TERMS AND CONDITIONS: Your purchase, enrollment in and use of products, services and events (collectively “Program”) offered by Kaplan North America, LLC ("Kaplan") hosted on kaptest.com its respective subdomains, third party hosting platforms (the “Site(s)”), and Kaplan mobile apps (the “App(s)”), are subject to these terms and conditions (“Terms”).  If You purchase or enroll in the Program for use by another (for example, a parent purchasing for a child) these Terms govern both You and other(s) who use the 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 enroll in the Program.  Individuals aged 13-17 must have a parent or guardian purchase the Program for them.

Program Fees: You agree to make full payment for Programs in the amount(s) listed in your shopping cart, the Order Confirmation email You will receive, or as communicated by 1-800-KAP-TEST representatives during registration. Standard shipping and handling charges apply.  Rates may be higher if you enroll within seven days of your intended Program start date or if we are shipping outside the United States. You must complete payment prior to commencing the Service unless you participate in installment or subscription billing.

Installment Billing: If You select installment billing we will charge an Installment Billing registration fee and make three charges to your credit card as reflected in the Order Summary section of your shopping cart. Failure to complete timely payment (or credit card payments being declined) may result in the discontinuation of services. Returned checks are subject to a $30 handling fee.  You authorize all such charges.

Affirm Billing: If You purchase the Service with Affirm, Inc. ("Affirm"), You will make monthly installment payments to Affirm as set forth in your loan agreement with Affirm. Affirm's Terms of Service please review Affirm Terms.

Administrator Portal: Some of Kaplan's Programs include an administrator portal for schools that you may attend to assist them in improving their curriculum, tracking usage and performance data about you or the class, and in making decisions about supplemental services. (The administrator portal lists name, email, usage and performance data). When contracting with Kaplan for Programs on your behalf or making arrangements to have the Programs available to you, the administrator portal is automatically opened to the school or organization that has made the purchase. For direct purchases made by you, you may opt to provide consent when prompted in the purchase process to open the administrator portal to the school you identified in the account page to help improve their curriculum, meet accreditation requirements, and reach out to you about participation in their supplemental services.

Guarantee: Select Kaplan Programs offer a Higher Score Guarantee (HSG) which may qualify You for your money back or the continuation of your prep for free. Subscription based purchases are not eligible for HSG. Visit HSG Eligibility for which products are eligible and to review the complete HSG eligibility criteria.  NOT ALL PROGRAMS ARE ELIGIBLE FOR HSG. HSG is only available for Programs purchased directly from Kaplan and does not apply to purchases made from resellers or other third party intermediaries. HSG is not a promise or representation by Kaplan of any outcome, score or increase. Kaplan does not guarantee acceptance to any school or residency program, passage of any exam or any other such outcome.

Data Privacy: You agree to Kaplan’s privacy policy which may be reviewed at Privacy Policy.  Some Programs offered through affiliation and contract with trusted partners (“Affiliated Programs”) have additional privacy policies for your review of how they use your data and request your consent when interacting with the Sites.  By enrolling in Affiliated Programs, You agree that Kaplan may share your Personal Data, usage and performance data reports with these affiliated, trusted partners.

Refunds: Refunds are not available once a Program has ended. Refund policies vary by Program and can be reviewed at Refund Policy  for information specific to your Program. Refunds may not be combined with free repeats under HSG. To qualify for a refund, You must return all materials. Shipping, handling and other processing fees (such as for Installment Billing) are non-refundable. If your Program Fees were paid by a third party any refund due will be paid to that third party. In no event may a refund exceed the amount that Kaplan received for the Program.  Refunds are available only for Programs purchased directly from Kaplan and are not available for purchases made from resellers or other third party intermediaries.

Subscription Based Purchases and Cancellations: Kaplan will charge your credit card on a periodic basis (monthly, for monthly subscriptions each a "Subscription Period") until you cancel the subscription.  To cancel, chat us or call 1-800- KAPTEST. If you cancel within 3 days of your initial purchase date, we will provide a 100% refund for the first Subscription Period.  No other refunds are available. You must cancel 3 days before the end of the current Subscription Period (the "Expiration Date") to avoid being charged for the next Subscription Period.  Find the Expiration Date in your "My Account" page.

Intellectual Property: All content and functionality in this Site and in our Programs, including text, graphics, logos, icons, images, books, questions, explanations, 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 the Site or, if applicable, the Programs only for your own personal, non-commercial use.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, re-publish, download, store or transmit any of the material on the Site, Programs or Content, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Site, Programs or Content.
  • Resell, share, distribute, download, record, screenshot, copy, lease, transfer or commercially use the Site, Programs or Content.
  • Create or attempt to create a substitute or similar service or product through the use of or access to the Site, Programs, Content or any proprietary information.
  • Delete, deface or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site, Programs or Content.
  • Decompile, scrape, disassemble, reverse-engineer or otherwise attempt to steal the software code of the Site, Programs or Content.

Any use of the Site, Programs or Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks: The Site, Programs and Content feature logos, company names, product names, service names, designs, slogans and other trademarks and service marks (collectively, the “Marks”) that 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.  Nothing contained in the Site, Programs or Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without written permission of Kaplan or any such third party that may own a Mark displayed on the Site, Programs or Content.  Kaplan reserves all rights not expressly granted in and to the Site, Programs and Content.

Third Party Sellers: Some of the products advertised on the Site(s) are sold by third parties, including other Kaplan affiliates (“Third Party Sellers”).  Kaplan is not liable or responsible for products and services purchased from Third Party Sellers (“Third Party Products”) or for the acts or omissions of Third Party Sellers.  Third Party Sellers are solely responsible for information on the Site(s) about their Third Party Products (“Third Party Product Listings”) and Kaplan makes no representation about Third Party Listings or Third Party Products.  Kaplan does not endorse or vouch for Third Party Sellers or Third Party Products. If you visit a Third Party Seller’s website or purchase or use Third Party Products you do so at your own risk. HSG and refunds from Kaplan are not available for Third Party Products.  Kaplan’s Privacy Policy applies only to information collected by Kaplan.

Links to Third Party Sites.  The Program may provide links from the Site to third-party websites and third party web sites 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. Kaplan is committed to complying with copyright and related laws and requires all users of the Site to comply with these laws.  Accordingly, you may not store any material or content or use or disseminate any material or content through the Site 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 Sites.

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

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: 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. 

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 Kaplan Program does not meet your needs, Kaplan will provide a full refund.

Program Changes: Kaplan frequently updates, revised and modified Programs, including Program Content, features and services (“Program Changes”).  Kaplan reserves the right to make changes to Program Changes at any time, subject to such changes not materially degrading the Program. 

Tutoring Policies (other than for the Bar Examination): If You purchase a tutoring Program, You and your tutor(s) will plan a schedule that is mutually convenient. If you have purchased in-person tutoring and a local Kaplan tutor is unavailable in your area or a mutually convenient schedule cannot be reached, Kaplan will provide a refund of unused tutoring hours. If You need to cancel or postpone a lesson, You must directly notify your tutor at least 24 hours in advance. Failure to do so will result in a deduction of the hours from your tutoring package or payment of a $100 rescheduling fee, at Kaplan’s discretion. For in-home tutoring, students under the age of eighteen must have a parent, guardian, or other responsible adult present at all times. If You enroll in a tutoring package without a classroom course, your tutoring package may not be eligible for the Higher Score Guarantee or money back offer.

Tutoring Policies for Bar Examination Review: All Kaplan tutoring sessions are delivered via phone or video chat. Tutoring sessions are non-refundable after the first session has commenced. If You miss a scheduled session, Kaplan will make efforts to reschedule that session. If a mutually convenient rescheduled appointment cannot be reached, the hours for that missed session will be forfeited.

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 an 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 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.

Tax: Purchases may be subject to taxes. Tax rates are different from state to state. You are responsible for paying all such taxes.

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.

Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:

By mail: Kaplan Inc. 1515 W Cypress Creek Road, Fort Lauderdale, FL  33309

By email: ktplegaldept@kaplan.com

Certification and Release

  • You certify that neither you nor any person contributing to payment for Kaplan services 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 for Kaplan services 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 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;
  • 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 agree that Kaplan and any third party technology vendor used to deliver the instruction, has 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 for instruction, may be used internally for quality assurance and training to improve the Programs, or for other internal purposes.
  • You certify that you have enrolled with Kaplan for the sole purpose of exam preparation and not at the discretion of, or for the benefit of, any Kaplan competitor;
  • You understand that Kaplan Programs do not guarantee passing of any exam or any increase in scores;
  • 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; and
  • YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS IN THEIR ENTIRETY INCLUDING ANY AND ALL RELATED LINKS.BY SUBMITTING, YOU AFFIRM YOUR UNDERSTANDING AND AGREEMENT TO BE BOUND BY THESE TERMS.

Rev. March 2022