Terms of Use

The website located at www.shepbarprep.com (the "Site") and the bar exam preparation materials, courses, practice questions, study tools, and related content accessible through the Site (collectively, the "Licensed Materials") are copyrighted works belonging to Durham Lex, Inc., a Delaware corporation (operating under the Shep Bar Prep brand) ("Company," "us," "our," and "we"). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use (these "Terms") set forth the legally binding terms and conditions that govern your use of the Site and Licensed Materials. By accessing or using the Site or any Licensed Materials, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. You may not access or use the Site or Licensed Materials if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site or Licensed Materials.

1. Accounts

1.1 Account Creation

In order to use certain features of the Site and access the Licensed Materials, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 9.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You shall not share your Account credentials with any third party. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. License Grant

2.1 License

Subject to these Terms, Company grants you a personal, non-transferable, non-assignable, non-exclusive, revocable, limited license to use and access the Site and Licensed Materials solely for your own individual bar examination study purposes. This license is for your personal, noncommercial use only. You may print or download portions of the Licensed Materials solely for your personal study use, provided that you retain all copyright and other proprietary notices on such copies. No other rights are granted.

2.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not share your Account credentials with any third party; (b) you shall not license, sell, rent, lease, transfer, assign, sublicense, distribute, host, or otherwise commercially exploit the Site or Licensed Materials, whether in whole or in part, or any content displayed on the Site; (c) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or Licensed Materials; (d) you shall not access the Site or Licensed Materials in order to build a similar or competitive website, product, or service; (e) you shall not copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site or Licensed Materials in any form or by any means except as expressly permitted in Section 2.1; and (f) you shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Site or Licensed Materials. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site or Licensed Materials shall be subject to these Terms.

2.3 Modification

Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Licensed Materials (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or Licensed Materials or any part thereof.

2.4 No Support or Maintenance

You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or Licensed Materials.

2.5 Ownership

Excluding any User Content that you may provide (defined below), you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, Licensed Materials, and all content therein are owned by Company or Company's licensors. Neither these Terms (nor your access to the Site or Licensed Materials) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its licensors reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2.6 Feedback

If you provide Company with any feedback or suggestions regarding the Site or Licensed Materials ("Feedback"), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

3. User Content

3.1 User Content

"User Content" means any and all information and content that a user submits to, or uses with, the Site or Licensed Materials (e.g., content in the user's profile or practice submissions). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2 License

You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site or Licensed Materials. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy

The following terms constitute our "Acceptable Use Policy": You agree not to use the Site or Licensed Materials to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligation imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site or Licensed Materials any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site or Licensed Materials unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site or Licensed Materials to harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Licensed Materials; (v) attempt to gain unauthorized access to the Site or Licensed Materials (or to other computer systems or networks connected to or used together with the Site or Licensed Materials); (vi) harass or interfere with any other user's use and enjoyment of the Site or Licensed Materials; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site or Licensed Materials.

3.4 Enforcement

We reserve the right (but have no obligation) to review, refuse, and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.

4. Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Licensed Materials, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

5. Third-Party Links & Ads; Other Users

5.1 Third-Party Links & Ads

The Site or Licensed Materials may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.

5.2 Other Users

Each Site user is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

5.3 Release

You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site or Licensed Materials (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

6. Disclaimers

THE SITE AND LICENSED MATERIALS ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY (AND OUR SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SITE OR LICENSED MATERIALS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR LICENSED MATERIALS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.

THE LICENSED MATERIALS ARE PROVIDED FOR EDUCATIONAL AND STUDY PURPOSES ONLY. COMPANY MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY THAT YOUR USE OF THE LICENSED MATERIALS WILL RESULT IN SUCCESSFUL PASSAGE OF ANY BAR EXAMINATION OR OTHER PROFESSIONAL LICENSING EXAMINATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR LICENSED MATERIALS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND LICENSED MATERIALS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Independent Study Tool Disclaimer

Bar Prep by SHEP is an independent study tool. It is not affiliated with, endorsed by, or sponsored by the National Conference of Bar Examiners (NCBE) or any state board of bar examiners. Use of this product does not guarantee admission to the bar or passage of any examination.

9. Subscription Term; Termination

9.1 Subscription Term

The license granted under these Terms becomes effective when you first access the Licensed Materials and continues through your applicable Subscription Term. The "Subscription Term" begins on the date you purchase access to the Licensed Materials and automatically expires at 11:59 p.m. local time in the jurisdiction of the bar examination you selected on the day following your scheduled bar examination administration (e.g., the July or February administration). Subscriptions do not auto-renew.

9.2 Effect of Expiration

Upon expiration of the Subscription Term (or earlier termination), your license immediately ends and you must cease all use of the Site and Licensed Materials and delete any permitted downloads or copies in your possession or control.

9.3 Fees and Refunds

You may request a full refund of your purchase price within four (4) calendar days of your original purchase date, provided that, at the time of your request, your account has had fewer than two (2) essay submissions graded and fewer than ten (10) rule drills completed since your purchase; activity from a free trial or guest session before your purchase does not count against these thresholds. After four (4) calendar days, or once your post-purchase activity meets or exceeds those usage thresholds, all fees are non-refundable, except that Company may, in its sole discretion, offer an extension or credit if the applicable bar examination authority postpones or cancels the examination after your purchase date. Company may also, in its sole discretion, offer a refund or credit outside this policy as a courtesy; any such accommodation is voluntary, does not waive this policy, and does not entitle any customer to the same or a similar accommodation. For purchases made on or before July 14, 2026, the version of this policy in effect at the time of purchase applies. For full details, see our Refund Policy.

9.4 Termination for Breach; Suspension

We may suspend or terminate your rights to use the Site and Licensed Materials (including your Account) immediately upon notice for any breach of these Terms, any violation of law, or for any reason at our sole discretion. Company may also suspend your access without notice pending investigation of suspected violations.

9.5 Effect of Termination

Upon termination of your rights under these Terms, your Account and right to access and use the Site and Licensed Materials will terminate immediately. You must immediately cease all use of the Site and Licensed Materials and delete any permitted downloads. You understand that any termination of your Account may involve deletion of your User Content. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.

9.6 Survival

Even after your rights under these Terms are terminated or expire, Sections 2.2 through 2.6, Section 3, Section 4, Section 5, Section 6, Section 7, Sections 9.2, 9.4, 9.5, and 9.6, Section 10, and Section 11 will remain in effect.

10. Copyright Policy

Company respects the intellectual property of others and asks that users of our Site do the same. If you believe that one of our users is, through the use of our Site or Licensed Materials, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• Your physical or electronic signature;
• Identification of the copyrighted work(s) that you claim to have been infringed;
• Identification of the material on our services that you claim is infringing and that you request us to remove;
• Sufficient information to permit us to locate such material;
• Your address, telephone number, and email address;
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

The designated Copyright Agent for Company is:

11. General

11.1 Changes

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. Continued use of our Site or Licensed Materials following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

11.2 Dispute Resolution; Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.

Arbitration Agreement: You agree that any dispute between you and Company relating in any way to the Site, the Licensed Materials, the services offered on the Site, or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and Company may assert individualized claims in small claims court if the claims qualify; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights.

Informal Dispute Resolution: Before commencing arbitration, the initiating party must provide written notice and the parties must personally meet and confer via telephone or videoconference in a good faith effort to resolve the dispute within 45 days.

Arbitration Rules: Arbitration will be conducted by JAMS. Disputes involving claims under $250,000 are subject to JAMS' Streamlined Arbitration Rules; all other claims are subject to JAMS' Comprehensive Arbitration Rules (available at www.jamsadr.com). The arbitrator shall have authority to award any remedy available at law or equity to an individual claimant.

Waiver of Class Action and Jury Trial: YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL FOR ALL COVERED DISPUTES.

30-Day Opt-Out: You have the right to opt out of the arbitration agreement by sending written notice to Durham Lex, Inc., 178 Thompson Street, Apt. 4C, New York, New York 10012, or by email to legal@shepbarprep.com, within 30 days after first becoming subject to these Terms.

Any court actions permitted under this section shall be brought exclusively in the state or federal courts located in New York County, New York.

11.3 Export

The Site and Licensed Materials may be subject to U.S. export control laws. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

11.4 Electronic Communications

For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if in hardcopy writing.

11.5 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Site and Licensed Materials. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the other provisions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent. Company may freely assign these Terms.

11.6 California Residents

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

12. Contact Information

Copyright © 2026 Durham Lex, Inc. All rights reserved. All trademarks, logos, and service marks displayed on the Site or in the Licensed Materials are our property or the property of other third parties. You are not permitted to use these marks without our prior written consent or the consent of such third party that may own the marks.