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:

yohanna@barexamcoachingbyyohanna.com.