Terms & Condition
Barcast Audio disseminates law school and bar exam preparation products, content, information and other materials, both digitally and in printable format, through the form of both purchasable and freely accessible audio content, visual content, text content, downloadable files, print materials, online applications, and software (collectively, the “Barcast Audio Materials”). The Barcast Audio Materials include but are not limited to the following:
- Barcast Audio Outlines Full Library (Evidence, Civil Procedure, Contracts, Constitutional Law,
- All other audio, visual, video, and text content disseminated for the purpose of bar exam preparation or law school preparation through the Barcast Audio Website, other online channels, and/or in print format
Please carefully read these terms and conditions (these "Terms and Conditions") before using this website (the "Barcast Audio Website") or any Barcast Audio Materials.
Barcast Audio LLC ("Barcast Audio ", "we" or "us") is the owner of the Barcast Audio Website and Barcast Audio Materials. The Barcast Audio Website contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the "Information") that is either owned or licensed by Barcast Audio.
By purchasing, accessing, using, or downloading from the Barcast Audio Website or purchasing, accessing, using, or downloading any Barcast Audio Materials, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Barcast Audio Website or any Barcast Audio Materials.
You hereby acknowledge and agree as follows:
Barcast Audio grants you a worldwide, non-exclusive, and non-transferable license to use the Barcast Audio Website. You may download, view, copy, and print the Information incorporated into the Barcast Audio Website solely for your personal, noncommercial use.
However, please feel free to share the Barcast Audio Website for the purpose of helping Barcast Audio reach more law students and bar takers!
You shall use the Barcast Audio Website, Information, and Barcast Audio Materials for lawful purposes only.
You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, or store the Barcast Audio Website, Information, or any Barcast Audio Materials received or accessed to or through any other person or entity without the express consent of Barcast Audio.
Your license to access the Barcast Audio subject SOUNDWISE™ feed may be revoked after more than 12 months of inactivity or for violation of SOUNDWISE™
You shall not purchase any Barcast Audio Materials for any other purpose than to prepare for a law school exam or bar exam.
Barcast Audio, LLC provides a 14-money-back-guarantee. However, Barcast Audio reserves the right to refuse refunds attempted in the 14 days following the administering of any State Bar Exam or Uniform Bar Exam©.
Example: Sam bought Barcast: Evidence on July 28th before his July 30th and 31st Bar Exam. Sam would not be able to refund his and Barcast purchase until August 15th and by then, the 14-day-window would have lapsed. Thus, Sam would not be able to refund his purchase.
These Terms and Conditions and any claim, controversy, or dispute arising out of or relating to the Terms and Conditions or you use of the Barcast Audio Website, Information, or Barcast Audio Materials shall be governed by and construed in accordance with the laws of the State of New York, without reference to any conflict of law principles. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Nassau County, New York, and you irrevocably agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts of Nassau County, New York are an inconvenient forum.
You acknowledge and agree that no warranties of any kind are made with respect to the Barcast Audio Website, Information, or Barcast Audio Materials. Furthermore, you acknowledge that the Information and links provided through the Barcast Audio Website are compiled from sources that are beyond the control of Barcast Audio. Though such Information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and that Barcast Audio and its licensors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE BARCAST AUDIO WEBSITE, INFORMATION, AND BARCAST AUDIO MATERIALS ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. BARCAST AUDIO DOES NOT WARRANT THAT THE BARCAST AUDIO WEBSITE, INFORMATION, OR BARCAST AUDIO MATERIALS WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. BARCAST AUDIO EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BARCAST AUDIO SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE BARCAST AUDIO WEBSITE, INFORMATION, OR BARCAST AUDIO MATERIALS INCLUDING BUT NOT LIMITED TO BARCAST AUDIO ATTACK OUTLINE, BARCAST AUDIO FLASHCARDS, BARCAST AUDIO QUICKSHEETS, BARCAST AUDIO ESSAY TEMPLATES, OR BARCAST AUDIO MBE CORE PRACTICE EXAMS. Under these Terms and Conditions, you assume all risk of errors and/or omissions in the Barcast Audio Website, Information, and Barcast Audio Materials, including the transmission or translation of Information.
IN NO EVENT SHALL BARCAST AUDIO OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUES, OR OTHER ECONOMIC LOSSES WHETHER DEEMED DIRECT OR CONSEQUENTIAL AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED $250.00.
Any action on any claim against Barcast Audio must be brought by the user within one year following the date the claim first accrued or shall be deemed waived.
You agree to defend, indemnify, and hold Barcast Audio and its employees, agents, licensors or contractors harmless from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to your use of the Barcast Audio Website, Information, or Barcast Audio Materials, including without limitation, your violation of these Terms and Conditions, in each case whether or not caused by the negligence of Barcast Audio or its employees, agents, licensors or contractors and whether or not the relevant claim has merit.
If any provision of this these Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
Barcast Audio reserves the right to update the Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking on the "Terms" link located at the bottom of the Barcast Audio Website.
The Terms and Conditions constitute the entire agreement between you and Barcast Audio. This agreement may not be modified except by Barcast Audio.