Last Updated: July, 2013
Welcome to Kaplan Test Prep, a division of Kaplan, Inc. (together with its subsidiaries and affiliates, "Kaplan" or "we" or "us"). By visiting Kaptest.com (the "Site"), you agree to be bound by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time and will make the most recent version available on the Site. By using this Site and continuing to use the Site after any modifications, you agree to the terms and to be bound by any such changes.
Personal Use Only: This Site is for your personal use only. Commercial use of the Site or of any Site content is prohibited.
Children: 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.
Copyrights: All content, applications, digital downloads, data compilations on the Site and all text, photographs, graphics, video and audio included in them ("Site Materials") are the property of or licensed to Kaplan, Inc. The Site contain material that is protected by copyright, trademark, or other intellectual property rights, and the Site themselves are protected as a collective work under the copyright laws of the United States and other countries. Except for User Content (defined under User Content section below) that you own, you may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site Materials.
Trademarks: The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Kaplan and of Kaplan's licensors. You may not use the 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. You may not frame the content of the Site without express, written consent by Kaplan. You may not use metatags or any other "hidden text" that incorporates the Kaplan Trademarks or our name without our express written consent.
User Content: By submitting content, regardless of form or medium, (collectively, "User Content"), you grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, license to use, publish, publicly display and sublicense User Content, in whole or in part, in original form or as edited or modified by us, in all languages, forms and media, on the Site and elsewhere, unless otherwise agreed to in writing. We reserve the right, but not the obligation, to edit, modify and/or remove your Content without prior notice.
You are solely responsible for your User Content, and you represent that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) use a false identity or impersonate any other person or use a name that you are not authorized to use; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability or is otherwise inappropriate.
Reporting to Copyright Agent: If you are a copyright owner or agent thereof and believe that any of the Site Materials infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (VI) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached as follows:
By mail: Attn: Copyright Agent
550 West Van Buren Street
Chicago, IL 60607
By phone: (800) 527-8378
By fax: (800) 878-4364
By email: firstname.lastname@example.org
DISCLAIMERS; LIMITATIONS ON LIABILITY. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ALL INFORMATION ON THE SITES AND/OR INCLUDED IN E-MAILS DISTRIBUTED TO YOU BY US IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL KAPLAN BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Linked Site: We do not endorse and are not responsible for the availability or content of other services that may be linked to our Site.
Waiver of Jury Trial: The parties hereby irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to these Terms and Conditions.
Choice of Law and Forum: Any dispute between us arising from or related to these Terms and Conditions will be governed by New York law and the exclusive forum for disputes arising from or related to this agreement shall be the state and federal courts of New York.
Severability: If any provision of this Agreement is ruled unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable.
Information We Collect
When you visit the Site, we may send one or more cookies–a small file containing a string of characters–to your computer that uniquely identifies your browser. Cookies make it easier for you to log on to and use the Site during future visits. Our servers may automatically record information when you visit our Site. These servers' logs may include information such as your web request and Internet Protocol address.
We collect information that you voluntarily provide to us, including personally identifying information such as your name, postal address, e-mail address, educational background, educational goals and interests, and credit card information ("personal data").
Use of Your Information
We may use your personal data in the following ways:
- for the purpose you provided personal data, for example to enroll you in one of our courses, to process your order of one of our products or to respond to a specific inquiry;
- to enhance your experience of other Kaplan products and services;
- to administer, support, improve and develop our business;
- to send you information about Kaplan products or services and information that we believe will be of interest to you or to send you information about select third party's products or services that may be of interest to you (although you may choose upfront that we not share your personal data with these third parties by notifying us at email@example.com);
- to allow you access to the Site to post your content or communicate with others; and
- as otherwise described to you at the point of collection.
Disclosure of Your Information
We do not share your information with third parties for their marketing purposes. We may disclose your information in response to legal process, to protect our rights, as otherwise required by law, or for the prevention or detection of a crime. If we sell our company or part of it, or our business enters into a joint venture with another business entity, we may disclose your information to our new business partners or owners who may then provide you with information about their products and services. We may share you data with service providers who help us to run the Site or to fulfill your request. We may share your data with our affiliates and subsidiaries.
Transfer of Data Outside of Your Home Country
Your information will be held in the United States. Your information may also be stored, processed and accessed in other countries where Kaplan has facilities. By using the Site, you consent to the transfer of your information outside your country, including to the United States.
Your Ability To Choose
You can let us know if you do not want us to send you information by taking the following steps:
- To stop further delivery of informational emails, click the opt-out link at the bottom of these messages;
- To let us know about your other communication preferences, either call 1-800-KAP-TEST or send an email to firstname.lastname@example.org. Please identify all the email addresses, postal address information, and phone numbers that you may have submitted to us, so we can ensure that we respect your wishes.
You can let us know if you do not want us to share your data with other companies by either calling 1-800-KAP-TEST, or sending an email to email@example.com. Again, please identify all the data you have submitted to us, so we can ensure that all your email addresses, postal address information, and phone numbers are marked "do not share."
Security & Information Retention
We employ security measures to protect your information both online and offline from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.
Changes to This Policy
Updating My Profile
If you are a registered member of the Site, you may review and update your personal data by clicking the "Update My Profile" icon on your membership page. If you have any questions about our treatment of your data, or if you wish to update your personal data, you can call us at 1-800-KAP-TEST or send an email to firstname.lastname@example.org.
395 Hudson Street
New York, NY 10014
All comments, queries and requests relating to our use of your information are welcomed and should be addressed as follows:
By mail: Kaplan, Inc. 550 West Van Buren Street, 2nd Floor, Chicago, IL 60607
By phone: 800- 527-8378
By fax: 800-878-4364
By email: email@example.com