KPS User Agreement

Last Revised: January, 2005

Welcome to the Web sites for Kaplan Professional Schools ("KPS Sites"), specifically, the Anthony Schools, Jones College, Dearborn Real Estate Institute, Leonard-Hawes Real Estate School, Kaplan Real Estate Schools, Kaplan Professional Schools Nevada, Southern Nevada School of Real Estate, Kaplan Professional Schools, and PROSOURCE Educational Services (collectively "Kaplan Professional Schools" or "KPS"). The Kaplan Professional Schools are all part of the family of Kaplan companies, which are owned and operated by Kaplan, Inc. ("Kaplan"). This User Agreement, including our Privacy Policy, governs your use of the KPS Sites.

Please read this User Agreement carefully, because by visiting or using the KPS Sites, you agree to follow its rules. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page and information collection forms. Your continued use of the KPS Sites after any modification indicates your agreement to the new terms.

Privacy Policy

Please review our Privacy Policy, which is a part of this User Agreement and describes how KPS handles any personally identifying information collected from visitors to the KPS Sites.

Copyright

Web Site Materials. Copyright on the KPS Sites and all materials included in it is owned by or licensed to KPS and all rights are reserved. You must abide by all copyright notices and restrictions contained on the KPS Sites.

You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use ("Use") any materials from the KPS Sites, including computer programs or other code ("Site Materials"). In particular you are expressly prohibited from Using any test or exam questions, charts, graphics, or other materials (collectively, "Exam Materials"), except as expressly set forth in the instructions for taking the test or exam.

You may make a single machine-readable copy of Site Materials other than Exam Materials solely for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on such Site Materials.

Trademarks

ANTHONY SCHOOLS, JONES COLLEGE, DEARBORN REAL ESTATE INSTITUTE, LEONARD-HAWES REAL ESTATE SCHOOL, KAPLAN PROFESSIONAL SCHOOLS NEVADA, KAPLAN REAL ESTATE SCHOOLS, SOUTHERN NEVADA SCHOOL OF REAL ESTATE, Kaplan Professional Schools, PROSOURCE EDUCATIONAL SERVICES, KAPLAN, and any other trademarks on the KPS Sites are trademarks owned by Kaplan ("Kaplan Trademarks"). You may not use the Kaplan Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.

Links, Frames, and Metatags

You may link to the home page of the KPS Sites as long as the link does not cast us in a false or misleading light. Please let us know if you link to the KPS Sites by contacting us at privacy@kaplanprofessionalschools.com.

You may not frame the content of the KPS Sites. You may not use metatags or any other "hidden text" that incorporates the KPS Trademarks or our name without our express written consent.

Links to Other Web Sites

The KPS Sites may contain links to other Web sites, including other Kaplan company Web sites. This User Agreement and the Privacy Policy do not apply to these other Web sites. Be sure to read the user agreements and privacy policies that govern your use of these other Web sites.

Disclaimer and Limitation of Liability

THE KPS SITES AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE "CONTENTS") ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. KPS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB SITE CONTENTS, INCLUDING WITHOUT LIMKaplanTION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EXCEPT AS MAY BE EXPRESSLY STATED ON THE KPS SITES, NEITHER KPS NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE KPS SITES, OR THE INFORMATION OR CONTENTS AVAILABLE FROM THE KPS SITES. THIS IS A COMPREHENSIVE LIMKaplanTION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMKaplanTION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
THE CONTENTS OF THE KPS SITES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THE KPS SITES. KPS MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THE KPS SITES, THE CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.

Governing Law

This User Agreement will be governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State and County of New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Termination

We reserve the right to suspend the KPS Sites or terminate this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

KPS Privacy Policy

Last Revised: December, 2006

This is the Privacy Policy for the Web sites of the Kaplan Professional Schools ("KPS Sites"). The Kaplan Professional Schools include the Anthony Schools, Jones College, Dearborn Real Estate Institute, Leonard-Hawes Real Estate School, Kaplan Real Estate Schools, Kaplan Professional Schools Nevada, Southern Nevada School of Real Estate, Kaplan Professional Schools, and PROSOURCE Educational Services (collectively "Kaplan Professional Schools" or "KPS"). The Kaplan Professional Schools are all part of the family of Kaplan companies, which are owned and operated by Kaplan, Inc. ("Kaplan"). This Privacy Policy, which is part of the KPS Sites User Agreement, governs your use of the KPS Sites.

Your privacy is very important to us and we are committed to protecting it. We understand that our site visitors and registered users need to be in control of their personal data. This Privacy Policy explains how and why we collect personal data from you and how we use it. Our Privacy Policy is designed to ensure that you are aware of how your personal data is being used and to provide you with choices about that use.

By visiting any of the KPS Sites or submitting your personally identifiable information to us, you accept the terms described in this Privacy Policy. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page and information collection forms. Your continued use of the KPS Sites after any modification indicates your agreement to the new terms.

Collection and Use of Personal Data

Personally Identifying Information. When you register for our classes, make purchases from us, subscribe to our newsletters, fill out a survey, or request information from the KPS Sites, we will use our registration screens and online forms to collect personally identifying information such as your name, address, e-mail address, and credit card information ("personal data"). We may also collect some or all of this personal data from you through our print enrollment forms, or if your employer offers one of our courses. In addition, if you send us an e-mail or communicate with us offline, we may collect the personal data that you voluntarily provide us at that time.

We may use your personal data in the following ways:

• for the purpose for which you specifically provided the personal data, for example to provide one of our classes, or to deliver the results of class exams and assignments, or to respond to a specific inquiry;
  
  
• to send surveys or questionnaires so that we can learn more about our customers' needs and interests;
  
  
• to provide you with information via email about new products or services that we think might interest you.

Anonymous Information. You can visit most pages on the KPS Sites without giving us any personal data. Your visit may automatically provide us with anonymous data that is not linked to your personal data, such as your IP (Internet Protocol) address, browser type, operating system, domain name, access times, and referring web site addresses. Some parts of the KPS Sites use cookies and embedded pixel technologies to facilitate your use of the Web site and to track general traffic. You can learn more about these anonymous data collection devices in the section entitled Cookies, below.

We use a service provider to track and analyze non-personal data, such as usage and volume statistical information from site visitors. This anonymous data will not be linked to your personal data. We use your anonymous data to obtain general statistics regarding the use of the KPS Sites and its specific Web pages and to evaluate how our visitors use and navigate our Web site on an aggregate basis.

In an effort to provide you with the most relevant Web site content and marketing materials, we may also use embedded pixel technologies to help track site usage and response to our marketing campaigns. Again, the anonymous information we capture through this mechanism is not linked to your personal data.

Sharing with Third Parties

If your employer is providing our courses to you, then upon your employer's request, we will provide your class attendance record and exam results. Otherwise, we share your personal data only with service providers who help us to run the KPS Sites or to fulfill your requests. These service providers are restricted from using your personal data in any way other than for the service they are providing. Other than these service providers, KPS does not share your personal data with any other third parties.

We may also need to disclose your personal data to third parties if we, in our sole discretion, believe it is required by law, to enforce our User Agreement or this Privacy Policy, or in connection with a sale or transfer of some or all of our assets in the KPS Sites.

We may share your contact information with trusted affiliates who will adhere to the terms of this privacy policy, in order to provide you with information via email about co-branded products and services that we think might interest you. Your information will not be sold, shared or used for any other purpose outside of these companies.

Other than these limited exceptions, KPS will not share your personal data without your permission.

Transfer to the United States

If you are located outside of the United States, please note that the personal data you provide to us will be transferred to the United States. Whenever you submit any personal data to us, you consent to this transfer.

Your Ability To Choose

You can let us know that you do not wish to receive any further information from us by clicking the unsubscribe link in the emails we send you, or by updating your contact preferences online at http://www.home-inspect.com/preferences/updatepreferences.asp.

Please note that this opt-out mechanism does not apply to email that we send you to (i) confirm your registration in one of our courses, (ii) confirm any other purchases from us, or (iii) provide you with information regarding your attendance or exam results.

Cookies

We use cookies to allow you to move quickly through our site, to allow you to take advantage of some of the KPS Sites' special features, and to collect information about your use of the KPS Sites. A cookie is a string of information that is sent by a Web site and stored on your hard drive or temporarily in your computer's memory. Cookies are small files and won't pose any significant disk-space concerns. Some cookies used by KPS may remain on the user's computer after they leave the web site, but most are set to expire within 30-365 days.

Cookies benefit you by creating a more streamlined login process, keeping track of shopping cart additions and preserving order information between sessions. As we enable further customization of the site, cookies will help in assuring that the information provided to you will be relevant to your needs. You can disable our cookies using the cookie-menu on your Web browser, but doing so will prevent you from taking advantage of customization and certain security features. To learn more about cookies and browser functionality, search for "cookies" in the help function of your browser.

Security

KPS is concerned with the security of your personal data. To keep that data secure, we restrict unauthorized access through protective policies, procedures, and technical measures. In addition, KPS uses standard security protocols and mechanisms to transmit sensitive data such as credit card details.

Links to Other Web Sites

The KPS Sites may contain links to other Web sites, including other Kaplan company sites. This Privacy Policy covers only the KPS Sites and not other sites - including other Kaplan Web sites. Be sure to look for the privacy policies that govern your use of these other Web sites.

Review and Correction; Questions

You may update your personal data and contact preferences online at http://www.home-inspect.com/preferences/updatepreferences.asp. You can also send us any questions you have about the collection and treatment of your personal data via email to privacy@kaplanprofessionalschools.com.

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

The Family Educational Rights and Privacy Act (FERPA) affords eligible students and their parents certain rights with respect to their education records including:

1. Online student records are maintained for a minimum of 6 years from the end of the award year aid was last awarded or award year the student last attended. Campus student records are retained for a minimum of 5 years from the end of the award year aid was last awarded or award year the student last attended. Academic transcripts are maintained indefinitely.
   
   
2. Students have the right to inspect and review their education records during normal school hours with an appointment within 45 days of the day the Campus President/Executive Director receives a written, dated request for access. Kaplan University does not permit students to inspect or review confidential student guidance notes maintained by the University, nor financial records, including any information those records contain, of their parents or guardians.
   
   
3. Students have the right to request the amendment of education records that they believe are inaccurate, misleading, or a violation of privacy. A student requesting amendment of an education record should submit a written, dated request to the Campus President/Executive Director, clearly identify the part of the record he or she wants changed, and specify why it is inaccurate, misleading, or a violation of privacy. If the University decides not to amend the record, the University will notify the student of the decision and the student's right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
   
   
4. Students have the right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without prior consent from the parents or the eligible student, as applicable. The University may neither release nor disclose personally identifiable information contained in the student's education records to outside employers, agencies, or individuals without first securing a written release from the parent or eligible student, as applicable, unless permitted by the Act. One exception to the above student record release policy permits disclosure without consent to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic, research, or support staff position, including law enforcement unit personnel and health staff, or a person or company with whom the University is affiliated or has contracted such as an attorney, auditor, or collection agent. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill a professional responsibility. Upon request, the University discloses educational records without consent to officials of another school in which a student seeks or intends to enroll.
   
   
5. Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

The rights afforded to, and consent required of, parents under this Act transfer from the parents to the student once the student becomes eligible.

DIRECTORY INFORMATION PUBLIC NOTICE

In accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA), Kaplan University maintains an online directory for the University community. Upon the first day of attendance at the University, students' profile listings, including student names and user names, become available to the University community (students, faculty, and administrators). The online directory may also include information commonly referred to as "directory information." The University designates the following categories of student information as directory information:

Name Address Telephone number Email address Photographic representations of students Field of study Grade level Enrollment status Dates of attendance at the University Degrees, honors, and awards received Participation in officially recognized campus activities

The University does not accept responsibility for information published by users in the directory and reserves the right to delete or modify information posted to the directory that is abusive, inflammatory, defamatory, infringing of intellectual property, or otherwise inappropriate in an academic environment. Students who improperly use the directory or any information it contains may be subject to disciplinary action. Students have the ability to enter or restrict the listing of personal directory information through an online user interface. Upon withdrawal from the University, student directory information will be removed. Upon graduation from the University, student directory information will become eligible for inclusion in an alumni directory. Additionally, the University may release directory information to third parties without prior consent of students. Directory information may be disclosed by the University at its discretion for any purpose including, but not limited to, requests from law enforcement agencies and degree verification requests from prospective employers. Currently enrolled students may choose to withhold disclosure of their directory information by obtaining the Directory Information Withholding Request Form from the Campus Registrar (onsite) or the Kaplan University Office of the Registrar (online), completing the form, and returning it to the Campus Registrar/Kaplan University Office of the Registrar. The University will honor a student's request to withhold directory information; however, cannot assume responsibility for subsequently contacting the student for permission to release information to prospective employers, relatives, or other persons. The failure on the part of any student to specifically request that his or her directory information be withheld indicates individual approval for disclosure. Additionally, the student's request to withhold directory information will not affect previous disclosures made by the University prior to receipt of the request.