TERMS & CONDITIONS: Your purchase of products and services ("Programs") offered by Kaplan Test Prep, a U.S. based division of Kaplan, Inc. ("Kaplan"), and the use by you, your child or any person for whom you purchased Programs, are subject to these terms and conditions (“Terms”). Please read them carefully.
Program Fees: You agree to make full payment for Programs in the amount(s) listed in your shopping cart, the Order Confirmation email you will receive or as communicated by 1-800-KAP-TEST representatives (or by Bar Review representatives at 1-800-523-0777) during registration. Standard shipping and handling charges will be applied for print books included in your Program, if any, unless you enroll within seven days of your intended Program start date or if shipped outside the United States, in which case higher rates may apply. You agree to complete payment prior to commencing the Program, or if you select to pay in three installments for programs that are eligible for installment billing, prior to that Program's expiration.
If you select installment billing, we will make three charges to your credit card. The first installment will be larger and include 1/3 of tuition (rounding off to the nearest dollar for some amounts to make subsequent tuition installments equal dollar values), a non-refundable Registration fee, shipping and handling charges, and any applicable tax. The remaining two installments (each 1/3 of the tuition) will be charged approximately 30 days and 60 days after the first payment is processed. Failure to complete timely payment (or credit card payments being declined) may result in the discontinuation of services. Returned checks are subject to a $30 handling fee. You authorize all such charges.
Guarantee: Select Kaplan Programs offer a higher score guarantee (HSG) which may qualify you for your money back or free repeat of the Program. First, Click Here to determine if your Program is eligible for a guarantee offer. Then Click Here to view complete eligibility criteria for those select Programs. Other select Programs offer a pass guarantee. Click Here to view eligibility and additional information about the Pass Guarantee. NOT ALL PROGRAMS ARE ELIGIBLE FOR A GUARANTEE. HSG is only available for Programs purchased directly from Kaplan and does not apply to purchases made from resellers or other third party intermediaries. HSG is not a promise or representation by Kaplan of any outcome, score or increase and is solely an opportunity (where applicable) to qualify for money back or free repeat of the Program. Similarly, Kaplan does not guarantee acceptance to any school or residency program or any other such outcome.
Cancellations & Refunds: Refunds are not available once a Program has ended. Refund policies vary by Program. Click Here for information specific to your Program. Refunds may not be combined with free repeats under the Guarantee. To qualify for a refund you must return all Materials. Shipping, handling and other processing fees such as Installment Billing are non-refundable. If your tuition was paid by a third party any refund due will be paid to that third party. In no event may a refund exceed the amount that Kaplan received for the Program.
Intellectual Property: Programs are owned by Kaplan and its licensors. Programs are for your personal and non-commercial use only. You may not enroll in any Program for the benefit of any competitor of Kaplan. Programs may not be shared, resold, reproduced, republished, modified, transferred or distributed in any way without Kaplan’s prior written permission. All books, video, audio, text, questions, explanations, text, diagrams, images, animations and other content that you receive or to which you have access during your Program, regardless of medium or format, (collectively, “Program Content”), are protected by copyright law and belong to Kaplan and its licensors. You may not download, record, screenshot, copy or reproduce Program Content in any way. You may not attempt to decompile, reverse engineer, scrape or datamine Programs.
Programs may include digital access to Program Content. Subject to your compliance with these terms and conditions, Kaplan grants you a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content during the access period of your Program. Most Programs have access periods of between 30 and 90 days. Access periods may be viewed from the account management page of your online account. The trademarks, service marks, designs, and logos displayed on Kaptest.com are the registered and unregistered trademarks of Kaplan and of Kaplan's licensors and may not be used without Kaplan’s prior, written permission.
When you set up an account, you must choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party. You agree to notify Kaplan immediately if you suspect any unauthorized use of your account or access to your password. Kaplan has the right to terminate your account for any reason at our sole discretion without notice to you.
Mobile Devices: Programs may offer Content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Class Schedule and Location Changes: Class schedules and locations are subject to change and/or cancellation. Kaplan will notify you of any changes or cancellations. If an alternative Kaplan Program does not meet your needs, Kaplan will provide a full refund.
Tutoring Policies (other than for the Bar Examination): If you purchase tutoring, you and your tutor(s) will plan a schedule that is mutually convenient. If a local Kaplan tutor is unavailable in your area or a mutually convenient schedule cannot be reached, Kaplan will provide a refund of unused tutoring hours. If you need to cancel or postpone a lesson, you must directly notify your tutor at least 24 hours in advance. Failure to do so will result in a deduction of the hours from your tutoring package or payment of a $100 rescheduling fee, at Kaplan’s discretion. For in-home tutoring, students under the age of eighteen must have a parent, guardian, or other responsible adult present at all times. If you enroll in a tutoring package without a classroom course, your tutoring package may not be eligible for the Higher Score Guarantee or money back offer.
Tutoring Policies for Bar Examination Review: All tutoring sessions are delivered via phone or video chat. Tutoring sessions are non-refundable after the first session has commenced. If you miss a scheduled session, Kaplan will make efforts to reschedule that session. If a mutually convenient rescheduled appointment cannot be reached, the hours for that missed session will be forfeited.
Technical Requirements: You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Program. Access to Programs may require internet access, for which Kaplan is not responsible. Please visit www.kaptest.com to understand the specific requirements for your Program. If you have selected a QBank option, you acknowledge that Kaplan does not allow Qbank Question Histories to be reset.
Student Code of Conduct: Kaplan may remove from Programs students whom Kaplan deems in its discretion to be disruptive to the learning environment, dangerous to other students, or to have acted in a manner that shows lack of dignity and respect for faculty and/or students. Students removed from Programs for violations of the Code of Conduct are not eligible for refunds.
International Students: If you study in the U.S. on a international student visa, you are responsible for complying with all of terms of that visa, including timely departure from the U.S.
Disclaimer and Limitation of Liability: PROGRAMS ARE PROVIDED “AS IS” AND KAPLAN DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
IN NO EVENT SHALL KAPLAN BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF KAPLAN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KAPLAN’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.
Use of Your Personal Data: We may use your Personal Data in the following ways:
Disclosure of Your Personal Data: We do not share your Personal Data with third parties for their marketing purposes, though we may share your Personal Data with other Kaplan companies, including Manhattan Prep. We may disclose your Personal Data 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 Personal Data to our new business partners or owners who may then provide you with information about their products and services. We may share your Personal Data with trusted third parties who are delivering services to Kaplan. Kaplan may disclose anonymous data with third parties. We may also share your information with third parties that you have specifically designated as authorized to receive information from us. For example, if you are a Bar Review student, subject to your consent we may provide information about your participation and performance to your law school.
If payment for your Program was made by a third party or if you are a student of an institution that contracted with Kaplan to provide you with the Program, that third party or institution may request access to your academic records. You authorize Kaplan to share your academic records with that third party or any representative of that party.
Transfer of Data Outside of Your Home Country: Your Personal Data will be held in the United States. Your Personal Data may also be stored, processed and accessed in other countries where Kaplan has facilities or where you are located. You consent to the transfer of your Personal Data outside your country, including to the United States.
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. The Personal Data we obtain from students allows Kaplan to deliver smarter, more efficient and more effective instruction.
Arbitration & Class/Collective Action Waiver
Any and all disputes arising from or related to this Agreement, other than disputes relating to intellectual property infringement, 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 in accordance 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 largest city within 100 miles of your permanent residence. Judgment on the arbitral award may be entered in any court having jurisdiction thereof.
To the maximum extent permitted by law, should you wish to initiate a legal action against Kaplan, 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 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.
Export: Software related to or made available by the Program may be subject to United States export controls. Thus, no software from the Program may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to Programs you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. Further, by using any of the Program you represent and warrant that you are not on any United States government list of restricted or prohibited persons with whom a United States company may do business.
Tax: Purchases may be subject to taxes in many states. Tax rates are different from state to state. You are responsible for paying all such taxes.
Consent and Release
This Agreement supersedes all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties. The agreement cannot be changed or modified orally. Any change or modification must be in writing and agreed to by both parties. If any provision of this Agreement 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 this Agreement shall continue in full force and effect.
Contact: All comments, queries and requests relating to our use of your Personal Data or to these Terms are welcomed and should be addressed as follows:
By mail: Kaplan Inc. 750 Third Avenue, 7th Floor, New York, NY 10017
By phone: 800- 527-8378
By fax: 800-878-4364
By email: email@example.com
Rev. February 2018