The New School (“School”) has partnered with Kaplan, Inc. (“Kaplan,” “we” or “us”), a leader in online education, to power and support certain of the School’s online programs designed for students ages 13-18 (“Precollege Programs”). Your purchase, enrollment in and use of Precollege Programs and your access to fashionanddesign.precollegeprograms.org and any connected sites (the “Site(s)”) are subject to these terms and conditions (“Terms”). If you purchase one of School’s Precollege Programs from Kaplan (“we,” “us” or “our”) for use by another (for example, a parent purchasing for a child) these Terms govern both you and other(s) who use any Precollege Program you purchase (collectively, “you”). You agree to be bound by the Terms. This is an agreement between you and us.
Children: Children under the age of 13 are not permitted to purchase Programs. Children may provide information to us and participate in Programs only with consent of a parent or guardian.
Program Fees: You may be required to pay fees in order to apply and be considered for admission to Precollege Programs (“Application Fees”). You must pay any required Application Fees in order to be considered for admission to a Precollege Program. Application Fees are separate from and not included in the cost of the course (“Tuition”). Full payment of Tuition is required to reserve your space and enroll in a Precollege Program, and Tuition must be paid in full no fewer than fourteen (14) days prior to the program start date. In our sole discretion, we may reserve your space in advance of Tuition payment for a limited time following your acceptance to the program, though we are not obligated to do so. In no case will a student be allowed to begin a Precollege Program prior to Tuition being paid in full.
Refunds: With the exception of Application Fees paid as part of the application or admissions process (“Application Fees”), payments made to enroll in and attend Precollege Programs are 100% refundable when requested fifteen (15) or more days prior to your scheduled program start date. You must contact us and request a refund at least fifteen (15) days prior to your scheduled program start date in order to be eligible for a refund. All payments become non-refundable fourteen (14) days prior to your scheduled program start date, and no refunds will be issued for requests submitted fourteen (14) or fewer days from your scheduled program start date. No partial refunds will be issued at any time. In no case will a refund exceed the actual amount paid to us. Application Fees are non-refundable.
Switching Program Sessions: Your admission to and enrollment in Precollege Programs is for a specific program with scheduled start and end dates. If space is available and if, in our sole discretion, there would be no adverse impact to your experience or the experience of other students, we will make reasonable efforts to transfer your admission or enrollment from your selected program session to another scheduled session. In order to switch program sessions, you must contact us at least fifteen (15) days prior to both your scheduled start date and the scheduled start date of the program you would like to attend instead. We cannot accept program session changes fourteen (14) days or fewer from the initial or proposed program start date or once your program is in progress.
Technical Requirements: You will be responsible for meeting and maintaining the minimum technical requirements for your Precollege Program. Access to Programs requires internet access, for which we are not responsible. Precollege Programs are delivered on the Canvas Learning Success Platform (“Canvas”), the technical requirements for which we are not responsible.
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.
Academic Requirements: You must satisfactorily complete and submit at least 70% of your program’s assignments and all elements of the program’s final project, by the program end date in order to earn a Certificate of Completion. Evaluation criteria will be provided at the start of the program. Students in certain Precollege Programs may be eligible to receive special distinctions or other designations given for work of superior or exceptional quality. Requirements to earn these designations, if available, will be provided to you at the start of the program. If you do not satisfactorily complete and submit at least 70% of your program’s assignments and all elements of the final project by the program end date, you will not receive a Certificate of Completion. Decisions regarding Certificates of Completion and other designations are at the discretion of us and School. If you are deemed ineligible for a Certificate of Completion or any other designation, you will not be entitled to any refund or compensation.
Student Code of Conduct: We may remove from any Precollege Program students whom we deem in our discretion to be disruptive to the learning environment, dangerous to other students, have acted in a manner that shows a lack of dignity or respect for instructors, staff, and/or students, violated any intellectual property rights, or have engaged in academic misconduct, such as cheating or violating confidentiality. If you are removed from a Precollege Program for violations of this Code of Conduct you will not eligible for a Certificate of Completion, refund, or any other award or compensation.
Intellectual Property: Precollege Programs and the Site(s) are owned by us and/or our licensors, including School. Precollege Programs are for your personal and non-commercial use only. Precollege 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 Precollege Program or through your use of the Site(s), regardless of medium or format, (collectively, “Precollege Program Content”), are protected by copyright law and belong to School or us and our licensors, including School. You may not download, record, screenshot, copy or reproduce Precollege Program Content in any way. You may not make any audio and/or video recording of a class or any part of your Precollege Program. You may not attempt to decompile, reverse engineer, scrape or datamine Precollege Programs. Trademarks, logos, and service marks displayed or otherwise used on the Site and in Programs, including, but not limited to “The New School,” “Parsons,” “Parsons Paris,” and “Kaplan,” are the registered trademarks of the School and/or us and may not be used without prior, written permission. You may have access to digital versions of Precollege 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 Precollege Program.
Links: You may be able to link from the Site to third party websites and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no 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 us.
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, licence 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
550 West Van Buren Street
Chicago, IL 60607
By phone: (312) 385-1246
By email: firstname.lastname@example.org
Program Changes: The School and Kaplan frequently update, revise and modify Precollege Programs, including Program Content,instructors, features, and services (“Program Changes”). The School and Kaplan reserves the right to make Program Changes at any time, subject to such changes not materially degrading the Program.
Disclaimer and Limitation of Liability: PRECOLLEGE PROGRAMS AND THE SITES ARE PROVIDED “AS IS” AND WE AND SCHOOL DISCLAIM 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 OR SCHOOL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF KAPLAN AND/OR SCHOOL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.
Choice of Law & Disputes: The Terms are governed by New York Law, excluding its choice of law provisions. All claims, disputes and/or lawsuits arising from or relating to this Agreement, Precollege Programs or the Sites shall be exclusively resolved in the state and federal courts of New York.
Export: Software related to or made available by the Precollege Program may be subject to United States export controls. Thus, no software from the Precollege Program may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Crimea or any other country or region to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Miscellaneous: These Terms supersede all prior oral or written agreements and constitutes the entire agreement between the parties with respect to Precollege 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 these Terms and Conditions are welcomed and should be addressed as follows:
By mail: Kaplan Inc. 750 Third Avenue, 7th Floor, New York, NY 10017
By email: email@example.com
Rev. November 2019