Terms and Conditions
TERMS AND CONDITIONS: Precollegeprograms.com is operated by Kaplan, Inc. (“Kaplan,” “we” or “us”), a leader in online education, which powers and supports certain online programs from its partner universities (“Partner Universities”) designed for students ages 13-18 (“Precollege Programs”) and which also operates its own education programs (“Kaplan Programs”). Your use of precollegeprograms.com (the “Site”) is subject to these terms and conditions (“Terms”). If you use the Site on behalf of another person (for example, a parent using the Site on behalf of a child) these Terms govern both you and other(s) who use any part of the Site or anything sent to you after visiting the Site or requesting information from the Site (collectively, “you”). You agree to be bound by the Terms. This is an agreement between you and us.
Children: The Site is not intended for children under the age of 13. Children under the age of 13 are not permitted to purchase Precollege Programs or Kaplan Programs featured on the Site. Children may provide information to us and participate in Precollege Programs or Kaplan Programs only with consent of a parent or guardian.
Intellectual Property: Precollegeprograms.com is owned by Kaplan. Content on the Site is owned by us and our licensors, including our Partner Universities. The Site is for your personal and non-commercial use only. Content from the Site may not be re-sold, reproduced, re-published, modified, transferred or re-distributed in any way without our prior written permission. All video, audio, text, animations, books, diagrams, images and other content that you receive or to which you have access through your use of the Site(s), regardless of medium or format, (collectively, “Site Content”), are protected by copyright law and belong to us and our licensors, including our University Partners. You may not download, record, screenshot, copy or reproduce Site Content in any way unless permission is explicitly given to you, for instance in the case of a free download made available to you when you visit the Site or request information from the Site or in the case of us prompting you to share Site Content. You may not make any audio and/or video recording of Site Content. You may not attempt to decompile, reverse engineer, scrape or datamine the Site. Trademarks, logos, and service marks displayed or otherwise used on the Site, including, but not limited to “Kaplan” those of our University Partners are the registered trademarks of us and our licensors and may not be used without prior, written permission. You may have access to digital versions of Site Content (“Digital Site Content”). Subject to your compliance with these terms and conditions, we grant you a limited, personal, non-exclusive, revocable and non-transferable license to access Digital Site Content.
Links: You may be able to link from the Site to third party websites and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us.
User Content: If you submit comments, photos and other content to us (“User Content”) through Site(s), social media communities, survey responses, email or otherwise, you grant us an irrevocable, royalty-free, perpetual, transferable, licence 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 Policy: If you are a copyright owner or agent thereof and believe that content on the Site(s) infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 (c) (3) ) 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:
Attn: Copyright Agent
550 West Van Buren Street
Chicago, IL 60607
By phone: (312) 385-1246
By email: firstname.lastname@example.org
Mobile Devices: The Site 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.
Technical Requirements: You are responsible for the minimum technical requirements needed to use the Site. Access to the Site requires internet access, for which we are not responsible.
Code of Conduct: We may remove from the Site anyone whom we deem in our discretion to be disruptive to the Site, dangerous to others, have acted in a manner that shows a lack of dignity and respect for others, or have violated any intellectual property rights. If you are removed from the Site for violations of this Code of Conduct you will not eligible for compensation.
Disclaimer and Limitation of Liability: THE SITE AND THE PROGRAMS MARKETED ON IT ARE PROVIDED “AS IS” AND WE DISCLAIM 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 OR PARTNER UNIVERSITIES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF KAPLAN AND/OR PARTNER UNIVERSITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR USE OF THE SITE OR ENROLLMENT IN PROGRAMS FEATURED ON THE SITE.
Choice of Law & Disputes: The Terms are governed by New York Law, excluding its choice of law provisions. All claims, disputes and/or lawsuits arising from or relating to this Agreement, Precollege Programs or the Sites shall be exclusively resolved in the state and federal courts of New York.
Export: Software related to or made available by the Precollege Program may be subject to United States export controls. Thus, no software from the Precollege Program may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Crimea or any other country or region 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.
Miscellaneous: These Terms supersede all prior oral or written agreements and constitutes the entire agreement between the parties with respect to the Site and Precollege Programs. Terms cannot be changed or modified orally. If any provision of these 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 these 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:
750 Third Avenue, 7th Floor
New York, NY 10017
By email: email@example.com
Rev. September 15, 2019