Rev. August, 2022
Children Under the Age of 13: No one under the age of 13 may provide any information to or post any information on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not (i) use or provide any information on the Site or on or through any of its features, (ii) create an account on the Site, (iii) make any purchases through the Site, (iv) use any of the interactive or public comment features of the Site, or (v) provide any information about yourself to us.
Intellectual Property: All content and functionality on the Site, including text, graphics, logos, icons, images, diagrams, animations, audio, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, programs, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works (collectively, the “Content”) are owned by Kaplan, Inc., its direct or indirect subsidiaries, affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these terms, Kaplan grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site and, if applicable, any programs or services you purchase solely for your own personal, non-commercial use. Sharing, selling or attempting to transfer your license is prohibited. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, re-publish, download, store or transmit any of the material on the Site, Content or in any programs or services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Site, Content, or any programs or services.
Resell, share, distribute, download, record, screenshot, copy, lease, transfer or commercially use the Site, Content, or any programs or services.
Create or attempt to create a substitute or similar service or product through the use of or access to the Site, Content, or any proprietary information.
Delete, deface or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site, Content, or any programs or services.
Decompile, scrape, disassemble, reverse-engineer or otherwise attempt to steal the software code of the Site, Content, or any programs or services.
Trademarks: The Site, Content, and the programs or services feature logos, company names, product names, service names, designs, slogans and other trademarks and service marks (collectively, the “Marks”) that are registered and unregistered Marks of Kaplan, its direct or indirect subsidiaries, licensors, or third party providers. All of these Marks are the property of their respective owners. Nothing contained in the Site, Content or in any of the programs or services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without written permission of Kaplan or any such third party that may own a Mark displayed on the Site, Content, or any programs or services. Kaplan reserves all rights not expressly granted in and to the Site, Content, or any programs or services.
Third Party Links and Frames
Kaplan prohibits (i) the framing of any materials available through this site, and (ii) "deep linking" to pages of the Site other than the main page. Kaplan reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to this site.
Third Party Sellers: Kaplan may provide links to websites operated by third parties. Kaplan makes no representations about any third party websites that you may access through this Site (“Third Party Sellers”). Kaplan is not liable or responsible for products and services purchased from Third Party Sellers (“Third Party Products”) or for the acts or omissions of Third Party Sellers. Third Party Sellers are solely responsible for information on the Site about their Third Party Products. Kaplan does not endorse or sponsor Third Party Sellers or Third Party Products. If you visit a Third Party Seller’s website or purchase or use Third Party Products you do so at your own risk.
Links to Third Party Sites. The content on this Site may include links to third-party websites and third party web sites may link to the Site ("Linked Sites"). If You use these links, You will leave the Site. Kaplan provides these links to you as a convenience to deliver services and content. Kaplan does not make any representations or take responsibility for such third-party sites, including, without limitation, the accuracy or quality of their content, services, data collected, advertising, and activities conducted on or through such third-party sites. If You decide to access any of the third-party websites linked to from the Site, You must follow the privacy policies and terms and conditions for those third-party websites. YOU AGREE THAT KAPLAN WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
User Content: If You submit comments, photos and other content to us (“User Content”) through the Site, social media communities, survey responses, email or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
Copyright. Kaplan is committed to complying with copyright and related laws and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content through the Site in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA.
The Notice of Infringement contains requested information that substantially complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Our Copyright Agent can be reached as follows:
Attn: Copyright Agent
1515 W Cypress Creek Road
Fort Lauderdale, FL 33309
By phone: (312) 385-1246
By email: email@example.com
Passwords: Should you decide to set up a Kaplan account, You must choose a user id and password. You are solely responsible for maintaining the confidentiality of your user id and password and for any and all use of your account. If you purchase a subscription, the subscription is non-transferable and is to be used only by you. You agree not to disclose your user id or password to any third party. Sharing of user ids and passwords is a violation of this Agreement and will result in immediate suspension of your access to the product or services without refund. Kaplan has the right to terminate your account for any reason at our sole discretion without notice to you.
Disclaimer of Warranty: THE Site, ITS CONTENTS AND THE SERVICES AVAILABLE ON THE Site ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. KAPLAN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE Site, ITS FUNCTIONALITY AND THE PROGRAMS AND SERVICES OFFERED ON THE Site, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer or limitation of warranties, so the disclaimers set forth above may not apply to you.
Limitation of Liability: IN NO EVENT SHALL KAPLAN, ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE AND/OR ANY CONTENT, MATERIALS OR SERVICES AVAILABLE AT THE SITE. Some states do not allow the disclaimer or limitation of damages, so the disclaimers set forth above may not apply to you.
Sanctions and Export Compliance: Kaplan complies with U.S., UK, EU, and other economic and/or trade sanctions and export laws and regulations. Kaplan products and services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kaplan to any registration requirement within such jurisdiction or country. Thus, no Kaplan software or services may be used, downloaded by, exported, or re-exported in violation of sanctions laws to: (a) a person located, organized, or ordinarily resident in any country that is the subject of comprehensive sanctions imposed by the U.S., UK, EU, or UN; (b) any person listed on any U.S., UK, EU, or other relevant sanctions- or export controls-related list of prohibited or restricted parties, including but not limited to the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Nationals, the U.S. Commerce Department's Denied Persons List or Entity List, the UK sanctions list, or the EU consolidated list of persons, groups, and entities subject to EU financial sanctions; (c) any entity 50% or more owned, directly or indirectly, or controlled by any such person(s) described in (a) or (b); or (d) to any person otherwise blocked by or the subject of sanctions imposed by the U.S., UK, EU, or other relevant government or governing body. Access to this Site, software, free products or course trials, applications for admission, purchases, services, paid products, and payment or funding plans may be subject to additional review to ensure ongoing compliance with legal requirements. Current students or customers traveling or relocating outside of the U.S. may be unable to access the learning management system, services, and courses from countries or regions subject to economic and/or trade sanctions by the Office of Foreign Assets Control (OFAC) or other authorities.
Arbitration and Class/Collective Action Waiver: Any and all disputes arising from or related to this Agreement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable rules of the American Arbitration Association (as modified herein) in accordance with the Federal Arbitration Act. The arbitration shall be governed by and construed by federal law to the fullest extent possible. Unless otherwise agreed by the parties, the arbitration shall take place in the state of Florida.
To the maximum extent permitted by law, should You wish to initiate a legal action against Kaplan in arbitration, You waive any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Kaplan or a related entity is a party. The same applies to Kaplan's legal actions against You. Thus, You and Kaplan agree that each may bring claims in arbitration against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both You and Kaplan agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over a representative or class proceeding.
Tax: Purchases may be subject to taxes. Tax rates are different from state to state. You are responsible for paying all such taxes.
Miscellaneous: These Terms supersede all prior oral or written agreements and constitute the entire agreement between the parties. Terms cannot be changed or modified orally. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms shall continue in full force and effect.
Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:
By mail: Kaplan Inc. 1515 W Cypress Creek Road, Fort Lauderdale, FL 33309
By email: firstname.lastname@example.org
Do not access or use the Site if you are unable to affirm any of the statements below:
Certification and Release
You certify that neither you nor any person contributing to payment for Kaplan programs or services on your behalf are on any list of restricted persons with whom it is unlawful for a United States company to do business, or located in a jurisdiction where your use would violate law or regulation;
You certify that neither you nor any person contributing to payment for Kaplan programs or services on your behalf are an employee, contractor, or current or former official of the Government of Venezuela including all political subdivisions, agencies, or instrumentalities thereof);
You certify that you are not enrolling in the program or service in order to, nor will engage in any activity while enrolled in the program or service that will, cause Kaplan to violate any sanctions or export controls law, rules, and regulations;
You acknowledge that access to the program or service may cease when traveling or relocating outside the U.S. into countries or regions subject to economic and/or trade sanctions by the U.S. Treasury Department or other authorities;
Program sessions may be delivered through communications technologies including but not limited to Zoom, AdobeConnect, Brightcove, WebEx, E360 where recording may be enabled by the instructors or coaches (collectively "host(s)"). You will receive a notification (visual or otherwise) when recording is enabled in a class, tutoring or coaching session. You agree that Kaplan and any third party technology vendor used to deliver the instruction, has consent to record any participation you choose to engage in during the sessions (i.e. chats, shared screen time initiated by you). The recordings may be made available to other Kaplan students for instruction, may be used internally for quality assurance and training to improve the programs or services, or for other internal purposes; and