Manhattan Prep Policy & Terms
TERMS & CONDITIONS: Your purchase, enrollment in and use of products, services and events (“Programs”) sold by Kaplan North America, LLC d/b/a Manhattan Prep, and your access to manhattanprep.com, kaptest.com and other websites operated or controlled by Kaplan North America, LLC (the “Site(s)”) are subject to these terms and conditions (“Terms”). If You purchase a Program for use by another, these Terms govern both You and the user of any Program you purchase (collectively, “You”). You agree to be bound by the Terms, which is an agreement between Kaplan and You.
Children: Children under the age of 13 are not permitted to purchase or enroll in Programs. Children may provide information to Kaplan and participate in Programs only with the consent of a parent or guardian.
Program Fees: You must make full payment of all Program fees and other charges, including any shipping and handling charges (“Tuition”) prior to the start of your Program(s). All payments made to Kaplan are nonrefundable. Due to the proprietary nature of our materials, our limited class size, the scheduling/booking costs of our instructors, and our own administrative costs, we are not able to provide refunds to students for any reason. This applies both to deposits and any other payments for all courses, private tutoring, workshops, product sales, and all other purchases. Please note that refunds are not issued for missed class sessions, course withdrawals, or unused private tutoring hours.
Program Switches: If you are enrolled in a Program that has not yet begun and has not sold out, you may switch into another Program with no penalty by contacting Student Services at least 48 hours prior to the start of the class you are currently enrolled in. If your Program has already begun or has sold out, you can switch into another upcoming Program by paying a switch fee; contact Student Services for details.
Access Periods: Programs may include access to digital resources (“Online Resources”). Access periods vary by Program. Complete Course and Live Course students have access to Online Resources beginning at the point of registration and ending 3 months after the course end date. Self Study students (Interact or Guided Self Study programs) have access to Online Resources for 6 months beginning at the point of purchase. Tutoring students will have access to Online Resources for 9 months from the purchase of tutoring hours.
Program Retakes: If you have completed a Program with Kaplan, you may enroll in a second Program for a significantly reduced re-take fee. To take advantage of this option, contact Student Services at 800-567-4628 or firstname.lastname@example.org.
Class Schedule and Location Changes: Class schedules and locations of Programs are subject to change and/or cancellation. Kaplan will notify You of any changes or cancellations. If an alternative Program does not meet your needs, you will receive a full refund.
Intellectual Property: All Programs, including Sites and Apps, are owned by Kaplan and its licensors. Programs are for your personal and non-commercial use only. You may not enroll in or use any Program for the benefit of any competitor of Kaplan. Programs may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without Kaplan’s prior written permission. All books, video, audio, text, questions, explanations, diagrams, images, animations and other content that You receive or to which You have access during your Program, 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 class or any part of your Program. You may not attempt to decompile, reverse engineer, scrape or datamine Programs. The trademarks, service marks, designs, and logos displayed in Programs are the registered and unregistered trademarks of Kaplan, Kaplan’s licensors and Third Party Sellers and may not be used without Kaplan’s prior, written permission. Third Party Products are owned by such Third Parties and their respective licensors.
Programs may include digital access to Program Content. Subject to your compliance with these terms and conditions, Kaplan grants You a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content during the access period of your Program. Access periods may be viewed from the account management page of your Kaplan online account.
Links to Third Party Sites: The Program may provide links from the Site to third-party websites and third party websites may link to the Site (“Linked Sites”). If You use these links, You will leave the Site. Kaplan provides these links to You as a convenience to deliver services and Program Content. Kaplan does not make any representations or take responsibility for such third-party sites, including, without limitation, the accuracy or quality of their content, services, data collected, advertising, and activities conducted on or through such third-party sites. If You decide to access any of the third-party websites linked to from the Site, You must follow the privacy policies and terms and conditions for those third-party websites. YOU AGREE THAT KAPLAN WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
User Content: If You submit comments, photos and other content to us (“User Content”) through Site(s), 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.
Copyright Policy: If you are a copyright owner or agent thereof and believe that content on the Site(s) infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) 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
Passwords: When You set up a Kaplan account, 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. Kaplan has the right to terminate your account for any reason at our sole discretion without notice to You.
Mobile Devices, Phone Calls & SMS: Programs may offer Content and 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.
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. Access to Programs may require internet access, for which Kaplan is not responsible. Access to digital publications may require setting up an account on a third party site.
Student Code of Conduct: Kaplan may remove from Programs 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 school’s health and safety policies, repeatedly violate policies such as classroom etiquette, have acted in a manner that shows lack of dignity and respect for faculty 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 Programs for violations of the Code of Conduct are not eligible for refunds or eligible to purchase other Programs.
CLASSROOM ETIQUETTE: You must follow proper classroom behavior when participating in the Program and engaging with fellow students and faculty online or in-person, as applicable:
(1) 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.
(2) 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
(3) 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.
(4) Be Prepared to Learn. Arrive to class on time and come to class prepared. Refrain from checking any other websites (social media, gaming, etc.) or messages during class.
(5) 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.
International Students: If You study in the U.S. on a international student visa You are responsible for complying with all of the terms of that visa, including timely departure from the U.S.
Disclaimer and Limitation of Liability: PROGRAMS ARE 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 PROGRAM.
Arbitration & 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, the arbitration shall take place in New York City. 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 Program may be subject to United States, UK, EU, and other sanctions regulations and export controls. Thus, no software or services from the Program 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.
Tax: Purchases may be subject to taxes in many states. Tax rates are different from state to state. You are responsible for paying all such taxes.
Consent and Release
- During your Program, Kaplan may contact You for feedback related to your Program (collectively referred to as “Student Experience Materials”). You agree that Kaplan may use the Student Experience Materials for internal purposes.
- Program 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 purchasing the Program(s), You give Kaplan and the third party technology vendor used to deliver the instruction, consent to record any participation you choose to engage in during the sessions (i.e. chats, shared screen time initiated by you). The Program recordings may be made available to other Kaplan students to review when a session is missed. The Program recordings may also be used internally for quality assurance and training to improve the Programs or for other internal purposes.
- You certify that neither you nor any person contributing to payment for the Program on your behalf are 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 you are not enrolling the Program in order to, nor will engage in any activity while enrolled in the Program that will, cause Kaplan to violate any sanctions or export controls law, rules, and regulations;
- You acknowledge that access to the Program 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.
These Terms supersede all prior oral or written agreements and constitutes 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.
Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:
By mail: Kaplan North America, LLC 1515 W Cypress Creek Road, Fort Lauderdale, FL 33309
By email: firstname.lastname@example.org
Rev. December 2021