Kaplan Community Terms of Use

Paul Bradley

Kaplan Community Terms of Use

June, 2023

Welcome to the Kaplan Community, a place where Kaplan students, alumni and members of the academic and professional community (“Users”) may connect about matters that interest you! The Kaplan Community Terms of Use (“Terms of Use”) apply to Users who access or use community.kaplan.com (the Community sites) and all content made available on such sites (together with any Kaplan information, data, content and other materials, products and services available through such site, and any successor site(s), the “Kaplan Community” or “Community”). By accessing the Kaplan Community, you agree to these Terms of Use and the Community Guidelines, and all other policies or notices posted by us through the Community.   It is your responsibility to check these Terms of Use periodically for any changes.  Your continued use of any Community page following the posting of any changes to  these Terms of Use  constitutes your acceptance of the changes.  

If you are accessing or using the Community to learn more about Kaplan’s products or services, you understand these Terms of Use do not apply to the provision or use of or access to Kaplan’s products or services, which are subject to separate terms of use and enrollment agreements. Functionality and access to the Community 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.

Supplemental terms may apply with respect to particular services provided through the Community (the “Supplemental Terms”). Such Supplemental Terms will be made available prior to activating that service. In the event of any conflict or inconsistency between these Terms of Use and the Supplemental Terms, the Supplemental Terms will control to the extent of such conflict or inconsistency, solely with respect to the applicable service.

ACCOUNT REGISTRATION; USERNAMES AND PASSWORDS

You need to register and create a user account (the “Kaplan Community Account”)  to use or access all or part of the Community.  The following individuals are prohibited from any use of the Community or creation of a Kaplan Community Account: (1) anyone under the age of 16; (2) you are a convicted sex offender; (3) you have previously violated the Terms of Use or Community Guidelines; or (4) you are located in a country or region subject to comprehensive U.S. trade sanctions or you are listed on any U.S. or EU restricted parties list, or for any purpose prohibited by trade laws.                   

You must register with accurate information about yourself. You may not register using another’s information to impersonate someone else. Kaplan may reject, or require that you change any login credentials or other information that you provide in registering and creating a Kaplan Community Account. Your login credentials are for your non-commercial, personal use only which you must maintain in confidentiality and prevent its unauthorized use. You, and not Kaplan, are responsible for any use or misuse of your login credentials and all activities occurring from any Kaplan Community Account that you have created. You must promptly notify Kaplan of any confidentiality breach or unauthorized use of your login credentials or your Kaplan Community Account.  Kaplan considers any Kaplan Community Account with the same email address, phone number or other unique identifier, as verified to belong to the same User in accordance with Kaplan’s procedures. 

ARBITRATION NOTICE AND CLASS/COLLECTIVE ACTION WAIVER

Any and all disputes arising from or related to these Terms of Use or Supplemental Terms, 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 state of Florida. 

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.

If you have any complaints or disputes about your use of the Kaplan Community, Kaplan will try to resolve your concerns directly. If such efforts are unsuccessful, any claims may be pursued by you or Kaplan as set forth in this section. Before filing a formal claim, each party agrees to try to resolve the dispute informally by contacting the other party through reasonable means and providing notice of the dispute. Both parties will use good faith efforts to attempt to reach a resolution. If a dispute is not resolved within thirty (30) days of notice, either party may bring a formal proceeding in arbitration.

INFORMATION SUBMITTED TO OR THROUGH THE KAPLAN COMMUNITY

Your Kaplan Community Account may make available functionality enabling you to manage certain of your notifications and other preferences.You and other Users may have the ability to make certain information, data, content or other materials, posts, comments and other user-generated content, pictures and documents available through or in connection with the Community (each, a “Submission”), including on profile pages or on the Community’s interactive products or services, such as message boards and other forums, and chatting, commenting and other messaging functionality. If you post material to the Community, post links on the Community, comment on the discussion boards, or otherwise make material available by means of the Kaplan Community you are entirely responsible for the composition of, and any harm resulting from, that Submission, regardless of whether the Submission in question constitutes text, graphics, audio files, or any other format in which Kaplan stores data.You represent and warrant that you will be responsible for the accuracy, completeness, quality and legality of any information you provide in connection with the Community (including information used register), the means by which you acquired such information, and your use of such information in connection with the Community.  

Your first name, last name, profile picture, location and other information you provide in connection with the Community, including any registration information submitted by you, may be publicly displayed, including on any profile page or in connection with your activities. Submissions reflect only the opinions of the user who made available the Submission and not the opinions of  Kaplan, regardless of whether the User is affiliated with Kaplan or not. Any Submissions made available through any message board or forum in response to posted questions, or that otherwise purports to answer any questions, including any questions about Kaplan, its services or products, or the Community, are made available for your general knowledge only and should never be relied upon as answers to your specific questions (even if an answer is marked as a “best” answer or with any similar qualifications). You should always contact the Kaplan Community Manager for answers to your specific questions about Kaplan’s services or products at kaplancommunity.support@kaplan.com.

You represent and warrant that for any content within a Submission:

• the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you either (i) received permission from your employer to post or make the content available or (ii) secured a waiver as to all rights in or to the content from your employer (iii) you complied with any policies set by your employer, including any policies governing statements made on behalf of the employer.
• the content does not contain or install any viruses, worms, malware or other harmful or destructive material;
• the content is not spam, and does not contain unethical or unwanted commercial material designed to drive traffic to third party sites; and
• the content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party.
• The content complies with all applicable laws, including providing any notice to or obtaining any consents from other individuals as may be required under video recording, audio recording, biometric data, or other privacy or data protection laws

Kaplan has no control over Submissions, and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. Kaplan has not reviewed, and cannot review, all content within a Submission posted to the Community, and cannot therefore be responsible for the material’s content, use or effects.  By operating the Community, Kaplan does not represent or imply that it endorses the content within a Submission posted thereon, or that it believes such material to be accurate, useful or non-harmful.  The Community may contain material that is offensive, indecent, or otherwise objectionable, as well as Submission in which technical, factual, or other inaccuracies, typographical mistakes, or other errors may be present.  The Community may also contain content within a Submission that violates or infringes the intellectual property and other proprietary rights of third parties, or of which the downloading, copying or use may be subject to additional terms and conditions.  Kaplan disclaims any responsibility for any harm resulting from your use of the Community, or from you downloading the content from a Submission posted thereon. YOU MUST NOT MAKE ANY PERSONAL INFORMATION (INCLUDING YOUR PERSONAL INFORMATION AND PERSONAL INFORMATION OF ANY OTHER PERSON) PUBLICLY AVAILABLE THROUGH THE COMMUNITY (EXCEPT, FOR CLARITY, YOUR PERSONAL INFORMATION THAT YOU MAKE AVAILABLE IN REGISTRATION INFORMATION FIELDS PROVIDED BY  KAPLAN THAT REQUEST SUCH PERSONAL INFORMATION). WITHOUT LIMITING THE FOREGOING, YOU ARE RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT YOU DO MAKE AVAILABLE THROUGH THE COMMUNITY, AND, IF YOU MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE COMMUNITY, YOU DO SO AT YOUR OWN RISK.

PROHIBITED CONTENT IN SUBMISSIONS

You may post only content related to the collaborative mission and focus of the Community.  The following are examples of content prohibited to post on the Community.  Kaplan reserves the right to investigate and take appropriate legal action against anyone who, in Kaplan’s discretion, violates these guidelines, including without limitation, removing the offending Submission, limiting the use of any portion of the Community or terminating the accounts of such violators, or seeking other legal remedies. Prohibited Content includes, but is not limited to, content that, in the sole discretion of Kaplan:

• is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains sexually suggestive, violent, or offensive subject matter;
• solicits personal information;
• publicly posts information that poses or creates a privacy or security risk;
• includes information about another person without that person’s consent;
• violates privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
• contains or promotes information that is false, misleading, promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• contains or promotes an illegal or unauthorized copy of another person’s copyrighted work;
• solicits passwords or personally identifiable information for unlawful purposes from other users;
• involves the transmission of junk mail, unsolicited mass mailings, instant messages, or spam;
• furthers or promotes any criminal activity or enterprise, or provides information about illegal activities including, but not limited to, making or buying illegal weapons or substances, violating someone’s privacy, or providing or creating computer viruses;
• involves commercial activities or sales without prior written consent of Kaplan, such as contests, sweepstakes, advertising, or bartering;
• violates any and all applicable laws or regulations.

RULES OF CONDUCT & PROHIBITED ACTIVITIES

The prohibited actions and prohibited materials set forth in the Kaplan Community Guidelines, as updated by Kaplan from time to time, currently available at Community Guidelines (the “Community Guidelines”), set forth prohibited actions and materials with respect to use of the Community. Kaplan reserves the right to investigate and take appropriate legal action against anyone who, in Kaplan’s discretion, violates these guidelines, including without limitation, terminating your account and/or access to the Community, reporting you to appropriate government authorities, including law enforcement, or seeking other legal remedies. As set forth in Community Guidelines, you will not (and you will not allow your users or any third party to):

• Use the Community for any purpose that is fraudulent, unlawful criminal or tortious activity, including child pornography, fraud, trafficking, drug dealing, gambling, harassment, stalking
• Harvest or collect information about Users.
• Interfere with or disrupt the operation of, or attempt to gain unauthorized access to, the Community or the servers or networks used to make the Community available, including by hacking or defacing any portion of the Community; or violate any requirement, procedure or policy of such servers or networks.
• Interfere with or disrupt the integrity of any information, data, content or other materials available in or through the Community.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Community.
• Disassemble, reverse engineer, or decompile any portion of the Community or use the Community  to determine whether there is infringement of a patent, except where such restriction is expressly prohibited by applicable law.
• Frame or mirror any portion of the Community, or otherwise incorporate any portion of the Community  into any product or service.
• Systematically download and store any information, data, content or other materials available in or through the Community.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any information, data, content or other materials available in or through the Community, or reproduce or circumvent the navigational structure or presentation of the Community. Conduct any activity that involves the use of viruses, bots, worms, computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of, or access to, a computer or computer network.
• Falsely state or imply that you are associated with Kaplan or another person or company or impersonating or attempting to impersonate another user, person, or entity;
•  Access or use of the Community if you are Kaplan’s direct competitor, or access or use the Community for any competitive purposes, including to build a competitive product or service, or any product or service using similar ideas, features, functions or graphics as the Community, or for purposes of benchmarking or otherwise monitoring the Community’s availability, performance or functionality.
• Remove or modify any Community markings or any notices, including any markings or notices of  Kaplan or any other party’s proprietary rights.
•  Use any portion of any Community for any purpose, including duplicating any portion of the Community, using any portion of the Community for your internal business operations, for production purposes or for any commercial purpose (including use in connection with any advertising or other commercial solicitation), or making available to any third party any portion of the Community.
• Spam, send viruses or other harmful files, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets.
• Use any information obtained from the Community to harass, abuse, or harm another person or entity, or attempting to do so;
• Circumvent or modify, attempt to circumvent or modify, or encourage or assist another person in circumventing or modifying any security technology or software that is part of the Community.
• Use the account, username, or password of another user at any time, or disclose your password to any third party, or permit any third party to access your account.
• Any automated use of the system, such as, using scripts to create or post Submissions.
• Display unauthorized commercial advertisements on the Community, or accepting payment or anything of value from a third party in exchange for the performing of any commercial activity through the unauthorized or impermissible use of the Community on behalf of that party;
• Use the Service in a manner inconsistent with any and all applicable laws or regulations.

COPYRIGHT

Kaplan is committed to complying with copyright and related laws and requires all Users of the Community to comply with these laws.  Accordingly, you may not store any material or content or use or disseminate any material or content through the Community in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law.  Pursuant to 17 USC.  § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA.

The Notice of Infringement contains requested information that substantially complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC.  § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

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: copyright@kaplan.edu

LICENSES

Submissions. Except as otherwise set forth in these Terms of Use, you retain ownership of your Submissions, and for each such Submission, you hereby grant to Kaplan and its affiliates, to the maximum extent permitted under applicable law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to use, reproduce, distribute, perform, publish and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, for any purpose (including marketing or promotional purposes, such as testimonials) and to associate the Submission with your name and/or likeness.You represent that you have the right to post the Submission and the right to grant us the license described above. You warrant that Submission, 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. 

Feedback. If you provide or otherwise make available to Kaplan any suggestions, enhancement requests, recommendations, corrections or other feedback (“Feedback”), whether related to the Community or otherwise, then the license terms applicable to Submissions will also apply to such Feedback, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place  Kaplan under any fiduciary or other obligation.

Necessary Rights; Waiver. You represent and warrant that you have all rights necessary to grant the licenses granted in these Terms of Use,, including in this Section, and that your Submissions are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. To the maximum extent permitted under applicable law, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

CONTENT AND USAGE DATA

Kaplan may monitor, evaluate, alter or remove any Submissions. In addition, Kaplan may track or analyze your access to or use of the Community, and the circumstances surrounding such access and use, for any reason or purpose (including for diagnostic or marketing purposes).

You acknowledge and understand that Kaplan may use or disclose your information in accordance with its privacy policy at which includes but is not limited to using it for (a) for internal business purposes, such as to improve Kaplan products and services by better understanding User’s interests and needs; or (b) to create aggregated, non-personal data that does not identify you or any other individual, which Kaplan may use or disclose for any purpose.

PROPRIETARY RIGHTS

Kaplan owns and reserves all rights, title and interests in and to the Community, which are protected by proprietary rights and laws, including all related intellectual property rights. None of the Community or Third Party Materials (as defined below) is sold to you.

Trademarks. You may not use any trade name, trademark, service mark or logo, the Kaplan logo, any other trademarked names, characters, events, or words of Kaplan or its affiliates in any manner without Kaplan’s express prior written permission. The Community and the services feature logos, company names, product names, service names, designs, slogans and other trademarks and service marks (collectively, the “Marks”) are registered and unregistered Marks of Kaplan, its direct or indirect subsidiaries, licensors, or third-party providers.  All of these Marks are the property of their respective owners. You will not bid on or purchase any keyword that is Kaplan’s trademark, service mark or logo in any keyword advertising service (such as Google AdWords).

Reservation of Rights. Except as expressly set forth otherwise in these Terms of Use, nothing in these Terms of Use, and nothing in or available through the Community, should be construed as granting, directly or by implication, estoppel or otherwise, any right or license with respect to any proprietary right (including any intellectual property right) of Kaplan or any of its affiliates.  Kaplan and its affiliates retain all right, title and interest in and to their proprietary rights.

PROMOTIONS

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) available in or through the KaplanCommunity may be governed by rules that are separate from the Terms of Use. If you participate in any Promotions, please review the applicable rules. To the extent of any conflict or inconsistency between the Terms of Use and any Promotion rules, the Promotion rules will control.

DISCLAIMER OF WARRANTIES AND CONDITIONS

KAPLAN MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND KAPLAN SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THE COMMUNITY MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER.  ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT) ARE MADE FOR THE BENEFIT OF KAPLAN AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS (COLLECTIVELY, “KAPLAN AFFILIATED PARTIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

While Kaplan tries to maintain the timeliness, integrity and security of the Community, it does not guarantee that the Community is or will remain updated, complete, correct or secure, or that access to the Communities will be uninterrupted.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF KAPLAN, TOGETHER WITH ALL  KAPLAN AFFILIATED PARTIES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE FOR THE COMMUNITY, EXCEED TEN U.S. DOLLARS ($10.00). THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT WILL  KAPLAN OR ANY KAPLAN AFFILIATED PARTY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF KAPLAN OR  KAPLANcompany name> AFFILIATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (A) KAPLAN WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM  KAPLAN’s OPERATION OR PROVISION OF, OR YOUR USE OF OR INABILITY TO USE, THE COMMUNITY OR ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, SPYWARE OR OTHER SIMILAR COMPUTER CODE, FILE OR PROGRAM THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; AND (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE COMMUNITY OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE COMMUNITY OR THIRD PARTY MATERIALS.

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH  KAPLAN AND EACH  KAPLAN AFFILIATED PARTY, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

INDEMNITY

To the maximum extent permitted under applicable law, you will indemnify, hold harmless and defend Kaplan and each Kaplan affiliated party, and/or their suppliers, its and their respective successors and assigns (each, an “Indemnified Party”), against any claim, demand, suit or proceeding made or brought against any Indemnified Partyby a third party arising out of or relating to: (a) your use of, or activities in connection with, the Community (including all Submissions), (b) any violation or alleged violation of the Terms of Use by you; and/or © your violation of any law or the rights of a third party (each, a “Claim”); and you will indemnify such Indemnified Party from any damages, attorney fees and costs finally awarded against such Indemnified Party as a result of, or for any amounts paid by such Indemnified Party under a settlement approved by you in writing of, a Claim, provided the applicable Indemnified Party (i) promptly gives you written notice of the Claim, (ii) gives you sole control of the defense and settlement of the Claim (except that you may not settle any Claim unless it unconditionally releases each applicable <company name> Party of all liability), and (iii) gives you reasonable assistance, at your expense.

TERM; TERMINATION

Kaplan may terminate or suspend your use of the Community at any time and without prior notice, including for abusive or disrespectful conduct in the Community or towards other Users of the Community. Immediately upon any such termination or suspension, your right to use the Community  will permanently or temporarily cease (as applicable), and Kaplan may deactivate or delete your login credentials and account, and all associated information, data, content or other materials, without any obligation to provide further access to those materials. To request that we delete your Kaplan Community Account, please contact  the Kaplan Community Manager at team@community.kaplan.com. Please note that deleting your Kaplan Community Account may not result in the deletion of all information related to your Kaplan Community Account. If Kaplan terminates the Community, then all Terms of Use and your rights with respect to the Community will automatically terminate. 

GENERAL

These Terms of Use and all matters arising out of or relating to the Terms of Use shall be governed by the laws of the state of Florida, without regard to its conflict of law provisions. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Each party agrees to comply with all applicable laws, including U.S. export laws, and regulations with respect to its activities hereunder.

Kaplan reserves the right to  (1) discontinue, impose limits on, or restrict access to any aspect of the Community at any time, with or without cause or notice, including the availability of any of the features, delivery services, databases, or content, or (2) edit or delete any documents, information, or other content appearing in in the Community.

Nothing in these Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Community or information provided to or gathered by Kaplan with respect to your use of the Community.

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