply with such restrictions and not to export or re-export the Content (including LSAC Software) to countries or persons prohibited under the export control laws of the United States. By downloading the Content (including LSAC Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the United States Commerce Department’s Table of Denial Orders or the United States Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the LSAC Software and/or other Content.
We do not represent that Materials on LSACU are appropriate for use in all locations. Persons who choose to access LSACU do so of their own initiative, and are responsible for compliance with any applicable local laws.
Our failure to require or enforce strict performance by you of any provision of these LSACU Terms or to exercise any right under these LSACU Terms shall not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.
Should any part of these LSACU Terms be rendered or declared invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these LSACU Terms shall remain in full force and effect.
Third Party Beneficiaries
Nothing in these LSACU Terms shall be construed to give any rights to any third parties to enforce the terms hereof, except that each of the LSAC Related Parties (other than LSAC) shall be an express third party beneficiary of, and entitled to enforce, the protections and rights bestowed upon such entity or person herein.
Governing Law and Forum Selection
These LSACU Terms (including your and LSAC’s respective rights and obligations hereunder and your use of LSACU) shall be governed by the laws of the Commonwealth of Pennsylvania without regard to the conflicts of laws principles thereof. For the benefit of LSAC, by using LSACU you consent and agree to the exclusive jurisdiction of the state courts of the Commonwealth of Pennsylvania located in Bucks County in connection with any legal claim or action relating to, arising from, or in connection with these LSACU Terms (including your and LSAC’s respective rights and obligations hereunder and your use of LSACU) and consent to personal jurisdiction in such courts. You waive, to the maximum extent permitted by law, any objection to the laying of venue in any such court and any claim that such court would be an inconvenient forum for any action covered by this Section. You agree that LSAC shall retain the right to bring legal proceedings in any court other than the state courts of the Commonwealth of Pennsylvania located in Bucks County.
Jury Trial and Class Action Waivers
YOU AND LSAC EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING FROM, RELATING TO, OR CONCERNING LSACU, THE MATERIALS OR THESE LSACU TERMS, INCLUDING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER AND YOUR USE OF LSACU.
YOU UNDERSTAND AND AGREE THAT ANY LEGAL ACTION OR PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND LSAC SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ACTION. THIS CLASS ACTION WAIVER IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Please feel free to direct any questions to us about these Terms, LSACU and our Products & Services, or any other issues, via e-mail at eLearning@LSAC.org.
Effective Date: 3/11/2021
Last Revised: 3/11/2021