Updated: August, 2015
This is the User Agreement for Kaplan DREAMers Education Initiative (the "Site"), which is operated by Kaplan, Inc. ("Kaplan," "we," or "us").
Your use of the Site is only on the condition that you agree to abide by the following terms:
Changes to the EUA
Kaplan reserves the right to change or modify this EUA or any additional terms at its sole discretion at any time. If you do not agree to the modified terms of the EUA for the Site, you should discontinue your use, because your continued participation constitutes binding acceptance of the modified EUA. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Agreement.
Restrictions on Participation
Do not misuse the Site or any of the content provided on the Site. You may not interfere with the presentation or delivery of the content on the Site or try to access the Site using any method other than the interface and the instructions that we provide.
As a condition of accessing the Site, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site other than as expressly allowed under this EUA; (b) use Kaplan's name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; (e) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (g) otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
All content or other materials available on the Site, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files, and other content, are the property of Kaplan, Inc. and/or its affiliates or licensors, and are protected by copyright, patent, and/or other proprietary intellectual property rights under the United States and foreign laws.
In consideration for your agreement to the EUA, Kaplan grants you a personal, non-exclusive, non-transferable license to access and use the Site. You may not commercially exploit content from the Site, nor may you distribute derivative works from the material on the Site. The burden of determining that your use of any information, software, or any other content on the Site is permissible rests with you.
Disclaimer: Forum Participation
The Site includes forums containing the personal opinions and other expressions of the participants, who post entries on a wide range of topics. Neither the User Content (as defined below) on the Site, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by Kaplan. By posting to or viewing such forums, you agree that Kaplan is not responsible or liable for the content of any postings therein. Kaplan reserves the right (but not the obligation) to remove any content from such forums in its sole discretion.
Rules for Online Conduct
You agree to use the Site in accordance with all applicable laws. You agree that you will not use the Site for organized partisan political activities. You also agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Site:
Content that defames, harasses, or threatens others
Content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
Content that infringes or misappropriates another's intellectual property rights, including, but not limited to, copyrights, trademarks, patents, or trade secrets
Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
Material that contains obscene (i.e., pornographic) language or images
Advertising, promotional materials, or any form of commercial solicitation
Content that impersonates or attempts to impersonate another user, person, or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing)
Content that otherwise harms other users or visitors to the Sites
Content that is otherwise unlawful or that violates any applicable local, state, national or international law.
Although Kaplan will not routinely screen or monitor content posted by users to the Site, Kaplan reserves the right to remove Prohibited Content of which it becomes aware (though it is under no obligation to do so).
Posting Content on Our Site
You can post content to the Site only if (a) you created and own the rights to the content or you have the owner’s express written permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this Agreement or any other posted policies. We have the right, but not the obligation, to remove content for any reason.
You are responsible for any content you post to Site and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SITE.
You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person.
Except as otherwise provided in this Agreement, you or the owner of any content that you post to our Site retain ownership of all rights, title, and interests in that content. However, by posting content on the Site, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).
When you use a feature of the Site that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.
NOTICE OF COPYRIGHT INFRINGEMENT
We respect the rights of all copyright holders, and we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
1. identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. 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 us to locate the material;
3. information reasonably sufficient to permit us to contact the complaining party;
4. 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;
5. 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; and
6. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of infringement on the Site is:
550 West Van Buren Street
Chicago, Illinois 60607
Fax: (800) 878-4364
This contact information is only for suspected copyright infringement. We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Links, Frames, and Metatags
You may link to the home page of the Site for non-commercial purposes as long as the link does not cast us in a false or misleading light. This limited right may be revoked at any time, subject to our sole discretion.
You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates the Kaplan trademarks or our name without our express prior written consent.
Links to Other Websites
Disclaimer and Limitation of Liability
Kaplan will host and provide the Site using a commercially reasonable level of skill and care. That said, THE SITE AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KAPLAN AND ITS PARTICIPATING INSTRUCTORS AND THEIR STAFF (THE “KAPLAN PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE KAPLAN PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE KAPLAN PARTIES DO NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED. NONE OF THE KAPLAN PARTIES MAKES ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SITE MAY BE IMPAIRED. THE KAPLAN PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SITE OR ANY INFORMATION OR SERVICES RELATED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SITE OR ANY INFORMATION OR SERVICES PROVIDED THEREON IS AT YOUR OWN RISK.
EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE KAPLAN PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS EUA OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE.
EXCEPT AS PROHIBITED BY LAW, THE KAPLAN PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS EUA, YOUR USE OR INABILITY TO USE THE SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. KAPLAN’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER'S USE OF THE SITE WILL NOT EXCEED TWENTY U.S. DOLLARS ($20).
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS EUA REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE KAPLAN PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR KAPLAN’S ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless Kaplan and its affiliates, officers, agents, employees, and assignees, including its instructors, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site in violation of the EUA; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Site, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
You agree that Kaplan, in its sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason, and that none of the Kaplan Parties shall have any liability to you for any such action.
General Legal Terms
We may modify this Agreement from time to time. If you do not agree to the changes, stop using our Site before the changes take effect. Your use of the Site after the effective date of any changes means that you agree to the changes.
If a court of law finds that any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
We may assign this contract at any time without notice to you. You may not assign this contact to anyone else.
You agree that the laws of the State of New York govern this contract and any claim or dispute that you may have against us, without regard to Florida’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in New York County, New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Site electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Site.
Information We Collect About You
In General. We may collect personal information that can identify you, such as your name and email address, and other information that does not identify you. When you provide personal information to us, the information may be sent to servers located in the United States and other countries around the world.
Information you provide. We may collect and store any personal information you provide to us, including personal information that may be contained in any video, comment or other submission you upload or post to the Site. This includes identifying information, such as your name, address, e-mail address, and telephone number; your likeness; and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender and age, and other demographic information.
Information from other sources. We may also periodically obtain both personal and non-personal information about you from other Kaplan businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Information collected automatically. We automatically collect information from your browser when you visit our Site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our Site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our Site.
Other Technologies. Like many websites, we may use standard Internet technology, such as web beacons, site tags, clear GIFs and other similar technologies, to collect and maintain information about your web-surfing activity when you are visiting this Site, other Kaplan sites as well as other non-Kaplan sites. We also may include web beacons or pixels in advertisements and promotional e-mail messages determine whether advertising or messages have been acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
Do Not Track Practices. Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, Kaplan currently does not take action in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals.
How We Use the Information We Collect
In General. We may use information that we collect about you to:
Deliver the products and services that you have requested; manage your account and provide you with customer support; perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others; communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, other Kaplan companies or other third parties; develop and display content and advertising tailored to your interests on our Site and other sites; verify your eligibility and deliver prizes in connection with contests and sweepstakes; enforce our terms and conditions; manage our business and perform functions as otherwise described to you at the time of collection.
Financial information. We may use financial information or payment method to process payment for any purchases, subscriptions or sales made on our Site, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
With Whom We Share Your Information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our Site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Business partners: When you make purchases, reservations or engage in promotions offered through our Site or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant’s offer or program, you authorize us to provide your email address and other information to that merchant. Selected Providers. From time to time we may share your contact information with selected providers of goods and services that may be of interest to you. If you prefer not to receive information from these providers, you can notify us at any time by emailing to KUPrivacy@kaplan.edu.
Other Kaplan businesses: We may share information we collect, including personal information, with the Kaplan companies. Sharing information with our Kaplan companies enables us to provide you with information about a variety of products and services that might interest you.
Other Situations. We also may disclose your information: In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and other Kaplan companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non- personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.
We may provide areas on our Site where you can post information about yourself and others and communicate with others; upload content (e.g. pictures, videos, audio files, etc.); and post comments or reviews of content found on the Site. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting Our Site from Outside the United States
No Rights of Third Parties
How to Contact Us
Kaplan is concerned with the security of your personal data. To keep that data secure, we restrict unauthorized access through protective policies, procedures, and technical measures. In addition, Kaplan uses industry standard security protocols and mechanisms to transmit sensitive data such as credit card.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal data, we can't guarantee the security of any information you provide us, and you do so at your own risk.
Review and Correction
You may review and update the personal information you have provided to us by contacting us at KUPrivacy@kaplan.edu or by writing to:
Attn: Information Inquiry or Update
6301 Kaplan University Avenue
Fort Lauderdale, FL 33309