KAPLAN K12 USER AGREEMENT and PRIVACY POLICY

Last Updated: August 2008

KAPLAN K12 USER AGREEMENT

Welcome to the Web site for KAPLAN K12 LEARNING SERVICES ("KAPLAN K12"), located at www.kaplank12.com (the "Site"), a business division of KAPLAN, Inc. ("KAPLAN"). This User Agreement, including our Privacy Policy, governs your use of the Site.

By visiting or using the Site, you agree to follow the rules outlined in the User Agreement, so please take the time to read them carefully. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on both our home page and our information-collection forms. Your continued use of the Site 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 KAPLAN K12 handles any personal-identification information that is collected from visitors to the Site.

Copyright

Web Site Materials. Copyright on this Site and all materials included in it are owned by or licensed to KAPLAN, Inc., and all rights are reserved. You must abide by all copyright notices and restrictions contained on this Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from this Site (including computer programs or other code) ("Site Materials"), unless you have been specifically authorized to do so, and then only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials.

Trademarks

KAPLAN, KAPLAN K12 LEARNING SERVICES, the KAPLAN Logo, the KAPLAN K12 LEARNING SERVICES logo, and any other trademarks on the Site are trademarks owned by KAPLAN, Inc. ("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.

Test names and other trademarks are the property of the respective trademark holders. None of the trademark holders listed below are affiliated with KAPLAN, Inc., or the Site. Unless stated explicitly, no endorsement of this information, service, or product by any company or person should be made or implied.

Trademark Owners

Links, Frames, and Metatags

You may link to the home page of the Site as long as the link does not cast us in a false or misleading light. You may not frame the content of the Site. You may not use metatags or any other "hidden text" that incorporates the KAPLAN Trademarks or our name without our express written consent.

Links to Other Web Sites

This Site may contain links to other Web sites, including sites for other KAPLAN companies. 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

THIS SITE 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. KAPLAN AND KAPLAN K12 HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY STATED ON THIS WEB SITE, NONE OF KAPLAN, KAPLAN K12, NOR ANY OF THEIR 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 THIS SITE, OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) 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 THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. KAPLAN K12 MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES, OR OTHER MODIFICATIONS TO THIS SITE, 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 of New York and New York County and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Termination

We reserve the right to suspend the Site or to 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.

KAPLAN K12 PRIVACY POLICY

This is the Privacy Policy for the Web site of KAPLAN K12 Learning Services ("KAPLAN K12"), located at www.kaplank12.com ("Site"), a business division of KAPLAN, Inc. Your privacy is very important to us, and we are committed to protecting it. We understand that our visitors 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. In addition, the Privacy Policy provides you with choices about that use.

By visiting the Site or submitting your personal-identification 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 both our home page and our information-collection forms. Your continued use of the Site after any modification indicates your agreement to the new terms.

Collection and Use of Personal Data

Personal-Identification Information

When you request information, we will use our online forms to collect personal-identification information: your name, postal address, email address, fax, and school district ("personal data"). In addition, if you send us an email or communicate with us offline, we may collect the personal data that you voluntarily provide 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 request a program demo 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 send you an online newsletter and information about new products or services that we think might interest you (unless you opt out)

If you do not want us to send you surveys and questionnaires, or to provide you with information about our other products and services, you can opt out of receiving this information by following the steps described below in the section entitled Your Ability To Choose.

Anonymous Information

You can visit most pages on the Site 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.

We use your anonymous data to obtain general statistics regarding the use of the Site and its specific Web pages and to evaluate how our visitors use and navigate our Web site on an aggregate basis. We do not link your anonymous data with your personal data.

We use a service provider to track and to analyze non-personal data, such as usage and volume of statistical information from site visitors. This anonymous data will not be linked to your personal data.

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 both site usage and the 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

We do not share personal information except to fulfill a request for information or to deliver a purchased program. Personal data will not be shared with third parties for their promotional purposes.

Your Ability To Choose

You can let us know if you do not want us to send you information by taking the following steps:

• To stop further delivery of our newsletter or informational emails, click the opt-out link at the bottom of these messages.
• To let us know about your other communication preferences, either call 1-888-KAPLAN8 or send an email to info@kaplank12.com. Please identify all the email addresses, postal addresses, and phone numbers that you may have submitted to us, so we can ensure that we respect your wishes.

Security

KAPLAN K12 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, KAPLAN K12 uses standard security protocols.

Links to Other Web Sites

This Site may contain links to other Web sites, including other KAPLAN company sites. This Privacy Policy covers only this Site and not these other sites, including the other KAPLAN sites. Be sure to look for the privacy policies that govern your use of these other Web sites.

Review and Correction Questions

If you have any questions about our treatment of your data, or if you wish to update your personal data, you can call us at 1-888-KAPLAN8 or send an email to info@kaplank12.com.