Page 8 - 2017-2018 COMLEX-USA Bulletin of Information
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II. TERMS AND CONDITIONS





                         NBOME, including but not limited to these Terms and Conditions, NBOME may in its
                         sole discretion consider such violation to be Irregular Conduct and not score or void the
                         score of the candidate’s examination and assign a “Fail” score, and/or impose other
                         sanctions, as NBOME may determine in its sole discretion, in addition to all other
                         remedies available to NBOME, including injunctive relief, monetary damages, costs, and
                         reasonable attorneys’ fees. The candidate also acknowledges and agrees that NBOME
                         likely will have no adequate remedy at law and is or shall be entitled to injunctive and/or
                         other equitable relief, and shall not be obligated to post any bond, to prevent or limit
                         violation by the candidate of his or her obligations to NBOME.


                         12. attorneys’ Fees, Costs. NBOME has the right to recover from the candidate all
                         attorneys’ fees and costs incurred by NBOME (or others acting on behalf of the NBOME)
                         to enforce the candidate’s obligations under the BOI or incurred by NBOME to defend
                         any claim made by or for the candidate against NBOME or its employees, officers,
                         directors, or agents.

                         13. miscellaneous. The BOI is legally binding upon the candidate, his or her heirs,
                         estate, successors and assigns, and any person or entity acting for the candidate. No
                         provision, term, or condition may be waived by the NBOME without the expressed
                         written consent of an authorized officer of NBOME. If any provision, term, or condition of
                         the BOI is unenforceable for any reason, the remaining provisions, terms, and conditions
                         shall remain in full force and effect, as if the unenforceable provision did not exist. A
                         paper copy of the BOI may be requested at any time, at no fee. If any term or condition
                         is required to be in writing for any purpose, the candidate may, by a clear written
                         statement delivered to NBOME, withdraw his or her consent to that term or condition
                         being in electronic form for future examinations, acts, or omissions; provided all the
                         terms and conditions shall be and remain legally binding upon the candidate for any and
                         all examinations scheduled or administered to the candidate and acts and omissions of
                         NBOME occurring prior to delivery to NBOME of any such withdrawal of consent to this
                         agreement and terms and conditions being in electronic form, and candidate may not
                         register for, schedule, or take any further examination of NBOME unless and until he or
                         she has executed and delivered to NBOME his or her agreement to these terms and
                         conditions in paper form.


                         14. amendments. NBOME may in its sole discretion, at any time and from time-to-time,
                         without the consent of any candidate, amend the terms, conditions, procedures, and/or
                         obligations of candidates set forth in the BOI, by publishing the amendment on the
                         NBOME website, www.nbome.org; provided any amendment shall not alter the
                         candidate’s obligations relating to any COMLEX-USA examination taken by the
                         candidate prior to publication of the amendment on NBOME’s website.
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