Kaptest User Agreement
Last Updated: March, 2005
Welcome to the website ("Site") for Kaplan Test Prep and Admissions ("KAPTEST"), a business division of Kaplan, Inc. This User Agreement, including our Privacy Policy, governs your use of the KAPTEST Site.
Please read this User Agreement carefully, because by visiting or using the KAPTEST Site, you agree to follow its rules. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page and information collection forms. Your continued use of the KAPTEST Site after any modification indicates your agreement to the new terms.
Privacy Policy
Please review our Privacy Policy, which is a part of this User Agreement and describes how KAPTEST handles any personally identifying information collected from visitors to the KAPTEST Site.
Copyright
website Materials. Copyright on this Site and all materials included in it is owned by or licensed to Kaplan, Inc. and all rights are reserved. You must abide by all copyright notices and restrictions contained on this Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from this Site (including computer programs or other code) ("Site Materials"), unless we have specifically authorized you to do so and then only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials.
Trademarks
KAPLAN, KAPTEST, the Kaplan Oval Logo, and other logos on the KAPTEST Site are trademarks owned by Kaplan, Inc. ("KAPTEST Trademarks"). You may not use the KAPTEST 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.
Links, Frames, and Metatags
You may link to the home page of the KAPTEST Site as long as the link does not cast us in a false or misleading light.
You may not frame the content of the KAPTEST Site. You may not use metatags or any other "hidden text" that incorporates the KAPTEST Trademarks or our name without our express written consent.
Links to Other websites>
This Site may contain links to other websites, including sites for other Kaplan companies. This User Agreement and the Privacy Policy do not apply to these other websites. Be sure to read the user agreements and privacy policies that govern your use of these other websites.
Disclaimer and Limitation of Liability
THIS SITE AND THE INFORMATION, CONTENTS, GRAPHICS,
DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY
THE "CONTENTS") ARE PROVIDED ON AN "AS IS" BASIS WITH ALL
FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. KAPTEST HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS MAY
BE EXPRESSLY STATED ON THIS WEBSITE, NEITHER KAPTEST NOR ANY
OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER
AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF THIS SITE, OR THE INFORMATION OR CONTENTS AVAILABLE FROM
THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT
LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL
DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO
PROPERTY AND CLAIMS OF THIRD PARTIES.
THE CONTENTS OF THIS SITE COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. KAPTEST MAY
MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS
TO THIS SITE, THE CONTENTS HEREOF, AND THE PRODUCTS AND
SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
Governing Law
This User Agreement will be governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of New York and New York County and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Termination
We reserve the right to suspend the KAPTEST Site or terminate this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.
Kaptest Privacy Policy
This is the Privacy Policy for the website ("Site") for Kaplan Test Prep and Admissions ("KAPTEST"), a business division of Kaplan, Inc. Your privacy is very important to us and we are committed to protecting it. We understand that our visitors and enrolled students need to be in control of their personal data. This Privacy Policy explains how and why we collect personal data from you and how we use it. Our Privacy Policy is designed to ensure that you are aware of how your personal data is being used and to provide you with choices about that use.
By visiting the KAPTEST Site or submitting your personally identifiable information to us, you accept the terms described in this Privacy Policy. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page and information collection forms. Your continued use of the Site after any modification indicates your agreement to the new terms.
Collection and Use of Personal Data
Personally Identifying Information. When you register as a member, order our books or other materials, request information, or enroll in our online classes, we will use our registration screens and online forms to collect personally identifying information such as your name, postal address, e-mail address, educational background, educational goals and interests, and credit card information ("personal data"). We may also collect some or all of this personal data from you through our print enrollment forms. In addition, if you send us an e-mail or communicate with us offline, we may collect the personal data that you voluntarily provide us at that time.
We may use your personal data in the following ways:
—for the purpose for which you specifically provided the
personal data, for example to enroll you in one of our
courses, to process your order of one of our books or other
materials, or to respond to a specific inquiry;
—to send surveys or questionnaires so that we can learn more
about our customers' needs and interests;
—Unless you opt out, to send you our online newsletter, the
"Edge."
—Unless you opt out, to send you information about new
products or services that we think might interest you.
If you do not want us to send you surveys and questionnaires, or to provide you with information about our other products and services, you can opt out of receiving this information by following the steps described below in the section entitled Your Ability To Choose.
Anonymous Information. You can visit most pages on the KAPTEST Site without giving us any personal data. Your visit may automatically provide us with anonymous data that is not linked to your personal data, such as your IP (Internet Protocol) address, browser type, operating system, domain name, access times, and referring website addresses. Some parts of the KAPTEST Site use cookies to facilitate your use of the website and to track general traffic. You can learn more about these anonymous data collection devices in the section entitled Cookies, below.
We use your anonymous data to obtain general statistics regarding the use of the KAPTEST Site and its specific Web pages and to evaluate how our visitors use and navigate our website on an aggregate basis. We do not link your anonymous data with your personal data.
We use a service provider to track and analyze non-personal data, such as usage and volume statistical information from site visitors. This anonymous data will not be linked to your personal data.
In an effort to provide you with the most relevant website content and marketing materials, we may also use embedded pixel technologies to help track site usage and response to our marketing campaigns. Again, the anonymous information we capture through this mechanism is not linked to your personal data.
Sharing with Third Parties
We share your data with service providers who help us to run the KAPTEST Site or to fulfill your request. These service providers are restricted from using your personal data in any way other than for the service they are providing.
We may also share your data with some affiliated companies providing services that we think might interest you. If you do not want us to share your data with these affiliates, you can opt-out by following the steps described in the section entitled Your Ability To Choose.
Transfer to the United States
If you are located outside of the United States, please note that the personal data you provide to us will be transferred to the United States. Whenever you submit any personal data to us, you consent to this transfer.
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 let us know you do not want delivery of the "Edge"
newsletter, or other informational emails, uncheck the boxes
granting us consent in your membership profile;
—To stop further delivery of the "Edge" newsletter or
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 customer_care@kaplan.com.
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 customer_care@kaplan.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."
Cookies
We use cookies to allow you to move quickly through our site, to allow you to take advantage of some of the KAPTEST Site's special features, and to collect information about your use of the KAPTEST Site. A cookie is a string of information that is sent by a website and stored on your hard drive or temporarily in your computer's memory. Cookies are small files and won't pose any significant disk-space concerns. Some cookies used by the KAPTEST Site may remain on the user's computer after they leave the website, but most are set to expire within 30-365 days.
Cookies benefit you by creating a more streamlined login process, keeping track of shopping cart additions and preserving order information between sessions. As we enable further customization of the site, cookies will help in assuring that the information provided to you will be relevant to your needs. You can disable our cookies using the cookie-menu on your Web browser, but doing so will prevent you from taking advantage of customization and certain security features. To learn more about cookies and browser functionality, search for "cookies" in the help function of your browser.
Security
KAPTEST 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, KAPTEST uses standard security protocols and mechanisms to transmit sensitive data such as credit card details.
Links to Other websites
This Site may contain links to other websites, including other Kaplan company sites. This Privacy Policy covers only the KAPTEST Site and not these other sites - including the other Kaplan sites. Be sure to look for the privacy policies that govern your use of these other websites.
Review and Correction; Questions
If you are a registered member of the KAPTEST 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 customer_care@kaplan.com.
KAPTEST.com
Kaplan, Inc.
888 Seventh Avenue
New York, NY 10106
webmasters@kaplan.com