MBE BAR PREP CHARTS – TERMS AND CONDITIONS

These Terms and Conditions (“Agreement”) are a legal agreement between you (referred to herein as “you” or “your”) and Colby Berman, Esq. (“my” or “mine”) for your purchase, download and use of my bar preparation material and information (“Content”) at https://mbevisualguide.company.site (“Website”).

By accessing this Website, you agree to be bound by the terms and conditions of this Agreement. If any of these terms are unacceptable to you, or in the event that any future changes are unacceptable to you, your right to access the Website and use my Content ceases immediately and you shall either return or destroy your version of my Content. Your continued use of my Website and the Content now or following the posting of any changes in this Agreement will indicate acceptance and agreement by you of such changes.

1 SCOPE OF AGREEMENT. CONTENT USE AND OWNERSHIP

1.1Website and My Content. The Website is accessible for your purchase and download of my Content. You may purchase and download my content. You acknowledge and agree that we only provide and deliver the Content as consideration for your payment of the purchase price described herein or on the Website as well as your compliance with the terms and conditions of this Agreement. Upon your download of the Content we fully performed our obligation to deliver the Content.

1.2Personal use. The Content is provided to you by me for your personal, educational, and non-commercial use only ("Purpose").

1.3Ownership of Content. All material within my Content (including, without limitation the layout, look, order, design, graphics, logos, and images, as well as the selection and arrangement thereof), is my property, and is protected by copyright, trademark, and other applicable laws.

1.4License of Content. I grant you, and you hereby accept, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license ("License"), to use my Content solely for the Purpose. Solely and exclusively within the Purpose, you may download, copy, screenshot, print, and create derivative works of the Content for your personal and non-commercial use only.

1.5Limitation of License. For the avoidance of doubt, the Content may not be shared, re-sold, reproduced, re-published, modified, uploaded, transferred, or distributed in any way without my prior written permission. Use of the Content for purposes competitive to me is expressly prohibited.

1.6Trademarks on my Website. Trademarks and logos displayed on my Website are either our registered or unregistered trademarks or of other third parties. All of these trademarks and logos are the property of their respective owners. Nothing on my Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or logo without the owner’s prior written permission, except as otherwise described herein.

1.7Third Party Links. My Website may contain links to other websites (i.e. Facebook, Twitter, and Pinterest) which I have no control over. I am not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. A link to another website does not constitute an endorsement of that site, or of any product or service offered on that website. This Agreement does not apply to these other websites. Be sure to read the user agreements that govern your use of these other websites.

2 REPRESENTATIONS AND WARRANTIES

2.1You warrant that you will not share the Content, use the Content commercially, share it with others for their personal use, and/or create derivative works for any other use than the Purpose.

2.2I neither warrant nor represent:

(a)That your use of materials within the Content will not infringe rights of third parties not affiliated with me;

(b)the accuracy, reliability, or completeness of any information provided; or

(c)that access to the Website and Content will be error-free and available at all times.

3 LIABILITY

3.1DISCLAIMER. I provide the Website and Content using a commercially reasonable level of skill and care, and I expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. THE WEBSITE AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE TERMS AND CONDITIONS OF THIS AGREEMENT.

3.2WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, I EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.

3.3IF YOU PAY FOR AND/OR DOWNLOAD THE CONTENT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE PURCHASE AND DOWNLOAD OF THE CONTENT.

3.4LIMITATION OF LIABILITY. IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL I BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR USE OF THE CONTENT OR WEBSITE, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4 GENERAL

4.1This Agreement takes precedence over any conflicting or additional language in purchase orders or any other documents.

4.2Assignment. Any rights granted hereunder are intended for the benefit of the parties to this Agreement and shall not be exercisable by any person who is not a party to this Agreement.

4.3Jurisdiction. Any dispute under the Agreement, and your relationship with us under the Agreement, shall be governed by the laws of New York without regard to its conflict or choice of laws provisions.

4.4Notice of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please reach out to visualguides4success@gmail.com with the following information:

(a)identification of the copyrighted work claimed to have been infringed;

(b)identification of the material that is claimed to be infringing or to be the subject of

infringing activity, and information reasonably sufficient to permit me to locate the material; and

(c)information reasonably sufficient to permit me to contact the complaining party.

4.5Refunds. Refunds are not available once the Content has been purchased and/or downloaded.

4.6Support. In the event that you encounter an error in access or use of the Website or Content, you can reach out to visualguides4success@gmail.com during regular business hours. I will reply within a reasonable time and shall use commercially reasonable efforts to fix your requested support.