
Please read these Terms & Conditions carefully before using this website.
By visiting and using any of the products and services (sometimes referred to as
“Program”) sold by Bar Exam Coaching by Yohanna LLC (d/b/a Bar Exam Coaching by
Yohanna) (sometimes referred to as “the Company”), you (sometimes referred to as
“Client”) agree that you have read, understood, and agree to the following Terms and
Conditions (“Terms”).
PARTICIPANTS:
You acknowledge that you have reviewed, understood and agreed to these Terms. The
Company reserves the right to offer additional program elements from time to time, for
any subgroup of participants. These additional program elements are a bonus, not a
part of the services included in the base version of the Program. The selection of the
participants who may participate in any additional program elements is at the sole
discretion of the Company.
The Company controls and operates the Program from offices in the United States. The
Company does not represent that the Program or its content is appropriate or available
for use in other locations. People who choose to access the Program from other
locations do so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY:
This Program includes materials protected by intellectual property laws, including
without limitation written text, logos, photos, videos, music, art, designs and/or graphics.
You may view and use materials from this Program for personal, noncommercial
purposes only. Any reproduction or unauthorized use of any materials found on this
program shall constitute infringement. Original materials that have been provided to
Client are for Client’s individual use only and a single-user license.
Sharing of login passwords with anyone other than the Client is not only unethical but
illegal. You agree to keep your username and password confidential. During the
registration process for any service or product, you agree to provide true, accurate,
current and complete information about yourself. If the Company reasonably suspects
that you have provided false information, shared your username and password with
anyone else, or forwarded any non-public material from the Program to any other
person, the Company may suspend or terminate your account and refuse any and all
current or future use of the Program or its content, in whole or part, without refund. Any
personally identifiable information you provide as part of the registration process is
governed by the terms of the Company’s website Privacy Policy.
You agree that any violation or threatened violation of the intellectual property rights in
these Terms would cause irreparable injury to the Company that may not be adequately
compensated by damages, entitling the Company to obtain injunctive relief, without
bond, in addition to all legal remedies.
YOUR LICENSE TO THE ELEVATE YOUR IRAC GROUP PROGRAM:
By posting or submitting any material during the Program such as comments, posts,
photos, designs, graphics, images or videos or other contributions, you are representing
to us that you are the owner of all such materials and you are at least 18 years old. You
are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual,
irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify,
transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or
display your contributions, in whole or in part, in any manner or medium, now known or
developed in the future, for any purpose, and granting us the right to make it part of the
Company’s current or future Program and content. This right includes granting us
proprietary rights or intellectual property rights under any relevant jurisdiction without
any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including
teleconference calls, webinars, or other communications, that may be made by the
Company during the Program that may contain you, your voice and/or your likeness. In
the Company’s sole discretion, we reserve the right to use these photographs, videos,
and or/audio recordings and/or any other materials submitted by you to the Company or
created by the Company in connection with your participation in the Program, without
compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and
identify you as the author and individual depicted in any comments, posts, photos,
images, videos or other contributions created by you or the Company, or by name,
email address, or screen name, for any purposes, including commercial purposes and
advertising. You acknowledge that we have the right but not the obligation to use any
contributions from you and that we may elect to cease the use of any such contributions
in the Program or in our content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the
Program or any third-party forum or website operated by the Company, or anything
captured by the Company during your participation in the Program, including images in
which your face is visible and recognizable.
CLIENT BEHAVIOR IN THE ELEVATE YOUR IRAC PROGRAM:
You are strictly forbidden from the following:
• Causing damage to the Program
• Harassing, fighting with, or being disrespectful to the Company’s representatives or
other participants.
• Using the Program or any website or third-party forums operated by the Company to
transmit, send or deliver unsolicited communications or for other marketing or
advertising purposes
• Sharing private and proprietary information from other participants with anyone else
• Discriminatory speech, hate speech, comments, or actions against another participant
based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or
other labels
• Using this Program for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using this Program to copy, store, host, transmit, send, use, publish or distribute any
spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Systematically or automatically collecting data from this Program
• Sharing private and proprietary information from online courses with anyone else
• Sharing any information you learn about other Program participants except in very rare
circumstances where disclosure is required by law.
The Company may, without notice or refund, terminate or refuse access to its Program,
in whole or part, to any person who fails to comply with these Terms.
You are responsible for your material and for any liability that may result from the
material you post. You participate, comment, and post material at your own risk. Any
communication by you on the Company’s website and any third-party forums operated
by the Company, whether by leaving a comment, participating in a chat, public or private
forum, or other interactive service, must be respectful. You may not communicate or
submit any content or material that is abusive, vulgar, threatening, harassing, knowingly
false, defamatory or obscene or otherwise in violation of any law or the rights of others.
You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post,
comment or submission to the Company’s and any third-party forums operated by the
Company. The Company does not, however, have any obligation to monitor posts,
comments, or material submitted by third parties. The Company neither endorses nor
makes any representations as to the truthfulness or validity of any third-party posts,
comments, or material on the Company website or any third-party forums operated by
the Company. The Company shall not be responsible or liable for any loss or damage
caused by third-party posts, comments, or materials on the Company website and any
third-party forums operated by the Company.
DISCLAIMERS:
This Program provides information only, and does not provide any financial, legal,
medical or psychological services or advice. None of the content on this program
prevents, cures or treats any mental or medical condition. You are responsible for your
own financial, legal, physical, mental and emotional well-being, decisions, choices,
actions and results. The Company disclaims any liability for your reliance on any
opinions or advice contained in this program. This Program is not intended to be a
substitute for professional advice that can be provided by your own accountant, lawyer,
financial advisor, or medical professional. You should consult with a professional if you
have specific questions about your own unique situation.
You acknowledge that there is an inherent risk in all forms of electronic communication,
and communications between you and the Company may be unlawfully intercepted by
third parties not under our control. The Company does not guarantee the security of any
information transmitted via the Internet, telephone, video conference, or other electronic
media. Any efforts you undertake to communicate with the Company are done at your
own risk.
INDEMNIFICATION:
You agree to defend, indemnify, release, and hold harmless the Company and any
directors, officers, agents, contractors, partners, assigns, successors-in-interest and its
and their employees from and against any and all claims, damages, obligations, losses,
liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising
from or in connection with: (i) your use of the Program or its content in violation of these
Terms, (ii) any breach by you of these Terms or any representation and warranty made
by you herein, (iii) any comment, post, or material you submit to the Company’s website
or any third-party forum or website operated by the Company, (iv) your use of materials
or features available on the Program or its content (except to the extent a claim is based
upon infringement of a third-party right by materials created by the Company) or (v) a
violation by you of applicable law or any agreement or terms with a third party to which
you are subject.
IMPORTANT EARNINGS DISCLAIMER - NO GUARANTEE OF
RESULTS OR EARNINGS:
You agree that the Company has not made and does not make any specific
representations about the earnings or results you may receive. The Company cannot
and does not guarantee that you will achieve any particular result or earnings from your
use of the Program, and you understand that results and earnings differ for each
individual.
LINKS TO THIRD-PARTY PRODUCTS, SERVICES, OR SITES:
Any links to third-party products, services, or sites are subject to separate terms and
conditions. The Company is not responsible for or liable for any content on or actions
taken by such third-party companies. Although the Company may recommend third-
party sites, products or services, it is your responsibility to fully research such third
parties before entering into any transaction or relationship with them.
NO WARRANTY:
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THIS PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS PROGRAM OR ANY
OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PROGRAM, OR
THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE THIS PROGRAM, INCLUDING ITS MATERIALS,
PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR
SERVICES MADE AVAILABLE THROUGH THIS PROGRAM.
GENERAL TERMS:
These Terms shall be governed by and construed in accordance with the laws of the
State of Texas, without giving effect to its conflict of laws. The nearest state and federal
courts to Houston, Texas shall have exclusive jurisdiction over any case or controversy
arising from or relating to this Program, including but not limited to the Privacy Policy or
these Terms. By using this Program you hereby submit to the exclusive jurisdiction and
venue of these courts and consent irrevocably to personal jurisdiction in such courts
and waive any defense of forum non conveniens. The prevailing party in any dispute
between the parties arising out of or related to these Terms, whether resolved by
negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and
costs from the other party.
If any provision of these Terms is held invalid or unenforceable, the remainder of these
Terms will remain in full force and the invalid or unenforceable provision will be replaced
by a valid or enforceable provision. Any waiver by a party of a breach of these Terms
does not equal approval or waiver by that party in any subsequent breach or violation.
This is the entire agreement of the parties and reflects a complete understanding of the
parties with respect to the subject matter. This agreement supersedes all prior written
and oral representations.
The Company may change, modify or update these Terms at any time without notice.
Any access or use of this Program by you after the Company posts such changes shall
constitute consent of such modifications. If you have any questions or concerns about
these Terms, contact yohanna@barexamcoachingbyyohanna.com.
FINANCIAL OBLIGATION AND FEES:
The fee for this Program is 1 payment of $1,500 USD.
DURATION, TERMINATION, AND CANCELLATION:
Upon payment, you have access to the Program up until the bar exam. Access to the
Program ends after day 2 of the bar exam. The Company reserves the right in its sole
discretion to refuse or terminate your access to the Program and its content, in full or in
part, at any time without notice. The Company may terminate your participation in the
Program at any time, without refund, if you breach any part of these Terms. In the event
of cancellation or termination, you are no longer authorized to access the part of the
Program or its content affected by such cancellation or termination. The restrictions
imposed on you in these Terms with respect to the Program and its content will still
apply now and in the future, even after termination by you or the Company.
If you would like to cancel your access and participation in the Program, you must
provide the Company with written notice (including e-mail). Your access to the materials
and Content of the Program will be immediately terminated upon your notice of
cancellation. You will not be issued a refund for any remaining days or months of the
Program after your cancellation.
In the event you decide to cancel, any remaining installment, default, or late payments
will be due immediately.
REFUND:
We want you to be satisfied with your purchase and encourage you to take full
responsibility and give your best effort to actively participate in the Program and apply
all of the strategies you learn. Due to the extensive time and effort involved in creating
and delivering the Program, all sales are final, and the Company does not provide a
refund of the fee.
FORCE MAJEURE:
The Company shall not be deemed in breach of these Terms if it is unable to provide all
of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of
God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company
or any local, state, federal, national or international law, governmental order or
regulation or any other event beyond the Company’s control (collectively, “Force
Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give
notice to you of its inability to perform or of delay in completing the Program and shall
propose revisions to the schedule for completion of the Program or other
accommodations, or may terminate these Terms.
CONTACT:
If you have any questions, contact the Company directly at: