Kaplan Community Navigator Enrollment Terms

Shannon_Emery_KCT

ENROLLMENT TERMS

These enrollment terms, together with the Terms of Use and the Privacy Policy govern your subscription. Please carefully review all sections before proceeding to check out. You acknowledge you are the age of majority in your state and agree to be bound by these terms, which is an agreement between Kaplan and You.

Payment/Billing. You certify that you are an authorized user of the credit card/debit card/bank account you submit at check out. You authorize an immediate charge of $29.99 for the first month and $29.99 monthly recurring subscription charges to the billing information provided to continue the subscription uninterrupted, until you choose to cancel.  Your auto-renew subscription monthly charge will be submitted for payment every 30 days after your subscription purchase date (“Charge Date”). You can cancel by going to “Account” and clicking on “Cancel Plan.”  You must cancel at least 48 hours in advance of your next Charge Date to avoid next month’s billing cycle. We reserve the right to correct any incorrect pricing charges that may have occurred. Any applicable discounts must be made at the time of purchase. Promotions cannot be combined or applied retroactively. Purchases may be subject to taxes and vary by state.  You are responsible for paying all such taxes that may be added to the subscription price.

One Account Per Person. When You set up an Account, it serves as the sole account for You. 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 or share your subscription with others.  

Intellectual Property. All content and functionality on the Kaplan Community Career Navigator, including text, graphics, logos, icons, images, diagrams, animations, audio, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, programs, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works (collectively, the “Content”) are owned by Kaplan, its direct or indirect subsidiaries, affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these terms, Kaplan grants you a personal, non-exclusive, non-transferable, revocable license to access and use Kaplan Community Career Navigator and, if applicable, any programs or services you purchase solely for your own personal, non-commercial use.  Sharing, selling or attempting to transfer your license is prohibited.  A breach or violation of any of the Terms will result in an immediate termination of your subscription

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.

Disclaimer of Warranty: KAPLAN COMMUNITY CAREER NAVIGATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. KAPLAN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SERVICE, ITS FUNCTIONALITY AND THE PROGRAMS AND SERVICES OFFERED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer or limitation of warranties, so the disclaimers set forth above may not apply to you.

Limitation of Liability:  IN NO EVENT SHALL KAPLAN, ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF KAPLAN COMMUNITY CAREER NAVIGATION AND/OR ANY CONTENT, MATERIALS OR SERVICES AVAILABLE. Some states do not allow the disclaimer or limitation of damages, so the disclaimers set forth above may not apply to you.

Sanctions and Export Compliance: Kaplan complies with U.S., UK, EU, and other economic and/or trade sanctions and export laws and regulations. Kaplan products and services are not intended for distribution, or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kaplan to any registration requirement within such jurisdiction or country. Thus, no Kaplan software or services may be used, downloaded by, exported, or re-exported to: (a) a person located, organized, or ordinarily resident in any country that is the subject of comprehensive sanctions imposed by the U.S., UK, EU, or UN; (b) any person listed on any U.S., UK, EU, or other relevant 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) 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 relevant government or governing body. Access to this Site, software, free products or course trials, applications for admission, purchases, services, paid products, and payment or funding plans may be subject to additional review to ensure ongoing compliance with legal requirements. Current students or customers traveling or relocating outside of the U.S. may be unable to access the learning management system, services, and courses from countries or regions subject to economic and/or trade sanctions by the Office of Foreign Assets Control (OFAC) or other authorities.

Miscellaneous: These Terms supersede all prior oral or written agreements and constitute the entire agreement between the parties.  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.

Do not proceed with payment if you are unable to affirm any of the statements below:

Certification and Release

● You certify that neither you nor any person contributing to payment on your behalf are on any list of restricted persons with whom it is unlawful for a United States company to do business, or located in a jurisdiction where your use would violate law or regulation;
● You certify that neither you nor any person contributing to payment on your behalf are an employee, contractor, or current or former official of the Government of Venezuela including all political subdivisions, agencies, or instrumentalities thereof);
● You certify that you are not purchasing a subscription service in order to, nor will engage in any activity while enrolled in the service that will, cause Kaplan to violate any sanctions or export controls law, rules, and regulations;
● You acknowledge that access to the program or service 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