Terms of Service
1. Acceptance of Terms. http://joinaccelpro.com/ (the “Site”) is operated by Kaplan North America, LLC (“Kaplan”). The Terms of Service (“Terms”) sets forth the terms and conditions that govern access to and use of the Site and subscribers of AccelPro™ Publications, podcasts and services (the “Publication Service(s)”), and the materials and content available therein (“Content”). The information provided on the Site and in the Publication Services is not intended to constitute legal or professional advice and is meant for general information purposes only to learn more about a topic. It is important that you review the Terms carefully before using the Site as it is a legal agreement between you and us. Your use of the Site indicates that you agree to follow and be bound by the Terms. If you do not agree with these Terms, do not use this Site. We reserve the right to modify these Terms at any time. If you continue to use the Site after changes are posted, you will be deemed to have accepted the modified Terms. Please read this page regularly to ensure you are familiar with the most updated Terms.
3. Compliance With Applicable Laws. As a condition of your access to and use of the Site and the AccelPro™ Publication Services, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms.
4. Prohibited Use. Do not misuse the Site or any of the Content provided on the Site. You may not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way that is unlawful, illegal, fraudulent or harmful; or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or theAccelPro™ Publication Services other than as expressly allowed under the Terms; (b) use the Kaplan or AccelPro™ name, trademarks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; (e) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (g) otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
5. User Content. If you post any content (text, images, photographs, audio, video, or material in any other form) and communicate with others (“User Content”) through the Site, social media communities, survey responses, email or otherwise, you grant us an irrevocable, royalty-free, perpetual, worldwide, transferable, license to display, 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.
6. Prohibited Content. You agree that you will not email or post any of the following content anywhere on the Site:
- Content that defames, harasses, or threatens others
- Content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
- Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
- Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, or trade secrets
- Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
- Material that contains obscene (i.e., pornographic) language or images
- Advertising, promotional materials, or any form of commercial solicitation
- Content that impersonates or attempts to impersonate another user, person, or entity (including, without limitation, the use of email addresses associated with any of the foregoing)
- Content that otherwise harms other users or visitors to the Sites
- Content that is otherwise unlawful or that violates any applicable local, state, national or international law.
7. Copyright. We respect the rights of all copyright holders, and we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. 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:
Attn: Copyright Agent
1515 W Cypress Creek Road
Fort Lauderdale, FL 33309
By phone: (312) 385-1246
By email: firstname.lastname@example.org
This contact information is only for suspected copyright infringement. We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
8. Intellectual Property. The Site, AccelPro™ Publication Services, Content (including, but not limited to text, photographs, graphics, video, audio content, and computer code) and the services feature logos, names, program names, service names, designs, slogans and other trademarks and service marks (collectively, the “Marks”) are registered and unregistered Marks of and owned by Kaplan North America, LLC, 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. Nothing contained in the Site, the AccelPro™ Publication Services, or the Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without written permission of Kaplan North America, LLC or any such third party that may own a Mark displayed on the Site, content, or any programs or services. Kaplan North America reserves all rights not expressly granted in and to the Site, content, or any programs or services.
Subject to your compliance with these Terms, Kaplan grants you a personal, non-exclusive, non-transferable, revocable license to access the AccelPro™ Publication Services and use the Site solely for your own personal, non-commercial use. Sharing, selling or attempting to transfer your license is prohibited. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, re-publish, download, store or transmit any of the Content on the Site, except as permitted in the Terms. The burden of determining that your use of any information, software, or any other Content on the Site is permissible rests with you. Any use of the Site, Content, or the AccelPro™ Publication Services not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws.
You will be responsible for all usage and activity on your account, including use of the account by any third party authorized by you to use your login credentials, and for all charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under these Terms.
9. Third-Party Content and Links to Third-Party Websites. The Site may contain third-party owned content and links to other websites (“Linked Sites”). Kaplan does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. Kaplan is not responsible for the content or privacy practices of the Linked 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.
10. Passwords: Should you decide to set up an account, You must choose a user id and password. You are solely responsible for maintaining the confidentiality of your user id and password and for any and all use of your account. If you purchase a subscription, the subscription is non-transferable and is to be used only by you. You agree not to disclose your user id or password to any third party. Sharing of user ids and passwords is a violation of this Agreement and will result in immediate suspension of your access. Kaplan has the right to terminate your account for any reason at our sole discretion without notice to you.
11. Disclaimer of Warranties. THE SITE, THE ACCELPRO™ PUBLICATIONS AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KAPLAN DOES NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE, THE ACCELPRO™ PUBLICATIONS, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. KAPLAN DOES NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED. NONE OF KAPLAN NORTH AMERICA OR ITS EMPLOYEES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SITE MAY BE IMPAIRED. KAPLAN NORTH AMERICA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SITE OR ANY INFORMATION OR SERVICES RELATED TO IT.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL KAPLAN OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KAPLAN NORTH AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE WASHINGTON POST’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify and hold harmless the Kaplan North America, LLC and each of its respective parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all third party claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of the Terms, or your failure to fulfill any obligations relating to your program or services, or your violation of any law or rights of any third party.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
14. Governing Law
This Agreement shall be governed by the laws of the United States and the state of Florida. By using the Site, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
15. 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 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.
Kaplan North America may terminate this agreement for any reason at any time. Kaplan North America reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Site, or Publication Services with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
17. 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 in violation of sanctions laws 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.
In connection with your use of the Site, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Site.
No Waiver. The failure of Kaplan North America to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.
Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and Kaplan North America, LLC to govern your use of the Site, and AccelPro™ Publication Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.