TERMS & CONDITIONS

These terms and conditions (“Terms”) govern the access to and use of https://rochesteronline.precollegeprograms.org/ (the “Site”) and the University of Rochester Pre-College Online Program (“Programs”) linked to the Site and supported by Kaplan North America, LLC. You agree to be bound by the Terms, which is an agreement between Kaplan and you. You further acknowledge that you reviewed the Privacy Policy and consent to the processing of your data and, if you submit  information on behalf of  your child, additionally your child’s data. If you choose to register for a Program for yourself, or, if applicable, your child, you also agree to the Enrollment Terms for the enrolled student (“Student”) as set forth below.

BY YOUR USE OF THE SITE, YOU AGREE TO ABIDE BY THE TERMS INCLUDING THE CERTIFICATIONS AT THE END OF THIS AGREEMENT AND IF APPLYING FOR A PROGRAM, YOU AGREE TO THE ENROLLMENT TERMS, ALL OF WHICH ARE INCORPORATED INTO THESE TERMS BY REFERENCE.  IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THIS SITE. 

Children Under the Age of 13: No one under the age of 13 may provide any information to or post any information on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, please have your parent or guardian contact us at support@precollegeonline.rochester.edu on your behalf. Please do not create an account on the Site or provide any information about yourself to us. 

Changes to the Terms: We reserve the right to change or modify the Terms at our sole discretion at any time. If you do not agree to the modified terms for the Site, you should discontinue your use, because your continued access constitutes binding acceptance of the modified Terms. It is important that you read this page regularly to ensure you are familiar with the most updated Agreement.

Your Account: You are solely responsible for maintaining the confidentiality of your login information and access to the email that you use to authenticate your account with us. You agree not to disclose your login credentials or otherwise share access to your account with anyone (with the exception of a Student sharing credentials with their parent/guardian for the sole purpose of the parent/guardian supporting the Student). We may terminate the enrollment or account if we determine, in our sole discretion, that you have violated this policy. 

Intellectual Property & Your Use of the Programs: Programs are for your personal and non-commercial use only.  Programs may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without our prior written permission. All video, audio, text, animations, books, diagrams, images and other content that you receive or to which you have access during your Programs or through your use of the Site(s), regardless of medium or format, (collectively, “Program Content”), are protected by copyright law.  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. Trademarks, logos, and service marks displayed or otherwise used on the Site and in Programs, including, but not limited to “University of Rochester Pre-College Online Program,” "University of Rochester," and “Kaplan,” are the registered trademarks of the School and/or us and may not be used without prior, written permission.  In some Programs, you may have access to digital versions of Program Content (“Digital Program Content”).  Subject to your compliance with these terms and conditions, we grant you a limited, personal, non-exclusive, revocable and non-transferable license to access Digital Program Content during your Program.

Links: You may be able to link from the Site(s) to third party websites and third party web sites may link to the Site(s) ("Linked Sites"). You acknowledge and agree that neither Kaplan nor University of Rochester has any responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by University of Rochester or us.

User Content:  When you submit  discussion board posts,  comments, photos, or 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 the User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented and to--subject to  applicable privacy laws—associate your name or likeness with the User Content. 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 under these Terms, 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

Kaplan, Inc.

550 West Van Buren Street

Suite 600

Chicago, IL 60607

By phone: (312) 385-1246

By email: copyright@kaplan.edu

Disclaimer and Limitation of Liability: PROGRAMS AND THE SITES 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 WE  HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR THE  PROGRAM.

Sanctions & Export Compliance: We comply with U.S., UK, EU, and other economic and/or trade sanctions and export laws and regulations. Programs 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 Institution or us to any registration requirement within such jurisdiction or country. Thus, Programs, including any software or services that are part of the Programs, 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 constitutes the entire agreement between the parties with respect to Programs and the Sites.  Terms cannot be changed or modified orally.  If any provision of these 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 these Terms shall continue in full force and effect.

Contact: All comments, queries and requests relating to the Site 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: ktplegaldept@kaplan.com

ENROLLMENT TERMS

Enrollment & Payment of Fees:  After receiving a notice of admission to the Program, you must register by the enrollment deadline to reserve your space in a Program. You will be required to pay the total cost of the Program (“Tuition” or “Fees”),  as stated in our communications to you. Fees owed must be paid in full before you will be permitted to access the Program. The costs of any hardware, software, internet connection, data usage, and, if required, books or other materials are separate from and not included in the Program Fees.

Switching Programs or Schedule:  Your notice of admission and reservation of your seat in the Program selected by you is for that specific Program(s) and their start and end dates (“Enrollment Period(s)”). If you need to change your Program(s) or Enrollment Period(s), please contact us as soon as possible (but no later than your original start date) to request the change. We will do our best to honor your request to transfer or switch your enrollment and any Fees paid to any available Program and/or Enrollment Period (subject to any published deadlines or restrictions and provided you pay any difference in Fees (if applicable) if we receive your request prior to your original start date.

Cancellations & Refunds: You may cancel your enrollment in any Program without penalty and receive 100% of tuition paid if we receive your request to cancel at least one week (seven (7) or more calendar days) prior to your scheduled start date. In no case will a refund for any Program exceed the actual amount paid to us for that Program. All Fees paid for a Program become non-refundable six (6) calendar days prior to your scheduled start date for that Program. There are no partial refunds. If your plans change six (6) or fewer calendar days prior to your scheduled start date, you may be able to transfer or “switch” your enrollment to another Program or Enrollment Period, subject to availability, any published deadlines or restrictions, and your payment of any difference in Fees.

Grading & Certificates: If you receive a satisfactory evaluation for at least 70% of your assignments and your final project by your end date, you will receive a Certificate of Completion. Evaluation criteria will be provided for each assignment and the final project at the start of your Program, and your assignment or project submission will be deemed satisfactory if you have met the stated criteria. Your Certificate of Completion will be emailed to you after your course is satisfactorily completed.

If you do not satisfactorily complete at least 70% of your Program’s assignments and all components of the final project by your end date, you will not receive a Certificate of Completion. Evaluations and decisions regarding your eligibility for a Certificate of Completion are final. Failure to earn a Certificate of Completion will not entitle you to any refund or compensation.

Programs are for Academic Enrichment: Although you may earn a Certificate of Completion, the program is for personal enrichment and accomplishment.  As such, no grades, college credits, or transcripts will be issued.

Technical Requirements: You will be responsible for meeting and maintaining the minimum technical requirements for your Program. Access to Programs requires internet access, for which we are not responsible. Programs are delivered on the Canvas Learning Success Platform (“Canvas”) and may require your use of Turnitin Plagiarism Review services (“Turnitin”). We are not responsible for the technical requirements for either Canvas or Turnitin.

Accommodations: We are committed to accessibility, inclusivity, and serving individuals with different abilities. If you require accommodations or have questions, please contact us at support@precollegeonline.rochester.edu so that we may coordinate your accommodation request.  Please contact us early and prior to your start date to allow time for the accommodations review process and implementation of any required accommodations.

Code of Conduct:  All students are expected to treat others, including other students, instructors, staff, and individuals appearing in the course, with dignity and respect at all times while participating in Programs and to be honest in all their dealings with the Program staff, and us. We may remove from any Program students whom we deem, in our sole discretion, to: 

–be disruptive to the learning environment or threatening or dangerous in any way to other students or staff; 

–have acted in a manner that shows a lack of dignity or respect for the Institution, students, staff, us, or others, including but not limited to behavior that could reasonably be considered harassment, bullying, sexual misconduct, or demonstration of bias against an individual or group because of their actual or perceived color, disability, ethnicity, sex, gender (including gender identification or expression), national origin, race, religion, sexual orientation, or other aspect of identity; 

–have lied or otherwise misrepresented facts to Program staff or us; 

–have engaged in academic dishonesty, including cheating or plagiarism; 

–have violated any intellectual property rights or committed copyright infringement, including unauthorized sharing of account access or Program content (does not include sharing of Student’s own original work, which is permitted); 

–have violated the privacy, confidentiality, or legal rights of the Institution, students, staff, or us;

–or have otherwise violated the Terms of Use governing their enrollment in the Program(s). 

If you are removed from a Program for violation of this Code of Conduct, you will not receive a Certificate of Completion and will not be entitled to any refund or compensation. Students who are removed from Programs for such violations are ineligible to enroll with us again and may be subject to further penalties, and/or reported to relevant authorities, as appropriate for the violation.

Student Work:  When you submit assignments, projects, or other coursework or  content (“Student Work”) as part of your participation in a Program, you grant to Kaplan North America, LLC an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense the Student Work, in whole or in part, in any format and on any platform either now known or hereinafter invented. If we wish to associate your image, likeness, or information that could specifically identify you with Student Work, we will seek your permission or parent/guardian permission to do so. You are solely responsible for the Student Work you submit to us. You represent that You have the right to submit Student Work and the right to grant the license described above. You warrant that Student Work, and any use thereof under these Terms, 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.

Program Changes: Programs, including Program Content, instructors, features, and services, are frequently updated, revised, or modified (“Program Changes”).  We reserve the right to make Program Changes at any time, subject to such changes not materially degrading the Program.

CERTIFICATION & RELEASE

·       You certify that you have enrolled yourself or your child for the sole purpose of your or their participation in the Program(s), and not for the benefit of anyone else;

·       You acknowledge that enrollment or participation in a Program does not guarantee earning a Certification of Completion; passing or earning a particular grade in or transferability of credit for any Program; admission to University of Rochester for any other program, now or in the future; application of Certificate or credit toward any specific degree requirements at University of Rochester; or acceptance of Certificates or credits by any school, college, or university.;

·       You certify that neither you, your child (if enrolling your child) nor any person contributing to payment for Programs 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, your child (if enrolling your child) nor any person contributing to payment for Programs 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 neither you nor your child (if enrolling your child) are enrolling in the Program in order to, nor will you use the Sites or 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;

·       You authorize us to charge your method of payment in accordance with the amounts displayed to you at the times of payment.

BY COMPLETING YOUR ENROLLMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS INCLUDING THE ENROLLMENT TERMS IN THEIR ENTIRETY, INCLUDING ANY AND ALL RELATED LINKS, AND YOU AFFIRM YOUR UNDERSTANDING AND AGREEMENT TO BE BOUND BY THESE TERMS.

Rev. August 2024