Terms of Service
TERMS OF SERVICE for the Online Information and Services of Ninja CPA Review, LLC (Ninja) and its partners.
Ninja maintains several web sites to promote and support its education products (ninjaCPAreview.com and Another71.com),–collectively, our “Web Sites”). By browsing any of the NINJA Web Sites, or by using the various services provided on them (for purposes of illustration, but not limitation, by signing in for customer support, enjoying multimedia content, or partaking in educational services available) (all such services and all other content, data, and information made available by NINJA on its Web Sites collectively referred to as the “Deliverables”), you are agreeing to be bound by these “Terms of Service”. Before using any of our Web Sites, please read these Terms of Service, which relate to and govern your use of each and every NINJA Web Site. Please do not use any of our Web Sites if you do not wish to be bound by these Terms of Service.
Please note that these Terms of Service are an agreement and during the period of this agreement, NINJA may revise these Terms of Service and change the Deliverables provided under these Terms of Service. Any such revision or change will be binding and effective immediately on posting of the revised Terms of Service or change to the Deliverables on our Web Site(s). You agree to review our Web Site(s), and these Terms of Service, periodically to be aware of any such revisions. If you do not agree with any revision to these Terms of Service, you should terminate your use of the Web Sites immediately.
1. Permitted Uses. Unless otherwise specified, NINJA grants you a personal, non-exclusive, non-transferable, limited right to access, use and display our Web Sites and the materials provided thereon and to access the Deliverables for your individual use in accordance with these Terms of Service. Certain websites and/or Deliverables may be restricted for use by registered customers of particular NINJA products and/or services and subject to applicable terms and conditions.
2. Prohibited Uses. The Web Sites may be used only for lawful purposes. NINJA specifically prohibits any use of the Web Sites for the following purposes, and you agree not to use the Web Sites for any of the following purposes:
a. To modify, publish, transmit, distribute, display, perform, participate in the transfer or sale of, create derivative works based on, or in any way exploit, any of the material contained on the Web Sites or in the Deliverables, in whole or in part, without NINJA’ prior written consent (except as expressly provided herein); or
b. To sublease, lease, sell, assign, transfer, distribute, rent, permit concurrent use of or grant other rights in the Deliverables and any material and documentation provided on the Web Sites to any third party; or
c. To provide use of the Deliverables in a computer service business, network, time sharing, interactive cable television, multiple CPU or multiple or concurrent user arrangement to users who are not individually licensed by NINJA or otherwise exploit for any commercial purposes any portion of, the use of or access to the Deliverables or the materials or documentation provided on the Web Sites.
3. Copyright. NINJA (and/or its licensors or suppliers) own all copyrights in and to the content on the Web Sites, including without limitation, products, services, web content (e.g., all text, data, graphics, photographs, videos, HTML code, and interfaces contained on the Web Site) and related materials. NINJA reserves all rights not expressly granted to you. Permission to use the material provided on our Web Sites for purposes not otherwise permitted herein shall be granted on a case-by-case basis. If you would like to request use of our materials please email us at firstname.lastname@example.org.
4. Anti-Piracy. NINJA takes piracy very seriously. You should be aware that illegal acts include, without limitation, the following: Making more copies of software than the license allows; duplicating someone else’s copy of proprietary software with or without that person’s permission; inspecting, modifying, distributing, or copying data or software without proper authorization, or attempting to do so; giving another individual the means by which to inspect, modify, distribute, or copy proprietary data or software. If you wish to report the suspected piracy of NINJA software, please email us at email@example.com.
5. Trademarks. The trademarks of Ninja include NINJA CPA Review® and Another71®. All other trademarks or service marks mentioned or shown on the Web Sites are the property of their respective owners and should be treated as such. You acknowledge that such trademarks, service marks and trade names are the sole and exclusive property of their respective owners, and that you have no right to use such trademarks, service marks or trade names except as expressly permitted to do so in writing by the respective owner.
6. Modifications. NINJA reserves the right at any time and from time to time, in its sole discretion, to modify or discontinue, temporarily or permanently, the Deliverables (or any part thereof, including the transmission of any related materials or documentation) with or without notice. NINJA further reserves the right at any time, and from time to time, in its sole discretion, to change or terminate without notice any content or features contained on the Web Sites, or any Web Site in its entirety. You agree that NINJA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Deliverables, content or features provided on the Web Sites.
7. Web Site Misuse. If you misuse any of the Web Sites and/or violate these Terms of Service in any way, NINJA has the right to suspend or terminate your account and to refuse any and all current or future use of the Deliverables and/or the Web Sites (or any portion thereof).
8. User Name, Password and Security. When you enroll in certain NINJA online courses you will choose a “User Name” and be assigned a temporary password to access your account and other services. You are responsible for maintaining the confidentiality of this information, and are fully responsible for all activities that occur under your password or account designation. You agree to immediately notify NINJA of any unauthorized use of your password or account designation or any other breach of security. Please be sure to exit from your account at the end of each session. NINJA shall not be liable for any loss or damage arising from your failure to comply with this Section 8.
9. Professional Responsibility. You acknowledge that you do not rely upon NINJA for advice regarding the appropriate treatment of tax, accounting, legal, and/or other matters. You acknowledge that you must retrieve in a timely manner electronic communications made available to you by NINJA (for example, course update announcements, acknowledgements, and e-mail messages in your mailbox). You agree to comply with all applicable rules, regulations and procedures of the United States government and all applicable state authorities.
10. System Abuse. You are prohibited from violating or attempting to violate the security of the Web Sites or abusing NINJA’ network resources, including, without limitation: accessing, or attempting to access, another individual’s or entity’s data or information without proper authorization regardless of the means by which this access is attempted or accomplished; giving another individual the means to access data or information they are not authorized to access; obtaining, possessing, using, or attempting to use passwords or other information about someone else’s account; inspecting, modifying, distributing, or copying data, mail, messages, or software without proper authorization, or attempting to do so; tapping phone or data lines; accessing files by circumventing privacy or security restrictions; knowingly tampering with, obstructing, or impairing the availability of the network, or attempting to do so; using network resources without proper authorization; knowingly sending a crippling number of files around a network; introducing damaging, self-propagating, or otherwise harmful software into a machine or a network; or hoarding computer or network resources in ways that interfere with the operation of the system. NINJA will vigorously pursue all potential violations of these rules, and will cooperate with law enforcement in prosecuting users who are found to have violated these security rules.
12. Suspension; Termination. If it is determined that you have violated any element of these Terms of Service, NINJA shall have the right, in its sole discretion, to suspend or terminate your password, user account (or any part thereof) and access to the Deliverables and the Web Sites. You agree that any suspension or termination of your access to the Deliverables and the Web Sites, and any deletion of your account information, may happen without prior notice. You further agree that, upon termination, you shall immediately destroy any copies made of any portion of the content contained on the Web Sites. Finally, you agree that NINJA shall not be liable to you or any third party for any suspension or termination of your access to the Deliverables and the Web Sites, or for any deletion of your account information. All provisions relating to disclaimer of warranties, limitation of liability and remedies and damages contained in these Terms of Service shall survive termination.
13. Disclaimer. YOU ACKNOWLEDGE THAT INCOME TAX, AUDITING, ACCOUNTING AND OTHER RULES, REGULATIONS AND METHODS ARE SUBJECT TO CHANGE AND ARE OF SUCH COMPLEXITY THAT THE MATERIALS MAY BE INACCURATE, INCOMPLETE OR CONTAIN DEFECTS. AS SUCH, THE DELIVERABLES ARE PROVIDED BY NINJA “AS IS.” ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE DELIVERABLES (WHETHER OR NOT ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING) ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO: (A) THE ACCURACY OF THE DELIVERABLES OR INFORMATION DERIVED FROM THE DELIVERABLES; (B) THE MERCHANTABILITY OF THE DELIVERABLES AND/OR ITS SUITABILITY FOR A PARTICULAR PURPOSE (INCLUDING TRAINING AND EXAM PREPARATION), WHETHER OR NOT NINJA KNOWS OR HAS REASON TO KNOW OR HAS BEEN ADVISED OF ANY SUCH PURPOSE; AND (C) NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL RIGHTS IN AND TO THE DELIVERABLES AND THE TRADEMARKS CONTAINED ON THE WEB SITES. NINJA ALSO DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES (i) THAT THE CONTENT IS ERROR-FREE AND/OR FREE FROM ANY COMPUTER BUGS, VIRUSES OR DISENABLING CODES; AND (ii) THAT THE CONTENT WORKS WITH ANY HARDWARE OR SOFTWARE CONFIGURATION. TO THE EXTENT THAT ANY WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DELIVERY DATE. NINJA DOES NOT GUARANTEE THE SECURITY, SEQUENCE, TIMELINESS, ACCURACY, INTEGRITY OR COMPLETENESS OF THE DELIVERABLES AND WEB CONTENT.
14. Limitation of Liability. IN NO EVENT SHALL NINJA HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) INCURRED IN CONNECTION WITH THE WEB SITES OR THE DELIVERABLES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS, LOST OR DAMAGED DATA, DAMAGE TO OR INTERRUPTION OF ANY LOCAL AREA NETWORKS, INTRODUCTION OF VIRUSES, WORMS OR OTHER DESTRUCTIVE PROGRAMS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES, ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY IN RELIANCE UPON THE DELIVERABLES, ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION MADE AVAILABLE IN CONNECTION WITH THE USE OF THE WEB SITES, OR ANY INACCURACIES, ERRORS OR OMISSIONS IN CONNECTION WITH THE DELIVERABLES. THE MAXIMUM AGGREGATE LIABILITY OF NINJA AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES IN CONNECTION WITH THE DELIVERABLES, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF YOUR COURSE ENROLLMENT PURCHASE FROM NINJA.
15. Indemnity. You agree to defend, indemnify, and hold NINJA, its affiliates, officers, directors, employees, agents, licensees and licensors harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, all reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web Sites and Deliverables and/or your violation of these Terms of Service.
16. Use by Minors. NINJA is committed to protecting the privacy of children. You should be aware that the Web Sites are not intended or designed to attract children under the age of 13. In addition, we do not collect personally identifiable information from any person that we actually know is a child under the age of 13.
17. Foreign Jurisdictions. NINJA makes no representation that the content contained on the Web Sites is appropriate or may be downloaded outside of the United States and its territories. Access to the content may not be legal in certain countries and by certain people in those countries. If you access the Web Sites from outside the United States and its territories, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
18. Disputes. You acknowledge that you have had the opportunity to be represented by independent counsel of your choice prior to agreeing to these Terms of Service. You agree that these Terms of Service shall be interpreted and enforced according to the laws of the State of Colorado, without any regard to conflicts of law rules, and shall be treated as if executed and performed in Shawnee County, Kansas. All disputes surrounding the performance of these Terms of Service, the Web Sites, and/or Deliverables shall be instituted and prosecuted exclusively in Jefferson County, Colorado, with you specifically consenting to extraterritorial service of process for that purpose.
19. Severability. The invalidity or unenforceability of any particular provision of these Terms of Service shall not affect any other provision hereof and these Terms of Service shall be construed in all respects as if such invalid or unenforceable provision were omitted. If it is determined that any provision of these Terms of Service is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforceable as so limited.
20. Survival. The obligations of the parties under these Terms of Service, which by their nature would continue beyond the termination, cancellation or expiration of these Terms of Service, shall survive termination, cancellation or expiration of these Terms of Service.
21. General. These Terms of Service constitute the entire agreement between you and NINJA and govern your use of the Deliverables and the Web Sites, superseding any prior agreements between you and NINJA, whether oral or in writing. In order to access the Web Sites and/or Deliverables, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to connect to the World Wide Web, including a computer and modem or other access device. Your use of any particular NINJA software or service will be subject to its own user or license agreement, which shall govern such software or service. The failure of NINJA to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or any further right hereunder. NINJA shall have the right to collect from you any expenses incurred including attorneys’ fees in enforcing its rights under these Terms of Service.
Thank you for your cooperation. We hope you find our Web Sites helpful and convenient to use. Questions or comments regarding our Web Sites should be directed to firstname.lastname@example.org.