1. Context, Terminology & Applicability
SCCL is the owner of the SIDE-BAR website. “Side Bar” is a registered Trademark owned by SCCL. The Side-Bar website contains information, including, without limitation, all text, graphics, photographs, downloadable files/text, accessible files/text, graphs, sounds, data, images, audio, video, page headers, software (including HTML, PDF, EPUB and other formats and/or scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the "Information") that is either owned or licensed by SCCL.
Portions of the Side-Bar website may be made available only to persons who have purchased products offered on the Side-Bar website (“Purchasers”). Only Purchasers are authorized to access the restricted portions of the Side-Bar website (“Materials”).
The terms “Information” and “Materials” are used interchangeably and each includes the other within its definition. The terms “You” and “Your” are used interchangeably and include both “User” and “Purchaser” meaning in both the singular and plural forms. The terms “website,” “site” and “sites” are used interchangeably and each includes the other within its definition.
Your use of the Side-Bar website and access to the Information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms and Conditions.
2. License Grant
In consideration for your agreement to the terms and conditions contained herein, SCCL grants you a worldwide, non-exclusive, and non-transferable license to use the Side-Bar website. Purchasers may download, view, copy, and print the Information incorporated into this Side-Bar website solely for the Purchasers’ personal, non-commercial use. The Purchasers may not transfer, share with, discuss or disseminate with anyone for any purpose the information which is identified as copyrighted, patented, or patent pending. These materials are for the sole private use of the Purchaser.
3. Copyright, Patent and Trademark Notice
All course Materials offered for purchase have been copyrighted by SCCL. The method of teaching described in the Side-Bar website and course Materials is either patent pending or patented. The name Side Bar has been Trademarked. The course Materials are identified as any Materials which a Purchaser may download and/or use. The Side-Bar website, Materials and Information are the valuable, exclusive property of SCCL or its licensors and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you, the Purchaser or any other person or entity. The Information and Materials are protected by contract law and various intellectual property laws. Except as permitted in these Terms and Conditions, you may not copy, adapt, distribute, share, discuss, use, commercially exploit, or publicly display the Information or Materials or any portion thereof in any manner whatsoever, from either the website or the courses, without SCCL's prior written consent. You, the Purchaser or any other person may not remove, alter or obscure, use, adapt, copy or mimic, any copyright, legal or proprietary Information and Materials on the website. SCCL, and its associated logos (as with Side Bar), and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of SCCL. The SCCL unique method of teaching Bar preparation is copyrighted. Any person or entity which attempts to copy or mimic this Bar Preparatory course will be prosecuted. The SCCL method of teaching the law in the individual law courses is patent pending or patented. Any person or entity which attempts to copy or mimic this method of teaching the law will be prosecuted.
Notwithstanding the foregoing license grant, you or the Purchaser may not resell, redistribute, share, broadcast or transfer the Information and Materials or use the Information and Materials (whether commercially or for free) with anyone, whether that is in person to person contact, written contact, in a searchable, machine-readable database or file, or any other method, except with written permission from SCCL. You or the Purchaser, also may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the Materials and Information from the Side-Bar website or any part thereof, or any of the Information or Materials received or accessed therefrom to or through any other person or entity. Any violation of these terms is a violation of law, will be prosecuted in both a criminal and civil court and reported to any other proper authorities, including any State Bar. Access to the Side-Bar website without the authorization of SCCL is strictly prohibited. You and the Purchaser agree to use the Side-Bar website, Materials and Information for lawful purposes only. You and the Purchaser agree not to post or transmit any information through the Side-Bar 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, (iv) contains unauthorized or malicious software such as viruses. As mentioned, the teaching methods described in the website, the Introduction Course and other places is patent pending. You and/or the Purchaser may not use, adapt, share, apply or use for any purpose, whether commercially or for free, in any manner, this method of teaching the law, other than for your own personal use to learn the law for yourself. Any exploitation of our method of teaching will be prosecuted legally. You and the Purchaser shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the Side-Bar website, it Materials or Information.
You and the Purchaser acknowledge and agree that SCCL has the right to monitor the website electronically, including but not limited to the use of the materials purchased, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the service properly, or to protect itself or its subscribers. SCCL will not disclose any private electronic-mail message unless required by law. As mentioned in paragraphs one, two, three and four above, all materials are owned by SCCL and protected by various intellectual property laws. During monitoring, if SCCL discovers that any terms of this agreement, including those in paragraphs one, two, three and four, are violated, SCCL will bring the proper legal action, including criminal charges, civil action or administrative complaints, if appropriate.
SCCL will provide an unconditional one time full refund for first time Purchasers ONLY. You and the Purchaser may cancel your enrollment/purchase once you have used, downloaded or been shipped course materials, or had access to any online bar review course or any other course content, for any reason within 15 days of Your original purchase and payment. After the 15 days, you may not receive a refund under any circumstances. To receive your refund, simply email us at any email address described or noted throughout the website within the 15 day period. Or send us a letter via U.S. mail to the address listed under paragraph 24 entitled “Notices” postmarked within the 15 day period. Your email or letter should state that you are requesting a refund, that you are a first time purchaser of any of SCCL’s materials and include your name and an address where a check made out to You can be mailed. SCCL will make every effort to mail out refunds within 15 days of receipt of the request. SCCL is not responsible for any delays in the mail or checks lost in the mail.
7. Disclaimer of Warranty/Limitation of Liability
THESE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
SCCL does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any Site, information obtained from a Site, or link to a Site. SCCL does not warrant that Sites will operate in an uninterrupted or error-free manner or that Sites are free of viruses or other harmful components. Use of information obtained from or through these Sites is at your own risk.
SCCL makes no representation regarding your ability to transmit and receive information from or through the Sites and you agree and acknowledge that your ability to access the Sites may be impaired. SCCL disclaims any and all liability resulting from or related to such events.
By offering these courses, SCCL does not guarantee the purchaser will pass the bar or any law class.
8. Availability and Modification of Materials
From time to time, there may be interruptions in Internet service, the website might be down for service or some other reason, therefore, SCCL does not guarantee that any Materials will be made available on the Site or through the Services. If the Site is not accessible, SCCL will make every effort to restore accessibility to the Materials as soon as possible. SCCL reserves the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Materials in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Materials from the services.
You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by SCCL; (ii) cause confusion, mistake, or deception; (iii) dilute SCCL’s trademarks or service marks; or 4) otherwise violate state or federal law. This SCCL Site may contain links to other websites. These links are provided for informational purposes only, and SCCL does not sponsor or affiliate with any linked entity unless expressly stated. SCCL makes no representations and assumes no responsibility for your use of links provided on the SCCL Site.
11. Password Disclosure
If, at any time, you are issued a username and/or password or other positive identifiers of the user issued and authorized by SCCL 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.
All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to SCCL on or in connection with the SCCL Site are submitted without any restrictions or expectation of confidentiality. SCCL 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. SCCL shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate it (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.
13. Privacy and Consent to Share Certain Information
The SCCL Site does not collect any personally identifying information about you except when you expressly provide it. You agree that SCCL can use your personal information for editorial, promotional, or marketing purposes, unless you request that your information not be used in such manner.
You agree to indemnify and hold SCCL harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of a Site or your placement of any content onto a Site, and to fully cooperate in SCCL’s defense against any such claims.
By offering these courses, SCCL does not guarantee the purchaser will pass the bar or any law class.
15. Disputes - Arbitration/Class Actions
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this User Agreement. You agree, that absent the ability to conduct an arbitration hearing by phone, the venue for any arbitration hearing will be within the County of San Diego, California. You also agree to pay all costs and fees to conduct the arbitration, however, if you win the arbitration, you are entitled to request the arbitrator to award you those costs and fees.
16. Limitation of Liability
IN NO EVENT SHALL SCCL OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND.
17. Limitation of Claims
Any action on any claim against SCCL must be brought by the you within six (6) months following the date the claim first accrued, or shall be deemed waived.
18. Governing Law
This User agreement shall be governed by and construed in accordance with the laws of the State of California.
Whenever possible, each provision of these terms and conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms and conditions.
20. Your Account
If you use this website, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that billing and registration information you provide on the website will be accurate and complete. SCCL and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
21. Force Majeure
SCCL shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
This User agreement is personal to you, and is not assignable, transferable or sub-licensable by you except with our prior written consent. We may not assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of this User agreement and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in this User agreement, all notices under this agreement will be in writing and will be deemed to have been duly given when received, if sent via the U.S. Post Office by certified mail (return receipt requested will not be acceptable notice). All notices are to be mailed to: Southern California College of Law LLC, 1119 S. Mission Rd #171, Fallbrook, CA 92028.
25. No Waiver
Our failure to enforce any part of this User agreement shall not constitute a waiver of our right to later enforce that or any other part of this User agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.