STUDENT TERMS OF USE
KAPLAN NURSING INSTITUTIONAL PROGRAMS
TERMS AND CONDITIONS:

Your purchase (or your nursing school’s purchase on your behalf) of Kaplan’s products and services (“Programs”) offered by Kaplan Test Prep, a division of Kaplan, Inc. (“Kaplan”) and use of https://nursing.kaplan.com (the “Site”) are subject to these terms and conditions. Please read these terms carefully and contact us if you have any questions.

Who Can Use This Site?

Your nursing school has engaged Kaplan (“Institutional Partner”) and asked that you be provided access to the Site as an enrolled student of the nursing school for the length of your studies at the nursing school (each an “Authorized User”) If you are not an Authorized User, then you are not permitted to use the Site. If you cease to be affiliated with the nursing school, then you agree to discontinue any further use of the Site and to notify Kaplan immediately.

What Can I Do On The Site?

The Site provides resources to help Authorized Users prepare for nursing school, the NCLEX® exam, and their nursing careers. Some resources may only be accessible to Authorized Users if your nursing school has purchased them from Kaplan.

Kaplan Programs and Content are for Kaplan students only:

All Kaplan content, including but not limited to Materials, Digital Materials, lectures, recordings, visual and audio aids, content available from the Site, kaptest.com or other Kaplan websites, and all content that you will receive or to which you will have access during your enrollment in the Program (collectively, “Content”) is for your personal use only and may not be shared, resold, auctioned, or transferred to another person in any manner.

Copyright and Non-Duplication:

Content is protected by copyright law. Without Kaplan's authorization, students are strictly prohibited from downloading, recording, duplicating or reproducing any Content or sharing any Videos in any manner or medium under any circumstances. If a student is found to be in violation, the student will be subject to disciplinary and legal action, including but not limited to any or all of the following:

All Program elements including, but not limited to: Admissions Tests, Study Skills Workshops, Drug Dosage and Calculations Workshop, Secured Benchmark Tests, Focused Review Tests, Case Study Modules, Clinical Skills Modules, Nursing Assessment Test, Predictive Tests, NCLEX® Review lectures, Qbank, Question Trainer Tests, Online NCLEX Study Center, Readiness Test , applications, digital downloads, data compilations on the Site and all text, photographs, graphics, video, and audio included in them (“Site Materials”) are the property of or licensed to Kaplan. The Site contains materials that are protected by copyright, trademark, or other intellectual property rights. Except as expressly authorized, you may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site Materials.

Trademarks

Trademarks, service marks, designs, and logos displayed on the Site, including but not limited to Kaplan and the Kaplan logo, are the registered and unregistered trademarks of Kaplan and of Kaplan's licensors.

Security

You must protect your login credentials to the Site from disclosure at all times and are prohibited from sharing your login credentials with others. If you suspect that your login credentials may have been made accessible to others, then you must immediately notify Kaplan.

Academic Integrity and Test Security

You shall NOT:

You acknowledge that Secured Benchmark Tests are normed and that cheating impairs a valuable asset of Kaplan. You further agree to promptly notify Kaplan if you become aware of any possible infringement of Kaplan’s ownership rights.

Kaplan shall immediately notify your nursing school’s Administration of any violation of this section and infringement of Kaplan’s ownership rights.

Student Code of Conduct:

As part of Kaplan's commitment to our student's success, we seek to provide an optimal learning environment and expect students to conduct themselves in a manner that is considerate of those around them. Those failing to meet student conduct standards may be subject to disciplinary actions, including but not limited to termination without refund. Inappropriate classroom conduct includes but is not limited to: (1) disruptions to the learning environment (i.e. use of profanity, harassment, cell phone use in classrooms, etc.); (2) deliberate destruction, misuse, or theft of Kaplan property or the property of fellow classmates; (3) violence or threats of violence toward persons or property of students or Kaplan staff; (4) improper use of email and Internet access; and (5) failure to comply with federal copyright and criminal laws forbidding the misappropriation, copying, or alteration of copyright-protected materials.

Privacy Policy:

This privacy policy explains how Kaplan including its subsidiaries, affiliates and parent companies collects, uses, shares and protects personal information that we collect.

Information We Collect:

We collect information that you voluntarily provide to us, including 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 collect Personal Data from you in various ways, including when you enroll for courses, use online resources, access and use Digital Materials, participate in classes or tutoring, and send us feedback. We may also collect Personal Data about you from our business partners. When you log-on to our websites, we automatically receive information from your computer and browser, including your IP address. Kaplan may use cookies and web beacons.

Use of Your Personal Data:

We may use your Personal Data in the following ways:

Disclosure of Your Personal Data:

We do not share your Personal Data with third parties for their marketing purposes. We may disclose your Personal Data in response to legal process, to protect our rights, as otherwise required by law, or for the prevention or detection of a crime. If we sell our company or part of it, or our business enters into a joint venture with another business entity, we may disclose your Personal Data to our new business partners or owners who may then provide you with information about their products and services. We may share your Personal Data with trusted third parties who are delivering services to Kaplan. Kaplan may disclose anonymous data with third parties. We may also share your information with third parties that you have specifically designated as authorized to receive information from us.

Academic Performance Data:

Kaplan is a service vendor for your nursing school and as such your academic performance data in the Program(s) is shared with your nursing school. You agree and acknowledge that your nursing school administration is solely responsible for the incorporation of Kaplan Content into its curriculum and its grading standards.

Security and Information Retention:

We employ security measures to protect your information both online and offline from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. The Personal Data we obtain from students allows Kaplan to deliver smarter, more efficient and more effective instruction.

Arbitration and Class/Collective Action Waiver

Any and all disputes arising from or related to this Agreement, other than disputes relating to intellectual property infringement, 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 in accordance 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 city within 100 miles of your permanent residence. 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, 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 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.

Consent and Release

During your Program, Kaplan may contact you for feedback related to your Program, you may be photographed or your class recorded (collectively referred to as “Student Experience Materials”). You agree that Kaplan may use the Student Experience Materials for internal purposes

Programs or other activities may occur in hotels, schools and other facilities not controlled by Kaplan (“Third Party Facilities”). You waive any claim against Kaplan arising from your use of Third Party Facilities, including claims related to the safety and security of third party facilities.

Technical Requirements:

You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Program or if you have selected an online product such as Live Online, Anywhere or Qbank. Please visit www.kaptest.com to understand the specific requirements for your Program.

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. KAPLAN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE'S CONTENTS, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON­INFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY STATED ON THIS WEBSITE, NEITHER KAPLAN 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. KAPLAN 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.

BY CLICKING SUBMIT, YOU ARE STATING THAT (1) YOU HAVE READ THE TERMS AND CONDITIONS IN THEIR ENTIRETY INCLUDING ANY AND ALL RELATED LINKS (2) YOU ACKNOWLEDGE THAT YOU WILL USE THE KAPLAN RESOURCES AS SET FORTH IN THIS AGREEMENT FOR YOUR BENEFIT AND NOT FOR THE BENEFIT OF ANY TEST PREPARATION COMPETITOR; (3) YOU HAVE READ AND AGREE TO MAINTAIN THE MINIMUM HARDWARE SPECIFICATIONS REQUIRED TO ACCESS YOUR PROGRAM (4) IF APPLICABLE, YOU AUTHORIZE KAPLAN REPRESENTATIVES TO CHARGE YOUR CREDIT OR CHARGE CARD IN ACCORDANCE WITH THE AMOUNTS AND SCHEDULE EMAILED TO YOU UNTIL TUITION PAYMENT IS COMPLETE; (5) YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.