App OnTrack User Terms and Conditions

These User Terms and Conditions (the “Terms”), in connection with LSAC’S Privacy Notice (“Privacy Notice”), Student Code of Conduct, and any other related LSAC policies or procedures (the Privacy Notice and Code of Conduct, and all related policies or procedures referred to, collectively, as the “Policies”) govern your access to and use of any feature of the Law School Admission Council, Inc.’s (“LSAC”) App OnTrack program (“App OnTrack”).

YOUR PURCHASE OF AND PARTICIPATION IN APP ONTRACK DOES NOT GUARANTEE YOUR ADMISSION TO LAW SCHOOL, THAT YOUR LSAT SCORES WILL IMPROVE OR THAT YOU WILL ACHIEVE A CERTAIN LEVEL OF PERFORMANCE OR SUCCESS IN LAW SCHOOL.

At its sole discretion and at any time and without prior notice, LSAC may change or modify App OnTrack or any aspect of it, so long as such changes do not materially reduce the features or functionality available to you. LSAC may also impose limitations on certain features within App OnTrack or restrict your access to parts of, or the whole product, without any prior notice or incurring any liability to you.

LSAC PROVIDES App OnTrack TO YOU SOLELY IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND THE POLICIES AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH BOTH THE TERMS AND POLICIES. BY CLICKING THE “ACCEPT” BUTTON BELOW, YOU (A) ACCEPT THESE TERMS AND THE POLICIES AND AGREE THAT YOU ARE LEGALLY BOUND BY BOTH THE TERMS AND POLICIES; AND (B) REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT.

Program Account

In order to utilize App OnTrack, you will be required to maintain an account with D2L Brightspace, the third-party electronic facility which provides the infrastructure for delivery and maintenance of App OnTrack, as well as a free account with LawHub, which provides direct access to D2L Brightspace. You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your accounts. You agree to (a) immediately notify LSAC of any unauthorized use of your accounts or any other breach of security; (b) ensure that you exit from your accounts at the end of each session; (c) provide true, accurate, current and complete information about yourself when purchasing (the “Registration Data”); and (d) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or LSAC has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, LSAC has the right to suspend or terminate your access to App OnTrack. You may be responsible for harm or losses incurred by LSAC due to someone else using your accounts as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s accounts at any time.

LSAC CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LSAC FROM ANY LOSS, HARM, OR OBLIGATION ARISING OUT OF SUCH FAILURE.

Collection and Use of Data

In order to provide App OnTrack to you, LSAC collects, processes, and tracks data about you and your use of App OnTrack, including without limitation, purchase information, available demographic information and information on assignment submission, attendance at virtual events, and course engagement (collectively, “Student Information”). Our collection, use, transmission and processing of Student Information is further described in, and is subject to, these Terms, LSAC’s Privacy Notice and all other Policies available on LSAC.org.

App OnTrack Contents

The materials and content accessible to you through App OnTrack, including, but not limited to: (a) discussion boards and community building exercises; and (b) text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models, and software (collectively, the “App OnTrack Contents”), are the property of LSAC and are protected by the applicable patent, copyright, trademark, and trade secret laws of the United States and other countries. Except as otherwise expressly permitted under the Policies, you may only download copyrighted material for your own personal use; provided, that, you are explicitly prohibited from modifying the App OnTrack Contents in any way and/or modifying or otherwise altering any copyright, trademark and other proprietary notices on the App OnTrack Contents. You may not copy, store (either in hard copy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, frame, deep link to, or otherwise use the App OnTrack Contents in any manner inconsistent with the rights of LSAC, including, but not limited to, any use of the App OnTrack Contents for any commercial purpose, without the prior written consent of LSAC.

Cancellation and Termination

You may cancel your access to App OnTrack at any time by providing notice of cancellation to us [VIA EMAIL] [IN THE APP]. LSAC may terminate your access to App OnTrack immediately upon notice to you in the event you breach the Terms. Termination is at LSAC’s sole discretion and without any ability to appeal such removal. Termination will result in the removal of access to App OnTrack and D2L Brightspace. If you cancel your access to App OnTrack or LSAC terminates or suspends your access because you breached these Terms, you will not be entitled to any refund of any fees or payments. Except as set forth herein, all fees are non-cancellable and non-refundable.

Notices

By creating a D2L Brightspace and free LawHub accounts and accessing App OnTrack, you consent to the delivery of any legally required notices by LSAC to the e-mail address associated with your accounts at the time a notice is sent.

DISCLAIMER OF WARRANTIES

D2L BRIGHTSPACE, LAWHUB, APP ONTRACK, APP ONTRACK CONTENT, AND ALL LSAC MATERIALS ARE PROVIDED “AS IS.” NEITHER LSAC NOR ANY OF ITS SERVICE PROVIDERS, AFFILIATES, AGENTS OR EMPLOYEES, MAKES ANY OTHER WARRANTY AND EACH DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, CONDITIONS OR DUTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR PURPOSE OR USE; (C) OF RESULTS, ACCURACY, VALIDITY, COMPLETENESS OF INFORMATION, FUNCTIONALITY OR AVAILABILITY; (D) OF LACK OF VIRUSES OR OTHER HARMFUL CODE; (E) OF PRIVACY OR SECURITY; (F) OF INDEMNITY; (G) ANY CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE; (H) OF TITLE OR QUIET ENJOYMENT; OR (I) OF LACK OF INFRINGEMENT. IF ANY SUCH DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE DUTY WILL BE MEASURED BY GROSS NEGLIGENCE. WITHOUT LIMITING THE FOREGOING, LSAC MAKES NO WARRANTY OF ANY KIND THAT THE PLUS PROGRAM WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR OTHERWISE ERROR FREE.

PARTICIPATION IN APP ONTRACK IS VOLUNTARY AND IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. APP ONTRACK, AND ANY MATERIALS, INFORMATION, OR GUIDANCE PROVIDED IN CONNECTION WITH APP ONTRACK, DO NOT GUARANTEE AND SHOULD NOT BE CONSTRUED AS GUARANTEEING THAT A PARTICIPANT’S LIKELIHOOD OF ADMISSION TO ANY LAW SCHOOL, PERFORMANCE ON THE LAW SCHOOL ADMISSION TEST (LSAT), OR PROSPECTS FOR EMPLOYMENT, AFFILIATION, OR ANY OTHER CAREER OPPORTUNITY RELATED TO A CAREER IN LAW WILL BE IMPROVED OR INCREASED BY THEIR PARTICIPATION OR ENROLLMENT IN APP ONTRACK. LAW SCHOOL ADMISSION DECISIONS, LSAT PERFORMANCE, AND ACADEMIC OR PROFESSIONAL OUTCOMES ARE DETERMINED BY NUMEROUS FACTORS BEYOND THE CONTROL OF LSAC AND APP ONTRACK. ACCORDINGLY, LSAC MAKES NO REPRESENTATION, WARRANTY, OR ASSURANCE REGARDING ANY PARTICULAR RESULT OR OUTOME ARISING FROM PARTICIPATION IN APP ONTRACK.

IN NO EVENT WILL LSAC BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF LSAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LSAC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, LOSS OF DATA, LOST OPPORTUNITIES, OR ANY OTHER TYPES OF DAMAGES. IN NO EVENT SHALL LSAC, LSAC’S LICENSORS AND/OR SERVICE PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO LSAC BY YOU IN CONNECTION WITH YOUR USE OF APP ONTRACK DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, save, defend, and hold LSAC and each of LSAC’s successors, assigns or licensees (together with any of their respective officers, directors and employees) harmless against any damages, losses, liabilities, judgments, costs or expenses (including any attorneys’ fees and costs) arising out of claims by any third party relating to your use of App OnTrack, or any breach or violation of these Terms or Policies.

Waiver and Severability of Terms

The waiver of any provision of these Terms or the Policies shall not be considered a waiver of any other provision or of LSAC’s right to require strict observance of each of the terms herein. If any provision of these Terms or the Policies is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Force Majeure

LSAC shall not be held liable for any delay or failure in performance of any part of App OnTrack by reason of any cause beyond LSAC’s reasonable control, including acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, pandemics, public health emergencies, war, terrorist acts, riots, fires, explosions, earthquakes, nuclear accidents, floods, hurricanes, tornadoes, major storms, strikes, power or telecommunications outages affecting facilities, or acts or omissions of vendors, suppliers or common carriers.

Entire Agreement

These Terms, together with the other Policies referenced herein, constitute the entire agreement between you and LSAC and govern your use of App OnTrack, superseding any prior version of the Terms.

Governing Law

These Terms shall be deemed to be made under and governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A. without regard to its conflicts of law rules. All disputes brought with respect to this Agreement shall be brought exclusively in the U.S. District Court for the Eastern District of Pennsylvania, and each party consents to personal jurisdiction and venue therein, waives any claim or defense that such forum is not convenient or proper, and consents to service of process by any means authorized by said law. For questions, please contact LSAC via email at LSACInfo@LSAC.org.