Date: March 2018
By using the Site, you agree to all of these Terms. We may, in our sole discretion, revise these Terms at any time without notice. Users should visit this page periodically to review these Terms. Continued use of this Site after we have revised these Terms indicates that you accept them as revised. If you do not accept these Terms, you may not access the Site or use any of the services or content provided on or through the Site.
“Content” means all of the services and information provided on the Site, including, without limitation, all of the images, graphics, headers, text logos, icons, design, layout, software and source code, sound, video files, and data.
Permissible and prohibited use of this site
You are granted a limited license to access and make personal use of the Site, subject to these Terms. You agree to use the Site only for lawful purposes and to comply with all local, state, and federal laws, statutes, rules, and regulations. You agree not to take any action that might damage or compromise the security of the Site or render the Site inaccessible to others. You agree not to use the Site in any manner that might interfere with the rights or privacy of others.
You are prohibited from using the Site to attempt to alter or modify any data, software applications, or other materials posted and/or displayed by SBM, BLE or others or to collect or attempt to collect any information from others, including personally identifying information. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data or information not intended for you, (b) accessing an account that you are not authorized to access, (c) probing, scanning, or testing the vulnerability of the site, or breaching any security or authentication measures, regardless of your motives or intent, or (d) interfering with or disrupting the Site.
Violations of the security of the Site may result in civil or criminal liability, and SBM and BLE retain the right to a) investigate occurrences that may involve such violations, b) notify and assist law enforcement authorities in the investigation and prosecution of such violations, and c) report such violations to bar admission agencies and attorney regulatory authorities.
All contents of the Site are property of SBM, BLE, or others and are protected by United States copyright laws. Unauthorized use of protected content is prohibited. You may not sell or modify the content or reproduce, display, distribute, share, transfer, or copy any content from the Site.
Trademarks and logos
You acknowledge that “SBM,” “BLE,” and other SBM and BLE related logos and marks appearing on the Site are the sole property of SBM and/or BLE and may be registered in the United States Patent and Trademark Office. Any use of these marks requires our prior express written consent. You shall not display, disparage, dilute, or taint the trademarks, or use any confusingly similar marks or names, or use the marks in a way that misrepresents who the proper owner is.
Links to other sites
SBM and BLE have not reviewed the sites linked to the Site and are not responsible for the content of any linked sites. The inclusion of any link does not imply endorsement by SBM or BLE of any linked sites. Use of any linked site is at the user’s own risk.
Disclaimer of warranties
THIS SITE AND ITS CONTENT IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SBM AND BLE, (INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND ITS CONTENTS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NEITHER SBM NOR BLE WARRANTS OR MAKES ANY REPRESENTATIONS CONCERNING THE ACCURACY OR RELIABILITY FROM USING ANY OF THE DATA, INFORMATION, SOFTWARE APPLICATIONS, OR OTHER MATERIALS PROVIDED BY OR THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL SBM, BLE OR ANY OF THEIR OFFICERS, DIRECTORS, AFFILIATE ENTITIES, AGENTS, EMPLOYEES, OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN ANY WAY FROM THE USE OF OR INABILITY TO USE THE DATA, INFORMATION, SOFTWARE APPLICATIONS, ACCOUNTS, OR OTHER MATERIALS ON THE SITE, REGARDLESS OF THE CAUSE OR DURATION.
Obligation of users located outside the United States
If you are located outside the United States, you acknowledge that the personal data that you provide to us is being transferred to the United States. When you submit any personal data to us, you consent to this transfer and all related transfers (e.g., to bar admission authorities, if applicable) and you agree not to make any transfer except as permitted by applicable local law in your location. We make no representations that the Site, its content, or any services provided on the Site are appropriate or available for use outside the United States. Accessing the Site from locations where the Site, its content, our services, or reasonably expected communications resulting from your use of the Site are, or may be, illegal is prohibited. If you are using the Site from outside the United States, (a) you are responsible for compliance with all local laws, (b) you represent and warrant that you are authorized to release to us the information collected through this Site, and (c) you release SBM and BLE from any and all claims, demands, and damages (actual, consequential, direct, and indirect) arising out of or connected with any violation of applicable local law.
SBM and BLE may revise or modify these Terms or any Site content at any time without notice. By using this Site, you are agreeing to be bound by the then-current version of these Terms.
Termination and investigations
Our failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Choice of law and choice of forum
Any claim, action, or proceeding arising out of these Terms or your use of this Site shall be governed by and construed in accordance with the laws of the United States and the state of Michigan, without regard to principles of conflict of laws. Any claim, action, or proceeding related to the Terms or your use of the Site will be resolved exclusively in the state or federal courts located in the state of Michigan and you consent to the exclusive jurisdiction of those courts.
These Terms constitute the whole legal agreement between you and us and governs your use of the Site and any content and completely replace and supersede any prior agreements between you and us, whether written or oral, in relation to the Site or any service thereof.
If any provision of these Terms is determined to be unlawful, void, or unenforceable for any reason by a proper legal authority, then that provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.
We are committed to protecting your privacy, and this portion of the Terms describes our practices and procedures as they relate to information collected through the Site. We own the information collected, and by providing personal information online, you consent to allow us to use that information in accordance with these Terms.
Information we collect and how we use it
- Personal information
You are not required to provide any personal information to browse or access the public area of the Site. However, to access or use certain services at the Site, you are required to provide personal information. “Personal information” is information that is unique to you, and includes, but is not limited to, your email address, telephone number, name (and any formerly used names), date of birth, Social Security or national identification number, and information regarding your legal education, background, credentials, and related matters.
We use your personal information for the purposes described where it is collected. Generally, we use your personal information for identification purposes when providing or performing services you have requested. Additionally, we use personal information to protect you and us from fraudulent transactions, and to investigate inappropriate or unauthorized use of our services, accounts, or intellectual property or other assets. We may use aggregated personal information for research and statistical purposes related to bar admissions and bar examinations. We do not use personal information for marketing or promotional purposes.
- Cookies and tracking technologies
Our web server monitors traffic by automatically recording every visitor's host, domain name, pages visited, length of user sessions, browser type, and/or IP address. We may use Google Analytics to track interaction with specific features of our website. We do not (and do not allow any third party to) use this service to track, collect, or upload any data that personally identifies an individual, or other data which can be reasonably linked to such information by Google. For information on how Google Analytics collects and processes data, please review “How Google uses data when you use our partners' sites or apps” located at www.google.com/policies/privacy/partners/.
- Credit card information
All credit card transactions are processed through a third-party provider. Your credit card information is used to bill you for services. We do not use credit card information for any other purpose and do not store or disclose credit card information.
We have physical, technical, and administrative safeguards in place to protect your personal information. Despite our security measures, no data transmission over the Internet or electronic storage is 100 percent secure. As a result, we cannot and do not warrant the security of your personal information.
Messages that you send to us by email may not be secure and use of email is not recommended for sending confidential or sensitive information to us.
Disclosure of personal information to third parties
SBM and BLE may disclose your personal information to each other or to other third parties with whom either of us have a direct or indirect business or contractual relationship, in order to deliver and support the services or products we provide. For example, we may disclose your personal information, such as name, date of birth, Social Security number, and your account information to third parties that use and/or administer bar examinations for purposes of accurately reporting your exam scores and ensuring exam integrity and security.
We may disclose your personal information to bar admission agencies for purposes of character and fitness investigations, including, but not limited to, disclosure of the jurisdictions to which you have previously applied and the dates of any such applications. When conducting a character and fitness investigation, we may disclose your personal information to third parties we contact during the investigation, including but not limited to your name (and any formerly used names) and date of birth.
We reserve the right to use or disclose your personal information when we reasonably believe it is needed to (a) respond to information requests by law enforcement or other governmental authorities; (b) comply with any law, regulation, subpoena or other legal process, or court order; (c) investigate and help prevent security threats, fraud, malicious activity, or inappropriate, unauthorized, or illegal activity involving our examinations, services, or networks; or (d) enforce or protect our rights and property, including intellectual property. In these four circumstances, we may disclose your personal information to such third parties as we deem reasonably necessary without notice to you.
How to access or correct your personal information
Access to your personal information is available through your account. Log in to your account to edit your account profile or to change your password or email address. We keep a record of changes (including deletions) and may disclose or use the record for lawful purposes, including investigation of fraudulent, inappropriate, unauthorized, or illegal activity or for security purposes.
Certain services we provide may have specific processes for correcting or updating personal information, such as information submitted in a character and fitness application or associated with a test registration. Refer to the specific instructions for those services or contact us for instructions.
If you request to close your account, we will mark your account as “Closed” but will keep your account information in our database in order to deter fraud and to prevent transfer or sharing of accounts.
Except as set forth in this section regarding your SBM Character and Fitness Application, we will retain your personal information for as long as we deem appropriate and necessary.
We follow these policies in determining when an SBM Character and Fitness Application may be deleted from our website server:
• An unused application may be deleted after 90 days.
• An application that is never submitted may be deleted after one year of disuse.
Diane VanAken, Character and Fitness Mgr
State Bar of Michigan,
306 Townsend St., Lansing, MI 48933
Michigan Board of Law Examiners
Maribeth D. Preston, Executive Director
Michigan Hall of Justice
P.O. Box 30052
Lansing, MI 48909