Kaplan, Inc. User Agreement
Last Updated: November, 2008
By using the Site, you agree to be bound by this contract. If you do not accept the Agreement, do not use the Site.
Changes To The Agreement
We may change this Agreement at any time, so we encourage you to review it periodically before using the Site. To assist you in doing this, we will make the most recent version of the Agreement available on the Site, and we will indicate at the top of the Agreement the most recent date when it was modified.
By continuing to use the Site after we modify the Agreement, you accept the new version of the Agreement. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Agreement. If you do not agree to the changes, you should not continue to use the Site and should instead contact us by emailing firstname.lastname@example.org.
Scope Of License
In exchange for your acceptance of this Agreement, you are authorized to use the Site, but only for personal and noncommercial purposes. In particular, you cannot use the Site to generate revenue or to distribute or redistribute any portion of the Site.
The Site contains material that is protected by copyright, trademark, or other intellectual property rights, and the Site itself is protected as a collective work under the copyright laws of the United States and other countries. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site.
You may link to the home page of the Site as long as the link does not cast us in a false or misleading light. Please let us know if you link to the Informational Site by contacting us at email@example.com.
You may not frame the content of the Informational Site. You may not use metatags or any other “hidden text” that incorporates the Kaplan Trademarks or our name without our express written consent.
The Site is intended for the use of adults 18 years or older and children over the age of 13. You are not permitted to use the Site if you are under the age of 13. By using the Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the Site or to attempt to contact children under 13 through the Site.
In exchange for your access to the Site, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Site or that could cause injury to yourself, to us, or to anyone else.
Without limitation, you agree not to attempt to:
Last Revised: November 2008
KAPLAN is concerned with the security of your personal data. Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.
Sharing with Third Parties
Links to Other Web Sites
Transfer of Data Outside of Your Home Country
Your information may be stored, processed and accessed in the United States or any other countries where Kaplan has facilities. By using the Sites, and the KAPLAN services, you consent to the transfer of information outside your country.
Questions about Data Collection and Processing
You may ask questions about the data you have submitted through this KAPLAN Site by using the information below to contact KAPLAN.
Your Ability To Choose
You can let us know that you do not wish us to share your information with third parties for marketing purposes or to notify you about our own products and services and special offers by [opting out at the time that you submit your Student Matching Profile or by] sending us a written request by email to firstname.lastname@example.org. When composing your email, please include the word "Unsubscribe" in the subject line.
Web Site Materials. Copyright on the Kaplan Site and all materials included in it is owned by or licensed to Kaplan and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Kaplan Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the Kaplan Site (including computer programs or other code) ("Site Materials"), except that you make a reasonable number of machine-readable copies of the Site Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials.
KAPLAN, the Kaplan Logo, and any other trademarks on the Kaplan Site are trademarks owned by Kaplan, Inc. ("Kaplan Trademarks"). You may not use the Kaplan Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.
Linked Websites And Advertising
As a convenience to users, we may provide links to third-party content, websites or services. We do not endorse, sponsor, control, or otherwise accept responsibility for this material, except to the extent that we otherwise control it.
Disclaimer Of Warranty; Limitation Of Liability
You understand that the Site is provided purely for your entertainment, and we do not guarantee that the information provided on the Site will be accurate or updated. We do not guarantee that we will continue to provide the Site, that the Site will be available at any particular time or from any particular place, or that it will continue to function in the manner that it currently functions. You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Site or become aware of your identity through the use of the Site, and you understand that, while such behavior is a violation of this Agreement, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the Site. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.
IN NO EVENT WILL WE, OUR PARENTS OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITE OR CONTENT CREATED ON OR THROUGH THE SITE).
THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.
Governing Law; Integration; No Waiver; Severability; Termination
You agree that any dispute between you and us will be governed by the laws of the United States of America and the State of New York, without regard to choice of law rules, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of New York. If you are located outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the State of New York, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.
You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the United States, we may satisfy our obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Services or by sending a paper communication to you at the postal address that you provided when you registered for the Services. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.
Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.
If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.
We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.
Limitation Of Scope
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access to and use of the Site.