TERMS AND CONDITIONS: Your purchase, enrollment in and use of products, tools and services (“Products”) offered by Kaplan North America, LLC (“Kaplan”), doing business as Bluejacketeer (“Bluejacketeer”), including your access to bluejacketeer.com and its respective subdomains (the “Site(s)”), are subject to these terms and conditions (“Terms”). If You purchase a Product for use by another, these Terms govern both You and the end user of the Product(s) (collectively, “You”). You agree to be bound by the Terms, which is an agreement between Bluejacketeer and You.
Children: Children under the age of 13 are not permitted to purchase or enroll in Programs. Children may provide information to Bluejacketeer and use the Products only with consent of a parent or guardian.
Any new features or tools which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE SERVICE TERMS
By agreeing to these Terms, you represent that you are at least 18 years of age and if you are purchasing the Products other than for yourself, such as for your child, you authorize Bluejacketeer to allow your minor dependents to use the Products on this Site and for Bluejacketeer to service them. You may not purchase Products for the purpose of reselling or distributing them for profit. We reserve the right to cancel any prohibited purchases.
By signing up for the 3-day free trial, You will be charged after the free trial period expires and a monthly Bluejacketeer subscription will begin starting from day 4 in the free trial. You can cancel anytime before the free trial period expiration, however canceling during your free trial period will result in immediate loss of access to the trial material. During the free trial period, we may limit access to some materials and features. If you do not cancel, You authorize us to begin a monthly Bluejacketeer subscription at the end of your free trial and charge to the payment method submitted. Your subscription will auto-renew monthly. You can cancel anytime by going to “Account Settings”, then “Manage My Subscription”, and clicking on “Cancel Subscription” or by contacting us at [email protected]
You agree to make full payment of the subscription you purchase on this Site. Your credit card will be charged on a periodic basis (monthly, for monthly subscriptions each a “Subscription Period”) until you cancel the subscription. You may cancel by going to “Account Settings”, then “Manage My Subscription”, and clicking on “Cancel Subscription” or by contacting us at [email protected].
Prices for our products are subject to change without notice. Purchases may be subject to taxes in many states. Tax rates are different from state to state. You are responsible for paying all such taxes.
Bluejacketeer reserves the right to modify Products or discontinue the Service (or any part or content thereof) without notice at any time.
Bluejacketeeer shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
One Account Per Person. When You set up an Account, it serves as the sole account for You. 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. You also agree to use only one account; creation of more than one account does not qualify you for another free trial. You are only defined as a new customer (“New Customer”) at the creation of your first Bluejacketeer account. You agree if you cancel your first account and create a subsequent account with a different email address and method of payment you are no longer a New Customer and do not qualify for any new customer promotions or free trials. Bluejacketeer has the right to terminate your account for any reason at our sole discretion without notice to You.
Subject to your compliance with these Terms, Bluejacketeer grants You a limited, personal, non-exclusive, revocable and non-transferable license to access the Site and Services. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – INTELLECTUAL PROPERTY
All content and functionality in this Site and in our Products, 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 Products 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, Products 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, Products or Content.
- Resell, share, distribute, download, record, screenshot, copy, lease, transfer or commercially use the Site, Products or Content.
- Create or attempt to create a substitute or similar service or product through the use of or access to the Site, Products, Content or any proprietary information.
- Delete, deface or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site, Products or Content.
- Decompile, scrape, disassemble, reverse-engineer or otherwise attempt to steal the software code of the Site, Products or Content.
The Site, Products 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, Services 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, Products or Content. Kaplan reserves all rights not expressly granted in and to the Site, Products and Content.
SECTION 3 – THIRD PARTY SELLERS AND LINKS
Some of the Products advertised on the Site(s) are sold by third parties, including affiliates (“Third Party Sellers”). We are 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 we make no representation about Third Party Listings 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.
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.
SECTION 4 – USER CONTENT
If You submit comments, photos, creative ideas, suggestions, proposals, plans, 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 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. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
SECTION 5 – COPYRIGHT POLICY
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 substantively 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: [email protected]
SECTION 6 – DISCLAIMER AND LIMITATION OF LIABILITY
PRODUCTS ARE PROVIDED “AS IS” AND BLUEJACKETEER 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 BLUEJACKETEER 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 BLUEJACKETEER’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU.
THE CONTENT OF THE PRODUCT ON THE SITE SHOULD NOT BE USED FOR ANY PRACTICE OF MEDICINE. THE INFORMATION ON THE SITE IS FOR TEST PREP REVIEW FOR THE NAVY ADVANCEMENT EXAMINATION AND OTHER NAVY PROGRAMS.
SECTION 7 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 8 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet or (l) to creating more than one account.
SECTION 9 – 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 Bluejacketeer 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 Bluejacketeer or a related entity is a party. The same applies to Bluejacketeer’s legal actions against You. Thus, You and Bluejacketeer 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 Bluejacketeer agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over a representative or class proceeding.
SECTION 10 – 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.
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 in the Product in order to, nor will engage in any activity while enrolled in the Product that will, cause Kaplan to violate any sanctions or export controls law, rules, and regulations;
- You acknowledge that access to the Product 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.
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 North America, LLC 1515 W Cypress Creek Road, Fort Lauderdale, FL 33309
By email: [email protected]
Rev. May 2022