Terms of Service
Your school or organization (“Organization”) has partnered with Kaplan North America, LLC (“Kaplan”) to provide you, as its student, access to the Kaplan Career Core service (“Program”) on careercore.org, its subdomains and connected third party sites (collectively, the “Site”). Your use of the Program and the Site is subject to these terms and conditions (“Terms”). If you continue to use the Program and/or the Site, you agree to be bound by the Terms, which is an agreement between Kaplan and You. If you do not wish to agree to the Terms, please do not access the Program or Site.
Children: Children under the age of 18 are not permitted to participate in the Program or use the Site without the permission of a parent or guardian. If you are under 18 and wish to participate, please contact your Organization’s career office to discuss the suitability of the Program and required permissions.
Intellectual Property: The content of the Program hosted on the Site is owned by Kaplan and its licensors. The Program and Site are for your personal and non-commercial use only. You may not use the Program or Site for the benefit of any party other than Kaplan. The Program and Site may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without Kaplan’s prior written permission. All video, audio, text, questions, explanations, diagrams, images, animations and other content that You receive or to which You have access during the Program or in connection with the Site, 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 make any audio and/or video recording of a live session or any part of the Program Content. You may not attempt to decompile, reverse engineer, scrape or datamine the Program Content or Site. The trademarks, service marks, designs, and logos displayed or otherwise used in the Program or on the Site are the registered and unregistered trademarks of Kaplan, Kaplan's licensors, Kaplan’s clients and business partners, and other third parties and may not be used without prior, written permission. Subject to your compliance with these Terms and your Organization’s continued partnership with Kaplan, Kaplan grants You a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content.
User Content: If You submit comments, photos and other content to us (“User Content”) through the Site, social media communities, survey responses, email or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, license 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. You warrant that all information provided to us is true, accurate and complete, including but not limited to your personal information provided in connection with creating a Kaplan account.
Copyright Policy: If you are a copyright owner or agent thereof and believe that content on the Site 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:
By mail: Attn: Copyright Agent
1515 W Cypress Creek Road
Fort Lauderdale, FL 33309
By phone: (312) 385-1246
By email: email@example.com
Password and Login: You are solely responsible for maintaining the confidentiality of the login information, including your password, used to access your account. You agree not to disclose your login credentials to any third party. Kaplan has the right to terminate your account for any reason at our sole discretion without notice to You.
Mobile Devices: The Site may offer 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.
Schedule Changes: Coaching schedules and Program or Site access are subject to change and/or cancellation, including without notice.
Program Changes: Kaplan frequently updates, revises and modifies the Program and Site, including Program Content, features and services (“Program Changes”). Kaplan reserves the right to make Program Changes at any time.
Technical Requirements: Access to the Program and Site requires internet access, for which Kaplan is not responsible. The Program is on Canvas, the technical requirements for which Kaplan is not responsible. Access to digital publications may require setting up an account on a Linked Site.
Student Code of Conduct: Kaplan may remove from the Program or Site students whom Kaplan deems in its discretion to be disruptive to the learning environment, dangerous to other students or faculty, have failed to comply with applicable health and safety policies, repeatedly violate policies such as the live session etiquette rules listed below, have acted in a manner that shows lack of dignity and respect for faculty, coaches and/or students, have violated any intellectual property rights of Kaplan or others, or have engaged in academic misconduct, such as cheating or violating confidentiality. Students removed from the Program or Site for violations of the Code of Conduct or the terms and conditions of Canvas or any Linked Sites are not eligible to use or access other Kaplan programs or websites.
Live Session Etiquette: You must follow proper classroom behavior when participating in the Program and engaging with fellow students, coaches, faculty, and staff:
- Do Not Record. You cannot take photos or videos of others, or the presentation, without permission. You cannot share or post pictures or videos of others without their knowledge or permission.
- Be Professional. Dress with clothes appropriate for class. You are responsible for your screen name, computer screen and background displayed to others. You may not display any offensive or inappropriate material on your person or your screen.
- Be Respectful and Kind. Ask appropriate questions, and be willing to listen to fellow students and engage in the learning process. Do not dominate other students' opportunity to learn by asking too many questions. When asking questions and making comments, keep them related to the discussion at hand. Do not abuse the chat box.
- Be Prepared to Learn. Arrive at coaching sessions on time and come to sessions prepared. Refrain from checking any other websites (social media, gaming, etc.) or messages during sessions.
- Eliminate Distractions. Mute yourself until you are called on to speak. Turn mobile phones off. Choose a location that will not cause distraction for you or others who will view your screen or hear your background noise during class.
Disclaimer and Limitation of Liability: THE SITE IS 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 USE OF THE SITE.
Arbitration and Class/Collective Action Waiver:
Any and all disputes arising from or related to this Agreement, 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 (as modified herein) in accordance with 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 U.S. city within 100 miles of your permanent residence. If You reside outside the United States, then the arbitration shall take place in accordance with the American Arbitration Association Consumer Rules and Protocol. 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 in arbitration, 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 in arbitration 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 Compliance: Software and services related to or made available by the Site may be subject to United States, UK, EU, and other sanctions regulations and export controls. Thus, no software or services from the Site may be used, downloaded by, exported, or re-exported to: (a) a person located, organized, or ordinarily resident in Cuba, North Korea, Iran, Syria, Crimea, or any other country that is the subject of comprehensive sanctions imposed by the U.S., UK, EU, or other government or governing body; (b) any person listed on any U.S., UK, EU, or other sanctions- or export controls-related list of prohibited or restricted parties, including but not limited to the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Nationals, the U.S. Commerce Department's Denied Persons List or Entity List, the UK sanctions list, or the EU consolidated list of persons, groups, and entities subject to EU financial sanctions; (c) to any entity 50% or more owned, directly or indirectly, or controlled by any such person(s) described in (a) or (b); or (d) to any person otherwise blocked by or the subject of sanctions imposed by the U.S., UK, EU, or other government or governing body. The persons defined in (a)-(d) shall be collectively referred to as Excluded Persons.
Certification and Release
- You certify that you are not an Excluded Person or an employee, contractor, or current or former official of the Government of Venezuela (including all political subdivisions, agencies, or instrumentalities thereof);
- You certify that your use of the Site will not cause Kaplan to violate any sanctions or export controls law, rules, and regulations;
- You acknowledge that access to the Site may cease when traveling or relocating outside the U.S. into countries or regions subject to economic and/or trade sanctions by the U.S. Treasury Department or other authorities;
- Coaching sessions may be delivered through communications technologies including but not limited to Zoom, AdobeConnect, Brightcove, WebEx, E360 where recording may be enabled by the instructors or coaches (collectively "host(s)"). You will receive a notification (visual or otherwise) when recording is enabled in a class, tutoring or coaching session. By using the Site, You certify that Kaplan and any third party technology vendor used to deliver the instruction, has consent to record any participation you choose to engage in during the sessions (i.e. chats, shared screen time initiated by you). Any such recordings may be made available to other Kaplan students for instruction, may be used internally for quality assurance and training to improve the Site and Program Content, or for other internal purposes.
Miscellaneous: These Terms supersede all prior oral or written agreements and constitute the entire agreement between us. Terms cannot be changed or modified orally. If any provision of 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 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:
By mail: Kaplan Inc. 1515 W Cypress Creek Road, Fort Lauderdale, FL 33309
By email: KNALegal@kaplan.com
Rev. January 2022