Page 7 - 2017-2018 COMLEX-USA Bulletin of Information
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II. TERMS AND CONDITIONS





                         the candidate, caused by NBOME or any of its employees, officers, directors, or agents
                         is limited to a refund by NBOME to the candidate of any fee paid by or for the candidate
                         to NBOME, which refund shall be the sole and exclusive remedy of the candidate or
                         others for any wrong claimed against NBOME or its employees, officers, directors, or
                         agents, provided neither NBOME nor its employees, officers, directors, or agents shall
                         be liable to the candidate or any other person for any indirect, consequential, punitive, or
                         unforeseeable damages in any event.

                         8. release for Prior acts or omissions. By purchasing a COMLEX-USA examination,
                         the candidate thereby unconditionally releases and discharges NBOME, its employees,
                         officers, directors and agents (Released Parties) from any and all claims, liabilities,
                         damages, or losses whatsoever, known or unknown, that arise out of or are related to
                         any act or omission, including any negligent or other wrongful act or omission, of the
                         Released Parties or any of them, that occurred prior to the date the candidate
                         purchased that examination.

                         9. Choice of Law. The provisions, terms and conditions of this BOI, including Terms and
                         Conditions accepted by the candidate, shall be governed by and construed only under
                         the laws of the state of Indiana. Any claim by or for the candidate against NBOME or its
                         employees, officers, directors, or agents, and any claim by NBOME against the
                         candidate, arising out or relating to any COMLEX-USA examination, shall be considered
                         and resolved only under the laws of the state of Indiana (to the exclusion of the laws of
                         any other state, and without regard to the conflict of law provisions or law of any state),
                         or under any applicable federal law.

                         10. Forum selection, Personal Jurisdiction. The candidate expressly agrees that any
                         claim, demand, or complaint whatsoever by or for the candidate against NBOME, or any
                         of its employees, officers, directors, or agents, shall be brought only in a court of
                         competent jurisdiction located in Marion County, Indiana, to the exclusion of all other
                         courts and jurisdictions. The candidate acknowledges and agrees that NBOME is
                         incorporated as a nonprofit corporation in the state of Indiana, that NBOME
                         examinations are administered in all 50 states of the United States and elsewhere, that it
                         is reasonable for the laws of the state of Indiana, the place of incorporation of the
                         NBOME, to be applicable, and that any claim, demand, or complaint by the candidate
                         against the NBOME, its employees, officers, directors, or agents be brought only in a
                         court of competent jurisdiction located in Marion County, Indiana, to the exclusion of all
                         other state laws and jurisdictions. The candidate expressly agrees and submits to the
                         jurisdiction of courts of competent jurisdiction located in Marion County, Indiana.


                         11. Violation by Candidate. If the candidate violates any of his or her obligations to the
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