Terms of service
TERMS OF USE
Last Updated: February 3, 2022
1. Acceptance of Agreement
Welcome to KESLER CPA REVIEW, a division of Anything Online, LLC (“Anything Online” or “we” or “us”). Please carefully read this Terms of Use Agreement (“Agreement”). By accessing, using or downloading materials from keslercpareview.com (the “Site” or “Service”), you agree to be bound by this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site. This Agreement may be amended at any time by us without specific notice to you. The most recent version of the Agreement will be made available on the Site and should be reviewed prior to using the Site. By using this Site and continuing to use the Site after any modifications, you agree to the terms of this Agreement and to be bound by any such changes. If you do not agree to this Agreement, please do not use the Site.
2. Personal Use Only
This Site is for your personal use only. Commercial use of the Site or of any Site content is prohibited. The viewing, copying, printing or downloading of any content, graphic, form or document from the Site grants you only a limited non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative work or other use. No part of any content, form or document may be reproduced in any form. The information may not be transferred, shared with or disseminated to anyone for any purpose that is inconsistent with the purpose of the Site or for any purpose that is inappropriate or unlawful under applicable United States and International law. Nothing in this Agreement shall be construed as conferring any right in any intellectual property of Anything Online, its affiliates or any other person or entity owning the intellectual property in the content provided on the Site.
Anything Online may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Anything Online for your personal, noncommercial and home use only. Anything Online does not transfer either the title or the intellectual property rights to the Software. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Anything Online or its licensors and you may not copy or use them in any manner.
3. Restrictions
You may not resell, redistribute, broadcast or transfer materials on the Site or use the materials on the Site in a searchable, machine readable database or file except through the authorized access to the Site. Unless separately and specifically authorized in writing by Anything Online, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, link, hyperlink, store or time-share the Site, any part thereof, or any materials received or accessed therefrom to or through any other person or entity. Access to the Site without the authorization of Anything Online is strictly prohibited. You hereby agree to use the Site for lawful purposes only.
4. Age Requirements
The Site is intended for the use of adults 18 years or older. You are not permitted to use the Site if you are under the age of 13. By using the Site, you agree to provide us with accurate information concerning your age and identity if we request it. You also agree not to assist children under the age of 13 in accessing the Site or to attempt to contact children under 13 through the Site.
5. Responsibility for Content
Anything Online does not screen, edit or review material submitted by users. Anything Online can therefore accept no responsibility or liability for any material which may reside in or is accessed through the Site other than material created directly by Anything Online. Anything Online has no responsibility with respect to other sites.
6. User Content
By using the Site or uploading any material to the Site, you represent and warrant as a material part of this Agreement that any and all intellectual property, content or media you upload (collectively, “User Content”) does not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.
By uploading, publishing, modifying or displaying User Content, regardless of form or medium, to any part of our service or the Site, you automatically grant, and you represent and warrant that you have the right and all necessary licenses to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license to use, publish, sublicense, copy, prepare derivative works of, incorporate into other works, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit and distribute the User Content for any purpose in connection with the Site and elsewhere, unless otherwise agreed in writing. We reserve the right, but not the obligation, to edit, modify and/or remove your Content without prior notice.
You are solely responsible for your User Content and you represent that you will not post or transmit any information through the Site which: (i) infringes the rights of others or violates their privacy or publicity rights; (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, pornographic, indecent or otherwise objectionable; (iii) is protected by copyright, trademark, or other proprietary right without the express written permission of the owner of such right; (iv) advertises or otherwise solicits funds or is a solicitation for goods or services; or (v) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm cause by your use of the Site.
ADDITIONALLY, YOU HEREBY INDEMNIFY AND HOLD HARMLESS ANYTHING ONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS OF ANY NATURE OR KIND ARISING FROM ANY UPLOADS OF MATERIAL YOU PLACE ON THE SITE, INCLUDING ATTORNEYS’ FEES AND COSTS.
7. Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright and other proprietary (including but not limited to intellectual property) rights both at common law and through registration. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 2 of this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
8. Trademark
Anything Online and other names used throughout the site are either trademarks or registered trademarks of Anything Online or other third parties. Other product and company names mentioned on the Site may be trademarks of their respective owners.
9. Reporting to Copyright Agent (DMCA Policy)
If you are a copyright owner or agent thereof and believe that any of the content on the Site 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 e-mail 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 e-mail: bryan@cpaexamguide.com
10. Counter Filing (DMCA)
Pursuant to 17 U.S.C. § 512(g) of the Digital Millennium Copyright Act, we may reinstate content if we receive a counter notification by the provider of the affected content.
If you are the content provider and you feel you must submit a counter notification regarding the content that has been removed from our Site, you must submit – in writing – a counter notification that includes the following: (i) your physical or electronic signature; (ii) your name, address and phone number; (iii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iv) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (v) your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.) or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and (vi) your consent to accept service of process from the person who provided the notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
Our Copyright Agent can be reached as follows:
By e-mail: bryan@cpaexamguide.com
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
12. Modifications to the Site
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Site, or any part thereof, from time to time, for any reason and without notice. The information and materials contained on the Site are subject to change. We endeavor to keep the information featured on the Site current, however, such information is subject to change at any time without notice to you and the featured information on the Site may not immediately reflect such changes.
Anything Online reserves the right to terminate your use of the Service and the Site. We reserve the right to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement or other unauthorized uses of the Site or the Service. We reserve the right to terminate your account and access to the Site and the Service immediately, with or without notice to you and without liability if we believe that you have violated this Agreement, furnished us with false or misleading information or interfered with use of the Site or the Service.
14. Affiliated Sites
Anything Online has no control over and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked within the Site. Because neither Anything Online or the Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content or quality of the information provided by such sites and we assume no responsibility for any unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those sites. When visiting other websites, you should refer to each website’s individual terms of use and not rely on this Agreement.
15. Disclaimer and Limitation of Liability
Except as expressly provided otherwise, Anything Online disclaims any and all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability and availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. We disclaim any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material in respect to the Site or the use thereof.
Any communications sent to you via the Site or otherwise from Anything Online (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of the Site (including, without limitation, any technology, financial, investment, corporate or tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, financial or tax advice and should not be relied upon in that regard. Therefore, you should independently consult a lawyer or tax advisor.
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE.” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR EMPLOYEES. AGENTS, LICENSORS, CONTRACTORS AND AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN OR TRANSMITTED THROUGH THE SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE AVAILABILITY OF THE SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES, OR INFORMATION HEREIN.
16. Indemnification
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.
17. Limitation of Claims
Any cause of action by you with respect to the Site (and/or any information, products or services thereto) must be instituted within (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 15 of this Agreement. The language in this Agreement shall be interpreted as in accordance to its fair meaning.
18. United States Use Only
The Site is controlled and operated by Anything Online from its offices in the State of North Carolina. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this Site consists of individuals in the United States only. Anything Online makes no representation that any of the materials or the services to which you have been given access are available or appropriate for viewing or use outside of the United States. Your use or access to the Site should not be construed as Anything Online’s purposeful availment of itself of the benefits or privilege of doing business in any state or jurisdiction other than North Carolina.
19. Choice of Law and Forum
This Agreement shall be treated as though it were executed and performed in the state of North Carolina and shall be governed by and construed in accordance with the laws thereof (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be governed by North Carolina law and the exclusive forum for disputes arising from or related to this agreement shall be the state and federal courts of North Carolina. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
20. Severability
21. Registration
When registering an account for the Services (“Account”), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as it changes. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify KESLER immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias, or if you previously have been banned from using any of the Services. KESLER reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of KESLER.
22. Fees and Purchase Terms
22.1 Payment
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide KESLER with valid information in connection with your payment. By providing KESLER with your payment information, you agree that (i) KESLER is authorized to immediately invoice your Account for all fees and charges due and payable to KESLER hereunder, (ii) KESLER is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify KESLER of any change in your payment information. KESLER reserves the right at any time to change its prices and billing methods.
22.2 Refunds
Unless otherwise agreed by KESLER on a case-by-case basis, all fees are non-refundable after 30 days.
22.3 Discounts, Promo Codes and Premium Offers
We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official KESLER communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used in accordance with the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use. From time to time, we may offer special promotions (such as free premiums with purchase), associated with some of our products or Services. All promotional offers, including premium offers, may be discontinued at any time, without prior notice, at our discretion and are only available while supplies last or for the duration noted.
22.4 Tutoring Credits
Kesler CPA Tutor Credits can be redeemed in exchange for Kesler CPA tutors answering technical CPA exam questions. All “FREE” or “VIP” Kesler CPA Tutor Credits have a 30 day expiration date from date granted and are use it or lose it. PAID Kesler CPA Tutor credits never expire.
23. Ownership of and License to Use KESLER Properties
23.1 Use of the Services
KESLER and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, KESLER grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. KESLER, its suppliers and service providers reserve all rights not granted in this Agreement.
23.2 Trademarks
KESLER’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of KESLER and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
24. Restrictions on Use of Services
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services of KESLER, including images, text, page layout or form; (c) you shall not use any metatags or other “hidden text” using KESLER’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright or trademark notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by KESLER in accordance with this Agreement.
25. Miscellaneous
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce a provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.